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Company / Laws

Compiling a motivated part of the decision will not be binding on judges

Legal aid 04.10.2017 at 10:43

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As stated on our website: "Legal assistance", the Supreme court of the Russian Federation proposes extensive reform of the procedural legislation of the Russian Federation, including civil-procedural and arbitration-procedural legislation of the Russian Federation. The proposed draft Federal law is planned to cancel the contract jurisdiction in the CCP, APC, and proposes to introduce mandatory higher legal education for representatives of civil cases. In addition, the Plenum of the Supreme court has not yet considered the bill in terms of increasing the registration fee, but the possibility of increasing the state duty when filing the appeal, cassation and Supervisory complaints is established in the bill. 03.10.2017 G. a meeting of the Plenum of the Supreme court, which approved the Draft Federal law "On amendments to the Civil procedural code of the Russian Federation, the Arbitration remedial code of the Russian Federation, Code of administrative procedure of the Russian Federation and certain legislative acts of the Russian Federation".

the Draft law also plans to exempt judges from the training of the reasoning part of the judgment. The main motive of failure in the preparation of the reasoning part of the judgment, is the economic substantiation of expenses for preparation of the judgment. In most cases, the court's decision cannot be appealed by the parties to proceedings is not requested, the judge is forced to prepare the reasoning of the decision of the court. In addition, also required technical costs of production of the copy of the court decision.

the Federal law of 04.03.2013 № 20-FZ "On amendments to certain legislative acts of the Russian Federation" was the amendment to article 199 of the RF CPC. In the new wording of article 199 of the RF CPC magistrate was exempt from the mandatory preparation of a reasoned judgment. The reasoned decision of the court, the court is obliged to make a Declaration of the parties. If to speak about magistrates, for the magistrates, it is justified. As the load on justices of the peace are high, which does not allow timely to prepare a reasoned decision. For district and other courts rejection of the compiling part of the reasoning is not justified. The courts will be required to make a reasoned decision only on the socio-economic important Affairs. In administrative proceedings the courts will be exempted from drawing up a reasoned decision on matters that are considered in the Simplified procedure. The rejection to make a motivated decision may give rise to new controversies when considering similar cases where the subject and the cause of action will coincide with the initial claim to the same parties. However, due to the lack of a reasoned decision of the court can not notice. Will there be problems when compiling the reasoning of the decision of the court will show judicial practice.