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Company / Laws

Reordering copies of judicial decisions in civil proceedings

Legal aid 27.10.2019 at 10:42

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Article 10 of the Federal law from 28.11.2018 " 451-FZ "On amendments to certain legislative acts of the Russian Federation" ( in force since 01.10.2019 g ) of the amended article 214 of the CPC, according to which copy of the court awarded on receipt to the persons participating in business, their representatives or sent not later than five days after the date of adoption and (or) the preparation of the judgment. However, the question of the post (custom-made - easy) was not solved, also left unresolved the issue on issue on hand and lines of definitions of courts of appeal and cassation instances. In addition, there was the order of receipt by the persons participating in business, copies of a judgment after its entry into force. The new edition of part three of article 214 of the code of civil procedure establishes the procedure for obtaining copies of the court decision after its entry into force for other persons contemplating sending them copies of the court decision on the paper carrier or in electronic form, but does not specify what post and in what time frame. The norms of the current legislation of the Russian Federation regarding the regulation on the issuance and copies of the procedural acts of the court (the decision, definition, resolution) are contained in different regulations, fragmented and private nature, ad hoc and mixed all of this hampers their enforcement practices and thereby reduces the effectiveness of the legislation in terms of ensuring mechanisms of protecting civil rights and interests in the implementation of the right to judicial protection. To remedy this situation the bill proposes to consolidate the General principles of issuance and copies of judicial decisions in the Civil procedure code of the Russian Federation.

For this purpose it is proposed to amend article 214 of the code of civil procedure of the Russian Federation in a new wording, according to which copies of the decision of the court shall be sent or delivered to the persons participating in business, not later than five days after the date of adoption and (or) the preparation of the judgment. Copies of the court's decision on the choice of the person participating in business, can be directed to him or by registered letter with notification or in electronic form. In the third part of article 214 of the code of civil procedure of the Russian Federation suggested to establish a rule under which copies of a judgment after its entry into force sent to the persons participating in the case, and in cases stipulated by the Federal law, other parties, by registered letter with acknowledgment of receipt or in the form of electronic document not later than five days from the date of notification of these persons about the issuance of a copy of the court decision. This procedure is proposed that the results and copies of the definitions, appeal and cassation courts. To specify the selected method of receipt of the copy of the decision of the court the plaintiff (appellant) may petition, provided a corresponding change made in article 131 of the CPC. In addition, the court's responsibility after hearing the verdict in the courtroom to find out from the persons present in the hall, their chosen method of receipt of the copy of the judgment. In case of impossibility of establishment chosen by the person involved in the case, the method of obtaining copy of the court decision, a copy of the decision sent to him in the form of an electronic document. Corresponding changes are proposed in the article 193 of the code of civil procedure.

In the case of the bill it will be necessary to harmonize the normative acts of the judicial Department at the Supreme court. In compliance it will be necessary to bring the normative acts of the Ministry of communications, recommending that the Government consider establishing a different level of mail to send copies of judicial acts (including decisions, rulings of the courts), court cases (materials), Executive documents, and court notices (summonses), respectively "Judicial" and "Judicial notice". And to provide short-term storage in case of impossibility of delivery to the addressee in the post offices of destination within 7 days only in respect of "Court notices". In mailing discharge "the Court" (copies of judicial acts (including decisions, rulings of the courts), court cases (materials), Executive documents) to extend the General rule about storing mail in case of impossibility of delivery to the addressee in the post offices of destination within 30 days. In accordance with the changes provided in the Federal law from 28.11.2018 No. 451-FZ "On amendments to certain legislative acts of the Russian Federation" courts are exempt from the obligation to send copies of documents enclosed by the claimant (applicant) to the statement of claim to the defendant, and ,therefore, exempt from postage costs associated with the performance of this duty. If this bill proposed changes will impose additional costs, they can be covered from the released funds.