The Supreme Court of the Russian Federation proposed simplifications to the Civil Procedure Code and the Arbitration Procedure Code of the Russian Federation

On 17 February 2015, the Supreme Court of the Russian Federation proposed a draft resolution of Federal Law No. 725381-6, Amendments to the Civil Procedural Code and the Arbitration Procedure Code of the Russian Federation, that will simplify court proceedings.

In the explanatory note to the draft law, the authors stated that, in 2012, summary proceedings began in the arbitration process, where they proved to be effective. According to the authors, if adopted, the law would decrease the burden on courts so that they could process cases effectively.

The simplified procedure would concern cases on reimbursement, property recovery, and proprietorship. In these instances, reimbursement is not to exceed RUB 500,000. The main condition for the lawsuit should be default on a debt that the claimant must acknowledge.

The parties may request or a court may recommend to the parties the use of a simplified proceeding. Litigation involving administrative relations, state secrets, rights of children, and special cases regarding production must not employ the simplified procedure.

The bill describes the simplified proceedings. After the court accepts the simplified procedure, the parties will submit their arguments and evidence along with the objections to the claims of the opposing party. Then, in the absence of the defendant and plaintiff and without a public hearing, the court will consider the documents and reach a decision. The court will send the operative part of the judgement to the parties by mail and publish it on the court website. At the request of the parties, the court may prepare a rationale for the decision.

The parties have 15 days, after the verdict or after the court issues the rationale, to appeal the decision. The appeal is not a public hearing, but the judge has the right to meet with the plaintiff or defendant in order to hear any explanation.

The court of cassation also will consider the case in the absence of the parties, who will provide the court with a written explanation of the case. Once again, if the court wishes further clarification, it may require the plaintiff or defendant to appear in court.

Simplified proceedings in the arbitration process do not apply to claims exceeding RUB 300,000 for legal entities and RUB 100,000 for individuals. Litigation involving nonregulatory acts, administrative liability, and the recovery of compulsory payments must not exceed RUB 100,000.

The bill provides for changes in the arbitration process for appeal and cassation complaints for summary proceedings. The proceedings of the courts of appeal and cassation will be based on the submitted documents and evidence, without calling the parties. At the same time, in order to safeguard the right of personal participation in the trial at any stage, given the nature and complexity of the issue as well as arguments of the appeal or cassation complaints and objections, the court may call the parties to the hearings.

The draft (in Russian) of FZ No. 725381-6, Amendments to the Civil Procedural Code of the Russian Federation and the Arbitration Procedural Code, is available at http://asozd2.duma.gov.ru/main.nsf/%28Spravka%29?OpenAgent&RN=725381-6.

The Russian version of this post is available at http://artdelex.ru/rus/news/vs-rf-predlozhil-vvesti-v-gpk-rf-institut-uproshchennogo-proizvodstva.