Artur Zurabian | A commentary for Advokatskaya Gazeta: It is proposed to fix in the civil procedure court the right of appeal to remit the case to the first instance for further consideration
Experts have not been identical in assessing this legislative initiative. Most of them note that the amendments will lead to a prolongation of proceedings and will have a negative impact on the parties involved, although they will reduce the load on the appeal instances. However, two of the lawyers positively evaluate the changes, because now the appeal has to use the analogy of law in order to remit the case to the first instance.
On the contrary, Artur Zurabian, an advocate and head of ART DE LEX Dispute Resolution and International Arbitration Practices, welcomes the amendments. «In practice, it is in the courts of general jurisdiction, where this kind of errors is quite common. As follows from the explanatory note to the bill and the court practice, the courts now have to be guided in such situations by the analogy of proceedings, applying, in particular, the rules of appeal on decisions of justices of the peace. However, without legislative regulation such approach is more than controversial», he underlines.
According to the expert, even the draft resolution of the RF Supreme Court Plenum «On the application by the courts of the norms of civil procedural legislation regulating proceedings in the court of appeals» considered in April of this year, does not, as a general rule, allow the possibility of remitting the case for further consideration.
