Artur Zurabyan | comments for the Advokatskaya Gazeta: The Supreme Court Plenum provided a clarification on application of the Commercial Procedural Code for case trials at the court of the first instance.

23 December, Plenum of the Supreme Court considered and approved the Judgment on Application of the Commercial Procedural Code for case trials at the court of the first instance, the draft of which had been earlier sent by if for amendment, as the AG had reported.

The final document contains amendments to the drafted clause 4, which specifies the competence of commercial courts that consider disputes as per Part 6 Article 27 of the Commercial Procedural Code of the Russian Federation. Attorney, Head of Litigation and International Arbitration at ART DE LEX Artur Zurabyan noted that in clause 4 has been supplemented the list of cases when a private individual who is not an individual entrepreneur may be a party to a trial at commercial court. «On the one hand, the supplements are logical. On the other hand, if we are going to list all cases, we could consider potential initiation of claims at commercial court by private individuals on the grounds of Article 248.1 of the RF Commercial Procedural Code on disputes involving persons under sanctions, since in clause 1 Part 2 Article 248.1 of the RF Commercial Procedural Code private individuals are also stated as potential claimants», believes the expert.

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