Important amendments to civil and commercial proceedings
Not later than 1 October 2019, standalone cassation and appeal courts of general jurisdiction will start to operate within the Russian court system
It has been established that, within its jurisdiction, a cassation court of general jurisdiction considers cases as a court of cassation and based on new or newly discovered circumstances. This court is a higher court with respect to federal courts of general jurisdiction and magistrates’ courts operating in the corresponding cassation circuit, a federal constitutional law provides otherwise.
Within its jurisdiction, an appeal court of general jurisdiction considers cases as a court of appeal and based on new or newly discovered circumstances. It is an immediate higher court with respect to supreme courts of republics, territorial (regional) courts, courts of cities with federal status, court of an autonomous region, or courts of autonomous districts operating in the corresponding appellate circuit, unless a federal constitutional law provides otherwise.
(Federal Constitutional Law No. 1-FKZ ‘On amending the Federal Constitutional Law ‘On the Russian court system’ and certain federal constitutional laws concerning the establishment of cassation and appeal courts of general jurisdiction’ dated 29 July 2018)
A number of amendments have been adopted concerning how civil and administrative cases are resolved in courts
As regards the delimitation of powers of courts of general jurisdiction and state commercial courts, the term ‘jurisdiction’ has been replaced with the term ‘competence’. Certain contentious matters as to how the proper court should be determined for certain categories of cases have also been resolved.
Clarifications have been made regarding specific aspects of summary proceedings by a court of general jurisdiction or a commercial court and of writ proceedings by a commercial court, as well as the consideration of appeals against rulings of a first instance commercial court;
the procedure has been revised for filing a cassation appeal, submission to the Judicial Panel of the Russian Supreme Court, and applying for a review, based on new or newly discovered circumstances, of a court order that has come into force.
Adjustments have been made to the requirements for persons who can act as representatives in court in a civil case: attorneys and other persons providing legal assistance who have a law degree from a university or a postgraduate law degree may act as representatives in court, except for cases considered by magistrates’ and district courts.
The procedure has been established for resolving the issue of legal costs arising from litigation in a first instance court, court of appeal and cassation court, by referring the case for supervisory review which is not allowed when a case is resolved in the corresponding court.
Clarifications have been made to the Russian Civil Procedure Code concerning the restoration of procedural timeframes, court notices and summons. A list of documents attached to the statement of claim has been amended, as has the procedure when no action is taken with respect to a statement of claim. A new chapter has been introduced to regulate reconciliation procedures and a settlement agreement.
The document will come into effect from the date when cassation and appeal courts of general jurisdiction will start operating, i.e. not later than 1 October 2019.
(Federal Law No. 451-FZ ‘On amending certain items of Russian legislation’ dated 28 November 2018)
An audio protocol will become mandatory in civil proceedings
A mandatory audio protocol of a court hearing in civil proceedings in first instance courts and courts of appeal has been introduced, as has the possibility of submitting comments concerning such audio recording being inaccurate and incomplete. An audio recording will be made during every court hearing in first instance courts and courts of appeal (including a preliminary hearing) and when procedural actions are performed outside such a court hearing.
The document is coming into effect starting from 1 September 2019.
(Federal Law No. 265-FZ ‘On amending certain items of Russian legislation’ dated 29 July 2018)