Separate procedural rules applied by courts of general jurisdiction and arbitration courts have been unified

The Arbitration Procedural Code of the Russian Federation and the Civil Procedural Code of the Russian Federation have been amended to clarify and unify certain procedural rules for the purpose of optimizing and accelerating Russian legal proceedings.

First of all, it should be noted that in accordance with the amendments the procedure of simplified proceedings and order proceedings is now available in both civil and arbitration proceedings.

Thus, the Civil Procedural Code of the Russian Federation has introduced provisions regulating the procedure of simplified proceedings. As part of the simplified procedure, the following cases are to be considered, among others:

• for claims for recovery of funds or property, if the value of the claim does not exceed one hundred thousand rubles (except for cases considered in the order of the proceedings);
• for claims for recognition of ownership rights, if the price of the claim does not exceed one hundred thousand rubles, etc.

At the same time, the categories of cases that are not subject in any case to simplified proceedings are also defined – for example, cases on disputes affecting the rights of children.

The order of decision-making on the category of cases considered by arbitration courts in the order of summary proceedings, as well as the list of cases itself are specified. In particular, it is indicated that the decision of the arbitration court in the case considered in the order of summary proceedings is taken immediately after the proceedings by signing by the judge of the operative part of the decision and attached to the case. The reasoning decision will be made by the court only on the application of the person involved in the case, which may be submitted within 5 days from the date of posting the decision on the Internet. In connection with the above novelty of the arbitration process, the terms of entry into force of the decision on this category of disputes are adjusted (15 days, if no reasoning part was made and no appeal was filed).

The amendments made to the Civil Procedure Code of the Russian Federation have expanded the list of requirements for issuing a court order. Additionally, it was determined that a court order is issued if the amount of money to be recovered or the value of movable property to be recovered does not exceed five hundred thousand rubles.

At the same time, the Agricultural Procedural Code of the Russian Federation includes a chapter that regulates the order proceedings. The court order, which is at the same time an executive document, is issued without summoning the recoverer and the debtor and without a trial on the basis of the evidence provided. In particular, the court order is issued in cases in which:

• The requirements arise from the default or improper performance of the contract and are based on the documents submitted by the claimant, establishing monetary obligations, which the debtor recognizes, but not fulfilled, if the price of the stated requirements does not exceed 400 thousand rubles;
• The requirement is based on the notary’s protest of the bill in default, non-acceptance and nedatsirovaniya acceptance if the price of the declared requirement does not exceed 400 thousand roubles;
• The requirement on collecting of obligatory payments and sanctions if the total amount of the sum of money subject to recovery specified in the statement does not exceed 100 thousand roubles is declared.

One of the key changes in the arbitration process relates to the introduction of a mandatory pre-trial dispute resolution procedure arising from civil relations. Starting from June 1, 2016, it will be possible to apply to the arbitration court only after 30 calendar days from the date of sending the claim (demand) to the other party to the dispute. A different term and procedure may be established by the contract. If the pre-trial procedure of dispute settlement is not observed, the statement of claim shall be returned. As for disputes arising from public legal relations, it may be referred to the arbitration court for resolution after compliance with the pre-trial procedure of dispute settlement only if it is established by federal law.

In addition, the APC of the Russian Federation has also introduced the institution of private definitions available in civil proceedings. Arbitration courts may use this institution, for example, in cases requiring the elimination of a violation of the law by a state body, a local government body, an official or an attorney.

The above amendments entered into force on 1 June 2016.

In general, the abovementioned amendments, as aimed at optimizing court proceedings and developing alternative dispute resolution methods, should be assessed positively, however, from the point of view of legal technique, some provisions require further improvement.

Covering the latest changes in the procedural legislation, it should also be noted that the collection of mandatory payments and sanctions from citizens from May 06, 2016 is again carried out within the framework of the ordered proceedings – the relevant amendments were made to the CAS of the Russian Federation. Previously, the tax authorities could have received a court order within the framework of the Civil Procedural Code of the Russian Federation, but with the entry into force of the CAS of the Russian Federation their applications were considered in the general order.

For more details, please, see: 

• Federal Law of 02.03.2016 № 47-FZ “On Amendments to the Arbitration Procedural Code of the Russian Federation
• Federal Law of 02.03.2016 № 45-FZ “On Amendments to the Civil Procedure Code of the Russian Federation and the Arbitration Procedure Code of the Russian Federation
• Federal Law of 05.04.2016 № 103-FZ “On Amendments to the Code of Administrative Proceedings of the Russian Federation and Certain Legislative Acts of the Russian Federation