Sun: the arbitration courts should be empowered to make the operative part of the decision-40% of cases


MOSCOW, October 21. The Supreme court of the Russian Federation prepared a draft law that will allow courts to impose arbitration only the operative part of the decision-40% of cases. The head of sun Vyacheslav Lebedev said at a working meeting with Russian President Vladimir Putin.

“He (bill. -) provides approximately 40% of cases considered by the courts in the system of arbitration courts, the manufacturer is not motivated by great judgments, and the only pronouncement of the operative part of this decision, – said Lebedev. – This will greatly reduce the burden on judges, release them, I would say, from such work that does not need to perform”.

The head of the Supreme court emphasized that the bill does not limit the rights of parties to the proceedings, “because, if the participant in the proceeding will declare the petition for the preparation of a reasoned, complete decision, it will definitely be made in full”. According to him, this system is already well established in the system of courts of General jurisdiction “and very justified”.

It is also proposed to introduce approximately 20% of cases that the courts consider arbitration, writ order of consideration. Lebedev explained that we are talking about situations where the Respondent does not contest the claim. “In General in the future, I should probably pay attention, Mr President, on whether, if there is no dispute, consider the case in court. Let the market decide, if there is no dispute, everyone agrees,” said the head of the Supreme court. “Why do the trial? To set a specific complaint, that’s all”, he concluded.

Changes in the Arbitration procedural code

Russia’s Supreme court has also initiated changes to the Arbitration procedure code (APK), which should bring the practice of arbitration courts and courts of General jurisdiction. The introduction of the bill into the state Duma approved the Plenum of the Supreme court (SC).

In particular, it is proposed to introduce this accelerated form of production, as a court order, which should help to free arbitral tribunals from the things that do not require the extensive procedure. A court order is issued by the single judge on the basis of the claim about collecting of sums of money or about reclamation of movable property of the debtor, based on the undisputed requirement of the creditor in cases of default or improper performance of the contract and documents which the defendant recognized, but not enforced, if the price stated requirements for legal persons does not exceed 300 thousand rubles, individual entrepreneurs – 100 thousand rbl. the Order can be applied for the recovery of compulsory payments and sanctions, if the total size does not exceed 100 thousand rubles.

The court order will have the force of a writ of execution and shall be published on the Internet. Experts estimate th, the number of cases of mandative production can be expected to be more than 20% of the total number of cases considered by arbitration courts.

The bill also proposes to install APK’s mandatory application of claim or other pre-judicial order of settlement of disputes. The exception would be cases on establishment of facts having legal value, the award of compensation for violation of the right to trial within a reasonable time, bankruptcy proceedings, corporate disputes, cases regarding protection of rights and legitimate interests of a group.

To combat the abuse of persons participating in the case and other participants of the proceedings their procedural rights the bill proposes to introduce at the arbitration Institute of private process definitions, acting in courts of General jurisdiction.

The Tax code is proposed to amend the procedure for payment of state duty in cases of mandative production.