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Going to law against the state will become more costly for the business
27.07.2015
Alexander Bolomatov, Partner of the Law Firm "YUST", commented for the RBC Newspaper on the draft law “On amendments to the APC and Article 30.13 of the AOC”, which is supposed to “eliminate the ambiguity” in appealing against the awards of the courts of arbitration in the Supreme Court in the procedures of cassation and supervision.
The Ministry of Justice suggests applying the stricter provisions of the Arbitration Procedural Code, which stipulate no easing of restrictions. For example, says Alexander Bolomatov, the Court of Arbitration of the Moscow District may repeal the acts of the lower-ranking courts (first and second instances) and leave the initial resolution on administrative punishment in force, even if the lower instance courts have decreased the fines. Besides, the APC establishes that court sessions must be held with the participation of the parties and the respective summons, while the AOC has no such requirement.
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Alexander Bolomatov, Partner of the Law Firm "YUST", commented for the RBC Newspaper on the draft law “On amendments to the APC and Article 30.13 of the AOC”, which is supposed to “eliminate the ambiguity” in appealing against the awards of the courts of arbitration in the Supreme Court in the procedures of cassation and supervision.
The Ministry of Justice suggests applying the stricter provisions of the Arbitration Procedural Code, which stipulate no easing of restrictions. For example, says Alexander Bolomatov, the Court of Arbitration of the Moscow District may repeal the acts of the lower-ranking courts (first and second instances) and leave the initial resolution on administrative punishment in force, even if the lower instance courts have decreased the fines. Besides, the APC establishes that court sessions must be held with the participation of the parties and the respective summons, while the AOC has no such requirement.
Read more
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