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Improvement of arbitration
12.05.2016
The Presidium of the Council of Judges of the Russian Federation published the decision No. 502 of April 14, 2016 “On results of summarizing proposals on optimizing the judicial load in arbitration courts”. The document contains information on improvement measures already adopted in the latest years, as well as a number of proposals for further optimization of load in arbitration courts.
In particular, the Council of Judges of Russia suggests upgrading the legal status of a judge assistant, granting him the right to take certain procedural actions on his own behalf that are currently performed by the judge, reintroducing the procedural legal mechanism of rejecting claims into the Arbitration Procedure Code, providing an opportunity for appeals to be considered by one judge, developing the use of information technologies, introducing mandatory pre-trial resolution of disputes between legal entities and individual entrepreneurs and customs and antitrust authorities, as well as distinguishing between competences of two cassation instances: district arbitration courts and chamber for commercial disputes of the Supreme Court of Russia.
Managing partner of YUST Law Firm, adviser of the Russian Federal Chamber of Advocates Evgeny Zhilin mentioned to New Advocate Newspaper that the proposals of the Council of Judges contain both positive and rather questionable points: “For example, the proposal to introduce mandatory pre-trial resolution of disputes between legal entities and individual entrepreneurs and customs and antitrust authorities is not very reasonable, as there is already a number of similar procedures, and in the end it will only result in delaying the process.” The lawyer added that there is no necessity to upgrade the status of judge assistants who already play an important role in proceedings: “It would be far more reasonable to raise the issue of expanding the practice of “reallocation” of judges: in courts with a high load their number should be increased, and in those with a low load - decreased, including by way of territorial rotation”.
“Among the positive ideas are proposals aimed at reduction of bureaucracy, which is in my opinion the main reason of overload in arbitration courts. For instance, further development of information technologies, development of writ proceedings, as well as distinguishing between work of two cassation instances. It would also be an advantage to assign additional competences to the judge to decide on a number of issues without summoning the parties, as well as to give the parties an option of expedited hearing of the simplest category of cases”, Evgeny Zhilin concluded.
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The Presidium of the Council of Judges of the Russian Federation published the decision No. 502 of April 14, 2016 “On results of summarizing proposals on optimizing the judicial load in arbitration courts”. The document contains information on improvement measures already adopted in the latest years, as well as a number of proposals for further optimization of load in arbitration courts. In particular, the Council of Judges of Russia suggests upgrading the legal status of a judge assistant, granting him the right to take certain procedural actions on his own behalf that are currently performed by the judge, reintroducing the procedural legal mechanism of rejecting claims into the Arbitration Procedure Code, providing an opportunity for appeals to be considered by one judge, developing the use of information technologies, introducing mandatory pre-trial resolution of disputes between legal entities and individual entrepreneurs and customs and antitrust authorities, as well as distinguishing between competences of two cassation instances: district arbitration courts and chamber for commercial disputes of the Supreme Court of Russia.
Managing partner of YUST Law Firm, adviser of the Russian Federal Chamber of Advocates Evgeny Zhilin mentioned to New Advocate Newspaper that the proposals of the Council of Judges contain both positive and rather questionable points: “For example, the proposal to introduce mandatory pre-trial resolution of disputes between legal entities and individual entrepreneurs and customs and antitrust authorities is not very reasonable, as there is already a number of similar procedures, and in the end it will only result in delaying the process.” The lawyer added that there is no necessity to upgrade the status of judge assistants who already play an important role in proceedings: “It would be far more reasonable to raise the issue of expanding the practice of “reallocation” of judges: in courts with a high load their number should be increased, and in those with a low load - decreased, including by way of territorial rotation”.
“Among the positive ideas are proposals aimed at reduction of bureaucracy, which is in my opinion the main reason of overload in arbitration courts. For instance, further development of information technologies, development of writ proceedings, as well as distinguishing between work of two cassation instances. It would also be an advantage to assign additional competences to the judge to decide on a number of issues without summoning the parties, as well as to give the parties an option of expedited hearing of the simplest category of cases”, Evgeny Zhilin concluded.
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