Less pleadings prescribed to the “new” CPC
The “single” Civil Procedural Code concept encompassed new spheres of regulation – the authors presented their ideas on how the appeal, cassation and supervision proceedings are to be carried out. There are some ideas that advocates like, but which may alert common citizens; the instructions of the Constitutional Court have been taken into consideration; and some initiatives are directly connected to the wishes of the Supreme Court. However, the head of the group that is writing the concept says that the document is “no monolith” and may be changed.
The renewed “single” Civil Procedural Code concept was presented at the session of the State Duma Legislation Committee yesterday. Several new chapters appeared in the new version of the document, which the authors had not been able to prepare for the presentation that took place in Yekaterinburg in October. Those chapters are on the security measures, protocols, proceedings in the courts of appeal, cassation and supervision instances.
The withdrawal from the principle of spoken pleadings in cassation proceedings is perhaps the most important idea on the new concept. First Deputy Chairman of the Supreme Court Petr Serkov and a “simple” Vasily Nechaev suggested a written variant for the cases, when the factum of the case have been ascertained and are not a complication, and only the law matters are to be reviewed. They believe that this would simplify and speed up the civil proceedings, and also improve the implementation of procedural economy principle. And in their opinion, concerning the supervision proceedings, a transition to fully written proceedings is possible.
Besides, Serkov and Nechaev believe that cassation must not automatically review judgments if requested, but rather “will choose the cases on the basis of their acceptability for review in cassation”. The new concept says: “The new Procedural Code will need to establish the criteria of acceptability of the cassation claim for the purposes of mitigation of the judge’s discretion effect in this matter”.
Alexander Bolomatov, Partner of the Law Firm "YUST", sees the idea as a little strange, since the citizens nowadays are mostly unable to write a halfway decent procedural document. He says: “Samples of statements of claim for anything, which are glued to every wall at every court, are a testimony to this”.
Rankings and Partners
