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The work on the new Code requires much attention to detail

The work on the new Code requires much attention to detail

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The concept of the single Civil Proceedings Code of the Russian Federation was approved in December of 2014. There are many who put their hopes in it, and with reason.

The idea of creation of a unified Civil Proceedings Code certainly has its positive moments, first of all concerning the unification of those procedural norms, which are different in arbitration and civil procedures for no objective reasons.

However, one must keep in mind that certain differences between arbitration and civil proceedings are due to the difference between the respective compositions of parties, and those differences cannot be subjected to unthinking unification.

The work on the new Code requires much attention to detail, public discussions in the legal community, and under no circumstances should be done post-haste. When the Higher Court of Arbitration of Russia was dissolved last year, the CPCRF provisions on the much talked-about “second” cassation and supervision were copy-pasted to the APCRF, and we would like to avoid a similar situation.

As far as the concept of a single Civil Proceedings Code is concerned, the authors’ desire to implement those norms and approaches, which have already been successfully tested in the arbitration proceedings and proved their integrity, in the civil proceedings is worthy of a special note. First of all, this concerns the comfortable and practical system of electronic circulation of documents created in the courts of arbitration.

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