Electronic documents in legal proceedings and remote participation in court hearings

Filing statements of claim and other documents

Statements of claim, applications, complaints, statements, and other documents can be filed with a court electronically through the State Services portal, or the information system specified by the Russian Supreme Court or the Russian Supreme Court Judicial Department, or the electronic document management systems of the parties to proceedings using the single system for interdepartmental electronic interaction (further “SMEV”).

Documents submitted through the State Services portal or through the information system specified by the Russian Supreme Court or the Russian Supreme Court Judicial Department can be signed with a simple electronic signature, if procedural laws do not provide that these documents must be signed with an enhanced qualified electronic signature (e.g. an application for interim relief, or a statement of claim for a motion to secure a claim, an application for securing evidence, a request for stay of court order enforcement).

Documents submitted through electronic document management systems must be signed with an enhanced qualified electronic signature.

The plaintiff is now entitled to send copies of statement of claim and its attachments to other parties in the case, not only by registered mail with acknowledgment of receipt, but also through the State Services portal, or the electronic document management system of parties to the proceedings. The Russian Code of Commercial Procedure provides for this rule.

Sending a statement of defense

The defendant is entitled to send a statement of defense and related documents to the commercial court examining the case and other parties involved in the case electronically through the State Services portal, or the defendant’s electronic document management system using SMEV. Similar rules are established for sending statement of defenses appellate and cassation courts.

Notification of parties to proceedings

Summons and other court notices in electronic form can be delivered through the State Services portal and the parties’ electronic document management system using SMEV. In this case, the time and delivery are recorded by the relevant information system.

The party to proceedings that has agreed to be notified through the State Services portal will be considered duly notified if there is evidence of delivery of the court notice through this portal.

Receipt of court awards

Court awards and their copies in electronic form can be sent to the parties to proceedings through the State Services portal or the parties’ electronic document management system using SMEV.

Information about individuals and legal entities

The Commercial Procedure Code of the Russian Federation as amended requires plaintiffs to indicate the following information.

For legal entities:

• Name;
• Address;
• Taxpayer Identification Number (INN);

For individuals:

• Full name;
• Address;
• Date and place of birth;
• Place of work, or date and place of state registration as an individual entrepreneur
• One of the following (SNILS, Taxpayer Identification Number (INN), passport series and number, driving license or vehicle certificate), phone numbers, fax numbers, email addresses.

The Supreme Court of the Russian Federation has clarified that now, if the plaintiff does not know at least one of the identifiers of the defendant (an individual), such a statement of claim will not be left without action. In such case, when filing the statement of claim, it is necessary to explain to the court that the plaintiff does not have such information about the defendant and that it is impossible to obtain it legally.

If it is technically possible in court, the parties to proceedings may be given access to the case files online through the information system specified by the Russian Supreme Court or the Russian Supreme Court Judicial Department.

Web conferencing

Parties to proceedings may apply for participating in court hearings via web conferencing. When such application is denied, it is usually because it is not possible technically for a court to use web conferencing or the case is examined in private.

Courts examining administrative cases may themselves invite parties who, for objective reasons, are unable to personally attend court hearings, to participate in hearings via web conferencing if the participation of such parties is required for appropriate consideration and resolution of the administrative case.

The identity of an individual, his/her representative, or the representative of a legal entity participating in a court hearing via web conferencing is established using information technology tools that identify people without their physical presence (single identification and authentication system, unified biometric system).

The court issues an order specifying the time for participating in the court hearing via web conferencing. The order is then sent electronically to the appropriate persons.

The court may postpone the proceedings if it finds that the case cannot be considered in this particular court hearing due to reasonable doubts over the identification of someone that is participating in the court hearing, or about the intent of such a person, as well as in case of technical problems in using web conferencing.

Anyone in breach of the procedure in a court hearing or failing to observe the lawful orders of the presiding judge may, after a warning, be disconnected from web conferencing.

When using the web conference system, a protocol is drawn up and a video recording of the court session is kept. The material carrier of the video recording of the court session shall be attached to the minutes of the court session.

Procedural laws provide for the possibility of participating in court hearings not only via web conferencing, but also via video conferencing.

Witness interrogation via web conferencing

A witness’s identity is established during his/her interrogation via web conferencing using established using information technology tools that identify people without their physical presence (single identification and authentication system, single biometric system).

When witnesses acknowledge that they understand their duties and responsibilities, they must sign such statement with an enhanced qualified electronic signature.

Experts may also give advice and explanations via web conferencing.

The Russian Code of Commercial Procedure as amended provides that when legal entities file a statement of claim as plaintiffs, they must indicate in such statement their taxpayer identification number (INN), while individuals must specify one of the following: individual insurance account number (SNILS), taxpayer identification number (INN), passport series and number, driver’s license, or vehicle registration certificate.

The Russian Code of Civil Procedure amended provides that when legal entities file a statement of claim as plaintiffs, they must indicate in such statement their taxpayer identification number (INN) and Main State Registration Number (OGRN), while individuals must specify their date and place of birth as well as one of the following: individual insurance account number (SNILS), taxpayer identification number (INN), passport series and number, driver’s license, or vehicle registration certificate. If the claim is signed by a representative, then it is also required to indicate the representative’s address for dispatch of court notices as well as one of the abovementioned means of identification for the representative.

The amendments made to procedural laws serve as legal grounds for filing documents in electronic form with courts and remote participation in court hearings. However, for full implementation of electronic justice in practice, the Russian Supreme Court and the Russian Supreme Court Judicial Department should set out requirements for the equipment used for web conferencing, as well as other requirements for conducting proceedings in electronic form. It will indeed be possible to apply the legislative changes related to the digitalization of legal proceedings only if it is technically possible to do so in each particular court.