A package of bills on changes to the procedure for appealing magistrates' court decisions has been adopted at first reading

The State Duma has reviewed in its first reading the draft laws prepared by the Supreme Court of the Russian Federation concerning changes to the procedure for reviewing court decisions by magistrates that have entered into legal force.

In accordance with the current procedure, the review of such acts provides for their verification by courts of cassation of general jurisdiction (continuous cassation) and the Supreme Court of the Russian Federation (selective cassation).

The package of amendments under consideration provides for the transfer of powers for cassation review of magistrate court decisions from cassation courts of general jurisdiction to the supreme courts of the constituent entities of the Russian Federation and courts of equal standing, as well as their presidiums.

That is, court orders that have come into force, decisions and rulings of magistrates and appeal acts of district courts issued as a result of their appeal, as well as rulings on cases of administrative offenses issued by magistrates and decisions of district court judges on complaints and protests against the aforementioned rulings, may be appealed to the Presidium of the Supreme Court of the Republic, courts of cities of federal significance, regions, and provinces, and in courts of equal standing.

In this regard, changes are envisaged in the procedure for filing and reviewing cassation appeals established by procedural law.

This eliminates the factor of territorial remoteness and abolishes continuous cassation for these categories of cases.

Appeals and reviews of legally binding acts of magistrates and appeals of district courts will be carried out according to the rules of selective cassation, i.e., with a preliminary review by a judge of the Supreme Court of the Republic, regional, provincial, or equivalent court of the admissibility of cassation appeals and submissions.

The relevant amendments are planned to be made to the Civil Procedure Code, the Criminal Procedure Code, the Administrative Procedure Code, and the Code of Administrative Offenses of the Russian Federation, as well as to the laws on the judicial system and courts of general jurisdiction.

Another bill, No. 1141728-8, on amendments to the Code of Administrative Offenses of the Russian Federation, is awaiting consideration.

The innovations are planned to come into force on the date of publication.

Cassation appeals and submissions filed with cassation courts of general jurisdiction before that date will be considered under the previous rules.

Links:

• https://sozd.duma.gov.ru/bill/1136694-8
• https://sozd.duma.gov.ru/bill/1136722-8
• https://sozd.duma.gov.ru/bill/1136709-8
• https://sozd.duma.gov.ru/bill/1141728-8

Draft laws № 1136694-8, №  1136722-8, № 1136709-8, № 1141728-8