Review of the judicial practice of the Supreme Court of the Russian Federation No. 2 (2022)
On October 12, 2022, the "Review of Judicial Practice of the Supreme Court of the Russian Federation No. 2 (2022)" was published, approved by the Presidium of the Supreme Court of the Russian Federation on October 12, 2022 (hereinafter referred to as the "Review").
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Expansion of the prosecutor's powers in the arbitration process
From October 18, 2022, amendments to the Commercial Procedural Code of the Russian Federation will come into force, according to which the powers of the prosecutor in the arbitration process will be expanded. [1] Read more
Challenging the decisions of state bodies in the arbitration process
For the purpose of uniform application by the courts of the provisions in Chapter 24 of the Commercial Procedural Code of the Russian Federation, Decree No. 21 of the Plenum of the Supreme Court of the Russian Federation dated June 28, 2022 (PDF) clarifies the rules according to which courts consider cases of contesting decisions, including non-regulatory legal acts, actions (inaction) of state bodies, local governments, officials, state or municipal employees, other bodies and public officials.Read more
Provisions on agreements for out-of-court dispute settlement
Complying with a mandatory pre-trial dispute settlement procedure is a condition for anyone to exercise their right to go to court (Article 135(1(1)) Russian Code of Civil Procedure, Article 129(1(5)) Russian Code of Commercial Procedure). In cases provided by law or agreements, it is mandatory for the parties to an agreement to provide for a pre-trial dispute settlement procedure (Article 4(5) Russian Code of Commercial Procedure and other regulations) или договором.Read more
Indexation of court awards
On July 22, 2021, the Constitutional Court of the Russian Federation rendered ruling No. 40-P upholding a legal position that changes existing law enforcement practice. Business entities will now be able to get losses from inflation compensated if court awards are not enforced for a prolonged period. This ruling sets out a timeframe for indexation of awarded amounts and allows companies to use this mechanism without waiting for the adoption of a federal law.Read more
Electronic documents in legal proceedings and remote participation in court hearings
On January 1, 2022, Federal Law No. 440-FZ introduced amendments to the Russian Code of Commercial Procedure, the Russian Code of Civil Procedure, and the Russian Code of Administrative Procedure, as well as other Russian regulations.
The procedure for use of electronic documents in legal proceedings has changed, and it is now possible to participate in court hearings remotely, using personal means of communication.
Class actions in civil and commercial proceedings
On June 27, 2019, the State Duma passed a federal law that introduced a new legal institution to protect the rights and interests of groups of individuals. Previously, there was no detailed regulation of class actions in civil law, and this gave rise to difficulties in legal actions affecting the interests of groups of people. Class actions are new to civil proceedings but not to commercial proceedings, so amendments have been introduced to the chapter on class actions in the Code of Commercial Procedure.