Overtaken by Federal Law N 137-FZ RUSSIAN FEDERATION FEDERAL LAW On introducing amendments and additions to the Code of Civil Procedure of the RSFSR , adopted by the State Duma 8 October 1995 Article 1. Amend the Code of Civil Procedure of the RSFSR (Bulletin of the Supreme Soviet of the RSFSR, 1964, N 24, sect. 407) the following changes and additions: 1. Article 14 should read as follows: " Article 14. The conduct of the proceedings on the basis of the adversarial and equal rights of the parties Civil proceedings shall be conducted on the basis of the adversarial and equal rights of the parties. Parties shall enjoy equal rights to submit evidence and participate in their study. The Court, while maintaining its impartiality, creates the necessary conditions for a full and complete examination of the circumstances of the case: explains to the persons involved in the case, their rights and obligations, and warns of the consequences of committing or failing to do so. Procedure and, in the cases provided for by this Code, shall assist them in exercising their rights. ". 2. Part Two of Article 34 states: " The Court does not accept the defendant's claim and does not approve the settlement of the settlement agreement by the parties, if these actions are contrary to the law or violate the rights and legally protected interests of others persons. ". 3. Article 49 should be supplemented by a third reading: "Evidence obtained in violation of the law shall have no legal effect and cannot form the basis of a court decision." 4. Articles 50, 56, 60, 64, 65, 69, 70 should read: Article 50. The burden of proof and presentation of the evidence Each party must prove the circumstances to which it refers as a basis for its claims and defences. The Court determines which circumstances are relevant to the case to which they are to be proven, and makes them open for discussion, even if the parties have not invoked any of them. Evidence shall be provided by the parties and other persons involved in the case. The Court may invite them to provide additional evidence. Where the submission of additional evidence to the parties and other persons involved in the case is difficult, the court, upon their request, assists them in the collection of evidence. "; " Article 56. The evaluation of evidence The Court evaluates evidence on the inner conviction. Based on an impartial, comprehensive and complete review of the evidence in their entirety. No evidence is available to the court in advance. "; " Article 60. The explanations of the parties and third parties The explanations of the parties and third parties of the circumstances known to them shall be subject to verification and assessment, together with other evidence gathered in the case. Recognition by a party of facts on which the other party bases its claim or objection relives the latter of the need for further proof of these facts. If the court had doubts as to whether the confession had been made in order to conceal the facts of the case or whether it was deceit, violence, threat or misconception, he did not accept the confession. In this case, the facts are to be proven on a general basis. Recognition of the fact shall be recorded in the record of the trial and signed by the party that has recognized the fact. The court then rules on acceptance or failure to recognize the fact. If the fact is stated in a written statement, it is attached to the case. "; " Article 64. The procedure for claiming and presenting the written evidence The person who requests the court to seek written evidence from the persons involved or who are not involved shall indicate this evidence, Specify the reasons that prevent them from obtaining them and the reasons why it considers that the evidence is in the person or organization. The written evidence required by the court from citizens or organizations is sent directly to the court. The Court may issue a request for the writ of evidence to the person requesting it for submission to the court. Article 65. The obligation to submit to a court of writing evidence In the case of a party holding and presenting no written evidence at the request of the court, the court is entitled to determine that the information contained therein The circumstances of the case are recognized by the parties. Persons unable to present the required written evidence or submit it within the time limit prescribed by the court must inform the court of the reasons. In the event of non-notification, and if the court's request for written evidence is not fulfilled for reasons given by the court to be disrespectful, guilty officials and citizens of the participating or non-participating persons, shall be liable to a fine of up to 50 times the minimum wage established by law and, in the event of failure to comply with the court's retrial and subsequent requirements, to a fine of up to one hundred statutory minimum wage levels. The imposition of a fine shall not release the officials and citizens concerned from the obligation to provide the written evidence required by the court. Written evidence is usually presented in the original. If a copy of the document is provided, the court may, if necessary, request the originals. "; " Article 69. The procedure for claiming and presenting evidence The person who requests the court to claim a thing as evidence from persons participating or not participating in the case should describe this thing and indicate the reasons for its independent receipt and the reasons why it considers that the person or entity is in possession of the property. The material evidence required by the court from citizens or organizations is brought directly to the court. The Court may issue a request for the right to be received for subsequent submission to the court. Article 70. The court's obligation to present the material evidence In the case of a party holding and not presenting material evidence at the request of the court, the court has the right to determine that the information contained therein The circumstances of the case are recognized by the parties. Persons unable to present the required property, or to submit it within the time limit prescribed by the court, are required to inform the court of the reasons. In the case of non-occurrence, and if the court's claim for the presentation of the matter has not been fulfilled for reasons given by the court to be disrespectful, the guilty officials and the citizens participating and not participating shall be subject to a fine of up to 50 statutory minimum wage levels, and in the event of failure to comply with the court's repeated and subsequent requirements, a fine of up to one hundred statutory minimum wage levels. The imposition of a fine does not release the relevant officials and citizens from the obligation to provide the required court. ". 5. Article 74 should be supplemented by a third reading: " In case of refusal by the party to participate in the expert examination (non-attendance for expert examination, failure to report to the experts of the necessary research, etc.) when, under the circumstances without the participation of this party, it is impossible to conduct the examination, the court, depending on which side is evading the expertise, and what it matters to it, has the right to acknowledge the fact that the expertise was appointed, Installed or disproved. ". 6. Articles 91 and 92 should read as follows: " Article 91. The payment of the aid costs of the representative to the party in favour of which the decision was made, the court issues, on the other hand, the costs of the representative's assistance within reasonable limits and on the basis of specific circumstances. If, in accordance with the established procedure, the assistance of counsel for legal advice was provided to the party in favour of which the award was made, the amount shall be charged against the other party in favour of the legal counsel. Consultations. Article 92. Recovery of remuneration for loss of time On the side, in bad faith of the claim or the dispute against the claim, or systematically opposed to the correct and prompt review and resolution of the case, the court may lay down Payment in favour of the other party for actual loss of time. The amount of remuneration is determined by the court within reasonable limits and on the basis of the specific circumstances. ". 7. In article 111, delete part two. 8. Article 114 and paragraph 1 of article 115, after the word "right", should be supplemented with the words "with the consent of the parties". 9. Article 116 should read as follows: " Article 116. The civil affairs of the Supreme Court of the Russian Federation the Supreme Court of the Russian Federation , the Supreme Court of the Russian Federation, is examining the case at first instance: to challenge the non-legislative acts of the President of the Russian Federation, OF THE PRESIDENT OF THE RUSSIAN FEDERATION powers of judges; on suspension and termination " Activities of the All-Russian and International Public Associations; on challenges to the decisions and actions (inaction) of the Central Election Commission of the Russian Federation on the preparation and holding of the referendum of the Russian Federation, OF THE PRESIDENT OF THE RUSSIAN FEDERATION Federation under article 85 the Constitution of the Russian Federation, between the State authorities of the Russian Federation and the State authorities of the constituent entities of the Russian Federation, and between OF THE PRESIDENT OF THE RUSSIAN FEDERATION In paragraph 4 of article 119, replace "17" with "117". 11. Supplement the Code with Chapter 11-1 as follows: Chapter 11-1 Judicial Order Article 125-1. Recovery of debt on the basis of court order The order is a ruling by a judge on the creditor's application to recover the sums of money or to claim the movable property from the debtor. A court order is issued in the form prescribed by article 125 to 9 of this Code. The Judicial Order has the power of an executive document. It shall be made at the expiration of ten days after the issuance of the order and in accordance with the procedure established for the execution of judicial decisions. Article 125-2. Requirements for a judicial order Judicial order issued by a judge alone: 1) if the claim is based on a notarized transaction; 2) if the claim is based on a written transaction; 3) if the claim is based on a promissory note in a non-payment, non-acceptance and undated acceptance by a notary; 4) if the claim for maintenance of minor children is claimed, paternity-related claim; 5) if claim is stated Collection from citizens under tax and State compulsory insurance; (6) if a claim is made for the collection of unpaid wages. Article 125-3. Application Application for a court order is submitted to the court according to the general rules of jurisdiction. The statement and attached documents are presented together with copies on the number of debtors. Article 125-4. The form and content of the application The application shall be filed in writing. The statement must include: 1) the name of the court to which the application is filed; 2) the name of the applicant, his place of residence or location; 3) the name of the debtor, its place residence or location; 4) claimant's request; 5) list of attached documents. In the case of claims for movable property, the statement must state the amount of money that the claimant agrees to accept in return. The application is signed by the applicant. A document certifying the credentials of a representative must be attached to the statement submitted by the representative. Article 125-5. State duty The application for a court order shall be paid by the State duty of 50 per cent of the rate calculated on the basis of the impugned amount when the court claims the proceedings. In case of refusal to accept a declaration or to issue a court order, the payment of the state fee paid by the payment of the claim against the debtor in the order of the claim is credited to the account to be paid. Article 125-6. Grounds for denial of application The judge refuses to apply for a court order in the case of: 1) if the claimed claim is not provided for in Article 125-2 of this Code; 2) if not The claim is for the alleged loss of property. The judge rules out acceptance of the application. A private complaint can be filed against a refusal to accept a statement. Refusal to accept a declaration does not prevent the applicant from bringing a claim for the same claim in the manner of claim. Article 125-7. Notification of the debtor to the application If a request for a court order is issued, the judge shall notify the debtor within three days and shall submit to it a period of up to 20 days to respond to the claim. If the debtor is not received in the prescribed period of time, and also upon his or her consent, the judge shall issue a court order. Article 125-8. The procedure for extradition and the grounds for refusing extradition of the Judicial Order Judge issues a judicial order without trial, summoning the debtor and summoning the judge and hearing their explanations. The judge refuses to issue a court order: (1) if the debtor does not agree with the claim; (2) if there is a dispute over a right that cannot be resolved on the basis of the documents submitted. The judge rules out the issuance of a court order. A private complaint may be filed against a refusal to issue a court order. Refusal to issue a court order does not prevent the applicant from bringing a claim for the same claim. Article 125-9. The order of the court order : The court order specifies: 1) the time of issuing the order; 2) the name of the court, the surname and initials of the judge issuing the order; 3) the name and address of the prospector; 4) the name and address of the debtor; 5) the amount of the monetary amounts to be recovered or items to be claimed, including the value of these items; 6) liquidated damages, if any; 7) State duty paid by the prospector and payable from of the debtor in favor of the sighthor. The court order for the recovery of maintenance for minor children, in addition to paragraphs 1 to 4 of this article, shall include the date and place of the birth of the debtor, his place of work, the name and date of the birth of the child to which he or she is entitled. Maintenance, the amount of payments to be paid each month from the debtor and the period of their recovery, as well as the amount of the State duty to be recovered from the debtor in the State revenue. The judicial order shall be made in two copies signed by the judge, one of which remains in the case, the other shall be authenticated by the press of the court, and shall be issued. Article 125-10. The abolition of a court order The debtor has the right to twenty days from the date of the issuance of the writ of the court order to the same court, if he was not able to file his objections in a timely way the claimant's claim. In this case, the judge shall overrule the order, after which the applicant's claim may be considered in the order of the proceedings. A private complaint can be filed against a refusal to revoke a court order. ". 12. Chapter 14, amend to read: " Chapter 14 Preparing civil cases for trial Article 141. The task of preparing the case for trial trial After the application is made, the judge prepares the case for trial in order to ensure timely and correct resolution of the case. The task of preparing a case for trial is mandatory in each case: 1) clarifying the circumstances that are relevant to the correct case; 2) determining the legal relationship between the parties and The law to be followed; (3) the resolution of the question of the composition of the persons involved; 4) the determination of the evidence to be submitted by each party in support of its claims. Article 142. The judge's actions to prepare the case for the trial procedure In preparation of the trial, the judge shall conduct the following actions: 1) polls the claimant on the substance of its claimed requirements, he disposes of the defences of the respondent, suggests that if necessary, provide additional evidence, explain to the plaintiff his procedural rights and obligations; (2) invokes the defendant, where necessary, [ [ Interview]] [ [ Interview]] [ [ Interview]] [ [ Interview]] against the claim and the evidence that these objections can be confirmed, in particularly difficult cases invites the respondent to provide written explanations in the case, explains to the defendant his procedural rights and obligations; 3) permits The question of the admission of co-plaintiffs, co-defendants and third parties, as well as the issue of the replacement of the wrong party; (4) explains to the parties their right to seek the settlement of the dispute before the arbitral tribunal and the consequences of such action; 5) notifies the time and place of the proceedings of the interested parties The outcome of nationals or organizations not involved in the process; 6) permits the issue of the summoning of witnesses; 7) assigns expertise, experts to conduct it; 8) at the request of the parties requests written and material evidence from citizens or organizations; (9), in cases in which the delay does not take place, makes the examination on the place of the written and material evidence in the case of persons involved in the case; 10) directs letters rogatory; 11) resolves the question of The application of the claim; 12) takes the necessary procedural steps. The Judge shall transmit or present to the respondent a copy of the statement of claim and the documents attached thereto substantiating the claims of the claimant, and suggests that the proof of substantiation of his or her objections be submitted in the prescribed period of time. The respondent's failure to provide written explanations and evidence in the event of his failure to appear in court does not preclude the hearing of the evidence in the case. The judge rules on the preparation of the case for trial and indicates the actions to be taken. The Judge, having declared the case prepared, rules on the appointment of the judge to the trial, informs the parties and other participants in the proceedings of the time and place of the proceedings. Article 143. Discontinuation of the case and abandonment of the statement without consideration in the preparation of the case The Code, in the case of his or her preparation for trial, may be terminated or the application may be left without consideration. Procedural steps relating to the determination of the termination of proceedings in connection with the waiver or approval of a settlement agreement are reflected in the protocol, and the application for waiver or settlement of the settlement is attached to the case. The consequences of such proceedings are explained to the parties. ". 13. Articles 149 and 157 read as follows: " Article 149. Measures applicable to violators of order in court session The presiding officer of the court hearing on behalf of the court makes a warning. When the order is repeated, the participants in the trial may be removed from the courtroom by definition of the court, and the citizens present at the case may be removed by order of the presiding officer. In addition, a fine of up to ten statutory minimum wage levels may be imposed on those responsible for breaches of order in court proceedings. If there are signs of a crime in the actions of the perpetrator, the judge initiates criminal proceedings and sends the material to the appropriate prosecutor. The court may, in the case of a mass violation of the order of the citizens present in the proceedings, remove from the courtroom all citizens who are not involved in the case to adjourn the proceedings. "; " Article 157. Consequences of failure to appear in the court hearing of the persons participating in the case and representatives If there is a failure to appear before a court hearing any of the persons involved in a case for whom there is no information on their notice, The trial is adjourned. If the persons involved in the case are informed of the time and place of the trial, the court shall adjourn the proceedings if the failure to appear is valid. Parties are required to notify the court of the reasons for the failure to appear and to provide evidence of respect for these reasons. The court is entitled to examine the case in the absence of the defendant if there is no information on the reasons for the failure to appear, or if the court admits the reasons for the failure to appear disrespectful, or if the defendant intentionally delays the proceedings. The parties are entitled to request the court to consider the case in their absence and send them a copy of the court's decision. The court may declare the parties ' participation in the court proceedings mandatory, if that is necessary in the circumstances of the case. The failure of the representative of the person involved in a case notified of the time and place of the trial is not an obstacle to the hearing of the case. ". 14. Articles 158 and 159 should be deleted. 15. In article 165: add a new fifth content to the article as follows: "When the defendant is recognized by the lawsuit and the court takes it, a decision is made to satisfy the claims."; Part 5 is considered to be part of the claim The sixth and the following wording: "If the court does not accept the claim by the defendant or the failure to accept the settlement agreement, the court shall rule on the matter and proceed with the merits of the case.". ". 16. Article 195 should read as follows: " Article 195. The court's right to go beyond the scope of the claim Requirements allows the case to be filed within the claims filed by the plaintiff. However, the court may go beyond the claims made by the applicant if it is deemed necessary to protect the rights and interests protected by the law and in other cases provided for by law. ". 17. In article 197: Part Four, add the following sentence: "In the case of a claim by the defendant, the defendant may be sued only for recognition and acceptance by the court." The following wording: "The decision of the court in the case of the dissolution of marriage may consist of an introductory and operative part.". 18. Supplement the Code with Chapter 16-1 as follows: " Chapter 16-1 Facing solution Article 213-1. Consequences of the non-appearance of the defendant in a court meeting In the event of a failure to appear in the defendant's court hearing, it may be necessary to make a judgement in absentia if the plaintiff v. That's not a problem. The court decides on the case in this order. The case must be informed of the defendant's proper notification. If multiple respondents are involved, the non-appearance of one or some of them in the case of non-parties may be subject to a judgement in absentia. Article 213-1. Rights of the claimant If the plaintiff, in absentia, does not agree to a trial in absentia in the absence of the defendant, the court defers the case and forwards the non-responding defendant again Notice of the time and place of the new trial. Article 213-3. Distance-production arrangements In absentia proceedings, the court limits itself to examining the evidence submitted by the parties, taking into account their arguments and motions and making a decision, which is referred to as the correspondence. In case of trial in absentia, the cause or the object of the claim or the size of the claim may not be changed. Article 213-4. The content of the distance-learning solution The content of the sentence in absentia is governed by the rules of Article 197 of this Code. The time limit and procedure for submitting a review of the decision should be specified in the operative part of the decision in absentia. Article 213-5. By sending a copy of a decision to a party that has not appeared before the court, a copy of the judgement in absentia shall be sent not later than three days from the date of its issuance. Article 213-6. An appeal against a decision in absentia was entitled to apply to the court which delivered a decision in absentia to review the decision within 15 days after it was handed down. A judgement may also be appealed in accordance with the procedure provided for in article 282, first part, of this Code. Article 213-7. The content of the application for revision of the absentrer solution The application for revision of the trial in absentia should contain: 1) the name of the court that handed down the judgement in absentia; 2) the name of the party applying Statement; (3) a list of circumstances showing respect for the reasons for the failure to appear in court and evidence of these circumstances, as well as evidence that may influence the content of the absentee solutions; 4) a request from the applicant; 5) A list of the materials annexed to the declaration. The application for revision of the correspondence course shall be signed by the party or its representative. The application shall be submitted to the court with copies on the number of persons involved. The claim is not subject to payment by the State. Article 213-8. After the application of the Court, the Court shall notify the persons involved in the case of the time and place of the consideration of the application and shall forward to them copies of the application for review of the judgement in absentia and of the materials annexed to the declaration. Article 213-9. Consideration of the application Claim for revision of the judgement in absentia shall be considered by the court in court within 10 days of receipt of the application for review. Non-appearance of persons notified of the time and place of the trial is not an obstacle to the consideration of the application. The Court, having examined the application, makes a determination. A private complaint may be lodged with the definition of the court to which the application is dismissed. Article 213-10. The Court's powers The Court, having considered the application for review of the judgement in absentia, has the right, by its definition: (1) to leave the application without satisfaction; 2) to cancel the judgement in absentia, and to reopen the case on The merits of the case are: Article 213-11. Grounds for the reversal of the judgement in absentia The judgement is to be revoked with the reopening of the case on the merits, if the court determines that the failure of the party to appear before the court hearing of the cancellation of the judgement in absentia for good reasons, which she was unable to report to the court in a timely way, and that the party would present evidence that might affect the content of the decision in absentia. Article 213-12. Resume consideration of the case In case of cancellation of the judgement in absentia by the court that made the decision, the examination of the case on the merits shall be resumed and shall be conducted according to the rules set out in this Code. The judgement in the case shall not be taken in absentia or in the event of a non-appearance of the defendant, notified according to the rules set out in articles 106 to 112 of this Code. The defendant is not entitled to resubmit the application for reconsideration of the decision as in absentia. Article 213-13. The lawful power of a correspondence solution A judgement is effective in accordance with the rules laid down in Article 208 of this Code. ". 19. In article 219, paragraph 4, delete "and rejected by the court". 20. Article 221, paragraph 6, should read: "(6) if the plaintiff, who did not ask for the case in his absence, did not appear in the secondary court, and the defendant does not require a hearing on the merits.". 21. Article 222 should be supplemented by the following part of the third content: " The court shall, at the request of the applicant or the respondent, cancel its determination to leave the application without consideration on the grounds referred to in article 221, paragraphs 5 and 6, of this Code, If the parties present evidence that the reasons for their absence are respected in the court session. A private complaint may be filed with the court's determination to refuse such a request. ". 22. In article 286: supplement the article with a new part of the second reading: " The reference to new evidence which has not been submitted to the court of first instance is permitted only in the case of a new evidence which has not been submitted to the court of first instance the reasoning behind them in the complaint that they could not be submitted to the court of first instance. "; part two and third, third and fourth parts respectively. 23. Article 294 should read as follows: " Article 294. The court of cassation proceedings before the Court of Cassation's Court of Cassation examines the lawfulness and validity of the decision of the court of first instance within the scope of the cassation appeal. He can examine new evidence and establish new facts. Once again, the evidence is examined by the court if it is admitted that they could not be represented in the court of first instance. The court of cassation in the interests of legality may verify the decision of the court of first instance in full. ". In article 304, paragraph 2, the words "and 196" were replaced by the words "196 and 203". 25. Article 305, paragraph 4, amend to read: " (4) to modify a decision or to make a new decision without referring a case to a new consideration if circumstances relevant to the case are established on the basis of existing, as well as Further submissions, which are presented to the parties. ". 26. Paragraph 1 of article 306 should read: "(1) Incorrect definition of legally relevant circumstances;". 27. Article 314 should be amended to read: " Article 314. Obligation of the Court of Cassation's Directions of the Court of Cassation , in the case of annulment of the decision of the court of first instance and the referral of a case to a new review, are binding on the court hearing the case again. The Court of Cassation is not entitled to prejudge the veracity or unreliability of any evidence, the advantage of one evidence to the other, and the decision to be made in the new case. ".................. Article 327 should read: " Article 327. In the case of the supervisory review proceedings, the court verifies the validity of the application and interpretation of the substantive and procedural law by the courts of first instance and the cassation instance on the case file in the case. the limits of the arguments of protest. In the interests of legality, the court may go beyond the protest. " 29. Article 329, paragraph 5, should read: " (5) to cancel or modify the decision of the court of first instance, cassation or supervisory authority, and to make a new decision, without referring the case to a new examination if there is a mistake in the application and interpretation of substantive law. ". 30. Article 330 shall be amended to read: " Article 330. The grounds for the cancellation of court orders in the supervisory order Grounds for the reversal of the decision, the ruling, the court order under the supervisory order are: 1) misapplication or interpretation of the rules material law; 2) a fundamental breach of procedural law resulting in unlawful decision, determination, court order. Decision, determination, ruling of the court shall be set aside, regardless of the grounds of protest in the cases provided for in article 308 of this Code. A court order for formal reasons may not be overturned. ". 31. Part One and II of article 331, amend to read: " The instructions of the court dealing with the supervisory review procedure set out in the determination of the referral of a case to a new review shall be binding on the court which considers the matter again The case. The supervisory review court is not entitled to prejudge the credibility or the unreliability of any evidence, the advantage of one evidence to the other, and the decision to be made in the new case. ". 32. In article 338, paragraph 1, the words "the order of the people's courts for the recovery of maintenance" should be replaced by the words "court orders". 33. Article 339: supplement paragraph 1-1 with the following content: "1-1) judicial orders;". Article 2. President of the Russian Federation B. Yeltsin Moscow, Kremlin 30 November 1995 N 189-FZ