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Expired-the Federal law dated 14.11.2002 N 137-FZ dated December 30, 2008 the RUSSIAN FEDERATION FEDERAL ACT amending and supplementing the code of civil procedure of the RSFSR adopted by the State Duma on October 27, 1995 year Article 1. To amend the code of civil procedure of the RSFSR (Gazette of the Supreme Soviet of the RSFSR, 1964, N 24, art. 407) the following amendments and supplements: 1. Article 14 shall be amended as follows: ' article 14. Implementation of proceedings on the basis of contestation and equality of parties to civil court proceedings are conducted on the basis of contestation and equality of the parties.
The Parties shall enjoy equal rights in the presentation of evidence and to participate in their study.
The Court, while preserving the impartiality, creates the necessary conditions for a comprehensive and complete examination of the circumstances of the case: clarifies the persons participating in the case, their rights and obligations, and warns of the consequences of committing or abstaining from proceedings and in cases stipulated by the given code, assists them in the implementation of their rights. "
2. The second part of article 34 shall be amended as follows: "the Court does not accept the recognition of the claim and the defendant does not approve the settlement agreement of the parties, if these actions are contrary to the law of or infringe the rights and legitimate interests of other persons.".
3. Article 49 supplement part 3 as follows: "evidence obtained in violation of the law shall have no legal force and cannot be used as the basis of a court decision."
4. articles 50, 56, 60, 64, 65, 69, 70 shall be amended as follows: "article 50. The burden of proof and evidence, each party must prove those circumstances to which it refers as the grounds for their claims and objections.
The Court shall determine what circumstances are relevant to the case, which of the parties they must prove, put them up for discussion, even if the parties on any of them is not invoked.
Evidence presented by the parties and other persons involved in the case. The Court may invite them to submit additional evidence. In the case where the submission of additional evidence to the parties and other persons involved in the case, the Court on their request assist in collecting evidence. ";" Article 56. Evaluation of evidence, the court assesses the evidence on moral certainty. based on impartial, full and complete consideration of the available evidence in their entirety.
No evidence has predetermined for the Court force. ";" Article 60. The explanations of the parties and of third parties the explanations of the parties and third persons known to them the circumstances relevant to the case are subject to verification and evaluation along with other evidence gathered in the case evidence.
Recognition of the facts on which the party other party bases its claims or objections, releases the latest from the need for further proof of these facts. If the Court doubted that there was any confession done to hide the actual facts of the case or under the influence of fraud, violence, threats or delusions, he does not accept the confession. In this case the facts are to be proved on a common basis.
Recognition shall be entered in the minutes of the court session and signed by the party to recognize the fact. The Court shall determine the recognition of acceptance or rejection. If recognition is set out in a written statement, it is attached to the case. ";" Article 64. Order claim and submission of written evidence, the applicant before the Court about the discovery of written evidence from the persons involved or not involved in the case should indicate this evidence, identify the obstacles to their obtaining independently, and the grounds on which it considers that the proof is the person or organization.
Written evidence, the Court required from citizens or organizations are sent directly to the Court.
The Court may grant a person the applicant about the discovery of written evidence, the right to obtain it for subsequent submission to the Court.
Article 65. The obligation of submission of written evidence to the Court in the case of restraint and not representing the Court's on-demand written proof, the Court may determine that the information contained therein about the circumstances relevant to the case, the party acknowledged.
Persons who are unable to provide the required written evidence or submit it to the period of time set by the Tribunal, are required to notify the Court with reasons.
In the case of neizveshhenija, as well as if the requirement of the Court for the submission of written evidence not met for reasons recognized by a court to be unreasonable, the responsible officials and citizens involved or not involved in the case are subject to a fine of up to fifty times the minimum statutory wage, and in case of repeated and subsequent claims court-a fine of up to one hundred times the minimum statutory wage.
A fine does not relieve the relevant officials and citizens from the obligation of submitting written evidence sought by the Court.
Written evidence is usually presented in the original. If provided with a copy of the document, if necessary, the Court may require the submission of originals. ";" Article 69. The order of discovery and presentation of evidence the applicant before the Court on discovery of any things as evidence from those involved or not involved in the case, should describe this thing and identify the obstacles to independent of its receipt, and the grounds on which it considers that a thing is the person or organization.
Evidence required by the Court from citizens or organizations, are delivered directly to the Court.
The Court may grant a person the applicant about the discovery of evidence, the right to obtain it for subsequent submission to the Court.
Article 70. The obligation of submission of evidence in the case of restraint and not representing the Court's on-demand material evidence, the Court may determine that the information contained therein about the circumstances relevant to the case, the party acknowledged.
Persons who are unable to provide the desired thing or submit it to the period of time set by the Tribunal, are required to notify the Court with reasons.
In the case of neizveshhenija, as well as the Court's requirement for submission of things not done for reasons recognized by a court to be unreasonable, the responsible officials and citizens involved and not involved in the case are subject to a fine of up to fifty times the minimum statutory wage, and in case of repeated and subsequent claims court-a fine of up to one hundred times the minimum statutory wage.
A fine does not relieve the relevant officials and citizens from the obligation to provide the required court things. ".
5. Article 74 supplement part 3 as follows: "in case of deviation parties from participating in the examination (examination of absenteeism, failure to provide necessary experts research subjects and the like), when the circumstances of the case without the participation of that party, the examination is not possible, the Court, depending on which party evades examination, as well as some for her she has value, right to acknowledge, to determine which examination was appointed established or disproved. "
6. articles 91 and 92 worded as follows: "article 91. Reimbursement for payment of assistance of the representative of the party in whose favour the award, on the other hand the court awards costs assistance representative within reasonable limits and taking into account the specific circumstances.
If, in accordance with established practice, counsel for legal advice was provided by the party in whose favour the award is free of charge, the amount collected on the other hand in favor of legal advice.
Article 92. Collecting pay for loss of time, bad faith declared groundless claim or dispute against the claim or systematically protivodejstvovavshuju the correct and rapid consideration and resolution of cases, the Court may entrust the payment in favor of the other side pay for actual loss of time. The amount of remuneration is determined by the Court in a reasonable manner and under the circumstances. ".
7. Article 111 deleted the second part.
8. Article 114 and the first part of article 115, after the word "may" add the words "with the consent of the parties".
9. Article 116 shall be reworded as follows: "article 116. In civil cases, the jurisdiction of the Supreme Court of the Russian Federation, the Supreme Court of the Russian Federation considers the cases: the challenge of the non-legislative acts of the President of the Russian Federation, the Federal Assembly of the Russian Federation, the Government of the Russian Federation;
about contestation of normative acts of the federal departments and agencies, concerning the rights and freedoms of citizens;
on challenging orders to terminate the powers of judges;
on the suspension and termination of activity of all-Russian and international public associations;
the challenge of the decisions and actions (inactivity) of the Central Electoral Commission of the Russian Federation on preparation and holding of the referendum of the Russian Federation, the elections of the President of the Russian Federation and the deputies of the Federal Assembly (with the exception of decisions on complaints against decisions and actions of the district election commissions);
the dispute referred to it by the President of the Russian Federation, in accordance with article 85 of the Constitution of the Russian Federation, between the State bodies of the Russian Federation and State Government bodies of constituent entities of the Russian Federation, as well as between the bodies of State power of the constituent entities of the Russian Federation. "
10. In the fourth part of article 119 figures "17" replace numerals "117".
11. The code shall be supplemented with Chapter 11-1 with the following content: "chapter 11-1 court order Article 125-1. Debt collection by court order
A writ is a judge's ruling, issued on application by the creditor to recover the sums or the discovery of movable property of the debtor. The court order shall be made on a form prescribed by article 125-9 of this code.
The court order has the force of Executive documents. Collecting on it is due on the expiration of the issuance of the order and in accordance with the procedure established for the execution of judicial decisions.
Article 125-2. Requirements for which the writ is issued a judicial order issued by a judge sitting alone: 1) if the request is based on a notarized the transaction;
2) if the request is based on a written deal;
3) if the claim is based upon a protest Bill of Exchange in insolvencies, neakcepte and nedatirovanii acceptance by the notary;
4) if stated requirement for the recovery of maintenance for minor children is not associated with the establishment of paternity;
5) if the requirement to recover tax arrears of citizens and state compulsory insurance;
6) if the requirement to recover the accrued but not paid to employee wages.
Article 125-3. The filing of an application for a writ is filed with the Court by the General rules of jurisdiction.
Application and supporting documents shall be submitted together with copies of on the number of debtors.
Article 125-4. The form and content of the statement Statement is filed in writing.
The application must contain: 1) the name of the Court in which the application;
2) name of the applicant, his domicile or location;
3) name of the debtor, his place of residence or location;
4) requirement of the applicant;
5) list of attached documents.
In case of discovery of movable property, in a statement, you must specify the amount of money that the applicant agrees to take property instead.
The application shall be signed by the applicant. The statement submitted by the representative, shall be accompanied by a document certifying the authority of the representative.
Article 125-5. State fee an application for a court order to be paid State fee in the amount of 50 per cent rate, calculated on the basis of disputed amounts if you contact the Court in the order lawsuit.
In case of refusal of the application or issuance of court order debt-collector paid State fee upon presentation of a claim against the debtor debt-collector in the order shall be set off against the production of claim payable duties.
Article 125-6. Grounds for denial of the application Judge refuses the application for extradition is a judicial order in cases of: 1) if declared not required by article 125-2 of this code;
2) if not present documents confirming the stated requirement;
3) if stated requirement is not paid State fee.
About refusal in acceptance of the statement, the judge shall determine.
The definition about refusal in acceptance statement may be filed a private complaint.
Refusal of the Declaration does not preclude the possibility of the presentation by the applicant of the claim in respect of the same claim in order lawsuit.
Article 125-7. Notification of the debtor about the receipt of statements in the case of a request for the extradition of a court order, the judge shall notify the debtor within three days and submit up to 20 days to respond to the stated requirement.
In case of the absence of a reply within the prescribed time-limit the debtor, as well as in its agreement with the stated requirement the judge issues a court order.
Article 125-8. The extradition procedure and grounds for denial of extradition order, the judge issues a court order without trial, invoke the debtor and plaintiff and hear their explanation.
Judge refuses to issue a court order: 1) if the debtor does not agree with the stated requirement.
2) if the facts of the existence of a dispute on the law of the sea, which cannot be resolved on the basis of the documents submitted.
Refusing an injunction, the judge makes the determination.
The definition about refusal order may be filed a private complaint.
The refusal to grant a court order does not preclude the possibility of presentation of the claim by the claimant in respect of the same claim in order lawsuit.
Article 125-9. The contents of the court order in the court order specifies: 1) time for the issuance of the order;
2) name of the Court, the surname and the initials of the judge issuing the order;
3) name and address of the plaintiff;
4) name and address of the debtor;
5) the amount of the sums exigible, or items subject to discovery, with an indication of the value of these items;
6) cancellation fee, if due;
7) the amount of the State fee paid and debt-collector to be collected from the debtor in favour of the plaintiff.
In the court order alimony to minor children, in addition to items 1-4 of the present article shall indicate: the date and place of birth of the debtor, his place of work, name and date of birth of the child, the content of which is awarded alimony, the amount of the fees and charges exacted monthly with debtor and term of their recovery, as well as the amount of the State fee to be collected from the debtor in the State.
The court order is made in two copies, signed by the judge, one of which remains in the case, another court seal verifies and issued to the recoverer.
Article 125-10. Cancel the order, the debtor shall have 20 days from the date of issue of the order apply for its cancellation in the same court, if it is for a good reason was not able promptly to state their objections against the claim of the applicant. In this case the judge revokes an order, after which the requirement of the applicant may be considered in the order of the lawsuit.
The definition about refusal to lift a court order may be made private complaint. ".
12. Chapter 14 should read: "chapter 14 Preparing civil cases for trial Article 141. Task of preparing the case for trial after the adoption of the statement, the judge makes case for trial preparation in order to ensure timely and correct his permissions.
Tasks of the preparation of the case for trial, mandatory in every case, are: 1) the clarification of the circumstances of importance for the proper determination of the case;
2) definition of the legal relations of the parties and the law should govern;
3) resolution of the question of the composition of the persons involved in the case;
4) evidence that each party should submit in support of its allegations.
Article 142. The judge in preparing cases for trial in preparation case for trial judge performs the following steps: 1) polls the plaintiff on the merits of the asserted claims, finds out he has a possible objections by the defendant proposes, if necessary, to submit additional evidence, explained to the plaintiff his procedural rights and obligations;
2) where necessary, the respondent invokes the polls it by the circumstances of the case, determines what are the objections to the claim and what evidence these objections can be confirmed, for particularly complex cases offers the respondent to submit written explanations on the case, explained to the defendant, his procedural rights and obligations;
3) allows the issue of intervention co-litigant, co-defendants and third parties, as well as decide on replacing the inappropriate side;
4) explain to the parties their right to seek resolution of dispute in the Arbitration Court and the consequences of such action;
5) informs about the time and place of hearing of interested in its outcome of citizens or organisations engaged in the process;
6) allows the question of calling witnesses in the hearing;
7) appoints the examination, experts for its implementation;
8) at the request of the parties seeks from citizens or organizations written and physical evidence;
9) in the cases not Brooking produces informing persons involved in the case, the examination on the spot written and exhibits;
10) sends letters rogatory;
11) resolves the issue of the claim;
12) performs other necessary legal proceedings.
Judge sends either a copy of the respondent presents the petition and documents annexed to it in support of the plaintiff's claim, and offers to provide, within a time limit of evidence in support of its objection. Failure to submit written explanations and evidence by the respondent in the event of his failure to appear at the hearing does not preclude consideration of the available evidence.
The judge shall determine the preparation of cases for trial and specifies the actions that have to be made.
The judge, acknowledging case prepared, shall determine his future appointment to a trial in court, shall notify the parties and other participants in the proceedings about the time and place of the hearing.
Article 143. Termination of proceedings and the abandonment of statements without consideration in preparing the case for trial under the circumstances provided for in article 219, paragraphs 1-4 of article 221 of the present Code, the proceedings on the case in its preparation for trial may be terminated either statement could be left without any consideration.
Proceedings relating to the imposition of the determination to terminate the proceedings in respect of the refusal of the claim or the approval of the settlement agreement, reflected in the Protocol, and the statement about the denial of the claim or the settlement agreement is attached to the case. The Parties explained the consequences of such action. ".
13. Article 149 and 157 shall be amended as follows: "article 149. Measures against violators of the order in a court session the person violates the order during a hearing, the presiding officer on behalf of the Court makes a warning.
In repeated violation of the order of the participants in the proceedings may be removed from the courtroom of the Court and the citizens present at the hearing, the presiding Member. In addition, persons who violate order in a court session, the Court may be fined up to 10 times the minimum statutory wage.
If the violator in court, there are signs of a crime, the judge initiates a criminal case and directs the relevant materials to the Prosecutor.
When bulk violating citizens present at the hearing, the Court may remove from the courtroom, all citizens not involved in the case, deferred hearing. ";" Article 157. Consequences of failure to appear at the trial of persons involved in the case, and in case of non-appearance in court any of the persons involved in a case for which there is no information on their notice, the hearing was postponed.
If the persons involved in the case, duly informed of the time and place of the court session, the court defers hearing in case of recognition of legitimate reasons for their absence.
Parties are obliged to inform the Court about the reasons for the failure to appear and present evidence are those reasons. The Court is entitled to consider the case in the absence of the defendant, if the reasons for non-appearance were not available, or if the Court recognizes the reasons for failure to appear to be unreasonable, or if the defendant intentionally delaying the proceedings.
The parties have the right to request the Court to review a case in their absence and the copy of the decision of the Court. The Court may accept the compulsory participation of parties in court, if necessary, on the circumstances of the case.
The absence of the representative of the person involved in the case, has the time and place of a trial is not an obstacle to the consideration of the case. "
14. articles 158 and 159 deleted.
15. Article 165: supplement article new paragraph 5 reading as follows: "Recognizing the respondent of the claim and the Court's decision to grant the claimed requirements.";
part of fifth regarded as part of the sixth and present it as follows: "in case of no acceptance of the claim by the defendant or recognition by the Court to approve the settlement agreement, the Court shall rule on this definition and continues to review the case on its merits."
16. Article 195 shall be amended as follows: "article 195. The right of the Court to go beyond the claims Court resolves the case within the claimed the plaintiff claims. However, the Court may go beyond the stated requirements, if the claimant considers it necessary to protect the rights and legitimate interests of the plaintiff, as well as in other cases provided by law. "
17. Article 197: part fourth supplement with the following sentence: "in the case of recognition of a claim by the defendant in the preamble can be specified only on the recognition and acceptance of the claim by the Court.";
the sixth part shall be reworded as follows: "the Court's decision in the case of divorce may consist of introductory and conclusive parts.".
18. The code shall be supplemented with the head of the 16-1 with the following content: "chapter 16-1 default judgment Article 213-1. Consequences of non-appearance of the defendant in the trial in case of failure to appear in court, the defendant has been properly about the time and place of the court hearing, default judgment may be issued if the plaintiff objected. The case in this order, the Court shall issue a ruling. In fact, should be information about proper notice to the respondent.
If the case involved multiple defendants, when failure in the trial of one or some of them in relation to the issuance of a default judgment allowed absentees.
Article 213-1. Right hand if induced by the dynamics in the hearing the claimant does not agree to a hearing in the manner the absentee production in the absence of the defendant, the Court shall adjourn the hearing and sends nejavivshemusja to the respondent repeated notice of the time and place of a new trial.
Article 213-3. Absentee order production in the order of the Court is limited to the production of correspondence study the evidence submitted by the parties, shall take into account their arguments and motions and makes a decision, which is called the correspondence.
In the case in the manner the absentee production cannot be changed basis or subject of the action or increased the size of the claims.
Article 213-4. Table of contents table of contents default judgment default judgement is determined by the rules of article 197 of the criminal code. In the operative part default judgement shall be the terms and procedure for submission of an application for review of that decision.
Article 213-5. Expulsion of a local copy of the solution side, not appearing in court, a copy of the default judgment shall be sent not later than three days from the date of its issuance.
Article 213-6. Appeal a default judgment, a party not present at the court hearing, the right to sue, which rendered the default judgment, an application for review of the decision within 15 days after its adoption.
Default judgment may also be appealed in the manner prescribed by part one of article 282 of the criminal code.
Article 213-7. The content of the application for revision of the application for review of the decision in absentia default judgment should contain: 1) the name of the Court, took default judgment;
2) name of the party filing the application;
3) list circumstances indicate are the reasons for non-appearance in a court hearing, and the evidence supporting these facts, as well as evidence that may affect the contents of the adopted decisions by correspondence;
4) the party filing the request statement;
5) list annexed to the statement of the materials.
Application for review of a default judgment shall be signed by the party or its representative.
The statement is submitted to the Court with copies of the number of persons involved in the case. The statement is not subject to payment of the State duty.
Article 213-8. The Court's action after the adoption of the Declaration, the Court shall notify the persons involved in a case about the time and place of the examination of the application and shall send them copies of the application for revision of the default judgment and its annexed statement materials.
Article 213-9. Consideration of the application, application for review of a default judgment before the court hearing within 10 days from the moment of receipt of the application for revision.
The absence of the persons izveshhennyh about the time and place of the court session, does not constitute an obstacle to the consideration of an application.
The Court, having considered the statement, shall determine. On the determination of the Court that the statement left without satisfaction, can be filed a private complaint.
Article 213-10. Powers of the Court, the Court, having considered the application for review of a default judgment, entitled to their definition: 1) leave a statement without satisfaction;
2) cancel the default judgment and to resume consideration of the merits of the case, in the same or a different panel of judges.
Article 213-11. Reasons to have a default judgment set aside default judgment be cancelled with the resumption of consideration of the merits of the case, if consideration of an application to have a default judgment set aside, the Court finds that the absence of a party in the trial was triggered by a legitimate reason, about which she was unable to inform the Court, and that the party is evidence that may affect the contents of the adopted decisions in absentia.
Article 213-12. Resume consideration of the case in a default judgment is cancelled by the Court made this decision, the examination of the merits of the case resumes and is conducted according to the rules provided in this code.
Judgement in the case the decision will not distance and in case of non-appearance of the defendant, has on the rules provided by articles 106-112 of this code. The defendant may not re-submit an application for review of this decision as the distance.
Article 213-13. Validity of the default judgment default judgment enters into force in accordance with the rules set forth in article 208 of this code. ".
19. Article 219, paragraph 4, delete the words "and adopted by the Court's refusal".
20. paragraph 6 of article 221 shall be reworded as follows: "6) if the plaintiff is not asked about the proceedings in his absence, failed to appear in court on a call, and the defendant does not require a hearing on the merits."
21. Article 222 supplement part 3 as follows: "the Court upon application of the plaintiff or defendant cancels its definition of abandonment applications without consideration of the grounds specified in paragraphs 5 and 6 of article 221 of this code, if the parties submit evidence to establish the reasons for the lack of sensitive and respectful of their hearing. On the Court to reject such an application may be filed a private complaint. ".
22. Article 286: supplement article new part 2 to read as follows: "link of the person making the appeal, new evidence that was not presented to the Court of first instance, shall be permitted only in the case of justification they complained of the impossibility of their submission to the Court of first instance.";
parts two and three, respectively, considered the third and fourth parts.
23. Article 294 shall read as follows: "article 294. Limits of consideration of the case by the Court of Cassation in the case in the Cassation Court verifies the legality and validity of the decision of the Court of first instance within the appeal. It can investigate new evidence and new facts. Again the evidence presented, the Court investigates if it acknowledges that they could not be submitted to the Court of first instance.
The Court of Cassation for the rule of law has the right to verify the decision of the Court of first instance in its entirety. ".
24. In the second part of article 304 of the word "and" was replaced by "196 196 and 203".
25. Article 305, paragraph 4 shall be amended as follows: "4) to change the decision or make a new judgment without referring the case for a new trial, unless the circumstances relevant to the case, are established on the basis of existing, as well as further submissions, with whom briefing.".
26. Article 306, paragraph 1 shall be amended as follows: "1) incorrect definition of legally significant circumstances;".
27. Article 314 shall be reworded as follows: "article 314. Be bound by the instructions of Cassation instructions in determining the court seized seised of the case on appeal, in the case of cancellation of the decision of the Court of first instance and the case for a new consideration, shall be mandatory for the court seised of the case again.
The court hearing the case on appeal is not entitled to prejudge questions about reliability or unreliability of this or that evidence about the superiority of one over the other evidence, as well as on how the decision should be made as a new case. "
28. Article 327 shall be reworded as follows: "Article 327. The limits of case review
In the case of supervisory review court verifies that the application and interpretation of material and procedural norms of law by courts of first instance and the Court of appeal according to the materials within the arguments.
In the interest of the rule of law, the Court may go beyond protest. ".
29. Article 329, paragraph 5 shall be amended as follows: "5) to revoke or vary the decision of the Court of first, cassation or supervisory authorities and make a new judgment without referring the case for a new trial, if you make a mistake in the application and interpretation of rules of substantive law."
30. Article 330 as follows: "article 330. Grounds for rescission of judicial decisions in supervisory review be a ground for repeal of resolution, determine court decisions in supervisory review are: 1) misapplication or interpretation of substantive law;
2) material breach of procedural norms of law, resulting in the imposition of an unlawful decision, determination, order of a court.
Decision, determination, a court order must be rescinded regardless of arguments of protest in cases stipulated by article 308 of this code. Cannot be cancelled judgement for formal reasons. ".
31. Part of the first and second articles 331 worded as follows: "the court seized seised of the case by way of supervision as set out in the definition of the direction of the case for a new consideration, shall be mandatory for the court seised of the case again.
Trial court oversight may not prejudge questions about reliability or unreliability of this or that evidence about the superiority of one over the other evidence, as well as on how the decision should be made as a new case. "
32. In article 338, paragraph 1 the words "regulations of the people's judges on alimony exaction" replaced by "orders".
33. Article 339 supplement paragraph 1-1 as follows: "1-1) orders;".
Article 2. Enforce this federal law upon the expiration of 30 days from the day of its official publication.
The President of the Russian Federation, b. Yeltsin, Kremlin, Moscow, N November 30, 1995 189-FZ
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