On Introducing Changes And Additions Into The Code Of Civil Procedure Of The Rsfsr

Original Language Title: О внесении изменений и дополнений в Гражданский процессуальный кодекс РСФСР

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102067077

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 July 7, 2000 year Article 1. To amend the code of civil procedure of the RSFSR (Gazette of the Supreme Soviet of the RSFSR, 1964, no. 24, p. 407; 1965, N 51, art. 1291; 1966, no. 32, St. 773; 1968, N 7, art. 252; 1973, N 51, art. 1114; 1974, N 51, art. 1346; 1977, N 24, art. 586; 1980, no. 32, St. 987; 1981, no. 23, art. 800; N 37, art. 1264; N 46, art. 1555; 1984, no. 3, art. 106; 1985, N 5, art. 163; N 9, art. 305; 1986, N 14, art. 413; N 48, art. 1397; 1987, N 9, art. 250; 1988, N 1, art. 1; N 5, art. 137; 1989, N 16, art. 398; Statements of the RSFSR Congress of people's deputies and the Supreme Soviet of the RSFSR, 1991, no. 15, St. 494; Gazette of the Congress of people's deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, no. 15, St. 768; N 27, art. 1560; N 30, art. 1794; N 34, art. 1966; 1993, N 17, art. 593; N 22, art. 787; Collection of laws of the Russian Federation, 1995, no. 18, art. 1596; N 49, St. 4696; 1996, N 1, art. 19; N 35, St. 4134; N 49, St. 5499; 1997, N 12, art. 1373; N 47, St. 5341; 1998, N 26, art. 3010; 1999, N 1, art. 5) the following amendments and supplements: 1. articles 1, 2, 7 and 10 shall be amended as follows: article 1. Legislation on civil procedure the procedure for civil litigation in the federal courts of general jurisdiction is determined by the Constitution of the Russian Federation, Federal Constitutional law "on the judicial system of the Russian Federation, the present code and other federal laws. Civil procedure law rules contained in other laws must conform to the provisions of this code.
Civil litigation at the Justice of the peace shall be determined by the present Code, the Federal law "on justices of the peace in the Russian Federation and other federal laws.
Civil litigation is conducted according to the laws of civil procedure in force at the time the consideration and resolution of cases, individual proceedings or execution of judgments of the courts of general jurisdiction (hereinafter the Court), as well as acts of other bodies in the cases stipulated by the legislation on enforcement proceedings.
If an international treaty of the Russian Federation stipulates other rules than those stipulated by the civil procedure law, the rules of the international treaty shall apply.
In the absence of legal procedures regulating relations arising during the proceedings in a civil case, the Court applied the rule governing similar relations (analogy), and in the absence of such a rule is valid on the basis of the principles of Justice in the Russian Federation (analogy).
Article 2. Tasks the tasks of civil litigation of civil procedure are correct and timely consideration and resolution of civil cases in order to protect violated or disputed rights, freedoms and legally protected interests of natural and legal persons, as well as the rights and legally protected interests of its constituent entities of the Russian Federation, federal bodies of State power, bodies of State power of the constituent entities of the Russian Federation and bodies of local self-government, the rights, freedoms and legitimate interests of other persons as subjects of civil, labour, administrative, legal or other relations. Civil proceedings must contribute to strengthening the rule of law and the rule of law, prevent lawbreaking, the formation of an attitude of respect for the law and Court. ";" Article 7. The independence of the judiciary in the administration of Justice, judges are independent and subordinate only to the Constitution of the Russian Federation and the law. Guarantee their independence shall be defined by the Constitution of the Russian Federation and federal laws.
Judges hear and resolve civil cases in circumstances precluding extraneous influence. Persons responsible for providing illegal influence on judges and people's assessors involved in the administration of Justice, as well as other intervention in the work of the Court shall be liable under the legislation of the Russian Federation. ";" Article 10. Regulations applied by the Court in resolving civil cases the Court must resolve civil cases on the basis of the Constitution of the Russian Federation, federal constitutional laws, federal laws, regulatory acts of the President of the Russian Federation, the Government of the Russian Federation, other federal authorities, constitutions (charters) of subjects of the Russian Federation, the laws of the constituent entities of the Russian Federation, normative legal acts of the bodies of State power of the constituent entities of the Russian Federation, bodies of local self-government and international agreements of the Russian Federation. The Court applies the customs of business in cases stipulated by laws and regulations.

The Court, finding when considering a civil case mismatch of an act of a State or other authority, as well as the official Constitution of the Russian Federation, Federal Constitutional law, federal law, the generally recognized principles and norms of international law, the International Treaty of the Russian Federation Constitution (Charter) of the Russian Federation, the law of the Russian Federation, shall take a decision in accordance with the legal provisions that have the greatest effect.
If an international treaty of the Russian Federation stipulates other rules than those stipulated by normative legal acts of the Russian Federation, the Court in reviewing and resolving civil cases applies the rules of the international treaty.
In the absence of the law governing contentious relationship, the Court applied the rule of law governing similar relations (analogy), and in the absence of such norms allows the case on the basis of common principles and sense of legislation (analogy).
The Court, in accordance with the law or an international treaty of the Russian Federation in addressing and resolving civil cases applies the law of other States. "
2. articles 11 and 12 should be deleted.
3. Article 13 shall be amended as follows: "article 13. Be bound by judicial justices of the peace and acts of federal courts take judicial acts in the form of court orders, decisions, determinations, resolutions.
Entered into legal force Court Justices and the federal courts of general jurisdiction, as well as their lawful orders, requirements, orders, calls and other appeals are binding on all State authorities, local government bodies, public associations, officials, and other natural and legal persons and shall be subject to rigorous implementation throughout the territory of the Russian Federation. Failure to comply with the said judicial acts, as well as other contempt of court entail liability under federal law.
Be bound by judicial acts impedes treatment stakeholders, not involved in the case, in the courts for protection of his violated or disputed rights, freedoms and interests protected by law.
Be bound by the acts on the territory of the Russian Federation courts of foreign States, international courts and tribunals is determined by international treaties of the Russian Federation. "
4. Article 21 should be deleted.
5. In the first part of article 22, the words "the representative of a public organization or labour collective," should be deleted.
6. In part five article 23, the words "the representative of a public organization or labour collective," should be deleted.
7. The second part of article 33 shall be amended as follows: "a person in respect of whom the case initiated on application by persons having a legal right of recourse to the courts for protection of his violated or disputed rights, freedoms and legitimate interests of other persons, the Court shall be notified of the time and place of examination of the case and participates in it as plaintiff.".
8. Article 42 shall be amended as follows: "article 42. Participation in the process of State bodies, local authorities, organizations and citizens to protect the violated or disputed rights, freedoms and legitimate interests of other persons in the cases provided for by law, the State and local self-government bodies, organizations or citizens have the right to institute legal proceedings in defence of violated or disputed rights, freedoms and legitimate interests of other persons at their request or in defence of violated or disputed rights , freedoms and legally protected interests an indeterminate number of persons. The lawsuit in defense of violated or disputed rights, freedoms and interests protected by law incapable citizen may be produced regardless of the request of his legal representative or other person concerned.
Persons who claim to protect violated or disputed rights, freedoms and legitimate interests of other persons, enjoy all the procedural rights and perform all the procedural obligations of the claimant, except for the right to enter into the settlement agreement. In case of refusal of State bodies, local self-government bodies, organizations or citizens support requirement declared by them for the benefit of another person, the examination of the merits continues, if the person in whose favour the stated requirement, or his legal representative does not say about the denial of the claim. In case of refusal of the claim, the plaintiff claimed in protection of his violated or disputed rights, freedoms and interests protected by law, the Court shall terminate the proceedings.
In the cases provided for by law, the relevant State bodies and local self-government bodies, pending a decision by the Court of first instance shall have the right to intervene in the case, on its own initiative or on the initiative of the persons involved in the case, to give an opinion on the case in order to exercise their duties and protect violated or disputed rights, freedoms and legitimate interests of other persons, the State or the public interest.

Where necessary, the Court may, on its own initiative, to engage in the appropriate State or local self-government body. ".
9. articles 113 and 114 shall be amended as follows: "article 113. In civil cases, the jurisdiction of the magistrate, the magistrate shall consider: 1) the extradition case of a court order;
2) proceedings for divorce, if there is no dispute between the spouses of the children;
3) case on the section between the spouses jointly acquired property;
4) other cases arising out of family-legal relations, except for cases contesting of paternity/maternity, paternity, for the deprivation of parental rights, adoption of the child;
5) cases of litigations with the price of the claim does not exceed 500 times the minimum wage established by law at the time of application;
6) cases arising from labour relations, except in cases for reinstatement;
7) case of determining the order of use of land, buildings and other immovable property;
8) other cases that fall within the competence of the federal laws, the justices of the peace.
When combining multiple interrelated requirements, changing the subject of the claim or counterclaim presenting new requirements become the jurisdiction of the District Court, and the rest-magistrate, all claims shall be subject to review in the District Court.
Article 114. Civil proceedings triable in the District Court in civil cases, subordinated to the courts, except in the cases referred to in articles 113, 114-1-116 of this code are dealt with by the District Court.
In the constituent entities of the Russian Federation, where not appointed (not elected) for the Office of justices of the peace, within their competence, are considered by the judges of the district courts alone. ".
10. Supplement article 114-1 to read as follows: "article 114-1. In civil cases, the jurisdiction of military courts in cases stipulated by federal constitutional laws and federal laws, Civil Affairs on the protection of the violated or disputed rights, freedoms and legitimate interests of members of the armed forces of the Russian Federation, other troops, military formations and organs, citizens performing military duties, actions (inaction) of bodies of military command and control, military officials and their decisions are reviewed by military courts.
11. Article 115 shall be reworded as follows: "article 115. In civil cases, the jurisdiction of the Supreme Court, provincial, oblast court, the Court of the city of Federal significance, autonomous oblast court and Court autonomous district, the Supreme Court of the Republic, Krai, oblast court, city of Federal significance, autonomous oblast court and Court Autonomous Okrug as the Court of first instance: 1) cases involving State secrets;
2) cases on challenging normative legal acts of State authorities and officials of the constituent entities of the Russian Federation;
3) cases of termination or suspension of the activities of the interregional and regional public organizations;
4) cases on challenging the decisions and actions (inactivity) of the Election Commission of the Republic, Krai, oblast, city of Federal significance, autonomous oblast and Autonomous Okrug, district electoral commissions on the elections in the federal bodies of State power, bodies of State power of the constituent entities of the Russian Federation, of the relevant commissions of the referendum, officials of those commissions (with the exception of decisions on complaints against decisions and acts (or omissions) of subordinate election commissions);
5) other cases that qualify for federal laws to the jurisdiction of the Supreme Court of the Republic, Krai, oblast court, Court of Federal significance, autonomous oblast court and the Court of Justice of the Autonomous Okrug.
12. the sixth paragraph of article 116 shall be reworded as follows: "the challenge of the decisions and actions (inaction) of the Central Election Commission of the Russian Federation and its officials (with the exception of decisions on complaints against decisions and acts (or omissions) of subordinate electoral commissions, commissions of the referendum, as well as the decisions of electoral commissions of the constituent entities of the Russian Federation in cases envisaged by federal law);".
13. Article 123 shall be reworded as follows: "article 123. Transfer of superior court cases from one court to another in the case when the trial, which it is under, it becomes impossible, the case shall be referred to another court. The transfer of cases from one court to another can be made by a higher court.
14. Article 124 deleted.
15. paragraph 5 of part 2 of article 126 shall be reworded as follows: "5) what are the violation or threat of violation of rights, freedoms or legitimate interests of the plaintiff and its requirements;".
16. In article 129, paragraph 1 of part 2 shall be amended as follows: "1) if the statement is not subject to review and resolve in civil proceedings";
the third part of the second sentence should be deleted.
17. Article 147., should be deleted.
18. In the first part of article 154 of the words "the representative of a public organization or labour collective," should be deleted.
19. the first part of article 166 shall be amended as follows:

"After the report, the Court shall hear the explanations of the plaintiff and at his side a third person, the defendant and at his side a third person, and then the others involved in the case. The Prosecutor, representatives of State bodies, local self-government bodies, organizations and citizens in court for protection of violated or disputed rights, freedoms and legitimate interests of other persons, give explanations first. Persons participating in case shall have the right to ask each other questions. The judge may ask questions of the persons participating in the case at any point in their speeches.
20. Article 183 deleted.
21. In article 185: part three shall be amended as follows: "the Prosecutor, representatives of State bodies, local self-government bodies, organizations and citizens in court for protection of violated or disputed rights, freedoms and legitimate interests of other persons, were in court debates first.";
the fifth part deleted.
22. The second part of article 201 shall be amended as follows: "If these actions can be carried out only by the defendant, the Court shall by decision time limit within which it must be performed. Decision binding organization or collective body make certain actions (to decide), not related to the transfer of property or sums of money, turns their heads in the period of time set by the Tribunal. In case of failure of the decision without good reason, the Court rendered judgment or bailiff applies in respect of the head of the organization or a collegiate body measures stipulated by the Federal law "on enforcement proceedings".
23. Supplement article 207-1 as follows: "article 207-1. Indexing is recovered by the Court upon application by the plaintiff of moneys, who reviewed the case, the Court may make appropriate indexing Court recovered amounts at the time of execution of the decision of the Court.
The application is dealt with in court. Persons involved in the case are informed adequately about the time and place of the court session. Failure to appear in court these persons does not constitute an obstacle to the settlement of the question of indexation of the charges levied by the Court.
At the Court of indexation of amounts recovered may be filed a private complaint. ".
24. Article 208: first part shall be reworded as follows: "the decision of the magistrate upon the expiration of the appeal and the decision of the Federal Court upon expiry of the term for cassation shall enter into legal force, if they have not been appealed, with the exception of decisions referred to in paragraph 2 of this article. In the event of appeal or cassation accordingly the decision of the Justice of the peace or the decision of the Federal Court, if they are not cancelled, come into effect after consideration of the case by a higher court. ";
to complement the new part 2 as follows: "decisions by the courts for challenging decisions and actions (inaction) of State authorities, local government bodies, public associations, electoral commissions, commissions and referendum officials violating the electoral rights of the citizens, come into force immediately after their proclamation, with the exception of decisions handed down by the courts for contesting the results of the elections or referendums.";
part of the second, third and fourth respectively considered parts of the third, fourth and fifth.
25. Article 219, paragraph 1 shall be amended as follows: "1) if the case is not subject to review and resolve in civil proceedings".
26. In the first part of article 231, paragraph 1 shall be amended as follows: "1) on the protection of the electoral rights and right to participate in referendum of the citizens of the Russian Federation";
paragraph 2 shall be supplemented with the words "; cases on challenging normative legal acts ".
27. In the second part of article 232 of the words "except in cases of complaints of irregularities in the voter lists" were replaced by the words "except in cases of protection of electoral rights and the right to vote of citizens of the Russian Federation".
28. Chapter 23 shall be amended as follows: "chapter 23. Proceedings on PROTECTION of ELECTORAL rights and the right to participate in the referendum of CITIZENS of the RUSSIAN FEDERATION, article 233. Submission of an application or complaint of Voters, candidates, their proxies, electoral associations, electoral blocs and their proxies, other public associations, pressure groups for the referendum and observers believe that decision or actions (inaction) of State authorities, local self-government bodies, voluntary associations, Electoral Commission, a referendum officer violated voting rights and the right to vote of citizens of the Russian Federation shall have the right to request a statement or complaint before a Court of jurisdiction established by articles 114-116 of this code and other federal laws.

The Central Election Commission of the Russian Federation, the Electoral Commission of constituent entities of the Russian Federation, district, territorial and precinct electoral commissions, relevant referendum Commission shall have the right to request a statement or complaint before a court in connection with violation of the election legislation, legislation on referenda organ of State power, local self-government body of the public association official.
Article 234. Terms apply to court and consideration of the application or complaint, petition or complaint in court may be filed within three months from the date on which the complainant became aware, or should have become aware of violations of the electoral legislation, legislation on referendums or electoral rights and right to participate in the referendum of the applicant.
A statement or complaint on the decision of the Electoral Commission, the referendum on registration refusal in registration of the candidate (list of candidates), the initiative group for holding a referendum, abolition of the registration of the candidate (list of candidates) may be filed within ten days from the date of the decision of the Electoral Commission, the Commission for the referendum.
A statement or complaint on irregularities in the lists of electors (voters) should be considered within three days from the date of filing, but not later than on the day of voting, and on the day of the vote immediately.
A statement or complaint filed in court or during the electoral campaign for the referendum process should be considered in five-day's term from the date of their submission, but no later than the day preceding the day of the vote, and received on polling day or on the day following the day of the vote, immediately. If the facts contained in the statement or complaint requires further investigation, the decision on the application or complaint shall be adopted not later than within ten days.
A statement or complaint on the decision of the Electoral Commission, the referendum on the outcome of the vote, the results of elections, referendum should be considered within two months from the date of their filing.
A statement or complaint shall be considered by the Court, with the participation of the applicant, the representatives of the relevant public authority, local authority, public association, the Electoral Commission, the referendum official. Failure to appear in court, properly izveshhennyh about the time and place of the court session, does not constitute an obstacle to the consideration and determination of the case.
A decision on the case of the dissolution of the Electoral Commission, the Referendum Commission shall be made within fourteen days from the date of receipt of the application or complaint.
Article 235. The Court's decision and its execution by checking the validity of the application or complaint, the Court recognises the contested decisions or actions (inaction) of unlawful, obliges the applicant's claim or otherwise restores it violated voting rights and the right to vote in the referendum in full.
The Court's decision, which entered into legal force, is sent to the head of the relevant public authority, local authority, public association, Chairman of the respective Election Commission, a referendum officer and shall be executed according to the rules specified in the second part of article 201 of the present code.
Court refuses an application or complaint if satisfied that the impugned decisions or actions (inaction) are legitimate. "
29. Article 239-3: in paragraph 1, the words "solo and" should be deleted;
paragraph 2 should be deleted;
paragraph 3 as subclause 2, it has the words "individual and normative" should be deleted.
30. In the third part of article 239-6 the words "representatives of non-governmental organizations and working collectives, as well as" should be deleted.
31. In the third part of article 239-8 the words "individual or regulatory" should be deleted.
32. to supplement the chapter 35-1 to read as follows: "chapter 35-1. APPEALS and REVIEW DEFINITIONS of JUSTICES Article 318-1. The right to appeal a decision of a magistrate may be appealed to the appeal by the parties and other persons involved in a case in the appropriate District Court through the magistrate.
Article 318-2. The deadline for filing the appeal an appeal may be filed within ten days from the date of the judgment a Justice of the peace. Complaint filed after expiration of the magistrate is returned to the complainant if the latter submitted a request for renewal of a missed period or in the reconstruction of this period he refused a Justice of the peace.
Article 318-3. Content of appeal an appeal shall contain: 1) the name of the District Court, which is addressed to the complaint;
2) name of the person making the complaint, his place of residence or location;
3) reference to the contested decision of the Justice of the peace;
4) arguments of the complaint;
5) request of the person concerned;
6) list of documents appended to the complaint.

The appeal shall be signed by the person filing the complaint or by his representative. The appeal filed by the representative, shall be accompanied by a power of attorney or other document certifying the authority of the representative if there are no such documents.
Appeal and attached thereto copies of documents by the number of persons involved in the case.
Article 318-4. Abandonment of appeal without movement on appeal, not conforming to the requirements set forth in article 318-3 of this code, or not paid State duty, the magistrate shall issue a ruling to uphold complaints without traffic and assigns to the complainant, the deadline for correcting deficiencies.
If the person who filed the complaint, within the prescribed time will perform instructions contained in the definition of a magistrate, the complaint is considered filed on the day of its initial submission to the Court. Otherwise, the complaint shall be deemed not to have been filed and will be returned to the complainant.
Article 318-5. Return of Appeal appeal court returned to the complainant, in the following cases: 1) failure to comply with directives within the prescribed time a Justice of the peace, contained in the definition of abandonment of the complaint without motion;
2) the expiration of the appeal, if the complaint contains no request for renewal of a missed period or in the reconstruction of this period refused;
3) change the subject or cause the requirements considered by the Justice of the peace.
The appeal is returned to the magistrate at the request of the complainant, if the case is not sent to the District Court.
Return the appeal to the complainant, is carried out on the basis of the definition of a magistrate. The complainant may appeal this definition in the District Court.
Article 318-6. Action of a magistrate upon receipt of the appeal the magistrate upon receipt of an appeal filed on time and consistent with the requirements set out in article 318-3 of this code, is obliged to transmit to the persons participating in the case, a copy of the complaint and the documents attached thereto.
Persons participating in case shall have the right to submit written explanations to the magistrate on appeal with the application documents confirming these explanations, and copies of the number of persons involved in the case.
Upon the expiration of the appeal the magistrate refers the case to the appeal and arrived at her objections to the District Court.
Article 318-7. Waiver of appeal against the person who filed the appeal, shall have the right to refuse it before making a decision or determination by the judge of the District Court. Rejection of complaints issued by definition judge on termination of appeal proceedings.
Article 318-8. Consideration of the case by the appellate court judge of the District Court shall notify the persons involved in a case about the time and place of the court session.
When considering cases on appeal, judge of the District Court verifies the legality and validity of the decisions of the Justice of the peace under the rules of the proceedings in the Court of first instance.
Judge of the District Court shall have the right to establish new facts and explore new evidence in the case.
Article 318-9. Powers of the Court of appeal on appeal, the appellate court has the right to: 1) the magistrate's decision to leave unchanged and complaint without satisfaction;
2) to change the decision of a magistrate or cancel it and make a new decision;
3) to reverse the decision of a magistrate in whole or in part and to discontinue the proceedings or leave a complaint without consideration.
Article 318-10. The ruling of the Court of appeal in the cases contemplated in paragraph 2 of article 318-9 of this code, the judgment of the District Court shall be made in the form of an appellate decision that replaces in whole or in part the decision of the magistrate, and in cases stipulated in points 1 and 3 of article 318-9 of this code, in the form of a definition.
Ruling of Court of appellate instance enters into force after its adoption and is not subject to appeal.
Article 318-11. Grounds to repeal or amend the decision of a magistrate to appeal a decision of a magistrate may be cancelled or modified on appeal on the grounds provided for in articles 306-308 of this code.
Upon leaving the appeal without addressing the Court shall specify in its decision the reasons for which the arguments of the complaint found to be incorrect and that do not constitute grounds for cancellation of the decision of the magistrate.
Article 318-12. The right to appeal the magistrate definitions Definitions of a magistrate may be appealed to the District Court separately from the decision of the Court by the parties and other persons involved in the case, in the following cases: 1) provided by the present code;
2) when determining the Justice of continued movement in the case.
In other cases, the definition of a magistrate not ancillary complaints are filed, objections to these definitions can be included in the appeal.
Article 318-13. Deadline for private complaints Private complaint may be filed within ten days from the date of the determination, Justice of the peace.
Article 318-14. The procedure for the submission and consideration of private complaints

Filing and consideration of private complaints occur in the manner provided for appeal against a decision of a magistrate.
Article 318-15. Powers of the Court of appeal in considering private complaint, the appellate court, having considered the private complaint may: 1) leave the determination of a magistrate without changes, and complaint without satisfaction;
2) repeal the definition of Justice in whole or in part and resolve the issue on its merits.
Article 318-16. Validity of the appellate court ruling of Court of appellate instance handed down in private complaint is not subject to appeal and shall enter into force from the moment of its adoption.
33. Article 320: paragraphs 1-4 deleted;
paragraphs 5 and 6, paragraphs 1 and, respectively, take 2;
Supplement part 2 as follows: "the persons listed in paragraph 1 of this article, shall have the right to bring protests entered into legal force resolution and ruling of justices of the peace."
34. the first part of article 321 shall be supplemented with the words "and justices of the peace".
35. In paragraphs 2 and 5 of Article 329 the word "Cassation" replaced by the word "second".
Article 2. This federal law shall enter into force on the day of its official publication.
The President of the Russian Federation v. Putin Kremlin, Moscow August 7, 2000 N 120-FZ