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

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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 on July 7 2000 Article 1. Amend the Code of Civil Procedure of the RSFSR (Bulletin of the Supreme Soviet of the RSFSR, 1964, N 24, sect. 407; 1965, N 51, est. 1291; 1966, N 32, sect. 773; 1968, N 7, sect. 252; 1973, N 51, sect. 1114; 1974, N 51, sect. 1346; 1977, N 24, sect. 586; 1980, N 32, sect. 987; 1981, No. 23, sect. 800; N 37, 100. 1264; N 46, sect. 1555; 1984, N 3, sect. 106; 1985, N 5, sect. 163; N 9, est. 305; 1986, No. 14, sect. 413; N 48, sect. 1397; 1987, N 9, sect. 250; 1988, N 1, est. 1; N 5, est. 137; 1989, N 16, sect. 398; Statements of Congress of People's Deputies of the RSFSR and Supreme Soviet of the RSFSR, 1991, N 15, Art. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 768; N 27, est. 1560; N 30, sect. 1794; N 34, st. 1966; 1993, 593; N 22, est. 787; Legislative Assembly of the Russian Federation, 1995, No. 18, art. 1596; N 49, sect. 4696; 1996, N 1, sect. 19; N 35, sect. 4134; N 49, sect. 5499; 1997, N 12, st. 1373; n 47, article 1. 5341; 1998, No. 3010; 1999, N 1, article 5) the following changes and additions: 1. Articles 1, 2, 7 and 10 should read as follows: " Article 1. Legislation on civil procedure Civil procedure in federal courts of general jurisdiction is defined by The civil procedure of the justice of the peace is governed by the present Code, the Federal Act on Magistrates in the Russian Federation and other federal laws. Civil proceedings are conducted in accordance with the civil procedure laws in force at the time of consideration and resolution of the case, the commission of certain procedural actions or the execution of judicial acts of the ordinary courts (hereinafter referred to as "the law of the courts"). Judicial acts), as well as acts of other bodies in the cases provided for in the legislation on enforcement proceedings. If an international treaty to which the Russian Federation is a party establishes rules other than those established by civil procedure law, the rules of the international treaty shall apply. In the absence of a rule of procedural law governing relations arising from civil proceedings, the court applies a rule governing similar relations (analogy of law) and, in the absence of such a rule, applies OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 2. Civil trial tasks The tasks of civil proceedings are the right and timely consideration and resolution of civil cases in order to protect violated or disputed rights, freedoms and Protection of the interests of natural and legal persons, as well as the rights and interests protected by the law of the Russian Federation, its constituent entities, the federal authorities, and the authorities of the constituent entities of the Russian Federation rights, freedoms and legally protected interests Other persons who are subjects of civil, labour, administrative, legal or other legal relations. Civil proceedings should contribute to the strengthening of the rule of law, the prevention of offences, respect for the law and the court. "; " Article 7. The independence of judges is independent and is subject only to the Constitution of the Russian Federation and to the law. The guarantees of their independence are set out in the Constitution of the Russian Federation and federal laws. The judges review and resolve civil cases in an environment free of extraneous exposure. Persons responsible for the unlawful influence of judges and lay judges involved in the administration of justice, as well as other interference in the activities of the court, shall be liable under the law of the Russian Federation. "; " Article 10. Legal regulations applied by the court in civil cases The Court is obliged to settle civil cases on the basis of The court, when considering the civil case, does not comply with an act of a state or other body, as well as an official of the Constitution of the Russian Federation, federal constitutional law, federal law, generally recognized The principles and rules of international law, the international treaty of the Russian Federation, the constitution (charter) of the constituent entity of the Russian Federation, the law of the subject of the Russian Federation, make a decision in accordance with the legal provisions of the Russian Federation. legal force. If an international treaty of the Russian Federation establishes rules other than those of the Russian Federation, the court applies the rules of international law when considering and resolving civil cases. of the treaty. In the absence of a rule of law governing a disputed relationship, the court applies the rule of law governing similar relations (the law analogy) and, in the absence of such rules, allows the case to proceed from the general beginning and the meaning of the law (analogy of law). The Court, in accordance with the law or the international treaty of the Russian Federation, applies the law of other States when considering and resolving the civil case. ". 2. Articles 11 and 12 should be deleted. 3. Article 13 should read as follows: " Article 13. The binding of judicial acts Magistrates and federal courts of general jurisdiction shall take legal action in the form of court orders, decisions, definitions, orders. The legal acts of magistrates and federal courts of general jurisdiction, as well as their legal orders, requirements, orders, challenges and other appeals are binding on all organs without exception. The State authorities, local authorities, public associations, officials, other individuals and legal entities are subject to strict implementation throughout the territory of the Russian Federation. The failure to comply with these judicial acts, and the other contempt of court, is punishable under federal law. The binding of judicial acts does not prevent the persons not involved in the case from seeking protection from the courts for the protection of violated or disputed rights, freedoms and legally protected interests. "The binding on the territory of the Russian Federation of acts of courts of foreign states, international courts and arbitration shall be determined by the international treaties of the Russian Federation." Article 21 should be deleted. 5. In article 22, paragraph 1, the words "a representative of a public organization or a working group" should be deleted. 6. In article 23, paragraph 5, the words "a representative of a public organization or a working group" should be deleted. 7. Article 33, paragraph 2, amend to read: " A person in whose interest the case has been commenced upon application by persons legally entitled to petition the court for the protection of violated or disputed rights, freedoms and legally protected interests other persons shall be informed by the court of the time and place of the proceedings and shall participate as the plaintiff. ". 8. Article 42 should read as follows: " Article 42. Participation in the process of State organs, of the local authorities, organizations and citizens defending the violated or disputed rights, freedoms and protected rights of other persons In cases stipulated by law, state bodies, local authorities, organizations or citizens are entitled to apply to the court for the protection of violated or disputed rights, freedoms and legally protected interests of other persons on their request or in defence of violated or disputed rights, freedoms and The legally protected interests of an indeterminer circle of persons. The action for the protection of violated or disputed rights, freedoms and legally protected interests of an incapacitated citizen may be presented irrespective of the request of his or her legal representative or other person concerned. Persons who have brought a claim for the protection of violated or disputed rights, freedoms and legally protected interests of other persons enjoy all procedural rights and perform all procedural duties of the plaintiff, except for the right to The conclusion of a settlement agreement. In the event of the refusal of State organs, local authorities, organizations or citizens to support the claim they have declared for the benefit of the other person, the merits of the case continue if the person to whom the claim is claimed is the claim, or his legal representative, would not declare a waiver of the claim. The court shall terminate the proceedings if the claimant fails to claim a claim filed in defence of his or her violated or disputed rights, freedoms and interests. In the cases provided for by law, the relevant State organs and bodies of local self-government, pending a decision of the court of first instance, are entitled to intervene on their own initiative or on the initiative of the persons involved in the case, in order to give an opinion in the case in order to exercise their duties and to protect violated or disputed rights, freedoms and legally protected interests of other persons, State or public interest. If necessary, the court may, on its own initiative, be able to involve the relevant State body or local government in the case. ". 9. Articles 113 and 114 should read as follows: " Article 113. Civil cases before the Magistrate Justice of the World Court considers: 1) for the issue of a court order; 2) a divorce case, if there is no dispute between the spouses about the children; 3) Section between spouses of joint property; 4) other cases arising from family-legal relations, with the exception of the challenge of paternity (maternity), paternity, deprivation of parental rights, establishment Adoption of the child; at the price of a claim not exceeding five minimum wage levels established by law at the time of application; 6) cases arising from labour relations, except for reinstatement cases; 7) The definition of the procedure for the use of land, buildings and other immovable property; 8) other cases, which are assigned by federal laws to the competence of justices of the peace. In the case of combining several related claims, changing the subject matter of the claim or bringing a countersuit, the new claims become subpodie-ship to the district court and the rest to the justice of the peace, all the requirements to be considered by the District Court. Article 114. Civil cases in the jurisdiction of the District Court Civil matters under the jurisdiction of the courts, with the exception of cases provided for in articles 113, 114 to 1 to 116 of this Code, shall be heard by the District Court. In the constituent entities of the Russian Federation, where there is no appointment (not elected) to the post of justices of the peace, cases falling within their competence shall be considered by the judges of the district courts alone. ". 10. Supplement Article 114-1 as follows: " Article 114-1. Civil cases under military jurisdiction In cases provided for under federal constitutional laws and federal laws, civil cases for the protection of violated or disputed rights, freedoms and legally protected interests Members of the armed forces of the Russian Federation, other troops, military formations and bodies, citizens undergoing military duties, from actions (inaction) of military government bodies, military officials and their decisions are considered Military courts. ". 11. Article 115 should be amended to read: " Article 115. Civil cases, subpoships to the Supreme Court of the Republic of the Republic, the Regional Court, the court of the city of the federal significance, the court of the autonomous region and the court of the autonomous district The Supreme Court of the Republic, The Regional Court, the Regional Court, the Court of the Federal Court, the Autonomous Regional Court and the Autonomous District Court consider as the first instance court: 1) cases involving State secrets; (2) of the challenge Legal acts of public authorities and officials of the Russian Federation; (3) cases concerning the termination or suspension of the activities of interregional and regional public organizations; 4) to challenge decisions and actions (inaction) of the election commission republics, provinces, regions, cities of federal significance, autonomous region, autonomous region, district election commission for elections to federal bodies of state power, bodies of state authorities of the constituent entities of the Russian Federation, of the relevant commissions of the referendum, the officers of those commissions (for the exception of decisions taken on complaints against decisions and actions (inaction) of subordinate election commissions); 5) other cases that may be assigned by federal laws to the jurisdiction of the Supreme Court of the Republic, regional court, federal court of the city of federal importance, the court of the autonomous region and the court of the autonomous district. ".". 12. Paragraph 6 of article 116 states: "to challenge decisions and actions (inaction) of the Central Election Commission of the Russian Federation and its officials (with the exception of decisions taken on complaints against decisions") and the actions (inaction) of the lower electoral commissions, the referendum commissions, and the decisions of the electoral commissions of the constituent entities of the Russian Federation in cases provided for by federal law); ". 13. Article 123 should read as follows: " Article 123. The referral by a higher court of a case from one court to another In the event that a case before a court to which it is a subship becomes impossible, the case is referred to another court. The transfer of a case from one court to another may be made by a higher court. ". 14. Article 124 should be deleted. 15. Paragraph (5) of article 126, paragraph 5, should read: "5) what constitutes a violation or threat of a violation of the rights, freedoms or legally protected interests of the claimant and its requirements;". 16. In article 129: , paragraph 1 of part two, paragraph 1, should read: "(1) if the application is not subject to consideration and authorization in civil proceedings;"; second sentence of part three, should be deleted. 17. Article 147 should be deleted. 18. In the first part of article 154, the words "a representative of a public organization or a working group" should be deleted. 19. Part one of article 166 should read: " After the report of the case, the court shall hear the explanations of the plaintiff and the third person involved, the respondent and the third party involved, and then the other persons participating in the proceedings. In the case. The Prosecutor, representatives of State bodies, local authorities, organizations, citizens who apply to the courts for the protection of violated or disputed rights, freedoms and legally protected interests of other persons give explanations first. Persons participating in a case have the right to ask each other questions. Judges may ask questions to persons involved in the case at any time in their statements. ". 20. Article 183 should be deleted. 21. In article 185: Part three, paragraph 3, should read: " The Prosecutor, representatives of State bodies, local authorities, organizations, citizens who apply to the courts for the protection of the violated or impugned rights, freedoms and legally protected interests of others, speak first. "; part five, shall be deleted. 22. Article 201, paragraph 2, should read: " If the said actions can only be committed by the defendant, the court shall fix the period of time within which it shall be executed. A decision obliging an organization or a collegial body to perform certain actions (take a decision) not involving the transfer of property or sums of money shall be executed by their leaders within the time specified by the court. In the event of non-execution of the said decision without valid reasons, the court that issued the decision or the bailiff applies to the head of the organization or the collegiating body the measures provided for by the Federal Law " On production. ". 23. Supplement article 207-1 as follows: " Article 207-1. By the application of the prospector, the court hearing the case may make an appropriate indexation of the amounts recovered by the court at the time of execution of the court's decision. The statement is considered in a court hearing. The persons participating in the case shall be duly informed of the time and place of the hearing. Failure to appear in court is not an obstacle to resolving the issue of the indexation of the amounts recovered by the court. A private complaint can be filed by the court to determine the indexing of amounts recovered. ". 24. In article 208: Part one, as follows: " The decision of a justices of the peace after the expiry of the appeal period and the decision of the federal court upon the expiry of the period of appeal in cassation shall become legal If they have not been appealed, except for the decisions referred to in part two of this article. In case of appeal or cassation appeal, respectively, the decision of a justice of the peace or a federal court decision, if not repealed, shall enter into force after the examination of the case by a higher court. "; second reading: " Judgations by courts in challenge of decisions and actions (inaction) of state authorities, local authorities, public associations, election commissions, commissions Referendums and officials violating the electoral rights of citizens shall enter into force immediately upon their proclamation, with the exception of judgements rendered by the courts in cases of challenge to the results of the election or the results of the referendums. "; parts two, three and four, respectively Parts of the third, fourth and fifth. 25. Article 219, paragraph 1, should read: "(1) If the case is not subject to civil proceedings;". 26. In article 231, paragraph 1: paragraph 1 should read: "1) on the protection of electoral rights and the right to participate in the referendum of the citizens of the Russian Federation;"; , paragraph 2, should be added to the words "; legal instruments ". 27. In article 232, paragraph 2, the words "except for complaints of incorrectness in the electoral rolls" shall be replaced by the words "except for the protection of voting rights and the right to participate in the referendum of citizens of the Russian Federation". 28. Chapter 23 should read: " CHAPTER 23. THE MANUFACTURE OF DELAY RIGHTS AND THE RIGHT TO PARTICIPATE IN THE PARTICIPATION IN THE RUSSIAN FEDERATION Article 233. Applications or complaints Voters, candidates, their proxying, electoral associations, electoral blocs and their proxying, other public associations, initiative groups for the referendum and observers, who consider that the decision or actions (inaction) of the state authority, the local government body, public associations, the election commission, the referendum commission, the official are violating the right to vote and the right to vote. OF THE PRESIDENT OF THE RUSSIAN FEDERATION A complaint or complaint to 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 commissions of the constituent entities of the Russian Federation, district, territorial and precinct election commissions, the relevant commissions of the referendum have the right to turn to A statement or complaint to the court regarding the violation of the electoral legislation, the legislation on the referendum by the State authority, the local government body, the public association and the official. Article 234. The time limit for the application and the consideration of a complaint or a complaint A complaint or complaint to a court may be filed within three months of the date on which the applicant became aware or had to be aware of the electoral violation Legislation, referendum law or voting rights and the right to participate in the complainant's referendum. Statement or complaint against the decision of the election commission, referendum commission of the referendum on registration, refusal of registration of a candidate (list of candidates), initiative group for the referendum, cancellation of registration of a candidate (list of candidates) The candidates may be submitted within ten days of the corresponding decision by the election commission, the referendum commission. The statement or complaint about incorrect voter lists (referendum participants) should be considered within three days from the date of their submission, but not later than the voting day, and on the day of the voting, immediately. The statement or complaint filed with the court during the election campaign or the preparation of the referendum shall be considered within five days from the day of their submission, but not later than the day before the voting day, but on the voting day or on the day following the voting day, immediately. In the event that the facts contained in a complaint or complaint require further verification, the decision on the application or complaint shall be taken not later than within 10 days. A statement or complaint against the decision of the election commission, the commission of the referendum on the results of the voting, on the results of the elections, the referendum shall be considered within two months from the day of their submission. A statement or complaint shall be considered by a court with the participation of the applicant, representatives of the relevant State authority, a body of local self-government, a public association, an election commission, a referendum commission, officer. Failure to appear in court, duly notified of the time and place of the trial, is not an obstacle to the consideration and resolution of the case. The decision on the dissolution of the election commission, the commission of the referendum shall be delivered within fourteen days from the date of receipt of the application or complaint. Article 235. The court's decision and its performance Having established the validity of a statement or complaint, the court admits the contested decisions or actions (inaction) unlawful, obligates the applicant to satisfy the claim or reclaims it otherwise The right to participate in the referendum has been violated. The decision of the court, which has entered into force, shall be sent to the head of the relevant state authority, the local government body, the public association, the chairman of the relevant election commission, the commission The Constitution of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the The court rejects the application or complaint if it determines that the impugned decision or action (inaction) is legal. ". 29. In article 239-3: , in paragraph 1, the words "individual and" should be deleted; , paragraph 2, should be deleted; paragraph 3 read as paragraph 2, and delete the words "individual and normative". 30. In the third part of article 239, paragraph 6, the words "representatives of public organizations and labour collectives" should be deleted. 31. In the third part of article 239-8, the words "individual or normative" should be deleted. 32. Add the following text to Chapter 35-1: " CHAPTER 35-1. APELLITIONAL PRODUCTION, REVISION OF DECISIONS AND DEFINITIONS IN WORLD JUDGES Article 318-1. The right of appeal The decisions of the justices of the peace may be appealed by the parties and other persons involved in the case to the appropriate district court through the Magistrate's Court. Article 318-2. The time limit for filing an appeal is the appeal may be lodged within ten days of the decision of the justice of the peace. A complaint filed after the expiry of the deadline is returned to the justice of the peace of the complainant, if the latter has not received a request for reinstatement or the reinstatement of the deadline is denied by the justice of the peace. Article 318-3. The content of the appeal must contain: 1) the name of the district court to which the complaint is addressed; 2) the name of the person filing the complaint, his place of residence or the place of residence finding; 3) pointing to the world judge's appealed decision; 4) the complaint; 5) the stakeholder's request; 6) a list of the documents annexed to the complaint. The appeal is signed by the complainant or his representative. A power of attorney or other document certifying the authority of the representative must be attached to the appeal lodged by the representative if there is no such document in the file. The appeal and the documents attached thereto shall be submitted with copies on the number of persons participating in the case. Article 318-4. Leaving the appeal without motion When filing an appeal that is not in conformity with the requirements of article 318-3 of this Code or not paid by the State duty, the justice of the peace shall issue a definition The deadline for the submission of a complaint is that the person who has filed the complaint is appointed and the deadline for the correction of the complaint is fixed. If a person who has filed a complaint will follow the instructions given in the determination of the magistrate, the complaint shall be deemed to have been submitted on the date of the initial submission to the court. Otherwise, the complaint is deemed not to have been filed and returned to the complainant. Article 318-5. Return of appeal The appeal is returned by the court to the complainant, in cases of: 1) the failure to comply with the time limit for the instructions of the justice of the peace contained in the definition of the abandonment of the complaint 2) expiry of the appeal period if the complaint does not request reinstatement or reinstatement of the deadline; 3) changes in the subject matter of the claim reviewed by the world A judge. The appeal is returned by the justices of the peace, also at the request of the complainant, if the case is not sent to the district court. The return of the appeal to the complainant is based on the definition of the justice of the peace. The complainant has the right to appeal the decision to the district court. Article 318-6. Justices of the peace after receiving an appeal Justice of the peace, upon receipt of an appeal filed on time and in accordance with the requirements of article 318-3 of this Code, must direct Copies of the complaint and the documents attached thereto. Persons participating in the case are entitled to submit to the justice of the peace a written explanation of the application of the documents supporting these explanations and copies of the number of persons participating in the case. Upon expiry of the appeal period, the justice of the peace shall refer the appeal and the objections raised by the magistrate to the District Court. Article 318-7. Refusal to appeal A person who has filed an appeal has the right to refuse it before a decision or determination is made by a district court judge. The rejection of a complaint is given by the judge's decision to discontinue the appeal proceedings. Article 318-8. Review by the court of appeal The judge of the District Court shall notify the persons involved in the case about the time and place of the hearing. The district court judge examines the legality and validity of the decision of the justices of the peace in the court of first instance when considering the case on appeal. The District Court judge is empowered to establish new facts and to examine new evidence in the case. Article 318-9. The power of the court of appeal , when dealing with an appeal , The Court of Appeal is entitled: 1) to leave the decision of the justice of the world without change, and the complaint is not satisfied; 2) To amend or rescate the decision of a justices of the peace and to make a new decision; 3) to cancel the decision of the justices of the peace entirely or in part and to terminate the case or leave the complaint without consideration. Article 318-10. The ruling of the court of appeal In the cases provided for in article 318-9, paragraph 2, of this Code, the District Court ruling shall be in the form of an appeal judgement, which shall replace the entire or part of the decision of the world. In the cases referred to in articles 318-9, paragraphs 1 and 3, of the present Code, judges shall be in the form of a definition. The ruling of the court of appeal shall enter into force once it has been handed down and the appeal is not subject to judicial review. Article 318-11. The grounds for the cancellation or modification of the decision of the justices of the peace The decision of a justices of the peace may be annulled or amended on appeal on the grounds provided for in articles 306 to 308 of this Code. When an appeal is dismissed without satisfaction, the court is obliged to state in its decision the reasons why the complaints are declared incorrect and which do not constitute grounds for the annulment of the decision of the justice of the peace. Article 318-12. The right of appeal against the definitions of the Justices of the Peace The rulings of the justices of the peace may be appealed to the District Court separately from the court decision by the parties and other persons involved in the case: 1) of the present The Code; (2) when the definition of a justices of the peace prevents the further movement of the case. In other cases, there are no private complaints filed against a judge's determination, and objections to these definitions can be included in the appeal. Article 318-13. The time limit for filing a private complaint A private complaint may be filed within ten days of the date of the determination by the justices of the peace. Article 318-14. The manner in which private complaints are filed and dealt with The filing and consideration of private complaints takes place in the manner provided for appeal against the decision of the justice of the peace. Article 318-15. The power of the court of appeal when examining a private complaint The Appellate Court, after examining a private complaint, is entitled: 1) to leave the ruling of the justice of the world without change, and the complaint satisfaction; 2) to abolish the definition of a world judge in whole or in part and to resolve the matter on the merits. Article 318-16. The legal force of the ruling of the court of appeal Instance The determination of the court of appeal against a private appeal is not subject to appeal and becomes enforceable from the moment it is established. ".". 33. In Article 320: paragraphs 1 to 4, delete; paragraphs 5 and 6 should be considered as paragraphs 1 and 2 respectively; to be added to the second reading: " Persons listed in Part One of this Article, to the right To protest against the decisions and rulings of the justices of the peace that have entered into force. ". Part 1 of article 321 is supplemented with the words "and justices of the peace". 35. In paragraphs 2 and 5 of article 329, the word "cassation" should be replaced by the word "second". Article 2. This Federal Law shall enter into force on the date of its official publication. President of the Russian Federation Vladimir Putin Moscow, Kremlin 7 August 2000 N 120-FZ