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Amending The Civil Procedure Code Of The Russian Federation

Original Language Title: О внесении изменений в Гражданский процессуальный кодекс Российской Федерации

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RUSSIAN FEDERATION FEDERAL LAW amending Civil Procedure Code of the Russian Federation adopted by the State Duma on 14 November 2007 Approved by the Federation Council on 23 November 2007 (In the wording of the Federal Law 09.12.2010 N 353-FZ) Article 1 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4532; 2004, N 31, est. 3230) The following changes: 1) Part 4 of Article 112 should be redrafted to read: " 4. The application for the reinstatement of the missing procedural time, established in part two of article 376 and part one of article 389 of the present Code, shall be submitted to the court which examined the case at first instance. The time limit may be restored only in exceptional cases, where the court admits the reasons for his or her omission on the grounds that objectively exclude the possibility of filing a complaint within the prescribed time limit (the person's serious illness, the complainant, his helpless state and the other), and these circumstances occurred within a period no later than one year from the date of the entry into force of the contested court order. "; 2) Part Two of article 376, set out in the reading: " 2. Judicial decisions may be appealed to a court of review within six months from the date of their entry into force, provided that other remedies established by this Code have been exhausted by the individuals concerned Orders until the day of its entry into force. "; 3) in the second article 377: (a) in paragraph 1 of the words" to the decisions and rulings of the supreme courts of the republics, regional courts, regional courts and municipal courts Federal, Autonomous Regional Courts, and the Autonomous Prefecs adopted by The first instance, if the decisions and definitions were not subject to cassation or supervisory review by the Supreme Court of the Russian Federation; "delete; b) in paragraph 3 of the word" Supreme courts of the republics, regional courts, regional courts, courts of federal cities, courts of the autonomous region, courts of autonomous regions, adopted by the courts of first instance, if the decisions and definitions were not subject to cassation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4 words "to the decisions and decisions of the district (naval) military courts which have entered into force, if these decisions and determinations have not been the subject of cassation before the Supreme Court of the Russian Federation;" delete; d) paragraph (5), amend to read: " (5) the decisions and rulings of the supreme courts of the republics, regional courts, regional courts, federal courts, courts of the autonomous oblast, the courts of the autonomous regions, which they have adopted at first instance, if the said decisions and The definitions were the subject of cassation before the Supreme Court of the Russian Federation; the decisions and definitions of the district (naval) military courts that have entered into force, if the decisions and definitions were the subject of cassation OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the Supreme Court of Justice of the Russian Federation The Federation of the Supreme Court of the Russian Federation defined the Military Chamber of the Supreme Court of the Russian Federation in cassation, the Presidium of the Supreme Court of the Russian Federation. "; 4) Part 8 of Article 378 (c) To recognize the invalid force; 5) article 379, recognize no force; 6) to supplement article 379 to 1 as follows: " Article 379-1. The return of the supervisory complaint or the submission of the prosecutor to the prosecutor, without consideration on the merits , 1. An oversight complaint or submission by a prosecutor is returned by the judge without consideration of the merits, if: 1) the supervisory appeal or the prosecutor's submission does not meet the requirements of paragraphs 1 to 5 and 7 of Part One, Part Four- Article 378 of this Code; (2) supervisory appeal or submission by a prosecutor filed by a person who is not entitled to appeal to a court of appeal; 3) missed the deadline for appealing a court decision Oversight and supervisory appeal not accompanied by a final ruling On the reinstatement of this period of time; 4) received a request for return or withdrawal of the supervisory appeal or the prosecutor's submission; 5) the supervisory appeal or the prosecutor's submission was filed in violation of the rules of jurisdiction; Article 377 of this Code. 2. The supervisory review or submission of a prosecutor must be returned within ten days from the date of their receipt to the court of supervision. "; 7) Article 380 is declared void; 8) to supplement article 380-1 of the following Content: " Article 380-1. Actions by the court of review after supervisory appeal or prosecutor's presentation An oversight complaint or prosecutor's submission made in accordance with the rules set out in articles 376 to 378 of this Code are studied: 1) at the Presidium of the Supreme Court of the Republic, the Regional Court, the Regional Court, the City Court, the Autonomous District Court, the District Court of the Autonomous Region, the District Court (fleet) of the Military Court, the President by the Deputy President of the Court or by their on the instruction of a judge of the court; 2) before the Judicial Chamber for Civil Affairs of the Supreme Court of the Russian Federation, the Military Chamber of the Supreme Court of the Russian Federation, the Presidium of the Supreme Court of the Russian Federation, a judge of the Supreme Court of the Russian Federation. "; (9), article 381, amend to read: " Article 381. Review of the supervisory complaint or the presentation of the Prosecutor 1. The judges referred to in article 380-1 of the present Code examine the supervisory appeal or the submission of the prosecutor for the materials appended to them or on the materials of the claimed case. In the case of certiari, the judge may decide to suspend the execution of the court's decision until the end of the proceedings in the court of supervisory authority, if there is a request for it in the supervisory appeal, the prosecutor's submission or other application. 2. Based on the examination of the supervisory complaint or the prosecutor's submission, the judge issues a definition of: 1) on the refusal of the transfer of the supervisory appeal or the submission of a prosecutor for consideration in a court session of the court of review, if There is no basis for a review of judicial decisions under the supervisory review procedure. In this case, the supervisory appeal or the prosecutor's submission, as well as copies of the judicial decisions complained of, remain in the court of review; 2) on the referral of the supervisory appeal or the submission of the prosecutor with the case for judicial review. Meetings of the court of review. 3. The President of the Supreme Court of the Russian Federation, his deputy may not agree with the decision of a judge of the Supreme Court of the Russian Federation to refuse a supervisory appeal or to present a prosecutor for consideration in a court hearing. The court of the supervisory authority to issue a decision on its abolition and referral of the supervisory appeal or the submission of the prosecutor to the case for consideration in the court hearing of the court of supervisory authority. 4. An oversight complaint or submission by a prosecutor to the Judicial Chamber for Civil Matters of the Supreme Court of the Russian Federation or to the Military Chamber of the Supreme Court of the Russian Federation for judicial decisions referred to in paragraphs 3 and 4 of the Part The second article of article 377 of this Code, with the case of referral of them for consideration at the court hearing, shall be forwarded to the Judicial Chamber for Civil Matters of the Supreme Court of the Russian Federation or to the Military Court, respectively. of the Supreme Court of the Russian Federation. "; , to read: " Article 382. Timing of review of the complaint or prosecutor's presentation 1. In the court of review, with the exception of the Supreme Court of the Russian Federation, the supervisory appeal or the prosecutor's submission shall not be considered for more than one month if the case has not been claimed, and for no more than two months, if the case was claimed, Not counting the period of time from the date on which the case was brought before the day of review by the court of review. 2. In the Supreme Court of the Russian Federation, the supervisory appeal or the prosecutor's submission shall not be considered for more than two months if the case has not been claimed, and for no more than three months if the case was claimed for not counting the period of time from the day OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. The President of the Supreme Court of the Russian Federation, the Deputy of the Supreme Court of the Russian Federation, in the event of a case, may extend the period of examination of the supervisory appeal or the prosecutor's submission, but not more than two months. "; 11) in the case of the Supreme Court of the Russian Federation. Article 383: (a) the title should read: " Article 383. Determination of the judge to refuse the transfer of the supervision complaint or prosecutor's view to review in the court hearing of the supervisory review court ; b) in part one: paragraph 1 The following wording: " 1. The determination of the judge to deny the transfer of the supervisory complaint or the prosecutor's submission for consideration in the court hearing of the court of review should contain: "; sixth paragraph should read: " Motives, by that are denied the transfer of a supervisory review complaint or the submission of a prosecutor for review in a court hearing of the court of review. "; in the second part of the void; 12) in article 384: (a) , amend to read: " Article 384. Determination of the transfer of a supervisory complaint or submission of a prosecutor with a case for review in a court hearing of the supervisory review court ; b) in part one: first set out in next revision: " 1. The determination of the transfer of the supervisory complaint or the prosecutor's submission to the case for consideration in the court hearing of the court of review should contain: "; paragraph 7 restate: " 7) A substantiated statement The grounds for the transfer of the supervisory review complaint or the submission of the prosecutor to the case for consideration in the court hearing of the court of review; "; 13) in article 385: (a) the name should read: " Article 385. The notification of the persons involved in the case of the transfer of the supervisory complaint or the submission of the prosecutor to the case for judicial review of the court ; b) Part One next revision: " 1. The court of review forwards the persons involved in the case, copies of the definition of the transfer of the supervisory appeal or the submission of the prosecutor to the case for consideration in the court hearing of the court of review and a copy of the supervisory appeal or the submission Prosecutor. The time for review of the supervisory appeal or the submission of a prosecutor in a court session of the court of supervisory authority shall, in view of the fact that the persons involved in the case have the opportunity to appear before the court at the hearing. "; 14) in article 386: (a) The title should read: " Article 386. Date and order of review of the complaint or presentation by the prosecutor in the court session of the court of review court "; (b) in Part Four of the word" court " Replace the words "the definition of the transfer of the supervisory complaint or the submission of the prosecutor with the case for consideration in the court hearing of the court of review"; (15) article 387, as follows: " Article 387. Grounds for revocation or modification of court supervisory orders Grounds for revocation or modification of court orders are substantive violations of substantive or procedural rules Rights that have affected the outcome of a case without which the restoration and protection of violated rights, freedoms and legitimate interests, and the protection of the public interest protected by law are impossible. "; read: " 5) Last name and initials of the judge who delivered Determination of the transfer of the supervisory complaint or the submission of a prosecutor to the case for consideration in the court hearing of the court of review; "; 17) (Uexpelated-Federal Law from 09.12.2010. N 353-FZ)"; 18) in article 390: (a) in paragraph 6 of Part One," Article 380 ", replace" article 379-1 "; b) with the following content: " 1-1. In the supervisory review proceedings, the court verifies the validity of the application and interpretation of the substantive and procedural law by the courts in the case, within the limits of the supervisory appeal or the prosecutor's submission. In the interests of legality, the court of review has the right to go beyond the arguments of the supervisory appeal or the prosecutor's submission. At the same time, the court is not empowered to verify the lawfulness of court decisions in the part where they are not challenged and the lawfulness of court rulings that are not appealed. "; 19) part two of article 392 Paragraph 5, reading: " (5) Recognition by the Constitutional Court of the Russian Federation not in accordance with the Constitution of the Russian Federation of the law applied in a particular case, in connection with the decision on which the applicant He appealed to the Constitutional Court of the Russian Federation. "; 20) Article 395 to supplement the following paragraph: "paragraph 5 of part two of article 392 of this Code, from the date of entry into force of the relevant decision of the Constitutional Court of the Russian Federation.". Article 2 Item 9 OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3230) to be declared invalid. Article 3 The complaints and representations of the prosecutor not considered on the day of the entry into force of this Federal Act are considered by the rules in effect on the day they were brought before the court of review. Article 4 This Federal Law shall enter into force 30 days after its official publication. President of the Russian Federation Vladimir Putin Moscow, Kremlin December 4, 2007 N 330-FZ