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Amending The Arbitration Procedure Of The Russian Federation In Connection With The Perfection Of Summary Procedure

Original Language Title: О внесении изменений в Арбитражный процессуальный кодекс Российской Федерации в связи с совершенствованием упрощенного производства

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RUSSIAN FEDERATION FEDERAL LAW On making changes to the Arbitration Procedure Code Russian Federation Code for Improvement Adopted by the State Duma on June 6, 2012 Approved by the Federation Council on 15 June 2012 Article 1 Commit to Russian Federation Code of Arbitration (...) (...) 3012; 2008, N 24, 100 2798; 2009, No. 29, sect. 3642; 2010, N 18, sect. 2145; N 31, st. 4163, 4197; 2011, N 29, sect. 4291, 4301; N 50, sect. 7364) The following changes to: 1) Article 135 is supplemented with Part 3, with the following content: " 3. The court rules on the transition to summary proceedings if, in preparation for the trial, the applicant has filed a motion for summary proceedings and for arbitration The court presents the defendant's consent to a summary proceedings or the court, on its own initiative, proposes that the case be dealt with in summary proceedings and, with the consent of the parties, makes a determination. At the same time, the parties are provided with the data required for identification of the parties in order to access the case files electronically. The statement in this case is posted on the official website of the respective arbitral tribunal in the Internet Information and Telecommunications Network (ITT) in the section, which is granted exclusively to persons, (hereinafter referred to as "restricted access"), no later than the following day after the day of the determination of the specified definition. "; 2) Part 2 of Article 182 should be amended to read: " 2. Decisions of the arbitral tribunal in cases of challenging acts of public authorities, local self-government bodies, other bodies, decisions on challenges to decisions and actions (inaction) of these bodies, and decisions on Cases considered in summary proceedings are subject to immediate execution. "; 3) of article 207, paragraph 1, after the words" Chapter 25 ", insert the words", paragraph 4, article 227, paragraph 4 "; 4), in chapter 29, editions: " Chapter 29. CONSIDERATION OF THE RULES OF PROCEDURE Article 226. Summary order 1. Summary proceedings are dealt with by the arbitral tribunal under the general rules of action provided for in this Code, with the features established by this chapter. In summary proceedings, cases arising from administrative and other public relations shall also apply the characteristics set out in section III of the present Code when dealing with cases involving Foreign persons-Section V of this Code, unless otherwise provided by this Chapter. 2. Cases of summary proceedings are heard by a single judge within a period not exceeding two months from the date of receipt of the statement of claim to the arbitral tribunal. Article 253, paragraph 3, of this Code shall not be subject to an extended period of review. Article 227. Cases handled in simplified production 1. In summary, the case is subject to review: 1) of the claim for the collection of funds, if the price of a claim does not exceed RUB 300 thousand for legal persons, and for individual entrepreneurs 100 thousand rubles; 2) to challenge non-normative legal acts, decisions of public authorities, officials, if, in the relevant deviating legal act, a decision is required to pay the money or Recovery of money or recovery of money is provided for the claimant's property, provided that the acts in question are contested by the claimant in respect of the claim for the payment of the funds or the recovery of the money or the recovery of the other property of the claimant and the claimant's disputed claim The amount is not more than 100,000 roubles; 3) on administrative prosecution, if the administrative penalty is imposed for an administrative offence only in the form of an administrative fine, the maximum amount which does not exceed one hundred thousand roubles; 4) to challenge decisions Administrative authorities on administrative prosecution, if the administrative penalty is imposed for an administrative offence only in the form of an administrative fine not exceeding one hundred thousand roubles; 5) on the recovery of mandatory payments and sanctions, if the total amount of the monetary amount to be recovered does not exceed 100 thousand rubles. 2. In summary proceedings, regardless of the price of the claim, case: 1) on claims based on the documents submitted by the claimant establishing the defendant's monetary obligations, which the defendant admits, but not are executed, and (or) on documents proving the arrears of the contract; (2) on claims based on the notary's protest of the promissory note in a non-payment, acceptance and undated acceptance. 3. At the request of the claimant, subject to the consent of the defendant, or at the initiative of the court, with the consent of the parties, in the order of summary proceedings, other cases may also be considered, unless the circumstances specified in Part 5 of this article are present. 4. It is not subject to summary proceedings in the case of corporate disputes, or for the protection of the rights and legitimate interests of a group of persons. 5. The court rules on the examination of the general rules of action or the rules of administrative procedure, if a third person's application for admission is satisfied in summary proceedings in a case, a counterclaim that cannot be dealt with according to the rules established by this chapter, or if the court, including at the request of one of the parties, has concluded that: (1) the simplified proceedings may be ordered Disclosure of state secrets; 2) The examination and examination of the evidence at their location, the appointment of the examination or the testimony of witnesses; (3) the claimed claim is related to other claims, including to others, or a court action taken on In this case, the rights and legitimate interests of other persons may be violated; (4) summary proceedings are not consistent with the objectives of effective justice, including in the case of court recognition Additional circumstances or further evidence. 6. The determination of the General Rules of the Search or the Rules of Administrative Procedure specifies the actions to be taken by the persons involved in the case and the time taken to do so. After the determination has been made, the case shall be taken from the outset, except in cases where the transition to the general rules of action or the rules of administrative procedure is necessary The examination and examination of the evidence at their location, the examination of the evidence, or the hearing of the testimony. 7. In the case of two claims arising out of civil legal relations, one of which is of a proprietary nature and relates to the requirements specified in Part 1 or 2 of this Article, and the second requirement is non-proprietary The nature and the court will not make this requirement in a separate proceeding pursuant to article 130, paragraph 3, of this Code, both requirements are dealt with in simplified proceedings. Article 228. { \b Case considerations in } { \b } { \b } { \b } A statement of claim, a statement in the case referred to in article 227, part 1 or 2, of this Code, and the documents annexed thereto may be submitted to the arbitral tribunal on paper or electronic form. The statement is posted on the official website of the arbitral tribunal on the Internet Information and Telecommunications Network in restricted mode, within a period not exceeding five days from the date of acceptance of the claim. 2. On the acceptance of the claim, the court makes a determination in which the proceedings in summary proceedings are considered and established for the presentation of evidence and the revocation of the claim, Application by the defendant or other person concerned, in accordance with article 131 of this Code, a time period which may not be less than fifteen days from the date of the determination of the statement of claim and the application for the proceedings. At the same time, the parties are provided with the data required for the identification of the parties in order to have access to the case files electronically. In the definition, the court may invite the parties to settle the dispute by themselves, pointing out the possibility of reconciliation. The determination made by the arbitral tribunal on the outcome of the application of the claim is posted on the official website of the arbitral tribunal in the Internet Information and Telecommunications Network (Internet) not later than the following day after the date of this determination. 3. The parties are entitled to submit to the arbitral tribunal dealing with the case and to communicate the evidence to each other on the basis of its claims and defences within the time limit set by the arbitral tribunal in the determination of acceptance. A statement of claim, a statement or a definition of a proceeding under summary proceedings and may not be less than fifteen days from the date on which the determination is made. Parties are entitled to submit to the arbitral tribunal considering the case and to communicate additional documents containing explanations on the substance of the claimed claims and defences to their position within the time limit set by the arbitral tribunal. by the arbitral tribunal and may not be less than thirty days from the date of the determination of the application of the claim, the application to the proceedings or the determination of the transition to a summary proceeding. Such documents shall not contain references to evidence which have not been disclosed within the time limit set by the court. 4. If the withdrawal of the claim, the withdrawal of the application, the evidence and other documents entered into the court after the expiry of the period established by the arbitral tribunal, they shall not be examined by the arbitral tribunal and returned to the persons to whom they have been filed, for The exception is that these persons have substantiated that they cannot be submitted within the time limit fixed by the court for reasons beyond their control. The arbitral tribunal shall determine the return of the documents in question. The arbitral tribunal's response to the claim, the withdrawal of the application, the evidence and other documents are posted on the official website of the respective arbitral tribunal on the Internet Information and Telecommunications Network (ITT) in the regime Limited access within a period not exceeding three days from the date of their admission to the arbitral tribunal. 5. The judge shall consider the case in summary proceedings without calling upon the parties after the expiry of the time limits fixed by the court for the presentation of evidence and other documents in accordance with part 3 of this article. The pre-trial session for summary proceedings is not held. The Court shall examine the explanations, objections and (or) arguments of the persons involved in the case presented by the parties and take a decision on the basis of evidence submitted within that time frame. 6. In summary proceedings, the rules set out in articles 155 and 158 of this Code shall not apply. Article 229. A decision in a case in the order of simplified production 1. A decision on a case of summary proceedings shall be taken according to the rules set out in chapter 20 of this Code, unless otherwise stipulated in the present chapter. Decisions in cases arising from administrative and other public relations and proceedings under summary procedure are decided according to the rules laid down in articles 201, 206, 211 or 216 of this Code. 2. A decision on a summary proceeding should be taken immediately. The decision shall enter into force after ten days from the date of its adoption, unless an appeal has been filed. In the case of an appeal, the decision, if it has not been cancelled or not amended, shall enter into force on the date of the decision of the arbitral tribunal. 3. A decision on the outcome of the summary proceedings may be appealed to the appellate court within a period not exceeding ten days from the date of its adoption. It is a decision if it was the subject of an appeal court, or if the appellate court refused to reinstating the missed deadline for filing an appeal, and the ruling The appellate court of appeal may be appealed to the court of cassation only on the grounds provided for in article 288, part 4, of the present Code. "; 5) to supplement article 265-1 , to read: " Article 265-1. Suspension of the execution of judicial acts by the Court of Arbitration of Appeal 1. The arbitral tribunal of the court of appeal at the request of the persons involved has the right to suspend the execution of the court decisions taken by the arbitral tribunal of first instance, provided that the applicant has substantiated the impossibility or difficulty of doing so or provided the security provided for in Part 2 of this Article. 2. Enforcement of the arbitral tribunal's decision shall be suspended by the court of appeal when the person applying for the suspension is granted compensation to the other party in the case of possible damages (counter-security) By application to the deposit account of the arbitral tribunal of an appeal court in the amount of the disputed amount, or by providing a bank guarantee, surety or other financial security in the same amount. 3. The suspension of the execution of the court act or of the refusal to suspend the arbitral tribunal shall render a determination within three days from the date on which the application is made to the court. The decision may be appealed to the Court of Cassation. The content of this definition may be set out in the definition of an appeal to the court. A Copy of the definition is sent to the persons involved in the case. 4. The execution of the judgement shall be suspended until the court of appeal of the ruling on the outcome of the appeal is accepted by the court of appeal, unless the court establishes a different period of suspension. "; 6) supplement article 272-1 as follows: " Article 272-1. Appeal appeals against the decision of the Arbitration Court of Arbitration of the simplified production 1. Appellate appeals against the decisions of the arbitral tribunal in summary proceedings are heard by the court of appeal by the judge alone on the evidence in the case. 2. Further evidence in summary proceedings by the appellate court is not accepted unless, in accordance with the provisions of article 268, part 6, of the present Code, The arbitral tribunal shall hear cases pursuant to the rules established for the consideration of cases before the arbitral tribunal of first instance. ". Article 2 This Federal Act shall enter into force on the expiry of the ninetieth day. after the date of its official publication. President of the Russian Federation Vladimir Putin Moscow, Kremlin 25 June 2012 N 86-FZ