Russian Federation On Amendments to the Code of Arbitration of the Russian Federation , adopted by the State Duma on February 16, 2016 Approved by the Federation Council on 26 February 2016 Article 1 Amend the Code of Arbitration Procedure of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 30, 100. 3012; 2006, N 1, est. 8; 2007, N 41, sect. 4845; 2008, N 24, sect. 2798; 2009, No. 29, sect. 3642; 2010, N 18, sect. 2145; N 31, st. 4197; N 52, sect. 6994; 2011, No. 29, sect. 4291, 4301; N 50, sect. 7364; 2012, N 26, est. 3439; 2014, N 26, est. 3392; 2015, N 1, st. 29; N 10, est. 1411; N 27, sect. 3945; 2016, N 1, est. (29) The following changes: 1) in Article 4: (a) Paragraph 3 of Part 4, after the words "for special production", add the words ", in the case of a particular proceeding"; (b) Part 5, amend to read: " 5. A dispute arising out of civil relations may be referred to the arbitral tribunal after the parties have taken measures for a pre-trial settlement after 30 calendar days from the date of submission of the claim (claims), if other The period and (or) order is not established by law or by a treaty, except for the establishment of facts of legal significance, the awarding of compensation for violation of the right to a trial within a reasonable period of time or the right to execution of a court acts within a reasonable time, insolvency (bankruptcy), corporate cases disputes, cases of protection of the rights and legitimate interests of a group of persons, cases of early termination of legal protection of a trademark because of its non-use, cases of challenges to the decisions of the arbitral tribunals. Economic disputes arising from administrative and other public relations may be referred to the arbitral tribunal after the pretrial settlement of the dispute is observed, if it is established by federal law. "; (2) Article 15 should read: Article 15. Judicial certificates of the arbitral tribunal, the Supreme Court of the Russian Federation 1. The arbitral tribunal shall take legal action in the form of a court order, decision, order, determination. 2. The court act handed down by the arbitral tribunal of first instance in the order of execution shall be referred to as a court order. The Judicial Act, which was adopted by the arbitral tribunal of first instance in the merits of the case, shall be referred to as the judgement. 3. Judicial decisions of courts of appeal and courts of cassation formed in accordance with the Federal Constitutional Act of 28 April 1995 No. 1-FCC "On arbitration courts in the Russian Federation", by The results of appeals and cassation proceedings are referred to as rulings. The judicial acts issued by the Supreme Court of the Russian Federation on the basis of the review of the cassation appeal are referred to as definitions in the manner prescribed by articles 291-1 to 291-15 of the present Code. The judicial acts adopted by the Presidium of the Supreme Court of the Russian Federation on the basis of the examination of the supervisory review proceedings are referred to in the order established by articles 308-1-1-308-13 of this Code. All other court decisions of arbitral tribunals taken in the course of the proceedings are called definitions. 4. Judicial orders, decisions, orders, determinations must be lawful, reasonable and motivated. "; 3) in paragraph 8, paragraph 8, of article 125 of the word", if it is provided for by a federal law or treaty " delete; 4) in article 126, part 1, paragraph 7, of the words ", if provided for by a federal law or by a treaty", to read "unless otherwise provided for by federal law"; 5) Part 1 Article 129 to supplement paragraph 5 with the following: " 5) by the plaintiff the claim or other pre-trial procedure for the settlement of the dispute with the respondent, if such order is mandatory by law. "; 6) in paragraph 2 of article 148, paragraph 2, of the words", if so provided by a federal law or "to be replaced by the words", except where its compliance is not provided for by federal law "; 7) in article 180: (a) the title should read: " Article 180. Entry into legal force of decision, court order "; b) to be supplemented by Part 4, reading: " 4. The order issued in the case of the registered proceedings shall enter into force on time and in accordance with the procedure set out in Chapter 29-1 of this Code. "; 8) in article 182: (a) the name should read: " Article 182. Execution, judicial order "; b) to be completed with Part 1-1, as follows: " 1-1. The order issued in the case of the registered proceedings shall be executed after the entry into force of the order. "; 9) Chapter 21, to be supplemented by article 188-1 as follows: " Article 188-1. Private definitions 1. In the course of the examination of cases, which require the elimination of the violation of the legislation of the Russian Federation by a public authority, a local government body, another body, an organization with a federal law State or other public authority, official, counsel, subject of professional activity, the arbitral tribunal has the right to make a private determination. 2. The private definition of the arbitral tribunal shall be sent to the appropriate authority, an organization vested with federal law by individual public or other public powers, an official, and in the event of a violation of the law of the Russian Federation. The Federation is a lawyer, a subject of professional activity and a self-regulating entity, respectively, who are obliged to report on the measures they have taken within a month of receipt. 3. The failure to comply with the private definition of the arbitral tribunal shall entail the liability provided for in the legislation of the Russian Federation. The prosecution of those referred to in part 1 of this article shall not relieve them of their obligation to report on the measures taken on the private definition of the arbitral tribunal. "; 10), paragraph 2, of article 189, after the words" shall be submitted to the arbitral tribunal " to supplement the words "after the pre-trial procedure, if it is established by federal law,"; 11), article 212, paragraph 1, after the words "provided for in this Code," shall be supplemented by the words " or by the order of an order of execution, provided for in Chapter 29-1 of this Code, "; 12) in the article 227: (a) in Part 1: , paragraph 1, amend to read: " 1) on claims for the recovery of money if the price of a claim does not exceed five hundred thousand rubles for legal persons, for individuals 200 thousand roubles; "; , paragraph 5, amend to read: " (5) to collect mandatory payments and sanctions if the total amount of money to be collected is from a hundred thousand to two hundred thousand roubles. "; b) Part 2, set out the following editions: " 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 the documents proving the arrears of the contract, except for cases in order of execution; 2) on claims based on a perfect notary of the promissory note in the non-payment, Non-Acceptance and undated acceptance, except in cases considered in the order "; 13) Article 229 should be amended to read: " Article 229. A decision in a case in the order of simplified production 1. The decision of the arbitral tribunal in a summary proceeding shall be taken immediately after the hearing of the case by the judicial part of the decision and is attached to the case. The operative part of the decision taken on the results of the case is posted on the official website of the arbitral tribunal on the Internet no later than the day following its adoption. The arbitral tribunal shall, in accordance with the rules set out in articles 201, 206, 211 and 216 of this Code, decide on cases arising from administrative and other public relations and summary proceedings. 2. According to the person participating in the case, the arbitral tribunal shall formulate a reasoned decision in the case of summary proceedings. A statement of a reasoned decision of the arbitral tribunal may be made within five days from the date on which the summary decision is posted on the official website of the arbitral tribunal in Internet Information and Telecommunications Network. In this case, the arbitral tribunal shall decide according to the rules set out in Chapter 20 of this Code, unless otherwise stipulated by this Chapter. The Motorcycle decision of the arbitral tribunal shall be made within five days from the date of receipt of the application by the person involved in the case. 3. The decision of the arbitral tribunal in the summary proceedings is subject to immediate execution. The decision shall enter into force at the expiration of fifteen days from the date of its adoption, unless an appeal has been filed. In the case of a reasoned decision of the arbitral tribunal, such a decision shall enter into force after the expiry of the time limit established for the filing of the appeal. In the case of an appeal, the decision of the arbitral tribunal of first instance, if it has not been revoked or amended, shall enter into force on the date of the decision of the arbitral tribunal. 4. The decision of the arbitral tribunal of first instance following proceedings in summary proceedings may be appealed to the appellate court within a period not exceeding fifteen days from the date of its adoption and, in the case of -Drafting of a reasoned decision of the arbitral tribunal-from the date of the decision in full. 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 arbitral tribunal of the appellate instance adopted in the present case may be appealed to the court of cassation only on the grounds provided for in article 288, part 4, of the present Code. "; 14) to supplement the chapter 29-1 , to read: " Chapter 29-1. DIRECT PRODUCTION Article 229-1. Order 1. The court order is a judicial act issued by a judge alone on the basis of an application for payment of sums of money on the basis of claims of the prospector provided for in article 229-2 of this Code. 2. The court order is both an executive order and is enforced in accordance with the procedure established for the enforcement of judgements. Article 229-2. Cases of order manufacture Judicial orders are issued in cases where: 1) the requirements are inferred from non-performance or improper performance of the contract and are based on the documents submitted by the court The monetary obligations that the debtor recognizes but are not honoured if the price of the claimed claims does not exceed four hundred thousand roubles; (2) the claim is based on the notary's protest of the promissory note in the non-payment, not acceptance, and in the case of acceptance, if the price of the claimed claim does not exceed four hundred "If the total amount of the monetary amount to be recovered does not exceed 100 thousand rubles," he said. Article 229-3. Form and content of the application for extradition judicial order 1. An application for a writ of writ and attached documents may be submitted to the arbitral tribunal on paper or electronically, including in the form of an electronic document signed by an electronic signature in OF THE PRESIDENT OF THE RUSSIAN FEDERATION The application for a court order must specify: 1) the name of the arbitral tribunal to which the application is filed; 2) the name of the prospector, its place of residence or location, the identification number the taxpayer, the main public registration number, the bank and other necessary details; 3) the name of the debtor, his place of residence or the location of the debtor, and the date and place of birth, the place of birth work (if known), taxpayer identification number, The main State registration number, bank and other necessary details; 4) the requirements of the collection and the circumstances on which they are based; 5) proof of validity of the requirement of the prospector; 6) list of attached documents. 3. A request for a writ shall be signed by the prospector or his representative. A copy of the document confirming his or her credentials is attached to the application for the issuance of a writ by the representative. 4. The application for the issuance of a writ is accompanied by a document confirming the payment of the State duty, as well as a notice of service or other documents confirming the transmission of a copy of the application for the issuance of a writ to the debtor. Article 229-4. Grounds for the return of the application for extradition judicial order 1. The arbitral tribunal shall issue an application for a court order in the event of a violation of the form and content of the application for a judicial order established by article 229-3 of this Code, and also in cases where: 1) the case outside the jurisdiction of the arbitral tribunal; 2) prior to the determination of the application for the issuance of the writ of the court order, the request for the return of the application was filed; 3) Article 229-2 of this Code; 4) The location of the debtor is outside the Russian Federation; 5) of the application for the issuance of a writ and attached documents is considered to be a dispute on the law. 2. The arbitral tribunal shall determine the return of the application for a court order within three days from the date of receipt of the application to the court. 3. The return of the application for a court order based on the grounds set out in paragraphs 3 to 5 of Part 1 of this article shall prevent the reapplication to the arbitral tribunal of the same application for the issuance of a writ of writ. Article 2295. The order of execution 1. The statements on the cases of registered proceedings shall be receivable by arbitration courts on the basis of the general rules of jurisdiction established by this Code. 2. The issuance of an application for the issuance of a writ of court orders the court to determine the case in the order of the registered proceedings. In the definition, the court may offer the debtor to settle the dispute independently, pointing to the possibility of reconciliation. The determination made by the arbitral tribunal following the consideration of the issuance of an application for a court order is placed on the official website of the arbitral tribunal on the Internet Information and Telecommunications Network (INTERNET) of the following day after the day of its delivery. 3. A writ of summary proceedings shall be ordered by the arbitral tribunal within ten days from the date of receipt of the application for a judicial order to the arbitral tribunal. 4. A court order is issued without calling or by the debtor and without trial. The Court shall examine the allegations made in the extraditing body for the issuance of the writ and the documents annexed to it in support of the person's position and makes a judicial order based on the evidence submitted. A copy of the court order within five days from the date of the issuance of the court order is sent to the debtor, who, within ten days from the date of receipt, is entitled to file an objection to the execution of the court order. The court order is placed on the official website of the arbitral tribunal in the Internet Information and Telecommunications Network no later than the following day after the day of its delivery. 5. A court order is to be revoked by a judge, if the debtor, within the time specified in paragraph 4 of this article, receives an objection to its execution. In the determination of the court to set aside the court order, it is stated that the claimed amount of the claim may be filed in the course of the proceedings. A copy of the court ruling shall be sent to the prospector and the debtor within a period not exceeding five days from the date of its issuance. The definition is posted on the official website of the arbitral tribunal in the Internet Information and Telecommunications Network no later than the day following the day of its issuance. 6. In the event that the debtor's objections entered the court after the expiry of the time limit, they shall not be examined by the arbitral tribunal and returned to the person to whom they have been filed, unless the person has justified the impossibility of the submission Objections within the specified time limit for reasons beyond its control. The court rules on the return of the documents containing the debtor's objections. 7. In the event that an objection is not filed within the time limit by the debtor, a second copy of the court order, certified by the seal of the court, shall be issued for execution. Upon request, a court order may be ordered by the court for execution by the bailiff. A court order may be ordered by a court to the bailiff in the form of an electronic document signed by a judge with an enhanced electronic signature, in accordance with the procedure established by the law of the Russian Federation. 8. The rules laid down in chapter 8, articles 128, 132, chapters 14, 16, 17, 18 and 19 of this Code are not applicable in the execution of the contract. 9. In the event of the payment of the State fee from the debtor, an executive order is issued on the basis of the court order, which is certified by the seal of the court and is sent by the court for execution in that part of the court. I'll put the bailiff on it. 10. The order shall enter into force after ten days from the date of expiry of the time limit for the submission of objections to the execution of the court order. 11. A judicial order may be appealed to the cassation court within the time limit prescribed by article 276 of this Code and is subject to review by the rules of chapter 35 of the present Code, taking into account the special circumstances provided for in article 288-1 of the present Code. Code. Article 229-6. The content of the court order 1. The court order specifies: 1) the case number and the date of the order; 2) the name of the arbitral tribunal, the surname and initials of the judge who issued the court order; 3) the name, place of residence, or the location of the prospector; 4) the name, place of residence or location of the debtor, and for the debtor, the date and place of birth, place of work (if known); 5) laws and other regulatory legal acts, in which the court was satisfied with the requirement; 6) the amount to be recovered; 7) the size of the penalty if prescribed by the federal law or by the treaty and the size of the penalties, if any; Recovery from the debtor in favour of the collecting or income of the relevant budget; 9) bank account details of the prospector to which the funds to be recovered should be listed in the event that the recovery is made on OF THE PRESIDENT OF THE RUSSIAN FEDERATION (10) The period for which the claimed amounts are being charged for instalments or periodic payments. 2. The order shall be drawn up on a special form in two copies, which shall be signed by the judge. One copy remains in the case file. The debtor makes a copy of the court order. "; (15) in article 273: (a), after the words" entered into force ", add the words" court orders rendered by the arbitral tribunal of first instance "; (b) To be supplemented by Part 2-1 as follows: " 2-1. Judicial orders entered into by the arbitral tribunal of first instance may be appealed in cassation proceedings under the rules set out in this chapter, taking into account the features established by article 288-1 of this Code. "; 16) of article 276, paragraph 1, after the words" from the date of entry into the legal force of the challenged "by the words" judicial order, "; 17) in article 288: (a) the name should read as follows: " Article 288. The grounds for the revocation of the court order, change or cancellation of the decision, the ruling of the First and Appellate Court "; b, the first part of the paragraph 4 should read as follows: " 4. The grounds for setting aside the court order, the decision, the ruling of the arbitral tribunal in any case are: "; 18) to supplement article 288-1 as follows: " Article 288-1. The special features of the cassational proceedings, related to the revision of the court order that entered into force 1. The court orders of the first instance may be appealed by way of cassation proceedings in accordance with the rules laid down in this chapter, taking into account the characteristics set out in this article. 2. A cassation appeal against the court order is examined by the judge of the court of cassation, solely within fifteen days of the date on which the appeal of the cassation appeal is filed with the Court of Cassation. As a result of the review of the cassation appeal against the court order, the judge of the arbitral tribunal, subject to the grounds set out in Part 4 of this article, shall rule on the referral of the complaint with the case for consideration The judicial act complained of in the court session of the Court of Cassation. The definition is not subject to further appeal. In the absence of the grounds provided for in paragraph 4 of this article, the judge shall rule on the refusal to submit a complaint with the case for consideration of the judicial act complained of in court. The definition is not subject to further appeal. 3. The judicial review of the cassation appeal is conducted without summoning the persons involved in the case. In view of the nature and complexity of the issue at issue, as well as the arguments of the cassation appeal and the objections to the appeal in cassation, the persons involved in the case may be summoned to a hearing. 4. The grounds for review by way of judicial review of a court order which has entered into force are violations of the procedural law which, in article 288, part 4, of this Code is listed as grounds for revocation of the court order. 5. The court of cassation verifies the lawfulness of the court order, establishing the correctness of the application of the rules of substantive law and the rules of procedural law when making a court order and based on the arguments in cassation Complaints and objections to the complaint. 6. On the basis of the review of the cassation appeal against the judicial order, the court of cassation has the right: (1) to leave the court order without modification, and the cassation appeal without satisfaction; 2) to cancel the court order and to discontinue proceedings under article 282 of this Code, or to leave a cassation appeal without review of article 148 of this Code; 3) to cancel the court order and refer the case to a new one. Consideration if there are grounds referred to in Part 4 of this Article; 4) to withdraw the court order and to order the refusal of a court order, stating in the definition of the right to waive the right of action. "; 19) in article 289: (a) Part 2 should read: " 2. The judgement of the cassation court must specify: 1) the name of the court of cassation, the composition of the court which issued the order; 2) the number of the case, the date and place of the decision; 3) the name of the person who filed the cassation appeal, its procedural position; 4) the names of the persons involved; 5) the subject of the dispute; 6) the names of the persons present at the court hearing, of their powers; 7) the names of the arbitrators The courts, which dealt with the case at first and appellate instances; the date on which the court orders, decisions, orders; the names of the judges who accepted them; 8) summaries of the decisions taken in the case, the court order, Orders; 9) the grounds on which the cassation appeal claims the legality of the decision, the court order, the ruling; 10) the arguments set out in the revocation of the appeal; 11) Explanation of the persons involved in the case and present at the hearing; 12) laws and other normative legal acts which were applied by the court of cassation in the adoption of an order; the reasons for the decision; the grounds on which the court did not apply the laws and other regulatory legal acts, who referred to the persons involved in the case; 13) the grounds on which the court of cassation did not agree with the findings of the arbitral tribunals of the first and appellate instances, if their decision, court order, was overturned in whole or in part; 14) conclusions on the review of the complaints; 15) the actions to be taken by the persons involved and the arbitral tribunal of the first or appellate instance if the case is referred to the new examination. "; b) to be completed by Part 2-1 of the following table of contents: " 2-1. The instructions of the cassation court, including the interpretation of the law, set out in its ruling on the annulment of the decision, the court order, the decisions of the arbitral tribunals of the first instance and the court of appeal, are binding on the arbitral tribunal, (art. 291), para. 1 (a), (1) (a), (c), (c), (c), (c), (c), (c), (c) and (c) Decisions and definitions of arbitral tribunals of the republics, regions, obles, cities of federal significance, autonomous regions, autonomous regions; rulings and definitions of arbitration courts of appeal; decisions and definitions the courts of first instance; the judgements and rulings of the Court of First Instance; the definitions of arbitral tribunals of the Districts and the Court of Intellectual Rights issued by them in the proceedings of the Court of Cassation, if the acts in respect of which the Code is The appeal to the Court of Cassation, established by the Federal Constitutional Act of 28 April 1995 No. 1 on Arbitration Courts in the Russian Federation, has been appealed to the Court of Cassation. Procedure; orders and definitions of arbitral tribunals of the districts and the Court of Intellectual Rights issued on the basis of the examination of the appeal in cassation (appeals) may be appealed to the Judicial Chamber of the Supreme Court of the Russian Federation in the order of of the Court of Cassation, in whole or in part by the persons involved in the case, and Other persons, in the cases provided for in this Code, if they believe that the impugned judicial acts contain material violations of the substantive law and (or) procedural law affecting the outcome of the trial Proceedings and resulting in violation of their rights and legitimate interests in business and other economic activities. Courts of arbitral tribunals which have entered into force, in respect of which the present Code may appeal to the cassation court established by the Federal Constitutional Act of 28 April 1995: No. 1-FKZ "Arbitration courts in the Russian Federation", if they were subject to appeal before an appellate court and an order of the arbitral tribunal of the court of appeal in this case, can be appealed to the Judicial Chamber of the Supreme Court of the Russian Federation. Federation. "; 21) Paragraph 2 of Article 308-1, amend to read: " Following the review of the request for reinstatement of the missed deadline for the filing of supervisory complaints, the judge shall issue a definition of Refusal to restore the missed deadline for the filing of supervisory complaints, the submission or the restoration of the complaint. "; 22) article 310, paragraph 1, after the words" the legal order, "to be supplemented by the words" the court order, "after the words" accepted these " "to supplement the words of the court order,"; (23) Part 1 of the article 317 after the words "the legal force of the decision," to supplement the words "court order,"; 24), article 319, paragraph 1, with the following paragraph: " The issuance of a court order for execution shall be by the rules; provided for in Chapter 29-1 of this Code. ". Article 2 This Federal Law shall enter into force 90 days after its official publication. President of the Russian Federation Vladimir Putin Moscow, Kremlin 2 March 2016 N 47-FZ