Review of legislation in litigation proceedings

Federal Law No.41-FZ “On amending certain legislative acts of the Russian Federation” dated March 08, 2015, providing an opportunity to draw up enforcement documents in electronic form continued a tendency of “electrification” of the Russian litigation system.

The adopted law amends the Criminal Procedural Code, Administrative Offences Code, Arbitration Procedural Code, Civil Procedural Code and the law “On enforcement proceedings.”

The amendments include the following:

• Decisions on administrative offences cases can now be made and sent for execution in the form of electronic documents (including through an interagency interaction system). Such document must be signed using an enhanced encrypted and certified digital signature of the judge, official or the person presiding at the meeting of the collegiate body adopting the decision.
• Within the frameworks of arbitration and civil proceedings, the court can send for execution an enforcement order in form of an electronic document signed using an enhanced encrypted and certified digital signature. Within criminal proceeding, the court can also send an enforcement order signed using an enhanced encrypted and certified digital signature with a copy of the decision to the court bailiff in the form of an electronic document.
• A court of general jurisdiction can send court orders in form of electronic documents signed using an enhanced encrypted and certified digital signature to the court bailiff on request of an applicant.
• Motions, explanations, challenges and complaints can be submitted by a party of enforcement proceeding to the court bailiff in form of an electronic document signed using a digital signature.

Considering the amendments made to the law “On enforcement proceedings,” any enforcement documents in addition to those specified above, can also be sent in the form of electronic documents.

In the event it is necessary to send or use a hardcopy of an enforcement document sent in form of an electronic documents, the court bailiff, as well as judge, person presiding at a meeting of a collegiate body or official, if the proceedings are within the frameworks of the Administrative Offences Code, shall make a hardcopy document.

The requirements for the format of the electronic document to be sent within the frameworks of the law concerned are to be established by the Government of the Russian Federation.

Such introductions are certainly aimed at reducing excessive document workflow and decreasing the level of bureaucratization of the court enforcement system, which would certainly be an improvement. At the same time, it is extremely hard to believe that the officials, in particular court bailiffs, will readily use these new methods in practice any time soon. Unfortunately, as practice shows, quite the contrary is likely: the bureaucratic system will use all available ways to continue working in the same old regime, ignoring new amendments for as long as possible.

Federal Law No.41-FZ “On amending certain legislative acts of the Russian Federation” dated March 08, 2015. 

Игорь Горохов    Старший юрист   Санкт-Петербург   igorokhov@cls.ru   Тел.: +7 (812) 346 79 90

Additional notes

Should any questions arise in connection with the above or if you need any additional materials, please contact Igor Gorokhov, St. Petersburg Office of Capital Legal Services.

This Information letter keeps the clients of Capital Legal Services and other interested parties abreast of information that may, to any extent, affect their activity or cater to their particular interests. The opinions and commentaries expressed in this information letter shall not be deemed as legal opinions and do not cancel the need to obtain legal advice or legal opinion on separate issues.