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Head of the judicial practice of the legal firm PARADIGMA, Andrey Toryannikov, presented to the media his expert view on the recently issued ruling of the Supreme Court of the Russian Federation. In the ruling, the Supreme Court has noted that when considering an appeal against the decision of the arbitration court that is issued in summary proceedings the appeal court is not dependent on the existence or lack of a reasoning in the decision, but it must reflect the motives for which he came to his conclusions in the judicial act.
"From the point of view of the arbitration process it is obvious that the granting of the right to the court to limit itself to issuing only the resolutive part of the decision when considering the case in summary proceedings is aimed at speeding up the review of certain categories of cases. At the same time, all parties to the process understand the consequences of issuing such a decision: this is an immediate entry into force, and a shortened time for appeal, and the opportunity to demand a reasoning of the decision, "- said the head of the litigation practice of the legal firm PARADIGMA, Andrey Toryannikov.
As the expert explains, the practice shows that consideration of the case in an appeal instance takes much less time comparing to the consideration of the case in a court of first instance. This is due to the fact that the court usually limits itself to a shallow study of the case materials and formally approaches the execution of the provisions of Ch. 35 of the Code of Arbitration Procedure of the Russian Federation concerning the proceedings in the arbitration court of the appeal instance, and in particular, the duty of the court in the appeal instance to reconsider the case.
«However, in any case the court must explain the motives on which it based the decision. It is related to the fact that only the courts of first instance have a right not to issue a reasoning of the decision during summary legal proceedings and it does not affect the duty of the higher courts to indicate the reasoning. Non-performance of the said duties by the appeal court served as the basis for the Supreme Court's cancellation of judicial acts of the appeal and cassation instances,» Andrey Toryannikov explained.
He also noted that as in the Code of Arbitration Procedure of the Russian Federation there is no direct indication that the appeal court can issue only a resolutive part of the judicial act, the court in fact had to indicate the reasons for which he rejected the complaint in the ruling, and also to refer to the applicable rules of law, which was not done.
Andrey Toryannikov pointed out that the ruling of the Supreme Court of the Russian Federation is aimed at drawing the attention of the courts to the need to pay more attention to compliance with procedural norms. He added that in order to avoid repeating similar mistakes of the courts in the future, it might be reasonable to make relevant changes in the Code of Arbitration procedure of the Russian Federation and oblige the parties to demand the preparation of a reasoned decision in case of appealing it - in order to "facilitate the life" of the appeal courts.
You can read more on this article by clicking on the link below: http://www.advgazeta.ru/novosti/vs-ukazal-kak-apellyatsiya-dolzhna-rassmatrivat-zhaloby-na-resheniya-bez-motivirovki/