Results of the reform of simplified proceedings in arbitration

In the article the author carries out the analysis of the changes made to the Arbitration Procedure Code of the Russian Federation by the Federal Law No. 86-FZ "On amendments to the Arbitration Procedure Code of the Russian Federation to improve simplified proceedings" of June 25, 2012. It is noted that before the reform of simplified proceedings arbitration courts faced a set of problems caused by an insufficient readiness of simplified proceedings, and also lack of uniformity in questions of interpretation of the norms regulating the simplified order of case hearings. The analysis of judicial practice led to a conclusion about the expediency of modernization of the existing procedural rules in order to implement the capacity of simplified proceedings. The reform of simplified proceedings significantly changed the rules of case hearings by arbitration courts in the simplified order. The basic novelties of simplified proceedings are: 1) substantial expansion of simplified proceedings; 2) establishment of a number of restrictions on the application of simplified proceedings; 3) determination of the mechanism of the transition from simplified proceedings to normal in case of complicating factors emergence; 4) establishment of specific procedural terms; 5) fixation in law of the use of electronic data interchange; 6) establishment of a shortened period for entry of the decision into legal force - ten days, as well as immediate execution of the decision; 7) changes in the procedure for appealing decisions taken in simplified proceedings. Besides, in this article the author points to some unsettled questions in connection with the recent introduction of the considered norms and rules. One of such questions is the problem of regulation of third persons' participation in simplified proceedings. Anther problem is the obligatory application of the general rules of litigation or rules of administrative legal proceedings in case the court does not ratify the settlement agreement. There are a number of questions on the appeal of decisions made in simplified proceedings. An unresolved question is the order of statement and petition consideration filed after the performance of a judicial act on the merits of the dispute considered in the simplified order. In the conclusion the author states that the revised Chapter 29 of the Arbitration Procedure Code of the Russian Federation is the first serious steps of lawmakers to consolidate responsibility for the improper performance of procedural duties in order to organize economic justice at the highest professional level, following international standards.

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