Rational period of court examination: changing Article 6.1 of the Russian Federation Civil Procedural Code

The article presents the concept of the rationalperiod of court examination. The method of calculating it is shown. It is noticed that its calculation and calculation of the general term ofcourt examination for civil cases provided by part 1 Article 154 of the Civil Procedural Code of the Russian Federation (the RF CPC)lacks consistency. A solution to the problem is given. Poor regulation of the order of faster legal investigation petition resolution is emphasized.It is provided by part 7 Article 6.1 of the RF CPC. The author introduces amendment proposals into the stated article. Thepressing questions of the civil procedure law are considered. Works of domestic and foreign researchers are broadly used. On January 1,2012, a Federal law № 353-FZ "On amendments in the Civil Procedural Code of the Russian Federation" of September 12, 2010, whichprovides creation of the appeal instance in civil legal proceedings, comes into force, reforming the cassation order of the appeal of judicialdecisions. Article 331 of the RF CPC in the edition of the law provides that definitions of the first instance courts can be appealedagainst in the court of appeal separately from the judgment in cases provided by the RF CPC, or when court definition excludes the possibilityof further consideration of a case. Thus, it is proposed to introduce the following amendments to Article 6.1 of the RF CPC:1) supply part 3, Article 6.1 with indications that for magistrates the rational period of court examination includes the period from theday of having the writ / petition till the day of making the last legal provision on the case; 2) supply part 7, Article 6.1 with indicationsthat faster legal investigation petition should be considered by the chief judge in court with a subpoena to the interested parties withinfive days from the date the petition comes to court; 3) introduce a proposal in part 7, Article 6.1 that the copy of the decision is directedto the declarant within three days after its rendition.

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