Changes in the agro-industrial complex of the Russian Federation
1.1. A mandatory claim procedure is being introduced for resolving disputes before filing a claim in court.
According to the new procedure, you can now go to court only 30 days after sending the claim to the counterparty, unless a different period is established by agreement or law. In case of failure to comply with this order, the statement of claim will be returned.
Pre-trial procedure will not be mandatory in cases of challenging arbitration decisions, establishing facts of legal significance, as well as insolvency (bankruptcy) and some other categories of cases.
1.2. The Arbitration Procedure Code of the Russian Federation has been supplemented with Chapter 29.1 “Order Proceedings”
In accordance with the amendments, a court order is a judicial act issued by a single judge on the basis of an application for the recovery of sums of money according to the claims of the claimant.
A court order is at the same time an executive document and is executed in the manner established for the execution of court decisions.
A court order in arbitration proceedings will be issued only for a certain category of cases, for example, due to non-fulfillment or improper fulfillment of a contract, if the value of the stated claims does not exceed 400 thousand rubles. A court order is issued without summoning the claimant and the debtor and without conducting a trial within 10 days from the date of receipt of the application for its issuance.
Until June 1, 2016, writ proceedings were used only in civil proceedings.
1.3. The arbitration court will be able to make private rulings
If, during the consideration of a case, cases are identified that require the elimination of violations of the legislation of the Russian Federation by a state body, a local government body, another body, an organization vested by federal law with certain state or other public powers, an official, a lawyer, a subject of professional activity, the arbitration court has the right to make a private decision.