1. Changes in the Arbitrazh Procedure Code
1.1. Introduce mandatory Complaint settlement of disputes before filing a claim in court
According to the new order in the court now, you can only apply 30 days after sending the claim to contractor, unless the contract or the law does not set a different deadline. In case of default this order – claim will be returned.
The pretrial order will not be mandatory in cases challenging decisions of the arbitral Tribunal, establishment of facts of legal significance, as well as insolvency (bankruptcy) and some other categories of cases.
1.2. APC supplemented chapter 29.1 “Writ production”
In accordance with the amended writ – judicial act adopted by a single judge on the basis of an application for the recovery of sums of money by the creditor requirements.
The court order is also an executive document and enforced in accordance with the procedure established for the execution of court decisions.
The court order in the arbitration proceedings will be issued only for a certain category of cases, for example, from non-performance or improper performance of the contract, if the price does not exceed the stated requirements of 400 thousand rubles. The court order shall be made without having to call the creditor and the debtor and without trial for 10 days from the date of receipt of the application for his extradition.
Prior to June 1, 2016 writ proceedings applied only in civil proceedings.
1.3. The arbitral tribunal will be able to make a particular decision
At revealing during consideration of cases of cases requiring removal of violations of legislation of the Russian Federation state bodies, local self-government, other authority, organization with a federal law with certain state or other public authority, official, lawyer, subject to the professional activity, the arbitral tribunal may make private definition.
The person against whom the particular definition should report on actions taken during the month. Failure to comply with the definition of private causes responsibility envisaged by the legislation of the Russian Federation. Accountability will not exempt a person from the obligation to report on the measures taken by the private definition.
1.4. It changed the procedure of summary proceedings in arbitration courts
According to the amendments to the Arbitrazh Procedure Code now summarily be considered the case on claims of about collecting money, if the claim is no more than 500 thousand rubles for legal entities and 250 rubles for individual entrepreneurs (previously 300 thousand rubles and 100,000 rubles, respectively).
The judgment in summary procedure will consist only of the operative part. A reasoned decision will make the court at the request of the person involved in the case.
To appeal against the decision given 15 days from the date of its adoption, and in the case of drawing up a reasoned decision – after the decision in its entirety
2. Changes in the Code of Civil Procedure of the Russian Federation
2.1. The court order will be issued if the value of claims not exceeding 500 thousand rubles.
According to the new rule of the court order in the court of general jurisdiction can be accessed if the recovery amount or the value of movable property is not more than 500 thousand rubles. Prior to the amendments of such restrictions was not.
Also added to the list of requirements by which a court order is issued, for example, it now can be issued at the request of debt collection to pay for public services and telephone.
2.2. The appearance of a summary procedure in civil proceedings
On June 1, a simplified manufacture and appears in the RF Code of Civil Procedure (previously this procedure was only available in the arbitration proceedings).
By way of summary proceedings will be dealt with the case, for example, the cash recovery or for the recovery of the property, on the recognition of property rights, if the price of the claim does not exceed 100 thousand rubles.
Consideration in the summary procedure are not subject to cases arising from administrative legal relations connected with the state secret, in disputes involving the rights of children and special proceedings.