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Regular version of the site

Article

«Суд скорый, правый, милостивый»: полтора века в поисках AUREA MEDIOCRITAS

Вестник гражданского процесса. 2018. Т. 8. № 1. С. 347-370.
Смола А. А., Тай Ю. В.

The authors of the article analyze the bill brought in by the Supreme Court of the Russian Federation to the State Duma in early October of 2017. This bill is aimed at reforming the procedural legislation in a number of areas, but the subject of the study is amendments to the Civil Procedure Code and the Arbitration Procedure Code of the Russian Federation. In particular, the background of the amendments proposed in the bill, the correlation of the proposals with the current provisions of the law and the contradictions are revealed, the consequences of adopting new provisions are predicted. The first part of the article is devoted to the recusal of a judge, notices of process, expedited procedures (summary and writ proceedings), and the review under new circumstances as a result of changes in the highest court’s interpretation of the law. Proposals concerning jurisdiction, representation, cancellation of the statement of reasons as an obligatory component of the judicial acts and some others will be considered in the second part of the article. The first part also outlines some alternative proposals for resolving the problems the judicial system is facing at present - they will be described in more detail following the results of the analysis.