Summary Proceedings in Civil Cases: a New Treatise Published in Russia

In late autumn 2013 Infotropic Media publishing house released a treatise “Summary proceedings in civil cases” (in Russian language). The author of this book is Zoya Papulova, a young researcher and a practicing lawyer in Yekaterinburg (Southern Urals). The general editor of the book is meritorious jurist of Russia, doctor of law professor Irina Reshetnikova.

The author analyses three types of judicial proceedings: default judgment, court order and simplified proceedings. The first and the second of them aim to resolve cases involving individuals, whereas the last of them focuses on business disputes. It is practiced in commercial courts, both when all litigants are Russian or when one of them is foreign.
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This book explores and explains the major issues associated with this type of dispute resolution and provides plenty of practical advice to the litigants.

Cases which can be resolved through simplified proceedings

Simplified court proceedings have been recently reformed and now it is the most innovative element of Russian civil procedure. Among the business disputes, heard according of these rules, are cases, in which the maximum amount of claim for companies is 300 000 rubles (about 9 000 USD) and for solo entrepreneurs 100 000 rubles (about 3 000 USD).
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Apart from that, simplified proceedings apply, regardless of the amount of claim:

where the claimant submits documents confirming respondent’s monetary obligations, which the latter does not dispute but merely fails to pay;

where the claimant produces a bill of exchange duly noted by the notary public.

The categories of the cases that can be heard according to these rules are numerous. Their list is non-exhaustive. However, simplified proceedings are inapplicable to corporate disputes and class actions.

Useful peculiarities of the new book

This book provides a lot of useful information on theoretical and practical aspects of simplified proceedings. The author deals with characteristics of this new mechanism and demonstrates its main features:

• it is a variation of default judgment, where litigants don`t appear at court;
• it is a purely documentary procedure – the judge analyses evidence and examines the litigants` positions basing upon pleadings of the case without any oral speech and trial testimony;
• the judgment comes into effect immediately;
• the procedure is electronic: litigants send their submissions and evidence to the court through the Internet and receive service of pleadings etc. only by e-technologies;
• there are clear-cut rules on procedural responsibility, including for violation of the procedural deadlines.

The treatise evaluates case law and controversial issues existing today in managing cases through simplified proceedings. Furthermore, Ms Papulova suggests her solutions for such issues.

The author provides a lot of examples from international practices and compares it with Russian experience.

Intelligible style and plain language of this book allow to explain complicated matters of modern Russian civil procedure.

A result of a thorough research, this book can be quite useful for academic and practicing lawyers both Russian and foreign, as it demonstrates how each part fits into the whole under simplified proceedings.

The book was prepared on the basis of legislation, case law and legal doctrine as of October 2013. you can see detailed information on the book including the table of contents (in Russian) and a sample chapter here.