The Supreme Court clarified the main points of simplified proceedings

(official current edition, full text of Article 232.1 of the Code of Civil Procedure of the Russian Federation)

Additional comment to the article

Article 232.1 of the Code of Civil Procedure of the Russian Federation establishes the procedure for simplified proceedings in civil cases in courts of general jurisdiction. The purpose of simplified proceedings is to bring together the systems of existing courts, unify the procedures and rules applied by these courts in the resolution of disputes.

In addition, simplified proceedings are designed to improve the quality and efficiency of justice. It establishes a similar procedure for the consideration by courts of general jurisdiction of cases of similar legal nature by introducing procedures successfully applied by arbitration courts.

Simplified proceedings in cases considered by the courts, along with writ and absentee proceedings, are one of the ways to speed up and optimize the process.

Simplified proceedings in civil proceedings are a type of claim proceedings characterized by:

1. truncated application of the principles of civil procedural law (the principle of oral proceedings is not applied);
2. consideration of the case in the absence of the parties;
3. in written form (only written evidence is examined).

Thus, simplified proceedings, on the one hand, contribute to achieving the goal of procedural saving of time and money of the court, as well as persons participating in civil proceedings, but at the same time, on the other hand, it does not in any way detract from the objectives of civil proceedings declared in Art. 2 of the Code of Civil Procedure of the Russian Federation, and does not violate the principles of civil procedural law.

Is there a procedure for simplified proceedings for considering a case under the Code of Civil Procedure of the Russian Federation?

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Federal Law of March 2, 2016 No. 45-FZ “On Amendments to the Civil Procedure Code of the Russian Federation and the Arbitration Procedure Code of the Russian Federation” The Civil Procedure Code of the Russian Federation (hereinafter referred to as the Code of Civil Procedure of the Russian Federation) has been supplemented with Chapter 21.1 “Simplified Proceedings”.

In accordance with Article 232.2. The following cases are subject to consideration under the Code of Civil Procedure of the Russian Federation under simplified proceedings:

- for claims for the recovery of funds or for the recovery of property, if the value of the claim does not exceed one hundred thousand rubles, except for cases considered in the order of writ proceedings;

- on claims for recognition of ownership rights, if the price of the claim does not exceed one hundred thousand rubles;

- on claims based on documents submitted by the plaintiff establishing the defendant’s monetary obligations, which are recognized by the defendant but not fulfilled, and (or) on documents confirming the debt under the contract, except for cases considered in the order of writ proceedings.

According to Part 3 of Art. 232.2. The Code of Civil Procedure of the Russian Federation is not subject to consideration under simplified proceedings:

— arising from administrative legal relations;

- related to state secrets;

— on disputes affecting children’s rights;

- special production.

In accordance with Part 2 of Art. 232.3. Code of Civil Procedure of the Russian Federation, the court issues a ruling on the acceptance of the statement of claim for proceedings, in which it indicates the consideration of the case in summary proceedings and sets a deadline for the parties to submit to the court considering the case and for them to send each other evidence and objections regarding the presented claims, which should not be less than fifteen days from the date of the relevant determination.

According to Part 5 of Art. Art. 232.3. The Code of Civil Procedure of the Russian Federation considers the case through summary proceedings without summoning the parties.

When considering a case through summary proceedings, the rules on keeping a record and on postponing the trial of the case do not apply. There is no preliminary hearing in cases considered under summary proceedings.

Thus, cases are considered through summary proceedings if the value of the claim does not exceed 100 thousand rubles.

Attention! The information provided in the article is current at the time of publication.

Mandatory summary proceedings in civil cases

For all the categories described below, it is mandatory to comply with the condition - the case should not be considered in the order of a writ (application for the issuance of a court order). Otherwise, the statement of claim will be returned. Therefore, if the court previously refused to issue a court order, the plaintiff attaches a copy of the relevant court ruling.

So, simplified proceedings in civil cases are applied if a claim is filed for:

• recovery of funds, as well as the recovery of property if the claim price does not exceed 100,000 rubles.
• recognition of ownership if the price of the claim does not exceed 100,000 rubles.
• debts under the contract or other monetary obligations established by the documents presented by the plaintiff, which the defendant acknowledges but does not fulfill.

Please note: if there are several claims (all of them relate to those that can be considered in a simplified manner), we calculate the sum of all claims.

Cancellation of the simplified procedure and transition to general claim proceedings

The court begins to consider the case in the manner of general claims proceedings at the request of a participant in the process or independently if there are circumstances that prevent the consideration of the case in a simplified form. These are:

1. Circumstances in which a simplified form of proceedings is legally impossible (the presence of information containing state secrets);
2. An increase in the amount of the claim price, which leads to exceeding the permissible limits;
3. The need for additional research;
4. Circumstances affecting the interests of third parties.

The transition to the general form of claim proceedings is accompanied by the issuance of an appropriate determination. It indicates the court's justification for the impossibility of conducting a summary procedure.

Simplified proceedings in civil proceedings. Part 1.

Summary:

1. Introduction.

2. Categories of cases subject to summary proceedings.

3. The procedure for considering cases in simplified proceedings.

4. Appealing court decisions made in summary proceedings.

1. Introduction

The introduction of a simplified form in civil proceedings is not just a positive, but a necessary phenomenon in modern conditions of a constant increase in the number of court cases.

From the analysis of the norms of Ch. 21.1 of the Code of Civil Procedure of the Russian Federation it follows that simplified proceedings, like a court order, are imperative, binding on the court and the parties in the established category of cases. Moreover, a significant part of these cases will be allowed by the court to be considered in the form of a claim and, accordingly, possibly in simplified proceedings, only after undergoing the now mandatory writ proceedings when the court order is canceled due to the objections of the debtor.

Currently, the procedure for applying the rules on simplified proceedings is explained in the Resolution of the Plenum of the Supreme Court of the Russian Federation dated April 18, 2017 No. 10 “On some issues of the application by courts of the provisions of the Civil Procedure Code of the Russian Federation and the Arbitration Procedure Code of the Russian Federation on simplified proceedings.” Paragraph 18 of this Resolution also states that if, according to formal criteria, the case belongs to the categories of cases named in Part 1 of Art. 232.2 of the Code of Civil Procedure of the Russian Federation, then it must be considered in a simplified procedure, as indicated in the determination to accept the statement of claim for proceedings, and the consent of the parties to consider this case in this manner is not required.

2. Categories of cases subject to summary proceedings.

Simplified proceedings based on the contents of Parts 1, 2 of Art. 232.2 of the Code of Civil Procedure of the Russian Federation was introduced to consider two categories of cases: cases with a small value of the claim and cases with undisputed claims.

According to Part 1, 2 Art. 232.2 of the Code of Civil Procedure of the Russian Federation, the following cases are subject to consideration under simplified proceedings:

1) for claims for the recovery of funds or for the recovery of property, if the price of the claim does not exceed one hundred thousand rubles, except for cases considered in the order of writ proceedings;

2) on claims for recognition of ownership rights, if the price of the claim does not exceed one hundred thousand rubles;

3) on claims based on documents submitted by the plaintiff establishing the defendant’s monetary obligations, which are recognized by the defendant but not fulfilled, and (or) on documents confirming the debt under the contract, except for cases considered in the order of writ proceedings.

At the request of a party with the consent of the other party or at the initiative of the court with the consent of the parties, the judge, when preparing a case for consideration, may make a ruling on consideration of other cases through summary proceedings.

According to the explanations in paragraph 5 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated April 18, 2017 N 10, the total amount of funds that are subject to collection through simplified proceedings includes the amounts of the principal debt, as well as the amounts of interest and penalties accrued on the basis of a federal law or agreement ( fine, penalty). The price of a claim considered by courts of general jurisdiction and consisting of several independent claims is determined by the sum of all claims. If several claims arising from civil legal relations are filed, one of which is of a property nature and relates to the claims subject to consideration in simplified proceedings, and the other is of a non-property nature, then all claims are considered in a simplified procedure unless the court distinguishes the claim, which is of a non-property nature, into a separate proceeding.

There are mandatory general and alternative special conditions that must be met for summary proceedings. Mandatory general conditions

(Part 4 of Article 232.2 of the Code of Civil Procedure of the Russian Federation):

1) within the framework of simplified proceedings, claims that cannot be considered according to the rules of simplified proceedings (with the exception of clause 6 of Article 232.2 of the Code of Civil Procedure of the Russian Federation), including counterclaims, as well as initial claims, if after an increase their size, changes, additions with interrelated methods of protection, the original claims cannot be considered through summary proceedings;

2) it is unacceptable for third parties to enter into the case with independent demands; connection of the stated claim with other claims against other persons is unacceptable; a judicial act should not affect the rights and legitimate interests of other persons. If, during the consideration of a case in a simplified proceeding, a request for a third party to intervene in the case, making independent claims regarding the subject of the dispute, is granted, the court issues a ruling to consider the case according to the general rules of claim proceedings;

3) written explanations of the parties and written evidence are presented by the parties in sufficient volume and allow the court to make a decision on the merits, i.e. there is no need to clarify additional circumstances or study additional evidence, as well as to inspect and study evidence at its location, order an examination or hear testimony;

4) the case is not subject to consideration in the order of writ proceedings, except for cases where the court order was canceled or the application for issuing a court order was refused;

5) the case does not fall into the category of cases related to state secrets; with a dispute affecting the rights of children (with the exception of disputes regarding the collection of alimony); with compensation for harm caused to life or health; corporate dispute case; cases related to foreclosure on funds from the budgets of the budget system of the Russian Federation.

In addition to compliance with the general conditions, one of the alternatives must be present:

1) a statement of claim has been filed for the recovery of funds, for the reclamation of property, for the recognition of ownership rights if the value of the claim does not exceed one hundred thousand rubles;

2) the statement of claim is based on documents submitted by the plaintiff establishing the defendant’s monetary obligations, which are recognized by the defendant but not fulfilled, and (or) on documents confirming the debt under the contract;

3) there is agreement of the parties to consider other categories of cases through simplified proceedings.

Review procedure

Both individuals and legal entities, individual entrepreneurs, authorities and the prosecutor have the right to initiate a lawsuit.

The procedure for considering a claim within the framework of simplified proceedings takes into account certain legal features, which include the absence of court hearings, keeping records, calling witnesses and other participants in the case. The judge hears a civil claim alone.

When a corresponding claim is received, the judge decides whether to accept it for proceedings and consider it in a simplified form. If there are no obstacles, the judge issues a ruling to accept the claim and sets deadlines for the parties to provide the court with the necessary documents and evidence in the case. A copy of the court decision is sent to the participants in the civil case.

In cases where a party is unable to provide the evidence necessary in the case, familiarize itself with the case, or send appropriate objections, the court may decide to proceed to litigation according to the general rules in connection with an additional study of the circumstances of the case.

The parties are required to send all written objections to the claim, petitions, documents and other materials on the case to each other in accordance with the principles of adversarial and equal rights of the parties. The court obliges the participants in the process to provide written evidence of proper notification of the parties about any information in the case.

The process of claim proceedings in a simplified form can be completed by a settlement agreement between the parties, the draft of which is sent to the court.

Particularly noteworthy is the fact that the procedural approval of a settlement agreement requires, however, a full court hearing.