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Commentary to the Civil Procedure Code of the Russian Federation (continuation)

M.R. ZAGIDULLIN, 
Candidate of Legal Sciences, Associate Professor of the Department of Environmental, 
Labor Law and Civil Procedure of the Kazan (Volga Region) Federal University 

A.V. DEMKINA, 
Candidate of Legal Sciences, Leading Advisor of Staff of the Committee of the State Duma 
of the Federal Assembly of the Russian Federation 
on Civil, Criminal, Commercial («Arbitrazh») and Procedural Legislation 

V.V. LISITSYN, 
Candidate of Legal Sciences, Professor of the Department of Civil Law of the Russian Academy of Justice 

V.M. MURSHUDOVA, 
Senior Expert of the 1st Category of Staff of the Committee of the State Duma of the Federal Assembly of the Russian Federation 
on Civil, Criminal, Commercial («Arbitrazh») and Procedural Legislation 

V.V. PETROVA, 
Candidate of Legal Sciences, Associate Professor, Judge of the Federal Arbitration Court of the Moscow District 

O.A. RUZAKOVA, 
Doctor of Legal Sciences, Deputy Chief of Staff of the Committee of the State Duma of the Federal Assembly of the Russian Federation 
on Civil, Criminal, Commercial («Arbitrazh») and Procedural Legislation 

R.B. SITDIKOV, 
Candidate of Legal Sciences, Senior Lecturer of the Department of Environmental, 
Labor Law and Civil Procedure of the Kazan (Volga Region) Federal University 

This commentary provides an analysis of Chapter 39 of the Civil Procedure Code of the Russian Federation «The Proceedings in the Court of Appeal». Special attention is given to the following changes of civil procedure law in the appellate litigation. From January 1, 2012, court decisions should be appealed sequentially: the judgment should not complained on cassation, bypassing the appeal court. These changes introduce a uniform procedure of appeal not entered into legal force court decisions, which provides the unity of judicial practice on cases under the jurisdiction of magistrates and federal courts of common jurisdiction, as well as the right to equal justice and fair trial. If changes in the Federal law from December 9, 2010 No. 353-FZ, the parties were entitled to submit new evidence without any restriction, now there are certain restrictions. The appellate court estimates current and additionally presented evidence. Additional evidence accepted by the court of appeal, if the person involved in the case, explained the impossibility of their submission to the court of first instance for reasons beyond his control, and the court recognizes these reasons as valid. The reform of procedural law related to the merger of the Higher Arbitration Court of the Russian Federation and the Supreme Court of the Russian Federation, and also with the adoption of the Administrative Procedure Code of the Russian Federation also led to significant changes in civil procedural law, including appeal proceedings. In this context, structure and power of the Supreme Court of the Russian Federation are significantly changed. As significant innovation was the introduction of summary proceedings, including on appeal. 

Keywords: court of appeal; civil procedure; appeal court decisions. 

Information about the authors 

Zagidullin M.R. (Kazan, Russia) – Candidate of Legal Sciences, Associate Professor of the Department of Environmental, Labor Law and Civil Procedure of the Kazan (Volga Region) Federal University (Kazan, Kremlyovskaya St., 18, e-mail: zagidullin. mr@yandex.ru); 

Demkina A.V. (Moscow, Russia) – Candidate of Legal Sciences, Leading Advisor of Staff of the Committee of the State Duma of the Federal Assembly of the Russian Federation on Civil, Criminal, Commercial («Arbitrazh») and Procedural Legislation (103265, Moscow, Georgievsky lane, 2; e-mail: stateduma@duma.gov.ru); 

Lisitsyn V.V. (Moscow, Russia) – Candidate of Legal Sciences, Professor of the Department of Civil Law of the Russian Academy of Justice (117418, Moscow, Novocheremushkinskaya st., 69; e-mail: lawclinic-rap@rambler.ru); 

Murshudova V.M. (Moscow, Russia) – Senior Expert of the 1st Category of Staff of the Committee of the State Duma of the Federal Assembly of the Russian Federation on Civil, Criminal, Commercial («Arbitrazh») and Procedural Legislation (103265, Moscow, Georgievsky lane, 2; e-mail: stateduma@duma.gov.ru); 

Petrova V.V. (Moscow, Russia) – Candidate of Legal Sciences, Associate Professor, Judge of the Federal Arbitration Court of the Moscow District (127994, Moscow, GSP-4, Seleznevskaya st., 9); 

Ruzakova O.A. (Moscow, Russia) – Doctor of Legal Sciences, Deputy Chief of Staff of the Committee of the State Duma of the Federal Assembly of the Russian Federation on Civil, Criminal, Commercial («Arbitrazh») and Procedural Legislation (103265, Moscow, Georgievsky lane, 2; e-mail: stateduma@duma.gov.ru); 

Sitdikov R.B. (Kazan, Russia) – Candidate of Legal Sciences, Senior Lecturer of the Department of Environmental, Labor Law and Civil Procedure of the Kazan (Volga Region) Federal University (420000, Kazan, Kremlevskaya St., 18; e-mail: ruslan.sitdikov@ gmail.com).

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M.R. Zagidullin, A.V. Demkina, V.V. Lisitsyn, V.M. Murshudova, V.V. Petrova, O.A. Ruzakova, R.B. Sitdikov