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IS THE “PROCEDURAL REVOLUTION” COMPLETED?

PROBLEMS OF CIVIL PROCEDURE


E.S. SMAGINA

E.S. SMAGINA,
Candidate of Legal Sciences, Associate Professor,
Head of the Department of Civil Procedure and Labor Law
of the Southern Federal University

DOI: 10.24031/2226-0781-2019-9-4-113-123

The article discusses the grounds, goals and some results of the reform of procedural legislation
under the Federal Law of 28 November 2018 No. 451-FZ. The author identifies the main
factors that determine the nature of changes, defines the problems of applying new norms, and
assesses their possible impact on civil procedure and the development of the judicial system. The
ongoing changes in procedural legislation are aimed at rejecting a number of basic procedural
institutions, which makes possible to call this process revolutionary. The changes were not
accepted by scholars and practitioners, but the discussion of the professional community and
the legislator did not bring significant results. The goal of the reform, pursued by the initiators
of the “revolution” is simplification, speeding up the procedure and it has been established, but
the means and the order of achieving it, according to the author, are not so straightforward.
It seems that Federal Law No. 451 represents only a compromise stage of major changes in
procedural legislation, and the end of the procedural revolution is not close yet.

Keywords: jurisdiction; disclosure of evidence; time limits for consideration of cases; courts
of appeal; cassation courts.

References

Borisova E.A. Reducing the Judicial Burden Is Put at the Forefront of the Transformation
of Procedural Legislation. URL: http://www.garant.ru/interview/1144157/. (In Russian)
Legislative Initiatives of the Supreme Court – Personal Proposals of Lebedev. URL:
https://www.law.ru/news/19678-u-verhovnogo-suda-net-kontseptsii-sudebnoy-reformy.
(In Russian)
Smagina E.S. The Creation of Courts of Appeal of General Jurisdiction: The Ratio of Judicial
and Arbitral Innovations. Arbitration and Civil Procedure, 2017, no. 10. (In Russian)
Tay Yu.V. Procedural Reform... Three in a Boat. We Do Not Consider the Consequences.
URL: https://zakon.ru/blog/2017/10/2/processualnaya_reforma_troe_v_lodke_ne_schitaem_
posledstvij. (In Russian)
Tumanov D.A., Streltsova E.G., Moiseev S.V., Alekhina S.A., Bardin L.N., Kazikhanova S.S.,
Nakhova E.A., Nevsky I.A., Nenashev M.M., Prokudina L.A., Smagina E.S., Sultanov A.R.,
Chistyakova O.P. Collective Legal Conclusion on the Draft Law of the Supreme Court of
the Russian Federation on Amendments to the Civil Procedure Code of the Russian Federation,
to the Arbitration Procedure Code of the Russian Federation and to the Code of
Administrative Proceedings of the Russian Federation and Individual Conclusions of
Scholars and Practicians. Herald of Civil Procedure, 2018, no. 1. (In Russian)
Vyacheslav Lebedev: Cassation Should Only Be Continuous. URL: https://pravo.
ru/news/201658/. (In Russian)
Yarkov V.V. Procedural Reform Project: Quo Vadis? Arbitration and Civil Procedure,
2017, no. 12. (In Russian)

Information about the author

Smagina E.S. (Rostov-on-Don, Russia) – Candidate of Legal Sciences, Associate
Professor, Head of the Department of Civil Procedure and Labor Law of the Southern
Federal University (88 M. Gorky St., Rostov-on-Don, 344007, Russia; e-mail: esmagina@
yandex.ru).

Recommended citation

Smagina E.S. Is the “Procedural Revolution” Completed? Herald of Civil Procedure, 2019,
vol. 9, no. 4, p. 113–123. (In Russian). https://doi.org/10.24031/2226-0781-2019-9-4-113-123

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