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NEW CASSATION ON CIVIL CASES: ISSUES OF THEORY, HISTORY, PRACTICE
NEW CASSATION ON CIVIL CASES:
ISSUES OF THEORY, HISTORY, PRACTICE
Doctor of Legal Sciences, Professor of the Department of Civil Procedure of the Law
Faculty of Lomonosov Moscow State University
Civil procedure is in the process of reform. One of the large-scale changes has become new
proceedings in the cassation of courts of general jurisdiction. The concept of “continuous
cassation” is used by lawyers now, but it does not explain the essence of the change.
The article discusses stages of judicial reform, analyzes the results of the creation of the
cassation courts in the system of courts of general jurisdiction, changes in the cassation
procedure for considering cases in civil procedure, identifies the positive and negative sides
of the changes that have occurred in the judicial system and legal proceedings, compares
them with the experience of Russian judicial reform 1864–1917. The practice of the courts
of cassation got criticism in the professional legal sphere, and dissatisfaction of citizens
about the quality of the administration of justice in civil cases. The author attempts to
explain the innovations and compares the terms and procedures. Special attention is
paid to issues of the theory of cassation proceedings, practice of foreign countries is also
Keywords: judicial reform; cassation; court of cassation; cassation proceedings; access to
justice; judicial defense.
Astakhov A.V. Visiting Sessions of Judicial Institutions of the Omsk Judicial Chamber
in 1899–1917: Practice of Law Enforcement. Omsk Scientific Herald, 2007, no. 4. (In
Borisova E.A. Appeal, Cassation, Supervision of Civil Affairs: Textbook. 3rd ed. Moscow:
NORMA; INFRA-M, 2019. (In Russian)
Borisova E.A. New Courts of General Jurisdiction – Old Issues of Administering
Justice in Civil Cases. Law, 2019, no 8. (In Russian)
Collection of Statistical Information of the Ministry of Justice. Vol. 1: Information
on the Personnel and Activities of Judicial Institutions Established under the Statutes
of Emperor Alexander II for 1884 and 1885, with a Map of the Judicial Districts of
European Russia and the Caucasus Region. St. Petersburg: Government Senate Printing
House, 1887. (In Russian)
Collection of Statistical Information of the Ministry of Justice. Vol. 12: Information
on the Personnel of the Court Rulings of European Russia, the Caucasus Region, Siberia
and Turkestan and the Activities of the Court Rulings Established Under the Statutes
of Emperor Alexander II and Commercial Courts for 1896. St. Petersburg: Government
Senate Printing House, 1897. (In Russian)
Collection of Statistical Information of the Ministry of Justice. Vol. 20. Part 1: Information
on the Personnel and Activity of the Judicial Rulings of European Russia for 1904.
Publication of the First Department of the Ministry of Justice on the 3rd Office Work of
the Statistical Office. St. Petersburg: Senate Printing House, 1906. (In Russian)
Efimenko E. The Appeal Will Move from Kaluga to Moscow: The Law on Judicial
Reform Has Been Adopted. URL: https://pravo.ru/news/204078/. (In Russian)
Judicial Reform in Russia: A New Stage. Event. Expert Opinion. Law, 2016, no. 1.
Karpunina N. Actual Issues of the Development of Information and Technical Support
for the Administration of Justice. URL: https://www.garant.ru/interview/1166742/.
Kornya A. The Judicial Reform Announced by Putin Is Almost Complete. URL:
Malakhovsky A. The Council of Judges Discussed the Formation of New Courts and
Domestic Violence. URL: https://pravo.ru/story/207321/?desc_autoload=. (In Russian)
Malakhovsky A. The Head of the Supreme Council Spoke About the Legal Institute,
Which Will First Appear in the Russian Federation. URL: https://pravo.ru/news/207303/.
Malakhovsky A. The Higher Qualification Collegium of Judges Elected Judges for
the First Appeal. URL: https://pravo.ru/news/211809/?desc_emb=. (In Russian)
Mikhailova A. Videoconferencing in the Courts: How It Works and What Problems
Arise with It. URL: https://pravo.ru/story/201570/. (In Russian)
Nikitinsky L. Civil Procedure Has Begun: Judicial Reform Is Too Serious a Matter to
Trust Its Judges. URL: https://www.novayagazeta.ru/articles/2018/02/27/75639-poshelgrazhdanskiy-
protsess. (In Russian)
Shuvalova M. Do Expectations from the Procedural Reform Come True? URL:
https://www.garant.ru/article/1268203/. (In Russian)
Shuvalova M. Pavel Krasheninnikov: “A Unified Civil Procedure Code Is Necessary,
but You Should Not Rush to Adopt It”. URL: http://www.garant.ru/interview/1140250/.
Smirnov L. The Supreme Court Approved the Concept of Reform of the Courts of
General Jurisdiction. URL: https://legal.report/vs-utverdil-koncepciyu-reformy-sudovobcshej-
yurisdikcii/. (In Russian)
Statute of Civil Proceedings. With Legislative Motives, Clarifications of the Governing
Senate and the Comments of Russian Lawyers. In 2 vols. Vol. 1 / Comp. by I.M. Tyutryumov.
4th ed. St. Petersburg: Edition of the Legal Bookstore of I.I. Zubkov Under the Firm
The Great Reform: Statute of Civil Proceedings: Collective Monograph / Ed. by E.A. Borisova.
2nd ed. Moscow: Yustitsinform, 2019. (In Russian)
The Judicial System Is Waiting for Major Changes: An Interview with A. Klishas
“Parliamentary Newspaper”. URL: https://www.pnp.ru/social/sudebnuyu-sistemu-zhdut-
krupnye-izmeneniya.html. (In Russian)
Trubnikova E., Solovyova I. Separation of the Institute of Appeal and Cassation
Courts: What Will Change in the Domestic Judicial System and What Problems Have
yet to Be Solved? URL: https://www.garant.ru/ia/opinion/author/soloveva/1212200/.
Varaksin M. “You Recommended”: The Higher Qualification Collegium of Judges
Summed Up the Results of the Big Meeting. URL: https://pravo.ru/story/210652/. (In
Varaksin M. Chairman of the Council of Judges Spoke About the Three Stages of
Judicial Reform. URL: https://pravo.ru/news/200690/. (In Russian)
Varaksin M. New Courts and the Procedural Revolution: How the Judicial Reform
Went. URL: https://pravo.ru/story/207857/. (In Russian)
Verification of Court Decisions in Civil Proceedings (Russian and Foreign Experience):
Textbook / Ed. by E.A. Borisova. Moscow: Gorodets, 2018. (In Russian)
Information about the author
Borisova E.A. (Moscow, Russia) – Doctor of Legal Sciences, Professor of the
Department of Civil Procedure of the Law Faculty of Lomonosov Moscow State University
(1 Leninskie Gory, Bldg. 13 (4th education building), GSP-1, Moscow, 119991,
Russia; e-mail: [email protected]).
Borisova E.A. New Cassation on Civil Cases: Issues of Theory, History, Practice. Herald
of Civil Procedure, 2019, vol. 9, no. 5, p. 21–41. (In Russian) https://doi.org/10.24031/2226-