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The Civil Procedure Code of the Russian Federation: A Long Way of Reforms
Doctor of Legal Sciences, Professor, Head of the Department of Civil Procedure
of the Siberian Federal University
This article analyzes the impact of the reform of civil procedural law in the administration of justice in civil cases. Introduction into the Code of Civil Procedure and the Commercial («Arbitrazh») Procedure Code of the Russian Federation of procedures for compensation for the violation of the right to trial within a reasonable time, or right in the performance of a judicial act within a reasonable time legislator sought to ensure reasonableness of the length of justice as its essential component. Testing this idea through regulations of specific category of cases is remarkable: thus implicitly acknowledged that the procedural validity of the generally recognized principles and norms of international law calls for their mediation to the national law. In general, the process tends not to increase but to reduce the level arrangement and at the same time to increase the number of procedural safeguards; also ensure that judicial protection in its entirety effect was made by the court of the first instance (for example, separation of functions and more detailed regulation of the stage of preparing the case for trial, preliminary hearing, «engage» in other procedural mechanism – in addition to the settlement agreement – conciliation). The author notes that a major historical achievement of the 2002 CPC – that he had secured the progressive and evolutionary development of the civil process in difficult conditions of revolutionary social changes.
Keywords: civil litigation; law reform; the history of civil process.
Put’ k zakonu (ishodnye dokumenty, pojasnitel’nye zapiski, materialy konferencij, varianty proektov GPK, novyj GPK RF) [The path to the law (the original documents, explanatory notes, conference materials, draft variaints of the Code of Civil Procedure, the new Code of Civil Procedure of the Russian Federation)] (in Russian) / Ed. by M.K. Treushnikov. M., 2004.
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Sakhnova T.V. Processual’noe pravo Rossii: vremja peremen [The procedural law of Russia: time for changes] (in Russian) // Proceedings of the Law Institute of the Krasnoyarsk State University. Vol. 1 / Ed. by T.V. Sakhnova. Krasnojarsk, 2001. P. 312–313. Sakhnova T.V. Civilisticheskij process: missija v menjajushhemsja mire [Civil procedure: the mission in a changing world] (in Russian) // Herald of Civil Procedure. 2013. No. 1. Apelljacija, kassacija, nadzor: novelly GPK RF i UPK RF. Pervyj opyt kriticheskogo osmyslenija [The appeal, cassation, supervision: the innovations of the Civil Procedure Code and the Criminal Procedure Code. The first experience of critical thinking] (in Russian) / Ed. by N.A. Kolokolov. M., 2011.
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Borisova E.A. Apelljacija, kassacija, nadzor po grazhdanskim delam: Uchebnoe posobie [The appeal, cassation, supervision of civil cases: Textbook] (in Russian). M., 2013.
Gilles P. Civil justice systems in East and West 2007 plus – fundamental current reform movements and some speculations about civil conflict resolution systems of the future // The recent tendencies of development in civil procedure law – between East and West: Intern. conf. to celebr. 100th annivers. of the birth of prof. J. Zeruolis. Vilnius, 2007.
Information about the author
Sakhnova T.V. (Krasnoyarsk) – Doctor of Legal Sciences, Professor, Head of the Department of Civil Procedure of the Siberian Federal University (660075, Russian Federation, Krasnoyarsk city, Maerchaka st., 6, e-mail: firstname.lastname@example.org).