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

A.V. Argunov, 
Candidate of Legal Sciences, Senior Lecturer of the Department of Civil, 
Arbitration and Administrative Procedural Law of the Russian Academy of Justice 

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 

P.V. Krasheninnikov,
Doctor of Legal Sciences, Professor, Chairman of the Committee of the State Duma 
of the Federal Assembly of the Russian Federation on Civil, Criminal, Commercial («Arbitrazh») 
and Procedural Legislation, Honored Lawyer of the Russian Federation 

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 

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 

DOI: 10.24031/2226-0781-2017-7-1-97-143

This commentary provides an analysis of Chapter 41 of the Civil Procedure Code of the Russian Federation «Proceedings in the Court of Cassation». Special attention is given to the following amendments to the civil procedural legislation regarding appeal. From 1 January 2012 a new procedure for checking judicial decisions was introduced. Prior to the adoption of the act judicial decisions, not entered into legal force, adopted by justices of the peace, were tested on appeal, and judicial decisions handed down by courts of general jurisdiction – in cassation order. From 1 January 2012, judicial decisions entered into legal force, are verified in cassation. And the main purpose of appeal proceedings is to check decisions on points of law. A requirement for the validation of the judicial decision in cassation is the exhaustion of the other established by the Civil Procedure Code of the Russian Federation means of appeal of the judicial decision before the day of its entry into legal force. There is a two-tier appeal: in supreme courts of constituent entities of the Federation and judicial collegiums of the Supreme Court of the Russian Federation. The deadline for filing an appeal is six months from the date of entry of the judicial decision into force, before the limitation period was 10 days and was calculated from the date of decision by the court in final form. A requirement is, as mentioned above, the exhaustion of the other established by the Civil Procedure Code of the Russian Federation means of appeal of the judicial decision before the day of its entry into legal force. The specified six-month period begins to run on the day following the entry of the judicial decision into force and expires in corresponding day of the last month. The adoption of the Administrative Procedure Code of the Russian Federation, changes in the structure of the Supreme Court of the Russian Federation are also reflected in the procedure of consideration of cassation complaints and submissions. A special rules of consideration of complaints in cases previously considered in the simplified procedure are appeared in cassation. New procedure of electronic interaction with the court is also applied in courts of cassation. 

Information about the authors 

Argunov A.V. – Candidate of Legal Sciences, Senior Lecturer of the Department of Civil, Arbitration and Administrative Procedural Law of the Russian Academy of Justice (117418, Moscow, Novocheremushkinskaya st., 69; e-mail: info@raj.ru); 

Zagidullin M.R. (Kazan) – 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); 

Krasheninnikov P.V. (Moscow) – Doctor of Legal Sciences, Professor, Chairman of the Committee of the State Duma of the Federal Assembly of the Russian Federation on Civil, Criminal, Commercial («Arbitrazh») and Procedural Legislation, Honored Lawyer of the Russian Federation (103265, Moscow, Okhotny Ryad st., building 1; e-mail: Krasheninnikov@duma.gov.ru); 

Lisitsyn V.V. (Moscow) – 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) – 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); 

Sitdikov R.B. (Kazan) – 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). 

Recommended citation 

Argunov A.V., Zagidullin M.R., Krasheninnikov P.V., Lisitsyn V.V., Murshudova V.M., Sitdikov R.B. Kommentarij k Grazhdanskomu protsessual’nomu kodeksu Rossijskoi Federatsii [Commentary to the Civil Procedure Code of the Russian Federation (continuation)]. Vestnik grazhdanskogo protsessa = Herald of Civil Procedure, 2017, no. 1, p. 97–143. (In Russian) DOI: 10.24031/2226-0781-2017-7-1-97-143

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A.V. Argunov, M.R. Zagidullin, P.V. Krasheninnikov, V.V. Lisitsyn, V.M. Murshudova, R.B. Sitdikov