Judicial reform. An overview of the most interesting changes prepared by the EMPP partner Mergen Doraev and the EMPP advisor Andrey Kornitskiy

On 28th November, 2018 the President of the Russian Federation Vladimir Putin signed Federal law No. 451-FZ “On amendments in certain legislative acts of the Russian Federation” (Law No. 451). This law is passed within implementation of a judicial reform initiated by the Supreme Court of the Russian Federation and envisages wide changes including those in arbitrage proceedings:

  1. According to a new version of para 3 Article 59 of the Arbitrage Proceedings Code of the Russian Federation (APC RF), only persons with higher legal education or a degree in law shall be representatives upon arbitrage cases. Thus, only a person with a diploma can get acquainted with the case materials.
  2. Motion for recusal of a judge shall be decided by the judge himself, which makes instrument recusal of judge nonsense as in civil proceedings.
  3. Article 125 of APC RF is supplemented with requirement to indicate in lawsuit one of identificators of the defendant-natural persons (license, passport, taxpayers identification number etc.).

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