“it is Impossible to compile a complete and exhaustive list of categories of urgent matters: depending on the specific circumstances of one case can be considered urgent, and another case with similar legal nature, but in other factual circumstances, in contrast, does not require urgent consideration”, – told “RG” Victor Momotov.
Therefore, the Supreme court and the judicial Council of Russia granted the courts the opportunity to decide on the case, which from the point of view of formal criteria does not fall under the category of urgent. Here it is necessary to consider the circumstances of the case, the opinion of actors and the conditions of the alert, entered in the relevant region.
Victor Momotov has told, on what should pay attention of the judge deciding whether the case podozhdat. There’s the obvious situation when we are talking about the arrest of the person or the proceedings of an administrative offense. But there are others. For example, as said Victor Momotov, courts must examine whether a continuance to irreversible consequences. Therefore, the urgent may be some family disputes or cases alimony.
“Should consider such criteria as the significance of the outcome of the case, – told correspondent “RG” Victor Momotov. – For such cases include cases concerning indemnification of damage to health, as well as cases in which the actors of the health risk not to wait until the end of proceedings, family disputes on children, deprivation of parental rights, removal of children, deeds of civil status, deprivation or restoration of legal capacity, disputes arising from the employment relationship.”
the Pandemic has had a significant impact on the courts around the world – they had to introduce serious limitations.
But justice can not stop.
“Solving the question of whether a particular case is urgent, the courts should take into account that apart from the right to life and health the Constitution of the Russian Federation are guaranteed and other rights, the balance between which must be observed, – continued the Chairman of the Council of judges Victor Momotov. There are no obstacles for trial preparation and review of the cases in which participants agreed to a trial in their absence if their personal participation in the proceedings is not required”.
For all other categories of cases the courts postpone their consideration to the lifting of the restrictions and the emergence of citizens and businesses the opportunity to participate in court hearings in a General order.
Also, the courts can consider the case by way of writ or summarily, proceedings. This so-called “written procedure”, which is carried out through the exchange of documents between stor��us and the court, without a full-time litigation.
“In this connection draw attention to the fact that most cases dealt with by courts in a forceful and simplified procedure is about 77 per cent of civil Affairs, 90 percent of administrative cases and more than half of economic disputes, – says Victor R Momotov. Thus, even in this difficult time the courts hear the vast majority of incoming cases due to the wide application of the “written production”, the development of which was made possible due to the legislative initiatives of the Supreme court”.
Many practitioners today are concerned with the question of how to deal with procedural time limits? The courts suspended the personal reception of citizens, and the documents recommended to submit via the Internet-reception. That is, in principle, citizens have the opportunity to submit documents to the court. However, not all at odds with information technology, so that certain problems in humans, can occur.
soon the Supreme court will give their explanations on the issues arising in the period of epidemic prevention measures, including how to count in the current conditions in procedural terms or whether the pandemic is force majeure.
Many practitioners believe that the declared head of the state holidays should not be included in the terms of procedural limitations. This means that in these days suspended including within the Statute of limitations and complaints about the adopted decision.
for Example, if a citizen is issued a court order, a person has ten days to submit their objections. Then the order will be cancelled. If the order will be submitted in April, ten days begin to run from the day that will officially be the first day at work. Such an approach, many experts think is fair. However, here we must wait for clarification of the Supreme court.
Victor Momotov emphasized that, despite the measures taken, the procedure becomes a closed society – publicity justice in the period of validity of restrictive measures provided by the obligatory publication of judicial acts in the Internet, the ability to send to the court a request to obtain information about their work, the right of the parties to aedificatio trial.
“we should Not forget about the parties receive the copy of the judgment, the possibility with the court’s permission to carry out video recording of trial, – says Victor Momotov. Thus, the system of measures envisaged in the joint resolutions of the Presidium of the Supreme court and the Presidium of the Council of judges, ensured the necessary balance constitutional values against which justice was administered in the period of the epidemic”.
by the Way��, at the recent St. Petersburg international legal forum “9 12: the laws of the coronavirus”, held online, participants of the forum said that the new system works will become virtually all courts in the world, including the European court of human rights. So, all 47 judges working there, got remote access to the workflow system.
“I would like to note the high adaptability of our procedures and collaboration of all employees of the court to adapt our procedures to this situation, told the court judge Dmitry Dedov. We talked on the Internet. Our leaders suggested meeting in a written procedure, and we agreed or made their own proposals – this was done very quickly, literally in one day.”
the Epidemic and adopted restrictive measures will give an impetus to the further Informatization of the judiciary, introduction of new technologies in their everyday judicial activities. However, the forum participants agreed that the complete conversion of ships online is simply impossible. “When the judge makes a decision, he often guided by heart and by law. In this sense, contact, communication is sometimes very important. We’ll never eliminate. Never no robot, no video conferencing will not replace communication in the judicial system”, – concluded Victor Momotov.
