Inexplicable note

The Supreme Court introduced a bill to the State Duma on the refusal to make motivated decisions for most administrative and arbitration cases. This was reported by "Mediazona" with reference to a document published on Wednesday on the website of the lower house.

Amendments are proposed to be made to civil and arbitration procedural codes, the Code of Administrative proceedings and a number of other laws.

It is necessary to leave the obligatory motivating part of the Armed Forces only in cases of protecting the rights of children, eviction from housing, bankruptcy and corporate disputes.

As stated in an explanatory note to the document, compared with 2014, the number of cases in question increased by 23 percent, and the costs of court activities - by 26 percent. On average, the judge spends five days on the preparation of a reasoned decision. Thus, 23,990 rubles are spent on the payment of one such decision in the courts of general jurisdiction, and 25 210 rubles in arbitrations.

Meanwhile, the Armed Forces indicates, often the parties in the case are not interested in obtaining a motivated decision. Therefore, when making decisions, it is sufficient to limit yourself to the introductory and resolving parts, the authors of the bill conclude.

The same document removes the obligation to draw up motivated decisions from the courts of appellations, if the decisions of the first instance are left unchanged, and there are no new arguments in appeals.

The bill also removes from the courts the obligation to send the summons to meetings, allows judges to limit the deadlines for the provision of documents, and to participate in the processes to allow only citizens with a higher legal education.

According to Vedomosti, the document is one of the bills of the package, which is prepared as part of the trial reform begun. The compilation of bills is involved in the Center for Strategic Development of the former Deputy Prime Minister Alexei Kudrin.

In May last year, the Armed Forces introduced a bill to the State Duma, allowing the judges , when announcing sentences in criminal cases, to limit themselves to the presentation of only the introductory and resolving parts, lowering the descriptive and motivational. The procedure for reading decisions, the authors explained, "in some cases is unjustifiably long."

In the law community, the initiative was accepted critically.

Since June 2017, the document remains on the consideration in the Duma Committee on Legislation, which made a number of comments on the bill. In September, the government was given a review of the initiative; This review is not published on the State Duma website.