The 2018 Procedural Reform Act came into force, providing for a new procedure for banning materials.

entered into force the law proposed by the Supreme Court of Russia to amend the procedural codes. Among among other things, it touches upon the issues of legal proceedings in cases "about extremism".

On October 1, 2019, Federal Law No. 451-FZ dated November 28, 2018 "On the Introduction amendments to certain legislative acts of the Russian Federation", providing for amendments to the Civil Procedure Code, Arbitration Procedure Code, Code of Administrative legal proceedings and some other legislative acts. Decree on submission of the relevant bill to the State Duma was issued by the Supreme Court 3 October 2017.

According to the law, cases on the recognition of materials as extremist and on the recognition information on the network prohibited for distribution on the territory of Russia were transferred from the sphere of civil legal proceedings to the sphere of administrative.

The new procedure for such cases is spelled out in the Code of Administrative legal proceedings, since, from the point of view of the Supreme Court, it is within the framework of administrative process, the question of how to simultaneously give a legal assessment of the materials and provide an opportunity to participate in the process interested persons.

With regard to the recognition of materials as extremist, the following procedure. The statement of claim is filed by the prosecutor's office (we are talking about the prosecutor's office subjects of the federation and equal to them in terms of level) to the district court at the place discovery of materials, their distribution or at the location of the organization, carrying out their production. Attached to the application are written evidence, including documents and materials made in the form digital and graphic records obtained by facsimile, electronic or other links containing relevant information, or copies thereof. Court determines the circle of persons whose rights and legitimate interests may be affected by judicial decision, and if they are identified, invites them to participate in the case. When identification of the person whose actions gave rise to the filing administrative statement of claim, the court invites him to participate in the case in as an administrative defendant, and it is on him that judicial expenses. Who can be meant by this person (author, publisher, publisher, distributor, provider, social network administrator, etc.), the bill does not said. If such a person is not identified, to consider the case "to give opinion" it is proposed to involve an ombudsman (of the Russian Federation or one of the subjects RF). After the commencement of proceedings in the case, the judge, at the request of a participant in the case or own initiative "has the right to take measures of preliminary protection in the form of restrictions on access to extremist materials." And the decision to satisfaction of the claim is subject to immediate execution, that is, before its entry into force after the rejection of the appeal (now such an accelerated procedure applies to banning organizations as extremist).

The procedure for recognizing network information as prohibited is largely similar to procedure to ban materials for extremism.

The claim is filed with the district court at the location of the plaintiff or defendant. IN can act as an applicant, as prescribed in Art. 15.3 of the law on information, public authorities or local self-government, organizations or citizens, as well as the Prosecutor General's Office. The defendant is determined by the court just as described above. But unlike cases of extremist materials, not the Ombudsman, but the Roskomnadzor, and without fail.

For a claim to be accepted, it must contain "substantiation of arguments about attributing the posted information to information, the distribution of which is prohibited in the Russian Federation, indicating the relevant standards rights". In addition, the application must indicate the addresses for blocking, and if access to information is limited - information "necessary for access by the court to such information.” The court should not take any production of lawsuits relating to sites already included in the register of prohibited. Provisions on the possibility of restricting access to information prior to a court decision and immediate execution of the court's decision coincide with those set out above.

Sources

• Federal Law No. 451-FZ of November 28, 2018 "On Amendments to Certain Legislative Acts of the Russian Federation" // Russian newspaper. 2018. December 4th.
• Amendments to the Code of Civil Procedure of the Russian Federation, the Arbitration Procedure Code of the Russian Federation and the CAS of the Russian Federation in connection with the entry into force of the law on procedural reform // Garant.Ru. 2019. October 1.