The state Duma adopted in the second reading the project of reform of the procedural legislation

© RIA Novosti / Natalia to Seliverstova in photobacteria of the State Duma of the Russian Federation. Archival photoThe state Duma adopted in the second reading the project of reform of the procedural legislation© RIA Novosti / Natalia to Seliverstova the image Bank

The state Duma at plenary session on Tuesday adopted in the second reading the draft law on the reform of procedural legislation, which, in particular, it was proposed to abandon the writing of the reasoning of judicial decisions in most cases.

The project was submitted to the Duma by the Supreme court in February this year. As noted by the head of the Duma Committee on state construction and legislation Pavel Krasheninnikov, the project is an important step in the reform and modernization of justice, harmonization of procedural codes. Krasheninnikov noted that the work on the bill is from February of this year in different formats: there have been numerous meetings of the working groups, meeting for the second reading has received more than 150 amendments.

«One of the most controversial amendments, which proposed the initial version of the bill was the refusal of drafting the reasoning of judicial decisions in most cases. Taking into account the amendments, the bill excludes provisions for abandonment of compiling the reasoning part of the judgment. Thus, the structure of judicial decisions would remain unchanged — that is, in full, including the reasoning part,» said Krasheninnikov.

He added that the refusal of drafting the reasoning of the decision of the court as a General rule, could lead to an actual restriction of the right to access to justice, to strengthen the secrecy of the judiciary.

In addition, taking into account the amendments from the project deleted provision prohibiting change of the Contracting jurisdiction. Thus, the parties will continue to be able to change the contract jurisdiction at its discretion, said Krasheninnikov.

The draft also proposes that representatives of the parties in the court in civil and arbitration proceedings can be only persons with higher legal education or academic degree in the legal profession, with the exception of the cases pending before magistrates or district courts.

«The requirement of professional representation does not apply to representatives by virtue of the law, and it’s not just legal representatives. This, for example, representatives of trade unions in labor disputes, insolvency practitioners, patent agents — these categories may not have a higher legal education or academic degree for representation in court,» said Krasheninnikov.

In addition, the initial version of the bill proposed to introduce the institution of «attorney,» whose powers consist in the possibility to give explanations to the court in the presence of, and to receive legal notices, calls and copies of judicial acts. Given the thorough discussion, the amendments to the second reading of these provisions from the bill are excluded.

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