Simplified proceedings in the arbitration process: concept, terms

To reduce the time of the proceedings, the legislation provides for simplified proceedings. In a civil process, it is carried out by issuing an order. The proceedings are carried out without calling the parties. Such a procedure is also provided for in the resolution of economic disputes.

Simplified Judicial Procedure: General Description

The proceedings, as mentioned above, are carried out without inviting the parties. Consideration of cases in simplified proceedings is carried out solely by the authorized person. At the same time, information and materials are posted on the official website of the instance within the framework of the restricted access regime within 5 days from the date of acceptance of the application. Simplified proceedings in civil proceedings, as well as in economic disputes, do not involve a preliminary hearing. In the course of the proceedings, it is not envisaged to keep a protocol, as well as to postpone the meeting.

Features

Simplified production in the arbitration process involves the study by an authorized person of the materials and evidence transferred by the parties. Based on the information studied, a decision is made. The rules of ordinary proceedings do not apply to the proceedings. In particular, there is no stage of reading out the operative part of the decision. It is published the day after its adoption on the Internet (on the official website of the instance).

Dispute Categories

Simplified proceedings in the arbitration process are applicable to two groups of conflicts. One category includes disputes tied to the value of the claim, and to another - independent of it. In the first case, a simplified procedure for legal proceedings applies to applications:

1. About collecting money from organizations - up to 500 thousand rubles, from individual entrepreneurs - up to 250 thousand rubles.
2. On contesting non-normative acts, decisions of structures that exercise public authority, employees, if these documents contain requirements for payment or indicate collection of funds, appeal to the applicant’s property, if they are appealed in respect of the relevant financial claims and the amount imputed to the latter is not more than 100 thousand rubles.
3. On prosecution if only an administrative fine is imposed for a violation. Moreover, its value should not be more than 100 thousand rubles.
4. On contesting decisions of administrative structures on holding liable if only a fine is established as punishment, the amount of which is not more than 100,000 rubles.
5. On the collection of mandatory contributions and sanctions if the total amount of the imputed amount is in the range of 100-200 thousand rubles.

Cost-independent claims

Simplified proceedings are also provided for litigation in claims:

1. Based on documents provided by the applicant and establishing monetary requirements for the defendant, which are recognized as the last, but are not fulfilled, or on materials proving the existence of debt under the contract.
2. Concerning the protest of a bill of exchange in non-acceptance, non-dating, non-payment of acceptance made by a notary.

Nuance

By establishing the rules by which simplified proceedings are carried out, the APK of the Russian Federation determines that the amount of all claims should not go beyond the limits provided by law. The cost of the claim includes additional sanctions allowed by the rules. In particular, we are talking about a penalty, interest, fines, interest. The cost of a claim, including several independent claims, is determined by their total amount.

Claim Change

If the plaintiff submits a petition to increase the value of the claims after the adoption of the petition, the price of which does not exceed the limits prescribed by law, as a result of which it will exceed the established framework, the simplified proceedings are transferred to the proceedings under the general rules. If the amount remains in the range fixed in the norms, then the issue of switching to the resolution of the dispute in the usual way is decided by the authorized person in accordance with the actual possibility to provide the defendant with the right to submit objections and evidence in support of his position, in accordance with the provisions of article 228 (part 3) . If the dispute, the proceedings of which are carried out according to the general rules, accepted to reduce the requirements to the extent defined by Article 227 (Part 1, Clause 1) of the APC, it may be considered in simplified proceedings. At the same time, the provisions of Article 135 (part 3) must be observed.

Exceptions

The procedure for summary proceedings in an arbitration court does not apply to disputes:

1. Corporate character.
2. On the protection of consumer rights.
3. In the framework of which a counterclaim was adopted , the trial of which cannot be carried out according to a simplified procedure.

An exception is also made when the person authorized to resolve the conflict, at the request of one of the participants, including, came to the conclusion that:

1. It is necessary to carry out a study and examination of evidence at their location, to hear witnesses, to appoint an examination.
2. The stated requirement relates to other claims, including against other entities, or the ruling on this dispute may violate the interests and rights of third parties.
3. Simplified production can provoke the disclosure of state secrets.
4. Trials using shortened procedures will not contribute to the effective establishment of the truth. This provision also applies in cases where the court recognizes the need to find out additional facts or investigate other evidence.

Simplified proceedings are not applied also in cases of contesting actions / inaction, decisions of employees of the FSSP.

Supporting documents

The materials proving the existence of monetary obligations of the defendant, recognized but not fulfilled by him, include papers in which there is a written confirmation of the existing debt. It can arise under the terms of the contract (loan, service, power supply, credit, rent, communication services, and so on). Written confirmation may serve as a response to the claim in the reconciliation report of the calculations made, signed by the parties to the relationship. Simplified proceedings are opened if, together with the application, documents are presented proving the existence of the defendant's debt for the entire amount of the claims. It is also allowed if the value of the claim in terms of unconfirmed obligations does not exceed the limits defined by Article 227 (part 1, paragraph 1) of the Code.

Simplified Production Time

Proceedings on the claim shall be carried out no more than two months from the date of receipt of the application. Terms for consideration can be determined by the authorized authority by indicating the exact calendar number or time period. The latter is calculated from the date of the decision on the adoption of the application for proceedings, on the start of proceedings or on the transition to a simplified procedure. Moreover, the period should not go beyond two months. When deciding on proceedings under simplified rules, the following terms are provided for the participants to submit evidence:

1. 15 or more days (working days) - for the presentation of the response of the defendant to the claim, by either side of the identification documents to which the participants refer as the basis of their objections and claims.
2. 30 or more slaves. days - for the submission of materials containing explanations on the merits of the claims and disagreements that do not contain references to evidence not disclosed within the time limits established by the court.

It must be said that when establishing the duration of these periods, one should take into account the time for delivery by correspondence by the postal service, as well as the total duration of the dispute under the reduced scheme. The interval between the days when the 1st and 2nd terms expire should not be less than 15 days.

Member Notification

When a dispute is adjudicated in a simplified manner, the authorized authority shall notify the parties of the acceptance of the application and the initiation of proceedings. Notification of participants is carried out according to general rules. They are established by the 123rd article of the agro-industrial complex. Parties to a dispute shall be deemed notified if:

1. An authorized instance has evidence of the receipt by individuals of information about the proceedings that have begun.
2. By the date the decision is made, the court has information about the parties having copies of the decision to accept the application and to begin consideration.

The parties to the dispute will also be considered notified if:

1. The addressee refused to accept a copy of the determination, and this action was recorded by the postal service or directly by the court.
2. Despite the availability of the notice, the subject did not appear to receive a copy of the act at the post office. The postal service must notify the arbitration court about this.
3. A copy of the act was not delivered due to the absence of the person at the specified address. The court also notifies the postal service of this and indicates the source of the relevant data.
4. The notice was handed to an authorized employee of the representative office / branch of the organization.
5. Notification received to representative of the party to the dispute.

Along with this, the court shall order the consideration of the case in accordance with the general rules if:

1. By the date the decision on the dispute was approved, the relevant information on the receipt by the person of a copy of the decision on the adoption of the claim for trial had not been received by the authorized authority.
2. The above information was accepted by the court, but it was found that the data obtained indicate that the participant has no opportunity to familiarize himself with the documents, as well as send evidence and objections.

Conclusion

Simplified proceedings actually deprive the parties of the opportunity to directly participate in the consideration of the case. The plaintiff and the defendant can only provide documents containing justifications for their positions, as well as objections to the claims. As a rule, a simplified procedure is used for disputes arising in the framework of obligatory, in particular credit, legal relations. Banking organizations send statements, as well as evidence, requesting a hearing without the participation of the parties. Simplified production significantly reduces the time to review cases. A ruling made as a general rule may be challenged.