“Simply put — worse than theft” — Irina Zimina for the Legal Information Agency
Every fourth case is considered by the arbitration court in a simplified procedure – without a hearing and on an accelerated basis. The vast majority of claims are satisfied, often without real adversarial proceedings and with disregard for the defendant's submissions.
Under the simplified procedure, arbitration courts may consider claims for recovery of up to 1.2 million rubles from companies and up to 600 thousand – from individual entrepreneurs. All arguments of the parties to the dispute are submitted electronically and are assessed by the judge in the silence of their office. The decision is subject to immediate enforcement.
Irina Zimina, Head of Real Estate and Construction Practice at Prime Advice Law Offices:
The simplified procedure allows the dispute to be resolved within a short timeframe, eliminates procedural abuses and delays in the process. According to our experience, such case consideration is no less objective than in face-to-face hearings. In particular, the court is obliged to provide reasons for denying motions filed, including those to switch to the general procedure, to request evidence, to order an expert examination, and others.
Likewise, if there are well-founded arguments and evidence, such decisions are successfully appealed in the appellate court.
At the same time, it is quite difficult to suspend immediate enforcement, including due to the tight deadlines. The claimant has the right to receive a writ of execution immediately after the operative part of the decision is published. And in electronic form, it can be promptly sent to the FSSP (Federal Bailiff Service).