This decree summarises changes accumulated in the procedural law within recent years. The most important point of debate resolved in the decree relates to the violation by courts of legislatively established terms for consideration of a case. In the view of the Plenary Session, such violation does not does not necessarily amount to the violation of the right to judicial proceedings within a reasonable term, because the compliance with procedural terms is not an independent goal of proceedings in commercial courts. Such compliance is a means of providing stability and certainty in disputable material legal relations, as well as in the procedural relations that have arisen because of the court dispute, within the framework of performing the task of effectuating a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.
It may follow from this statement that, inter alia, the failure to observe procedural terms should not always be a ground for bringing a judge to liability.
Besidеs, it is pointed out that sending documents to court by mail without due regard to the time period necessary for the delivery of correspondence or the submission of the documents to another court may not be regarded as justification for the impossibility to timely submit documents to the court where the case is being considered, because such actions are the circumstances which depend upon the party.
