In this interpretive judgment the Supreme Commercial Court examined new provisions of Chapter 29 of the Commercial Procedure Code, related to the simplified procedure for consideration of cases (i.e., on the basis of written documents and without personal presence of parties). In particular, the Court pointed out that:
- the law provides mandatory criteria for determining the cases which must be considered in simplified procedure. In other cases the simplified procedure may be used with the consent of the parties;
- in the ruling on the acceptance of a suit or application for consideration or on the preparation of a case to court consideration the court may by itself offer to parties to consider the case in the simplified procedure (para 1.2);
- the consent of a party or parties to the consideration of the case in the simplified procedure must be evident; for instance, it must follow from a written application or an application fixed in court minutes(para 3);
- the value of suit (on which depends the possibility of consideration of the case in the simplified procedure) shall include penalty, fine, forfeit, and interest (para 6).
Besides, the peculiarities of consideration and appellate review of cases solved within simplified procedure are treated at length in the present decree.