Two years of "judicial reform"

Nov 2, 2016

"Per aspera ad astra, or Court Reform, Two Years, All Systems Performing Well?" By Yuliy Tay,  Managing Partner of Advocate Bureau Bartolius, Assistant Professor at the Department of International Private and Civil Law of Moscow State Institute of International Relations, PhD in Law.

An article is now made available to genaral public (free access). It is published in "Vestnik ekonomicheskogo pravosudiia Rossiiskoi Federatsii" [Herald of the Economic Justice of the Russian Federation, formerly Herald of the Supreme Commercial Court] (2016, № 9] and is a kind of sequel to the article of the same author written in co-authorship with Alexander Vereshchagin and Artem Karapetov three years before.

It deals with the results of the Supreme Court law-making activities following the abolition of the Supreme Commercial Court in 2014. The article analyses the functioning of the Chamber for Commercial Disputes of the Supreme Court of the Russian Federation and compares it with the Supreme Arbitrazh (Commercial) Court of the Russian Federation. The comparison is based on the two-year practice of the new Chamber. The article also gives an overall assessment of the clarifications issued by the Supreme Court after it replaced the Supreme Commercial Court. The author sets out convincingly and in considerable detail the difficulties and shortcomings that appeared in court practices as a result of the abolition of the Supreme Commercial Court, and reminds about chronic problems that were already felt at the times of the Supreme Commercial Court and since then stay unresolved. Не proposes solutions to improve procedure in the Chamber for Commercial Disputes.

A significant value should be given to statistical data characterising the appeals, both successful and unsuccessful, to the Supreme Court of Russia submitted by way of "second cassation" and "supervision".

The article can be read and downloaded by following the hyperlink.