Ruling of the Supreme Court Judicial Division for Economic Disputes of 20 February 2017 № 306-ЭС16-16518

Court: Supreme Court

Legal issue: Whether the procurator (public prosecutor), when applying to a court in the interest of an uncertain class of persons, should use the mandatory extrajudicial dispute settlement procedure before?                                                                                                  

Ratio decidendi: Extrajudicial dispute settlement procedure promotes quick and mutually beneficial resolution of conflicts; however, the procurator should take measures for preliminary extrajudicial settlement only when the Procuracy appears in court as a party to a substantive legal dispute. In other cases (for instance, when he enters the proceedings for the sake of ensuring legality) he is not under obligation to do so. Thеrefore, lower courts erred when demanded from the procurator to use such extrajudicial procedure.

Subject area:
Court Proceedings commercial proceedings