a number of Important clarifications incorporated in the draft resolution of the Plenum of the Russian Supreme court, prescribed rules of consideration of cases in arbitration court of cassation. Yes, this document addresses only the arbitration courts. However, talking about the universal principle, so that the experts do not exclude that in the nearest future the Supreme court will give similar explanations for civil trials, that is, disputes of ordinary citizens.
In the planned Ordinance is given a clear indication to the courts of cassation to verify the findings of the first instance and appeal for compliance with the legal positions of the Supreme court of Russia.
“This is a significant step forward, because despite the repeated explanations of the Russian Supreme court, arbitration courts do not always listen to him practice, and sometimes make decisions without taking into account the practice of the Supreme court,” – emphasizes the lawyer Vyacheslav guests receive.
the court of cassation is the third instance, its task is to detect errors in already in force decisions. Formally, the point is made, but if the point is unfair, cassation Plenipotentiary to remove it. Now entered into force decisions of the courts should be required to comply with the legal positions of the Supreme court of Russia, expressed in the decisions of the Plenum, the Presidium, as well as in related judicial practice of the Supreme court. If the Plenum is rather General explanations of how to interpret certain rules of law, that the decree of the Presidium are submitted on specific cases. The related judicial practice in fact – collections of live examples.
Many lawyers frown from the word “precedent”. This prejudice arose, it is not excluded, owing to too deep knowledge. Such lawyers believe that non-specialists, speaking of precedent, confuse our rules with English law. Actually, of course, not to be confused, as the majority do not have such deep knowledge. They just do not tangle.
Our legal system is fundamentally different from the Anglo-Saxon, in fact. But exactly the same fact, the judicial practice should be uniform throughout the country. Court decisions on similar issues in St. Petersburg and Khabarovsk, should be identical. So the role of precedents created by the Supreme court of Russia, in the formation of unified judicial practice throughout the country is extremely high.
in addition, as noticed Vyacheslav guests receive prepared the resolution gives the answers and the debate about where the line is drawn between questions of law and questions of fact. “As you know, the court of cassation is not entitled to reinstall the facts of the case, can not appreciate the evidence in dispute,” he recalls.
simply put, the third instance does not check the facts, it is believed that the picture is clear and proven��. Cassation only examines how courts applied the law, I was right there in the title. In this regard, even many lawyers have trouble understanding that you can complain to the court of cassation, for which not. Now partially cassation will be able to doubt the facts: if you do not agree with the motives why the lower courts did not accept certain evidence, the case can be remanded for a new trial. And already the lower courts will understand how it really is.
