New Code of Civil Proceedings: Outlook

Abstract

As part of the legislative work of the common rules of civil procedure to be applied by the courts of general jurisdiction and arbitration courts, the author addresses the problem of unification and codification of principles. The thesis of the need for a broader approach: include major, cross-industry principles and institutions, and the principles of international law relating to the rights, freedoms and legitimate interests of the person, including the judiciary ones in the new code. Based on the analysis of the main provisions and principles of international law, the author concludes that there is a need for consolidation in the new code of principles of a fair trial, to be informed with regard to matters affecting the rights, freedoms and legitimate interests; freely exercise procedural rights; access to free legal aid in cases stipulated by the federal law; compliance with private and public interests; compliance with the principle of legal certainty. In this case, the focus is on what part of the principles of the concept of a fair trial is already familiar in civil and arbitration process, and the other part is known only by the decisions of the European Court of Human Rights Complaints against the Russian Federation. However, mechanical transfer of the principles already enshrining civil process in the new code will not be consistent with the objectives and purposes of civil proceedings. The principles of civil procedure are necessary to comprehend subject to the progressively developing legal, judicial practice, including the European Court of Human Rights. The author by the example of the openness and consideration of the case within a reasonable time demonstrates the objective necessity of updating the content of the principles of civil proceedings, taking into account the use of electronic public services. The article also draws attention to the need to establish a uniform level of legal safeguards that arise from the generally recognized principles of international law, the rights, freedoms and legitimate interests in judicial and non-judicial proceedings.