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RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of April 18, 2017 No. 10

About some questions of application by courts of provisions of the Civil Procedure Code of the Russian Federation and Arbitral Procedure Code of the Russian Federation of the simplified production

For the purpose of ensuring the correct and uniform application by courts of law and Arbitration Courts of provisions of the Civil Procedure Code of the Russian Federation (further - the CCP of the Russian Federation) and the Arbitral Procedure Code of the Russian Federation (further - the AIC of the Russian Federation) about the simplified production the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, articles 2 and 5 of the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to make the following explanations.

General provisions

The cases considered according to the procedure of the simplified production

1. The simplified production represents the special procedure for hearing of cases provided by Chapter 21.1 of the CCP of the Russian Federation and Chapter of 29 AIC of the Russian Federation according to which courts of law consider cases of claim production and Arbitration Courts cases of claim production and production on the cases arising from administrative and other public legal relationship are considered. Unlike mandative production hearing of cases according to the procedure of the simplified production does not exclude availability of dispute on the right.

The cases listed in part one of article 232.2 CCP of the Russian Federation and parts 1 and 2 of Article of 227 AIC of the Russian Federation, and in case of the consent of the parties - and other cases are considered by magistrate judges, other courts of law and Arbitration Courts according to the procedure of the simplified production.

2. With the action for declaration (statement) according to requirements considered according to the procedure of the simplified production, the citizens having the right to address - physical persons and individual entrepreneurs, the organizations, public authorities, local government bodies, other bodies. With the action for declaration (statement) according to requirements considered in that order the prosecutor within the powers has the right to address to court of law, Arbitration Court.

3. Taking into account Item provisions 5 parts one of article 23 CCP of the Russian Federation magistrate judges according to the procedure of the simplified production consider cases on actions for declaration on money recovery or on reclamation of property, case on actions for declaration on recognition of the property right if the price of the claim does not exceed fifty thousand rubles, except for cases on inheritance of property and the cases arising from the relations on creation and use of results of intellectual activities (part one of article 232.2 CCP of the Russian Federation).

Other cases, stipulated in Article 232.2 CCP of the Russian Federation, are considered by district courts according to the procedure of the simplified production.

4. According to Item of 1 part one of article 232.2 CCP of the Russian Federation, Item of 1 part of 1 Article of 227 AIC of the Russian Federation courts of law and Arbitration Courts consider cases on actions for declaration on money recovery according to the procedure of the simplified production if the price of the claim considered by court of law does not exceed hundred thousand rubles, and the price of the claim considered by Arbitration Court - five hundred thousand rubles (when defendant is the legal entity) and two hundred fifty thousand rubles (when defendant is the individual entrepreneur). At the same time the declared requirements are subject to consideration according to the procedure of the simplified production only in cases:

if the specified requirement is not subject to consideration according to the procedure of mandative production;

if according to the specified requirements the writ, but in adoption of the statement for pronouncement (issue) of the writ according to these requirements by the magistrate judge can be issued, by Arbitration Court it was refused or the injunction was repealed (Article part three 125, articles 128 and 129 CCP of the Russian Federation, part 3 of Article 229. 4, part 4 of Article 229.5 of the AIC of the Russian Federation).

5. According to Item of 1 part one of article 232.2 CCP of the Russian Federation, Item of 1 part of 1 Article of 227 AIC of the Russian Federation money which is subject to collection according to the procedure of the simplified production, are understood as the amounts of principal debt, and also added based on the Federal Law or the agreement of the amount of percent and penalties (penalty, penalty fee) which total amount shall not exceed the limits set by the specified regulations.

The price of the claim considered by courts of law, Arbitration Courts and consisting of several independent requirements is determined by the amount of all requirements.

6. The requirements following from civil legal relationship, one of which has property character and treats the requirements specified in part one of article 232.2 CCP of the Russian Federation, parts 1, 2 Articles of 227 AIC of the Russian Federation, and another - non-property nature, are considered according to the procedure of the simplified production if the court will not select the requirement which has non-property character in separate production (part six of article 232.2 CCP of the Russian Federation, part 7 of Article of 227 AIC of the Russian Federation). So, cases in which, along with the consumer requirements which are subject to consideration in such procedure about money recovery, the requirement about compensation of moral harm is declared are considered according to the procedure of the simplified production.

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