FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 9, 2010 No. 353-FZ

About introduction of amendments to the Civil Procedure Code of the Russian Federation

Accepted by the State Duma on November 26, 2010

Approved by the Federation Council on December 1, 2010

Article 1

Bring in the Civil Procedure Code of the Russian Federation (The Russian Federation Code, 2002, N 46, Art. 4532; 2004, N 31, Art. 3230; 2005, N 30, Art. 3104; 2006, N 50, Art. 5303; 2007, N 50, Art. 6243; 2010, N 18, Art. 2145) following changes:

Part the fourth Article 7 to state 1) in the following edition:

"4. Civil cases in the Appeal Courts, except as specified, provided by part three of this Article are considered jointly.

Civil cases in courts of cassation and supervising instances are considered jointly.";

Part the second Article 14 to state 2) in the following edition:

"2. Hearing of cases in appeal procedure, except as specified, provided by part three of article 7 of this Code, is performed by court as a part of sudyipredsedatelstvuyushchy and two judges.

Hearing of cases in cassation and supervising procedure is performed by court as a part of the judge-chairman and at least two judges.";

Article 17 to state 3) in the following edition:

"Article 17. Inadmissibility of repeated participation of the judge in consideration of the case

1. The magistrate judge considering case cannot participate in consideration of this case in court of appeal, cassation or supervising instance.

2. The judge who was involved in consideration of the case in Trial Court cannot participate in consideration of this case in court of appeal, cassation or supervising instance.

3. The judge who was involved in consideration of the case in Appeal Court cannot participate in consideration of this case in court of the first, cassation or supervising instance.

4. The judge who was involved in consideration of the case in court of cassation instance cannot participate in consideration of this case in courts of the first, appeal and supervising instances.

5. The judge who was involved in consideration of the case in Supervisory Court cannot participate in consideration of this case in courts of the first, appeal and cassation instances.";

Part the fourth Article 112 to state 4) in the following edition:

"4. The statement for recovery of the passed procedural term established by Article part two 376, part two of Article 391.2 and part two of Article 391.11 of this Code is filed a lawsuit, considered case on the first instance. The specified term can be recovered only in exceptional cases when the court recognizes valid the reasons of its omission on the circumstances which are objectively excluding possibility of submission of the cassation or supervising claim at the scheduled time (serious illness of person making the complaint, its helpless condition and another), and these circumstances took place during the period no later than one year from the date of the introduction of the appealed court decree in legal force.";

The second parts six of Article 152 of the word "or cassation" to exclude 5) in the paragraph;

Part one of Article 209 to state 6) in the following edition:

"1. The judgments take legal effect after term on appeal appeal if they were not appealed.

In case of submission of the petition for appeal the judgment takes legal effect after consideration of this claim by court if the appealed judgment is not cancelled. If determination of Appeal Court cancels or changes resolution of the Trial Court and the new decision is made, it takes legal effect immediately.";

Part the second Article 237 to state 7) in the following edition:

"2. The default judgment can be appealed by the parties also in appeal procedure within a month after submission due date the defendant of the statement for cancellation of this judgment and if such application is submitted, - within a month from the date of removal of determination of court about refusal in satisfaction of this statement.";

8) ceased to be valid according to the Federal Law of the Russian Federation of 08.03.2015 No. 23-FZ

9) ceased to be valid according to the Federal Law of the Russian Federation of 08.03.2015 No. 23-FZ

10) ceased to be valid according to the Federal Law of the Russian Federation of 08.03.2015 No. 23-FZ

11) ceased to be valid according to the Federal Law of the Russian Federation of 08.03.2015 No. 23-FZ

12) ceased to be valid according to the Federal Law of the Russian Federation of 08.03.2015 No. 23-FZ

The name of Chapter 39 to state 13) in the following edition:

"Chapter 39. Production in Appeal Court";

Article 320 to state 14) in the following edition:

"Article 320. Right of appeal appeal

1. The resolutions of the Trial Court which did not take legal effect can be appealed in appeal procedure according to the rules provided by this Chapter.

2. The right of appeal appeal of the judgment belongs to the parties and other persons participating in case. The right of bringing of appeal representation belongs to the prosecutor participating in case.

3. Also persons who were not recruited in case and question of the rights and about whose obligations it was permitted by court have the right to make the petition for appeal.";

To add 15) with Article 320.1 of the following content:

"Article 320.1. The courts considering petitions for appeal, representations

Petitions for appeal, representations are considered:

1) district court - on decisions of magistrate judges;

2) the Supreme Court of the republic, regional, regional court, court of the federal city, court of the autonomous region, court of the autonomous area, district (naval) military court - on decisions of district courts, solutions of garrison public courts;

3) Judicial board on civil cases of the Supreme Court of the Russian Federation, Judicial board on administrative cases of the Supreme Court of the Russian Federation - on the decisions of the Supreme Courts of the republics, regional, regional courts, courts of the federal cities, court of the autonomous region, courts of autonomous areas accepted by them on the first instance; Military board of the Supreme Court of the Russian Federation - on the decisions of district (naval) public courts made by them on the first instance;

4) Appeal board of the Supreme Court of the Russian Federation - on the decisions of the Supreme Court of the Russian Federation made on the first instance.";

Article 321 to state 16) in the following edition:

"Article 321. Procedure and submission due date of the petition for appeal, representation

1. Appeal claim, representation move through the court which made the decision. The appeal claim, representation which arrived directly in appellate instance are subject to the direction in the court which passed the decision for further actions according to requirements of article 325 of this Code.

2. Appeal claim, representation can be submitted within a month from the date of decision making of court in the final shape if other terms are not established by this Code.";

17) in Article 322:

a) in part one:

state Item 1 in the following edition:

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