of June 23, 2016 No. 220-FZ
About modification of separate legal acts of the Russian Federation regarding application of electronic documents in activities of judicial bodies
Accepted by the State Duma on June 7, 2016
Approved by the Federation Council on June 15, 2016
Bring in the Code of penal procedure of the Russian Federation (The Russian Federation Code, 2001, No. 52, Art. 4921; 2002, No. 22, Art. 2027; No. 30, Art. 3015, 3020, 3029; No. 44, Art. 4298; 2003, No. 27, Art. 2700, 2706, 2708; No. 28, Art. 2880; No. 50, Art. 4847; 2004, No. 17, Art. 1585; No. 27, Art. 2711; No. 49, Art. 4853; 2005, No. 1, Art. 13; No. 23, Art. 2200; 2006, No. 3, Art. 277; No. 10, Art. 1070; No. 23, Art. 2379; No. 28, Art. 2975, 2976; No. 31, Art. 3452; 2007, No. 1, Art. 46; No. 16, Art. 1827; No. 18, Art. 2118; No. 24, Art. 2830, 2833; No. 31, Art. 4008, 4011; No. 41, Art. 4845; No. 49, Art. 6033; No. 50, Art. 6235, 6236, 6248; 2008, No. 12, Art. 1074; No. 24, Art. 2798; No. 49, Art. 5724; No. 52, Art. 6226, 6235; 2009, No. 1, Art. 29; No. 11, Art. 1266, 1267, 1268; No. 18, Art. 2145; No. 26, Art. 3139; No. 29, Art. 3613; No. 44, Art. 5170, 5173; No. 45, Art. 5263; No. 51, Art. 6161; No. 52, Art. 6422, 6453; 2010, No. 1, Art. 4; No. 8, Art. 780; No. 11, Art. 1168, 1169; No. 14, Art. 1552; No. 15, Art. 1756; No. 17, Art. 1985; No. 18, Art. 2145; No. 19, Art. 2284; No. 21, Art. 2525; No. 27, Art. 3416, 3427, 3428, 3431; No. 30, Art. 3986, 3989, 4003; No. 31, Art. 4164, 4193; No. 49, Art. 6412, 6414, 6419; 2011, No. 1, Art. 16, 39, 45, 46; No. 7, Art. 901; No. 13, Art. 1686, 1687; No. 15, Art. 2039; No. 19, Art. 2712; No. 23, Art. 3259; No. 25, Art. 3533; No. 29, Art. 4285, 4286; No. 30, Art. 4598, 4601, 4605; No. 45, Art. 6322, 6323, 6324, 6334; No. 48, Art. 6730; No. 50, Art. 7349, 7350, 7361, 7362; 2012, No. 10, Art. 1162, 1165, 1166; No. 24, Art. 3068, 3070, 3071; No. 26, Art. 3440; No. 30, Art. 4172; No. 31, Art. 4330, 4331, 4332; No. 47, Art. 6401; No. 49, Art. 6752, 6753; No. 53, Art. 7634, 7635, 7636, 7637; 2013, No. 7, Art. 608; No. 9, Art. 875; No. 14, Art. 1661, 1662; No. 17, Art. 2031; No. 23, Art. 2880; No. 26, Art. 3207; No. 27, Art. 3442, 3458, 3477, 3478; No. 30, Art. 4028, 4031, 4050, 4053, 4054, 4078; No. 43, Art. 5441, 5442; No. 44, Art. 5641; No. 48, Art. 6161, 6165; No. 51, Art. 6685, 6696; No. 52, Art. 6945, 6947, 6997; 2014, No. 6, Art. 554, 555, 556, 558; No. 11, Art. 1094; No. 16, Art. 1833; No. 19, Art. 2303, 2309, 2310, 2333, 2335; No. 23, Art. 2926, 2927; No. 26, Art. 3385; No. 30, Art. 4219, 4246, 4252, 4259, 4270, 4274, 4278; No. 43, Art. 5792; No. 48, Art. 6651; 2015, No. 1, Art. 47, 58, 71, 73, 81, 83, 85; No. 6, Art. 885; No. 10, Art. 1406, 1410, 1411, 1417; No. 13, Art. 1806; No. 21, Art. 2981; No. 24, Art. 3367; No. 27, Art. 3981, 3982; No. 29, Art. 4354, 4391; No. 51, Art. 7251; 2016, No. 1, Art. 29, 57, 60, 61; No. 10, Art. 1314; No. 14, Art. 1908; No. 18, Art. 2515) following changes:
The name of part six to state 1) in the following edition:
"Part six. Electronic documents and forms of procedural documents";
The name of the Section XIX to state 2) in the following edition:
"Section XIX. Use in criminal trial of electronic documents and forms of procedural documents";
The name of Chapter 56 to state 3) in the following edition:
"Chapter 56. Procedure for use of electronic documents and forms of procedural documents";
To add 4) with Article 474.1 of the following content:
"Article 474.1. Procedure for use of electronic documents in criminal trial
1. The petition, the statement, the claim, representation can be filed a lawsuit according to the procedure and terms which are established by this Code, in electronic form, signed by person which directed such document, the digital signature in accordance with the legislation of the Russian Federation by means of filling of the form posted on the official site of court on the Internet. The materials attached to the petition, the statement, the claim, representation also move in the form of electronic documents. The electronic documents made by other persons, bodies, the organizations in a free form or the form established for these documents by the legislation of the Russian Federation shall be signed by them the digital signature according to requirements of the legislation of the Russian Federation.
2. The judgment, except for the decisions, the containing data which are the secret protected by the Federal Law, the states affecting safety, the rights and legitimate interests of minors, decisions on cases on crimes against sexual integrity and sexual freedom can be made in electronic form which is signed by the judge the strengthened qualified digital signature. If the judgment is passed by court jointly, it is signed by all judges who were involved in consideration of the case, the strengthened qualified digital signature. In case of production of the judgment in electronic form the judgment copy on paper is in addition made.
3. The copy of the judgment made in electronic form, certified by the strengthened qualified digital signature at request or with the consent of the participant of criminal trial can be sent it with use of the Internet.".
The Federal Law of December 18, 2001 No. 177-FZ "About enforcement of the Code of penal procedure of the Russian Federation" (The Russian Federation Code, 2001, No. 52, Art. 4924; 2002, No. 22, Art. 2028; No. 52, Art. 5137; 2007, No. 1, Art. 4; No. 31, Art. 4011; No. 29, the Art. 4392) to add 2015, with Article 12.2 of the following content:
"Article 12.2. The procedure for filling of the form posted on the official site of court on the Internet is established by the Supreme Court of the Russian Federation and Judicial department under the Supreme Court of the Russian Federation within the powers.
Requirements to technical and to the software used in case of production of judgments (copies of judgments) in the form of electronic documents and signing (assurance) by their strengthened qualified digital signature to use of the Internet for the direction of such electronic documents, other requirements connected with use of electronic documents in criminal trial the list of the electronic documents which are subject to familiarizing with criminal case on paper are determined according to the procedure, established by the Supreme Court of the Russian Federation and Judicial department under the Supreme Court of the Russian Federation within the powers.".
Bring in the Arbitral Procedure Code of the Russian Federation (The Russian Federation Code, 2002, No. 30, Art. 3012; 2009, No. 29, Art. 3642; 2010, No. 18, Art. 2145; No. 31, Art. 4163, 4197; 2011, No. 15, Art. 2038; No. 29, Art. 4291; No. 50, Art. 7364; 2012, No. 26, Art. 3439; 2014, No. 26, Art. 3392; 2016, No. 1, Art. 29; No. 10, Art. 1321) following changes:
Article 4 to add 1) with part 7 of the following content:
"7. The action for declaration, the statement, the claim, representation and other documents can be filed a lawsuit on paper or in electronic form, including in electronic form, signed by the digital signature according to the procedure, established by the legislation of the Russian Federation, by means of filling of the form posted on the official site of court on the Internet.";
Article 15 to add 2) with part 5 of the following content:
"5. The court resolution, except for the act containing the data which are the state or protected by the law other secret if case is considered in the closed judicial session, can be executed in electronic form which is signed by the judge the strengthened qualified digital signature. If the court resolution is adopted by court jointly, it is signed by all judges considering case, the strengthened qualified digital signature.
In case of accomplishment of court resolution in electronic form the copy of this court resolution on paper is in addition carried out.";
3) regarding 1 Article 41:
a) in paragraph one of the word "receive copies of the court resolutions adopted in the form of the separate document" shall be replaced with words "receive the court resolutions adopted in the form of separate documents, and their copy according to the procedure, provided by this Code";
b) state paragraph two in the following edition:
"Persons participating in the case having also the right to bring documents in electronic form into Arbitration Court, including in form of an electronic document, signed by the digital signature according to the procedure, established by the legislation of the Russian Federation to fill the form posted on the official site of court on the Internet.";
Paragraph one of part 3 of Article 75 to state 4) in the following edition:
"3. The documents received by means of fax, electronic or other connection, including with use of the Internet, and also the documents signed by the digital signature according to the procedure, established by the legislation of the Russian Federation, are allowed as written proofs in cases and procedure which are provided by this Code, other Federal Laws, other regulatory legal acts or the agreement.";
Part 1 of Article 92 to add 5) with the paragraph of the following content:
"The application for the providing the claim signed by the strengthened qualified digital signature according to the procedure, established by the legislation of the Russian Federation can be submitted to Arbitration Court by means of filling of the form posted on the official site of Arbitration Court on the Internet.";
Part 1 of Article 99 to add 6) with the paragraph of the following content:
"The application for the ensuring valuable interests signed by the strengthened qualified digital signature according to the procedure, established by the legislation of the Russian Federation can be submitted to Arbitration Court by means of filling of the form posted on the official site of Arbitration Court on the Internet.";
Paragraph two of part 1 of Article 122 to state 7) in the following edition:
"If the Arbitration Court has proofs of obtaining by persons participating in case and other participants of arbitral procedure of determination about adoption of the action for declaration or statement to production and initiation of proceeedings, information on time and the place of the first judicial session, court resolutions which fix time and the place of the subsequent judicial sessions or making of separate legal proceedings go to the persons participating in case and other participants of arbitral procedure by means of placement of these court resolutions on the official site of Arbitration Court on the Internet in the Section, access to which is provided to persons participating in case and other participants of arbitral procedure (further also - in the mode of limited access). The Arbitration Court also has the right to inform specified persons on the subsequent judicial sessions and separate legal proceedings on case by the direction of the telephone message, the telegram, on fax connection or e-mail
or with use of other means of communication.";
To add part 1 of Article 125 with the paragraph of the following content:
"The action for declaration submitted by means of filling of the form posted on the official site of Arbitration Court on the Internet the containing petition for providing the claim, is signed by the strengthened qualified digital signature according to the procedure, established by the legislation of the Russian Federation.";
Part 1 of Article 129 to add 9) with Item 2.1 of the following content:
"2. 1) the declared requirements are subject to consideration according to the procedure of mandative production;";
10) in paragraph three of part 3 of Article 135 of the word "in the Section, access to which is provided only to persons participating in case (further-in the mode of limited access)," shall be replaced with words "in the mode of limited access";
11) in Article 169:
a) state part 1 in the following edition:
"1. The decision of Arbitration Court is stated in the form of the separate document.
The decision is carried out in electronic form. In case of absence in Arbitration Court of technical capability for accomplishment of the decision in electronic form the decision is carried out on paper.";
b) state part 5 in the following edition:
"5. In case of accomplishment of the decision in electronic form the copy of this decision on paper which is also filed is in addition carried out.";
Part 3 of Article 176 to add 12) with the paragraph of the following content:
"In case of accomplishment of substantive provisions of the decision in electronic form the copy of these substantive provisions of the decision on paper which is also filed is in addition carried out.";
Part 1 of Article 177 to state 13) in the following edition:
"1. The decision executed in electronic form goes to the persons participating in case by means of its placement on the official site of Arbitration Court on the Internet in the mode of limited access no later than the next day after day of its acceptance.
According to the petition of specified persons of the copy of the decision can be on paper sent them to five-day time from the date of receipt of the corresponding petition in Arbitration Court by the registered mail with the assurance of receipt or are handed to them on receipt.
If the decision is executed only on paper, the Arbitration Court sends copies of the decision to the persons participating in case to five-day time from the date of decision making by the registered mail with the assurance of receipt or hands to them on receipt.";
Part 2 of Article 184 to state 14) in the following edition:
"2. Determination is taken out by Arbitration Court in the form of separate court resolution or legal determination.
The arbitration court ruling in the form of separate court resolution is carried out in electronic form. In case of absence in Arbitration Court of technical capability for accomplishment of determination in electronic form determination is carried out on paper.
In case of accomplishment of determination in electronic form the copy of this determination on paper is in addition carried out.";
Article 186 to state 15) in the following edition:
"Article 186. Direction of determination
1. The determination which is taken out in the form of separate court resolution, executed in electronic form goes to the persons participating in case and other interested persons by means of its placement on the official site of Arbitration Court on the Internet in the mode of limited access no later than the next day after day of its removal if other is not established by this Code.
According to the petition of specified persons of the copy of the determination which is taken out in the form of separate court resolution on paper can be sent them to five-day time from the date of receipt of the corresponding petition in Arbitration Court by the registered mail with the assurance of receipt or are handed to them on receipt.
2. If determination is executed only on paper, the Arbitration Court sends to specified persons of the copy of determination to five-day time from the date of determination removal by the registered mail with the assurance of receipt or hands to them on receipt if other term is not established by this Code.";
Article 229.5 to state 16) in the following edition:
"Article 229.5. Procedure for mandative production
1. The application for mandative production is submitted to Arbitration Court by the general rules of cognizance established by this Code.
2. The writ for mandative production is taken out by Arbitration Court within ten days from the date of receipt of the statement for issue of the writ in Arbitration Court.
The writ is taken out without challenge of the claimant and the debtor and without carrying out legal proceedings.
The court researches stated in the application for issue of the writ directed by the claimant and documents of the data attached to it in reasons for line item of this person and takes out the writ based on the submitted documents.
3. The writ is executed in electronic form, signed by the strengthened qualified digital signature, and in duplicate on paper. The writ copies executed on paper are constituted on the special form and signed by the judge.
The copy of the writ on paper in five-day time from the date of pronouncement of the writ is sent to the debtor who within ten days from the date of its obtaining has the right to provide objections concerning execution of the writ.
The writ is posted on the official site of Arbitration Court on the Internet no later than the next day after day of its removal.
4. The writ is subject to cancellation by the judge if from the debtor in the time established by part 3 of this Article objections concerning its execution arrive.
In determination of court about cancellation of the writ it is specified that requirement declared by the claimant can be imposed according to the procedure of claim production or production on the cases arising from administrative and other public legal relationship.
Copies of determination of court about cancellation of the writ go to the claimant and the debtor in time, not exceeding five days from the date of removal of the specified determination. The specified determination is posted on the official site of Arbitration Court on the Internet no later than the next day after day of its removal.
5. If objections of the debtor arrived in court after fixed term, they are not considered by Arbitration Court and return to person by whom they were given, except for case if this person proved impossibility of representation of objections at the scheduled time for the reasons which are not depending on it.
About return of the documents containing the debtor's objections, the court takes out determination.
6. If at the scheduled time the debtor does not provide objections, the second copy of the writ certified by official stamp of court for its presentation to execution is issued to the claimant. This copy of the writ according to the petition of the claimant can be directed by court for execution. The first copy of the writ remains in case papers.
The writ can be directed by court for the execution in electronic form signed by the judge the strengthened qualified digital signature according to the procedure, established by the legislation of the Russian Federation.
7. During mandative production the rules provided by Chapter 8, Articles 128, of 132, Chapters 14 - the 19th of this Code are not applied.
8. In case of collection of the state fee from the debtor in the income of the relevant budget based on the writ the writ of execution which is certified by official stamp of court is issued and goes court for execution in this part to the judicial police officer-contractor. The writ of execution can go court for the execution to the judicial police officer-contractor in electronic form signed by the judge the strengthened qualified digital signature according to the procedure, established by the legislation of the Russian Federation.
9. Requirements to formats of the executive documents directed for execution in electronic form are established by the Government of the Russian Federation.
10. The writ takes legal effect after term for representation of objections concerning execution of the writ.
11. The writ can be appealed in Arbitration Court of cassation instance in time, stipulated in Clause the 276th of this Code, and is reviewed by rules of Chapter 35 of this Code taking into account features, stipulated in Article 288.1 of this Code.";
17) part 2 of Article 229.6 to recognize invalid;
Part 1 of Article 265.1 to add 18) with the paragraph of the following content:
"The petition for the suspension of execution of court resolutions signed by the strengthened qualified digital signature according to the procedure, established by the legislation of the Russian Federation can be submitted to Arbitration Court by means of filling of the form posted on the official site of Arbitration Court on the Internet.";
Part 1 of Article 283 to add 19) with the paragraph of the following content:
"The petition for the suspension of execution of court resolutions signed by the strengthened qualified digital signature according to the procedure, established by the legislation of the Russian Federation can be submitted to Arbitration Court by means of filling of the form posted on the official site of Arbitration Court on the Internet.";
20) Items 2 and 4 of part 6 of Article 288.1 to recognize invalid;
Part 3 of Article 291.6 to add 21) with the paragraph of the following content:
"The petition for the suspension of execution of court resolutions signed by the strengthened qualified digital signature according to the procedure, established by the legislation of the Russian Federation can be submitted to Arbitration Court by means of filling of the form posted on the official site of Arbitration Court on the Internet.";
Part 3 of Article 308.4 to add 22) with the paragraph of the following content:
"The petition for the suspension of execution of court resolutions signed by the strengthened qualified digital signature according to the procedure, established by the legislation of the Russian Federation can be submitted to Arbitration Court by means of filling of the form posted on the official site of Arbitration Court on the Internet.".
The Federal Law of July 24, 2002 No. 96-FZ "About enforcement of the Arbitral Procedure Code of the Russian Federation" (The Russian Federation Code, 2002, No. 30, Art. 3013; 2007, No. 49, Art. 6071; 2009, No. 19, Art. 2283; 2010, No. 32, Art. 4298; 2011, No. 15, Art. 2029; No. 23, the Art. 2866) to add 2013, with Article 11.4 of the following content:
"Article 11.4. The procedure for filling of the form posted on the official site of court on the Internet is established by the Supreme Court of the Russian Federation and Judicial department under the Supreme Court of the Russian Federation within the powers.
Requirements to technical and to the software used in case of accomplishment of court resolutions and other documents in the form of electronic documents and signing (assurance) by their strengthened qualified digital signature to use of the Internet for the direction of such electronic documents, other requirements connected with use of documents in electronic form when considering the case the list of such documents which are subject to familiarizing with case on paper are determined according to the procedure, established by the Supreme Court of the Russian Federation and Judicial department under the Supreme Court of the Russian Federation within the powers.".
The Federal Law of November 14, 2002 No. 137-FZ "About enforcement of the Civil Procedure Code of the Russian Federation" (The Russian Federation Code, 2002, No. 46, Art. 4531; 2007, No. 49, Art. 6071; 2009, No. 19, Art. 2283; 2010, No. 32, Art. 4298; 2011, No. 15, Art. 2029; No. 23, the Art. 2866) to add 2013, with Article 6.4 of the following content:
"Article 6.4. The procedure for filling of the form posted on the official site of court on the Internet is established by the Supreme Court of the Russian Federation and Judicial department under the Supreme Court of the Russian Federation within the powers.
Requirements to technical and to the software used in case of accomplishment of court decrees and other documents in the form of electronic documents and signing (assurance) by their strengthened qualified digital signature to use of the Internet for the direction of such electronic documents, other requirements connected with use of documents in electronic form when considering the case the list of such documents which are subject to familiarizing with case on paper are determined according to the procedure, established by the Supreme Court of the Russian Federation and Judicial department under the Supreme Court of the Russian Federation within the powers.".
Bring in the Civil Procedure Code of the Russian Federation (The Russian Federation Code, 2002, No. 46, Art. 4532; 2004, No. 31, Art. 3230; 2007, No. 50, Art. 6243; 2009, No. 14, Art. 1578; 2010, No. 18, Art. 2145; No. 50, Art. 6611; 2013, No. 9, Art. 872; 2014, No. 11, Art. 1094; 2015, No. 1, Art. 58; No. 10, Art. 1393; 2016, No. 1, Art. 29; No. 10, Art. 1319) following changes:
Article 3 to add 1) with part pervoy.1 the following content:
"1.1. The action for declaration, the statement, the claim, representation and other documents can be filed a lawsuit on paper or in electronic form, including in electronic form, signed by the digital signature according to the procedure, established by the legislation of the Russian Federation, by means of filling of the form posted on the official site of court on the Internet.";
Part one of Article 13 to add 2) with paragraphs of the following content:
"The court decree, except for the resolution containing the data which are the secret protected by the law can be executed in electronic form which is signed by the judge the strengthened qualified digital signature. If the resolution is accepted court jointly, it is signed by all judges considering case, the strengthened qualified digital signature.
In case of accomplishment of the court decree in electronic form the copy of this court decree on paper is in addition carried out.";
3) in Article 35:
a) to add part one after the words "concerning petitions and arguments of other persons participating in case;" with the words "receive copies of court decrees, including receive with use of the Internet of the copy of the court decrees executed in the form of electronic documents and also notices, challenges and other documents (their copy) in electronic form;";
b) add with part pervoy.1 the following content:
"1.1. Persons participating in the case having the right to bring into court documents both on paper, and in electronic form, including in form of an electronic document, signed by the digital signature according to the procedure, established by the legislation of the Russian Federation to fill the form posted on the official site of court on the Internet.";
c) add with part pervoy.2 the following content:
"1.2. The persons participating in case, having the right to bring other documents in electronic form into court including in the form of the electronic documents executed by specified persons or other persons, bodies, the organizations. Such documents are carried out in the form established for these documents by the legislation of the Russian Federation, or in a free form if the form for such documents is not established by the legislation of the Russian Federation.";
4) in Article 71:
a) state part one in the following edition:
"1. Written proofs are the containing data on the circumstances important for consideration and permission of case, acts, agreements, references, business correspondence, other documents and materials executed in the form of digital, graphical record, including received by means of fax, electronic or other connection, with use of the Internet, the documents signed by the digital signature according to the procedure, established by the legislation of the Russian Federation, or executed other by the method allowing to establish reliability of the document. Sentences and the judgments, other court decrees, protocols of making of legal proceedings, protocols of judicial sessions, appendices to protocols of making of legal proceedings (schemes, maps, plans, drawings) belong to written proofs.";
b) to add paragraph two of part two with the offer of the following content: "If copies of documents are brought into court in electronic form, the court can demand submission of originals of these documents.";
5) in Article 113:
a) add with part vtoroy.1 the following content:
"2.1. The public authorities, local government bodies, other bodies and the organizations which are the parties and other participants of process can be informed by court on time and the place of judicial session or making of separate legal proceedings only by means of placement of the relevant information on the official site of court on the Internet in the time specified in part three of this Article if the court has proofs that specified persons are properly informed on time and the place of the first judicial session. Such persons who received the first judicial notice on case in point independently undertake measures for receipt of further information on movement of case with use of any sources of such information and any means of communication.
Persons specified in paragraph one of this part bear risk of approach of adverse effects as a result of rejection by them of measures for receipt of information on case movement if the court has data that these persons are properly informed on the begun process, except as specified, when measures for receipt of information could not be taken by them owing to force and impreventable majeure.
In the absence of technical capability at local government bodies, other bodies and the organizations they have the right to declare the petition for the direction to them of judicial notices and challenges without use of the Internet.";
b) add with part seven of the following content:
"7. For the purpose of informing participants of process on case movement if technically possible information on adoption of the action for declaration or the statement to production, about time and the place of judicial session or making of separate legal proceeding is posted by court on the official site of the relevant court on the Internet in the time specified in part three of this Article, and on cases with the reduced consideration terms - not later than three days prior to judicial session or making of separate legal proceeding.";
Part the fourth Article 131 to add 6) with the paragraph of the following content:
"The action for declaration submitted by means of filling of the form posted on the official site of court on the Internet the containing petition for providing the claim, is signed by the strengthened qualified digital signature according to the procedure, established by the legislation of the Russian Federation.";
Part one of Article 139 to add 7) with the paragraph of the following content:
"The application for the providing the claim signed by the strengthened qualified digital signature according to the procedure, established by the legislation of the Russian Federation can be filed a lawsuit by means of filling of the form posted on the official site of court on the Internet.";
To add part one of Article 197 with the paragraph of the following content:
"The judgment can be executed in electronic form. In case of accomplishment of the decision in electronic form the copy of this decision on paper is in addition carried out.";
Part one of Article 199 to add 9) with the offer of the following content: "In case of accomplishment of substantive provisions of the decision in electronic form the copy of these substantive provisions of the decision on paper which is also filed is in addition carried out.";
Article 214 to state 10) in the following edition:
"Article 214. Dispatch of copies of the judgment
1. - to citizens of the copy of the judgment are sent to the persons who are participating in case, but not present at judicial session on paper not later than in five days from the date of decision making of court in the final shape. According to their petition or from their consent if technically possible in court of the copy of the judgment are sent by means of their placement on the official site of court on the Internet in the Section, access to which is provided to the parties and other participants of process (further also - in the mode of limited access).
- to public authorities, local government bodies, other bodies and the organizations of the copy of the judgment are sent to the persons who are participating in case, but not present at judicial session by means of their placement on the official site of court on the Internet in the mode of limited access. In the absence of technical capability in court are sent to specified persons of the copy of the judgment on paper not later than in five days from the date of decision making of court in the final shape.
2. In the cases provided by the Federal Law, copies of the judgment after its introduction go to legal force to other persons on paper or in electronic form.";
Article 224 to add 11) with part four of the following content:
"4. Determination of court can be executed in electronic form. In case of accomplishment of determination in electronic form the copy of this determination on paper is in addition carried out.";
Article 227 to state 12) in the following edition:
"Article 227. Dispatch to persons participating in case, copies of determination of court
1. - to citizens of the copy of determination of court about suspension or suit abatement or about leaving of the statement without consideration are sent to the persons participating in case, but who did not be in judicial session on paper not later than in three days from the date of removal of determination of court. According to their petition or from their consent if technically possible in court of the copy of determination of court are sent by means of their placement on the official site of court on the Internet in the mode of limited access.
2. - to public authorities, local government bodies, other bodies and the organizations of the copy of the determination of court specified in part one of this Article are sent to the persons participating in case, but who did not be in judicial session by means of their placement on the official site of court on the Internet in the mode of limited access. In the absence of technical capability in court are sent to specified persons of the copy of determination of court on paper not later than in three days from the date of removal of determination of court.";
Part one of Article 381 to add 13) with the paragraph of the following content:
"The petition for the judgment execution suspension signed by the strengthened qualified digital signature according to the procedure, established by the legislation of the Russian Federation can be filed a lawsuit by means of filling of the form posted on the official site of court on the Internet.";
Part one of Article 391.5 to add 14) with the paragraph of the following content:
"The petition for the judgment execution suspension signed by the strengthened qualified digital signature according to the procedure, established by the legislation of the Russian Federation can be filed a lawsuit by means of filling of the form posted on the official site of court on the Internet.".
Part 1 of article 19 of the Federal Law of December 22, 2008 No. 262-FZ "About ensuring access to information on activity of the courts in the Russian Federation" (The Russian Federation Code, 2008, No. 52, Art. 6217; No. 29, the Art. 4291) to add 2011, with the offer of the following content: "The reply to the request given in electronic form can be directed in electronic form, including in electronic form, signed by officials, representatives to sign the specified documents performed on paper, the digital signature in accordance with the legislation of the Russian Federation if in request the different way of receipt of the answer is not specified.".
Bring in article 6 of the Federal Law of April 6, 2011 No. 63-FZ "About the digital signature" (The Russian Federation Code, 2011, No. 15, Art. 2036; 2016, No. 1, Art. 65) following changes:
To add 1) with part 3.1 following of content:
"3.1. If the Federal Laws adopted according to them regulatory legal acts provide that the document shall be signed by several persons, the electronic document shall be signed by persons (authorized officers of body, organization) which made this document, that type of the signature which is established by the legislation of the Russian Federation for signing of the made electronic document the digital signature.";
Part 4 to state 2) in the following edition:
"4. Several electronic documents (packet of electronic documents) connected among themselves can be signed by one digital signature. When signing by the digital signature of packet of electronic documents each of the electronic documents entering this packet is considered signed by the digital signature of that type which signs packet of electronic documents. The exception is constituted by cases when the structure of packet of electronic documents by person which signed packet includes the electronic documents created by other persons (bodies, the organizations) and signed by them that type of the digital signature which is established by the legislation of the Russian Federation for signing of such documents. In these cases the electronic document entering packet is considered the signed person who originally created such electronic document, that type of the digital signature by which this document was signed during creation, regardless of what type of the digital signature signs packet of electronic documents.".
Bring in the Code of administrative legal proceedings of the Russian Federation (The Russian Federation Code, 2015, No. 10, Art. 1391; No. 27, Art. 3981; 2016, No. 15, Art. 2065) following changes:
1) Article 16 to add with part 1.1 following of content:
"1.1. The court resolution, except for the act containing the data which are the secret protected by the law can be executed in electronic form which is signed by the judge the strengthened qualified digital signature. If the court resolution is adopted by court jointly, it is signed by all judges considering case, the strengthened qualified digital signature. In case of accomplishment of court resolution in electronic form the copy of this court resolution on paper is in addition carried out.";
2) in Article 45:
a) state part 2 in the following edition:
"2. The administrative action for declaration, the statement, the claim, representation and other documents can be filed a lawsuit on paper or in electronic form, including in electronic form, signed by the digital signature according to the procedure, established by the legislation of the Russian Federation, by means of filling of the form posted on the official site of court on the Internet.";
b) recognize part 3 invalid;
c) state part 4 in the following edition:
"4. Persons participating in the case having the right to receive with use of the Internet of the copy of the court resolutions executed in the form of electronic documents, notices, challenges and other documents (their copy) in electronic form, except for documents, containing information, access to which according to the legislation is limited.";
3) regarding the 2nd Article 59 of the word"," to exclude electronic documents;
4) Article 70 to add with part 1.1 following of content:
"1.1. The documents received by means of fax, electronic or other connection, including with use of the Internet, and also the documents signed by the digital signature according to the procedure, established by the legislation of the Russian Federation, are allowed as written proofs in cases and procedure which are provided by this Code, other Federal Laws, other regulatory legal acts. If copies of documents are brought into court in electronic form, the court can demand submission of originals of these documents.";
5) Article 86 to add with part 1.1 following of content:
"1.1. The application for the application of measures of preliminary protection in the administrative claim signed by the strengthened qualified digital signature according to the procedure, established by the legislation of the Russian Federation can be filed a lawsuit by means of filling of the form posted on the official site of court on the Internet. The administrative action for declaration submitted by means of filling of the form posted on the official site of court on the Internet, the containing petition for application of measures of preliminary protection in the administrative claim is signed by the strengthened qualified digital signature according to the procedure, established by the legislation of the Russian Federation.";
6) in Article 96:
a) regarding 1 word "Persons" shall be replaced with words "If other is not provided by this Code, persons";
b) add with parts 8 - 10 following contents:
"8. Administrative claimants - the public authorities, other state bodies, local government bodies, other bodies and the organizations given separate state or other public authority can be informed by court on time and the place of judicial session (preliminary judicial session) only by means of placement of the relevant information on the official site of court on the Internet in the time specified in part 7 of this Article. Specified persons, and also the other persons who are participating in case, having the state or other public powers received the first judicial notice on the considered administrative case independently undertake measures for receipt of further information on movement of administrative case with use of any sources of such information and any means of communication.
9. Persons specified in part 8 of this Article bear risk of approach of adverse effects as a result of rejection by them of measures for receipt of information on movement of administrative case if the court has data that these persons are properly informed on the begun process, except as specified, when measures for receipt of information could not be taken by them owing to force and impreventable majeure.
10. In the absence of technical capability at persons participating in case - local government bodies, other bodies and the organizations given separate state or other public authority they have the right to declare the petition for the direction to them of judicial notices and challenges without use of the Internet.";
Article 125 to add 7) with part 9 of the following content:
"9. The administrative action for declaration submitted by means of filling of the form posted on the official site of court on the Internet, the containing petition for application of measures of preliminary protection in the administrative claim is signed by the strengthened qualified digital signature according to the procedure, established by the legislation of the Russian Federation.";
To add Article 177 with part 3 following of content:
"3. In case of accomplishment of substantive provisions of the judgment in electronic form the copy of these substantive provisions of the judgment on paper is in addition carried out.";
9) Article 179 to add with part 1.1 following of content:
"1.1. The judgment can be executed in electronic form. In case of accomplishment of the decision in electronic form the copy of this decision on paper is in addition carried out.";
10) Article 182 to add with part 1.1 following of content:
"1.1. The copy of the judgment executed in electronic form is sent to the persons who are participating in case, having the state or other public powers by means of its placement on the official site of court on the Internet in the Section, access to which is provided to persons participating in case and other participants of process (further also - in the mode of limited access).";
11) Article 198 to add with part 1.1 following of content:
"1.1. Determination of court in the form of separate court resolution can be executed in electronic form. In case of accomplishment of determination in electronic form the copy of this determination on paper is in addition carried out.";
Article 201 to add 12) with the offer of the following content: "The copy of determination of the court executed in electronic form goes to the persons who are participating in case, having the state or other public powers by means of its placement on the official site of court on the Internet in the mode of limited access.";
"Part 1 of Article 125" shall be replaced with words 13) regarding 1 Article 209 of the word "parts 1, of the 8 and 9 Article 125";
"Part 1 of Article 125" shall be replaced with words 14) regarding 1 Article 220 of the word "parts 1, of the 8 and 9 Article 125";
"Part 1 of Article 125" shall be replaced with words 15) regarding 1 Article 252 of the word "parts 1, of the 8 and 9 Article 125";
In paragraph one of part 1 of Article 287 of the word of "part 1 of Article 125" shall be replaced with words 16) "parts 1, of the 8 and 9 Article 125".
Bring in the Federal Law of March 8, 2015 No. 22-FZ "About enforcement of the Code of administrative legal proceedings of the Russian Federation" (The Russian Federation Code, 2015, No. 10, the Art. 1392) the following changes:
Shall be replaced with words 1) regarding 1 Article 2 of the word "September 15, 2016" "on January 1, 2017";
Article 5 to state 2) in the following edition:
"Article 5
1. The procedure for filling of the form posted on the official site of court on the Internet is established by the Supreme Court of the Russian Federation and Judicial department under the Supreme Court of the Russian Federation within the powers.
2. Requirements to technical and to the software used in case of accomplishment of court resolutions and other documents in the form of electronic documents and signing (assurance) by their strengthened qualified digital signature to use of the Internet for the direction of such electronic documents, other requirements connected with use of documents in electronic form when considering the case the list of such documents which are subject to familiarizing with case on paper are determined according to the procedure, established by the Supreme Court of the Russian Federation and Judicial department under the Supreme Court of the Russian Federation within the powers.".
The paragraph the sixty fourth Item 14, paragraphs the thirteenth and fifteenth Item 18 of article 1 of the Federal Law of March 2, 2016 No. 47-FZ "About modification of the Arbitral Procedure Code of the Russian Federation" (The Russian Federation Code, 2016, as No. 10, the Art. 1321) to recognize invalid.
1. This Federal Law becomes effective since January 1, 2017, except for provisions for which this Article establishes other terms of their introduction in force.
2. Item 1 of article 10 of this Federal Law becomes effective from the date of official publication of this Federal Law.
3. Items 9, of 16, of the 17 and 20 Article 3 and article 11 of this Federal Law become effective since July 1, 2016.
4. Provisions of the Code of penal procedure of the Russian Federation (in edition of this Federal Law), the Arbitral Procedure Code of the Russian Federation (in edition of this Federal Law), the Civil Procedure Code of the Russian Federation (in edition of this Federal Law), the Code of administrative legal proceedings of the Russian Federation (in edition of this Federal Law) are applied if technically possible in court.
President of the Russian Federation
V. Putin
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