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Subtleties of Proceedings in the First Instance of the Commercial Court


Abstract: The article contains some comments on the legal positions stated in the Decree of the Plenum of the Supreme Court of the Russian Federation No. 46 dated December 23, 2021, as well as on novelties in the regulation of arbitration web conferences. The Decree points the participants of procedural relations to the need for conscientious implementation of their rights and obligations in the conditions of an adversarial process. It also indicates their obligation to apply the consequences of abuse of procedural rights. The emphasis on the risky nature of procedural relations stimulates the application of liability measures and encourages participants to exercise their rights and obligations. The categories of "other economic activity" and "dispute on the right to real estate" underlie the competence of arbitration courts but remain unclear. The author criticizes the decisions of the Plenum to lower the requirements for qualifications of legal representatives and formalize their powers in technical actions. The fact that a contractual representative has to apply for admission at each court session contradicts the principle of procedural economy and the legal nature of the procedural legal relationship. The article also reviews the amendments to the Arbitration Procedure Code of the Russian Federation in terms of online court sessions.
Keywords: Decree / procedural / legal / obligations / Russian / Plenum / arbitration / court sessions

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