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How to become a participant in an online court

08.05.2020
10 min read
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Pepeliaev Group advises that a number of judicial acts have been adopted to clarify the ways of participating in court hearings online (without attending the court in person)

How courts are functioning during the COVID-19 pandemic

We remind you that in connection with the spread of the coronavirus infection starting from 8 April 2020 the Presidium of the Russian Supreme Court (the “Supreme Court”) jointly with the Presidium of the Russian Judicial Council (the “Judicial Council”) have adopted Resolution No. 821[1] (the “Resolution”) stipulating that personal meetings with individuals are temporarily suspended and recommending that documents should be filed, among other ways, through 'online reception desks'. The Resolution has imposed on the courts an obligation to ensure the processing of all the documents filed with the court, including in electronic form[2].

Subsequently, the Resolution was completed with a recommendation that the courts, [3] provided they have the technical capabilities and take account of the opinions of those participating in a case, must conduct court hearings on cases (materials)[4] using a video conferencing and/or web conferencing system, having due regard to the experience of the Supreme Court. To participate in a court hearing using web conferencing tools, those participating in the proceedings must file with the court an application in electronic form attaching electronic images of identity documents and documents confirming their powers.

The specified regime has been established for the period from 8 April 2020 to 11 May 2020 (inclusive)[5].

Courts that have ensured technical capabilities for online hearings

As at 8 May 2020 a number of courts (of which the list is set out below) have used the above recommendations for setting up their information systems and ensuring technical capabilities for conducting online hearings. The first court to announce on its official website that it would hold hearings online starting from 28 April 2020 was the Commercial Court for the Yamal-Nenets Autonomous District: https://yamal.arbitr.ru/node/14096). A number of other courts then announced through their websites that they are holding hearings online:

Starting 29 April 2020

Commercial Court of the Moscow Region
(see information on the official website: https://asmo.arbitr.ru/node/16116)

Starting 30 April 2020

Commercial Court for the West Siberian Circuit
(see information on the official website: https://faszso.arbitr.ru/node/15069)

Commercial Court for the Moscow Circuit (see information on the official website https://fasmo.arbitr.ru/node/16347)

Starting 6 May 2019

Supreme Court

Commercial Court of the Pskov Region (see information on the official website: https://pskov.arbitr.ru/node/13977)

Commercial Court of the Novosibirsk Region (see information on the official website https://novosib.arbitr.ru/node/15829)

Starting 7 May 2019

The Eighth Commercial Court of Appeal (see information on the official website: https://8aas.arbitr.ru/node/13245)

Commercial Court for the Altai District (see information on the official website https://altai-krai.arbitr.ru/node/14765)

The Twelfth Commercial Court of Appeal (see information on the official website: https://12aas.arbitr.ru/node/14685)

Starting 7 May 2019

Commercial Court of the Karachay-Cherkess Republic
(see information on the official website: https://askchr.arbitr.ru/node/13816)

The Sixteenth Commercial Court of Appeal (see information on the official website: https://16aas.arbitr.ru/node/14256)

The Twentieth Commercial Court of Appeal (see information on the official website: https://20aas.arbitr.ru/node/14769)

Intellectual Property Court (see information on the official website: https://ipc.arbitr.ru/node/14339)

Commercial Court of the Republic of Adygea (see information on the official website: https://adyg.arbitr.ru/node/13407)

Commercial Court of the Bryansk Region (see information on the official website: https://bryansk.arbitr.ru/node/14873)

Commercial Court of the Chuvash Republic (see information on the official website: https://chuvashia.arbitr.ru/node/14340)

Commercial Court of the Chechen Republic (see information on the official website: https://chechnya.arbitr.ru/node/13225)

The Thirteenth Commercial Court of Appeal
(see information on the website: http://13aas.arbitr.ru/welcome/show/633200011/657)

The list of courts is gradually expanding. The current information about all commercial courts of the Russian Federation that have started examining cases by conducting hearings online may be obtained in the ‘My arbitrator’ information system .

comment.jpgPlease note that commercial ('arbitration') courts that have not switched to a distant mode of examining cases will most likely do so in the near future if the period for which the Resolution has effect is extended (in other words, if the period for which the Resolution has effect is renewed after 11 May 2020). Please note that although on 7 May 2020 the Judicial Department of the Supreme Court sent Letter No. SD-AG/667 to the presiding officers of federal commercial courts suggesting that from 12 May 2020 courts should resume their operations in full with the involvement of the entire staff (save for those officers who have been affected by the new coronavirus infection), the final decision on whether the work of the courts should be resumed rests with the presiding officers of commercial courts.


How to participate in an online hearing

To take part in an online hearing a case participant (or its representative) must send a petition to participate in an online hearing. The petition is sent by way of filing an electronic form in the ‘My arbitrator’ information system[6].

When the petition is filed it must be accompanied by the following documents:

  • a copy of the passport for an individual (or an individual entrepreneur) participating in the case;
  • a representative of the company participating in the case must attach to the petition copies of his or her passport, diploma and document confirming the powers to represent the case participant.

Documents attached to the petition must be signed by an enhanced qualified digital signature of the petitioner.

The document confirming the representative’s powers is signed by a qualified digital signature of the authorising person (or person exercising the powers of the sole executive body).

Once the commercial court has allowed participation in an online hearing, the person that has sent such a petition will receive to its e-mail address a notification of the hearing, specifying its date and time.

The record about the online hearing will also be added to the case card in the ‘Commercial cases file’ information system[7] to inform other participants of the case and enable them to join an online court hearing.

comment.jpg

Please note that the ‘My arbitrator’ information system accumulates in a summarised form all the information on how to gain access to an online hearing. However, this resource may fail to take account of the requirements of specific courts.

Among other things, in the ‘My arbitrator’ information system it is not specified that appendices to the petition must be signed with a qualified digital signature, and yet the official websites of many courts specify such information[8].

The websites of certain courts[9] may also contain information about limitations with respect to online hearings of cases that must be examined in closed proceedings. There is no such information on the ‘My arbitrator’ platform.

Thus, before filing a petition for an online hearing with a specific court, we recommend studying the requirements and recommendations for distant hearings that are available on the official website of the relevant court.


Connecting to the court hearing

Only users with confirmed accounts in USIA[10] are admitted to participate in an online hearing. On the day of the online-hearing the approved participants must use the special module located on the ‘Online hearings’ tab of the case card in the ‘Commercial cases file’ information system.

To participate in an online hearing it is recommended to use:

  • a Google Chrome browser version 75 or above;
  • an internet connection with the speed of 10 Mbit/s or higher;
  • to allow the online hearing module to have access to the camera and microphone.

Once connected to the online hearing, you will be required to switch off the microphone and then switch it on, for instance, to answer the court’s questions. To communicate any information it will be required to inform the court of your intention by pressing the ‘I want to speak’ button in the bottom left corner of the screen.

Online review of case files

We remind you that starting from February 2020 some commercial courts make it possible to study case files via the Internet. To do so it is required to send by means of ‘My arbitrator’ information system an electronic petition for examining case materials, indicating ‘provide limited access to case materials’. In such a case access will be provided to the following documents:

  • documents that have been submitted in electronic form through the ‘My arbitrator’ information system;
  • scan copies of documents that were submitted on paper; and
  • audio recordings of court hearings.

What to think about and what to do

Companies and individual entrepreneurs involved in court proceedings are recommended to consider participating in them online.

Help from your adviser

Pepeliaev Group's lawyers have extensive experience of representing clients before commercial courts and other state authorities. We are ready to litigate on your behalf in any types of cases, including participating in online hearings, and to provide legal support on any other matters.



[1] Resolution No. 821 of the Presidium of the Russian Supreme Court and Presidium of the Russian Judicial Council dated 8 April 2020.

[2] We remind you that according to clause 3 of Resolution No. 821 of the Presidium of the Supreme Court and Presidium of the Judicial Council dated 8 April 2020, the courts were recommended to examine cases and materials that cannot be adjourned (specifying the category of cases); with respect to other categories of cases that are not mentioned in clause 3 of the Resolution courts may independently decide to examine them with account being taken of the case circumstances and opinion of the parties.

[3] Clause 5 of Resolution No. 821 of the Presidium of the Russian Supreme Court and Presidium of the Russian Judicial Council dated 8 April 2020 as amended by Resolution No. 822 of the Presidium of the Russian Supreme Court and Presidium of the Russian Judicial Council dated 29 April 2020 “On amending Resolution No. 821 of the Presidium of the Russian Supreme Court and Presidium of the Russian Judicial Council dated 8 April 2020”.

[4] Both with respect to cases that cannot be adjourned and cases of other categories if the court decides accordingly

[5] Clause 9 of Resolution No. 821 of the Presidium of the Russian Supreme Court and Presidium of the Russian Judicial Council dated 8 April 2020 as amended by Resolution No. 822 of the Presidium of the Russian Supreme Court and Presidium of the Russian Judicial Council dated 29 April 2020 “On amending Resolution No. 821 of the Presidium of the Russian Supreme Court and Presidium of the Russian Judicial Council dated 8 April 2020”.

[8] The Arbitration Court for the Moscow Region and the Twentieth Arbitration Court of Appeal are the only ones that do not specify in their information the requirement for an enhanced digital signature.

[9] The Commercial Court for the Moscow Circuit, the Sixteenth Commercial Court of Appeal.

[10] The unified system of identification and authentication. This was created by Resolution No. 977 of the Russian Government dated 28 November 2011 “On the federal state information system ‘Unified system of identification and authentication’ in the infrastructure enabling informational and technological interaction of information systems that are used for providing state and municipal services electronically”.

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