Courts News
News of Moscow District Courts
Interview of the issue
Mikhailov S.M. Optimization of the Procedure for Hearing Cases in Commercial (Arbitrazh) Courts Should Not Lead to the Abandonment of Basic Guarantees of Procedural Form
Analytics: Optimization of Commercial (Arbitrazh) Proceedings: Simplified, Writ, and Special Proceedings
Reshetnikova I.V., Tsaregorodtseva E.A. Simplified Proceedings in Commercial (Arbitrazh) Courts: Features and Problems
The article discusses the history of the introduction of a simplified form of case resolution in Russian civil and commercial proceedings. It briefly outlines the advantages of simplified proceedings and examines in detail the problems faced by commercial courts when considering cases in simplified proceedings. Attention is paid to the issues of judicial notification of persons involved in the case, the procedure for accepting admission of a claim and waiver of a claim, and the conclusion of a settlement agreement. The experience of courts in electronic case management across the entire hierarchy of commercial courts is revealed. Both procedural and legal complexities and organizational challenges that commercial courts have to address are analyzed. The necessity of monitoring new categories of cases that could be classified as simplified proceedings is emphasized.
Keywords: simplified proceedings, commercial (arbitrazh) proceedings, procedural and legal issues of simplified proceedings, organizational issues of simplified proceedings, judicial notifications, waiver of claim, settlement agreement, admission of claim, preparation of reasoned judicial decision, examination of physical evidence, new categories of cases
DOI: 10.46279/ASMO.2026.76.10.001
Karpova A.A. “Simplifying” of Summary Judgment: First Outcomes of Implementing Documentary Proceedings in Separate Bankruptcy Disputes
This article examines the challenges in implementing documentary procedures for separate disputes regarding creditors' claims registration. In 2024, the procedural rules for various separate disputes underwent substantial changes. The Supreme Court's Plenary Resolution provided guidance on applying the latest amendments to Federal Law No. 127-FZ “On Insolvency (Bankruptcy)” (dated Oct. 26, 2002). A close examination of these clarifications reveals contradictions between the original judicial concept, its legislative embodiment, and the interpretation of legal norms during practical application. The documentary proceedings model underwent significant transformations as it evolved from a draft bill into a statutory rule and throughout its subsequent implementation. The identified distortion of the original legislative intent has led not so much to the optimization of judicial proceedings, but rather to an imbalance in the combination of procedural principles, creating increased risks of errors in establishing contested claims. The author analyzes a series of rulings by commercial courts to determine the specifics of applying these novelties and the subsidiary application of simplified procedure rules to them. Based on the results, an attempt is made to rethink the doctrinal foundations of combining written and adversarial principles within the de facto judicial model. The author concludes that it is necessary to strengthen this framework, both theoretically and legislatively, to align it with the fundamental requirements of civil procedure.
Keywords: Insolvency Law, register of creditors' claims, documentary proceedings, separate disputes
DOI: 10.46279/ASMO.2026.82.75.002
Chaykina A.V. ‘Merger and Acquisition’ of Simplified Proceedings
The article examines the main results of introducing simplified forms of legal proceedings into civil and commercial processes in the form of mutual borrowing of writ and simplified proceedings. Considerable attention is paid to the analysis of writ proceedings in commercial proceedings. The conclusion is made that the absence of a pre-trial dispute resolution procedure for claims potentially considered in writ proceedings has a negative impact on the formation of business relations between participants in entrepreneurial activities. Based on the analysis of judicial statistics, the conclusion is substantiated about the low demand for simplified proceedings in courts of general jurisdiction and the need for its consistent development in professional commercial proceedings. The article proposes a direction for improving simplified proceedings related to expanding the list of acceptable means of proof, using remote forms of participation in court proceedings, as well as simultaneously strengthening mechanisms to counteract unfair procedural behavior of participants in simplified proceedings.
Keywords: court order, simplified proceedings, falsification of evidence, procedural behavior, judicial management, written proceedings, web conference
DOI: 10.46279/ASMO.2026.99.64.003
Nakhova E.A. On Some Aspects of Evidence and Proofs in Writ and Simplified Proceedings in the Court of First Instance in Commercial Proceedings
The peculiarities of evidence and proofs in writ and simplified proceedings are determined by the legal nature of the respective proceedings. Simplified proceedings cases are characterized by the presence of a legal dispute between two parties. The judge considers the case in simplified proceedings without summoning the parties after the expiration of the periods established by the court for submitting evidence and other documents in accordance with Part 3 of Article 228 of the Commercial (Arbitrazh) Procedure Code of the Russian Federation. Writ proceedings are characterized by the indisputability of the applicant’s claims, and the procedure for writ proceedings is carried out without summoning the parties. The process of proving in simplified proceedings reflects the legal nature of simplified proceedings and can be characterized as written. The duties of proof in simplified proceedings are distributed in accordance with the general rules, while the subject of proof has its own specifics, as it consists of a combination of not only substantive legal facts on which the resolution of the dispute depends, but also procedural legal facts. In writ proceedings, indisputable claims are proved by written evidence, and the request for additional documents, involvement of third parties, summoning of witnesses, experts, specialists, interpreters, etc. is not allowed. The subject of proof in writ proceedings also includes a combination of substantive legal and procedural legal facts, the burden of proof of which rests with the claimant.
Keywords: commercial (arbitrazh) proceedings, simplified proceedings, writ proceedings, evidence and proofs
DOI: 10.46279/ASMO.2026.93.58.004
Lytkina A.O. Foreign Experience in Legal Regulation of Special Proceedings in the Civil Procedure of the Benelux Countries
This article examines the procedural aspects of special proceedings in first-instance courts in the Russian Federation and the Benelux countries. The author analyzes the civil and commercial procedural laws of Russia and the Benelux countries that govern the establishment of facts of legal significance in various legal systems. This analysis identifies gaps in the current legal framework governing civil procedure.
Keywords: court, civil procedure, commercial (arbitrazh) procedure, simplified procedure, special proceedings, establishment of facts of legal significance
DOI: 10.46279/ASMO.2026.13.98.005
Open Tribune
Mikhailova E.V. Protection of the State as an Economic Entity in Commercial (Arbitrazh) Proceedings: Key Problems and Areas for Improvement
The article examines the main challenges faced by commercial courts when adjudicating claims involving the Russian Federation, the constituent entities of the Russian Federation, and municipal entities. The author highlights the existing ambiguity — both in legislation and judicial practice — regarding who should be recognised as the proper claimant when a claim is filed by a public authority or a local self-government body: the said body itself, or the state or municipal entity as a whole. The paper also analyses the procedural status of a prosecutor filing a claim in commercial proceedings under Article 52 of the Commercial (Arbitrazh) Procedure Code of the Russian Federation.
Keywords: business activity, state as a subject of civil law, prosecutor’s claim, procedural claimant, procedural dispositive rights, dispositivity, role of the commercial court, prosecutor’s opinion
DOI: 10.46279/ASMO.2026.15.57.006
Latypov D.N. Unlawful Exclusion of a Bidder from Public Property Auction as Sufficient Ground for Challenging the Auction: Specific Features of Protecting Civil Rights of an Excluded Participant
The article explores the most pressing issues arising in disputes over claims filed by bidders unlawfully excluded from participating in auctions, seeking to invalidate the auction and the contract concluded as a result. It analyses conflicting law-enforcement practices regarding the sufficiency of this ground for challenging the auction, outlines the procedure and specific features of applying the consequences of invalidity of a transaction concluded following such an auction, and examines how the figure of a bona fide auction winner is taken into account in such disputes. The paper illustrates differing positions among law‑enforcement actors on controversial matters and, based on the analysis, puts forward reasoned proposals for establishing a uniform approach.
Keywords: privatisation of state and municipal property, auction, good faith of the auction winner, excluded participant, consequences of transaction invalidity.
DOI: 10.46279/ASMO.2026.65.32.007
Sorokin V.P. Implementing the Arbitration Principle of Confidentiality in Commercial Proceedings: A Legal Conflict and Ways to Resolve It
The article addresses a current issue in alternative dispute resolution: the legal conflict between the principle of confidentiality in arbitration and the constitutional principle of openness in commercial (arbitrazh) proceedings. It provides a comprehensive analysis of the doctrinal foundations and statutory regulation of these principles and identifies systemic contradictions arising at the stage of judicial review by state arbitration courts. To resolve this conflict, the author proposes introducing the institution of anonymised publication of judicial acts and establishing civil liability for arbitrators who disclose confidential information. The scientific novelty of the study lies in developing a holistic approach to harmonising private interests and business reputation with the public interest in ensuring transparency of justice.
Keywords: principles of procedural law, commercial process, principle of openness, arbitration proceedings, principle of confidentiality, legal conflict, trade secret, unification of norms.
DOI: 10.46279/ASMO.2026.94.26.008
Solovyov A.A. Evolution of Legal Regulation of Judicial Ethics in the French Republic: From the Compendium of Ethical Commitments to the Code of Ethics
This article is devoted to the evolution of the legal regulation of judicial ethics as a special regulatory system located at the intersection of law, morality, and public administration. It provides a brief description of the French Compendium of Ethical Commitments of Magistrates in the 2010 and 2019 editions. Particular attention is paid to the new act — the 2025 Code of Ethics for Judicial Magistrates. Specifically, the most interesting conceptual provisions that formed its foundation are examined.
Keywords: judicial ethics, foreign experience, French Republic, ethical commitments, magistrates, Compendium of Ethical Commitments of Magistrates, Code of Ethics for Judicial Magistrates
DOI: 10.46279/ASMO.2026.66.74.009
Tereshin A.V. Features of Holding Beneficial Owners Liable for Subsidiary Liability on the Debtor’s Obligations
The article establishes criteria for the legal status of de facto managers of legal entities who are not formally affiliated with the operations of business companies (so-called ‘shadow directors’ and ‘beneficial owners’), who may be held secondarily liable for the debtor’s obligations in insolvency (bankruptcy) proceedings. To identify the beneficial owner of a business company, it is proposed to implement a set of measures aimed at determining the scheme of indirect involvement of controlling persons in the debtor’s activities.
Keywords: bankruptcy, legal entity, person exercising control over the debtor, beneficial owner, affiliated persons (affiliates), interested party, beneficiary
DOI: 10.46279/ASMO.2026.81.60.010
Bychkova E.N., Mustafaeva E.M. Trends in Judicial Practice on Holding Debtors’ Managers Liable for Subsidiary Liability
The institution of subsidiary liability currently represents one of the effective mechanisms aimed at protecting the rights and interests of the civil-law community of creditors. Recovery of funds through subsidiary liability is often the only source of replenishing the bankruptcy estate of an insolvent debtor, and sometimes it encourages potential defendants to voluntarily satisfy creditors’ claims. Although subsidiary liability is an extraordinary method of holding someone accountable, a statistical analysis of judicial practice in this category of cases shows a constant increase in the number of disputes involving the imposition of subsidiary liability on persons controlling the debtor. The complexity of court disputes and changes in legislation require continuous study and are of great importance not only for creditors and commercial managers, but also for the participants and managers of a legal entity themselves.
This article is devoted to a study of the judicial practice of the Arbitration Court of the North-Western District for the period from 2024 to 2025 regarding disputes on holding the executive body of a legal entity liable for subsidiary liability, including de facto, nominal, and shadow managers. The paper also examines issues of distinguishing between subsidiary liability and damages recoverable from the managers of a debtor declared insolvent (bankrupt).
Keywords: subsidiary liability, persons controlling the debtor, executive body, damages, bankruptcy, judicial practice
DOI: 10.46279/ASMO.2026.50.89.011
