On 1 April 2025, the President of the Russian Federation signed Federal Law No. 49-FZ dated 01.04.2025 “On Amending the Civil Procedure Code of the Russian Federation” (hereinafter referred to as the “Law”).
The key amendments concern the procedure for reinstating missed procedural deadlines, including those for filing appeals, and the procedure for accepting appeals for consideration.
I. Procedure for accepting appeal complaints
According to the Law, all procedural actions related to appeal complaints will be handled by the appellate court. Specifically, the appellate court’s authority will include: (1) verifying compliance of appeal complaints with statutory requirements; (2) deciding whether to suspend a complaint or to return it; (3) reinstating a missed procedural deadline or refuse of such reinstatement. Currently, these actions are performed by the court of first instance.
The amendments do not change the procedure for filing an appeal complaint, which must still be submitted to the court of first instance. Furthermore, all case materials will remain with the court of first instance until the expiration of the appeal deadline. This ensures that parties retain the opportunity to study case materials, objections, and allows the court to make technical corrections (e.g., correcting clerical errors or arithmetic inaccuracies). Upon expiration of the appeal period, the court of first instance must send the case, together with the appeal complaint and any objections, to the appellate court within three days. The appellate court must decide whether to accept the complaint within five days of receiving the case.
Thus, the processing of appeal complaints will no longer depend on the discretion of the court of first instance. A similar model for filing and accepting complaints is already in place in the system of commercial (arbitration) courts. These amendments to the Civil Procedure Code thus harmonize the rules of civil and commercial proceedings regarding appeals.
II. Returning an appeal complaint
As before, if the applicant violates requirements for filing and content of an appeal complaint (Articles 321–322 of the Civil Procedure Code), the appellate court may suspend the complaint or return it to the applicant.
The Law introduces new grounds for returning an appeal complaint. The appellate court must return the complaint in the following cases:
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Failure to rectify deficiencies that led to the suspension of the complaint within the prescribed period
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The complaint is filed by a person lacking standing to appeal
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The complaint challenges a judicial act not subject to appeal
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The deadline for appeal has expired, and the appeal does not contain a request for reinstatement of the missed deadline or its reinstatement has been refused
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A request to return the complaint is submitted by the applicant before the court's ruling of acceptance
In such cases, the appellate court make a ruling to return the complaint, which must be sent to the applicant within three days. This ruling may be appealed to the cassation court within one month of its making. The cassation appeal will be reviewed by a single judge without a hearing.
III. Reinstatement of Missed Procedural Deadlines
The Law revises the procedure for filing and reviewing applications to reinstate missed procedural deadlines. Henceforth, such applications must state the reasons for missing the deadline and include documents or evidence proving the respectfulness of those reasons. Previously, courts often dismissed applications that failed to substantiate valid reasons for missing appeal deadlines.
Additionally, applications for reinstatement will be reviewed by a judge within five days, without a hearing and notifying the parties. However, the court may schedule a hearing at its discretion or upon a party’s reasoned request. Under current rules, reinstatement requires a hearing with mandatory notice to the parties.
Once the amendments take effect, a ruling to reinstate the deadline for filing an appeal will not be subject to separate appeal. Arguments or objections regarding reinstatement will be assessed when the appeal itself is reviewed. Conversely, a ruling denying reinstatement may still be appealed to the cassation court within one month from the day it is handed down.
IV. Other Amendments
The Law introduces several targeted amendments to the Civil Procedure Code, including:
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The obligation of the court to send a copy of the statement of claim to the defendant together with the summons has been abolished. The court will also not be obliged to send the claimant a copy of the defendant's pleadings together with the court summons.
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Provided for the possibility of the prosecutor to bring an appeal submission in defense of the rights of persons not involved in the case, if the court has resolved the issue of their rights and obligations.
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The appellate court will be obliged to return the case to the court of first instance if the latter has not considered a comment on the audio recording of the court session or a comment on a separate procedural action.
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The chairman of the court of appeal will be entitled to extend the term of consideration of the case on the basis of a reasoned statement of the judge hearing the case for a period not exceeding one month.
These amendments enter into force on 1 January 2026.