RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of June 22, 2021 No. 18

About some questions of pre-judicial dispute settlement considered according to the procedure of civil and arbitral proceeding

For the purpose of uniform application by courts of the provisions of the legislation on pre-judicial dispute settlement considered according to the procedure of civil and arbitral proceeding, the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, articles 2 and 5 of the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to make the following explanations.

General provisions

1. It is necessary to understand the activities of the parties of dispute before appeal to the court performed by them independently (negotiations, claim procedure) as pre-judicial settlement or with involvement of the third parties (for example, mediators, the financial representative for the rights of consumers of financial services), and also by means of the appeal to authorized body of the public power for the dispute resolution administratively (Item 2 of Article 11 of the Civil code of the Russian Federation, further - the Civil Code of the Russian Federation, part 4 of article 3 of the Civil Procedure Code of the Russian Federation, further - the CCP of the Russian Federation, part 5 of Article 4 of the Arbitral Procedure Code of the Russian Federation, further - the AIC of the Russian Federation). These activities promote realization of such tasks of civil and arbitral proceeding as assistance to peaceful settlement of disputes, formation and development of partner and business relations (article 2 CCP of the Russian Federation, Item 6 of Article of 2 AIC of the Russian Federation).

The claim procedure is provided, in particular, by the Federal Law of January 10, 2003 No. 18-FZ "The charter of rail transport of the Russian Federation" (further - the Charter of rail transport), the direction of the offer on change or about agreement cancelation - article 452 Civil Code of the Russian Federation, mediation - the Federal Law of July 27, 2010 No. 193-FZ "About the alternative procedure of dispute settlement with participation of the intermediary (the procedure of mediation)" (further - the Law on mediation), the address to the representative for the rights of consumers of financial services (further - the financial representative) is provided by the Federal Law of June 4, 2018 No. 123-FZ "About the representative for the rights of consumers of financial services" (further - the Law on the financial representative), the address with the statement to higher state body, the address with the claim are provided in higher body, for example Item 1 of Article 2, Item 2 of article 138 of the Tax Code of the Russian Federation (further - the Tax Code of the Russian Federation).

If pre-judicial dispute settlement is obligatory, execution of this obligation acts as sales term of the right of person to appeal to the court (Item 1 of part 1 of article 135 CCP of the Russian Federation, Item 5 parts of 1 Article of 129 AIC of the Russian Federation).

Mediation becomes obligatory pre-judicial dispute settlement if the parties signed the agreement on application of the procedure of mediation and during the term stipulated for its carrying out undertook not to take a legal action (part 1 of article 4 of the Law on mediation) or replaced the procedure of pre-judicial dispute settlement provided by the Federal Law with mediation provided that the relevant Federal Law allows to change procedure for such settlement by the agreement (for example, part 5 of Article of 4 AIC of the Russian Federation).

2. In civil legal proceedings the pre-judicial procedure for dispute settlement is obligatory only in the cases provided by the Federal Law (part 4 of article 3 CCP of the Russian Federation).

In arbitral proceeding such procedure is obligatory: for the disputes arising from civil legal relationship in the cases provided by the Federal Law or the agreement; for the disputes arising from administrative and other public legal relationship only in the cases provided by the Federal Law (part 5 of Article of 4 AIC of the Russian Federation).

3. The obligatory pre-judicial procedure for dispute settlement is provided by the Federal Laws including on disputes:

about the conclusion of the agreement without fail (Item 1 of article 445 Civil Code of the Russian Federation);

about change and about agreement cancelation (Item 2 of article 452 Civil Code of the Russian Federation);

about the conclusion of the public or municipal contract (Item 3 of Article 528, item 4 of article 529 Civil Code of the Russian Federation);

about the conclusion of the delivery agreement of goods for the state or municipal needs (item 4 of article 529 Civil Code of the Russian Federation);

about agreement cancelation of lease, hire, lease of vehicles, lease of buildings and constructions, lease of the companies, finance lease (part 3 of Article 619 and article 625 Civil Code of the Russian Federation);

about agreement cancelation of cargo hauling, the passenger, baggage, and also compensation of the damage caused in transit the passenger and baggage (Item 2 of Article 795, article 797 Civil Code of the Russian Federation);

about agreement cancelation of the bank account (paragraph two of item 4 of article 859 Civil Code of the Russian Federation);

about change of the agreement of commercial concession (Item 1 of article 1036 Civil Code of the Russian Federation);

about violation of exclusive rights (Item 5.1 of article 1252 Civil Code of the Russian Federation);

about early termination of legal protection of the trademark owing to its non-use it is continuous within three years (Item 1 of article 1486 Civil Code of the Russian Federation);

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