How to become a participant in an online court hearing

Legal informs about the adoption of a number of judicial acts that explain how to participate in a court hearing online (without personal presence)

Current court operating hours due to the COVID-19 pandemic

Let us recall that in connection with the spread of coronavirus infection, on April 8, 2021, the Presidium of the Supreme Court of the Russian Federation together with the Presidium of the Council of Judges of the Russian Federation adopted Resolution No. 821[1] (“ Resolution

"), providing for a temporary suspension of personal reception of citizens with a recommendation to submit documents, in particular, through online receptions. The resolution obligated the courts to ensure the processing of all documents received by the court, including in electronic form[2].

Subsequently, the Resolution was supplemented with a recommendation addressed to the courts [3] if technically possible

taking into account the opinions of participants in legal proceedings, conduct court hearings on cases (materials)[4],
using a video conferencing system and (or) a web conference system,
taking into account the experience of the Supreme Court of the Russian Federation.
To participate in a court hearing via a web conference, participants in legal proceedings submit an application to the court in electronic form
attaching
electronic images of identification documents and proof of authority
.

The specified regime was established for the period from April 8, 2021 to May 11, 2021 (inclusive)

[5].

Courts that have provided the technical capability for online hearings

As of May 8, 2021

a number of courts (the list of which is given below) took advantage of the recommendations mentioned above to set up their information systems and ensure the technical ability to conduct online meetings.
The first court to post on its official website an information message about holding
court hearings in an online format April 28, 2021 node/14096). Further, the following courts announced the holding of court hearings online on their official websites:

From April 29, 2021

Arbitration Court of the Moscow Region

(see information on the official website - https://asmo.arbitr.ru/node/16116)

From April 30, 2021

Arbitration Court of the West Siberian District

(see information on the official website - https://faszso.arbitr.ru/node/15069)

Arbitration Court of the Moscow District (see information on the official website - https://fasmo.arbitr.ru/node/16347)

From May 6, 2021

Supreme Court of the Russian Federation

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

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

From May 7, 2021

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

Arbitration Court of the Altai Territory (see information on the official website - https://altai-krai.arbitr.ru/node/14765)

Twelfth Arbitration Court of Appeal

(see information on the official website - https://12aas.arbitr.ru/node/14685)

From May 8, 2021

Arbitration Court of the Karachay-Cherkess Republic

(see information on the official website - https://askchr.arbitr.ru/node/13816)

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

Twentieth Arbitration Court of Appeal

(see information on the official website - https://20aas.arbitr.ru/node/14769)

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

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

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

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

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

Thirteenth Arbitration Court of Appeal

(see information on the website - https://13aas.arbitr.ru/welcome/show/633200011/657)

The list of vessels is gradually expanding

. Up-to-date information about all arbitration courts of the Russian Federation that have begun to consider cases through online meetings can be obtained in the “My Arbitr” information system.

Please note that arbitration courts that have not yet switched to a remote format for considering cases will likely do so in the near future, if the validity period of the Resolution is extended (that is, if after May 11, 2020 its effect will be resumed).
Please note that despite the fact that on May 7, 2021, the Judicial Department at the Supreme Court of the Russian Federation sent letter No. SD-AG/667 to the chairmen of federal arbitration courts with a proposal to resume the work of courts in full from May 12, 2021 and the composition of employees (with the exception of those who have been diagnosed with a new coronavirus infection), the final decision on the resumption of work of the courts remains with the chairmen of the arbitration courts .

How to take part in an online meeting

In order to take part in an online meeting, a person participating in the case (or his representative) must submit a request to participate in the online meeting

. The petition is sent by filling out an electronic form in the “My Arbitr” information system[6].

When submitting an application, the following documents must be attached to it:

a copy of the passport of the citizen (or individual entrepreneur) participating in the case;
a representative of a person participating in the case must attach to the application copies of a passport, diploma and a document confirming the authority to represent the interests of the participant.

Documents attached to the application must be signed with an enhanced qualified electronic signature of the applicant

The document confirming the authority of the representative is signed with an enhanced qualified electronic signature of the principal

(or a person exercising the powers of its sole executive body).

After the arbitration court agrees on the possibility of participating in an online hearing, the person who filed the petition will receive an email notification about its holding, indicating the date and time of the meeting

A record of the online hearing will also be added to the case file in the Arbitration Case File information system[7] to inform other participants in the case and provide them with the opportunity to join the online court hearing.

Please note that within the framework information system "My Arbitr"
Information on how to access an online meeting has been summarized. However, this resource may not take into account the requirements of specific courts.
In particular, the “My Arbitrator” information system does not indicate the need to sign attachments to the petition with an enhanced qualified electronic signature, however, such information is provided on the official websites of many courts[8]

Also on the websites of some courts[9]

may contain information about restrictions on holding online hearings in cases to be considered in closed court hearings. This type of information is not available on the My Arbitr platform.

Thus, before submitting a request to a specific court to hold an online hearing, we recommend that you familiarize yourself with information about the requirements and recommendations for holding a remote hearing directly on the official website of the relevant court.

Connection to a court hearing

Only users with confirmed ESIA accounts are allowed to participate in the online meeting

[10].
On the day of the online meeting, users approved to participate in it must use a special module located in the “Online meetings” tab of the case card in the “Arbitration Case File” information system
.

To participate in an online meeting, it is recommended to use

Google Chrome browser version 75 and higher;
Internet connection with a speed of 10 Mbit/s;
Allow the online meeting module access to the camera and microphone.

After connecting to an online hearing, you will need to turn off the microphone and turn it on if necessary, for example, to answer questions from the court. To provide any information, you must inform the court of your intention by clicking the “I want to speak” button, it will be in the lower left corner of the screen.

Online viewing of case materials

Let us recall that since February 2021, some arbitration courts provide the opportunity to familiarize themselves with case materials via the Internet. To do this, it is necessary to send an electronic request to familiarize yourself with the case materials

. In this case, access will be provided to the following documents:

documents received electronically through the “My Arbitr” information system;
scanned copies of documents received on paper; and
audio recordings of court hearings.

What to think about, what to do

Organizations and individual entrepreneurs who are participants in litigation are advised to consider the possibility of participating in them online.

Consultant help

Pepelyaev Group specialists have extensive experience in protecting the interests of their clients in arbitration courts and other government bodies. We are ready to provide assistance in representing your interests in litigation in any category of cases, including through participation in online meetings, as well as provide legal support on other issues.

[1] Resolution of the Presidium of the Supreme Court of the Russian Federation, the Presidium of the Council of Judges of the Russian Federation dated April 8, 2021 No. 821

[2] Let us recall that according to paragraph 3 of the Resolution of the Presidium of the Supreme Court of the Russian Federation, the Presidium of the Council of Judges of the Russian Federation dated April 8, 2021 No. 821, courts were recommended to consider cases and materials of an urgent nature (indicating the categories of cases); for other categories of cases not specified in paragraph 3 of the Resolution, the courts had the right to independently decide on their consideration, taking into account the circumstances of the case and the opinions of the parties

[3] Paragraph 5 of the Resolution of the Presidium of the Supreme Court of the Russian Federation, the Presidium of the Council of Judges of the Russian Federation dated April 8, 2021 No. 821 as amended by the Resolution of the Presidium of the Supreme Court of the Russian Federation, the Presidium of the Council of Judges of the Russian Federation dated April 29, 2021 No. 822 “On amendments to the resolution of the Presidium of the Supreme Court RF, Presidium of the Council of Judges of the Russian Federation dated April 8, 2021 No. 821"

[4] Both in cases of an urgent nature and in other categories, if the court makes an appropriate decision

[5] Clause 9 of the Resolution of the Presidium of the Supreme Court of the Russian Federation, the Presidium of the Council of Judges of the Russian Federation dated April 8, 2021 No. 821 as amended by the Resolution of the Presidium of the Supreme Court of the Russian Federation, the Presidium of the Council of Judges of the Russian Federation dated April 29, 2021 No. 822 “On amendments to the resolution of the Presidium of the Supreme Court RF, Presidium of the Council of Judges of the Russian Federation dated 04/08/2020 N 821"

[6] https://my.arbitr.ru/

[7] https://kad.arbitr.ru/

[8] The requirement for an enhanced qualified electronic signature is absent only in the information of the Arbitration Court of the Moscow Region and the Twentieth Arbitration Court of Appeal

[9] Arbitration Court of the Moscow District, Sixteenth Arbitration Court of Appeal,

[10] Unified identification and authentication system. Created by Decree of the Government of the Russian Federation of November 28, 2011 No. 977 “On the federal state information system “Unified system of identification and authentication in the infrastructure that ensures information and technological interaction of information systems used to provide state and municipal services in electronic form”

Who has the right to be a representative in court?

Procedural rules strictly stipulate who has the right to represent the interests of others in civil or administrative disputes. Among the main conditions, the law names:

Legal capacity.
Availability of a power of attorney.

Compliance with these requirements will be quite sufficient to protect the rights of citizens in magistrates or district courts. If the case is considered in other courts, increased requirements are imposed on the representative - the presence of a higher professional education in the field of jurisprudence or an academic degree, for example, a candidate or doctor of science.

Certain categories of citizens may be representatives by force of law. Thus, the interests of children can be represented by their mother or father. There is no need to formalize your credentials in any way or have the appropriate education. However, parents have the right to entrust the legal case to a professional lawyer.

There are also prohibitions in the current legislation. Thus, employees of the court, investigative bodies, and prosecutor’s office are not entitled to perform the functions of a representative. The prohibition does not apply to cases where these persons act as legal representatives or represent their organizations in court.