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On May 3rd 2012 enters into force an important amendment to the Code of Civil Procedure, which will have essential impact on the pursuit of claims in all cases, regardless of whether parties thereto will be enterprises or common citizens.
The new regulations eliminate the separate proceedings in commercial cases but simultaneously extend the currently existing rigour of commercial procedure to all civil cases, including those in which the parties are private persons .
In particular, in accordance with the amendment, in all cases the so-called procedural preclusion will apply. All statements, facts and evidence in support of them will have to be indicated by a party without undue delay. The pegal provisions do not precise when exactly a party should bring them forward and as a consequence when they will be deemed belated. This is left to the judge's sole discretion. Thereofre, in order to avoid the procedural risk the parties should present them in the first procedural document (a demand or a reply to a demand). In case if a party to a lawsuit does not observe this requirement it will be banned from presenting these facts and evidence in the further proceeding. Therefore the plaintiff in the claim, and the defendant in response to the claim will have to present their complete procedural position. Evidence presented too late will be ignored by the court and will not be taken into account in sentence.
Only in exceptional cases, for example, when the evidence was not presented at an earlier stage of the proceedings without the fault of the given party - the court will have the authority to consider that belated evidence.
The described modifications in the regulations imply negative consequences for the parties pursuing their rights before a court if they are not familiar with the civil procedure. A court judgement unfavourable for the party, who did not fulfil the abovedescribed obligations in the first procedural document, cannot be contested by appeal on this basis.
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