It is proposed to change the rules for determining court jurisdiction, reviewing complaints against court decisions, and handling certain cases in civil and administrative court proceedings.
elchi reports that the issue is reflected in the draft law on amendments to the Civil Procedure Code and the Administrative Procedure Code, which was discussed at today’s plenary session of the Milli Majlis.
According to the draft law, it is intended to clarify the rules for resolving issues related to court jurisdiction in civil cases and to regulate cases where a case is filed with a court without jurisdiction. According to the proposed changes, if a judge determines that the case is not within the court’s jurisdiction, they will be able to refuse to accept the statement of claim, return the claim, send the case to the competent court, or terminate the proceedings, depending on the stage of the case.
The document also provides for a restriction on the judge sending the case to another court on the grounds of violation of court jurisdiction on their own initiative during the court hearing. At this stage, an application regarding jurisdiction will only be permitted if it is justified that it was impossible to apply within the established period due to reasons beyond the person’s control.
According to the draft law, it is proposed that appeals against cases reviewed under simplified proceedings for small claims, as well as appeals against certain court decisions that do not resolve the case on its merits, be handled by a judge alone.
Within the framework of amendments to the Civil Procedure Code, it is also envisaged to establish a five-year period for the compulsory enforcement of decisions of foreign arbitration courts. The rules for considering applications for the recognition and enforcement of foreign arbitration decisions are also proposed to be clarified.
The proposed amendments to the Administrative Procedure Code cover the determination of territorial and court jurisdiction in administrative disputes, the appeal of decisions related to jurisdiction, and the procedure for reviewing these appeals.
According to the document, it is envisaged to appeal certain decisions related to court jurisdiction to the cassation instance court and to review these disputes within 20 days.
According to the draft law, it is proposed that the amendments come into force on January 1, 2027.
The draft law was put to a vote and adopted in the first reading.