circumstances often force people to defend the rights as their own, and loved ones.The role of intercessor perform courts of general jurisdiction and arbitration.
Drafting and adherence to the rule of law has always played an important role in the development of the state.The oldest legal documents of the contract were Russian princes with Byzantine.They were found fragments of "Russian Law".
little about arbitration courts
This trial has been considering cases on economic disputes, as well as things that are related to business activities.In prerevolutionary Russia, addressing issues of justice involved in commercial courts that dealt with trade and promissory note affairs.In November 1917, the Decree SNK RSFSR this type of proceedings has been eliminated.In 1922 he opened the arbitration commission decides disputes between organizations and enterprises.In the period from 1931 to 1991 he was established State arbitration.Upon completion of this stage of the arbitration courts were created, the activity of which has been enhanced adoption in 1995 of the Federal Constitutional Law "On arbitration courts in the Russian Federation" and the Code of Arbitration Procedure.The new incumbent of the APC was adopted in 2002.
arbitration functions can be divided into several types:
- Resolving disputes that have arisen as a result of entrepreneurial activity.
- the warning about the violation of the laws.
- Keeping statistics and analysis of statistical data.
- regulation of international relations.
tasks will be:
- protection of rights and interests.
- guarantee access to justice.
- trial according to the law and justice.
- Warning offense and strengthening the rule of law.
- formation of respect for the court.
- Formation and development of business relations and ethical business practices.
structure arbitrage departments
arbitration court in Russia include the Supreme Arbitration Court of Cassation and the Courts of Appeal and courts of the subjects of the Russian Federation.The first stage of the proceedings shall review all cases other than those relevant to the activities of the SAC.
second stage of the system make arbitration appellate courts.They are re-examining cases, check the validity and legality of judicial acts that were previously or are not effective, or if there are new circumstances.This instance is created as an independent unit in 2003.The organization of the District Courts of Appeal used a principle that is in the territory of a certain district are two of the numbered court.
law of works held by the courts of subjects of the Russian Federation, as well as the appeal is checked by the federal arbitration.In Russia, opened ten such instances.
And finally, the fourth stage of justice is the Supreme Arbitration Court.It is engaged in proceedings for the resolution of economic and other disputes, supervises the activities of all legal proceedings.
As for the internal structure, the composition of a particular arbitral tribunal depends on the functions and scope.For example, the SAC include: Plenum (deals with matters relating to justice, judicial practice, take binding decisions), the Presidency (the process of reviewing cases and examines specific issues of practice) and two judicial boards dealing with disputes that arise from civiland administrative relations.
Supreme Arbitration Court Plenum is a part of the President and Vice, and, of course, judges.Also can participate in the meetings of members of scientific institutions and representatives of legislative and executive authorities and ordinary citizens.In this instance, among other things, is responsible for the selection of personnel for judges, for their professional development.This organization is the Council of chairmen of arbitration courts, which deals with human, financial and organizational issues.Scientific Advisory Board in the SAC prepares scientific advice on matters relating to the writing of regulations, laws, and engaged in their cultivation.The instance has its own organ "Bulletin of the Supreme Arbitration Court of the Russian Federation."
principles arbitration process
basic principle of operation of the court is legal.This means compliance with the law of judicial acts and actions of the participants of the process of the court itself, which is necessary to accurately comply with the legislation.
Next position is that only the court has the right to justice.Refereeing is possible only by bodies and persons who are involved in this activity only in the manner prescribed by law.From this position it follows the principle of the independence of judges, indicating that the data of the authorities subordinate only to the Constitution and federal law.
followed by the principle of combining individual and collegial cases.Basically, it's the first instance the judge considers himself.College going, if it relates to the jurisdiction of the SAC, or there is a dispute the legality of regulations, or the case goes to a panel marked consideration.The solution in these cases is taken by counting the votes of the majority.If one of the judges did not agree with the result, he signed the act and sets out its opinion in writing.A mandatory rule for justice to be done is the principle that all are equal before the law.
Another important principle is the transparency of the proceedings.Cases are considered in an open procedure, the meeting may be closed, unless otherwise be declassified state, official or secret protected by law, and also in cases stipulated by Federal Law.Proceedings necessarily conducted in Russian, which is the following rule.
principles of arbitration proceedings also include optionality (allows you to manage all of their rights), competitiveness (ability to prove the claims and objections, to defend their position and get a fair decision) and immediacy (determines what methods and techniques uses the court for the perception of evidence).
arbitration process.Concept.Stage
definition of this process provides that a system of sequential operations, which are conducted by the court to settle a dispute.Stage of the arbitration process includes 8 points:
- Filing a claim.
- Preparing for trial.
- trial at the meeting.The decision of the arbitral tribunal.
- appeal.
- Cassation review of decisions.
- on protesters and the Deputy Chairman of the Supreme Arbitration Court review of decisions made.
- Execution of Judicial Acts.
claims of
to start legal action is necessary to submit a claim to arbitration.It represents a substantive controversial demand of the plaintiff to the defendant, based on certain legal facts.The application must set out the circumstances which are the basis of the claim, as well as requirements for the plaintiff.There are general rules for filling claim:
- name of the tribunal, where it is served.
- information about the claimant: name, address, nationality, date of birth, place of work and INN.
- data on the defendant.
- requirements with obligatory reference to the laws and legal acts.
- circumstances under which a disagreement, as well as their evidence.
- If the claim is evaluated, it is necessary to write its price.
- calculation of the disputed amount.
- information about the actions of the plaintiff to the court, as well as the measures taken early resolution of the dispute, if any.
- list of available documents.It should be a copy of the claim and the accompanying documents to send to all persons involved in the case.Evidence of delivery and copies of the payment of the fee must also be attached to the application.The judge himself decides on the adoption of a statement of claim within five days.
arbitration case.Preparing for trial
Before the meeting, held a series of legal proceedings, which are listed in article 112 of the APC.Further committed clerical operations, namely distribution and referral requests, subpoenas, witnesses and participants in the process.In conclusion, the trial is assigned a place and time.During the preparation of the judge must consider the following points: the legal relationship between the parties, the circumstances of the subject of proof, the legal interest of individuals and more.
court hearing
After all preparations originate the main stages of the arbitral process.The trial involves the proceedings of the arbitral tribunal in the absence of involved parties for valid reasons.Except in special cases (Article 11 of the APC), the meeting is held open.The judge alone hears cases of the first instance tribunal, except in cases where it is necessary the presence of the Commission (Article 17 of the APC).To adjust the order at a meeting applicable article 154 of the APC.
orders Which is it?Firstly, it is the greeting of the judges.When they enter the courtroom all present stand, also taken by a decision heard while standing.Indications, explanations, questions to the parties involved are given the same standing.Secondly, to address the court must use the words: "Dear Court!ยป
course of the court hearing recorded.All persons involved in the case, can read the protocol and make comments.In violation of the rules of procedure or non offender orders after a warning will be removed from the courtroom, or it may be fined.
meeting was called to judge.He announced the name of the case, checks for all participants in the process, introduces the composition of the court, explains the rights and obligations of the participants, be sure to ask the question of dispute settlement agreement and carries out all other actions, in accordance with article 153 of the APC.
Further work will now consider the merits of the case.The plaintiff sets out the circumstances of the dispute, the position read out the defendant and all persons involved in the case.Typically, a hearing takes place continuously, as long as no decision is issued.But in special circumstances, the court may take a break for a period of not more than five days.
After the judge scrutinizes all of the evidence, judicial debate begin.Here, all persons involved in the case, summarizing, oral speaking and justifying their position.The right to the last word always belongs to the defendant.
The final step is to remove the Arbitration Court for deliberation and decision.It is made in one copy and is attached to the case.The arbitration award shall be announced by the Chairman.After that specifies the procedure for its appeal.
additional ruling of the arbitral tribunal may in cases of unresolved issues on court costs when the size was not specified sum of money awarded, the property, when there was no decision on the request put forward by a party to the submission of evidence.
The evidence in the arbitration process
to settle the dispute must be present all possible evidence.The actual composition of the case is formed on the basis of the claim, the defendant's written dissent, border substantive law.According to article 69 and 70 of the APC, the facts recognized by the court generally known foregone or confirmed by both parties do not need to be proved.The obligation to carry out the process of proof in arbitration proceedings rests with the officer or appropriate authority to challenge the acts, decisions, actions, and so on.
stages of the arbitration process of proof as follows:
1. Collection of evidence.
2. Submission of information by persons involved in the case.
3. With regard to the principles of orality, immediacy and adversarial examination of the evidence takes place.
4. evaluation of the facts is made in accordance with Article 71 of the APC.
The evidence in the arbitration process are bound to be admissible, valid and directly related to the case.The facts can be used as material and written evidence, expert opinion, write a variety of media, the answers of witnesses and so on.
verdict of Court of Arbitration
Deciding on the dispute shall judge in a separate room.If the case is seen collectively, the conclusion is applied based on majority vote.The judgment shall be in writing, to the mandatory signatures of all participating judges.After that, the Chairman read out the decision, and their right of appeal.The law provides for the deposition of a reasoned decision for a period not more than three days.
more stages of the arbitral process.Appeal
The complaint should be the justification of disagreement with the decision of the court.Serve it must be in writing, with the obligatory signature of the person concerned.You must specify the name of the court, which appealed and the court which took the decision under appeal, describe the basis for the dispute and to make every application.Do not be amiss to specify the names, addresses and contacts of persons who participated in the case and can confirm disagreement.
complaint is made on the basis of Article 260 of the APC, for non-compliance which it will be rejected for the elimination of shortcomings.You can file an appeal within one month from the announcement of the first instance court decision.The decision was adopted at a meeting of the board of judges.
The appeal process is considered arbitration cases concerning appeals against the decisions of arbitration courts of first instance and appeal.Rules of registration of the complaint are the same as described above, but the deadline extended to 2 months.The highest judicial body in dealing with disputes is the Supreme Arbitration Court of the Russian Federation, the implementation of proper supervision of all other departments.Statement by the organization can be submitted within three months.After his decision the case is referred to the Presidency.At the meeting, the keynote speaker in favor judge SAC.The solution is approved by a large number of the judges' votes.If no consensus has been found, the view remains unchanged.Of appeal is not subject.
