In the system of Russian legal proceedings, there are courts of general jurisdiction and others dealing with issues of local importance. The arbitration court hierarchy underwent changes in 2014, in connection with which the Supreme Arbitration Court ceased to exist, transferring authority to the Supreme Court of Russia. Consider the basics of the work of the arbitral tribunal in the regions, as well as the internal system of work of judges, the procedure for the challenge of a judge in the arbitration process and other fundamental principles of the system.
Normative base
Federal constitutional law No. 1 regulates the judicial system of the Russian Federation. Until 2014, the revision of this normative act provided for the existence of the Supreme Arbitration Court of Russia and assigned some competencies to it. After the amendment, the authority ceased to exist, transferring its authority to the Supreme Court.
However, the legal proceedings are enshrined in the Arbitration Procedure Code of Russia. The code of practice was adopted in 2002, but is constantly undergoing changes due to the rapidly changing economic and legal situation in the state.
In addition, judges of the arbitration court use the Civil Procedure, Administrative and other codes in cases where the proceedings in the economic sphere are connected with other branches of law.
Competence
The arbitral tribunal considers disputes on economic issues, entrepreneurial activity, another form of economic turnover.
Important! Federal law may change the jurisdiction of the cases under consideration, therefore, any arbitration court may accept any proceedings related to the economy.
The judicial arbitration system accepts claims of Russian and foreign organizations, individuals and legal entities, as well as persons with two citizenships and those who do not have it. In addition, the judicial hierarchy takes into consideration cases of violation of the rights of foreign firms operating through international investment.
Cases before the arbitral tribunal
The court accepts claims or claims on the following issues:
- Bankruptcy.
- Refusal to register a legal entity or individual entrepreneur.
- Activities of entities and their operations with securities, shares.
- Collaboration of companies, as well as their liquidation.
- Challenges of intellectual property rights, as well as organization and management of related rights.
- Violations of the business reputation of companies and firms.
- Other arising in the course of the work of firms and organizations (individuals and individual entrepreneurs).
Arbitration Procedure Code of the Russian Federation
The twenty-first article of the Code sets forth the rules by which judges are challenged.
So, there is a list of legal reasons for excluding a judge from the process and replacing him with a new one.
- The judge who accepted the case has already participated in the previous case as an arbitrator, which is prohibited by the norms of the law (Article 21 of the APC of the Russian Federation).
- He took part in the consideration of the case earlier as a state representative, that is, a prosecutor, and also held other statuses: lawyer, secretary, expert or specialist, acted as a witness or made a translation from a foreign language into Russian.
- When considering a court case, he previously acted as an arbiter of a foreign country, as well as a representative of the arbitration court.
- Has a kinship with the participants in the process or their representatives.
- Has interest in the outcome of this case or raises other issues that cast doubt on the legality and validity of the decision that will be taken as a result of the consideration of the case.
- dependent on persons participating in the business financially or has other interests.
- The judge made public the case file (any separate facts) and made assumptions about the outcome of the dispute.
The presence of statements made out of court outside the court shall not be grounds for challenging a judge.
The chairman of the arbitral tribunal may also be expelled in connection with the presented grounds for challenge.
Thus, in the presence of the aforementioned documented reasons, the procedure for challenging a judge in the arbitration process may be launched. A sample application can be seen below.
The timing
Any litigation fits into the imperative period established by the procedural codes (depending on the category of the case under consideration).
The arbitration process provides for the consideration of disputes within a reasonable time, which can be extended if necessary. In this case, the judge takes into account the complexity of the case, as well as the behavior of the persons participating in it and other circumstances.
A reasonable time limit applies not only to the trial, but also to the execution of the decision made by the court.
If the applicant sees red tape or records the fact that the court delayed the consideration of the claim, he has the right to file a complaint with the chairman.
Appointment of arbitration judges
A judge may be a citizen of Russia who has reached the age of thirty-five years.
You must have an impeccable reputation and legal education. A citizen must have legal experience.
The implementation of the procedure
Consider the procedure for removal of a judge.
The challenge to the judge in the arbitration process is governed by the rule of law. The application is drawn up based on the regulatory framework. In addition, a statement on the challenge of a judge should be written legibly, based on grammar rules. It is best to choose a printing plate. The petition of the agro-industrial complex of the Russian Federation is fixed as a form of expression of will of a citizen whose interests are affected, and is filed taking into account legislative norms.
The application must contain legal and justified reasons, which should be confirmed by the attached documents or their copies.
It is necessary to sign a statement of challenge to the person who submits the document for consideration or to his representative (legal or by agreement).
Thus, the challenge of a judge in the arbitration process is not a complicated procedure and, with knowledge of the regulatory framework, is easily enforceable.
System for accepting applications and petitions
Any person participating in the case may submit an application to challenge a judge.
The document should be written and legible, as it will be attached to the case file and will be taken into account in future consideration. An oral statement can be voiced during the hearing and the information will be recorded by the secretary, after which the meeting can be rescheduled.
Important! A written statement is a fact and is not subject to distortion, but the oral form can be understood differently, and therefore it is preferable to use the written version of the application. Oral challenge to a judge in the arbitration process is not a reliable form of expression of will, in connection with which the majority of citizens prefer written. This choice is correct. The challenge of the judge of the agro-industrial complex regulates clearly and strictly.
In any form of application, it is necessary to indicate the exact facts indicating a violation of the law and allowing a judicial challenge.
The document is compiled according to the general rules of vocabulary and grammar of the Russian language. It should be remembered that a statement in which the honor and dignity of persons is belittled is not subject to consideration.
After reviewing the document, the judge prepares a determination. Preparation of an act by a judge takes a certain amount of time. He retires to the deliberation room to make a decision. It is impossible to appeal the determination in accordance with the law, therefore, the complaint may be filed for a final decision. The appeal shall indicate all violations committed by the court, as well as a violation of the recusal procedure itself, if any. This appeal is filed within the statutory one-month period.
The nuances of the process
An application for the challenge of a judge shall be submitted only in accordance with the law. Incorrectly drawn up documents are not subject to review. In addition, there are known cases of self-recusal of judges in the arbitration process. Self-recusation must be legally justified. An application must be filed at the beginning of the proceedings in order to take into account the reasonable length of proceedings.
If the court rejects the application for challenge, the person does not have the right to resubmit the application.
If the application for challenge of the judge is satisfied, it is replaced, and a new hearing is scheduled. If the case requires a peer review, a new panel of judges is being formed. There are frequent cases when it is difficult to form a new judicial composition, so the case is referred to a different arbitration court.
Persons involved in the arbitration process
Participants in the arbitration process can be divided into 3 groups:
- Judge or judges of the arbitration.
- Participants in the case.
- Process assistants.
The second group includes plaintiffs, defendants, third parties with or without independent claims, government officials (prosecutors, etc.), local government officials.
The third group includes: court clerks, experts and specialists, witnesses and translators, assistant judges.
All of the above participants make up the judicial system and help the judge make a legitimate, reasonable and reasoned decision in the case under consideration.
Participants in the arbitration process have a certain number of rights and obligations fixed by law. Fundamental rights are specified in the Civil Procedure, Arbitration Procedure and other codes.
Restoration of rights in an unlawful decision
The restoration of rights may be carried out by filing an appeal to the court of first instance.
It should be noted that both the persons participating in the case and other citizens whose rights are violated by the decision have the right to appeal the court decision.
Thus, the challenge of the judge agribusiness clearly regulates. It is carried out only in court, and appeal is possible by filing an appeal.
Conclusion
The procedure for the challenge of a judge in the arbitration process is regulated by Art. 24 agribusiness. To start the procedure, you need clear reasons, supported by documents, as well as a statement drawn up in accordance with the established form. The application may be filed orally and in writing, preferably the latter. The decision on the challenge shall be taken by the presiding judge. The verdict may be appealed by appeal.