Economic disputes, that is, those in which various business entities participate, in Russia can be resolved with the assistance of arbitration courts. What is the specificity of their work? What regulations govern arbitration?
Arbitration Court Tasks
To begin with, we will consider what tasks the judicial system of the arbitration courts of the Russian Federation solves. Their specificity is determined by a separate federal regulatory act - the agro-industrial complex of the Russian Federation. In accordance with this Code, the system of arbitration courts of the Russian Federation solves problems related to the resolution, as we noted above, of economic disputes - those in which economic entities participate: individual entrepreneurs, various business entities, foreign companies.
The activities of the relevant judicial institutions are regulated by the agro-industrial complex and other sources of law, in particular the Federal Constitutional Law on Arbitration Courts. The list of tasks that the institutions under consideration includes:
- protection of the rights and interests of persons engaged in economic activities, as well as state and municipal authorities in the field of business;
- ensuring the availability of arbitration justice for various business entities;
- fair settlement of disputes within a reasonable time frame;
- strengthening the institution of law, legality, as well as the prevention of offenses in the field of economic activity;
- promotion of respect for citizens and organizations to the law;
- the activities of the courts, stimulating the development of partnership between business entities;
- ethics of business communication.
Normative regulation of the system of arbitration courts
Let us now examine in more detail what regulatory acts govern the system of arbitration courts of the Russian Federation. The fundamental source of law on which arbitration should be based in its activities, as, indeed, any institutions, citizens and organizations, is the Constitution of the Russian Federation. Specifically, the procedure for arbitration proceedings is determined by the main law of the state, as well as:
- FKZ “On the judicial system”;
- FKZ “On Arbitration Courts”;
- Agribusiness of the Russian Federation;
- other federal laws whose scope extends to the activities of arbitrations.
The APC of the Russian Federation establishes the norm in accordance with which the provisions of the international treaty are applied in the Russian Federation, if it establishes other rules than those that are fixed in the legislation. At court sessions, only applicable legal provisions should apply. If this or that norm within the framework of procedural law, which is required to evaluate the results of certain legal relations within the framework of the meeting, is absent in the legislation, then the system of arbitration courts of the Russian Federation must be guided by the principle of analogy of law. That is, to consider the dispute in the context of similar legal norms that govern related areas of legal relations.
Let us now consider what constitutes an arbitration court of the Russian Federation as an independent legal institution. For this, we turn to the provisions of the Federal Law on Arbitration Courts.
Arbitration courts as an independent legal institution
In accordance with the noted source of law, arbitrations are federal courts. The system of relevant institutions includes:
- district arbitration courts (they are also cassational);
- court of appeal;
- first instance courts of constituent entities of the Russian Federation;
- specialized courts.
Previously, the highest-ranking institution within the relevant system was the Supreme Arbitration Court of the Russian Federation. However, in 2014, the legislator carried out a reform, as a result of which the functions of the Supreme Arbitration Court of the Russian Federation were transferred to the Supreme Court of the Russian Federation. Let us consider in more detail the features of these changes in regulatory rules of law.
Judicial Reform 2014
So, in early 2014, the legislator initiated amendments:
- in the Federal Law "On the Supreme Court";
- in the Federal Law on the Judicial System.
In accordance with them, as we noted above, the functions of the Supreme Arbitration Court of the Russian Federation, after the relevant amendments entered into force in August 2014, were transferred to the RF Armed Forces. A special procedure was established for the formation of judges in the RF Armed Forces, which received new powers.
This reform, in accordance with which the Supreme Arbitration Court of the Russian Federation was virtually abolished as an independent institution of law, caused a lot of criticism. According to experts, the competencies that the Armed Forces of the Russian Federation initially possessed were not so easy to transfer to the level of another state institution. In this regard, according to experts, the quality of the consideration of cases within the framework of arbitration processes may decrease.
One way or another, the reform of the judicial system has taken place. Any arbitration court of the Russian Federation carries out its activities taking into account the fact that the highest powers in resolving economic disputes now have the Armed Forces of the Russian Federation.
Let us now consider the features of the exercise of functions by the specific types of arbitration courts that we have designated above: district, appeal courts, performing the role of first instance institutions that work at the level of constituent entities of the Russian Federation, as well as specialized ones. For this, we turn to the provisions of the Federal Law on the Judicial System.
Circuit Courts: Features of Functionality
So, the system of arbitration courts of the Russian Federation includes institutions that carry out their functions at the district level. These arbitrations are also cassation. It may be noted that they consider disputes at the first instance level. It should be noted that the arbitration districts, in accordance with the law, are superior to such institutions as:
- Arbitration Court of Appeal;
- institutions performing functions at the level of constituent entities of the Russian Federation.
At the same time, both types of organizations should be located in the territory of the corresponding district, unless other rules are defined in the Federal Constitutional Law. Similarly, the powers, the formation algorithm, as well as the procedure for organizing the activities of district arbitrations are established at the level of the FCL.
Courts of Appeal
Actually, the appellate arbitration court as an independent legal institution is also present in the framework of the corresponding system. His powers are again established at the level of the Federal Commission for Law of the Russian Federation. Within their competence, these institutions may consider cases due to new or newly arisen circumstances.
Arbitration in the subjects of the Russian Federation
Examples of relevant institutions are the arbitration court of a region or region that forms a separate subject of the Russian Federation. The main powers of these organizations are related to the administration of justice at the first instance level, as well as for new or newly emerging circumstances.
The subject of the Russian Federation is also considered a city of federal significance. Thus, there is an arbitration court in Moscow and St. Petersburg. Its functions and powers correspond to the institutions in question. The Arbitration Court of the Moscow Region will carry out its activities regardless of the capital. The same can be said about St. Petersburg and the Leningrad region. The Arbitration Court of St. Petersburg resolves disputes arising between business entities that operate in the city. Arbitration in the Leningrad Region will consider cases involving firms representing the corresponding region.
The Arbitration Court of a region or other type of subject of the Russian Federation carries out its activities in the manner, which, as in the case of previous institutions, is determined at the level of Federal constitutional laws.
Another type of arbitration is specialized courts. They also have federal status. Consider the features of their activities in more detail.
Specialized Arbitration
In fact, specialized federal courts may not necessarily be arbitration. It is possible that they perform functions related to the consideration of administrative and civil cases, which in the general case are within the competence of the courts of general jurisdiction. However, if necessary, they can perform the functions of specialized arbitrations. The procedure for their formation, as in the case of other institutions, such as a district, appeal, arbitration court of a republic, territory or region, is determined at the level of the Federal Law Committee.
Intellectual Property Court
An example of specialized arbitration is the Intellectual Property Rights Court. This organization considers disputes related to the exercise of rights. At the same time , the Intellectual Property Court simultaneously has the authority to administer justice at the level of the first, as well as the cassation instances.
So, we examined the basic information about the system of arbitration courts of the Russian Federation, which institutions are represented in it. It will be useful to study some of the nuances of this system. In particular, how judges are appointed in arbitration. For this, we again turn to the provisions of the Federal Law on Arbitration Courts, as well as to the legal acts supplementing it.
Appointment of judges in arbitration
The appointment of chairmen, their deputies, as well as judges in all types of institutions is carried out in accordance with the provisions of:
- FKZ “On the judicial system”;
- Law of the Russian Federation “On the Status of Judges”.
The main condition under which a citizen is assigned to the arbitration court of Moscow, St. Petersburg, oblast, krai, okrug is to obtain consent from the qualification board. In turn, this body also makes decisions on the dismissal of judges. However, they can be appealed to the Disciplinary Board of the Armed Forces of the Russian Federation.
Arbitration Financing
The next aspect of arbitration that we will study is financing. It is carried out at the expense of the federal budget of the Russian Federation. Courts are funded by the Armed Forces of the Russian Federation taking into account the position of the Judicial Department. Thus, the activities of the institutions under consideration are carried out centrally. The Arbitration Court of the Moscow Region, the capital, and the district uses the funds of the federal budget.
The number and structure of arbitration
Let us also consider how the legislation of the Russian Federation regulates the number and structure of the institutions in question. It can be noted that the relevant indicators are established by budget legislation, since, as we noted above, the activities of arbitrations are financed from the state budget. Moreover, the number and structure of specific judicial institutions, such as the arbitration court of St. Petersburg, Moscow, region, territory, are determined by the RF Armed Forces within the limits established by budget legislation.
Court of Arbitration
Another aspect of the activities of these institutions, which will be useful to study, is the functioning of the apparatus. This body is responsible for the organizational support of the arbitration. The appropriate apparatus is headed by the chairman of a specific arbitration court. The main tasks solved by this body:
- pre-trial reception of persons who participate in disputes;
- reception and issuance of various documents, their verification;
- facilitating the work of judges in the framework of their preparation for the consideration of disputes;
- keeping records of various cases;
- research and synthesis of emerging judicial practice;
- preparation of various proposals for the necessary amendments to the legislation;
- information as well as reference work;
- statistical accounting in the framework of core activities;
- material and technical support of the institution;
- organization of execution of acts issued by the court.
The activity of the court apparatus is regulated by a special provision. It is approved by the Judicial Department under the RF Armed Forces. In order to consider special issues that arise as part of the consideration of certain cases, a group of advisers is gathered in his office who have the necessary qualifications to solve the tasks. The total number of employees in the facilities of the institutions in question, not counting the personnel involved in the protection, maintenance of buildings, and transport management, is determined by budget legislation.
The structure and size of the arbitration apparatus are established by the chairman of the court subject to agreement with the Judicial Department in the RF Armed Forces, taking into account indicators defined at the level of budget legislation. The staff of the court may have the status of civil servants. Their rights and obligations are established by separate federal laws and other legal acts adopted in order to optimize the system of legal regulation of the activities of public servants. The rights and obligations of court staff who do not have the status of civil servants are regulated by the Labor Code of the Russian Federation.
Summary
So, we studied the features of the system of arbitration courts of the Russian Federation. These are represented by 4 main varieties: district, appeal, courts of constituent entities of the Russian Federation, as well as specialized arbitrations.
The activities of relevant institutions are regulated at the level of federal law. Since 2014, the Supreme Court of the Russian Federation has been the most competent in the arbitration system. He is also responsible for the formation of the composition of judges in specific institutions, within the framework of those indicators of the number of personnel established by budget legislation. It, in turn, determines how the system of arbitration courts of the Russian Federation will be financed.
The institutions under consideration resolve economic disputes with the participation of entrepreneurs, business entities, and authorities. Arbitration activities are organized by the apparatus established in them.