Arbitration procedural law is represented by a system of legal norms designed to regulate the activities of the court (arbitration) and other interested parties, which is related to the administration of justice in cases assigned to the arbitration court.
The main objective of this legal proceedings is to protect the disputed or violated legitimate interests and rights of persons who carry out economic (business and other) activities. In addition, this area protects the legitimate interests and rights of the Russian Federation, state authorities, municipalities, state entities, other bodies and officials.
Entrepreneurial activity is independent. It is carried out at your own risk and is aimed at regularly making profit from the sale of goods and the use of property, the provision of services and the performance of work by registered entrepreneurs as established by law by persons.
Other economic activity is the realization of the interests of participants in civil turnover in public law relations, to one degree or another related to entrepreneurship. Such relations, in particular, include relations with customs, tax, registration, antitrust and other government agencies that are empowered to regulate economic activities in the relevant field.
Disputes arising from the above relationships are considered in the structure of a particular system. Regulated by the rules of arbitration law (procedural), sequentially procedural actions that are performed by the arbitral tribunal and other parties to the proceedings relating to the consideration and resolution of a particular case define the concept of the arbitration process. The complex of all actions performed by participants (parties), indicates its stages.
The arbitration process is divided into six stages. They are determined depending on the content and goals of the action.
- In order to resolve the dispute on the merits, the claims are considered in the court of first instance. A decision is made on the requirements presented in the lawsuit.
- In order to consider cases with newly submitted and already available evidence, the arbitration process is carried out in the appellate court. In this case, the case is re-examined taking into account the complex of evidence (new and existing).
- In order to verify the legality of decisions and decisions adopted by the courts of appeal and arbitration courts in the state, the proceedings are conducted in the cassation instance.
- To review acts with significant violations identified in the rules of procedural or substantive law , proceedings are conducted in a supervisory order.
- The arbitration process may be carried out with the aim of reviewing judicial acts and correcting errors in connection with the circumstances of acts that have entered into force.
- For the practical implementation of the decisions taken, the execution of court acts is appointed. This procedure does not arise if the parties voluntarily execute the court decision on the merits.
All stages into which the arbitration process is divided are not always mandatory. However, they are of great importance in the further movement of the matter. When considering any case (arbitration), the first two stages are considered mandatory.
Each of the stages, in turn, is divided into three stages. These include:
- initiation of proceedings;
- preparatory procedure;
- resolution of the case with a decision on it.
Legal proceedings are divided into the following types:
- General claim. This proceedings is instituted by filing a claim demanding the resolution of a legal dispute.
- Special proceedings in the arbitration process. In this case, a requirement to establish a fact (legal) is issued for permission of the court , and there is no dispute about the right.