Resolving economic disputes is the power of the arbitration courts, where competence is a set of rules that allow you to outline the range of cases that are suitable for this department. The affiliation of a particular case to a specific arbitration court is considered in the judicial system of the Russian Federation.
Credentials
There are several levels of arbitration courts in our country, so their work must be considered in stages. The first type is the arbitration court of a separate subject of the Russian Federation. His work is divided into seven points.
1. Cases are considered in the very first instance, but only those that fall under his authority. Exceptions are cases attributed to the competence of the Supreme Court, specialized or district arbitration courts.
2. This clause, which was part of the powers of arbitration courts, is excluded. The Code of Arbitration Procedure indicates amendments and changes.
3. Repeatedly considers already adopted and entered into force judicial decisions on newly discovered circumstances.
4. Makes a request to the Constitutional Court of the Russian Federation regarding verification of a law that has already been applied or which is to be applied in a case considered in any instance.
5. The jurisdiction of the arbitration courts also includes judicial practice, its study and generalization.
6. As well as preparing proposals for improving laws and other legal regulations.
7. The Arbitration Court of the subjects analyzes judicial statistics.
Field of Activities and Functions
The body that deals with disputes in any way relating to professional participation in civil turnover (for example, business), many categories of disputes falling within its competence, which are established by the Arbitration Procedure Code of the Russian Federation. He also clearly defined the powers of the arbitration courts of the Russian Federation.
Their functions are as follows.
1. To resolve disputes that arise during entrepreneurial and any other economic activity.
2. Conduct statistical accounting and analyze statistical data on their own activities.
3. To prevent violations of the law in the field of economics.
4. To establish and implement international relations and contacts legally.
Implementation of tasks
The court performs all of the above tasks (functions) by means of its own means. Their implementation is assisted by the powers of the arbitration courts of the Russian Federation, which are specified in the legislation.
It is for the implementation of the tasks at each level that the arbitration courts are endowed with their own and inherent powers only of a particular level. The most important is the precise definition of competence in relation to a particular case, the correct establishment of the jurisdiction and jurisdiction of this arbitration court.
The nature of legal relations
Violation of these rules may result in the cancellation of decisions taken by the court. Articles 27-33 of the Arbitration Procedure Code of the Russian Federation exist to determine jurisdiction. Here, first of all, the nature of the disputed legal relations and the subjects of the case are taken into account.
The jurisdictional courts of arbitration are cases related to economic disputes that arise between entities such as legal entities, including entrepreneurs who have not formed a legal entity that are in the status of an individual entrepreneur.
Jurisdiction
A dispute is economic if it arises on the basis of a specific civil, administrative, land, customs, tax, financial or other legal relationship, and the reason is a property or property rights, as well as work performed or services provided. The jurisdiction of cases is special in relation to the range of cases that a court of general jurisdiction considers in the framework of civil proceedings.
The powers of the arbitration court of a subject of the Russian Federation extend only to those cases that directly relate to its jurisdiction. Other cases receive the procedure for action proceedings , if they are provided for by federal laws or the Arbitration Procedure Code, the court considers not only individual entrepreneurs and legal entities, but also organizations and individual citizens.
Arbitration court in the constituent entities of the Russian Federation
The main link in the system was the arbitration courts of the subjects, the first stage. Subjects are autonomous okrugs and regions, cities of federal significance, republics, territories, regions. One arbitration court may act on the territory of several entities at once, and they are created through federal law.
The distances between cities and villages of the Russian Federation are very large, which creates many difficulties in the exercise of their right to a defense in court for participants in legal proceedings. Therefore, the establishment of a permanent judicial presence in the field, outside the main location of the arbitral tribunal, but endowed with the same powers, was very advisable.
Structure
In the structure of the arbitration court of each subject of the Russian Federation, the presidium works with a judicial board, which considers disputes arising from legal relations of civil and others, as well as a second judicial board, which considers disputes in administrative legal relations.
Its presidium includes the chairman, deputies, chairmen of the composition of the court and judges (who have been approved at the plenary session of the Supreme Arbitration Court and have been working on the presidium for only two years, then they can be reappointed). The powers of the arbitration courts of the entities were listed above.
In the counties
The district arbitration courts verify, as a cassation instance, the legality of court decisions that have already entered into force in the constituent entities of the Russian Federation and courts of appeal. The powers of the district arbitration court are established by federal laws. District courts may also act in the first instance if they consider applications for compensation for violations of the rights of legal proceedings in a certain period of time or violations of the rights to enforce court decisions.
The district arbitration courts include a presidium and two judicial collegiums, considering disputes of civil or other and administrative legal relations. The composition, structure, powers of the arbitration courts of the district, as well as their activities are determined by a special chapter of federal law.
Note
Among many others, there is the authority to recognize (or not recognize) decisions of foreign courts regarding disputes arising during the course of business. In addition, arbitration courts of appeal are also involved in verifying judicial decisions.
The powers, the order of formation and their activities are very similar to those of the district courts. They similarly administer administrative proceedings arising from administrative or other economic disputes regarding entrepreneurial activities.
Superior Court of Arbitration
The powers of this judicial authority are very broad. With its help, economic disputes and many other cases are resolved within the competencies established by the Constitution. Here, the procedural forms of judicial supervision provided for by federal laws regarding the activities of subordinate arbitration courts are carried out, issues of judicial practice are explained here.
The entire judicial system is led by the Supreme Arbitration Court. Its composition and powers are determined by the Constitution of the Russian Federation. The composition includes the federal district arbitration courts, which are the verifying courts (ten in total), as well as all republican, regional, provincial, and similar arbitration courts.
Functions
Cases of a certain plan are considered here. As a court of first instance, the Supreme Arbitration Court may invalidate non-normative acts of the president, the chambers of the parliament, the Government of the Russian Federation, which do not comply with the Constitution and laws, violate the interests and rights of organizations and individual citizens; considers economic disputes between the Russian Federation and its subject, as well as litigation between individual entities.
As a supervisory authority, the Supreme Arbitration Court observes and makes decisions regarding protests against decisions of arbitration courts that have entered into force and regarding new circumstances that have opened up in accordance with judicial acts adopted by them and entered into force. Not only the Supreme Court of Russia has the right of legislative initiative, but also the Supreme Arbitration Court. The structure, powers are determined by the laws of the Constitution of the Russian Federation.
For entrepreneurs
In arbitration courts, various cases of facts relevant to the creation, amendment and termination of the rights of citizens and organizations in the business sector and other economic activities are examined by a special procedure. For example, challenging legal acts related to taxation, currency control and regulation, as well as customs regulation, export control, patent and selection rights, chip topology, know-how, antitrust regulation, as well as banking, audit, insurance, and valuation activities .
Here you can continue this list for a long time, since the arbitration courts consider a variety of cases - from the use of atomic energy and the financing of terrorism to those relating to shared construction or regulation of housing and communal services prices. In an arbitration court, an entrepreneur can challenge non-normative legal acts, decisions and actions that relate to his personal rights and legal interests, that is, hold public authorities of any level responsible, both local and federal.
Levels
The composition of the Supreme Arbitration Court of the Russian Federation is as follows: a plenary session, a presidium and two judicial collegiums on disputes of civil and administrative relations. This is the upper stage of the judicial system. Further, the federal district arbitration courts, which in the cassation instance verify the legality of court decisions that have already entered into force in the constituent entities of the Russian Federation. The rest of their functions were listed above. Arbitration courts of appeal - the second level of the system. It verifies the validity and legality of court decisions that have not yet entered into force in the constituent entities of the Russian Federation. They also function as part of the presidium and two judicial boards - in civil and administrative legal relations.
And in the first instance, all jurisdictional cases are considered by the arbitration court of a certain subject of the Russian Federation, except for those cases that are within the competence of the Supreme Arbitration Court. At the first level, there are 81 institutions, which also have their own and empowered judicial presence in remote places. The structure of such institutions is determined by the functions performed and the amount of work. The litigation process is quite lengthy and time-consuming, it requires special knowledge and skills. But the structure of the judiciary must be known so that each entrepreneur clearly defines their own possibilities of appealing decisions of the first instance.
Arbitration Court Device
Internal structure are:
1. Plenum of the Supreme Arbitration Court.
2. The Presidium.
3. Judicial board for civil and other disputes.
4. Judicial board considering administrative disputes.
Each institution has its own apparatus for receiving incoming documents, assisting judges in preparing cases for meetings, certifying copies of acts, as well as issuing them, checking payment of state fees, sending documents and many other duties. The internal structure of the arbitral tribunal includes a clerical office, an expedition, judicial departments (for judges, assistants, specialists, secretaries), judicial compositions with chairmen, a bailiff department, and much more.