The arbitral tribunal is an important concept in legal structures. This is a state body that refers to the judiciary. Its competence includes consideration and resolution of economic disputes between organizations, institutions having the status of a legal entity, and citizens who are entrepreneurs. If you wish, you can appeal the decision to a higher judicial authority.
History of occurrence
The system of arbitration courts in Russia has a rather long history. For the first time, Tsar Alexei Mikhailovich tried to create a special court for the merchant estate in 1667. He ordered all merchants to conduct business in one “decent order” so as not to waste time on trials.
Peter the Great created the main magistrate in 1721. His powers included the consideration of commercial matters, and therefore he received the name of the customs court. It was Peter the Great who introduced the estate organization of the merchants by analogy with Europe.
The functions of arbitration courts in pre-revolutionary Russia were performed by commercial courts.
They existed in Moscow, St. Petersburg, Novocherkassk. These organs existed until the 1917 revolution.
The jurisdiction of the arbitration courts of that time was regulated by the Charter on legal proceedings in commercial matters. Commercial courts considered claims and disputes on promissory notes, verbal and written obligations and contracts, disputes, insolvency cases.
Jurisdiction was also determined - each commercial court functioned at the city or county level.
Judicial Reforms
Commercial vessel conversion is not affected. The only changes that appeared in legal proceedings were related to the dispute resolution procedure. The process was carried out on the basis of the Charter on civil record keeping.
After 1917, a court decree was issued according to which a ban was imposed on lawsuits between state institutions. All emerging disagreements between organizations and enterprises were considered by higher authorities in an administrative order.
With the development of economic relations, it became necessary to create a special body whose mandate would include the resolution of conflicts between state organizations and enterprises.
In 1922, the Arbitration Court of First Instance appeared in the Russian Federation. All property disputes that arose between state enterprises and institutions were resolved by the Higher Arbitration Commission at the Council of Defense and Labor, at regional meetings, at the Councils of People's Commissars of the Socialist Autonomous Republics, and at executive committees of provinces and regions.
In 1931, the State Arbitration Court appeared, the purpose of which was to resolve disputes between enterprises, institutions, organizations and agricultural enterprises in a direction that contributed to the strengthening of planned and contractual discipline and economic accounting.
Forms
The Arbitration Court is a concept that, by the Decree of the All-Russian Central Executive Committee and the Council of People's Commissars of the USSR, existed in two forms: departmental and state. The State Arbitration Court considered disputes of organizations and enterprises of different subordination.
The functions of departmental arbitration courts included consideration of disputes in one ministry, committee, department.
They performed the functions of a court: they resolved any property, economic disputes in accordance with the legislation in force in the country and contracts. State arbitration became the successor of commercial courts that functioned in Tsarist Russia.
The Arbitration Court of First Instance was subordinate to a higher court, was a member of the executive bodies.
Constitutional Recognition
In 1974, after the decision of the Council of Ministers of the USSR, the arbitration court was legalized. The concept of a constitutional body was appropriated to him precisely at this time. After the adoption of the Constitution of the Soviet Union in 1977, the activities and creation of the state arbitration bodies were regulated by the law of the RSFSR “On state arbitration in the USSR”. Since that time, the arbitral tribunal began to deal with issues related to economic disputes between companies and organizations.
Modern tendencies
The powers of the arbitration courts of the Russian Federation were changed in connection with the country's transition to a market economy. The arbitration shall be transformed into a court, which shall consider and resolve disputes in a procedural arbitration form that promotes the creation of equal rights and guarantees for all participants in civil society.
What did the arbitration court do at the end of the last century? The concept was introduced in April 1992. The established authorities exercised judicial power in resolving disputes arising in the course of entrepreneurial activity related to economic (civil) legal relations.
The arbitration court resolved such disputes only if they stemmed from the relations of entrepreneurs (citizens) and organizations seeking to protect their interests and rights.
The jurisdiction of the arbitration courts included precisely the relations between persons conducting entrepreneurial activities and various organizations that prevent them from doing so.
Structure
Significant transformations occurred in the arbitration system after the adoption of the State Duma in 1995 of the All-Russian Commercial Court "On Arbitration Courts in the Russian Federation." According to this document, the system was defined:
- The Supreme Arbitration Court of the Russian Federation.
- Federal District Arbitration Courts.
- Republican (regional, regional, city) arbitration courts.
The above-mentioned laws provided for the exercise of judicial power by one arbitration court in the territory of several subjects of the Russian Federation at once.
A four-level system of authorities was created:
- the first;
- appeal;
- cassation;
- supervisory.
Arbitration Courts
The cassation instance was allocated to independent courts. According to the Law of the Russian Federation, the district arbitration federal courts currently operate:
- Moscow;
- Northwestern;
- Central;
- Ural
- East Siberian;
- Far Eastern;
- West Siberian;
- North Caucasian;
- Volga-Vyatka.
Features of the arbitration process
It is a form of activity of state arbitration courts in Russia, established by the norms of procedural law, which is aimed at protecting the violated or disputed rights of entrepreneurs, organizations, shareholders. The arbitration process involves the step-by-step movement of a case on a dispute that arose as part of entrepreneurial activity, arises from administrative, civil or other legal relations.
International arbitration considers disputes between companies located in different countries,
Also its subject is the consideration of judicial practice, which is associated with the activities of the court, the issue of the effective use of procedural law.
International arbitration studies foreign legal proceedings and legislation on arbitration disputes, analyzes the procedure for the interaction of arbitration courts with bailiffs in the execution of specific judicial acts and decisions.
Conclusion
The arbitration process is the activity of the court aimed at reviewing, resolving a case, implementing a decision, checking the validity and legality of the functioning of the parties, other participants in the process. This judicial body reviews the legality of relations between entrepreneurs and various organizations.
Procedural arbitration relations arise between a judge and other participants in the process when resolving and considering economic disputes and other cases, as well as during the review of court decisions and their clear execution.
Such relationships are regulated by the rule of law: the Constitution of the Russian Federation, the Arbitration Procedure Code, and the Federal Law on the Arbitration Court in the Russian Federation.
This judicial authority is obliged to clearly, in accordance with the requirements of Russian law, analyze and resolve all cases that are subordinate to it.