The arbitration process is one of the most important lawsuits in Russia. Some scientists distinguish it as a kind of civil process.
In this article we will consider the system of Russian arbitration bodies of justice and answer the question about what cases the arbitration court of the Russian Federation considers.
General information
The arbitration courts of Russia administer justice in the field of entrepreneurship and other economic activities.
Due to the fact that the economy is the most important area of life of any state, protecting the interests and rights of economic entities seems to be a very significant area of activity of the judiciary.
The arbitration courts are referred to the relevant competence of the case in the manner established by the APC of the Russian Federation, as well as the federal law on arbitration courts.
Objectives of the arbitration process
The second article of the APC of the Russian Federation defines the main tasks of the production of arbitration justice. These include:
- Providing justice in the economic sphere.
- Protection of the interests and rights of persons whose activities are entrepreneurial or related.
- Ensuring a public trial.
- Prevention of violations of law in the economic sphere and strengthening the rule of law.
- Promoting the formation of business relationships and business ethics.
- Develop respect for the courts and the law.
Arbitration Court Stages
The stages of the arbitration process are called following one after another and interconnected procedural actions that are committed by participants in the specified process. The stages of the process are characterized by certain procedural goals and content. This process includes the following steps:
1) Consideration of the dispute on the merits and its resolution constitute the production of a case directly in the justice authority of the first instance. This court of arbitration shall hear cases with the aim of establishing factual circumstances and resolving a legal conflict.
2) An appeal against decisions and decisions of a court of first instance, which have not yet entered into force, constitutes a case in an appellate instance body. At this stage of the process, the arbitration court of appeal reviews judicial acts in order to detect errors in them. The court of appeal is also often called the second in the proceedings.
It should be noted that the arbitration court also considers cases in the cassation instance, which implies a review of decisions of the appeal or first instance that have already entered into force.
In addition to the above procedures, decisions can also be reviewed in a supervisory review procedure, which implies the appeal of a person participating in a particular case with a supervisory appeal to the Supreme Court of Russia.
3) The final stage of the trial in question is the execution, in the appropriate manner, of the decision that has entered into force.
System of Russian Arbitration Courts
The system of Russian arbitration bodies of justice includes district courts, constituent entities of the Russian Federation, appeal and specialized courts.
District arbitration courts are also called cassation courts, as they verify the validity and legality of acts issued in cases that have been examined by the courts of the constituent entities of Russia and appeal bodies. In addition, the district courts carry out methodological work, which includes, among other things, generalization of judicial practice, preparation of proposals for improving legislation, analysis of activity statistics and other types of work.
Arbitration courts of constituent entities of Russia
It is the arbitration courts of the subjects that are the key link in the Russian arbitration system. This category includes courts of the territories, regions, regions of Russia, cities of federal significance, etc.
What do arbitration courts of entities consider? Such bodies in the first instance consider all cases subordinate to them, with the exception of those that are authorized to consider other courts. In addition, these courts have the power to review acts of justice on newly discovered facts and engage in methodological work in the established sphere of jurisdiction.
Jurisdiction of affairs
Arbitration courts are subject to cases that relate to economic disputes. Article 27 of the APC of the Russian Federation establishes that these courts are authorized to consider cases:
- Bankruptcy of individuals and legal entities.
- On corporate disputes, which include , but not limited to, those related to the creation, reorganization or liquidation of an organization, disputes regarding the ownership of shares or shares in the authorized capital, etc.
- On evasion of state registration of individual entrepreneurs and organizations.
- In intellectual property disputes involving enterprises managing such rights.
- On the protection of business reputation in the business sector.
- Other matters, disputes on which arise during the implementation of economic activities, including business.
Almost all of these issues are regulated by the relevant federal laws and by-laws. Such acts include, for example, the Civil Code of the Russian Federation, Law No. 127 “On Insolvency (Bankruptcy)” and other regulatory documents.
It should be noted that arbitration courts also consider cases of establishing facts that have legal significance. These include the fact of use and ownership of real estate; state registration; belonging to this legal entity or individual entrepreneur of a title document and other facts that may give rise to legal consequences in the field of entrepreneurial and other economic activities.
Cases arising from other legal relations
The arbitration courts of the Russian Federation also consider cases in which disputes arose from civil, administrative and other public legal relations. An indication of this is contained in articles 28 and 29 of the agro-industrial complex.
In the lawsuit proceedings, arbitration courts of the first instance consider and resolve disputes related to the conclusion, execution, amendment or termination of civil law contracts, as well as disputes on the protection of property rights, on the demand for property, on the protection of intellectual rights and others.
Cases arising from public relations should be considered in administrative court proceedings. These include cases of contesting normative and clarifying legislation acts of federal executive bodies, collecting sanctions and obligatory payments from economic entities, and other disputes.
Delineation of jurisdiction
In order to understand which court should consider the case - general or arbitration, it is necessary to determine the criteria delimiting the jurisdiction of these courts.
One of these criteria is the subject composition of the dispute under consideration. The subjects of the case considered by the arbitration court should be individual entrepreneurs, organizations, the Russian Federation as a whole, subjects of the federation, municipalities, authorities and local governments, officials of these bodies.
The subject criterion of delineation is the main one and means that depending on the subject of the dispute, the case is subject to consideration in a particular court. The subject of the dispute, considered by the arbitration court, are legal relations in the field of economics.
Conclusion
So, we found out that the arbitration court considers cases arising from economic disputed legal relations. Due to the fact that in recent decades a market economy has been successfully developing in Russia, the formation of a justice institution that examines economic disputes in our country is a natural and extremely necessary phenomenon.
Speaking about the development of commercial justice, we note that Russian arbitration courts are actively using electronic systems that allow you to file any lawsuit or statement electronically, obtain information about the progress of cases and even participate in meetings through conference calls.
The arbitration procedures are characterized by openness and publicity, which significantly increases the efficiency of justice in the economic sphere and contributes to the formation of a stable economy in the country. Thus, we can say that the arbitration courts successfully cope with their tasks.