Often circumstances force people to defend the rights, both their own and those close to them. The role of the defender is performed by the courts of general jurisdiction, arbitration and arbitration.
The compilation and observance of legal norms has always played an important role in the formation of the state. The most ancient legal documents were the treaties of the Russian princes with the Byzantine ones. Fragments from the "Russian Law" were found in them.
A bit about arbitration courts
This legal proceedings deals with cases of economic disputes, as well as cases related to entrepreneurial activity. In pre-revolutionary Russia, commercial courts that dealt with commercial and bill cases dealt with issues of justice. In November 1917, by a Decree of the Council of People's Commissars of the RSFSR, this type of legal proceedings was eliminated. In 1922, arbitration commissions were opened to deal with disputes between organizations and enterprises. In the period from 1931 to 1991, state arbitration was established. At the end of this stage, arbitration courts were created, the activity of which was improved by the adoption in 1995 of the Federal Constitutional Law "On Arbitration Courts in the Russian Federation", as well as the Arbitration Procedure Code. The new existing agribusiness of the Russian Federation was adopted in 2002.
The arbitration functions can be divided into several types:
- Settlement of disputes that arose as a result of entrepreneurial activity.
- Issuing a warning of a violation of the law.
- Statistical accounting and analysis of statistics.
- Regulation of international relations.
The tasks will be:
- Protection of rights and interests.
- Guaranteed access to justice.
- Conducting legal and fair trial.
- Prevention of offenses and strengthening the rule of law.
- Becoming respectful of the court.
- Formation and development of business relations and business ethics.
Arbitration Unit Structure
Arbitration instances in Russia include the Supreme Arbitration Court, cassation and appeal courts, as well as courts of constituent entities of the Russian Federation. The first stage of legal proceedings carries out consideration of all cases, except those related to the activities of the Supreme Arbitration Court of the Russian Federation.
The second stage of the system consists of arbitration courts of appeal. They re-examine cases, verify the validity and legality of judicial acts that previously either did not enter into force, or arose due to new circumstances. This authority as an independent unit was created in 2003. When organizing the courts of appeal, the district principle is used, that is, in the territory of a certain district there are two such numbered courts.
The legality of cases conducted by the courts of the constituent entities of the Russian Federation, as well as appeals, is checked by federal arbitration. Ten such instances are open in Russia.
And finally, the fourth stage of justice is the Supreme Arbitration Court. He is engaged in the consideration of cases for the resolution of economic and other disputes, controls the activities of the entire legal proceedings.
As for the internal structure, the composition of a particular arbitration court depends on its functions and scope. For example, the Supreme Arbitration Court of the Russian Federation includes: Plenum (deals with issues related to the activities of legal proceedings, judicial practice, adopts binding decisions), the Presidium (carries out review of cases, and also considers certain issues of practice) and two judicial colleges dealing with disputes that arise from civil and administrative legal relations.
The Supreme Arbitration Court as part of the Plenum has a Chairman and deputies and, of course, judges. Also, employees of scientific institutions, representatives of the legislative and executive authorities and ordinary citizens can participate in the meetings. This authority, among other things, is responsible for the selection of personnel in judges, for the improvement of their qualifications. The organization has a Council of Chairpersons of Arbitration Courts, which deals with personnel, financial and organizational matters. The Scientific Advisory Council at the Supreme Arbitration Court of the Russian Federation prepares scientifically sound recommendations on cases related to the writing of normative acts and laws, and also deals with their improvement. The institution has its own press organ, the Bulletin of the Supreme Arbitration Court of the Russian Federation.
Principles of the arbitration process
The basic principle of the court is legality. This means compliance with the norms of the law of judicial acts, actions of participants in the process and the court itself, for which it is necessary to strictly comply with the law.
The next provision is that only the court has the right to justice. Judging is possible only by bodies and persons who are involved in this activity only in the manner prescribed by law. This principle implies the
principle of independence of judges, which indicates the subordination of these representatives of the authorities only to the Constitution of the Russian Federation and the Federal Law.
What follows is the principle of combining sole and collegial review of cases. Basically, the judge considers the case of first instance himself. The collegiums are convened if it relates to the jurisdiction of the Supreme Arbitration Court of the Russian Federation, or there is a dispute over the legality of normative acts, or the case is submitted with a note for group consideration. The decision in these cases is taken by calculation of the majority of votes. If any of the judges does not agree with the result, he signs the act and sets out his opinion in writing. The mandatory rule for the administration of justice is the principle that everyone is equal before the law.
Another important principle is the openness of the trial. Cases are considered in an open manner, a meeting may be closed if otherwise secret state, official or legally protected secrets are declassified, as well as in cases provided for by the Federal Law. Legal proceedings are necessarily conducted in Russian, which is the following rule.
The principles of the arbitration process also include dispositive (allows you to dispose of all your rights), adversarial (the ability to prove claims and objections, defend your position and get a fair decision) and directness (determines what methods and methods the court uses to perceive evidence in the case).
The arbitration process. Concept. Stages
The definition of this process says that it is a system of sequential actions that the court takes to resolve a particular case. The stages of the arbitration process include 8 points:
- Suing.
- Preparing for the trial.
- The trial at the hearing. The decision of the arbitration court.
- Appeal.
- Cassation review of decisions.
- According to the protests of the chairman and deputy of the Supreme Arbitration Court of the Russian Federation, decisions are reviewed.
- Enforcement of judicial acts.
Claim
To start a case, you must file a lawsuit in an arbitration court. It represents the substantive contentious claim of the plaintiff against the defendant, based on certain legal facts. The statement must indicate the circumstances that are the basis of the claim, as well as the requirements for the plaintiff. You can highlight the general rules for filling out a statement of claim:
- The name of the arbitration court where it is filed.
- Data about the plaintiff: name, place of residence, citizenship, date of birth, place of work and TIN.
- Information about the defendant.
- Requirements with a mandatory reference to laws and legal acts.
- Circumstances in which disagreements arose, as well as their evidence.
- If the claim is evaluated, then you must write its price.
- Calculation of the disputed amount.
- Information about the actions of the plaintiff before the court, as well as about the early measures taken to resolve the dispute, if any.
- List of documents provided. It is necessary to send copies of the claim and the attached documents to all persons involved in the case. Certificates of delivery of copies and the payment of state fees must also be attached to the application. The judge himself decides to accept the statement of claim within five days.
Arbitration cases. Preparing for the Trial
Before the meeting, a series of procedural actions are carried out, which are listed in Article 112 of the APC. Next, paperwork is performed, namely: sending and sending requests, summons, calling witnesses and participants in the process. In conclusion, the trial is assigned a place and time. During preparation, the judge is obliged to consider the following points: legal relations between the parties, circumstances of the subject of proof, legal interest of persons and much more.
Court hearing
After all preparation, the main stages of the arbitration process begin. The trial provides for the consideration of the case by the arbitral tribunal in the absence of participants for valid reasons. Except in special cases (Article 11 of the APC of the Russian Federation), the meeting is held openly. The judge single-handedly considers the cases of the first instance of the arbitration court, except in cases in which the presence of the commission is necessary (Article 17 of the APC of the Russian Federation). Article 154 of the APC of the Russian Federation is applied to regulate the order at the meeting.
What orders are we talking about? Firstly, this is a greeting from the judges. At their entrance to the courtroom, all those present stand up, and the decision made is heard standing up. Indications, explanations, questions to the participants are also asked standing. Secondly, to appeal to the court it is necessary to use the words: “Dear court!”
The course of the hearing is recorded. All persons who participate in the case can familiarize themselves with the protocol, as well as make their comments. In case of violation of the rules of order or failure to comply with orders, the offender after warning will be removed from the courtroom or a fine may be imposed on him.
The meeting is opened by the judge. He announces the name of the case, checks the presence of all participants in the process, acquaints himself with the composition of the court, explains the rights and obligations of the participants, be sure to ask about the settlement of the dispute and conducts all other actions, in accordance with article 153 of the APC of the Russian Federation.
Further, the work proceeds to the consideration of the case on the merits. The plaintiff sets out the circumstances of the dispute, the defendant and all the persons who participate in the case declare their position. Typically, a court hearing is ongoing until a decision is made. But in special circumstances, the court can take a break for a period not exceeding five days.
After the judge carefully examines all the evidence, the judicial debate begins. Here, all persons involved in the case take stock, verbally speaking and substantiating their position. The right of the last word always belongs to the defendant.
The final step is to remove the arbitral tribunal for consideration and decision. It is executed in one copy and joins the case. The decision of the arbitral tribunal is announced by the chairman. After that, the procedure for appealing is specified.
An additional decision of the arbitral tribunal is possible in cases of non-resolution of the issue of court costs, when the amount of the awarded monetary sum, property was not indicated, when no decision was made on the request put forward by the participant with the evidence presented.
Arbitration evidence
To resolve the dispute, all possible evidence must be presented. The actual composition of the case is formed on the basis of the claim, the written disagreement of the defendant, the limits of substantive law. According to articles 69 and 70 of the Arbitration Procedure Code of the Russian Federation, facts recognized by the court as well-known, predetermined or confirmed by both parties do not need to be proved. The obligation to conduct the process of evidence in the arbitration process rests with the official or the relevant authority, which challenge acts, decisions, actions and so on.
The stages of the arbitration process of proof are as follows:
1. Gathering evidence.
2. Submission of information by the parties to the case.
3. Subject to the principles of orality, competition and immediacy, evidence is examined.
4. Evaluation of the facts is carried out in accordance with Article 71 of the APC of the Russian Federation.
Evidence in the arbitration process must be admissible, reliable and relates directly to the case. As facts, material and written evidence, expert opinions, records of various carriers, answers of witnesses and so on can be used.
Court of Arbitration
Judges must decide in a dispute in a separate room. If the case is considered in a collegiate manner, the conclusion is drawn taking into account the majority of votes. The verdict is drawn up in writing, with the mandatory signatures of all participating judges. After that, the chairman announces the decision, and also explains the rules of appeal. The law provides for the postponement of the provision of a reasoned decision for a period not exceeding three days.
Additional stages of the arbitration process. Appeal
The essence of the complaint should be to justify disagreement with the court decision. It must be submitted in writing, with the obligatory signature of the person concerned. It is necessary to indicate the name of the court to which the appeal is filed and the court that adopted the appealed decision, describe the basis of the dispute and attach all petitions. Indication of the names, addresses and contacts of persons who participated in the case and can confirm the disagreement will not be superfluous.
The complaint is accepted on the basis of article 260 of the APC of the Russian Federation, in the case of non-compliance with which it will be rejected to eliminate the shortcomings. You can appeal within a month from the announcement of the decision by the court of first instance. The decision is made at a meeting of the panel of judges.
In the cassation process, arbitration cases are considered relating to the appeal of decisions of the courts of the first arbitration and appeal instances. The rules for filing a complaint are the same as described above, but the filing period has been increased to 2 months. The highest judicial authority in resolving disputes is the Supreme Arbitration Court of the Russian Federation, which is engaged in the exercise of due supervision of all other divisions. An application to this organization can be submitted within a three-month period. After its adoption, the case is sent to the Bureau. At the meeting, the main speaker is the judge of the Supreme Arbitration Court of the Russian Federation. The decision is approved by a large number of votes of judges. If no consensus is found, then the view remains unchanged. The sentence is not subject to appeal.