Who is the arbitration manager? Self-regulatory Organization of Arbitration Managers

In the entire history of their existence on the planet, people have realized that any issues are best addressed collectively. This principle eventually transformed into a proverb: "One head is good, and two is better." To date, this rule applies in many areas of human life. But most often it can be found in those industries where legal issues are resolved. In this case, we are talking about judicial activity as a kind of guarantor of the realization of the rights and freedoms of legal entities and individuals. It is worth noting that the courts in the Russian Federation are built into a single, functional and extremely effective system. All bodies of this system carry out their activities only on the basis of specific legal facts. Thus, the courts are special bodies whose activities are aimed at protecting rights and freedoms, and in some cases resolving disputes.

However, quite often a contentious issue arises regarding arbitration courts. These instances have not only specific jurisdiction, but also their dispute resolution style, which is characteristic only for them. During the implementation of these processes, these courts very often use arbitration managers. Further in the article, the author will try to consider the main functions of this institution, as well as to analyze the essence of its activities.

What is arbitration?

The activities of the arbitration manager are directly related to the arbitration courts. Therefore, it is simply necessary to consider their functional essence. In general, the term “arbitration” is used not only in Russia, but also in other countries. Moreover, arbitration courts are also found not only in the Russian Federation. In almost all powers, the tasks of these bodies are similar, if you do not take into account some differences in the process of activity. Thus, the arbitration court is a special body of state power, acting on an ongoing basis, the purpose of which is to administer justice in the field of business and other economic activities. Simply put, this is a place of contesting disputes directly related to the implementation of activities of an economic or financial nature. A clear manifestation of the financial and economic orientation can be traced in some subjects of the process. For example, in Russia, as well as abroad, in certain cases a financial arbitration manager is involved, the essence of whose work will be presented later in the article.

Features of this institution in Russia

Despite the existence of a generally accepted concept, in the Russian Federation the activity of arbitration courts has a specific form. In the classical theory, the arbitral tribunal is a body of the judicial branch of government, which seeks justice primarily in the field of entrepreneurship, as well as in other sectors of economic activity. The most striking example of the activity of these instances is the process of recognizing the insolvency of an individual or legal entity.

Jurisdiction

Given the specifics of arbitration courts, we can talk about a special jurisdiction. Based on the definition of the term, arbitration in the Russian Federation is subject to cases related to entrepreneurial and other economic activities. In more detail on this issue, the following types of cases can be distinguished in the sphere of consideration of such courts:

• Arising from some civil law relationships.
• Arising from public law relations.
• Cases of contesting normative acts issued in the manner prescribed by law, which in one way or another affect the interests, rights of persons engaged in entrepreneurial, other economic activities.

• Cases the subject of which is to challenge the activities of specific officials, decisions and non-normative bodies, etc.
• Cases on bringing individual entrepreneurs to legal liability.
• Cases whose purpose is the enforcement of decisions of foreign courts.
• Cases of special jurisdiction, namely: in corporate disputes, bankruptcy, disputes over the activities of depositories, disputes over the activities of state corporations, disputes over the protection of intellectual property rights, and disputes over the protection of business reputation.

The presented list is exhaustive and can be supplemented solely by acts of public authorities. In addition to jurisdiction, there is such a thing as the jurisdiction of cases to arbitration courts. With the help of this category, it is decided which particular arbitration court will consider the case. The following types of jurisdiction can be distinguished: generic and territorial.

Arbitration Court Functions

Given the specifics of the cases under consideration, we can talk about the presence of special functions of the courts in question, which are not available in the courts of other industries. Thus, arbitration courts have the following functions:

1. Settlement of business and other economic disputes.
2. Keeping records and developing statistical data on the subject of its activity.
3. Prevention and termination of any kind of violations in the field of economic activity of society.
4. Development and installation of international relations.

Of course, a number of other functions can be distinguished. But as for the presented ones, they are fundamental both in theory and in practice.

The notion of arbitration manager

Earlier in the article, it was already indicated that the arbitration courts have jurisdiction in cases that have a special jurisdiction stamp. One such case is the recognition of bankruptcy. In the process of implementing a case of such specificity, a need arises for such a person as an arbitration manager. This is a special participant in the process, the main role of which is to constantly monitor the activities of a person. However, the possibilities of this participant are much wider than many people know. Thus, the arbitration manager is a professional participant in activities of a managerial nature, whose functions include crisis management of an enterprise under the control of the arbitration court. In some cases, confusion of terms occurs. For example, many do not know that the administrator of an arbitration court is the same procedural person with the correct, legislative name. In other words, it is a person who administers on behalf of a particular arbitration.

The essence of the status of “arbitration manager”

The institute presented in the article is implemented directly by the citizens of the Russian Federation. It should be noted that the arbitration manager is a private person who performs public law functions. Of course, any decisions of this person are binding. Without exception, all managers are members of self-regulatory organizations (SRO arbitration managers). Such structures have a lot of characteristic features, which will be discussed later in the article.

SRO arbitration managers

A self-regulatory organization is a non-profit type company in which business entities involved in the development of a separate manufacturing industry are combined. In some cases, a self-regulatory organization of arbitration managers unites employees of a separate professional line, following the example of trade unions. This body is designed to control business entities. However, supervision is far from being carried out in all economic spheres, but only in those in which there is a state interest. Thus, the self-regulatory organization of arbitration managers allows not only to unite representatives of such an institution, but also to organize control over their activities.

Earlier it was noted that the arbitration manager is one of the subjects of the debtor insolvency process. The fate of the debtor depends on his activities. Therefore, the activities of this institution must be viewed through the prism of the concept of "bankruptcy." The arbitration manager at the same time acts as a key figure in the whole process, because in his hands the right to "sink" or save the company, organization from liquidation.

Classification

Depending on the specific stage of recognition of an individual, legal entity bankrupt, there are several types of “posts”, so to speak, to which arbitration managers are appointed. From here one can distinguish different types of manifestations of the institution presented in the article, namely:

• the interim manager is “used” during the observation procedure;
• financial recovery of the organization is carried out under the control of the administrative manager;
• the external manager implements the structure of the same name;
• The competitive management procedure is carried out under the control of the competitive administrator.

Arbitration Manager Approval

The arbitration financial manager, or rather the question of his participation in a particular bankruptcy process, is approved in a judicial act. This regulatory document indicates the necessary information for identification, namely: name, patronymic, tax number, registration number, etc. The last element of the statements can be found if you use the register of arbitration managers. Such a database stores information about the professional activities of the manager. Using his registration number, you can see a list of insolvency proceedings in which he participates. Thus, the register of arbitration managers is a rather useful way to obtain statements about the person who will carry out entrepreneurial supervision, even before direct contact with him. It is also necessary to indicate the postal address of this specialist in a judicial act in order to communicate in the future and inform him of all changes in the bankruptcy case.

It should be remembered that the remuneration of the arbitration manager is based on the goals achieved and the tasks performed, for the implementation of which he is directly hired.

The specifics of legal status

It should be noted that the public law status of arbitration managers allows the legislator to make special demands on them. Because through this institution, financial restructuring is carried out, and in some cases the complete liquidation of legal entities and individuals as a result of bankruptcy. Thus, the arbitration manager must perform its functions properly, otherwise negative legal sanctions may follow, despite the fact that these entities are self-regulatory entities. The arbitration managers of the legal status is substantially supplemented by a number of requirements that are put forward to people who want to become such specialists. It follows that the following requirements are imposed on them:

• citizenship of the Russian Federation;
• Membership in self-regulatory organizations of arbitration managers;
• higher education;
• length of service, as well as internships for positions called "Assistant Arbitration Manager";
• exam;
• lack of disciplinary sanctions and facts of administrative offenses;
• lack of criminal record;
• availability of a compulsory insurance contract.

Existing requirements allow you to control the activities of arbitration managers, thereby eliminating the arbitrariness of this activity. It should also be noted that during the implementation of their work, these persons enjoy the rights and obligations that are given by their legal status. Violation of the legal regime presented may cause the liability of the arbitration manager.

In judicial acts, the arbitration manager is obliged to indicate in addition to the basic data (surname, name, patronymic) also special (zip code, registration number, contact details). This feature comes from the fact that he is primarily a participant in the arbitration trial, and only then a specialist. Thus, other subjects of the process should be able to communicate with him to resolve issues arising from the subject of the case.

Of great importance is the point where the assistant arbitration manager is mentioned. The fact of the internship is mandatory, since it is on it that a person learns all the intricacies of the craft presented in the article. The main feature is that the assistant arbitration manager perceives future work directly, through personal trial and error. This method is really effective, because many points are incomprehensible to novice workers, since in the textbooks they are either not described or not mentioned at all.

Features of attracting managers in the bankruptcy proceedings

It should be noted that at the stage of bankruptcy proceedings the arbitration manager is also involved, as was already mentioned earlier in the article. According to the law, a bankruptcy creditor is an applicant in a bankruptcy case. Therefore, he has the right to put forward additional requirements for arbitration managers, for example:

• the presence of not just a higher legal or economic education, but skills in a certain special field;
• seniority in senior management positions;
• experience in conducting bankruptcy proceedings as an arbitration manager.

All the requirements presented are due to the risks and complexity of the debtor insolvency process. Indeed, in most cases, the administrator is subject to the authority of the head of the person of the debtor.

So, in the article we examined the features of the arbitration process and its specific subject - the arbitration manager. This institution is still in need of refinement, because in Western countries it not only acts, but also achieves its goals in most cases. Therefore, it is necessary to constantly analyze legislation in this area, as well as develop scientific theories and concepts.