Civil, administrative, criminal and arbitration proceedings act as an instrument for protecting and restoring the violated interests and rights of citizens and organizations. Proceedings are carried out only by certain authorities. Let us further consider what constitutes arbitration proceedings in the Russian Federation.
General information
Arbitration proceedings protect the interests and rights of subjects in economic disputes. Cases of this category are subordinate to specific authorities. Economic disputes are settled exclusively by arbitration courts. The consideration of other cases falls within the competence of the authorities of general jurisdiction. The principles of arbitration proceedings are enshrined in legislative acts. First of all, the provisions are fixed in the Constitution. In accordance with it, the Federal Law on the Judicial System and the Court of Arbitration have been adopted. In addition, the rules for filing claims, considering cases and other rules relating to proceedings are established in the agro-industrial complex.
Tasks of arbitration proceedings
First of all, as it was said above, the authorized bodies protect the violated interests and rights of entities conducting entrepreneurial and other economic activities, including the Russian Federation, federal, regional, local authorities, other structures and officials in this field. Arbitration proceedings are aimed at ensuring the availability of proceedings on emerging disputes. When considering cases, authorized bodies contribute to the formation of ethics and customs of business turnover, the establishment and development of partnerships between entities. In carrying out their functions, these bodies implement the key principles of arbitration proceedings. In particular, the authorities form a respectful attitude to legislative requirements, create conditions for interested parties to comply with regulatory requirements. In this case, the bodies themselves in the course of the proceedings and the adoption of decisions are guided by the Constitution and other legal provisions. The activities of the authorities, among other things, are aimed at preventing violations in the field of entrepreneurship.
Jurisdiction
It is determined by the Code of Arbitration. Only those disputes that are expressly specified in the law are competent authorities. The jurisdiction of the courts is of a special nature. The authorities consider disputes that arise from administrative and other public relations, economic conflicts and other matters relating to business and other economic activities.
Categories of affairs
Arbitration proceedings shall be appointed when challenging legal acts in the areas of:
- Currency control and regulation.
- Taxation.
- Customs regulation.
- Patent Rights.
- Export control.
- Rights on the topology of integrated circuits, selection achievements, production secrets, means of individualization of work, products, services, legal entities, the use of intellectual work products.
- Antitrust regulation.
- The use of energy from nuclear plants.
- Natural monopolies.
- Evaluation, audit, insurance, banking.
- State regulation of tariffs, including utilities.
- Power industry.
- Market of financial instruments.
- The formation and functioning of commercial companies and their management.
- Countering the laundering (legalization) of illegal profits and the financing of terrorist activities.
- Placing orders for the performance of work, the provision of services, the supply of products for state / municipal needs.
- Insolvency (bankruptcy).
- Lotteries.
- Advertisements.
- Creation, termination (liquidation) of investment funds and regulation of their activities.
- In other areas provided for in laws.
Arbitration courts hear cases challenging laws and regulations, decisions, inaction / actions of state bodies, local authorities, other institutions with separate powers, officials affecting the interests of the applicant in the field of entrepreneurship and other economic activities. The jurisdiction of the authorities include some administrative offenses. As part of the arbitration proceedings, claims for the collection of sanctions and payments from citizens and organizations conducting entrepreneurial and other economic activities are permitted, unless otherwise provided by law.
Additional categories
The legislation provides for special arbitration proceedings for cases of establishing facts that have legal significance for changing, arising or terminating the rights of citizens and legal entities in the field of entrepreneurship and other economic activities. In addition, in addition, the jurisdiction of the review of applications:
- On contesting decisions made by arbitration bodies in disputes arising in connection with the implementation of commercial or other economic activities.
- On issuing IL for the enforcement of decisions adopted by the above authorities.
Special jurisdiction
The arbitration procedure is provided for:
- About bankruptcy.
- On the refusal of state registration, evasion of registration of individual entrepreneurs and commercial enterprises.
- On the activities of depositories.
- On protecting the reputation of a legal entity in the field of entrepreneurship.
- On the activities of state corporations, their legal status, the procedure for their management, education, reorganization and liquidation.
Filing a lawsuit
The trial may be initiated on the basis of a statement with the relevant requirements. To accept a claim, it must be drawn up in accordance with the rules established in the agro-industrial complex. Currently, an application can also be sent using the Internet. The lawsuit must indicate:
- Name of the body authorized to dispute.
- The name of the plaintiff, his location - for organizations, full name and the address of residence (registration as an individual entrepreneur) - for citizens. Contact details are also indicated here: telephones, email addresses, fax number.
- Name of defendant, place of residence / location. The address is determined by the extract from the register. It must be attached to the lawsuit. The contact details of the respondent are also indicated.
- Circumstances of the dispute. It indicates the facts that prompted the plaintiff to file a lawsuit. This may be an unfulfilled defendant obligations, violation of rights. All circumstances cited in the claim must be documented.
- Requirements for the defendant with links to regulations.
- The price of the claim, if it is subject to assessment. It is defined as the sum of all claims - debt, forfeit, interest, loss. The cost of the claim does not include legal costs.
- Settlements justifying the amount claimed.
- Data on compliance with the claims (pre-trial) order. It can be provided both in the legislation, and in the agreement.
- Information on interim measures taken by the court prior to filing a lawsuit. The law provides for the possibility of interested persons to apply to the court with an appropriate petition. This right is fixed in Art. 99 agribusiness.
- List of attached documents. These include materials confirming the requirements, as well as a receipt for the payment of the duty.
Acceptance of claim
After the application is received, the court makes a determination. In case of violation of the requirements of the legislation on the content, form of claim, list of attached documentation, it remains without movement. The application is returned if:
- The dispute is beyond the jurisdiction of this instance.
- A petition was received from the plaintiff to return the application before a decision was made to accept it for consideration.
- The deficiencies that served as the basis for leaving the claim without motion within the established time period have not been eliminated.
If the application is accepted, the date and time of the hearing shall be appointed. Participants in arbitration proceedings receive relevant notifications.
Dispute resolution
At this stage of the arbitral proceedings, a protocol is maintained. It records the progress of each hearing, the commission of procedural actions outside the meeting. The protocol is usually a secretary or assistant. In the course of the proceedings, the parties are heard. The first is the plaintiff. He gives explanations, may submit petitions. After him appears the defendant. During this stage of the arbitral proceedings, the official authorized to consider the case, invites the parties to sign a settlement agreement. If the subjects do not agree, the study of the submitted materials begins. The parties then move on to debate. After their completion, the court is removed for decision.
Specificity
Features of arbitration proceedings are primarily associated with the establishment of procedural periods. They can be defined in two ways. In general cases, the time limits in arbitration proceedings are set in the agro-industrial complex. If a period is not set for certain actions, then it is determined directly by the authority that is considering the case. The terms established by the agro-industrial complex include:
- 5 days - to notify a person of the impossibility to present the required evidence.
- 2 months - to review the case and make a decision on it.
- 5 days - to send a determination to the parties to the dispute regarding the refusal to accept the claim.
- 3 days - to formulate a reasoned decision on especially complex cases in exceptional cases.
- 1 month - for the entry into force of the decision if the appeal is not filed.
The legislation provides for other procedural terms.
Consequences of missing a set period
They can be very serious for the plaintiff. So, for example, if there was a six-month skip period provided for by Art. 201 APC for the presentation of the writ of execution for execution, the applicant will not be able to receive the funds recovered in his favor. A number of articles of the agro-industrial complex directly establish the legal consequences. For example, under Art. 151 of the Code of Appeal, which is submitted to the decision of the arbitral tribunal at the end of the allotted period for this period, is not accepted for consideration. Accordingly, it must be returned to the applicant. A similar rule applies to a claim for review of a decision in connection with newly discovered circumstances. The return of the application in this case is carried out in accordance with the rules of Art. 193 agribusiness.
Period Recovery
It is allowed if the arbitral tribunal considers the reasons for the pass valid. For this, the person concerned submits the relevant application. It indicates the circumstances in connection with which the deadline was missed, evidence on which the person considers these reasons to be valid. Together with the application, the necessary procedural action is carried out. For example, a complaint is filed. This procedural action is performed in accordance with the rules established for it. In Art. 99 APC provides a procedure for issuing a decision on the restoration of the term and refusal to do so. In the latter case, the court order may be appealed. The appointed period is extended. This means that for the implementation of certain procedural actions a longer period may be established. Such a need arises when it is impossible to perform any action in a specified period. For example, one of the participants in the proceedings does not have time to provide documents, since he does not have them at the moment. The terms established by the court, and not the law, are subject to extension. The latter, if necessary, can be restored.
Conclusion
It should be noted that the proceedings in the arbitration court are accompanied by a number of difficulties. They are primarily associated with the process of proving their claims. As part of the arbitration proceedings, entities often have to provide a large amount of documentation.
First of all, it is necessary to confirm the grounds for the emergence of relations between the plaintiff and the defendant. In such cases, the evidence, as a rule, is agreements that stipulate the terms of cooperation. Participants in legal proceedings may petition for summoning witnesses, conducting legal due diligence of documents. The legislation also sets forth requirements for the content and form of the claim. The application must contain the mandatory details established for documents of this type. The claim must be signed by the subject filing it. The application also indicates the date of its execution. Claims in which there are no details or are partially present are not accepted for consideration. The number of applications must correspond to the number of participants in the proceedings.
If there are defects in the lawsuit, the court makes a decision on their elimination and sets a deadline for this. The decision is sent to the applicant along with the rest of the materials. If the shortcomings are not resolved within the specified period, the application will be deemed not to be submitted.