The structure of the arbitration courts of the Russian Federation scheme. Arbitration courts of the Russian Federation. Specialized Arbitration Courts

The organizational and structural system of arbitration courts is built on four levels.

1) The first level is arbitration courts of the subjects of the Russian Federation. Among them are arbitration courts of republics, territories, regions, federal cities, autonomous regions, autonomous districts. In the territories of several constituent entities of the Russian Federation, judicial power may be exercised by one arbitration court. Judicial power in the territory of one subject of the Russian Federation may be exercised by several arbitration courts. According to Article 36 of the Federal Constitutional Law "On Arbitration Courts in the Russian Federation", an arbitration court of a constituent entity of the Russian Federation:

Considers in the first instance all cases under the jurisdiction of arbitration courts in the Russian Federation, with the exception of cases referred to the competence of the Supreme Arbitration Court of the Russian Federation;

Revises, due to newly discovered circumstances, the judicial acts adopted by him and entered into legal force;

Applies to the Constitutional Court of the Russian Federation with a request to verify the constitutionality of the law applied or to be applied in the case considered by it in any instance;

Studies and summarizes judicial practice;

Prepares proposals for improving laws and other regulatory legal acts;

Analyzes judicial statistics.

The total number of arbitration courts of the first level is 81.

2. The second level is formed arbitration courts of appeal. Arbitration courts of appeal are courts for checking in the appellate instance the legality and validity of judicial acts of arbitration courts of the constituent entities of the Russian Federation adopted by them in the first instance. The powers, procedure for the formation and operation of arbitration courts of appeal are determined by Art. 33.1 of the Federal Constitutional Law "On Arbitration Courts in the Russian Federation". There are 20 arbitration courts of appeal in the Russian Federation.

1. The third level is formed by 10 federal arbitration courts of districts, each of which operates as a cassation instance in relation to a group of arbitration courts that make up one judicial district. Their composition is defined in Art. 24 of the Federal Constitutional Law "On Arbitration Courts in the Russian Federation". In the Russian Federation there are: FAS of the Volga-Vyatka District, FAS of the East Siberian District, FAS of the Far Eastern District, FAS of the West Siberian District, FAS of the Moscow District, FAS of the Volga District, FAS of the North-Western District, FAS of the North Caucasus District, FAS of the Ural District , Federal Antimonopoly Service of the Central District. In the cassation instance, the decisions of arbitration courts are checked from the standpoint of the correct application of the norms of substantive and procedural law. For example, the Federal Arbitration Court of the Moscow District checks the decisions that have entered into legal force, issued by the Arbitration Court of the City of Moscow and the Arbitration Court of the Moscow Region.

2. The fourth level represents Supreme Arbitration Court of the Russian Federation. In accordance with Article 127 of the Constitution of the Russian Federation, the Supreme Arbitration Court of the Russian Federation is the highest judicial body for resolving economic disputes and other cases considered by arbitration courts, exercises judicial supervision over their activities and provides clarifications on issues of judicial practice. It is part of the unified judicial system of the country along with the Constitutional Court of the Russian Federation and courts of general jurisdiction headed by the Supreme Court of the Russian Federation.

The Arbitration Court of the Russian Federation performs a number of powers:

1) considers, by way of supervision, cases on verification of judicial acts of arbitration courts that have entered into legal force in the Russian Federation;

2) reconsider, due to newly discovered circumstances, judicial acts adopted by him and which have entered into legal force;

3) applies to the Constitutional Court of the Russian Federation with a request to verify the constitutionality of the laws, other normative acts and agreements specified in the Constitution of the Russian Federation;

4) applies to the Constitutional Court of the Russian Federation with a request to verify the constitutionality of the law applied or to be applied in the case considered by him in any instance;

5) study and generalize the practice of application by arbitration courts of laws and other normative legal acts regulating relations in the field of entrepreneurial and other economic activities, provide explanations on issues of judicial practice;

6) develops proposals for improving laws and other regulatory legal acts regulating relations in the field of entrepreneurial and other economic activities;

7) keeps court statistics and organizes work on its maintenance in arbitration courts;

8) takes measures to create conditions for the judicial activities of arbitration courts, including their personnel, organizational, logistical and other types of support;

9) decide within its competence issues arising from international treaties of the Russian Federation;

10) decides on the formation of permanent judicial presences of arbitration courts;

11) has the right of legislative initiative on issues within its jurisdiction;

12) on matters relating to the internal activities of arbitration courts and relations between them, adopts regulations binding on arbitration courts in the Russian Federation.

The Supreme Arbitration Court of the Russian Federation operates as part of:

- Plenum of the Supreme Arbitration Court of the Russian Federation;

Presidium of the Supreme Arbitration Court of the Russian Federation;

the Judicial Collegium for the consideration of disputes arising from civil and other legal relations;

Judicial Collegium for the consideration of disputes arising from administrative legal relations.

The Plenum decides on issues of coming up with a legislative initiative, on applying to the Constitutional Court of the Russian Federation with requests to verify the constitutionality of laws, regulatory legal acts and treaties, and approves the rules of arbitration courts.

The Presidium of the Supreme Arbitration Court of the Russian Federation considers, by way of supervision, cases on verification of judicial acts of arbitration courts that have entered into legal force, and also considers certain issues of judicial practice and informs arbitration courts in the Russian Federation about the results of the consideration. His work is the most noticeable for us, since it is the Presidium of the Supreme Arbitration Court, on the basis of the analysis of judicial practice, that issues the Resolutions of the Presidium of the Supreme Arbitration Court that are read by most lawyers. They are mandatory for use by all courts of the Russian Federation and allow us to navigate the complex labyrinth of tasks for the application of legal norms.

Judicial boards of the Supreme Arbitration Court of the Russian Federation consider cases in the first instance, study and summarize judicial practice, develop proposals for improving laws and regulations, and exercise other powers in accordance with the regulations.

The Supreme Arbitration Court of the Russian Federation operates the Council of Arbitration Court Chairmen, which is an advisory body that considers issues of organizational, personnel and financial activities. To prepare evidence-based recommendations on issues related to formulating the practice of implementing laws and other regulations and developing proposals for their improvement, the Scientific Advisory Council operates at the Supreme Arbitration Court of the Russian Federation. It consists of sections: procedural law, administrative law, civil law and private international law.

The structure of arbitration courts at various levels is determined depending on the functions they perform and the amount of work.

The federal arbitration courts of the districts act as part of the presidium of the federal arbitration court of the district, the judicial chamber for the consideration of disputes arising from civil and other legal relations, the judicial chamber for the consideration of disputes arising from administrative legal relations. Some courts have created tax boards. The presidiums of federal arbitration courts of districts and arbitration courts of constituent entities of the Russian Federation, on the proposal of their chairmen, approve members of the judicial panels and chairmen of the judicial panels of the corresponding court, consider other issues of organizing the work of the court and issues of judicial practice

In accordance with Article 45 of the Federal Law No. 1-FKZ of April 28, 1995 "On Arbitration Courts in the Russian Federation", the activities of the arbitration court are ensured by the apparatus of the arbitration court, headed by the head of the apparatus - the administrator of the relevant arbitration court.

The administrator of an arbitration court directs the apparatus of an arbitration court, organizes its work to ensure the passage of cases in an arbitration court, to apply for the execution of judicial acts of arbitration courts, and also performs other functions to ensure the activities of an arbitration court, determined by the Chairman of the Supreme Arbitration Court of the Russian Federation.

The apparatus of the arbitration court carries out a fairly large amount of work and is engaged in the following activities:

1) organizes preliminary pre-trial reception of persons participating in the case;

2) accepts and issues documents, certifies copies of documents of the arbitration court, distributes and delivers documents, checks the payment of the state fee, court costs payable to the deposit account of the arbitration court, as well as arbitration fines;

3) assist judges in preparing cases for consideration in court sessions;

4) keeps a record of the progress of cases and the timing of their passage in the arbitration court, stores cases and documents;

5) study and generalize judicial practice;

6) prepares proposals for improving laws and other regulatory legal acts, conducts information and reference work;

7) keep statistical records in the field of activity of the arbitration court;

8) provides material and technical support for the arbitration court, social services for judges and employees of the apparatus of the arbitration court.

Employees of the apparatus of the arbitration court are in the federal public service.

Organizational support for the activities of arbitration courts in the Russian Federation is carried out by the Supreme Arbitration Court of the Russian Federation.

The Supreme Arbitration Court of the Russian Federation selects and trains candidates for judges, organizes work to improve the skills of judges and employees of arbitration courts, finances arbitration courts, and ensures control over the spending of financial resources allocated to arbitration courts.

Federal executive authorities and executive authorities of the constituent entities of the Russian Federation, in accordance with Article 44 of the Federal Law of April 28, 1995 N 1-FKZ "On Arbitration Courts in the Russian Federation", are obliged to assist the Supreme Arbitration Court of the Russian Federation in organizational support for the activities of arbitration courts in the Russian Federation.

Material and technical supply and office space for arbitration courts in the Russian Federation, as well as medical, housing and social services for judges and employees of the apparatus of arbitration courts, are carried out by the relevant executive authority at the location of the arbitration court at the expense of the federal budget.

According to Article 3 of the Federal Constitutional Law “On Arbitration Courts in the Russian Federation”, the system of arbitration courts in the Russian Federation consists of:

- Supreme Arbitration Court of the Russian Federation;

- federal arbitration courts of districts (arbitration courts of cassation);

- arbitration courts of appeal;

Arbitration courts of first instance in the republics, territories, regions, cities of federal significance, autonomous regions, autonomous districts ( arbitration courts of the constituent entities of the Russian Federation).

1) Arbitration courts of the constituent entities of the Russian Federation. The first lowest link in the system of arbitration courts is the arbitration courts of first instance in the republics, territories, regions, cities of federal significance, autonomous regions, and autonomous districts. The federal constitutional law "On Arbitration Courts in the Russian Federation" refers to them as arbitration courts of the constituent entities of the Russian Federation.

Arbitration courts of constituent entities of the Russian Federation are created and operate according to the territorial principle - in one constituent entity of the Russian Federation there is one arbitration court. Nevertheless, the Federal Constitutional Law “On Arbitration Courts in the Russian Federation” allows that in the territories of several constituent entities of the Russian Federation, one arbitration court can exercise judicial power and, conversely, several arbitration courts may operate in the territory of one constituent entity.

Arbitration courts of the constituent entities of the Russian Federation consider at first instance all arbitration cases subordinate to arbitration courts (except for cases within the jurisdiction of the Supreme Arbitration Court of the Russian Federation), and also review, due to newly discovered circumstances, judicial acts adopted by them and which have come into legal force.

The arbitration court of a constituent entity of the Russian Federation has a presidium and judicial chambers can be formed to consider disputes arising from civil and other legal relations, and to consider disputes arising from administrative legal relations. By decision of the Plenum of the Supreme Arbitration Court of the Russian Federation, other judicial chambers may be formed in the composition of the arbitration court of a constituent entity of the Russian Federation to consider certain categories of cases, as well as permanent judicial presences located outside the place of permanent residence of the arbitration court of a constituent entity of the Russian Federation.

The activity of the arbitration court is ensured by its staff, headed by the head of the staff - the administrator of the relevant arbitration court.

The composition of the apparatus of the arbitration court includes:

Record keeping department (court office), whose subdivisions are the expedition (specialists who receive correspondence from post offices, from citizens, organizations and send outgoing correspondence) and the registration group (specialists who receive documents from the expedition and register them in the database of the automated information system);

The archive of the court and the head of the archive, who is called the archivist;

Specialists of the judicial composition - court employees who perform the duties of conducting office work in judicial panels, compositions, as well as with specific judges;

Assistant judges, who are responsible for assisting the judge in the preparation and organization of the trial;

Clerks of court sessions, whose main duty is to keep minutes of court sessions.

In appellate arbitration courts and federal arbitration courts of districts, the composition of the apparatus is similar to that described above.

2) Arbitration Courts of Appeal. Arbitration courts of appeal are courts for checking in the appellate instance the legality and validity of judicial acts of arbitration courts of the constituent entities of the Russian Federation adopted by them in the first instance. In addition, they review the newly discovered circumstances adopted by them and entered into force judicial acts.

According to Article 33.1 of the Federal Constitutional Law “On Arbitration Courts in the Russian Federation”, 20 such courts must operate on the territory of Russia, 2 for each judicial district.

The Arbitration Court of Appeal acts as part of the Presidium of the Arbitration Court of Appeal; the Judicial Collegium for the consideration of disputes arising from civil and other legal relations; Judicial Collegium for the consideration of disputes arising from administrative legal relations. As part of the arbitration court of appeal, by decision of the Plenum of the Supreme Arbitration Court of the Russian Federation, other judicial chambers may be formed to consider certain categories of cases, as well as permanent judicial presences located outside the place of permanent residence of the arbitration court of appeal.

Federal District Courts of Arbitration. The third link in the system of arbitration courts is the federal arbitration courts of districts. There are 10 such courts in the Russian Federation.

The federal arbitration courts of the districts check in the cassation instance the legality of judicial acts in cases considered by the arbitration courts of the constituent entities of the Russian Federation and arbitration courts of appeal, and also review, in the light of newly discovered circumstances, the judicial acts adopted by them and which have entered into force.

The Federal Arbitration Court of the District operates as part of the Presidium, the Judicial Collegium for Considering Disputes Arising from Civil and Other Legal Relations and the Judicial Collegium for Considering Disputes Arising from Administrative Legal Relations. By decision of the Plenum of the Supreme Arbitration Court of the Russian Federation, other judicial chambers may be created as part of the federal arbitration court of the district to consider certain categories of cases.

Subject: Arbitration courts

INTRODUCTION………………………………………………………………………….. 3

1. The system and structure of arbitration courts in the Russian Federation………………………………4

2. Tasks and powers of arbitration courts of the Russian Federation………………...…………...9

Conclusion……………………………………………………………………...12

Bibliography…………………………………………………………………...13

INTRODUCTION

The choice of the topic "Arbitration Courts in the Russian Federation" was due to its relevance. In accordance with Art. 118 of the Constitution of Russia, justice in the Russian Federation is carried out only by the court.

For a long time, arbitration courts were considered as specialized within the framework of the system of bodies of civil jurisdiction. After the recent reform of the arbitration process, the adoption in 2002 of the new Arbitration Procedure Code of the Russian Federation (hereinafter referred to as the Arbitration Procedure Code of the Russian Federation) and a significant expansion of jurisdiction, it can be said quite definitely that arbitration courts are courts of general competence in economic disputes.

The Constitution of the Russian Federation of 1993 in Art. 128 it is determined that the highest judicial body for resolving economic disputes in our country is the Supreme Arbitration Court of the Russian Federation. In 1995, the Federal Constitutional Law "On Arbitration Courts in the Russian Federation" was adopted. He secured the structure of the system of arbitration courts, which were supposed to protect the rights and legitimate interests of citizens and organizations in the field of entrepreneurial and other economic activities.

IN job task includes consideration of such issues as the system and structure of arbitration courts in the Russian Federation, as well as the tasks and powers of arbitration courts in the Russian Federation.

Goal of the work consist in the study of the judicial bodies that make up the system of arbitration courts.

The following were used in the work: a textbook on the arbitration process by the author V.V. Yarkov, Comments on the APC of the Russian Federation by such authors as A.A. Vlasov, V.V. Yarkov, Commentary on the Federal Law “On Arbitration Courts in the Russian Federation” by author I.M. Khuzhokov, which reveals the provisions on the powers and activities of arbitration courts. The sources of periodicals were also used in the work.

1. The system and structure of arbitration courts of the Russian Federation

Arbitration courts are a special kind of judicial bodies exercising judicial power by resolving economic disputes and other cases within their jurisdiction. Arbitration courts have their own jurisdiction, the procedure for judicial proceedings in them has specifics established by the Arbitration Procedure Code of the Russian Federation.

The Arbitration Court is one of the links of the judiciary in the Russian Federation. In accordance with Art. 1 of the Law on the Judicial System, the judiciary is independent and operates independently of the legislative and executive powers.

The system of arbitration courts is an internal structure, an organization of judicial authorities endowed with the competence to consider economic disputes. The system of arbitration courts of the Russian Federation involves the division of competence between all arbitration courts of the Russian Federation, as well as certain relations between these courts, their relationship and the procedure for interaction. Any such interaction must take place on the basis of the law.

The system of arbitration courts is four-level and includes four types of arbitration courts, which are independent instances in the arbitration process:

Federal arbitration courts of districts (arbitration courts of cassation);

Arbitration Courts of Appeal;

Arbitration courts of first instance in the republics, territories, regions, federal cities, autonomous regions, autonomous districts.

The system of arbitration courts is built in such a way that in the territories of several constituent entities of the Russian Federation, judicial power can be exercised by one arbitration court. At the same time, the judicial power in the territory of one subject of the Russian Federation can be exercised by several arbitration courts, although, as a rule, only one arbitration court operates in one subject of the Russian Federation.

Supreme Arbitration Court of the Russian Federation is the highest judicial body for resolving economic disputes and other cases considered by arbitration courts, exercises judicial supervision over their activities in the procedural forms provided for by federal law and provides clarifications on issues of judicial practice;

The structure of the Supreme Arbitration Court of the Russian Federation includes the Plenum of the Supreme Arbitration Court of the Russian Federation, acting as part of the Chairman of the Supreme Arbitration Court of the Russian Federation, deputies of the Chairman and judges of the Supreme Arbitration Court of the Russian Federation, and the Presidium of the Supreme Arbitration Court of the Russian Federation. The Supreme Arbitration Court of the Russian Federation creates judicial boards from among the judges of the Supreme Arbitration Court of the Russian Federation, which are approved by the Plenum of the Supreme Arbitration Court of the Russian Federation on the proposal of the Chairman of the Supreme Arbitration Court of the Russian Federation.

Thus, the Supreme Arbitration Court of the Russian Federation:

Considers, as a court of first instance, certain categories of cases (cases challenging normative legal acts of the President of the Russian Federation, the Government of the Russian Federation, federal executive bodies affecting the rights and legitimate interests of the applicant in the field of entrepreneurial and other economic activities, cases of challenging non-normative legal acts of the President of the Russian Federation, chambers of the Federal Assembly of the Russian Federation, the Government of the Russian Federation, which do not comply with the law and affect the rights and legitimate interests of the applicant in the field of entrepreneurial and other economic activities, economic disputes between the Russian Federation and the constituent entities of the Russian Federation, as well as between the constituent entities of the Russian Federation);

Revises judicial acts of arbitration courts of the Russian Federation in the exercise of supervision, if other available opportunities for verifying the legality of these acts in court (Chapter 36 of the Arbitration Procedure Code of the Russian Federation) have been exhausted.

Federal Circuit Courts of Arbitration are the courts for checking in the cassation instance the legality of the decisions of the arbitration courts of the constituent entities of the Russian Federation, adopted by them in the first and appeal instances. In addition, the federal arbitration court of the district also considers cases on newly discovered circumstances. In total, 10 federal arbitration courts of districts have been formed, extending their action to a certain number of subjects of the Russian Federation. The federal arbitration courts of the districts include the federal arbitration courts of the Volga-Vyatka District, the East Siberian District, the Far East District, the West Siberian District, the Moscow District, the Volga District, the North-Western District, the North Caucasus District, the Ural District, the Central District. Each of the federal arbitration courts of the districts operates as part of the presidium and two boards - to consider disputes from civil and other legal relations and arising from administrative legal relations.

The Federal Arbitration Court of the District: checks in the cassation instance the legality of judicial acts in cases considered by arbitration courts of the constituent entities of the Russian Federation and arbitration courts of appeal; revise, due to newly discovered circumstances, the judicial acts adopted by him and which have entered into legal force; applies to the Constitutional Court of the Russian Federation with a request to verify the constitutionality of the law applied or to be applied in the case considered by it; studies and generalizes judicial practice; prepares proposals for improving laws and other regulatory legal acts; analyzes judicial statistics.

Proceedings before the court of appeal- this is an integral part of the arbitration process, which faces tasks common to all legal proceedings in an arbitration court (Article 5 of the Arbitration Procedure Code of the Russian Federation). At the same time, the proceedings in the appellate instance are an independent stage of the process, which also has its own specific goals. To a certain extent, they predetermine the features of the consideration of cases, the powers of the appellate instance, the grounds for canceling the decisions of the court of first instance, and the content of the rulings issued.

At the stage of appeal against decisions, most of the principles of arbitration proceedings are fully in force: the principles of the administration of justice only by an arbitration court, the independence of judges and their subordination only to the law, legality, etc.

Arbitration courts of appeal are courts for checking in the appellate instance the legality and validity of judicial acts of arbitration courts of the constituent entities of the Russian Federation adopted by them in the first instance.

In the Russian Federation, there are currently 20 Arbitration Courts of Appeal in operation.

The Arbitration Court of Appeal operates as part of: the Presidium of the Arbitration Court of Appeal; the Judicial Collegium for Considering Disputes Arising from Civil and Other Legal Relations and the Judicial Collegium for Considering Disputes Arising from Administrative Legal Relations.

The Arbitration Court of Appeal: checks in the appellate instance the legality and validity of judicial acts that have not entered into force in cases considered by the arbitration courts of the constituent entities of the Russian Federation in the first instance, re-examining the case; revise, due to newly discovered circumstances, the judicial acts adopted by him and which have entered into legal force; applies to the Constitutional Court of the Russian Federation with a request to verify the constitutionality of the law applied or to be applied in the case considered by him in the appellate instance; studies and generalizes judicial practice; prepares proposals for improving laws and other regulatory legal acts; analyzes judicial statistics.

In the subjects of the Russian Federation there are arbitration courts of republics, territories, regions, federal cities, autonomous regions, autonomous districts. At the same time, in the territories of several constituent entities of the Russian Federation, judicial power may be exercised by one arbitration court, as well as judicial power in the territory of one constituent entity of the Russian Federation may be exercised by several arbitration courts.

Arbitration courts of the constituent entities of the Russian Federation are the first instance in relation to the vast majority of cases referred to the competence of arbitration courts, with the exception of cases when these cases are under the jurisdiction of the Supreme Arbitration Court of the Russian Federation by virtue of a special indication of the Law (such a rule is contained in part 2 of article 34 of the Arbitration Procedure Code of the Russian Federation). This means that only the Supreme Arbitration Court of the Russian Federation and the arbitration courts of the constituent entities of the Russian Federation are able to act as courts of first instance, while arbitration courts of appeal and arbitration courts of cassation, as follows from their names, cannot act as first instance. At the same time, the arbitration courts of the constituent entities of the Russian Federation are authorized in some cases to review the decisions of arbitration courts.

According to Art. 40 of the Law on Arbitration Courts in the arbitration court of a constituent entity of the Russian Federation, judicial chambers may be created.

Arbitration courts in the Russian Federation administer justice primarily in the field of entrepreneurial and other economic activities (that is, not directly related to entrepreneurship, for example, participation in joint-stock companies, art. 27-29 of the APC). Disputes in this area may arise:

a) both between individual entrepreneurs and between them and legal entities. Moreover, the latter include both commercial organizations (for example, JSC, LLC) and non-profit organizations (foundations, unions, associations, etc.);

b) between the Russian Federation and its subjects, as well as between the latter;

c) between the state (i.e. the Russian Federation, as well as its subjects), on the one hand, and individual entrepreneurs and (or) legal entities, on the other.

2. Tasks and powersarbitration courts of the Russian Federation

According to Article 2 of the Arbitration Procedure Code of the Russian Federation the tasks of legal proceedings in arbitration courts are:

1) protection of violated or disputed rights and legitimate interests of persons engaged in entrepreneurial and other economic activities, as well as the rights and legitimate interests of the Russian Federation, constituent entities of the Russian Federation, municipalities in the field of entrepreneurial and other economic activities, state authorities of the Russian Federation, state authorities of the constituent entities Russian Federation, local governments, other bodies, officials in this area.

When solving this problem, arbitration courts consider cases:

a) arising from administrative and other public legal relations;

b) on the establishment of facts of legal significance;

c) on the legality of the creation, reorganization, liquidation of legal entities;

d) arising in connection with the fulfillment of obligations to pay taxes and fees, etc.;

2) ensuring the accessibility of justice in the field of entrepreneurial and other economic activities.

Any entrepreneur is given the opportunity to defend their rights and interests in court. "Accessibility of justice" is achieved:

firstly, by the fact that in each subject of the Federation there are arbitration courts;

secondly, the opportunity to appeal court decisions in the appellate, cassation, and supervisory procedures;

thirdly, the low size of the state duty and benefits for its payment;

fourthly, publicity, orality, competitiveness, immediacy of legal proceedings in an arbitration court;

3) a fair public hearing within the statutory time limit by an independent and impartial tribunal. Judges are independent of other organs of the state. They are impartial and obey only the law. Their activities are widely covered in the media. The possibility of multiple appeals against judicial acts minimizes cases of unfair, biased decisions, helps to eliminate judicial errors and other shortcomings;

4) strengthening the rule of law and preventing offenses in the field of entrepreneurial and other economic activities. This is ensured by the correct application by arbitration courts of laws and other legal acts, as well as by the fact that arbitration courts have the right to issue partial rulings;

5) developing respect for the law and the courts. This is facilitated by the entire process of legal proceedings, ensuring the equality of the parties and other persons involved in the case, steadfast adherence to the letter and spirit of the law;

6) assistance in the formation and development of partnership business relations, the formation of customs and ethics of business turnover. The arbitration court forms an idea among entrepreneurs about proper behavior, about respect for the interests of partners, about acceptable and unacceptable actions in business relations, etc.

The tasks of legal proceedings in the arbitration process are determined by the goals of judicial activity, based on the Constitution of the Russian Federation, federal constitutional laws and international obligations of the state. Compared with the tasks of justice defined in Article 5 of the Federal Constitutional Law "On Arbitration Courts in the Russian Federation" and Article 2 of the APC of 1995, the range of tasks in this article has been significantly expanded. Ultimately, all tasks are aimed at ensuring judicial protection as the ultimate goal of justice and the result of the functioning of the judicial system. This logically follows from Article 18 of the Constitution of the Russian Federation, where justice is named as a condition that ensures the direct operation of the rights and freedoms of man and citizen.

Most of the tasks of legal proceedings are of a traditional nature, since they are somehow reflected in the arbitration procedural legislation. The second and third tasks, as they follow from the international obligations of the Russian Federation. Emphasis on them began to be made after the entry of the Russian Federation into the Council of Europe. In accordance with paragraph 1 of Art. 6 of the European Convention on Human Rights "The right to a fair trial" everyone, in the event of a dispute over his civil rights and obligations or in the event of any criminal charge being brought against him, has the right to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law . Judgment is announced publicly, but the press and the public may be excluded from court hearings during all or part of the proceedings for reasons of morality, public order or national security, and also when required by the interests of minors or to protect the privacy of the parties, or - in to the extent that this, in the opinion of the court, is strictly necessary - in special circumstances where publicity would violate the interests of justice. Access to justice is also an integral element of the right to a fair trial.

All the tasks listed in Article 2 of the Arbitration Procedure Code of the Russian Federation are carried out by arbitration courts inherent in them, as well as other judicial authorities, in the ways and with the help of the powers specified in the arbitration procedural legislation. At the same time, the arbitration court of each level for the implementation of these tasks is endowed with its own inherent powers. Thus, the arbitration courts of the constituent entities of the Russian Federation resolve cases under their jurisdiction at the first and appellate instances, and the federal arbitration courts of the districts verify, in cassation, the legality of decisions and resolutions adopted by the arbitration courts of the constituent entities of the Russian Federation at the first and appellate instances. In addition, these arbitration courts exercise a number of other powers granted to them by law.

Conclusion

So, arbitration courts are judicial authorities in the field of entrepreneurial and other economic activities, considering cases under their jurisdiction in the manner of civil and administrative proceedings established by the Constitution of Russia, the APC of the Russian Federation and other federal laws.

The historical and systematic analysis of modern problems of arbitration proceedings shows not only their continuity, but also the continuous search for new procedural forms, the improvement of previously accumulated experience, convinces of the need to study scientific theories and practice of judicial institutions, does not allow one to relate to any modern legislative structure, nor to one modern arbitration procedural law as a dogma.

In the conditions prevailing today in society, the desire for a general Americanization of state institutions, including periodically heard calls for the abolition of the entire system of arbitration courts and the transfer of their powers to courts of general jurisdiction, it seems very important to constantly work to popularize in society the issues of the history of the development of economic courts. in Russia, the main ideas and principles of arbitration proceedings today.

The basis for the development of the system of arbitration courts is the Federal Target Program for the Development of the Judicial System of the Russian Federation for 2002-2006, which is aimed at strengthening the autonomy of the judiciary, its independence, independence, responsibility and regulatory framework. It is of a complex nature, and its main component is the solution of personnel issues, issues of logistics and information support.

Bibliography

1. Regulations

1.2. The Constitution of the Russian Federation of December 12, 1993 with article-by-article comments // under. Ed. Okunkova L.A. M., Beck, 2001.

1.3. Arbitration Procedure Code of the Russian Federation of July 24, 2002 No. 95-FZ // SPS Garant of May 5, 2003

1.4. Federal Constitutional Law of April 28, 1995 No. 1-FKZ "On Arbitration Courts in the Russian Federation". // SPS Garant dated January 8, 2007.

2. Special literature

2.5. Arbitration process: Textbook / Otv. ed. prof. V.V. Yarkov - 2nd building, reworked and additional - M.: Wolters Kluver, 2003.

2.6. Vlasov A.A. et al., Commentary on the Arbitration Procedure Code of the Russian Federation (item-by-article) / ed. G.A. Zhilina - "TK Velby", 2004.

2.7. Commentary on the Arbitration Procedure Code of the Russian Federation (item-by-article) / ed. prof. V.V. Yarkova - "BEK", 2003.

2.8. Matsyuk A. Legal aspects of consideration of cases in the arbitration court of appeal // Financial newspaper. Regional issue, 2000. No. 30.

2.9. Khuzhokova I.M. Commentary on the Federal Constitutional Law of April 28, 1995. N 1-FKZ "On Arbitration Courts in the Russian Federation". - LLC "New legal culture", 2006.

2.10. Yakovlev V. Arbitration courts: problems and ways to solve them//Russian justice. 2002. No. 5.

Arbitration proceedings protect the rights and legitimate interests of persons engaged in entrepreneurial and other economic activities, as well as the rights and legitimate interests of the Russian Federation, constituent entities of the Russian Federation, municipalities in the field of entrepreneurial and other economic activities, state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local self-government bodies, other bodies, officials in the specified area.

The system of arbitration courts in the Russian Federation consists of:

1) the Supreme Arbitration Court of the Russian Federation;

2) federal arbitration courts of districts (arbitration courts of cassation);

3) arbitration courts of appeal;

4) arbitration courts of first instance in the republics, territories, regions, cities of federal significance, autonomous regions, autonomous districts. Tasks of legal proceedings in arbitration courts:

1) ensuring the accessibility of justice in the field of entrepreneurial and other economic activities;

2) a fair public trial within the time limit established by law by an independent and impartial court;

3) strengthening the rule of law and preventing offenses in the field of entrepreneurial and other economic activities;

1) formation of a respectful attitude towards the law and the court;

5) assistance in the formation and development of partnership business relations, the formation of customs and ethics of business turnover.

6) assistance in strengthening the rule of law and preventing offenses in the field of entrepreneurial and other economic activities. The activities of arbitration courts in the Russian Federation are based on the principles of legality, independence of judges, equality of organizations and citizens before the law and the court, competitiveness and equality of the parties, publicity of the proceedings.

Arbitration courts in the Russian Federation administer justice by resolving economic disputes and considering other cases referred to their competence by the Constitution of the Russian Federation, the Federal Constitutional Law "On Arbitration Courts", the Arbitration Procedure Code of the Russian Federation and other federal laws adopted in accordance with them.

The jurisdiction of the arbitration court includes cases on economic disputes arising from civil, administrative and other legal relations. Economic disputes - all disputes within the jurisdiction of the arbitration court, including both disputes arising from civil legal relations, which are traditionally referred to as property, and management disputes arising from administrative legal relations.

Subordinate cases in the first instance of the arbitration court are considered by the judge alone or collectively. Collegial consideration of cases in the arbitration court of the first instance is carried out in the composition of 3 judges or a judge and 2 arbitration assessors.

Proceedings in arbitration courts are conducted in civil and administrative order.

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1. § 2 Notaries in the system of public administration
2. Chapter IV. RELATIONSHIP OF FEDERAL AND REGIONAL PRINCIPLES IN THE LEGISLATION SYSTEM OF THE RUSSIAN FEDERATION
3. § 1. The concept of administrative proceedings in the arbitration process 1. General characteristics
4. 16.3. Legal service at the enterprise: its role and functions
5. Chapter 19

Arbitration process

The system of arbitration courts of the Russian Federation.

The Supreme Arbitration Court of the Russian Federation completed its activities on August 5 this year. In connection with the judicial reform, the structure of the RF Armed Forces was changed, which became the only supreme judicial body for civil, criminal, administrative and other cases, as well as for resolving economic disputes. The functions of the Supreme Arbitration Court of the Russian Federation were transferred to the board on economic disputes of the Armed Forces of the Russian Federation, consisting of 30 judges.

In general, the system of arbitration courts has been preserved. The only difference is that it is now headed by the Armed Forces of the Russian Federation, while federal arbitration courts have been renamed arbitration courts of districts.

As part of the judicial reform, in accordance with the Constitution of the Russian Federation, the Federal Constitutional Laws "On the Judicial System of the Russian Federation" and "On Arbitration Courts in the Russian Federation", a unified judicial system has been created in the country.

Arbitration courts in the Russian Federation are federal courts and are part of the judicial system of the Russian Federation. Arbitration courts are specialized courts for resolving property, commercial disputes between enterprises.

They also consider the claims of entrepreneurs for the invalidation of acts of state bodies that violate their rights and legitimate interests. These are tax, land and other disputes arising from administrative, financial and other legal relations. Arbitration courts consider disputes involving foreign entrepreneurs.

The structure of arbitration courts at various levels is determined depending on the functions they perform and the amount of work.
According to Article 3 of the Federal Constitutional Law "On Arbitration Courts of the Russian Federation", the system of arbitration courts in the Russian Federation consists of:

o arbitration courts of districts (arbitration courts of cassation); - 3 inst

o arbitration courts of appeal; - 2 inst

o arbitration courts of first instance in the republics, territories, regions, cities of federal significance, autonomous regions, autonomous districts; - 1 inst

o specialized arbitration courts. – Court for Intellectual Property Rights, Moscow.

The organizational and structural system of arbitration courts is built on four levels.

Tasks of legal proceedings in arbitration courts.

The tasks of legal proceedings in arbitration courts are enshrined in the Arbitration Procedural

Code of 2002:

1) protection of violated or disputed rights and legitimate interests of persons engaged in entrepreneurial and other economic activities, as well as the rights and legitimate interests of the Russian Federation, constituent entities of the Russian Federation, municipalities in the field of entrepreneurial and other economic activities, state authorities of the Russian Federation, state authorities the authorities of the constituent entities of the Russian Federation, local governments, other bodies, officials in this area;

2) ensuring the accessibility of justice in the field of entrepreneurial and other economic activities;

3) a fair public trial within a reasonable time by an independent and impartial court;

4) strengthening the rule of law and preventing offenses in the field of entrepreneurial and other economic activities;

5) formation of a respectful attitude towards the law and the court;

6) assistance in the formation and development of partnership business relations, the formation of customs and ethics of business turnover.

Article 5

Main tasks arbitration courts in the Russian Federation, when considering disputes within their jurisdiction, are:

protection of violated or disputed rights and legitimate interests of enterprises, institutions, organizations (hereinafter referred to as organizations) and citizens in the field of entrepreneurial and other economic activities;

· Assistance in strengthening the rule of law and preventing offenses in the sphere of entrepreneurial and other economic activities.

The concept of arbitration procedural law, correlation with other branches of law.

Arbitration process there is a form of activity of arbitration courts in Russia established by the rules of arbitration procedural law, aimed at protecting the violated or contested rights and legitimate interests of enterprises, institutions, organizations and citizens in the field of entrepreneurial and other economic activities.

Arbitration process - a system of legal actions of the arbitration court and other interested parties, regulated by the rules of the AMS, that are developing between the arbitration court and other entities regarding the resolution of a case referred to the jurisdiction of arbitration courts. - lectures by Latynina O.A.

It is quite possible to represent arbitration process as determined by the rules

Arbitration procedural law is the stage-by-stage movement of a case on a dispute that has arisen in the process of economic and other business activities, arising from civil legal relations (economic disputes) or from public legal relations, including administrative ones.

Correlation of arbitration procedural law with other branches of Russian law.

Arbitration procedural law is interconnected with various branches of Russian law. Understanding the existence of such relationships helps to resolve issues of legal regulation and law enforcement. So, the connection between arbitration procedural and constitutional law is manifested in the fact that the basic principles of the organization and activities of the judiciary are established in Ch. 7 of the Constitution of the Russian Federation.

The closest genetic and functional relationships exist between arbitration procedural and civil procedure law. These two branches, which are part of a single family of procedural law (along with criminal procedural and constitutional procedural law), are united by the fact that they regulate the administration of justice in the sphere of civil circulation. Hence a number of general, so-called intersectoral principles of procedural branches of law. The main subjects in both arbitration and civil proceedings are the courts of various instances. Some institutions of the procedural branches of law, such as evidence, are intersectoral in nature.

The main feature that distinguishes criminal procedure from arbitration procedural law, one can consider a different subject of judicial activity (a criminal offense or a civil law dispute). Ignoring this difference, focusing on the general features of criminal, arbitration and civil procedural law serves as a theoretical justification for the concept of judicial law as a complex branch of justice (MS Strogovich, VM Savitsky).

Close links exist between civil procedural and arbitration procedural law due to the significant similarity of their basic principles and institutions. Each reform of the arbitration procedural legislation makes arbitration proceedings more and more similar to civil ones in terms of their functional characteristics, which is a quite positive trend.

Arbitration procedural law has the closest connection with civil (from branches of substantive law). This branch of law has a direct impact on the content of the rules of arbitration procedural law. Thus, arbitration procedural legal capacity and legal capacity are determined by legal and legal capacity in civil law. The requirements for the form of transactions that exist in civil law determine the content of the principle of admissibility of means of proof in arbitration procedural law. In turn, the threat of denial of judicial protection of civil rights that are not properly executed ensures their certification by participants in civil circulation in the manner prescribed by law. There are many other manifestations of the relationship between substantive and procedural law.

It should be noted that, due to the close relationship, knowledge of the arbitration process is impossible without a previous fundamental study of substantive law. In addition, a deep knowledge of civil procedural law as the historical basis of other procedural branches is also necessary. The arbitration process, arbitration proceedings, constitutional justice are built on the same principles as the civil process, having genetically adopted the basic principles and institutions from it.

Preparing the case for consideration.

Competitiveness principle

The principle of competitiveness is currently the constitutional principle of arbitration procedural law, fixed in Art. 123 of the Constitution of the Russian Federation, Art. 9, 65, 66 and others. APC RF.

This principle is a rule according to which persons interested in the outcome of the case have the right to defend their innocence in the dispute by:

1. submission of evidence,

2. participation in the study of evidence presented by other persons,

3. expressing one's opinion on all issues to be considered at the court session.

The essence of this principle is that the parties compete before the arbitral tribunal, convincing it with the help of various evidence that they are right in the dispute. The principle of competition reflects one of the objective laws of nature, society and knowledge - the law of unity and struggle of opposites. This is the very case when truth should be born in a dispute. Competitiveness implies the imposition of the burden of proof on the parties themselves and the removal, as a general rule, from the arbitration court of the obligation to collect evidence.

The principle of legal truth

The principle of legal truth in arbitration procedural law is expressed in the content Art. 65-66 and others. APK of the Russian Federation and is a rule according to which the arbitral tribunal resolves cases within its jurisdiction within the limits of the evidence provided by the parties.

Sometimes this principle is called the principle of formal truth, meaning that the arbitral tribunal should not seek to find out the true relationship of the parties.

The following requirements follow from the principle of legal truth:

· the arbitral tribunal examines the circumstances of the case within the limits of evidentiary information provided by the parties;

· the arbitral tribunal does not, as a general rule, collect evidence on its own initiative;

In some cases, the arbitration court has the right to demand evidence on its own initiative (part 5 of article 66 of the Arbitration Procedure Code of the Russian Federation);

· if a party refuses to present, at the request of the arbitration court, written or material evidence, the arbitration court has the right to resolve the case on the basis of the evidence available in the case.

The arbitral tribunal proceeds from the evidence collected by the parties themselves, without interfering in the process of proof.

ancestral jurisdiction

· Generic jurisdiction delimits cases between arbitration courts of different levels.

Cases under the jurisdiction of arbitration courts are considered (Article 34 of the Arbitration Procedure Code of the Russian Federation):

1. arbitration courts of the subjects of the Russian Federation - as a general rule, in the first instance, with the exception of cases referred to the jurisdiction of the Intellectual Property Court and the arbitration courts of the districts.

2. district arbitration courts- as a court of first instance, applications for awarding compensation for infringement:

the right to legal proceedings within a reasonable time;

The right to enforce a judicial act within a reasonable time.

· Intellectual Property Court as a court of first instance considers:

1. cases of contesting regulatory legal acts of federal executive authorities in the field of patent rights and rights to selection achievements, rights to topologies of integrated circuits, rights to production secrets (know-how), rights to means of individualization of legal entities, goods, works, services and enterprises, the right to use the results of intellectual activity as part of a single technology;

2. cases of challenging acts of federal executive authorities in the field of patent rights and rights to selection achievements, rights to topologies of integrated circuits, rights to production secrets (know-how), rights to means of individualization of legal entities, goods, works, services and enterprises , the right to use the results of intellectual activity as part of a single technology, containing explanations of the law and having regulatory properties;

3. cases on disputes on the provision or termination of legal protection of the results of intellectual activity and equivalent means of individualization of legal entities, goods, works, services and enterprises (with the exception of objects of copyright and related rights, topologies of integrated circuits).

Territorial jurisdiction

· Territorial jurisdiction delimits the competence of arbitration courts of one link, i.e. territorial, regional and equivalent arbitration courts of the constituent entities of the Russian Federation.

Territorial jurisdiction can be:

2. alternative;

3. exceptional;

4. in connection with cases;

5. negotiable.

General jurisdiction

· In accordance with the rules of general territorial jurisdiction, a claim is filed with the arbitration court of a constituent entity of the Russian Federation at the location or place of residence of the defendant (Article 35 of the Arbitration Procedure Code of the Russian Federation). According to paragraph 2 of Art. 54 of the Civil Code of the Russian Federation, the location of a legal entity is determined by the place of its state registration.

Alternative jurisdiction

10. The rules of alternative jurisdiction at the choice of the plaintiff are established by Art. 36 APC RF:

a claim against a defendant whose location or place of residence is unknown may be filed with an arbitration court at the location of his property or at his last known location or place of residence in the Russian Federation;

a claim against defendants located or residing in the territories of different constituent entities of the Russian Federation is filed with an arbitration court at the location or place of residence of one of the defendants;

· a claim against a defendant located or residing on the territory of a foreign state may be filed with an arbitration court at the location of the defendant's property on the territory of the Russian Federation;

· a claim arising from the contract, which indicates the place of its execution, may also be brought to the arbitration court at the place of execution of the contract;

· a claim against a legal entity arising from the activities of its branch, representative office, located outside the location of the legal entity, may be brought to the arbitration court at the location of the legal entity or its branch, representative office.

• Claims for compensation for damages caused by a collision of ships, recovery of remuneration for rendering assistance and rescue at sea may be filed with an arbitration court at the location of the defendant's ship or the port of registry of the defendant's ship, or at the place of infliction of losses.

exclusive jurisdiction

• Exclusive jurisdiction is characterized by the fact that the case should be considered only by an arbitration court strictly defined in the Arbitration Procedure Code of the Russian Federation (Article 38 of the Arbitration Procedure Code of the Russian Federation), for example:

· Claims for rights to immovable property are presented to the arbitration court at the location of this property;

· Claims for rights to sea and aircraft, inland navigation vessels, space objects are presented to the arbitration court at the place of their state registration;

a claim against a carrier arising from a contract for the carriage of goods, passengers and their luggage, including if the carrier is one of the defendants, is filed with an arbitration court at the location of the carrier;

· an application for declaring a debtor bankrupt is filed with the arbitration court at the location of the debtor, etc.

Jurisdiction by connection of cases

• Jurisdiction in relation to cases is characterized by the fact that, regardless of the territorial affiliation, the dispute is subject to arbitration in an arbitration court, where another case is considered, with which the dispute is connected.
• Thus, a counterclaim, regardless of its jurisdiction, is filed at the place of consideration of the original claim (part 10, article 38 of the Arbitration Procedure Code of the Russian Federation).
• Contractual jurisdiction
• In accordance with the rules of contractual jurisdiction (Article 37 of the Arbitration Procedure Code of the Russian Federation), the general territorial and alternative jurisdiction established in the Arbitration Procedure Code of the Russian Federation may be changed by agreement of the parties (prorogation agreements).

16. Subjects of arbitration procedural law.

The procedural activity of the subjects of the arbitration process takes place within the framework of the arbitration procedural relationship that arises in each case subordinate to the arbitration court.

The participants (subjects) of the arbitration process include:

1. arbitration courts as dispute resolution bodies;

2. persons participating in the case, protecting their own or others' rights and legitimate interests and having a legal interest in the outcome of the arbitration process;

3. representatives who provide the persons participating in the case with the possibility of their participation in the case and represent their interests in the arbitration court;

4. persons assisting the activities of the arbitral tribunal by virtue of their obligations to provide evidentiary information and in other cases (witnesses, experts, translators, etc.).

Persons involved in the case

According to Art. 40 of the Arbitration Procedure Code of the Russian Federation, the persons participating in the case are:

1. parties (plaintiff and defendant);

2. applicants and interested persons - in cases of special proceedings, insolvency (bankruptcy) cases and in other cases provided for by this Code;

3. third parties;

4. the prosecutor, state bodies, local self-government bodies, other bodies and organizations, citizens who applied to the arbitration court in the cases provided for by this Code.

In addition, those subjects who did not participate in the case, but whose rights and obligations were resolved by the arbitration court (Article 42 of the Arbitration Procedure Code of the Russian Federation) enjoy the rights and bear the obligations of the persons participating in the case.

Criteria for identifying persons participating in the case:

presence of legal interest in the outcome of the case;

the right to actively influence the progress of the case;

the opportunity to defend and argue their legal position.

The persons participating in the case are obliged to conscientiously use all the procedural rights belonging to them. Abuse of procedural rights can lead to adverse consequences in accordance with the Arbitration Procedure Code of the Russian Federation. For example, such a person may be required to pay all court costs, regardless of the outcome of the case (Article 111 of the Arbitration Procedure Code of the Russian Federation).

In addition, they are also entrusted with a number of other procedural duties in accordance with the APC of the Russian Federation, for example, obey the orders of the presiding judge, apply to the arbitration court and give their explanations while standing, etc.

The main participants in the arbitration process are the parties - the plaintiff and the defendant. In connection with a dispute between them, an arbitration process arises, and the arbitration court is faced with the task of resolving it. The parties have equal opportunities for the legal protection of their rights and legitimate interests.

The Commissioner under the President of the Russian Federation for the Protection of the Rights of Entrepreneurs, the Commissioners for the Protection of the Rights of Entrepreneurs in the constituent entities of the Russian Federation, who applied to the arbitration court, enjoy the procedural rights and bear the procedural obligations of the plaintiff. In addition, the Commissioner has the right to intervene on the side of the plaintiff or defendant as a third party who does not file independent claims (Article 53.1 of the Arbitration Procedure Code of the Russian Federation).

Third parties enter into an already initiated process and, depending on the nature of their interest, connections with the disputed material legal relationship and the parties, are divided into two types:

1. third parties making independent claims regarding the subject matter of the dispute,

2. third parties who do not declare independent claims regarding the subject of the dispute.

Applicants and interested persons in cases of special proceedings participate in the consideration of cases on the establishment of legal facts. A separate group includes participants in the arbitration process in an insolvency (bankruptcy) case, where, along with applicants, interested parties, other persons also participate.

The prosecutor, state bodies, local self-government bodies, other bodies and organizations, citizens have the right to file a claim with an arbitration court in defense of public interests. In addition, the prosecutor has the right to enter into arbitration proceedings in a number of categories of cases in order to ensure the rule of law. The participation of these subjects is characterized by the protection of not their own, but the interests of other persons, as well as the state and society at the same time.

Judicial evidence is the activity of the parties, other persons participating in the case, and the court, aimed at establishing the circumstances relevant to the case and substantiating conclusions about these circumstances.

The specifics of the evidence are as follows:

Ø - purpose of evidence is the establishment of facts and substantiation of conclusions about facts and other circumstances that are important for the correct consideration and resolution in civil proceedings;

Ø - proof is carried out in the procedural form established by law, i.e. the process of judicial proof is regulated by the rules of law;

Ø - judicial proof is carried out by means of judicial evidence.

In the legal literature, a common concept of the stages of proof is the following.

Subjects of proof are, first of all, the court, as well as the persons participating in the case, their representatives. Witnesses and experts, being participants in the process of proving, assist in achieving the goal of proving, without incurring the obligation to prove any circumstances in the case.

An object or the subject of proof is a set of circumstances of a substantive legal nature that substantiate the claims and objections of the persons participating in the case, as well as other circumstances that are important for the correct resolution of the case.

stages- these are certain sequential procedural actions of the subjects of proof, interconnected with the stages of the arbitration process.

Main stages:

Ø determination of the subject of proof in the case;

Ø collection of evidence (identification of evidence, their collection and presentation to the court

Ø examination of evidence in court;

Ø evaluation of evidence.

Subject of proof- a set of facts relevant to the case. Facts relevant to the case - These are legal facts that affect the emergence, change and termination of legal relations.

Do not require proof:

• facts recognized by the arbitration court as generally known;
• prejudicial facts;
• facts admitted by the parties.

General rule of the burden of proof states: "Each person participating in the case must prove the circumstances to which he refers as the basis of his claims and objections."

Meanwhile, the obligation to prove the circumstances that served as the basis for the adoption by state bodies, local self-government bodies, other bodies, officials of the contested acts, decisions, actions (inaction) is assigned to the relevant body or official.

In addition, the burden of proof may be distributed differently by law.

burden of proof consists in the fact that each person participating in the case must disclose the evidence to which he refers as the basis of his claims and objections to other persons participating in the case.

In this case, the evidence must be disclosed before the start of the trial. The consequence of violation of this rule is the impossibility to refer to the evidence with which other persons participating in the case were not familiarized in advance.

Expert opinion

In order to clarify the issues that arise during the consideration of the case and require special knowledge, the arbitration court, at the request of the person participating in the case, or with his consent, appoints an examination (part 1 of article 82 of the APC). Firstly, the persons participating in the case have the right (but are not obliged) to submit questions to the arbitration court, which should be clarified during the examination. At the same time, the final circle of questions for expert research is formed by the court.

The court has the right:

reasonably reject the questions proposed by the parties;

Without any explanation, make editorial clarifications that do not change the meaning of the questions of the persons involved in the case;

independently put questions to the expert (part 2 of article 82 of the APC).

Questions put to the expert should not be of a legal nature. Questions must correspond to the subject and nature of the examination, they must relate to the circumstances of the case that are important for its proper consideration and resolution.

Also, the rejection of the questions proposed by the persons participating in the case must be motivated. The arbitration court has the right to raise new questions, correct the questions proposed by the persons participating in the case.

Secondly, the persons participating in the case are endowed with a set of rights for further participation in the appointment of an examination.

They have the right:

✓ apply for the involvement of the persons indicated by them as experts or for the conduct of an examination in a specific expert institution;

✓ challenge an expert;

✓ petition for the introduction of additional questions to the expert in the ruling on the appointment of an examination;

✓ give explanations to the expert;

✓ get acquainted with the expert's opinion or a message about the impossibility of giving an opinion;

✓ apply for an additional or repeated examination (part 3 of article 82 of the APC).

Thirdly, on the appointment of an expert examination, the court issues definition(part 4 of article 82 of the APC). The definition can be made in the form separate act, and together with acts on the commission of other procedural actions (on the suspension of proceedings, etc.).

The decision on the appointment of an examination must contain certain details:

▪ grounds for the appointment of an examination;

▪ last name, first name and patronymic of the expert or the name of the expert institution where the expert examination is to be carried out;

▪ questions put to the expert; materials and documents placed at the disposal of the expert;

▪ the period during which an expert examination must be carried out and an opinion must be submitted to the arbitration court.

APK highlights in a separate article commission examination. This type of examination has existed for a long time in practice and is a common practice. The fundamental feature of the commission examination is that it is carried out by several (at least two) experts of the same specialty. It is these aspects that determine the essence of the commission examination: several experts, but they are all specialists in the same field. The main difference between a comprehensive examination is that specialists from different fields take part in it (part 1 of article 85 of the APC). The similarity with the commission examination is only that the examination is carried out by several (at least two) experts. The APC does not determine the procedure for appointing an additional and repeated examination, therefore, one should be guided by the general rules on the issuance of a ruling by an arbitration court on the appointment of an additional or repeated examination.

The expert opinion consists of introductory, motivational and final parts. In accordance with the law, the conclusion must contain a detailed description of the studies carried out, the conclusions drawn as a result of them and answers to the questions posed by the arbitration court. If the expert, during the examination, establishes circumstances that are relevant to the case, about which he was not asked questions, he has the right to include conclusions about these circumstances in his opinion (part 2 of article 86 of the APC).

If the expert is absent during the trial, then only his written opinion is subject to examination. If an expert is present in the courtroom, he may be asked questions as part of his research. The expert, if it is necessary to give an opinion, has the right to get acquainted with the materials of the case, participate in the meetings of the arbitration court, ask questions, ask the court to provide additional materials.

Article 116

1. The course of all unexpired procedural terms shall be suspended simultaneously with the suspension of proceedings on the case.

2. From the date of resumption of proceedings on the case, the course of procedural time limits continues.

1. Suspension of the course of procedural terms is possible if there are two circumstances in the aggregate:

The procedural period in the case has not expired,

The court ruled to suspend the proceedings.

If the court issued a ruling on the suspension of proceedings on the case after the expiration of the period for its consideration, then after the suspension

proceedings in the case time limits can not continue.

One of the consequences of the suspension of the proceedings is the suspension of the course of all unexpired procedural terms. If there are grounds listed in Art. Articles 143, 144 of the Arbitration Procedure Code of the Russian Federation, the arbitration court suspends the proceedings, about which it issues a ruling that can be appealed.

Elements of a claim

The elements of the claim are its internal structural parts.
It is generally recognized that there are two elements of a claim: the subject and grounds for the claim.

Under the lawsuit a certain requirement of the plaintiff to the defendant is understood, for example, to recognize the right of ownership, to compensate for losses, to protect honor, dignity and business reputation, to completely invalidate a legal act of a state body, etc.

As emphasized in clause 4, part 2, article 125 of the APC, the plaintiff must indicate his claim in the statement of claim.

The subject of the claim should not be confused with a certain material subject of the dispute, for example, a specific property, money, etc.

In relation to one material object, claims of a very different nature can be brought. For example, in connection with a material object - non-residential premises, claims may be brought to recognize the right of ownership to this property, to divide it, to eliminate violations of the owner's rights, etc.

Under grounds of action the actual circumstances from which the plaintiff's right to claim arise, on which the plaintiff bases them, are considered. Such an understanding of the basis of the claim is directly indicated by paragraph 5 of part 2 of article 125 of the APC. It should be emphasized that the plaintiff must indicate in the statement of claim only certain factual circumstances that meet the requirements of relevance. At the same time, not any facts can be given by the plaintiff in the basis of the claim, and the plaintiff must bring legal facts - i.e. such circumstances with which the law connects the emergence, change, termination of legal relations or other legal consequences. If necessary, the plaintiff must make and indicate the calculation of the recovered or disputed amount (clause 7, part 2, article 125 of the APC). All these factual circumstances are further subject to proof by the plaintiff in the arbitration process.

The facts included in the basis of the claim are traditionally divided into the following 3 groups in procedural law:

Facts that directly produce law from which plaintiff's claim directly follows. For example, in a claim for foreclosure on pledged property, such facts as the presence of a principal (credit) obligation, the presence of a pledge obligation, the fulfillment by the creditor of its obligations to the borrower, the proper content and execution of these agreements, other factual circumstances reflecting the existence of significant conditions of credit and collateral obligations and their fulfillment.

Facts of active and passive legitimation, through the establishment of which the proper character of the parties in the arbitration process is determined. There are facts that indicate the connection of a claim with a specific subject that made this claim, i.e. with the plaintiff (facts of active legitimation), and facts indicating the connection of a certain obligation with the defendant (facts of passive legitimation). This implies the institution of replacing an improper plaintiff with a proper one, as well as the replacement of an improper defendant.