The peculiarity of the arbitrators and jurors is that they are involved in trials on a temporary basis. According to the law, these persons are not considered judges. Meanwhile, the importance of the functions that they implement can hardly be overestimated. Consider the features of the status of arbitration assessors in the article.
Subjects of law
Citizens of the Russian Federation may act as arbitration assessors of arbitration courts. The activities of these persons, the conditions and features of involving them in the proceedings are regulated by Federal Law No. 70.
The first article of this normative act establishes general provisions regarding the participation of arbitration assessors in litigation. Subjects are involved in proceedings arising from civil matters and subordinate to the first instance.
Status specifics
In view of the high responsibility and great importance of the functions performed by the assessors, they have the same independence as professional judges. Exerting unlawful influence on people's representatives to force or induce them to take an unjust decision is as unacceptable as pressure on judges.
Participants involved in the administration of justice, in addition to the rights that ensure their activity in direct adjudication, are vested with sufficient rights to study evidence considered in court. The appropriate conditions are created for them for an objective, comprehensive, full assessment of the circumstances necessary to make informed, legal, fair decisions. In this, among other things, the similarity of the status of people's representatives with the status of judges is also expressed.
At the same time, the legal status of persons involved in arbitration proceedings is determined not only by the obligations and rights provided for by legislation, but also by measures of protection against unlawful extraneous influence.
Judges and Arbitrators
The interaction of these persons is also referred to in Art. 1 Federal Law No. 70. According to the provisions, the composition of the court is formed in such a way that the influence on the outcome of the case of interested parties is completely excluded. One judge and 2 arbitration assessors participate in the proceedings. Moreover, the latter are independent and are subject exclusively to federal law and the Constitution.
The difference between the arbitrator and the jury
The vote of the people's representative in an arbitration case is equivalent to the vote of the judge with whom he is considering the case. This conclusion follows from the provisions of the 19th article of the agro-industrial complex. During the proceedings, arbitration assessors have responsibilities and exercise the rights of judges.
As for the jury, this is a bit different. The vote of this national representative does not equal the vote of a judge. This is due to the fact that jurors are attracted to resolve mainly issues of innocence or guilt of a citizen in a criminal case, whether the defendant deserves leniency. Moreover, a professional judge has no right to unjustifiably ignore a jury verdict when deciding a sentence.
Conflict of interests
In the exercise of their powers, arbitral tribunals should avoid anything that could belittle the authority of the court or raise doubts about fairness, impartiality and objectivity.
In the event of a conflict of interest, persons are required to recuse themselves or notify the remaining parties to the dispute about the situation.
A conflict of interest should be understood as circumstances in which the indirect or direct personal interest of an entity may affect the proper performance of his imputed duties. Simply put, this is a situation where the interests of assessors contradict the rights of others, including those not participating in the proceedings.
A personal interest is the possibility of obtaining material gain or other illegal advantage in the process of fulfilling the duties assigned to the arbitrator.
Citizens Requirements
They are provided for in Article 2 of the Federal Law No. 70. Citizens of 25-70 years old with:
- impeccable reputation;
- higher vocational education;
- at least 5 years of work experience in managerial, legal, financial, economic or business sphere.
Limitations
An arbitrator may not be a citizen:
- having an outstanding / unexpunged criminal record;
- committed an act that belittles the authority of the court;
- Recognized of limited legal capacity / full legal capacity by a court decision that has entered into force;
- replacing the state post of the Russian Federation, constituent entities of the Russian Federation, public services, as well as municipal posts;
- registered in a neuropsychiatric or narcological clinic.
The following may not be assessors:
- judges;
- military personnel;
- prosecutors;
- lawyers;
- investigators;
- notaries;
- subjects belonging to the operational / managerial staff of the Russian Internal Affairs Directorate, the State Service, FSB bodies, punitive structures that control the circulation of psychotropic / narcotic drugs;
- private detectives operating on the basis of special permission.
Credentials
Their term is limited to two years. The termination of powers of the assessor is carried out on the last day of the last month of the specified period. At the end of the term, a citizen may be included in the lists of assessors according to the rules established by Art. 3 Federal Law No. 70.
If the consideration of the case with the participation of arbitration assessors by the date of expiration of their term of office is not completed, citizens continue to perform their duties until the end of the proceedings.
A petition to engage a citizen in dispute resolution
The participation of arbitration assessors may be determined by the complexity of the case or the need to use special knowledge in managerial, economic, financial or other fields.
Attraction of arbitration assessors to the proceedings is carried out at the request of the interested person in the manner established by the agro-industrial complex and other federal laws.
Upon satisfaction of the application, candidates are selected from the list approved in the established manner, taking into account specialization. The selection is made using an automated system or another method used in court.
If, after self-recusation or recusal of one (several) assessors, it is impossible to form the composition of the court for consideration of the case, the trial shall be carried out by the judge alone.
As indicated in Part 4 of Art. 19 of the APC, if one or two assessors do not appear at the hearing, the case may also be considered individually by a judge. In this case, it is necessary to obtain consent from the parties present (their representatives).
If the parties to the dispute object to the sole consideration, the judge shall adjourn or adjourn the hearing. If it is not possible to hold a new meeting due to the non-appearance of the people's representatives (one or two), the court, on the basis of the petition of one of the parties to the dispute, may issue a ruling on the sole hearing of this case and open a hearing at the first instance.
Remuneration
It is paid to the assessor in proportion to the number of working days during which he participated in the consideration of cases. Remuneration is financed from the federal budget.
The amount of compensation is 1/4 of the official salary of the arbitration judge. In this case, the amount should not be less than 5 minimum wages.
In addition, the arbitrator receives compensation for travel expenses. Payments are made in the amount and according to the rules provided for judges seconded within Russia.
Warranty
For arbitrators and their family members for the entire period of exercise of their powers, the same guarantees apply as for judges. They are enshrined in the Constitution, FKZ No. 1, Law No. 3132-1.
All the time during which the assessors performed the powers of administering justice shall be counted in calculating the length of service of any kind. In addition, the following persons are retained: average earnings provided for at the main place of employment, benefits and guarantees established by law.
Lists of assessors
They are formed by the arbitration courts of the constituent entities of the Russian Federation on the basis of proposals submitted by associations of entrepreneurs, chambers of commerce, other public and professional associations.
The court organizes the verification of the accuracy of information about the candidates. To do this, she has the right to contact the appropriate authorities. The latter, in turn, must report the results of the audit within the time period established by the court, but no later than 2 months later. from the date of receipt of the request.
Statement
Lists of assessors are submitted by the judicial authorities of the subjects in the Supreme Court. The approval is carried out by the plenary court.
Agreed lists are published in the "Bulletin of the RF Armed Forces" without fail and in other media (if necessary).
The number of assessors in the courts shall be established on the basis of not less than two assessors per judge examining the dispute in the first instance.
Moscow Arbitration Court
Reception of lists of assessors and documents attached to them is carried out in this instance by the personnel department. The Moscow Arbitration Court requires the following papers:
- Letters of recommendation.
- Help lenses.
- Copies of your passport.
- Copies of labor.
- Characteristics.
- Inquiries from the neuropsychiatric and narcological dispensaries.
These documents are provided for each candidate for assessors.
The papers must be signed and certified by the head of the organization recommending the citizen.
The civil service human resources department is open from Monday to Friday, from 10:00 to 17:00. It is located at: st. B. Tulskaya, d. 17, office number A023.