The term for consideration of a case in an arbitration court is the time allotted by law for the proceedings in a case. In the Code, only one article deals directly with timelines. There are other provisions governing the time of a trial. There are general and special rules.
Procedural deadlines
The term for consideration of the case in the arbitration court refers to the procedural terms. Their course is associated with the exercise of the powers of the court and the commission of actions by the parties, which they have the right or obligation to take during the proceedings.
Why is knowledge of these rules important? The term for consideration of a case in an arbitration court may be restored, extended, its course may be suspended.
In addition, the unreasonable delay of the trial gives the plaintiff the right to raise the issue of compensation from the budget. True, provided that his actions were conscientious, and not aimed at intentionally violating the deadlines.
Procedure for the passage of time in a lawsuit
Procedural periods are calculated in days, months, and years. If the completion day falls on a weekend or holiday, the period shall be extended until the next business day.
If the end of the term falls on a day that is not in the corresponding month, then the last day of the month is considered to be the last day of the term.
The suspension of the proceedings terminates the course of the procedural period.
Variety of terms
The length of time for consideration of a case in an arbitration court is determined by the form of legal proceedings and its stage. For example, one time was given to resolve a property dispute, and another time to consider an administrative claim. Restrictions are imposed on the authority. For example, there are various powers regarding the extension of the review in the appellate and supervisory instance.
General rules
Art. 152 APC of the Russian Federation prescribes to complete the consideration of the case within 3 months. Time is counted from the moment the claim is submitted to court. Such moment is considered to be the transfer of copies of documents directly to the office, their delivery to the post office (or to the courier) or their submission directly to the arbitration court website in electronic form.
The court is also obliged to make a decision during this time, by compiling its reasoning part.
As we will see below, the law establishes more shortened and extended terms in individual situations.
What is given for 3 months
The procedural law quite clearly regulates the actions of a judge. During this time, he must:
- to prepare for the meeting (to provide a call to the parties, to give the opportunity to file petitions for the demand for evidence, the appointment of an examination and other measures);
- provide substantive consideration (study of evidence, arguments of the parties);
- adoption of a decision (adoption of a judicial act on the merits of the dispute, including the preparation of a full judicial act with a reasoning).
Work with received materials
From the moment the petition is filed with the arbitration court, it has 5 days to decide whether the petition meets the minimum requirements and open the proceedings. Further, the court notifies the parties by sending a ruling on the opening of the case. It is sent to the parties no later than a day after its removal.
Leaving a statement without movement
Filing a claim with the arbitration court is not always ensured with full compliance with the law, and if there is no reason to return the claim, time is given to eliminate the deficiencies. If the plaintiff has time to solve the problems in time, the time period for consideration is calculated from the date of receipt of the initial application by the court. A similar principle applies in the stages of review of decisions and other forms of legal proceedings, except for the issuance of an order.
Preparation for the process
After filing the documents with the arbitration court, the judge calls the parties to talk to discuss the application of the petitions: requesting evidence, summoning witnesses, ordering expert examinations, taking interim measures and other measures. The possibility of attracting third parties for consideration is being considered.
If a decision is made on the commission of any actions, the judge shall indicate the date by which they should be performed.
In the course of preparation within the framework of the preliminary session, the judge decides whether there is enough evidence collected and decides on the petitions of the parties.
If there is a need for a break in the preparatory phase, it is allowed to announce it for no more than 5 days.
How much time is spent preparing for the trial is decided taking into account the circumstances, but the judge does not have the right to go beyond the time limit for considering the case and making a decision.
Suspension and adjournment of consideration
The law provides for two groups of grounds for suspension of proceedings. In some cases, the court has this right, and in others it is obliged to do so. In particular, the appointment of an examination or decision in another arbitration, civil, criminal or administrative case.
The resumption of production is associated either with the occurrence of certain events or with the end of the time allotted, for example, to conduct an examination.
In addition, postponement of consideration is allowed. For example, if the second party does not appear at the meeting. It is permitted in situations specified by law. Postponing usually means moving the planned procedures to the next meeting. And the deposition is not connected with the suspension of the flow of procedural terms.
Decision deadlines
The judicial act, which resolves the case on the merits, is first issued in an abridged form - it contains only the introductory and resolutive part. The document outlines the essence of the decision on the claim or application. Not later than after 5 days, a full solution is prepared.
As mentioned above, the process of consideration of the case by the arbitration court of the first instance includes the adoption and drawing up of a court decision. Sending a document to persons whose interests are affected by the process is carried out within 5 days from the date of preparation.
Appeal stage
From the moment the full decision is made (with the reasoning), the right to appeal is valid for a month. Other time is provided, for example, when appealing against rulings by filing a private complaint. Until the deadline for filing a complaint, it is forbidden to transfer the case to anyone.
Assessment of its readiness should be carried out no later than 5 days after admission to court. Also during this time, the judge sends the participants in the process a ruling on opening a case.
The law does not say anything about providing the other party with a response to the complaint. In fact, the time for exercising this right is limited by the date of the meeting of the board of appeal.
The second instance is obliged to take a decision on the complaint no later than 2 months after the case is received in court. The time for consideration is calculated from the moment the appeal deadline is terminated if the materials were somehow transferred earlier.
The decisions of the arbitration court in the case shall enter into force from the moment of announcement in all instances except the first.
First and second cassation
The first cassation instance is represented by the district courts, the second by the economic board of the Supreme Court.
The applicant has 2 months after the announcement of the operative part of the decision in the district court to write and file a complaint. The judge-rapporteur has 5 days to assess the compliance of the application with the law. If it corresponds to them, on the same day the decision to open the production is sent to the participants.
2 months are given for consideration of the case and adoption of a final decision on it.
Some features in the Supreme Court
The difference between the procedures in the district courts is that they accept all complaints without exception. The Armed Forces of the Russian Federation have a selective principle: whether the case falls, one of the judges decides, and he does not participate in further consideration on the merits.
In the RF Armed Forces, 2 months are allowed for the procedure if the judges did not begin to demand the case materials and 3 if they did. The time spent claiming and sending materials to the review period does not count.
Judges are limited to 2 months to trial after the case file is submitted to the panel.
Supervisory authority
The order of consideration is similar to a cassation hearing in the same Supreme Court. The rules for the terms are the same: 2 months if the case is not claimed and 3 - if requested. Moreover, the extension of the review period is allowed no more than 2 months.
Other forms of production
The agribusiness provides for a lot of forms of production: in particular, simplified, administrative, administrative (only in the last 3 subspecies), bankruptcy, fact-finding, collection of payments to the budget and extra-budgetary funds.
Consider the order and simplified proceedings, citizens are more likely to encounter them.
Order and simplified production
The order is issued based on the application of the interested person. The court is obliged to make a decision on it within 10 days from the date of transfer of the materials to the court. Another 5 days is given for sending documents from the court.
The procedure is completed if the debtor fails to submit an application for its cancellation within 10 days after receiving a copy of the order.
If the deadline for submitting an application is missed, and the judge refused to restore it, the debtor has 2 months to file a cassation appeal. One of the judges of the district court within 15 days decides whether it is reasonable. If he agrees, the materials are submitted for consideration on the merits; if not, a decision is made on the refusal to transfer them to the college.
Simplified production is built according to a slightly different scheme. The plaintiff submits a statement of claim in general form. If there are no obstacles to the application of the simplified procedure, the second side is given the time to provide feedback and additional materials. It can not be less than 15 days. During this time, the parties are entitled to exchange additional evidence. The term is counted from the moment of opening the proceedings. Therefore, taking into account the time spent by mail, the defendant often has several days left to prepare his position.
If before that the general procedure for legal proceedings was applied, the parties have at least 30 days to exchange documents and transfer them to the court.
If any of the directed received by the court after the expiration of the allotted time, it is not accepted. An exception is the justification by the party of the validity of the violation of the term.
The judge makes a decision based on the available materials, and publishes the decision on the website of the case. The participants in the process have the right to file a complaint within 15 days from the date of its adoption. Within 5 days after the publication of the introductory and resolution parts of the judicial act, interested parties have the right to ask the court to draw up a motivation part as well. And then the deadline for appeal is calculated from the moment the decision is made in full.
Extension of the term for consideration of a case in an arbitration court
The case may be considered over a longer period of time. The judge in charge of the case is required to submit an application to the president of the court. The complexity of the case and the large number of participants in the process are considered respectful sums. Consideration is allowed to extend no more than 6 months.
If the party to the case is a foreign person, then the review is allowed to be extended until six months, or for another period, depending on the rules established by international agreement.
An extension, which is not considered a procedural violation, may otherwise be regarded when the plaintiff submits a statement of claim for compensation for violation of a reasonable period of legal proceedings.
The complexity of the case, the integrity of the actions of the participants in the process, the timeliness of court orders are taken into account. Workload of the judge, organizational difficulties are not grounds for refusal of the statement of claim.
In simple terms, a judicial act in favor of the plaintiff in this case is compensation for red tape committed by judicial officials.
The procedural codes provide for special sections describing the procedure for filing applications and considering them.
Finally
The terms of proceedings in an arbitration court are regulated by a number of rules. There is a general time limit for the consideration of a case in an arbitration court and established for individual cases, which is evident from the passage of cases through the courts of arbitration.
The court is limited in time to exercise its powers up to a day. The plaintiff, who considered that the judge is delaying the hearing, has the right to contact the chairman of the court for action. He also has the right to demand compensation for red tape committed not through his fault.