In the arbitration process, as well as in the civil, it is necessary to establish jurisdiction and jurisdiction of disputes. Only with the correct solution of problems is the matter examined on the merits. This is regulated by Art. 27 APC of the Russian Federation, which allows for effective meetings. If there is a dispute, it is necessary to choose the right judicial authority that will competently carry out the consideration of the situation.
The essence of jurisdiction
What is the specificity of the term? Jurisdiction of the cases to the arbitration court means the delimitation of duties established by law between the Constitutional Court of the Russian Federation, arbitrations, organizations of general jurisdiction. It turns out that the court can deal with those cases that are part of its work.
Considering the essence of arbitration, their competence includes consideration of disputes between enterprises. The jurisdiction of cases to the arbitration court is distributed by the nature of the legal relationship. Such institutions deal with economic disputes. An important criterion for the jurisdiction of arbitration is the subject composition of legal relations.
Features of the subject composition
According to Art. 27 of the Arbitration Procedure Code of the Russian Federation, arbitrations deal with economic disputes, where participants may be:
- legal entities;
- Entrepreneurs
- individuals
- authorities.
By the nature of legal relations, arbitration tribunals can deal with economic disputes in the field of civil and administrative spheres. Cases of these institutions may fall under the jurisdiction of administrative law. In this area, arbitrations may deal with issues of contesting documents, acts of authorities, administrative offenses.
Nuances of jurisdiction
In practice, most of the disputes that relate to certain institutions are related to protests against decisions and decisions of controlling organizations. Documents issued by officials shall be challenged. These include:
- bankruptcy;
- disputes on the establishment, reorganization;
- registration of institutions;
- securities disputes;
- business reputation protection cases.
Since such cases are heard in arbitration courts, specialists have the necessary skills to handle them. During the meeting, legal norms are taken into account.
Features of corporate disputes
There may be other conditions for jurisdiction. Corporate disputes are sometimes considered . But then it takes into account:
- nature of the dispute;
- the rules of the enterprise conducting economic work;
- grounds for legal relations between the parties;
- rules for organizing the form of an enterprise.
Arbitration often deals with cases of economic disputes. They also deal with cases of non-fulfillment of contractual obligations of counterparties. The institution considers civil disputes, commercial matters. Participants in disputes are citizens: entrepreneurs, business owners, business entities. Sometimes they are the authorities.
Principles of Jurisdiction
Art. 27 APC of the Russian Federation establishes that jurisdiction is an important condition for the consideration of the case by arbitration. Only when a dispute has specific characteristics can such an institution deal with it. Necessarily takes into account the nature of legal relations, which should be economic. Otherwise, the case is considered by a court of general jurisdiction.
The legal status of the parties is of great importance. If these are not commercial organizations, then the case is referred to the court of general jurisdiction. But exceptions may be approved in legislation. Together with jurisdiction, jurisdiction is also of great importance.
Principle of jurisdiction
The term “jurisdiction” means the rules for referring a particular case to a specific institution. The concept has 2 varieties:
Each case can only be considered within a particular institution. The distribution of responsibilities between organizations allows you to resolve disputes by competent employees.
Tribal jurisdiction
This term means the delimitation of competencies in the consideration of cases by institutions within the judicial system. Disputes of first instance are referred by the arbitration courts of the Russian Federation. In this way, for example, the jurisdiction of the Moscow Arbitration Court is established .
Many cases are considered by the Armed Forces of the Russian Federation. The jurisdiction of the institution includes challenging documents, economic disputes arising between the authorities.
Territorial jurisdiction
This concept includes arbitration rules that affirm the principles of delimiting the competencies of institutions at the same level. The jurisdiction of the affairs of the subjects of the Russian Federation is established. All institutions have one legal status.
The jurisdiction of Moscow arbitration is affirmed on the basis of those criteria that determine the competencies of institutions in the regions of the country. Each organization carries out activities based on its competence. According to Art. 27 APC RF cases should be considered on the merits. The court uses the term jurisdiction.
Multiple jurisdiction
If we touch upon such a concept as the delimitation of jurisdiction, then the jurisdiction is divided into exclusive and plural. The latter is considered the most important, since it includes several types:
- imperative: the case is examined by several institutions, but in strict sequence;
- contractual: agreement of the parties;
- mixed: the initiator of the dispute may decide to consider the case by several bodies;
- alternative: the ability to choose the body of the person who wants to receive protection of rights.
Consequences of errors
Art. 27 APC RF with commentary includes the principles of jurisdiction. Arbitration tribunals consider disputes involving organizations. If the jurisdiction body is selected incorrectly, the case may be canceled. It turns out that all the work done will be meaningless.
But there may be another situation. If the dispute does not fall within the competence of citizens, the court does not accept the application. Therefore, no meeting is scheduled. As a result, the case will be transferred to the necessary institution, which will deal with it until the end. If errors were identified during the meeting, then this is enough to stop it.
Jurisdiction and jurisdiction
All principles of jurisdiction include art. 27 APC of the Russian Federation. The current edition defines the consideration of the protection of intellectual property by arbitration courts. All procedures for establishing judicial competence are divided into several types:
- alternative: the case can be considered in jurisdictional institutions, and not just in court;
- exceptional: after consideration of the case, you cannot go anywhere to protect rights;
- contractual: an agreement is drawn up that the dispute can be considered in the arbitration court;
- conditional: out-of-court settlement of the dispute is carried out.
The division of responsibilities between the courts is clear, so it will turn out to choose the right authority to consider a particular case.
If there is a discrepancy between the dispute and the competence of the court, then the case shall not be transferred to another body. The change of jurisdiction occurs in the event of an error. A complaint may be filed to transfer the case to another authority. If a redirect has been performed, the process continues. And it is prohibited by law to initiate disputes over jurisdiction.