The legislative framework of the Russian Federation, although far from ideal, is constantly being improved. And this raises some questions among citizens. Especially for those who are far from jurisprudence in principle. For example, many are interested in such a legal institution as the arbitration court. What is it? What is in its competence? What cases are judges of this institution of law considering?
Judicial system
The executive and judicial systems of the Russian Federation are closely related. But not everyone is so easy to understand them. So, the courts alone are divided into several categories, each of which parses cases of its jurisdiction. The arbitration court is no exception. What it is? First of all, a non-governmental judicial authority.
The arbitration court is a commercial court with its own competence. For the most part, it resolves disputes between organizations or some types of property issues that are associated with them. All this falls under their competence. Conventionally, they can be attributed specifically to civil proceedings, since claims that are governed by civil law are considered.
There are nuances that should be taken into account, since the judicial body is still non-governmental in nature. This is a special way of regulating disputes between citizens (individuals or legal entities). Its main task is to make the right decision for both parties based on their will. Each participant in the process has the right to demand something, while losing. The judge has an important function - to resolve the dispute so that both parties to the contract are satisfied, and the lawsuit does not fall into the courts of first instance for further consideration.
What does it relate to
It should be noted that such a judicial authority refers to an alternative way of regulating certain disputes. The Arbitration Court, although it does not apply to arbitration, is subordinate to it. What does this mean? The Supreme Arbitration Court of any city strictly keeps records of non-state courts, and also regulates their activities. Lists of current and registered can usually be viewed online. In addition, the two parties to the dispute can independently convene an arbitration court, which will deal exclusively with their issue. This gives a guarantee that the case will be examined on time and will have a satisfactory decision for all. It is noteworthy that no one has the right to keep a record of the case, unless the parties have agreed on this in advance. The meeting is always closed, which gives a guarantee of the security of confidential information. Another interesting fact: the judge has no right to demand any evidence other than that which is already available in the case. He also cannot impose penalties on the participants in the process for the lack of necessary details of the case.
Who is established
The arbitration court is a judicial body that can be formed by any legal entity. Observing some conditions, of course. In this case, the founder is obliged to notify the arbitration court of his region of his activities. This is done from the date of creation. In addition, there are some differences for judges and state courts, and non-state. As well as the way of institution. So, the state court is a subordinate part of the judicial system of the Russian Federation, is fully regulated by law. Only authorized bodies are authorized to create a court, and no one else. Unlike the arbitration court, for example. The order of its establishment is simplified, although it has its own characteristics.
Who can become a judge
The rules for recruiting people who can do business are not so strict. Disputes in the arbitration court may be considered by any person who complies with the rules. Namely:
- Persons who do not have a criminal record (both canceled and outstanding).
- Persons who have a law degree.
- Persons who do not have any incriminating facts in the biography.
- No special qualifications are required by law.
Thus, any citizen who has received a law degree with an impeccable reputation can become a judge. It is he who can head the arbitration court. What does this mean? That a person uninterested in the outcome of the case has the right to resolve the conflict between the parties under the existing agreement between them, in compliance with all norms of both arbitration proceedings and current legislation. For the most part, a judge in this type of court is the third party to the agreement. He makes sure that the parties to the agreement find the right and satisfactory solution for them peacefully.
Subspecies
All arbitration courts are divided into two large subspecies. Each of them has its own characteristics and nuances both in the consideration of cases and in the establishment. It is noteworthy that this does not affect the decision and execution on it. Each species simply has its own competence that you should know. In addition, the subspecies of the institution also affects the duration of the work of a non-state court. This has its advantages, as it relieves the burden of the general judicial authorities.
Permanent court
There is such a thing as a permanent arbitration court. What does it mean? Firstly, a non-governmental judicial body is created strictly with a notification to the state about the establishment of such in the territory under its jurisdiction. For example, in the territory of the Russian Federation there is an arbitration court at the Chamber of Commerce and Industry. This is a permanent body.
Secondly, when making a decision, the court is guided not only by the principles of arbitration, but also by agreement of the parties to the parties, as well as the legislation of the Russian Federation in principle (in exceptional cases). Why is that? Because the basis for the decision is precisely the agreement or contract. He initially cannot violate the current legislation, otherwise it will be considered invalid and illegal.
Interim court
There is such a thing as considering a specific dispute. In another way, this concept sounds like “ad hoc courts”. And this is also an arbitration court. What does this mean? Firstly, the judicial non-governmental body is going to only consider a specific dispute, and no more. Secondly, the notification of the district arbitration is not binding. That is, the founders of such an arbitration court may convene on their own initiative and on their own terms, which are provided for by the arbitration rules of procedure. After the claim is satisfied, the arbitration interim court ceases to exist.
What matters are considered
A court of this type considers cases of a commercial nature. In particular, between two companies or an employee of the company and the founder. All cases are considered exclusively within the framework of the current agreement between the participants in the process. An agreement that does not have an arbitration clause (agreement) may be amended by both parties. To do this, you need to make the necessary amendment to the corresponding clause of the contract. Signatures of both parties are required.
Who can go to court
A lawsuit can be directed both by an individual and a legal entity unilaterally. A prerequisite is the notification of the second party about the application. In addition, if there is no arbitration clause in the contract between the participants in the process, it can be made at any stage of consideration of the issue by mutual agreement. This is a prerequisite. The Arbitration Court of the Russian Federation makes a decision only on the basis of the parties coming to a general agreement to satisfy the claim.
Court agreement
The basic principle of the work of such a non-governmental judicial body is the agreement of the parties. What is meant by this? For example, there is a specific agreement where there is a clause stating that disputes under the agreement can be considered in a state court. There is no arbitration clause. But it can be made by mutual agreement. In this case, the arbitral tribunal has the right to consider the case on its own grounds. It is also noteworthy that a reservation can be made at any stage. Even if the lawsuit is considered in the state court of first instance, and the decision has not yet been made. The reservation can be of three types: non-alternative (the dispute is considered only by the arbitral tribunal), alternative (either by the arbitral tribunal, or in a court of general jurisdiction) and specific (a specific clause of the contract is considered by the arbitral tribunal). Be sure to include the specific name and address of the judicial authority.
Decision
Not always the decision can be appealed. So, for example, the decision of the arbitration court cannot be changed by any of the courts, if the parties have agreed in advance its irreversibility. Neither the arbitration tribunal nor the appeal commission can change this, since the legislative framework does not provide for this. It is possible to appeal the decision of the arbitration court only if the procedural requirements imply this. It should be based on the norms of the Civil Procedure Code of the Russian Federation. It is there that all legal aspects that regulate controversial issues in arbitration proceedings are spelled out. At the same time, only one of the parties to the case has the right to appeal the appeal and no one else. This is spelled out in the Federal Law on Arbitration Courts. The time period within which you can try to cancel the decision is 3 calendar months from the date of its adoption and signing. If the parties have adopted an unchanged and only correct decision for them, not one of them has the right to change it. Moreover, the execution of decisions of the arbitration courts should begin immediately after the end of the process. The decision must be executed within a strictly agreed period, immediately. The decision shall enter into force without delay. But execution is voluntary, not forced.
Execution
The arbitration court shall not have the right to force the defendant in the claim to fulfill obligations. This is not provided by its competence. But another function is assigned to him - to make a decision. Its execution, although it is voluntary in nature, can be claimed through a court of general jurisdiction by force. The enforcement service of the Russian Federation is obliged to monitor the execution at the place of attachment of the writ of execution.
How to claim
In order for the decision made by the arbitration court to be executed on time, the plaintiff has the right to apply for a writ of execution. This is done in the district court at the place of registration or location of the defendant or property on which there was a dispute. The writ of execution is filled out and then transferred to the one who should execute it. A copy is sent to the bailiffs, who are required to monitor the execution of the court decision in due time. If the loser does not fulfill his obligations, administrative penalties are imposed on him.