The legislative base of the Russian Federationis far from ideal, but is constantly being improved. And this causes citizens some questions. Especially among those who are far from jurisprudence in principle. For example, many are interested in such a legal institution as an arbitration court. What is it? What is within its competence? What cases are considered by the judges of this institution of law?
The Executive and Judicial Systems of the Russian FederationThe federations are closely related. But not everyone is so easy to understand them. So, only courts are divided into several categories, each of which deals with the cases of its jurisdiction. Not an exception and the arbitration court. What it is? First of all, the non-state judicial body.
Arbitration court is a commercial court, whichits competence. For the most part, it resolves disputes between organizations or certain types of property issues that are associated with them. All this falls under their competence. Conventionally, they can be attributed to civil proceedings, since claims that are regulated by Civil Law are being considered.
There are nuances that are worth considering, becauseThe judicial body is non-state in nature. This is a special way of regulating disputes between citizens (natural or legal persons). His main task is to make the right decision for both sides on the basis of their will. Each participant in the process has the right to claim something, while conceding. The judge is entrusted with an important function - to resolve the dispute in such a way that both sides of the contract are satisfied, and the claim did not reach the courts of first instance for further consideration.
It should be noted that such a judicial bodyrefers to an alternative way of regulating some disputes. Arbitration arbitration court, although not related to arbitration proceedings, but subordinated to him. What does this mean? The Supreme Arbitration Court of any city strictly keeps records of non-state courts, as well as regulates their activities. Lists of current and registered ones can usually be viewed online. In addition, the two parties to the dispute may independently convene an arbitration court, which will only deal with their issue. This gives a guarantee that the case will be reviewed on time and will have a satisfactory solution for everyone. It is noteworthy that no one has the right to keep a record of the case, unless the parties have stipulated this in advance. The meeting is always closed, which guarantees the security of confidential information. Another interesting fact: the judge does not have the right to demand any evidence, except those already available in the case. He also can not impose penalties on participants in the process for lack of necessary details of the case.
An arbitration court is a judicial body thatcan be formed by any legal entity. Observing some conditions, of course. In this case, the founder must notify the arbitration court of his district about his activities. This is done from the date of creation. In addition, there are some differences for judges and state courts, and non-state ones. As well as with the way of establishment. Thus, the state court is a subordinate part of the judicial system of the Russian Federation, it is fully regulated by law. Only the authorized bodies can create a court, and no one else is more. Unlike the arbitration court, for example. The order of its establishment is simplistic, although it has its own peculiarities.
The rules for recruiting people who can do business are not so strict. Disputes in the arbitral tribunal may be considered by any person who complies with the rules. Namely:
Thus, anya citizen who received a higher legal education, with an impeccable reputation. It is he who can lead an arbitration court. What does this mean? That a person disinterested in the outcome of the matter is entitled to resolve the conflict between the parties under the existing agreement between them, with observance of all norms of both arbitration proceedings and the current legislation. For the most part, the judge in this type of court is the third party in the agreement. He ensures that the parties to the treaty find a correct and satisfactory solution for them by peaceful means.
All arbitration courts are divided into two largesubspecies. Each of them has its own peculiarities and nuances both during the consideration of cases and at the institution. It is noteworthy that this does not affect the decision and execution on it. It's just that each species has its own competence, which one should know. In addition, the subspecies of the institution also influences the length of time that a non-state court will work. This gives its advantages, since it relieves the burden of judicial bodies of a general type.
There is such a thing as permanentarbitration court. What does it mean? First, the non-state judicial body is established strictly with the notification of 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. It is a permanent body.
Secondly, in making a decision, the courtis guided not only by the principles of arbitration, but also by the agreement of the parties' parties, as well as by the legislation of the Russian Federation in principle (in exceptional cases). Why is that? Because the basis for making a decision is precisely an agreement or a contract. He initially can not violate the current legislation, otherwise it will be considered void and illegal.
There is also such a thing as considerationspecific dispute. In another way, this concept sounds like "ad hoc courts". And this is also an arbitration court. What does this mean? First, that the judicial non-state body is going only to consider a specific dispute, and no more. Secondly, the notification of the district's arbitration is not binding. That is, the founders of such an arbitration court can gather on their own initiative and on their own terms, which are provided for by the arbitration rules of the proceedings. After the claim is satisfied, the arbitral tribunal ceases to exist.
In a judicial body of this type,business of a commercial nature. In particular, between two companies or a company employee and a founder. All cases are considered exclusively within the framework of the current agreement between the parties to the process. A treaty 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 relevant clause of the contract. Obligatory order requires the signatures of both parties.
The claim can be sent as an individual,unilaterally. An obligatory condition is the notification of the second party about the application. In addition, if there is no arbitration clause in the agreement between the parties to the process, it can be entered at any stage of the 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 arrival of the parties to a general agreement on the satisfaction of the claim.
The basic principle of such non-governmentaljudicial body - agreement of the parties. What is meant by this? For example, there is a specific agreement, where there is an item stating that disputes under the agreement can be considered in the state court. There is no arbitration clause here. But it can be made by mutual consent. In this case, the arbitration court has the right to consider the case on its own grounds. It is also remarkable that a reservation can be made at any stage. Even if the claim is considered in the state court of first instance, and the decision has not yet been taken. The reservation can be of three types: non-alternative (the dispute is considered only by the arbitration court), alternative (or by the arbitral tribunal or in the court of general jurisdiction) and specific (the specific point of the contract is considered by the arbitral tribunal). Be sure to specify the specific name and address of the judicial authority.
Not always the ruling can beappealed. So, for example, the decision of the arbitration court can not be changed by any of the courts, if the parties have previously stipulated its irreversibility. Neither the arbitration court nor the appeal committee can change this, because the legislative base does not provide for this. Appeal to the decision of the arbitral tribunal is possible only if the procedural requirements imply this. At the same time it is necessary to rely on the norms of the Civil Procedure Code of the Russian Federation. It is there that all legal aspects that regulate disputes in arbitration proceedings are prescribed. At the same time, only one of the parties to the case and no one else has the right to appeal. This is spelled out in the Federal Law "On Arbitration Courts". The time limit in which you can try to cancel a decision is 3 calendar months from the moment it was accepted and signed. If the parties have adopted an unchanged and the only correct decision for them, not one of them has the right to change it. Moreover, the implementation of arbitration awards should begin immediately after the end of the process. The decision must be executed in a strictly stipulated time, immediately. The decision takes effect without delay. But the execution is voluntary, not forced.
Arbitration Arbitration Court has no right to forcedefendant to comply with the claim. This is not provided for by its competence. But it has another function - to make a decision. His execution, although voluntary, can be demanded through a court of general jurisdiction in a compulsory manner. Follow-up is obligated to the Bailiff Service of the Russian Federation at the place where the enforcement order is attached.
In order for the decision made by the arbitration court to beis fulfilled on time, the plaintiff has the right to apply for the writ of execution. This is done in the district court at the place of residence or the location of the defendant or property for which there was a dispute. The executive sheet is filled in and then forwarded to the person who must complete it. A copy is sent to the bailiffs, who are obliged to monitor the execution of the court decision in due time. In case the loser does not fulfill his obligations, he is subject to administrative penalties.