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RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of June 27, 2017 No. 23

About consideration by Arbitration Courts of cases on the economic disputes arising from the relations complicated by foreign element

The right to judicial protection in the Russian Federation everyone, including participants of the international economic activity, is recognized and guaranteed by the Constitution of the Russian Federation (Articles 15, 17, 19, 34, 35, 44, 46), the conventional principles and rules of international law and international treaties of the Russian Federation.

Ensuring access to justice of participants of the international economic relations, legal definiteness in case of the choice of competent court, timely and effective consideration of the disputes arising from the relations complicated by foreign element is obligation of the state and necessary condition of fair justice.

For the purpose of ensuring the correct and uniform application of the regulations of the Arbitral Procedure Code of the Russian Federation regulating procedure for consideration by Arbitration Courts of cases on economic disputes and the another matters connected with implementation of business and other economic activity, arising from the relations complicated by foreign element, the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, articles 2 and 5 of the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to make the following explanations.

General questions

1. Arbitration Courts consider cases on economic disputes and the another matters connected with implementation of business and other economic activity (further - cases on economic disputes) with participation of the foreign organizations, international organizations, foreign citizens, the stateless persons performing business and other economic activity, foreign states (further - foreign persons) or arising from the relations complicated by other foreign element within the powers established by Chapter 4 of the Arbitral Procedure Code of the Russian Federation (further - the AIC of the Russian Federation, the Code).

Legal regulation of permission by Arbitration Courts of the specified cases is performed according to the Constitution of the Russian Federation, the conventional principles and rules of international law and international treaties of the Russian Federation entering according to part 4 of article 15 of the Constitution of the Russian Federation its system of law, the AIC of the Russian Federation, other legislation on legal proceedings in Arbitration Courts of the Russian Federation.

Cases on the economic disputes arising from the relations complicated by foreign element are understood as cases: with participation of foreign persons; on disputes which subject are the rights to property other object which is in the territory of foreign state (for example, the rights to property in foreign state which the Russian organization, the rights to the results of intellectual activities or means of individualization which are or registered in foreign state has); on the disputes connected with the dispositive fact taking place in the territory of foreign state, in particular to the dispute following from the obligations arising from the damnification which happened in foreign state.

The specified disputes are considered by Arbitration Court by rules and within the powers established by the AIC of the Russian Federation with the features provided by the Section V of the AIC of the Russian Federation ("Production on cases with participation of foreign persons") if the international treaty of the Russian Federation does not provide other (part 3 Articles 3, part of 1 Article 253, of 256.1 AIC of the Russian Federation).

2. If the international treaty of the Russian Federation establishes other rules of practice, than those which are stipulated by the legislation the Russian Federation about legal proceedings in Arbitration Courts of the Russian Federation are applied rules of the international treaty (part 3 Articles of 3 AIC of the Russian Federation, part 4 Articles of 13 AIC of the Russian Federation).

Applying the rules of practice established by regulations of international treaties, the Arbitration Court determines action of these rules in time and space according to the Section 2 parts 3 Vienna conventions on the right of international treaties of May 23, 1969 (further - the Vienna convention).

If several international treaties of the Russian Federation are signed with foreign state concerning rules of practice on cases on the economic disputes arising from the relations complicated by foreign element, the Arbitration Court establishes the international treaty which is subject to application, being guided by regulations of the Vienna convention, the Federal Law of July 15, 1995 No. 101-FZ "About international treaties of the Russian Federation", regulations of the most international treaty, the question of which application is resolved by court.

The special international treaty is subject to priority application irrespective of circle of his participants and time of acceptance if regulations of international treaties do not establish other.

Competence of Arbitration Courts of the Russian Federation on cases on the economic disputes arising from the relations complicated by foreign element

3. The bases for establishment of competence of Arbitration Courts of the Russian Federation on the economic disputes arising from the relations complicated by foreign element are fixed by the AIC of the Russian Federation (Chapter 32).

In case of permission of question of competence of Arbitration Courts of the Russian Federation on the economic disputes complicated by foreign element, Arbitration Courts it is necessary to be guided by general rules, stipulated in Clause 247 AIC of the Russian Federation, rules about exclusive and contractual competence (Articles 248, of 249 AIC of the Russian Federation), and also rules about competence of Arbitration Courts on application of interim measures on the economic disputes complicated by foreign element, stipulated in Clause 250 AIC of the Russian Federation.

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