of July 24, 2002 No. 95-FZ
Accepted by the State Duma of the Russian Federation on June 14, 2002
Approved by Council of the Russian Federation on July 10, 2002
Justice in the field of business and other economic activity is performed by the Arbitration Courts in the Russian Federation formed according to the Constitution of the Russian Federation and the Federal constitutional Law (further - Arbitration Courts), by resolution of economic disputes and consideration of other cases referred to their competence by the Arbitral Procedure Code of the Russian Federation and other Federal Laws on the rules established by the legislation on legal proceedings in Arbitration Courts.
Legal proceedings tasks in Arbitration Courts are:
1) protection of the violated or disputed rights and legitimate interests of persons performing business and other economic activity and also the rights and legitimate interests of the Russian Federation, subjects of the Russian Federation, municipalities in the field of business and other economic activity, public authorities of the Russian Federation, public authorities of subjects of the Russian Federation, local government bodies, other bodies, officials in the specified sphere;
2) ensuring availability of justice in the field of business and other economic activity;
3) fair public legal proceedings in reasonable time by independent and just trial;
4) strengthening of legality and the prevention of offenses in the field of business and other economic activity;
5) forming of respect for the law and court;
6) assistance to formation and development of partner business relations, to peaceful settlement of disputes, forming of customs and ethics of business conduct.
1. According to the Constitution of the Russian Federation the legislation on legal proceedings in Arbitration Courts is under authority of the Russian Federation.
2. The procedure for legal proceedings in Arbitration Courts is determined by the Constitution of the Russian Federation, the Federal constitutional Law "About Judicial System of the Russian Federation" and the Federal constitutional Law "About Arbitration Courts in the Russian Federation", the Arbitral Procedure Code of the Russian Federation (further the Code) and other Federal Laws accepted according to them.
3. 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 are applied rules of the international treaty. Application of rules of international treaties of the Russian Federation in their interpretation contradicting the Constitution of the Russian Federation is not allowed. Such contradiction can be established according to the procedure, determined by the Federal constitutional Law.
4. Legal proceedings in Arbitration Courts are performed according to the Federal Laws existing during the dispute resolution and consideration of the case (further - consideration of the case), making of separate legal proceeding or execution of the court ruling.
5. In case of lack of the regulation of procedural law governing the relations which arose during legal proceedings in Arbitration Courts, Arbitration Courts apply the regulation governing the similar relations (analogy of the law), and in the absence of such regulation are effective proceeding from the principles of implementation of justice in the Russian Federation (analogy is right).
1. The interested person has the right to appeal to Arbitration Court behind protection of the violated or disputed rights and legitimate interests, including with the requirement about award of compensation for violation of the right to legal proceedings to it to reasonable time or the rights to execution of the court ruling in reasonable time, according to the procedure, established by this Code.
2. In the cases provided by this Code other persons also have the right to appeal to Arbitration Court.
3. The disclaimer on appeal to the court is invalid.
4. The appeal to Arbitration Court is performed in shape:
the action for declaration - on the economic disputes and other cases arising from civil legal relationship;
statements - on the cases arising from administrative and other public legal relationship on insolvency matters (bankruptcy), for special proceeding, for mandative production and in other cases provided by this Code;
claims - in case of the appeal to Arbitration Court of appeal and cassation instances, and also in other cases provided by this Code and other Federal Laws;
representations - in case of the address of the Prosecutor General of the Russian Federation and his deputies about review of court resolutions according to the procedure of supervision.
5. Civil disputes on money recovery over the requirements which arose from agreements, other transactions owing to unjust enrichment, can be transferred to permission of Arbitration Court after acceptance by the parties of measures for pre-judicial settlement after thirty calendar days from the date of the direction of the claim (requirement) if others the term and (or) procedure are not established by the law or the agreement.
Other disputes arising from civil legal relationship are transferred to permission of Arbitration Court after observance of pre-judicial procedure for dispute settlement only if such procedure is established by the Federal Law or the agreement.
The economic disputes arising from administrative and other public legal relationship can be transferred to permission of Arbitration Court after observance of pre-judicial procedure for dispute settlement if such procedure is established by the Federal Law.
Observance of pre-judicial procedure for dispute settlement is not required on cases on establishment of the facts having legal value, to cases on award of compensation for violation of the right to legal proceedings in reasonable time or the rights to execution of the court ruling in reasonable time, to insolvency matters (bankruptcy), to cases on corporate disputes, cases on protection of the rights and legitimate interests of group of persons, the cases of mandative production, cases connected with accomplishment by Arbitration Courts of functions of assistance and control concerning reference tribunals, to cases on recognition and carrying out of foreign judgements and foreign arbitral decisions and also if other is not provided by the law, in case of the appeal to Arbitration Court of the prosecutor, state bodies, local government bodies and other bodies in protection of public interests, the rights and legitimate interests of the organizations and citizens in the field of business and other economic activity (Article 52, 53 of this Code).
6. By agreement of the parties the dispute which is within the competence of Arbitration Court arose from the civil relations before acceptance of the first instance of court resolution by Arbitration Court with which substantive prosecution comes to an end can be submitted by the parties of reference tribunal if other is not provided by this Code and the Federal Law.
7. The action for declaration, the statement, the claim, representation and other documents can be filed a lawsuit on paper or in electronic form, including in electronic form.
The action for declaration, the statement, the claim, representation and other documents in electronic form can be filed a lawsuit by means of the federal state information system "Single Portal of the State and Municipal Services (Functions)" (further - the single portal of the state and municipal services), or the information system determined by the Supreme Court of the Russian Federation, Judicial department under the Supreme Court of the Russian Federation, or electronic document management systems of participants of arbitral procedure with use of single system of interdepartmental electronic interaction.
The action for declaration, the statement, the claim, representation and other documents which are filed by means of the single portal of the state and municipal services, the information system determined by the Supreme Court of the Russian Federation, Judicial department under the Supreme Court of the Russian Federation can be signed by the simple digital signature in accordance with the legislation of the Russian Federation and the procedure determined by the Supreme Court of the Russian Federation, Judicial department under the Supreme Court of the Russian Federation if by this Code it is not determined that the specified documents shall be signed by the strengthened qualified digital signature.
The action for declaration, the statement, the claim, representation and other documents which are filed by means of electronic document management systems of participants of arbitral procedure shall be signed by the strengthened qualified digital signature.
8. The parties after the appeal to Arbitration Court have the right to use conciliatory procedures for dispute settlement.
1. When implementing justice of the judge of Arbitration Courts are independent, submit only to the Constitution of the Russian Federation and the Federal Law.
2. Any foreign impact on judges of Arbitration Courts, intervention in their activities of state bodies, local government bodies, other bodies, the organizations, officials or citizens are prohibited and involve the responsibility established by the law.
2.1. Information on extra procedural appeals of the state bodies, local government bodies, other bodies, the organizations, officials or citizens who arrived to judges of Arbitration Courts on the cases which are in their production or to the chairman of Arbitration Court, his deputy, the chairman of judicial structure or the chairman of judicial board on the cases which are in production of court is subject to the bringing to publicity and bringing to data of participants of legal proceedings by placement of this information in accordance with the established procedure on the Internet and is not the basis for carrying out legal proceedings or adoption of proceeding decisions on cases.
3. Guarantees of independence of judges of Arbitration Courts are established by the Constitution of the Russian Federation and the Federal Law.
Legality by hearing of cases by Arbitration Court is provided with the correct application of the laws and other regulatory legal acts, and also observance by all judges of Arbitration Courts of the rules established by the legislation on legal proceedings in Arbitration Courts.
1. Legal proceedings in Arbitration Courts and execution of the court ruling are performed in reasonable time.
2. Trial of cases in Arbitration Courts is performed in the terms established by this Code. Prolongation of these terms is admissible in cases and according to the procedure which are established by this Code. Anyway legal proceedings in Arbitration Courts shall be performed in reasonable time.
3. In case of determination of reasonable time of legal proceedings in Arbitration Courts which includes the period from the date of receipt of the action for declaration or the statement in Arbitration Court of the first instance about day of acceptance of the last court resolution on case such circumstances as legal and actual complexity are considered put, behavior of participants of arbitral procedure, sufficiency and efficiency of the actions of court performed for the purpose of timely consideration of the case and also general duration of legal proceedings.
4. The circumstances connected with the organization of work of court, including stipulated in Item 2 parts 3 of article 18 of this Code and requiring replacement of the judge, and also consideration of the case by different instances cannot be taken into account as the bases for exceeding of reasonable times of legal proceedings on case.
5. The rules of determination of reasonable time of legal proceedings provided by parts 3 and 4 of this Article are applied also in case of determination of reasonable time of execution of court resolutions.
6. If after adoption of the action for declaration or the statement to production of Arbitration Court case the long time is not considered and legal procedure is dragged out, interested persons have the right to file to the chairman of Arbitration Court petition for acceleration of consideration of the case.
7. The application for acceleration of consideration of the case is considered by the chairman of Arbitration Court in five-day time from the date of receipt of the statement in Arbitration Court. By results of consideration of the application the chairman of Arbitration Court takes out motivated determination in which there can be fixed term of carrying out judicial session on case and (or) actions which should be made for acceleration of consideration of the case can be specified.
1. Justice in Arbitration Courts is performed on the basis of equality of all before the law and court irrespective of floor, race, nationality, language, origin, property and official capacity, the residence, the relation to religion, beliefs, belonging to public associations and other circumstances, equality of all organizations before the law and court irrespective of form of business, pattern of ownership, subordination, the location and other circumstances.
2. The Arbitration Court provides equal judicial protection of the rights and legitimate interests of all persons participating in case.
1. Legal proceedings in Arbitration Court are performed on the basis of equality of participants.
2. The parties have the equal rights to the statement of branches and petitions, production of evidence, participation in their research, performance in judicial debate, representation to Arbitration Court of the arguments and explanations, implementation of other procedural law and obligations provided by this Code.
3. The Arbitration Court has no right to put the actions any of the parties in position of priority, as well as to diminish the rights of one of the parties.
1. Legal proceedings in Arbitration Court are performed on the basis of competitiveness.
2. Persons participating in case, the having the right nobility about each other arguments prior to legal proceedings. The right to produce the evidence to Arbitration Court and other party litigant is guaranteed to each person participating in case, the right to declare petitions, to make the arguments and observations, to offer explanations on all questions arising during consideration of the case connected with production of evidence is provided. Persons participating in case bear risk of approach of effects of making or non-execution of legal proceedings by them.
3. Arbitration Court, keeping independence, objectivity and impartiality, performs management of process, explains to persons participating in case, their rights and obligation, warns about effects of making or non-execution of legal proceedings by them, renders assistance in realization of their rights, creates conditions for comprehensive and complete investigation of proofs, establishments of the actual circumstances and the correct application of the laws and other regulatory legal acts when considering the case.
1. The Arbitration Court in case of trial of case shall research directly all proofs on case.
2. Proofs which were not object of research in judicial session cannot be by Arbitration Court the basis for the adopted court resolution.
1. Trial of cases in Arbitration Courts open.
2. Trial of case in the closed judicial session is allowed in cases if open trial of case can lead to disclosure of the state secret, in other cases provided by the Federal Law and also in case of satisfaction of the petition of the person participating in case and referring to need of preserving the commercial, office or protected by the law other secret.
3. Disclosure of data, components the state, commercial, office or protected by the law other secret, involves the responsibility established by the Federal Law.
4. About trial of case in the closed judicial session determination is taken out. Determination is taken out concerning all legal proceedings or its part.
5. At trial of case in the closed judicial session there are persons participating in case, their representatives, and at necessary cases and according to the procedure which are established by this Code, there are also experts, specialists, witnesses and translators.
6. Trial of case in the closed judicial session is performed with observance of rules of practice in Arbitration Courts. Use of means of audio recording, systems of video conferencing and system of web conference in the closed judicial session is not allowed.
7. Persons which are present at proceeding in open court have the right to do notes on the course of judicial session, to fix it by sound recording. Film and photographing, video, broadcast of judicial session of Arbitration Court per radio, television and on the Internet are allowed with the permission of the judge - the chairman in judicial session.
8. Court resolutions Arbitration Court appear publicly.
1. Legal proceedings in Arbitration Court are conducted in Russian - state language of the Russian Federation.
2. The Arbitration Court explains to the persons who are participating in case and not knowing Russian and provides the right to get acquainted with case papers, to participate in judicial actions, to appear in court in the native language or freely chosen language of communication and to use translation service.
1. Arbitration Courts consider cases based on the Constitution of the Russian Federation, international treaties of the Russian Federation, the Federal constitutional Laws, the Federal Laws, regulatory legal acts of the President of the Russian Federation and regulatory legal acts of the Government of the Russian Federation, regulatory legal acts of federal executive bodies, constitutions (charters), the laws and other regulatory legal acts of subjects of the Russian Federation, acts of local government bodies.
Arbitration Courts in the cases provided by the Federal Law apply business customs.
2. Arbitration Court, having established when considering the case discrepancy of regulatory legal act to other regulatory legal act having big legal force, including its edition with abuse of authority, adopts court resolution according to the regulatory legal act having big legal force.
3. If by consideration of specific case the Arbitration Court comes to conclusion about discrepancy of the law applied or which is subject to application in case in point, the Constitution of the Russian Federation the Arbitration Court appeals to the Constitutional Court of the Russian Federation with request about check of constitutionality of this law.
4. If the international treaty of the Russian Federation determines other rules, than those which are provided by the law, the Arbitration Court applies rules of the international treaty. Application of rules of international treaties of the Russian Federation in their interpretation contradicting the Constitution of the Russian Federation is not allowed. Such contradiction can be established according to the procedure, determined by the Federal constitutional Law.
5. The Arbitration Court according to the international treaty of the Russian Federation, the Federal Law, the agreement of the parties signed according to them applies regulations of foreign law. This rule does not affect action of peremptory rules of the legislation of the Russian Federation which application is regulated by the Section VI of the Civil code of the Russian Federation.
6. In cases if the disputable relations are directly not settled by the Federal Law and other regulatory legal acts or the agreement of the parties and there is no business custom, applicable to them, to such relations if it does not contradict their being, Arbitration Courts apply the rules of law governing the similar relations (analogy of the law), and in the absence of such regulations consider cases proceeding from the general beginnings and sense of the Federal Laws and other regulatory legal acts (analogy is right).
1. In case of application of regulations of foreign law the Arbitration Court establishes content of these regulations according to their official interpretation, practice of application and the doctrine in the corresponding foreign state.
2. For the purpose of establishment of content of regulations of foreign law the court can address in accordance with the established procedure for assistance and explanation in the Ministry of Justice of the Russian Federation and other competent authorities or the organizations of the Russian Federation and abroad or to involve experts.
Persons participating in case can submit the documents confirming content of regulations of foreign law to which they refer in reasons for the requirements or objections and to otherwise assist court in establishment of content of these regulations.
According to the requirements connected with implementation of business and other economic activity by the parties, the obligation of proof of content of regulations of foreign law can be assigned by court to the parties.
3. If content of regulations of foreign law, despite the measures taken according to this Article, in reasonable time is not established, the Arbitration Court applies the relevant standards of Russian law.
1. The Arbitration Court adopts court resolutions in the form of the writ, the decision, the resolution, determination.
2. The court resolution which is taken out by Arbitration Court of the first instance according to the procedure of mandative production hereinafter is referred to as as the writ.
The court resolution adopted by Arbitration Court of the first instance in case of substantive prosecution hereinafter is referred to as as the decision.
3. The court resolutions adopted by the Arbitration Appeal Courts and courts of cassation instance formed according to the Federal constitutional Law of April 28, 1995 No. 1-FKZ "About Arbitration Courts in the Russian Federation" by results of consideration appeal and writs of appeal, hereinafter are referred to as as resolutions. The court resolutions which are taken out by the Supreme Court of the Russian Federation by results of consideration of the writ of appeal, representation according to the procedure, established by Articles 291.1 - 291.15 of this Code, hereinafter are referred to as as determinations. The court resolutions adopted by Presidium of the Supreme Court of the Russian Federation by results of consideration supervising claims, representations according to the procedure, established by Articles 308.1 - 308.13 of this Code, hereinafter are referred to as as resolutions.
All other court resolutions of Arbitration Courts adopted during legal proceedings implementation hereinafter are referred to as as determinations.
4. The writs accepted by Arbitration Court, decisions, resolutions, determinations shall be legal, reasonable and motivated.
5. The court resolution, except for the act containing the data which are the state or protected by the law other secret if case is considered in the closed judicial session, can be executed in electronic form which is signed by the judge the strengthened qualified digital signature. If the court resolution is adopted by court jointly, it is signed by all judges considering case, the strengthened qualified digital signature.
In case of accomplishment of court resolution in electronic form the copy of this court resolution on paper is in addition carried out.
1. The court resolutions of Arbitration Court which took legal effect are obligatory for public authorities, local government bodies, other bodies, the organizations, officials and citizens and are subject to execution in all territory of the Russian Federation.
Requirements of Arbitration Court about production of evidence, the data and other materials, giving explanations, explanations, the conclusions and other requirements connected with case in point are also obligatory and are subject to execution by bodies, organizations and persons to whom they are addressed.
1.1. The specialized Arbitration Court for the purpose of receipt of explanations, consultations and clarification of professional opinion of the scientists, specialists and other persons having theoretical and practical knowledge on the substance of the dispute resolved by specialized Arbitration Court can send inquiries also.
Requests about giving explanations, consultations and about statement of professional opinions on the cases considered by specialized Arbitration Court are obligatory for all bodies, the organizations and persons to whom they are addressed.
Requests shall be reviewed and the answer by results of their consideration shall be sent to specialized Arbitration Court within a month from the date of receipt of these requests if other term is not specified by specialized Arbitration Court.
2. Non-execution of court resolutions, and also failure to meet requirements of Arbitration Courts involves the responsibility established by this Code and other Federal Laws.
3. Obligation of court resolutions does not deprive of persons who were not participating in case, opportunity to appeal to Arbitration Court behind protection of their rights and the legitimate interests violated by these acts by appeal of the specified acts.
4. Recognition and obligation of execution in the territory of the Russian Federation of the court resolutions accepted by foreign vessels, foreign arbitral decisions are determined by the international treaty of the Russian Federation, the Federal Law.
1. Cases in the first instance of Arbitration Court are considered by the judge solely if joint consideration of the case is not provided by this Article. Joint hearing of cases in Arbitration Court of the first instance is performed as a part of three judges or the judge and two arbitral assessors.
2. The first instance of Arbitration Court is considered by the joint list of judges:
1) ceased to be valid according to the Federal Law of the Russian Federation of 28.06.2014 No. 186-FZ
2) cases on contest of regulatory legal acts;
3) ceased to be valid
4) the cases sent in Arbitration Court of the first instance for new trial with indication of for joint consideration;
Put 5), decisions about which joint consideration are made by the chairman of judicial structure in connection with their special complexity based on the reasoned statement of the judge;
6) the cases relating to cognizance of Intellectual Property Rights Court.
3. The Arbitration Court of the first instance as a part of the judge and two arbitral assessors considers the economic disputes and other cases arising from civil and other legal relationship if any of the parties declares the petition for consideration of the case with participation of arbitral assessors.
The cases arising from administrative and other public legal relationship, and case of special proceeding are not subject to consideration with participation of arbitral assessors of case, provided by part 2 of this Article, and also.
4. Cases in Arbitration Court of appeal and cassation instances, and also according to the procedure of supervision are considered jointly as a part of three or other odd number of judges if other is not established by this Code.
In case of joint consideration of the case one of judges presides in judicial session.
5. If by this Code the judge is granted the right to solely consider cases and to resolve single procedural questions, the judge acts on behalf of Arbitration Court.
1. The structure of court for consideration of each case, including with participation of arbitral assessors, is created taking into account loading and specialization of judges by use of the automated information system. In case of impossibility of use in court of the automated information system forming of structure of court in other procedure excluding influence on its forming of persons interested in the result of legal proceedings is allowed.
2. Case which consideration is begun by one judge or structure of court shall be considered by the same judge or structure of court.
3. Replacement of the judge, arbitral assessor or one of judges, arbitral assessors is possible in case:
1) declared and satisfied according to the procedure, established by this Code, rejection or removal of the judge, the arbitral assessor;
2) long absence of the judge, the arbitral assessor in view of disease, leave, stay on study, stays on official journey.
4. Replacement of the judge, arbitral assessor is made also in cases of the termination or suspension of their powers on the bases, the established Federal Law.
5. In case of replacement of the judge, the arbitral assessor in proceedings on the reference legal proceedings shall be made from the very beginning. Making of legal proceedings in cases, being urgent, including adoption of the action for declaration or statement and initiation of proceeedings, consideration of the application about providing the claim, adjournment of legal proceedings, one judge instead of other judge according to the procedure of interchangeability is not replacement of the judge.
1. Arbitral assessors can be involved in hearing of cases in Arbitration Courts of the first instance according to this Code and other Federal Laws according to the petition of the party in connection with special complexity of case and (or) need of use of special knowledge in the field of economy, finance, management.
2. The petition for consideration of the case with participation of arbitral assessors shall contain reasons for special complexity of case and (or) need of use of special knowledge and can be declared by the party not later than one month prior to legal proceedings, including in case of each new trial of case.
The court shall explain to the parties their right to declare such petition in determination adoption of the action for declaration to production of court and by preparation of case for legal proceedings.
3. The petition for consideration of the case with participation of arbitral assessors is allowed by Arbitration Court according to the procedure, stipulated in Clause the 159th of this Code.
If the petition for consideration of the case with participation of arbitral assessors is satisfied, arbitral assessors are nominated from the list of arbitral assessors approved in the procedure established by the Federal Law taking into account their specialization, by random check with use of the automated information system or the different way applied in Arbitration Court to forming of structure of court.
4. Availability of the case provided by parts 3 and 4 of article 18 of this Code is the basis for replacement of the arbitral assessor. In this case other candidate of the arbitral assessor is determined according to the procedure, established by part 3 of this Article.
If after removal of one or several arbitral assessors it is impossible to create structure of court for consideration of the case with participation of arbitral assessors, the specified case is considered by the judge solely.
In case of absence in judicial session of one or two arbitral assessors case can be considered by the judge solely if the parties or their representatives are present at this judicial session and do not object to consideration of the case by the judge solely.
If at least one of the parties objects to consideration of the case by the judge solely, the court announces break in judicial session or postpones legal proceedings. If carrying out new judicial session is impossible owing to absence in judicial session of one or two arbitral assessors, the court according to the petition of one of the parties has the right to take out determination about consideration of the case by the judge solely and to open judicial session in the first instance.
5. When considering the case arbitral assessors have the rights and judges perform duties.
6. The judge and the arbitral assessor during the considering the case, permission of all questions arising during the considering the case and acceptance of court resolutions have the equal procedural law.
7. The arbitral assessor cannot be chairman in judicial session.
1. The questions arising when considering the case by court in joint structure are permitted by judges by a majority vote. None of judges have no right to refrain from vote. The judge - the chairman in meeting - votes the last.
2. The judge, discordant with opinion of most of the judges voting for acceptance of court resolution shall sign this court resolution and has the right to state in writing the special opinion.
The judge voting for the adopted court resolution on the substance of the question considered by court but which remained in minority during the vote on any other question or on motivation of the adopted court resolution having also the right to state in writing the special opinion.
In case of statement of the special opinion the judge has no right to report to somebody data on content of discussion in case of acceptance of court resolution, about line item of the certain judges who were part of court and otherwise to reveal secret of meeting of judges.
The special opinion of the judge shall be made in time, not exceeding five days from the date of decision making on case. The special opinion of the judge joins case papers, but is not disclosed.
1. The judge cannot be involved in consideration of the case and is subject to branch if it:
1) by the previous consideration of this case participated in it as the judge and his repeated participation in consideration of the case according to requirements of this Code is inadmissible;
2) by the previous consideration of this case participated in it as the prosecutor, the assistant judge, the court session secretary, the representative, the expert, the specialist, the translator or the witness;
3) by the previous consideration of this case participated in it as the judge of foreign court, reference tribunal or arbitration;
3. 1) was judicial conciliator on this case;
4) is relative of person participating in case or his representative;
5) personally, it is directly or indirectly interested in the outcome of the case or there are other circumstances which can raise doubts in his impartiality;
6) is or earlier was in job or other dependency from the face, participating in case, or his representative;
7) made public statements or gave assessment on the substance of case in point.
1.1. Information availability about the extra procedural address which arrived in Arbitration Court on the case which is in production of the judge of Arbitration Court in itself cannot be considered as the basis for removal of the judge of Arbitration Court.
2. Persons who are relatives cannot enter into structure of the Arbitration Court considering case.
3. On the bases provided by part of 1 this Article, branch also arbitral assessor is subject.
1. The judge who was involved in consideration of the case in Arbitration Court of the first instance cannot participate in consideration of this case in courts of appeal and cassation instances, and also according to the procedure of supervision.
2. The judge who was involved in consideration of the case in Arbitration Appeal Court cannot participate in consideration of this case in courts of the first and cassation instances, and also according to the procedure of supervision.
3. The judge who was involved in consideration of the case in Arbitration Court of cassation instance cannot participate in consideration of this case in Trial and Appeal Courts, and also according to the procedure of supervision.
4. The judge who was involved in consideration of the case according to the procedure of supervision cannot participate in consideration of this case in courts of the first, appeal and cassation instances.
1. The assistant judge, the court session secretary, the expert, the specialist, the translator cannot be involved in consideration of the case and are subject to branch on the bases, stipulated in Article 21 of this Code.
The basis for removal of the expert is also carrying out audit or check which materials became reason for the appeal to Arbitration Court by it or are used when considering the case.
2. Participation of the assistant judge, court session secretary, expert, specialist, translator in the previous consideration of this case by Arbitration Court as respectively assistant judge, the court session secretary, the expert, the translator is not the basis for their branch. Participation of the court session secretary in the previous consideration of this case by Arbitration Court as the assistant judge or participation of the assistant judge in the previous consideration of this case by Arbitration Court as the court session secretary is not the basis for their branch.
1. In the presence of the bases specified in Articles 21 - 23 of this Code, the judge, the arbitral assessor, the assistant judge, the court session secretary, the expert, the specialist, the translator shall declare rejection. On the same bases branch can be declared by persons participating in case. Branch to the assistant judge, the court session secretary, the expert, the specialist, the translator can be considered also at the initiative of court.
2. Rejection or branch shall be motivated and declared prior to substantive prosecution.
During consideration of the case the statement for rejection or for branch is allowed only if the basis of rejection or branch became known to person declaring rejection or branch after the beginning of substantive prosecution.
3. The repeated application for branch on the same bases cannot be submitted by the same person.
1. In case of the statement of branch the Arbitration Court hears opinion of persons participating in case and also faces to which branch is declared if taken away wishes to offer explanations.
2. The question of removal of the judge considering case solely is allowed by the same judge.
3. The question of removal of the judge when considering the case in joint structure is resolved by the same structure of court by a majority vote in the absence of the judge to whom branch is declared. In case of equal poll, given for branch and against branch, the judge is considered taken away.
The question of the branch declared to several judges or all structure of court considering case is allowed by all judges considering case, by a simple majority vote.
4. The question of removal of the assistant judge, the court session secretary, the expert, the specialist, translator is allowed by the structure of court considering case.
5. By results of consideration of question of rejection or about branch determination is taken out.
1. The judge who declared rejection and also the judge concerning whom the application for branch is granted is replaced with other judge.
2. In case of allowance of the application about rejection or about removal of the judge, either several judges, or all structure of court case is considered in the same Arbitration Court, but in other list of judges.
3. If as a result of satisfaction of rejections and branches it is impossible to create new structure of court for consideration of this case in the same Arbitration Court, the case is submitted to other Arbitration Court of the same level according to the procedure, stipulated in Clause the 39th of this Code.
1. The Arbitration Court considers cases on economic disputes and the another matters connected with implementation of business and other economic activity.
2. Arbitration Courts resolve economic disputes and consider other cases with participation of the organizations, being legal entities, the citizens performing business activity without formation of legal entity and having the status of the individual entrepreneur acquired in the procedure established by the law (further - individual entrepreneurs), and in the cases provided by this Code and other Federal Laws with participation of the Russian Federation, subjects of the Russian Federation, municipalities, state bodies, local government bodies, other bodies, officials, the educations which do not have the status of the legal entity and the citizens who do not have the status of the individual entrepreneur (further - the organizations and citizens).
3. Other cases also can be referred to competence of Arbitration Courts by the Federal Law.
4. The statement adopted by Arbitration Court to the production with observance of rules of competence shall be considered by it in essence, at least further in case the citizen who does not have the status of the individual entrepreneur as the third party who is not declaring independent requirements concerning matter in issue will be recruited.
5. Arbitration Courts consider the cases which are within their competence with participation of the Russian organizations, citizens of the Russian Federation, and also the foreign organizations, international organizations, foreign citizens, the stateless persons performing business activity, the organizations with foreign investments if other is not provided by the international treaty of the Russian Federation.
6. Irrespective of whether are participants of legal relationship from which there were dispute or the requirement, legal entities, individual entrepreneurs or other organizations and citizens, Arbitration Courts consider cases:
1) about insolvency (bankruptcy);
2) on the disputes specified in Article 225.1 of this Code;
3) on disputes on refusal in state registration, evasion of state registration of legal entities, individual entrepreneurs;
4) on the disputes following from the activities of depositaries connected taking into account share rights and other securities and with implementation of other rights and obligations provided by the Federal Law;
5) on the disputes following from activities of the public companies, state-owned companies, state corporations and connected with their legal status, procedure for management of them, their creation, reorganization, liquidation, the organization and with powers of their bodies, responsibility of persons entering into their bodies;
6) on disputes on protection of the intellectual rights with participation of the organizations exercising collective control of copyright and related rights and also for the disputes carried to cognizance of Intellectual Property Rights Court according to part 4 Articles 34 of this Code;
7) about protection of goodwill in the field of business and other economic activity;
7. 1) on the disputes specified in Article 248.1 of this Code;
8) the another matters arising when implementing business and other economic activity in the cases provided by the Federal Law.
7. In case of the appeal to Arbitration Court with the statement containing several requirements connected among themselves from which one are jurisdictional to Arbitration Court others - to court of law if separation of requirements is impossible, case is subject to consideration and permission in court of law. If separation of requirements is possible, the judge takes out determination about adoption of requirements, cognizable to Arbitration Court, and about return of the statement regarding requirements, cognizable to court of law.
Arbitration Courts consider according to the procedure of claim production the economic disputes and another matters connected with implementation of business and other economic activity by legal entities and individual entrepreneurs arising from civil legal relationship, and in the cases provided by this Code and other Federal Laws, other organizations and citizens, except for the cases considered by the Moscow city court according to part three of article 26 of the Civil Procedure Code of the Russian Federation.
1. Arbitration Courts consider according to the procedure of administrative legal proceedings the economic disputes and other cases connected with implementation by the organizations and citizens of business and other economic activity arising from administrative and other public legal relationship:
1) ceased to be valid according to the Federal Law of the Russian Federation of 30.12.2012 No. 317-FZ;
1. 1) about contest of regulatory legal acts of federal executive bodies if consideration of such cases according to this Code is referred to competence of Intellectual Property Rights Court;
1. 2) about contest of the acts of the federal executive bodies which are containing explanations of the legislation and having normative properties if consideration of such cases according to this Code is referred to competence of Intellectual Property Rights Court;
2) about contest affecting the rights and legitimate interests of the applicant in the field of business and other economic activity of substandard legal acts, decisions and actions (failure to act) of state bodies, local government bodies, other bodies, the organizations allocated with the Federal Law separate state or other public powers, officials;
3) about administrative offenses if their consideration is referred by the Federal Law to competence of Arbitration Court;
4) about collection from the organizations and the citizens performing business and other economic activity, obligatory payments, sanctions if the Federal Law does not provide other procedure for their collection;
5) the another matters arising from administrative and other public legal relationship if their consideration is referred by the Federal Law to competence of Arbitration Court.
2. Voided according to the Federal Law of the Russian Federation of 30.12.2012 No. 317-FZ
Arbitration Courts consider according to the procedure of special proceeding cases on establishment of the facts having legal value for origin, change and the termination of the rights of the organizations and citizens in the field of business and other economic activity.
Arbitration Courts consider according to Chapter 30 of this Code of case:
1) about contest of decisions of reference tribunals on the disputes arising when implementing business and other economic activity;
2) about issue of writs of execution on forced execution of decisions of reference tribunals on the disputes arising when implementing business and other economic activity;
3) about rendering assistance to reference tribunals on the disputes arising when implementing business and other economic activity.
Arbitration Courts consider according to Chapter of 31 of this Code of case on recognition and carrying out of foreign judgements and foreign arbitral decisions on the disputes arising when implementing business and other economic activity.
1. The disputes between the parties of the civil relations which are subject to consideration by Arbitration Courts according to this Code can be submitted reference tribunal in the presence between the parties of dispute of the existing arbitral agreement.
2. Cannot be submitted reference tribunal subject to consideration by Arbitration Courts according to this Code:
1) the disputes provided by Items 1, of 3, 6 parts 6 of article 27 of this Code;
2) the disputes provided by the Section III of this Code;
3) the disputes provided by Chapters 27, 27.1 and 28.2 of this Code;
4) the disputes provided by Items 1 - 5 parts 2 of Article 225.1 of this Code;
5) the disputes arising from the relations regulated by the legislation of the Russian Federation on privatization of the state-owned and municipal property;
6) the disputes arising from the relations regulated by the legislation of the Russian Federation on contractual system in the field of purchases of goods, works, services for ensuring the state and municipal needs;
7) the disputes arising from the relations connected with indemnification, caused to the environment;
8) other disputes in the cases which are directly provided by the Federal Law.
1. The cases which are within the competence of Arbitration Courts are considered in the first instance by Arbitration Courts of the republics, edges, areas, federal cities, the autonomous region, autonomous areas (further - Arbitration Courts of subjects of the Russian Federation), except for the cases referred to cognizance of Intellectual Property Rights Court and Arbitration Courts of districts.
2. Voided according to the Federal Law of the Russian Federation of 28.06.2014 No. 186-FZ
3. Arbitration Courts of districts consider as Trial Court applications for award of compensation for violation of the right to legal proceedings in reasonable time or the rights to execution of the court ruling in reasonable time.
4. The Intellectual Property Rights Court as Trial Court considers:
1) cases on contest of regulatory legal acts of federal executive bodies in the field of patent laws and the rights to selection achievements, the rights to topology of integral chips, the right to know-how (know-how), the rights to means of individualization of legal entities, goods, works, services and the companies, right to use of results of intellectual activities as a part of single technology;
1. 1) cases on contest of acts of federal executive bodies in the field of patent laws and the rights to selection achievements, the rights to topology of integral chips, the right to know-how (know-how), the rights to means of individualization of legal entities, goods, works, services and the companies, the rights to use of the results of intellectual activities as a part of single technology which are containing explanations of the legislation and having normative properties;
2) cases on disputes on provision or the termination of legal protection of results of intellectual activities and the means of individualization of legal entities, goods, works, services and the companies equated to them (except for objects of copyright and related rights, topology of integral chips), including:
about contest of substandard legal acts, decisions and actions (failure to act) of federal executive body on intellectual property, federal executive body on selection achievements and their officials, and also the bodies authorized by the Government of the Russian Federation to consider requests for patent grant for confidential inventions;
about contest of decisions of federal antimonopoly authority on recognition by unfair competition of the actions connected with acquisition of right of exclusive right at the expense of individualization of the legal entity, goods, works, services and the companies;
about establishment of the patentee;
about recognition invalid the patent for the invention, useful model, industrial design or selection achievement, the decision on provision of legal protection to the trademark, the name of the place of goods origin and about provision of exclusive right on such name if the Federal Law does not provide other procedure for their recognition by invalid;
about early termination of legal protection of the trademark owing to its non-use.
The claim is made in Arbitration Court of the subject of the Russian Federation to the address or the residence of the defendant.
1. The claim to the defendant, the location or the residence of which is unknown, can be shown in Arbitration Court in the location of its property or in its last known location or the residence in the Russian Federation.
2. The claim to the defendants who are or living in the territories of different subjects of the Russian Federation is shown in Arbitration Court to the address or the residence of one of defendants.
3. The claim to the defendant who is or living in the territory of foreign state can be shown in Arbitration Court in the location in the territory of the Russian Federation of property of the defendant.
4. The claim following from the agreement in which the place of its execution is specified can be shown also in Arbitration Court in the place of agreement performance.
5. The claim to the legal entity following from the activities of its branch, representation located out of the location of the legal entity can be shown in Arbitration Court to the address of the legal entity or his branch, representation.
6. Indemnification claims, the courts caused by collision, collection of remuneration for assistance and rescue at the sea can be shown in Arbitration Court in the location of the vessel of the defendant or vessel's home port of the defendant or in the place of causing losses.
7. The choice between Arbitration Courts to which according to this Article case is jurisdictional belongs to the claimant.
The cognizance established by Articles 35 and 36 of this Code can be changed by agreement of the parties before adoption of the statement by Arbitration Court to the production.
1. Claims for the rights to real estate are made in Arbitration Court in the location of this property.
2. Claims for the rights on sea and aircrafts, inland navigation vessels, space objects are shown in Arbitration Court in the place of their state registration.
3. The claim to carrier following from the transportation agreement of loads, passengers and their baggage including if the carrier is one of defendants, is shown in Arbitration Court in the location of carrier.
3.1. The claim for dispute in which person participating in case is the Arbitration Court is shown in Arbitration Court of the Moscow region, except for case if person participating in case is the Arbitration Court located in the territory of the Moscow judicial district. In this case the claim is made in Arbitration Court of the Tver region.
4. The application for recognition of the debtor by the bankrupt is submitted to Arbitration Court to the debtor's address.
4.1. The action for declaration or the statement on the dispute specified in Article 225.1 of this Code moves in Arbitration Court to the address of the legal entity specified in Article 225.1 of this Code.
5. The statement for establishment of the facts having legal value moves in Arbitration Court to the address or the residence of the applicant, except for statements for establishment of the facts having legal value for origin, change or the termination of the rights to real estate which is filed a lawsuit in the location of real estate.
6. The statement for contest of decisions and actions (failure to act) of the judicial police officer-contractor moves in Arbitration Court in the location of the judicial police officer-contractor.
The statement for contest of the decision of Federal Bailiff Service made in the automatic mode moves in Arbitration Court in the place of making of executive actions or applications of measures of forced execution or in the place of maintaining enforcement proceeding in which the disputed decision is made.
6.1. Claims for protection of the rights and legitimate interests of group of persons move to the defendant's address.
7. Statements on disputes between the Russian organizations which are performing activities or having property in the territory of foreign state move in Arbitration Court in the place of state registration in the territory of the Russian Federation of the defendant organization.
Statements on disputes between the Russian organizations which are performing activities or having property in the territory of foreign state and not having state registration in the territory of the Russian Federation move in Arbitration Court of the Moscow region.
8. Ceased to be valid
8.1. The statement for cancellation of decisions of the reference tribunals and the international commercial arbitrations accepted in the territory of the Russian Federation moves in Arbitration Court of the subject of the Russian Federation in the territory of which the decision of reference tribunal is made. By agreement of the parties arbitration the application for cancellation of the decision of reference tribunal can be submitted to Arbitration Court of the subject of the Russian Federation to the address of one of the parties of arbitration.
9. The statement for issue of writ of execution on forced execution of decisions of the reference tribunals and international commercial arbitrations accepted in the territory of the Russian Federation and also the statement for recognition and carrying out of foreign judgements and foreign arbitral decisions moves in Arbitration Court of the subject of the Russian Federation to the address or the residence of the debtor or if its address or residence it is unknown, in the location of property of the debtor - the parties of arbitration. By agreement of the parties arbitration the application for issue of writ of execution for forced execution of the decision of reference tribunal can be submitted to Arbitration Court of the subject of the Russian Federation in the territory of which the decision of reference tribunal, or in Arbitration Court of the subject of the Russian Federation to the address or the residence of the party of arbitration for benefit of which the decision of reference tribunal is made is made.
9.1. The statement for accomplishment by Arbitration Court of the functions of assistance in the relation of reference tribunal specified regarding the 2nd Article 240.1 of this Code moves in Arbitration Court of the subject of the Russian Federation in the territory of which the corresponding arbitration is carried out.
9.2. The statement of the interested person for objections against the foreign judgment or the foreign arbitral decision which are not requiring forced execution moves in Arbitration Court of the subject of the Russian Federation to the address or the residence of the interested person or the location of its property and if the interested person does not take the residence, the address, property in the Russian Federation, in Arbitration Court of the city of Moscow.
10. The counter claim irrespective of its cognizance is made in Arbitration Court in the place of consideration of the original action.
1. The case accepted by Arbitration Court to the production with observance of rules of cognizance shall be considered by it in essence, at least further it became cognizable to other court.
2. The Arbitration Court submits case of other Arbitration Court of the same level if:
1) the defendant, the address or the residence of which it was not known earlier, will declare the petition for case referral in Arbitration Court to its address or the residence;
2) both parties declared the petition for consideration of the case on the location of the majority of proofs;
3) when considering the case in court it became clear that it was accepted to production with cognizance abuse of regulations;
4) when considering the case in court it was determined that person participating in case is the same Arbitration Court;
5) after removal of one or several judges or for other reasons it is impossible to create structure of court for consideration of this case.
3. Case the Arbitration Court submits case to stipulated in Item 4 parts 2 of this Article of other of this Code of Arbitration Court determined according to part 3.1 of article 38.
4. If when considering the case in Arbitration Court it became clear that it is subject to consideration by court of law, the Arbitration Court submits the case to the Supreme Court of the republic, regional, regional court, court of the federal city, court of the autonomous region or court of the autonomous area of the same subject of the Russian Federation for the direction it in court of law to which cognizance it is carried by the law.
5. By results of consideration by Arbitration Court of question of case referral determination which can be appealed in Arbitration Appeal Court in ten-day time from the date of its removal is submitted for consideration of other Arbitration Court or court of law. The claim to this determination is considered without challenge of the parties in five-day time from the date of its receipt in court. Case and determination go to Arbitration Court or court of law after the term provided for appeal of this determination, and in case of submission of the claim - after adoption of the court order about leaving of the claim without satisfaction.
6. The case directed from one Arbitration Court to other Arbitration Court or from Arbitration Court in court of law shall be taken cognizance by court to which it is directed. Disputes on cognizance between courts in the Russian Federation are not allowed.
Persons participating in case are:
parties;
applicants and interested persons - for special proceeding, on insolvency matters (bankruptcy) and in other cases provided by this Code;
third parties;
the prosecutor, state bodies, local government bodies, other bodies and the organizations, the citizens who appealed to Arbitration Court in the cases provided by this Code.
1. Persons participating in case have the right to get acquainted with case papers, to do statements of them, to make copies; declare branches; produce the evidence and get acquainted with the evidence produced by other persons participating in case prior to legal proceedings; participate in research of proofs; ask questions to other participants of arbitral procedure, declare petitions, make statements, offer explanations for Arbitration Court, give the arguments on all questions arising during consideration of the case; get acquainted with the petitions declared by other persons, object to petitions, arguments of other persons participating in case; know about the complaints made by other persons participating in case know about the court resolutions adopted on this case and to receive the court resolutions adopted in the form of separate documents, and their copy according to the procedure, provided by this Code; get acquainted with special opinion of the trial judge; appeal court resolutions; have other procedural law granted to them by this Code and other Federal Laws. In the presence in Arbitration Court of technical capability access to case papers in electronic form on the Internet by means of the information system determined by the Supreme Court of the Russian Federation, Judicial department under the Supreme Court of the Russian Federation can be provided to persons participating in case.
Persons participating in the case having also the right to bring documents in electronic form into Arbitration Court, including in form of an electronic document, signed by the digital signature according to the procedure, established by the legislation of the Russian Federation.
2. Persons participating in case shall have honesty all procedural law belonging to them.
Abuse of procedural law of persons participating in case involves the adverse effects provided by this Code for these persons.
3. Persons participating in case perform the procedural duties provided by this Code and other Federal Laws or assigned to them by Arbitration Court according to this Code.
Non-execution of procedural obligations by persons participating in case involves the effects provided by this Code for these persons.
Persons who were not participating in case about whose rights and about obligations the Arbitration Court adopted court resolution had the right to appeal this court resolution, and also to dispute it according to the procedure of supervision by the rules established by this Code. Such persons have the rights and perform duties of persons participating in case.
1. Capability have procedural law and perform procedural duties (standing in court) is recognized equally behind all organizations and citizens having according to the Federal Law rights to judicial protection in Arbitration Court of the rights and legitimate interests.
2. Capability the actions to perform procedural law and to fulfill procedural duties (procedural capacity to act) belongs in Arbitration Court to the organizations and citizens.
3. The rights and legitimate interests of incapacitated citizens are protected in arbitral procedure by their legal representatives - parents, adoptive parents, guardians or custodians.
1. The parties in arbitral procedure are the claimant and the defendant.
2. Claimants are the organizations and the citizens who made the claim in protection of the rights and legitimate interests.
3. Defendants are the organizations and citizens to whom the claim is made.
4. The parties have the equal procedural law.
1. Applicants are the organizations and the citizens appealing to Arbitration Court with statements in the cases provided by this Code and other Federal Law and entering arbitral procedure according to these statements.
2. Applicants have procedural law and perform procedural obligations of the Party if other is not provided by this Code.
1. The claim can be made in Arbitration Court jointly by several claimants or to several defendants (procedural partnership).
2. Procedural partnership is allowed if:
1) matter in issue are common laws and (or) obligations of several claimants or defendants;
2) the rights and (or) obligations of several claimants or defendants have one basis;
3) matter in issue are the homogeneous rights and obligations.
3. Each of claimants or defendants in relation to other party acts in process independently. Accomplices can charge conducting case by one or several of them.
4. Co-plaintiffs can go into action before acceptance of court resolution with which substantive prosecution in Arbitration Court of the first instance comes to an end.
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