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ARBITRAL PROCEDURE CODE OF THE RUSSIAN FEDERATION

of July 24, 2002 No. 95-FZ

(The last edition from 25-12-2018)

Accepted by the State Duma of the Russian Federation on June 14, 2002

Approved by Council of the Russian Federation on July 10, 2002

Section I. General provisions

Chapter 1. Basic provisions

Article 1. Justice implementation by Arbitration Courts

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.

Article 2. Legal proceedings tasks 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 forming of customs and ethics of business conduct.

Article 3. The legislation on legal proceedings in Arbitration Courts

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.

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).

Article 4. Right to the appeal to Arbitration Court

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.

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