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

of August 18, 1992 No. 12/12

About some questions of jurisdiction put to courts and Arbitration Courts

For the purpose of providing the correct and uniform solution of question of jurisdiction of cases on the disputes and claims arising in the course of business activity and following from civil legal relationship or legal relationship in the field of management and also for the purpose of prevention of cases of unreasonable refusal in justice the Plenum of the Supreme Court of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation decide:

1. Jurisdiction of the declared requirement to court or Arbitration Court is determined according to their competence established by legal acts of the Russian Federation.

In cases when in the legal act jurisdiction is determined alternatively (to court or Arbitration Court) or when there is specifying about consideration of the requirement judicially, it is necessary to be guided by the same rule, proceeding at the same time from the subject list of participants and nature of legal relationship if other is not provided by the law.

Competence of Arbitration Court is determined by the Law of the Russian Federation "About Arbitration Court" and the Arbitral Procedure Code of the Russian Federation. Permission of the economic disputes specified in Art. 20 of the Arbitral Procedure Code of the Russian Federation between the companies, organizations, the organizations, irrespective of departmental accessory and subordination (including kolkhozes), the being legal entities (further - the organizations), citizens entrepreneurs, and also the disputes in the field of management listed in Art. 22 of the same Code is carried to jurisdiction of Arbitration Court. At the same time it is necessary to consider that the initiative independent activities of citizens and their associations directed to profit earning or other income, performed on the risk and under the property responsibility are recognized entrepreneurial. The citizen acquires the status of the entrepreneur by state registration according to the Law of the Russian Federation "About the registration fee from the physical persons who are engaged in business activity". The document confirming availability of the similar status is the certificate on state registration.

The Arbitration Court has the right to consider dispute with participation of state governing bodies, and also the organizations, not being legal entities if it is established by legal acts.

Disputes between the parties, one of which is in the territory of other state, are also subordinated to Arbitration Court if it is provided by the interstate agreement, the international treaty or the agreement of the parties, and also disputes with participation of the organizations with foreign investments if it is provided by the interstate agreement or the agreement of the parties.

2. In particular, disputes are subordinated to Arbitration Court:

a) about appeal of refusal in state registration or evasion from state registration at the scheduled time of the organization or business activity of citizens, except refusal in state registration of the company with foreign investments, and also about claiming damages, suffered as a result of illegal refusal in registration of the company (Art. 22 of the Arbitral Procedure Code of the Russian Federation, Art. 35 of the Law RSFSR "About the companies and business activity in RSFSR", Art. 18 of the Law RSFSR "About foreign investments in RSFSR");

b) about recognition invalid decisions on registration of the companies, except the disputes carried to competence of court;

c) about recognition invalid constituent documents of the company if this company underwent state registration;

d) about recognition invalid constituent documents of the company (which did not undergo state registration) if founders and other disputing parties are legal entities or citizens entrepreneurs;

e) about recognition invalid acts of the state and other bodies of liquidation and reorganization of the companies if by legal acts it is not determined that the dispute is considered by court;

e) in connection with allocation and separation of the companies, except the disputes carried to competence of court;

g) in connection with recognition of the company which is not fulfilling the obligations on calculations, insolvent (bankrupt);

h) about reclamation of property from others adverse possession and about noise elimination to ownership in cases when owner and person who, according to the owner, violated its rights is the organization, and also the citizen entrepreneur if the dispute arose concerning the property necessary for it for implementation of business activity;

i) in connection with protection of interests of the owner in case of the termination of its rights on the bases provided by the law if owner is the organization or the citizen entrepreneur and the property is necessary for implementation of business activity;

j) in claims of local councils of People's Deputies and local administration for recognition invalid acts of state bodies, local government bodies, being legal entities, the companies, organizations, the organizations, public associations violating the rights and legitimate interests of the local councils and citizens living in this territory;

k) about indemnification, caused to peasant farm as a result of actions of the state and other bodies which violated its rights and also owing to inadequate implementation of stipulated by the legislation obligations by such bodies in relation to peasant farm as its activities are entrepreneurial.

3. Civil cases, including, specified in Item 2 of this resolution, are subject to consideration in court if at least one of the parties is the citizen who does not have the status of the entrepreneur or in case the citizen has such status, but case arose not in connection with implementation of business activity by it, or consolidation of citizens, not being the legal entity, or the local government body which does not have the status of the legal entity.

Cases on the disputes arising from transportation agreements of loads in through international railway and air freight traffic between the companies, organizations, the organizations, on the one hand, and bodies of rail and air transport, on the other hand, following from the corresponding international treaties (Art. 25 of the Civil pretsessualny code of RSFSR) are subordinated to courts.

In courts disputes of foreign investors and the companies with foreign investments with state bodies of the Russian Federation, the companies, public organizations and other legal entities of the Russian Federation, disputes between investors and the companies with foreign investments for the questions connected with their economic activity and also disputes between members of the company with foreign investments and such company are considered, except cases when by agreement of the parties or according to the interstate agreement dispute подведомствен to Arbitration Court or when their jurisdiction is specially determined by the legislation.

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