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

of April 30, 2009 No. 34

About application by Arbitration Courts of part 3.1 of Article 38 and item 4 of part 2 of Article 39 of the Arbitral Procedure Code of the Russian Federation

For the purpose of ensuring uniformity in application by Arbitration Courts of provisions of part 3.1 of Article 38 and item 4 of part 2 of Article 39 of the Arbitral Procedure Code of the Russian Federation (in edition of the Federal Law of July 22, 2008 N 138-FZ) based on article 13 of the Federal constitutional Law "About Arbitration Courts in the Russian Federation" Plenum of the Supreme Arbitration Court of the Russian Federation decides to make the following explanations.

1. According to part 3.1 of Article 38 of the Arbitral Procedure Code of the Russian Federation (further - the AIC of the Russian Federation) the claim for dispute in which one of the parties is the Arbitration Court is shown in Arbitration Court of the Moscow region, except for case if one of the parties in dispute 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.

According to part item 4 2 Articles of 39 AIC of the Russian Federation the Arbitration Court submits case of other Arbitration Court of the same level if when considering the case in court it was determined that one of the parties in dispute is the same Arbitration Court.

2. Owing to part 2 Articles of 50 AIC of the Russian Federation the third parties declaring independent requirements concerning matter in issue have the rights and perform the claimant's duties, and the third parties who are not declaring independent requirements concerning matter in issue, according to part 2 Articles of 51 AIC of the Russian Federation have procedural law and perform procedural obligations of the Party, except as specified, of the provided AIC of the Russian Federation.

With respect thereto if the Arbitration Court which adopted the statement to the production will be recruited further in case in quality of the third party, such case is subject to transfer for consideration of other Arbitration Court determined by rules of part 3.1 Articles of 38 AIC of the Russian Federation.

 

Chairman of the Supreme Arbitration Court of the Russian Federation

A. A. Ivanov

Secretary Plenuma of the Supreme Arbitration Court of the Russian Federation

T. V. Zavyalova

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