of February 17, 2011 No. 12
About some questions of application of the Arbitral Procedure Code of the Russian Federation in edition of the Federal Law of 27.07.2010 No. 228-FZ "About modification of the Arbitral Procedure Code of the Russian Federation"
Due to the adoption of the Federal Law of 27.07.2010 N 228-FZ "About modification of the Arbitral Procedure Code of the Russian Federation" and for the purpose of ensuring the correct and uniform application by Arbitration Courts of provisions of the Arbitral Procedure Code of the Russian Federation (further - the AIC of the Russian Federation, the Code) the Plenum of the Supreme Arbitration Court of the Russian Federation, being guided by article 13 of the Federal constitutional Law "About Arbitration Courts in the Russian Federation", decides to make to Arbitration Courts the following explanations.
General and transitional provisions
1. In case of permission of question of what rules should be applied after entry into force of the Federal Law of 27.07.2010 N 228-FZ "About modification of the Arbitral Procedure Code of the Russian Federation" by hearing of cases on which production is already initiated by Arbitration Court, it is necessary to proceed from part provision 4 Articles of 3 AIC of the Russian Federation according to which legal proceedings in Arbitration Courts are performed according to the Federal Laws existing during the dispute resolution and consideration of the case, making of separate legal proceeding including by submission of the relevant documents, or execution of the court ruling.
Therefore, the cases which are in production of Arbitration Courts of the first, appeal and cassation instances and are not considered by them till 01:11. 2010, from 01.11.2010 are considered by new rules, including regarding judicial notices, making of other legal proceedings.
2. According to part of 1 Article of 41 AIC of the Russian Federation of person, participating in the case having the right to bring documents in electronic form, to fill in the document forms into Arbitration Court posted on the official site of Arbitration Court on the Internet, according to the procedure, established within the powers by the Supreme Arbitration Court of the Russian Federation.
The procedure for submission of documents in Arbitration Courts in electronic form affirms the order of the Supreme Arbitration Court of the Russian Federation. Documents in electronic form can be filed to Arbitration Court only by the methods determined by this procedure.
In case of application of the provisions of the Code providing possibility of filling of the forms posted on the official site of Arbitration Court on the Internet, submissions of documents to Arbitration Court in electronic form (in particular, parts of 1 Article 125, speak rapidly 2 Articles 126, of part of 1 Article 131, of part of 1 Article 159, of parts 1 and 4 of Article 260, of part 4 Articles 262, of parts 1 and 5 of Article 277, of part 4 Articles 279, of parts 1 and 3 of Article 294, of part 4 Articles 297, of parts 1 and 5 of Article 313), courts need to proceed from the following.
Resolving issue of adoption of the corresponding appeal to production, the court establishes whether it conforms to the formal requirements imposed by the Code to its form and content (Articles 125, 126 agrarian and industrial complexes of the Russian Federation). With respect thereto the judge performs preliminary verification of the data containing in the address including checks whether this appeal is signed and whether the signature belongs to the authorized person. In case of non-compliance with the established requirements 2 Articles 127, of part of 1 Article of 128 AIC of the Russian Federation are subject to application of provision of part.
During consideration of the case the court establishes whether the action for declaration (the statement, the claim) which arrived in court in electronic form is valid is given by person which signed it. The court by preparation of case for legal proceedings can offer to be to this person for the purpose of confirmation of the specified circumstance in preliminary judicial session, judicial session or to bring the original of the document filed by it in time established by court into court. The fact of signing of the document which arrived in court in electronic form the given his face can be also established by court based on other documents submitted by this person. If this circumstance as a result of the measures taken by court does not prove to be true, the court leaves the corresponding address without consideration based on Item 7 parts of 1 Article of 148 AIC of the Russian Federation.
At the same time, as appears from part 3 Articles of 75 AIC of the Russian Federation, court can demand submission of originals of written proofs if copies of such proofs were provided in electronic form.
As the Code does not provide submission in electronic form of the statement for providing the claim, statement for ensuring valuable interests (Articles 92, 99), the petition for suspension of execution of court resolutions (Articles 283, of 298), such statement (petition) can be filed a lawsuit only on paper. The petition for providing the claim stated in the action for declaration submitted according to part of 1 Article of 125 AIC of the Russian Federation by means of filling of the form posted on the official site of Arbitration Court on the Internet is considered not given to Arbitration Court, at the same time in determination about adoption of the action for declaration (statement) it is specified that such petition can be submitted only on paper.
3. As appears from Item 9 parts of 1 Article of 126 AIC of the Russian Federation, data on the location or the residence of the claimant and the defendant and (or) acquisition of the status of the individual entrepreneur by physical person or the termination of activities by physical person as the individual entrepreneur are confirmed by the extract from the Unified State Register of Legal Entities or the Unified State Register of Private Entrepreneurs or other document confirming availability of these data or lack of those which is certified properly.
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