ORDER OF THE MINISTRY OF JUSTICE OF THE RUSSIAN FEDERATION

of July 13, 2016 No. 165

About Council for arbitration enhancement

According to the Federal Law of December 29, 2015 No. 382-FZ "About arbitration (arbitration) in the Russian Federation" (The Russian Federation Code, 2016, 1, of the Art. 2) I order to No.:

1. Approve the enclosed Regulations on procedure for creation and activities of Council for arbitration enhancement.

2. To impose control of execution of this order on the deputy minister M. L. Galperin.

3. This order becomes effective since September 1, 2016.

Approved by the Order of the Ministry of Justice of the Russian Federation of July 13, 2016 No. 165

Regulations on procedure for creation and activities of Council for arbitration enhancement

I. General provisions

1. Council on arbitration enhancement (further - Council) is created according to the Federal Law of December 29, 2015 No. 382-FZ "About arbitration (arbitration) in the Russian Federation".

2. Council is created under the Ministry of Justice of the Russian Federation.

3. Council in the activities is guided by the Constitution of the Russian Federation, the Federal Laws and other regulatory legal acts of the Russian Federation, and also this Provision.

II. Main objective, functions and powers of Council

4. The main objective of Council is assistance to creating favorable conditions for development of institute of independent and professional arbitration (arbitration) in the Russian Federation.

5. Council for the purpose of accomplishment of the main objective assigned to it performs the following functions:

1) the practician in the field of arbitration (arbitration) participates in identification, generalization, distribution and support of the best Russian and international;

2) renders information and scientific and expert assistance to the Ministry of Justice of the Russian Federation when implementing its powers on regulation in the field of arbitration (arbitration), participates in monitoring of law enforcement in the specified sphere;

3) considers projects of the regulatory legal acts concerning arbitration (arbitration), prepares offers for the Ministry of Justice of the Russian Federation on project development of regulatory legal acts in the specified sphere;

4) prepares recommendations for the Government of the Russian Federation about provision or about refusal in provision to non-profit organizations under which permanent arbitration institutions, to foreign arbitral organizations of the right to implementation of functions of permanent arbitration institution are created;

Represents 5) to the Ministry of Justice of the Russian Federation of the recommendation about determination of the list of scientific specialties on which academic degrees shall be awarded at least 1/3 arbitrators included in the recommended list of arbitrators of permanent arbitration institution;

6) renders assistance to the Ministry of Justice of the Russian Federation in consideration of appeals of non-profit organizations in case of which permanent arbitration institutions, permanent arbitration institutions, foreign arbitral organizations and other persons concerning application of the legislation on arbitration (arbitration) are created;

7) at the request of the Ministry of Justice of the Russian Federation represents recommendations of removal (not removal) of non-profit organization in case of which the permanent arbitration institution, or to foreign arbitral organization of the instruction about acceptance by non-profit organization or foreign arbitral organization of the decision on the termination of activities of permanent arbitration institution in the cases provided by the Federal Law of December 29, 2015 No. 382-FZ "About arbitration (arbitration) in the Russian Federation" is created;

8) generalizes practice of consideration by Council of the documents submitted for review of question of issue of the recommendation to the Government of the Russian Federation of provision or about refusal in provision of the right to implementation of functions of permanent arbitration institution.

6. Council for implementation of the functions provided by this Provision has the right:

To request 1) from non-profit organizations under which permanent arbitration institutions, public authorities and local government bodies, other organizations the documents and data including containing the personal data necessary for check of observance of the requirements provided by the Federal Law of December 29, 2015 No. 382-FZ "About arbitration (arbitration) in the Russian Federation" are created;

To create 2) if necessary from among members of council and other persons constants and temporary working and expert groups (commissions) on activities of Council under the leadership of members of council;

3) to invite to separate meetings of Council to participation in discussion of the questions of persons which are not part of Council considered by Council;

4) to direct representatives of Council for participation in meetings, conferences, seminars, forums and other actions, including the international, devoted to questions of activities reference tribunals and permanent arbitration institutions, and also arbitration (arbitration), to participate in the organization of the specified actions;

5) to interact with the educational and scientific institutions, the Russian and foreign organizations performing activities for promotion, distribution and enhancement of arbitration (arbitration).

III. Structure of Council

7. Council from 20 to 40 members, including the Chairman of the board, his deputies and the Secretary of Council are included.

8. Members of council take part in its work on a voluntary basis.

9. The structure of Council, including the Chairman of the board, his deputies and the Secretary of Council, affirms the order of the Ministry of Justice of the Russian Federation.

10. The staff of Council is created of number of persons which expressed the consent to be part of Council.

For the purpose of forming of Council the Ministry of Justice of the Russian Federation by results of carrying out consultations with representatives of public authorities, the all-Russian associations of entrepreneurs, Chambers of Commerce and Industry, representatives of legal, scientific and entrepreneurial community nominates persons to whom suggests to be part of Council.

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