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is a regulatory body of special jurisdiction that deals with the settlement of economic disputes between enterprises, as well as consideration of other cases that fall under its competence.

The arbitration court is specialized in relation to the courts of general jurisdiction. It helps to resolve disputes of an economic and commercial nature between various organizations and enterprises.

On the territory of Russia, such courts are positioned as federal and are part of the general judicial system of the country. It is important to know that the activities of arbitration courts are regulated by the relevant legislation.

Description of the arbitration court in simple words

The Arbitration Court is an institution specially created by the state on the basis of the laws of our Motherland, which employs people with higher legal education, specially trained, tested for the ability to fairly resolve serious issues that arise between organizations. They do this by finding mutually beneficial conditions for the parties.

The competence of the arbitration court includes the settlement of emerging issues between individual legal entities, as well as between citizens who carry out entrepreneurial activities, but do not have the formation of a legal entity and have the status of a private entrepreneur, which was obtained in accordance with all established norms of the current legislation.

In a separate order, cases between the state and the subjects of the state, as well as emerging disputes between individual subjects, also fall under consideration. In addition, the jurisdiction of the arbitration court may be to consider a case on the establishment of facts that are important for the emergence, change or even termination of organizations and enterprises in the field of commercial activity. Less common is the establishment of the facts of the insolvency of an enterprise or citizens, which automatically entails bankruptcy.

All decisions made by the arbitral tribunal are final and not subject to appeal. They must be executed within the time period established by this judicial authority. Provided that no deadline has been set, the decision taken shall take effect immediately.

Reasons for going to arbitration

In order for the arbitral tribunal to be able to accept the issue for consideration, a written agreement between the parties is required, which refers to the transfer of the dispute that has arisen or is arising. In addition, international disputes may also fall under the jurisdiction of the arbitration court. A single case may be considered by one or more arbitrators at once.

You should apply to the arbitration court if the dispute arises from administrative or personal relations, as well as, if you wish, to challenge the legal acts, decisions taken, actions authorized bodies or officials if they relate to business or economic activity.

There are also many other reasons that may serve as a basis for applying to such bodies.

• In particular, cases concerning penalties from citizens or organizations that carry out any entrepreneurial activity may fall under the proceedings of the arbitration court.
• Quite often, people turn here to collect mandatory payments, to establish the facts of the financial insolvency of a single enterprise, which is subsequently transported to ordinary bankruptcy.
• Under the regulation of the arbitration court, the creation, reorganization or even liquidation of a particular organization can be carried out. This body is competent to resolve disputes joint-stock company, arising issues in case of refusal of state registration or even to consider cases with the direct participation of persons who are not residents of a particular country.

In this article we will describe the powers of arbitration courts in Russian Federation. What cases are being considered here? The Arbitration Court is a state authority that considers various disputes related to the adoption of professional participation in civil circulation, especially in relation to entrepreneurial activity, and, in addition, a number of other categories of disagreements that fall within its competence within the framework of the Russian procedural code.

The powers of the arbitral tribunal are of interest to many.

The main tasks of Russian arbitration courts

In Russia, the arbitration court performs the following functions:

• Resolves disputes that arise within the framework of economic and entrepreneurial activities.
• Performs statistical accounting and analyzes data on its activities.
• Prevents violations of Russian legislation in the field of economics.
• Installs and implements international relations and contacts within the framework of the procedure established by law.

The file of cases of the arbitration court is quite extensive.

The structure of the arbitration court

The internal system of the arbitration court serves as its device. So, the Supreme Arbitration Court in Russia has the following structure:

• The presence of a plenum of higher arbitration.
• Composition of the Presidium of the Supreme Arbitration.
• Judicial Collegium, which considers civil and other disputes.
• Judicial board dealing with administrative disputes.

Functions

Absolutely every arbitration court has its own apparatus, which performs the following functions:

• Acceptance of incoming documents.
• Assistance to judges in the preparation of cases for court hearings.
• Certification of copies of acts and their issuance.
• Distribution of documentation.
• Verification of payment of the state fee and other powers.

The internal structure of the court includes an expedition, an office and departments, which include judges and their assistants, as well as secretaries and specialists. In addition, this includes judicial compositions and their chairmen, along with departments of bailiffs, and so on.

The powers of the arbitral tribunal will be discussed below.

Structure of arbitration courts

The Supreme Arbitration Court in Russia acts as a judicial body that considers economic disputes, as well as other subordinate cases, exercising supervision over the conduct of a particular activity in situations specified by federal law. This authority makes clarifications regarding judicial practice use of the law. Thus, the highest arbitration is the main instance in relation to the lower federal, cassation and appellate courts.

The Federal Arbitration Court, within the framework of its duties, is called upon to consider economic and other disputes in the role of a cassation instance on newly emerging circumstances. The cassation instance acts as a higher body in relation to the appeal structure.

The Court of Appeal, as a rule, considers decisions that have not yet entered into force. The resolution of situations is carried out within the framework of the second instance according to newly arisen conditions and circumstances.

Directly, the arbitration court of a constituent entity of Russia serves as the first instance body that considers disputes within its jurisdiction.

Basic powers of the arbitral tribunal

The Arbitration Court in Russia has the following powers:

• The study in the first instance of cases that are jurisdictional arbitration courts in Russia, with the exception of those that fall within the competence of higher authorities.
• Revision on newly arisen conditions and circumstances of judicial acts adopted and entered into force by law.
• Appeal to the Russian Constitutional Court with a request to check the law that is applied or is subject to execution in a case that is considered by it in any instance.
• Generalization and study of judicial practice.
• Preparation of all kinds of proposals for the improvement of laws, as well as other regulatory legal acts.
• Analysis of judicial statistics.

The listed powers of the Federal Arbitration Court are exercised through the methods specified in the procedural legislation. They may differ at each specific level.

The correct determination of the judicial powers of the arbitration court in relation to a particular case, that is, the establishment of its jurisdiction and jurisdiction to a certain arbitration body, plays a very important role. Violation of the rules regarding jurisdiction or jurisdiction in the framework of the consideration and resolution of cases may entail the cancellation of the decisions made.

Jurisdiction of cases

What is the main purpose of the arbitral tribunal?

The jurisdiction of cases is determined by Article No. 27 of the Russian Procedural Code. To determine jurisdiction, it is necessary, first of all, to take into account the nature of the disputed legal relations and the composition of the participants. Economic disputes arising from civil or administrative and other legal relations between entities are the jurisdictional cases of arbitration courts. At the same time, subjects are understood as legal entities, and, in addition, citizens who carry out entrepreneurial activities without registering a legal entity and have the status of an individual entrepreneur. Economic disputes are recognized as disputes that arise from various legal relations regarding specific property or services provided and work performed. Disputes, in turn, may be of a civil, land, administrative, tax, customs or financial nature.

What cases are heard in arbitration? This is a common question.

specific character

Jurisdiction is specific in relation to a number of cases that are taken to the attention of the bodies of general jurisdiction in the framework of civil proceedings. Thus, arbitration courts consider only those cases that are directly related to their jurisdiction in accordance with federal law. All other cases are considered by the bodies of general jurisdiction.

Capital

What cases are considered in the Moscow Arbitration Court?

There is such a division of the judiciary as the arbitration court. Basically, the competence of this authority includes proceedings in economic cases, as well as in cases that are somehow connected with the implementation of entrepreneurial activities. Everyone has gone to court at least once in their life. Modern legislation determines the jurisdiction of cases to the arbitration court, which is determined by the clauses of its articles. Such cases are called arbitration. They are considered in connection with the conduct by legal entities or other persons of any activity. This is carried out taking into account the APC of the Russian Federation or other applicable laws that relate to this area.

What issues does the arbitral tribunal decide?

1. The arbitration court resolves issues regarding the issuance of writ of execution, if necessary, on the execution of decisions that were made in court on various issues. These may arise in the conduct of any type of work in the field of trade or the economy.


2. The decision to receive from any firm or individual doing a particular job. The decision is made if the given company or individual does not make payments, violates intellectual property rights, does not comply with the conditions. Measures are taken by the arbitral tribunal, unless another measure is envisaged;


3. In connection with administrative offenses, in the event that, according to federal law, their decision does not fall within the sphere of influence of the arbitration court.


4. If it is necessary to challenge normative or legal acts affecting any rights of an individual who has filed an application with the court regarding any field of activity.


5. The arbitral tribunal may correct certain documents that have been adopted by other authorities. The decisions of state authorities and local authorities may also be questioned. The conclusions made by local authorities, as well as state-level officials, can be called into question. They also consider issues of high-ranking personalities and especially significant organizations if they do not comply with their duties. It can be in any field of human activity.


6. When you need to review a decision that was made by another court. AT this case Arbitration procedural law will come to the rescue, the laws of which allow you to resolve some contradictions. Such contradictions can arise during the execution of any kind of work.

Also in the sphere of influence of such bodies is the enforcement of decisions that were taken by judges of other countries.

The judicial system of the Russian Federation has many branches. There are various courts, each of which performs its own function.

Many citizens are at a loss when choosing where to apply. After all, the procedure for assigning cases to the competence of a particular court has some subtleties. Even the amount of damage is taken into account. With a smaller amount, the case is transferred to one court. If the amount of damage is large enough (exceeds the established limit), then another body is selected.

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Not all people know what claims are considered by the arbitration court. In this case, it is important to find out the status of the person who is the plaintiff. A qualified lawyer can help you understand the specifics of the case. However, you can independently determine what is within the competence of the arbitration court.

Who has the right to apply

To find out what claims are considered by the arbitration court, it is necessary to determine the status of persons who can apply to the body. The activities of arbitration are aimed at considering cases that are related to economic and entrepreneurial activities. Therefore, only legal entities act as a plaintiff.

These include:

• entrepreneurs;
• enterprises;
• state authorities.

The Arbitration Court considers property disputes.

It is an erroneous opinion that arbitration is not available to individuals.

Allocate some circumstances when physical. a person can apply to this body:

• It is allowed to apply with the participation of a person in the composition of a Limited Liability Company. Consideration of cases is carried out on the basis of the Arbitration Procedure Code of the Russian Federation (Article 33).
• An appeal may be necessary to declare the company bankrupt.
• When conducting business activities without entering a person in the state register, you can apply to the arbitration court. Especially often this rule applies to farmers who are not considered legal entities. persons.

What is included in the competence

Arbitration courts operate on the basis of the Federal Constitutional Law No. 1-FKZ of August 28, 1995. In addition, the basics of the consideration of cases are given in the fourth chapter of the Arbitration Procedure Code of the Russian Federation. It also describes the jurisdiction and jurisdiction of cases. Jurisdiction is the distribution of cases between courts of different directions.

Among them are:

• Constitutional Court;
• General jurisdiction;
• Arbitration.

They consider cases only within their own competence.

To determine the jurisdiction of the dispute to the arbitration court, it is necessary to consider its economic component. It must be associated with entrepreneurial or financial activities.

According to part 1 of article 27 of the Arbitration Procedure Code of Russia, jurisdiction is determined by the nature and subject of legal relations.

It also prescribes the parties to disputes that can be considered in arbitration:

• legal entities;
• individual entrepreneurs (until the end of registration of a person as an individual entrepreneur);
• bodies of state power, local self-government, officials.

The areas of cases that can be considered in the arbitration court are highlighted.

These disputes are:

• economic disagreements in the course of civil legal relations;
• economic disagreements in the course of administrative and other legal relations of a public nature;
• establishing the facts that are necessary in the event of the emergence, change or termination of the activities of legal entities and entrepreneurs;
• revision of decisions of arbitration courts on economic activity;
• recognition and enforcement of judgments of courts located outside the Russian Federation.

The arbitration court will consider cases between individuals and entrepreneurs if the business reputation of the latter is offended

Corporate disputes can also be considered in a judicial body of this type.

However, when determining jurisdiction, it is important to take into account some criteria:

• the economic nature of the dispute;
• its connection with the activities of legal entities. persons;
• the grounds for the dispute by the participants acting within the framework of the legal faces;
• organizational and legal form of jur. faces;
• subject matter.

In the arbitration system, the concept of jurisdiction is distinguished. It is connected with the distribution between the courts of cases that are within their competence.

The arbitration process may take place taking into account tribal and territorial jurisdiction.

Family jurisdiction is related to the status of the case. In the first instance, according to the Arbitration Procedure Code of the Russian Federation (part 1 of article 34), cases are considered on the basis of arbitration courts:

• republics;
• areas;
• edges;
• cities of federal significance;
• autonomous regions;
• autonomous regions.

At the next stage, consideration of cases by the Supreme Arbitration Court of the Russian Federation is possible.

The Arbitration Procedure Code (part 2 of article 34) prescribes its competence:

• contesting regulations and laws of the President, the Government of the Russian Federation, executive authorities in relation to the rights and interests individual entrepreneurs and legal entities;
• contesting non-normative acts that do not comply with the legislation on the observance of the rights of persons involved in economic activities;
• economic disputes between constituent entities of the Russian Federation.

Territorial jurisdiction is necessary to determine the competence of the court in common system arbitration of the Russian Federation.

There are several types of such jurisdiction:

• In case of general territorial jurisdiction, the location or residence of the defendant is considered.
• Alternative jurisdiction is applied in the absence of information about the whereabouts of the defendant. Then the claim is filed in the region where his property is located or at the last place of residence.
• Treaty jurisdiction permits a change in general territorial or alternative jurisdiction before an application is made to the court.
• In the course of exclusive jurisdiction, the case must be considered in a specific arbitration court.
• If several disputes are interconnected, then territorial affiliation is not taken into account. Then jurisdiction is exercised by connection of cases.

Courts may refer a case to another arbitration body if:

• unknown location or residence of the defendant (the case is sent to the court at the last place of residence);
• the petition of both parties to conduct the process at the location of the evidence base;
• violations of the rules of jurisdiction;
• filing a claim against this arbitration court;
• disqualification of a judge or the impossibility of forming the composition of the court.

When a person files a claim, they can return the application, because such a rule is provided for by paragraph 1 of part 1 of Article 129 of the Arbitration Procedure Code and this can be done if the jurisdiction is determined incorrectly

What claims can be considered by the arbitration court

The arbitration court may consider cases related to activities of an economic or entrepreneurial nature. Disputes are resolved between entrepreneurs, legal entities and ordinary citizens, as well as state and municipal authorities. Appeal to the court may not be made by all persons.

Among them, some subjects of legal relations are distinguished:

1. Legal entities and non-profit organizations whose economic and property rights have been affected can apply.
2. Arbitration is available to private entrepreneurs in the form of sole proprietors or enterprises. It is important to have the status of an IP.
3. Cases concerning the rights of state subjects of the Russian Federation, municipal organizations are considered.
4. Representatives of state power can apply when they represent the body and protect its property and economic interests.
5. Organizations that do not have the status of legal entities or individual entrepreneurs can make an appeal to the arbitration court.
6. The court considers cases related to the activities of international organizations and stateless persons.

The composition of persons is not considered if cases are transferred to special jurisdiction.

These include:

• bankruptcy and insolvency;
• creation, liquidation and reorganization of the company;
• evasion of individual entrepreneurs and legal entities from state registration;
• affairs of shareholders and joint-stock companies, business partnerships;
• protection of the business reputation of persons engaged in economic and entrepreneurial activities.

The arbitration court may recover from citizens and entrepreneurs who conduct economic activities authorized payments and contributions.

Dispute Exceptions

There are some disputes that cannot be considered by the arbitration court. In addition to the fact that the case should be within the competence of the court, the possibility of its consideration is determined. This can only be done by filing a claim in a certain form.

The filling procedure is prescribed in the Arbitration Procedure Code of the Russian Federation (part 2 of article 127). The application must indicate the legislative grounds and regulations that are relevant to this case. If such notes are not made, the application will not be accepted by the court.

The Arbitration Court of the Russian Federation has several components:

• At the level of subjects, cases of the first category and appeals are considered.
• Arbitration courts of federal districts consider cassation appeals that have entered into force.
• The Supreme Arbitration Court considers appeals for the recognition of government acts, laws of the President, the State Duma and the Federation Council as invalid. He can also resolve disputes between subjects of the state, explain the nuances of court practice. His decision is not subject to appeal, so it immediately takes effect. There are two collegiums specializing in civil and administrative disputes.
• The supervisory body is the Presidium. He, according to Article 304 of the Arbitration Procedure Code, may cancel judgments lower courts. After that, they are assigned new composition court that will rehear the case.

One type of civil litigation is arbitration. Generally speaking, the arbitration court is a body of judicial power that deals with contentious cases related to the conduct of economic activity. And yet this concept is rather vague. Still worth defining: the arbitral tribunal is considering specifically?

It is immediately worth noting that only legal entities can act as a plaintiff in this court. These can be enterprises or entrepreneurs, various institutions and organizations whose activities, one way or another, are related to the economic.

Now it is worth considering more specifically all the cases that fall under the consideration of the arbitration court:

1. Disputes arising from violations of certain terms of the contract. This means court approval. conflict situations arising in case of non-delivery of goods, their short delivery, delay in terms, delivery of goods of inadequate quality, etc. In a word, any questions that, one way or another, violate the specified terms of the contract. Often, the arbitration court resolves issues related to the coercive conclusion of contracts.
2. Disputes that have arisen between shareholders of enterprises, the so-called "corporate disputes". Such cases, as a rule, last a rather long period of time, as they relate to the division of property. Often, such disputes involve consideration of situations of falsification of documents.
3. tax disputes. A large proportion of all issues considered by the arbitration court relates precisely to tax issues. At the same time, claims are considered by the court both from the side of the tax inspectorate for late payment of taxes by legal entities, and vice versa - claims from enterprises to tax services regarding the illegal collection of funds from enterprises and organizations.
4. Disputes related to the liquidation, reorganization, creation, bankruptcy of enterprises. It is also worth including here disputes concerning the evasion of enterprises from mandatory state registration or the complete refusal to carry out such a procedure.

It is also worth noting that the arbitration court resolves disputes relating to foreign enterprises and citizens, stateless persons, as well as international organizations that are engaged in entrepreneurial activities.

Summing up, it can be noted that although most people believe that the arbitration court decides exclusively on economic issues, nevertheless, these are far from all the issues that fall within the functions of this court. Except economic issues, the arbitration court deals with a number of issues that are aimed at supporting entrepreneurs and organizations, protecting them in case of problems. In more detail, this issue is disclosed by the Arbitration Procedure Code (APC), which strictly determines which cases are within the jurisdiction of the arbitration court.

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