Arbitration proceedings: principles, tasks, stages, terms, procedure, participants, peculiarities of arbitration proceedings

Civil, administrative, criminal and arbitration proceedings serve as an instrument for the protection and restoration of violated interests and the rights of citizens and organizations. The cases are heard only by certain instances. Let us further consider what arbitration litigation is in Russia.

General information

Arbitration proceedings ensure the protection of interests and rights of subjects in economic disputes. The cases of this category are subordinated to specific instances. The consideration of economic disputes is carried out exclusively by arbitration courts. Proceedings of other cases are within the competence of instances of general jurisdiction. Principles of arbitration proceedings are fixed in legislative acts. First of all, the provisions are fixed in the Constitution. In accordance with it, FKZ "On the Judicial System" and "On Arbitration Courts" were adopted. In addition, the rules for filing lawsuits, cases and other rules relating to the proceedings are set in the AIC.

Tasks of arbitration proceedings

First of all, as it was said above, the authorized bodies protect the violated interests and rights of the entities that conduct entrepreneurial and other economic activities, including the Russian Federation, federal, regional, local authorities, other structures and officials in this field. Arbitration proceedings are aimed at ensuring the availability of proceedings for disputes that arise. When considering cases, the authorized bodies contribute to the formation of ethics and customs of business turnover, the formation and development of partnership between entities. In carrying out their functions, these bodies implement the key principles of arbitration proceedings. In particular, the authorities form a respectful attitude to the legislative requirements, create conditions for compliance by the interested parties with the requirements of normative acts. At the same time, the bodies themselves are guided by the Constitution and other legal provisions in the course of proceedings and decisions. The activities of the authorities, among other things, are aimed at preventing violations in the sphere of entrepreneurship.

Jurisdiction

It is determined by the Code of Arbitration Proceedings. The jurisdiction of authorized bodies includes only those disputes, which are directly specified in the legislation. The jurisdiction of the courts is of a special nature. The authorities consider disputes that arise from administrative and other public relations, economic conflicts and other matters relating to the conduct of business and other economic activities.

Categories of cases

Arbitration proceedings are appointed when challenging legal acts in the spheres:

1. Currency control and regulation.
2. Taxation.
3. Customs regulation.
4. Patent rights.
5. Export control.
6. Rights on the topology of integrated circuits, selective achievements, the secrets of production, means of individualization of works, products, services, legal entities, the use of products of intellectual labor.
7. Antitrust regulation.
8. Use of energy of atomic installations.
9. Natural monopolies.
10. Estimating, auditing, insurance, banking.
11. State regulation of tariffs, including utility complex.
12. Power engineering.
13. The market of financial instruments.
14. The formation and functioning of commercial societies and their management.
15. Counteraction to money laundering (legalization) of profits received illegally and financing of terrorist activities.
16. Placing orders for the production of works, the provision of services, the supply of products for government / municipal needs.
17. Insolvency (bankruptcy).
18. Lotteries.
19. Advertising.
20. Creation, termination (liquidation) of investment funds and regulation of their activities.
21. In other areas provided for in laws.

Arbitration courts consider cases on challenging normative acts, decisions, inactions / actions of state bodies, local authorities, other institutions that have separate powers, officials that affect the applicant's interests in the field of entrepreneurship and other economic activities. Some administrative offenses are in charge of jurisdiction. In the framework of arbitration proceedings, claims are being resolved on recovery of sanctions and payments from citizens and organizations conducting entrepreneurial and other economic activities, unless otherwise stipulated in the legislation.

Additional categories

The legislation provides for special arbitration proceedings for cases of establishing facts that are of legal significance for the change, appearance or termination of the rights of citizens and legal entities in the field of entrepreneurship and other economic activities. In addition, in addition to the jurisdiction subordinate consideration of applications:

1. On challenging decisions made by arbitration bodies on disputes arising in connection with the implementation of commercial or other economic activities.
2. On the extradition of IL for compulsory execution of decisions adopted by the above-mentioned instances.

Special jurisdiction

The order of arbitration proceedings is provided for:

1. About bankruptcy.
2. About refusal in the state registration, evasion from statement on the account of individual businessmen and the commercial enterprises.
3. About the activity of depositaries.
4. On the protection of the legal entity's reputation in the field of entrepreneurship.
5. On the activities of state corporations, their legal status, the order of their management, education, reorganization and liquidation.

Submit a claim

The trial can be initiated on the basis of an application with the relevant requirements. For the adoption of the claim, it must be drawn up in accordance with the rules established in the AIC. Currently, the application can be sent using the Internet. In the claim it is necessary to indicate:

1. Name of the body authorized to deal with the dispute.
2. The name of the plaintiff, his location is for organizations, name, surname and patronymic. And the address of residence (registration as an IP) - for citizens. Here you can also find contact information: phone numbers, e-mail addresses, fax number.
3. The name of the defendant, the place of his residence / location. The address is determined by an extract from the Unified State Register of Legal Entities. It must be attached to the claim. The contact details of the defendant are also indicated.
4. The circumstances of the dispute. Here are the facts that prompted the plaintiff to go to court. This may be the default of the defendant's obligations, violation of rights. All the circumstances that are stated in the claim must be documented.
5. Requirements to the respondent with references to normative acts.
6. The price of the claim, if it is to be assessed. It is defined as the sum of all claims - debts, penalties, interest, losses. The price of the claim does not include court costs.
7. Calculations that justify the recovered amount.
8. Data on compliance with the claim (pre-trial) procedure. It can be envisaged both in legislation and in an agreement.
9. Information on interim measures taken by the court prior to the filing of the claim. The law provides for the possibility of interested persons to apply to the authority with a corresponding petition. This right is fixed in art. 99 APK.
10. List of attached documents. These include materials that support the requirements, as well as a receipt for payment of the fee.

Adoption of a claim

After receipt of the application, the court makes a ruling. In case of violation of the requirements of the legislation to the content, the form of the claim, the list of the attached documentation, it remains without movement. The application is returned if:

1. The dispute is not subject to this instance.
2. A petition was received from the plaintiff about the return of the application before passing a ruling on its acceptance for consideration.
3. The defects, which served as the basis for the abandonment of the claim without motion, were not eliminated within the prescribed period.

If the application is accepted, the date and time of the hearing are appointed. Participants in arbitration proceedings are notified accordingly.

Consideration of a dispute

At this stage of the arbitration proceedings, a protocol is kept. It records the progress of each hearing, the completion of procedural actions outside the meeting. The protocol is usually led by a secretary or assistant. In the process of proceedings in the case, the parties are heard. The first one is the plaintiff. He gives explanations, can make petitions. After him stands the defendant. During this stage of arbitration proceedings, an official authorized to consider a case, invites the parties to sign an amicable agreement. If the subjects disagree, the study of the submitted materials begins. Then the parties turn to the debate. After their termination the court is removed for decision-making.

Specificity

The peculiarities of arbitration proceedings are primarily connected with the establishment of procedural periods. They can be defined in two ways. In general, the time limits in arbitration proceedings are established in the AIC. If the period is not specified for certain actions, then it is determined directly by the authority itself, which is considering the case. The deadlines set by the agrarian and industrial complex include:

• 5 days - to inform the person that it is impossible to submit the required evidence.
• 2 months - to review the case and make a decision on it.
• 5 days - to send the determination to the parties to the dispute on the refusal to accept the claim.
• 3 days - to formulate a reasoned decision on particularly complex cases in exceptional cases.
• 1 month - for entry into force of the decree, if no appeal is filed.

The legislation also provides for other procedural terms.

Consequences of missing a specified period

They can be very serious for the plaintiff. So, for example, if there was a skipping of the six-month period stipulated in Art. 201 APK for presenting the writ of execution for execution, the applicant will not be able to receive the funds collected in his favor. A number of articles of the agrarian and industrial complex directly establish the legal consequences. For example, according to Art. 151 of the appeal code , which is filed for the decision of the arbitral tribunal at the end of the period for this period, is not accepted for consideration. Accordingly, it is subject to return to the applicant. A similar rule applies to a claim for review of a ruling in connection with newly discovered circumstances. Return of the application in this case is carried out in accordance with the rules of Art. 193 of the agroindustrial complex.

Recovering periods

It is permissible if the arbitral tribunal finds the reasons for the omission to be valid. For this, the person concerned submits an appropriate application. It specifies the circumstances in connection with which the deadline was missed, the evidence by which the person considers these reasons valid. Together with the application, the necessary procedural action is carried out . For example, a complaint is filed. This procedural action is carried out in accordance with the rules established for him. In Art. 99 APK provides for the procedure for issuing a determination on the restoration of the period and denial thereof. In the latter case, a court decision may be appealed. The appointed period is extended. This means that a longer period may be established for the implementation of certain procedural actions. Such a need arises when it is impossible to perform any action in a specified period. For example, one of the participants in the proceedings does not have time to submit documents, since at the moment they do not have it. The terms established by the court, and not by the law, shall be extended. The latter can be restored if necessary.

Conclusion

It should be noted that the proceedings in the arbitration court are accompanied by a number of difficulties. First of all, they are connected with the process of proving their claims. In the framework of arbitration proceedings, the subjects often have to provide a large amount of documentation.

First of all, it is necessary to confirm the grounds for the relationship between the plaintiff and the defendant. As evidence in such cases, as a rule, treaties, in which the terms of cooperation are prescribed. The participants in the proceedings may apply for the summoning of witnesses, legal expertise of documents. Legislation also makes demands on the content and form of the claim. The application must contain the required details for such documents. The claim must be signed by the subject, its applicant. The application also indicates the date of its execution. Claims in which there are no requisites or are present in part are not accepted for consideration. The number of applications must correspond to the number of participants in the proceedings.

If there are shortcomings in the claim, the court issues a ruling on their elimination and sets a deadline for this. The decision shall be forwarded to the applicant together with the other materials. If the defects are not eliminated within the specified period, the application will be deemed unspecified.