Arbitration relations are an essential part of the legal sphere of Russia. They regulate economic and financial disputes, litigations between entrepreneurs, cases of legal entities and much more. A no less important area is the totality of arbitration and legal relations, which will be discussed in this article.
Arbitration process
The protection of civil rights in our state should be exercised by the courts of general jurisdiction, as well as by arbitration and arbitration courts. The latter are not included in the system of general jurisdiction, and therefore have a special status. They carry out the consideration and resolution of economic disputes that arise between entrepreneurs and legal organizations. The arbitration process is recorded in many federal laws. The main source of information about him is the Russian Civil Code.
So what can be called an arbitration process? This is a form of activity of arbitration courts established by Russian law. The purpose of the activity should be the protection of the violated or disputed right of individual entrepreneurs or individuals.
General characteristics of the arbitration-legal relations
What is the social purpose of the arbitration process? Lawyers talk about the implementation of substantive law, about protecting the interests and powers of financial and business entities.
Arbitration procedural law should have a number of its own institutions. The latter constitute an integrated system consisting of a common and special part. In such a system, a number of features are fixed, allowing to attribute the considered law to an independent industry.
These are the following elements:
- judicial system;
- own tasks and goals;
- an independent subject and special methods;
- principles of legal proceedings;
- special legislation of the codified type.
The rules of arbitration law are related to civil, constitutional, criminal and many other types of law.
Thing
What is the subject of arbitration legal relations? Legal experts speak of legally binding actions by the court and relevant officials. All professional activities of representatives of the courts form the arbitration process.
The subject of arbitration relations lies outside the legal sphere. This is a fairly objective concept, since we are talking about a set of relations that develop as a result of legal activity.
What is the difference between arbitration and procedural relations? In the first case, enforcement proceedings are not included. In the second, it is the judicial process that plays the most important role. Turn of execution, issuance of a decision, collection of evidence - all this is only a small part of the elements that are part of the arbitration process.
Imperative methods of law
As you know, any branch of law is regulated by special legal methods - social mechanisms, techniques and methods of regulation. It is with the help of legal methods that there is pressure on relations that are the subject of the industry in question.
The nature of the arbitration process is based on a combination of imperative and dispositive principles. In the legal branch under consideration, there are both precepts of authority and permissible principles.
What refers to the imperative principles of the arbitration procedure? Here it is worth paying attention to the following elements:
- the dominant position of the arbitral tribunal;
- power actions of the arbitral tribunal act as legal facts;
- The arbitration process is based on a strict procedural procedure;
- the arbitral tribunal has the right to control individual acts of the parties.
Thus, the concept of an arbitration procedural relationship includes the power activities of arbitration or arbitration courts. This is a compulsory form of the implementation of subjective rights. On the other hand, such rights are built on the principles of equality, autonomy and dispositiveness of subjects. It is about the dispositive principles in the arbitration process that should be discussed further.
Dispositive methods of law
The arbitration process is a complex set of different legal elements. All of them pursue only one result: a court decision. A major role in arbitration law is played by formalism. It is this phenomenon that provides guarantees of impartiality in the consideration of cases. Judicial discretion and subjectivity are reduced.
A significant role in building a high-quality arbitration process is played by the ratio of imperative and dispositive principles. Power orders should be associated with the permissible grounds for the emergence of arbitration and legal relations. Among the main methods of a dispositive nature, it is worth highlighting:
- existence of a system of legal guarantees;
- freedom to dispose of rights;
- equality of parties in the arbitration process.
The industry in question is based on a number of sources, which will be described later.
Sources of law
The basic legal source of arbitration law is the Constitution of the Russian Federation - the main state law. Chapter 7 of the Constitution regulates the judiciary in Russia.
Federal constitutional laws are also legal sources. By their nature, the FKZ are close to the basic law of the country. The most significant in the field of the arbitration process are the Federal Law on Arbitration Courts and the Judicial System. It is also worth highlighting federal legislation. In our country, the Arbitration Procedure Code is based on a number of laws of a federal nature.
It is also worth mentioning international treaties and agreements. This is the 1954 Hague Convention on Civil Law, as well as the 1970 Convention on the Acquisition of Evidence in Commercial and Civil Cases.
The composition of the arbitration process
The object and subjects of the arbitration and legal relations form the content of the industry in question. All persons administering arbitration justice are legal entities. To begin with, it is worth highlighting the courts. They can consider cases on the merits or make a review. In this case, we are talking about the courts of first and second instances. Judges with a single status work in the courts. 
Arbitration assessors are present here, enjoying the same rights as judges. The interlocutors are needed to assist the judge, as well as to transfer to the body their knowledge in the field of entrepreneurial activity. The officials in question ensure the collegiality and legality of justice.
The parties to the proceedings, the plaintiff and the defendant, are also subjects of arbitration and legal relations. It is also worth highlighting citizens who contribute to legal proceedings. These are witnesses, experts, translators, secretaries, etc.
Parts of the proceedings
The object of arbitration procedural legal relations is the totality of the disputed rights of a subjective nature.A similar formulation is characteristic of the general part of production - the totality of norms and institutions, the effect of which extends to all procedural relations regulated by law. The so-called main institution stands out here, the norms of which are enshrined in the "General Provisions" section of the RF agribusiness. This includes objectives, principles, fundamental rules, and more.
There is also a special part of the law. It fixes the individual stages of the process, as well as features of the arbitration procedural legal relations. The object in this case will be the interest of one of the parties, strictly protected by law.
Principles of law
What principles and guidelines are enshrined in the first part of the arbitration law? There are several ideas and fundamental principles highlighted by experts in the field of jurisprudence:
- The principle of publicity. It is about publicity, freedom of access, information openness.
- The principle of competition. As in any other lawsuit, there are two parties who fight for special rights and freedoms.
- The principle of combining imperative and dispositive. Dispositive norms still prevail in the arbitration process. The reason for this is the dependence of the subject of judicial review on the will of interested parties.
All principles are aimed at modernizing law enforcement practice, developing science and improving rulemaking.