Arbitration process It should be carried out in full accordance with the provisions of the legislation of the Russian Federation, which determine, first of all, the jurisdiction of various economic disputes. Only on the condition that the parties to the hearing are entities that are classified according to the criteria that are reflected in the agribusiness complex of the Russian Federation, as well as the subject of the dispute, the claim is considered in arbitration. In addition, jurisdiction is closely related to another legal category - jurisdiction. What is their significance in the arbitration process? How are jurisdictions and jurisdictions defined in the provisions of the RF agribusiness?
What is jurisdiction?
What is the essence of such a phenomenon as the jurisdiction of the arbitration court?
This term corresponds to the scope of competencies, which in accordance with the provisions of the law are assigned to a particular institution. In this case, to arbitration courts. Usually, jurisdiction is a criterion for the delimitation of competencies between the Constitutional Court of the Russian Federation, courts of general jurisdiction, as well as arbitrations.
Jurisdiction determines what specific disputes a institution has the right to consider. The term in question may correspond to the range of subjective rights, as well as the interests of citizens and organizations, which should be protected by law through the use of mechanisms that are attributed to the jurisdiction of the arbitration.
Jurisdiction of Arbitration: Provisions of the Arbitration Procedure Code of the Russian Federation
The main normative act that governs the jurisdiction of the arbitration court is the RF APK. In accordance with its provisions, the main subject of jurisdiction of the relevant institutions is economic disputes, the parties of which have the status of individual entrepreneurs or business entities. In addition, in some cases, arbitration tribunals consider cases in which the plaintiffs or defendants are state and municipal authorities, officials, and sometimes citizens who are not registered as individual entrepreneurs. The APC of the Russian Federation admits that the jurisdiction of the arbitration court, in principle, may involve the consideration of any cases if the appropriate mechanism is established by a separate federal law.
Features of consideration by the arbitration tribunals
We study the main specifics of the consideration of those cases that are subordinate to arbitration. The APK of the Russian Federation establishes that the relevant institutions:
- accept claims to production in order to comply with the rules that are established in relation to the jurisdiction of cases;
- consider disputes on the merits, even if a citizen who is not a registered IP and does not make claims regarding the subject of the dispute from himself will become a participant in the process.
The jurisdiction of the arbitration court involves consideration of cases involving:
- legal entities and citizens of the Russian Federation;
- foreign firms and citizens, international companies;
- persons without citizenship and engaged in entrepreneurial activity.
The main types of disputes resolved by arbitration
The main disputes that arbitrations resolve in the context of their jurisdiction:
- bankruptcy matters;
- on refusals of state bodies in the registration of legal entities and entrepreneurs provided for by law;
- on the activities of depositories;
- on the activities of business companies, state companies;
- by intellectual property protection;
- on business reputation issues.
Arbitration may also resolve other disputes if, again, it is prescribed by a separate federal law.
Jurisdiction of disputes in civil matters
The jurisdiction of cases to arbitration courts can be determined on the basis of their attribution to those that arise in the framework of civil relations. In principle, those disputes that correspond to such communications can be attributed to the main ones that characterize the activities of arbitrations. As a rule, it is in the field of civil relations with the participation of various business entities that disputes arise that require resolution in court.
At the same time, there are legally defined criteria for jurisdiction in an arbitration court with regard to administrative relations as well.
Jurisdiction of disputes in administrative legal relations
Parties to such communications can be, in turn, not only business entities, but also citizens and organizations. Disputes involving certain individuals may arise mainly due to unlawful - in the opinion of a citizen or legal entity, actions of a state authority. In addition, the jurisdiction of the arbitration courts of the Russian Federation in the framework of administrative legal relations can also be established in the aspect of their consideration of relevant offenses.
Another option in which the occurrence of jurisdiction of arbitration is provided for by law is the procedure for recovering various obligatory payments from individuals or legal entities if other mechanisms within the framework of this procedure are not established by a separate federal law. According to the provisions of the law, jurisdiction of cases to arbitration courts in the field of administrative legal relations can be established in relation to other communications with the participation of citizens, legal entities and authorities.
Fact-finding jurisdiction
The APC of the Russian Federation includes the rules according to which the jurisdiction of arbitrations can be established in the field of consideration of cases that relate to the establishment of facts that have legal value. In this case, we are talking about the application of the mechanism of special production. The main area of legal relations, within the framework of which the jurisdiction under consideration is involved, is the occurrence, change or termination of the rights of legal entities and individuals in the process of economic activity.
Jurisdiction in the field of arbitration
The jurisdiction of the arbitration court in accordance with the APC of the Russian Federation can be established in relation to the facilitation of the work of the arbitration courts, as well as the exercise of control over it, as provided by law. In particular, arbitration tribunals may consider cases that involve:
- challenging the decisions made by the arbitration courts in the consideration of economic disputes;
- with the issuance, in the manner prescribed by law, of writ of execution in order to enforce decisions that are made by arbitration courts in the consideration of disputes in the field of business;
- with the provision of necessary assistance to the arbitration courts in the framework of the consideration of economic disputes.
Jurisdiction of arbitrations in the execution of decisions of foreign courts
Another type of tasks solved by arbitrations is the recognition and enforcement of decisions made by foreign courts in Russia. In this case, the criteria for the jurisdiction of cases to arbitration courts are also related to the consideration of cases that are related to economic disputes. The procedure for solving such problems by arbitration is regulated by individual chapters of the RF agribusiness.
Special jurisdiction in the arbitration process
There is a special jurisdiction of the arbitration courts, which involves the consideration of cases with the participation of any parties, if the subject of the hearing:
- bankruptcy;
- refusal to register an enterprise;
- results of activities of depositories, state corporations, subjects of ownership of intellectual property;
- protection of business reputation;
- certain categories of disputes established by the APK of the Russian Federation.
The main tasks of arbitration
Let us consider in more detail the specifics of the work of such institutions as arbitration courts. Their main tasks:
- protection of the rights and interests of citizens and legal entities in the framework of economic and other legal relations,
- uniform and correct application of the provisions of the law,
- promoting the desire of various subjects of legal relations to comply with legal norms in the framework of economic communications.
Legal regulation of jurisdiction: nuances
The jurisdiction of courts of general jurisdiction and arbitration courts is regulated at the level of federal legislation, however, as lawyers note, the relevant legal norms contain quite a lot of formulations, the essence of which does not allow us to speak about the legislator's desire to strictly regulate certain legal relations. So, for example, there are rules in the agro-industrial complex of the Russian Federation according to which jurisdiction can not only be determined at the level of the corresponding Code, but also in other federal laws. Thus, the criteria for jurisdiction given in the legislation should in most cases not be considered as exhaustive. Norms can be adopted that significantly expand their list.
Along with jurisdiction, in jurisprudence there is another legal category - jurisdiction. Let's consider it in more detail.
What is jurisdiction?
Jurisdiction is essentially a delimitation of the jurisdiction of the court (arbitration court) in terms of the distribution of certain disputes between specific institutions. In accordance with the APC of the Russian Federation, jurisdiction is:
- generic;
- territorial (which is also additionally classified as alternative, exclusive, contractual).
Consider their features in more detail.
Tribal jurisdiction in arbitration
Tribal jurisdiction involves the delimitation of disputes between judicial institutions that carry out activities at different levels. In accordance with the basic rule enshrined at the level of the legislation of the Russian Federation, the bulk of disputes are the responsibility of the arbitration tribunals of the Russian Federation. The exception is holding hearings that directly relate to the jurisdiction of the Armed Forces of the Russian Federation, which in 2014 took over the powers of the Supreme Arbitration Court of the Russian Federation.
So, the competence of the Armed Forces of the Russian Federation are:
- economic disputes between federal authorities and constituent entities of the Russian Federation, between individual constituent entities of the Russian Federation;
- hearings on the recognition of legal acts of the President of the Russian Federation, the State Duma, the Federation Council, and the government as non-compliant.
Territorial jurisdiction
The next criterion for jurisdiction is the delimitation of the jurisdiction of the court (arbitration court) based on the territory of the activity by arbitrations belonging to one link. These may be, for example, courts of territories, republics, regions and other entities having equal status.
Territorial jurisdiction may be general, in accordance with which lawsuits are sent by the party to the dispute to the institution located at the place of registration of the defendant or its separate unit - if the second party has it, and the subject of the dispute arose just in the process of economic activity of the relevant structure.
In addition, as we noted above, territorial jurisdiction is classified as alternative, exclusive, as well as contractual. Consider their features.
Types of territorial jurisdiction
So, the first kind of territorial jurisdiction is alternative.She assumes that the claim, if jurisdiction of disputes with arbitration courts takes place, is sent by the plaintiff to the institution that works in the territory of the registration of one of the defendants, or in the place where its property is located. In some cases, this may be the territory of another state.
The specificity of the exclusive jurisdiction lies in the fact that it involves the consideration of cases only by that institution, which is defined in the provisions of the RF agribusiness. For example, if the essence of the dispute is the disagreement of business entities regarding the recognition of the right to own a particular building, structure, site, then it is considered in arbitration, which is responsible for the territory on which the relevant real estate objects are located. Another option - if the claim is sent to the address of the transport company, then it is considered at the place of registration of the governing body.
As we noted above, the jurisdiction of civil cases in arbitration courts is not their only competence. Relevant institutions may also consider disputes in the framework of administrative relations. If one of the parties to the hearing is a state or municipal authority, then the claim is in any case referred to arbitration, which operates at the level of the relevant constituent entity of the Russian Federation. If it is a question of invalidating a legal act issued in a particular subject of the Russian Federation, then a similar rule applies.
Contractual jurisdiction involves the determination of the arbitration in which the dispute will be considered, by agreement of its participants.
Jurisdiction in the arbitration process: nuances
The jurisdiction and jurisdiction of cases to arbitration courts are characterized by a number of nuances. First of all, the transfer of cases between courts is possible: if it turns out that the original jurisdiction is not correctly determined, if a particular institution is not able to consider the case. This transfer is mandatory, since a claim in arbitration cannot be left without consideration only on the basis of an incorrect determination of the jurisdiction of the dispute.
This feature of the arbitration process is determined by the specifics of the norms reflected in Art. 47 of the Constitution of the Russian Federation. In accordance with its provisions, a citizen or organization cannot be deprived of the right to consider a particular dispute. Moreover, the dispute should not be transferred from one institution to another without the consent of its parties. This procedure should be formalized using the necessary procedural acts, and also provided that the regulatory legislation does not contain a specific list of grounds on which the dispute cannot be considered in the original instance - the one with respect to which the jurisdiction is established by law.
Jurisdiction, jurisdiction of the arbitration court - criteria that should not be the subject of disputes between arbitrations. The way they are determined is established strictly in the arbitration procedure of the Russian Federation.
