The system and competence of the arbitration courts of the Russian Federation. Competence of courts of general jurisdiction and arbitration courts

Arbitration is a special kind of bodies that exercise judicial power. They allow economic disputes and consider other cases that are assigned to their jurisdiction. The structure and competence of arbitration courts are determined by the agro-industrial complex. The order of production in these instances has a number of specific features. Let us further consider in detail the features of the proceedings in these bodies.

Arbitration courts of the Russian Federation: system, competence

For quite a long time, the instances under consideration belonged to specialized structures as part of civilian bodies. In 2002, a new agribusiness was adopted. As part of the reform, the competence of the courts of general jurisdiction and arbitration courts was revised. As a result, the jurisdiction of the latter was significantly expanded. In addition, the differentiated and complicated procedure for considering cases.

The competence of courts of general jurisdiction and arbitration courts is enshrined in federal law. The Constitution establishes that consideration of cases should be carried out only by specially created instances. Arbitration courts are considered federal. This means that at the regional level bodies with the right to hear disputes related to their jurisdiction cannot be formed. The powers and competence of arbitration courts are based on uniform principles. They apply to other instances that handle cases. Currently, authorities operate on 4 levels. The system of arbitration courts includes:

• YOU.
• Federal instances of districts.
• Appellate Body.
• AU of the republics, regions, cities of the Fed. values, autonomous regions / districts, edges.

Normative regulation

The system and competence of arbitration courts is enshrined in the Constitution and federal laws. The case review process is based on compliance with the established production rules present in the agro-industrial complex and other regulatory acts. Institutions use in their activities the provisions of the Constitution, Federal Law, and legal requirements of the subjects. The competence of international commercial arbitration courts is determined by interstate treaties. The validity of such documents, if they are ratified, applies to domestic authorities.

Decisions that have entered into force and which are issued as a result of the consideration of cases are mandatory for execution throughout the country. The competence of the international arbitration court is determined by the Federal Law No. 5333-1. This permanent body considers disputes arising from contractual and other civil law relations. They arise in the process of conducting foreign economic activity if the enterprise of at least one of the participants is located abroad.

Competence of the Supreme Arbitration Court of the Russian Federation

YOU has a special legal status in comparison with other instances. In this regard, he oversees their activities and gives explanations on all emerging issues of practice. YOU considers cases as a first instance. Disputes due to newly discovered circumstances are settled by way of supervision. As part of YOU there is:

• Plenum.
• Presidium.
• Two colleges. One considers disputes arising from administrative, the other from civil and other legal relations.

The EAC is empowered to develop proposals aimed at improving legal acts and implementing legislative initiatives within its competence. The court keeps general statistics and organizes similar work in other speakers. His tasks also include taking measures to create appropriate conditions for the functioning of other authorities, including with regard to organizational, personnel, material and technical support. The competence of the Supreme Arbitration Court extends to issues arising from interstate agreements. The institution also implements other functions defined in the Constitution.

Federal instances of districts

The competence of arbitration courts of this level includes a cassation review of the legality of various decisions of regional authorities. In particular, decisions taken at the first and appeal levels are examined. Their jurisdiction includes trial of the circumstances. The country has 10 federal authorities of districts. The competence of arbitration courts of this level applies to a certain number of regions.

So, for example, the Federal Antimonopoly Service of the Ural District checks the decisions made by the authorities of the Kurgan, Orenburg, Chelyabinsk, Perm, Sverdlovsk Regions, the Republics of Udmurtia and Bashkortostan, and the Komi-Perm AO. Each FAS has a presidium and two collegiums. Their formation is carried out in accordance with the 24th article of the FCL, which regulates the activities of the arbitration courts of the Russian Federation.

Regional authorities

On the territory of several entities, judicial power can be exercised by one authority, just as within one locality several ACs can operate. The consideration of cases is carried out in the order of the first and appellate instances. The competence of the arbitration courts of the subjects also extends to disputes parsed by newly discovered facts. The authorities have a presidium. The legislation also provides for the formation of collegiums. They consider disputes arising from administrative, civil and other legal relations.

Institutional Tasks

The system and competence of the arbitration courts are formed in accordance with existing social and state needs. In this regard, specific tasks are set before the authorities. These include:

1. Protection of disputed or violated rights and interests of persons, the state, subjects of the country, municipalities, state bodies, territorial structures, officials in the field of business and other economic activities.
2. Ensuring the availability of judicial proceedings.
3. Fair and public, independent and impartial proceedings within the time limit established by law.
4. Strengthening the rule of law and preventing violations in the field of business and other economic activities.
5. Assistance in establishing and developing business partnerships, ethics and business practices.
6. Ensuring respect for law and court.

These tasks are determined by the objectives of the authorities, which are formulated in accordance with the Constitution, Federal Law and interstate obligations. All of them are focused on providing protection, acting as the final result of the functioning of the arbitration system. This provision logically proceeds from the 18th article of the Constitution. In it, justice is considered as a condition that ensures the direct realization of the freedoms and rights of a citizen and a person. Most of the tasks of production in the instances has a traditional character. This is due to the fact that in one form or another they are reflected in the legislation throughout the entire period of the system’s existence.

After the country joined the Council of Europe, the traditional tasks were joined by functions related to the fulfillment of obligations undertaken by Russia under interstate treaties. According to Art. 6 (Clause 1) of the European Convention, in the event of a dispute regarding his civil duties and rights or in the case of criminal charges against him, each person is given the right to consider the matter within a reasonable time by an impartial and independent court formed in accordance with legislative provisions. The decision of the court is announced publicly. At the same time, outsiders and the press may not be allowed to attend this meeting for moral reasons, in order to ensure security, and also if this is required by the personal interests of the participants in the process.

Dispute Classification

The legislation provides for the delimitation of the competence of general arbitration courts. The APK does not establish a closed list of disputes subordinate to the authorities. However, in Art. 28-32 provide key categories of cases to be considered. For the convenience of delimiting the competencies of the arbitration court, disputes are grouped.

So, cases arising from civil, administrative and other legal relations are distinguished. According to Art. 28 of the APC, the competence of arbitration courts extends to economic and other disputes related to the conduct of entrepreneurial and other economic activities of individual entrepreneurs and legal entities. And in cases provided by law - by other citizens and organizations. The nature of the legal relationship, used in this article as a criterion of jurisdiction, emphasizes that the authorities have the right to consider conflicts arising in the civilian sphere.

Categories of affairs

The competence of the arbitration courts of the Russian Federation extends to disputes under agreements, the conclusion of which is provided for in the legislation or the transfer of which the AU has been agreed by the parties. Conflicts of a pre-contractual nature are considered by the authorities in the event that the obligation to sign the document is provided for by the Federal Law or by agreement of the parties to the relationship. According to paragraph 4 of Art. 445 of the Civil Code, if one of the parties, which is prescribed by the norms to conclude an agreement, evades this, the second person may request compulsion to do so. Based on the foregoing, the competence of the arbitration courts of the Russian Federation extends to disputes over the refusal:

• Companies from signing a public agreement. This procedure is regulated by paragraph 3 of Art. 426 GK.
• From the conclusion of the main contract in the presence of a preliminary agreement. This process is regulated by paragraph 5 of Art. 429 Civil Code.

The jurisdictions under consideration also hear cases relating to changes in conditions or termination of agreements. In particular, we are talking about the requirements established in Sec. 29 Civil Code. Along with this, according to Art. 452 of the Code, for claims of this type mandatory claim procedure. The competence of the arbitration courts of the Russian Federation also extends to conflicts arising from non-fulfillment or improper fulfillment of obligations. Such cases include, but are not limited to, claims for damages, the application of sanctions established by contract or law. Other disputes considered by the authorities should include:

• Recognition of ownership.
• Claiming the rightful owner of material assets from someone else's use.
• Violation of property rights not related to dispossession.
• Indemnification. Such cases include not only claims on the party to the contract, but also on state or local authorities.

Administrative and other public relations

In accordance with Art. 29, the arbitral tribunal parses cases:

1. On contesting regulatory acts concerning the interests and rights of the applicant in the field of entrepreneurial and other economic activities. Consideration of such disputes is carried out if they are assigned by the Federal Law to its jurisdiction.
2. On appealing against non-normative documents of state, local, regional authorities, actions / inaction, decisions of these structures and their officials affecting the interests and rights of the plaintiff in the field of entrepreneurship or other economic activities.
3. About administrative violations. Such disputes are also considered if they are assigned to the arbitration tribunal.
4. On the recovery of sanctions and obligatory payments from citizens and legal entities engaged in entrepreneurial and other economic activities, if the legislation does not establish a different procedure.
5. Other disputes arising from administrative and other public relations, if they are referred to the jurisdiction.

Jurisdiction Criteria

In the field of administrative proceedings, disputes with certain characteristics are considered. In particular:

• Conflict must arise from an appropriate attitude. For example, it can be customs, tax disputes.
• The content of the case should relate to entrepreneurial or other economic activity, access to it or assessment of the legality of a legal (normative or non-normative) document.

In administrative proceedings, unlike civil proceedings, special requirements are made for the legal status of participants. In this case, as a rule, the plaintiff acts as a legal entity or an individual entrepreneur. It can also be a prosecutor or a government agency, a local government structure. The defendant may be the president, the executive federal institute, the government, the municipal educational institution, the official, including employees of the FSSP, and so on.

Specificity

According to Art. 118 of the Constitution, justice in the country is carried out exclusively by authorized bodies. In their activities, bodies use the provisions of civil, administrative, civil legislation. The system and competence of arbitration courts are formed in accordance with regulatory requirements adopted in pursuance of the Constitution and interstate treaties. AU activity is a specific form of exercising power in the field of administrative and civil law. Moreover, the arbitrations themselves are part of the system of bodies of general jurisdiction.

Considering the authorities in this aspect, it should be noted that they act simultaneously as institutions of public and private law. In their jurisdiction are, therefore, cases arising from specific legal relations. The concept of competence of arbitration courts is formed in accordance with current trends in the development of the whole institution. The practical implementation of the rules of jurisdiction is associated with the acquisition by authorities of a special status. These bodies exercise judicial power in the field of business and other economic activities of business entities. The trend reflecting the development of the institute is confirmed by a significant expansion of the capabilities of the institution after the reform and the adoption of new versions of the Code of Civil Procedure and Agro-Industrial Complex.

In view of the foregoing, arbitration courts cannot be called specialized bodies. They carry out their activities in accordance with the uniform rules of production, which apply to other instances. Moreover, their competence includes disputes relating solely to entrepreneurship or other economic activities. To implement the tasks assigned to the authorities, they carry out organically related functions. Among the main ones, it should be noted:

1. Settlement of disputes arising in the framework of entrepreneurial activity.
2. Prevention of violations of the law.
3. Statistical accounting, generalization of information and analysis of the results of their work.
4. The implementation of interstate interaction in the manner prescribed by law.

Conclusion

The judiciary in the Russian Federation is of key importance in the field of ensuring the implementation by subjects of their rights and obligations. The possibility of making claims under the lawsuit is established by the Constitution and legislation. Depending on the sphere in which a particular dispute arose, the case relates to the jurisdiction of certain courts. AU resolves conflicts related to business or economic issues. In this case, the arbitration courts consider in the framework of administrative and civil proceedings. In their work, the authorities are guided by the provisions of the Constitution, Federal Law, agribusiness and industrial complex. The common tasks for all arbitration courts are:

• Protection of the interests and rights of organizations and citizens protected by law.
• The correct and uniform application of regulations.
• Assistance in strengthening the rule of law in the field of entrepreneurship and in the framework of other economic relations through the use of existing legal means.

The supreme body in the system is YOU. This authority solves many problems. They concern not only the direct consideration of economic disputes. The jurisdiction of the EAC includes generalizing the practice of other arbitration courts, developing proposals for improving legislative provisions. Of particular importance are its supervisory functions. The SAC is authorized to verify the legality of decisions made by other arbitration courts. The process of considering economic disputes involves a special composition of participants in production. One of the parties to such cases is always an enterprise or a citizen conducting commercial or other economic activities.

In the framework of such proceedings, entities can not only restore or challenge violations of their rights and interests, but also demand compensation for losses, cancellation of normative or non-normative acts, and recognize the illegality of actions / omissions of perpetrators. All this is of great practical importance in modern economic conditions. The principles of arbitration proceedings do not differ from the provisions on which a civil or criminal trial is based. In all cases, the authorities must ensure timely, impartial, independent and objective consideration of the dispute. Only when these conditions are met will the common goal of the trial be achieved - protecting the rights and interests of organizations and citizens.