The concept and types of jurisdiction of arbitration courts

The arbitration court is a body that carries out activities in the field of justice: it considers disputes that are related to the participation of citizens and their professional work.

Currently, they perform the functions of departmental and state arbitration - bodies that operated until 1991.

These are the federal courts of the judiciary. They are directly involved in economic disputes. Most often, such issues arise in civil, administrative and other respects. First of all, such cases are studied at the local level in cities, regions, etc.

They perform a lot of important functions. Namely:

1. Provide access to justice.
2. Guarantee fair trial within a reasonable time; independence and impartiality of work.
3. Strengthen the rule of law and prevent wrongdoing.
4. Form a respectful attitude of citizens to the law, to the court.
5. Develop partnership business relationships and form the customs and ethics of business turnover.
6. Protect violated or disputed rights and interests of citizens and the Russian Federation.
7. Control the jurisdiction of disputes to the arbitration court.

Such courts help:

• prevent violation of the law;
• resolve disputes;
• carry out statistical accounting and make analysis of statistics on their work;
• establish an order and implement international relations and contacts in the order that is approved.

Kinds

Arbitration courts are:

1. Subjects.

They resolve issues of civil and administrative proceedings.

This is the bottom link among arbitration courts of federal significance.

There are 84 such courts in Russia in total. They also include 4 autonomous districts. They are located on a permanent basis in the administrative center, which corresponds to the subject.

In other words, in each subject there is an individual court. It must be remembered that the structure of each of them contains a presidium. It may also include some kind of judicial board, or even several. They study the conflicts that arise in the course of civil and administrative relations.

According to the Rules, at least five judges must be included in any judicial composition.

2. District.

Check the decisions made by the appellate bodies and courts of the subjects of a particular district.

3. Appeal.

Judicial board examines issues of administrative relations. It is the presidium: it includes the chairman, deputy and judges. Also, other colleges can be accepted into the composition to study individual conflicts not on an ongoing basis. This is decided by the Plenum of the Supreme Arbitration Court.

Duties of the court of appeal:

• analyze forensic statistics;
• prepare proposals that can improve laws and other acts;
• request verification of the constitutional law that was applied in the dispute;
• verify compliance with the law and the basis for a case that has not yet entered into force.
• review disputes if new circumstances are discovered;
• to study judicial practice, to make its generalization.

The Bureau

It is convened by the chairman when necessary, and can resolve issues if more members are present. In this case, decisions are made by open vote, and they are signed by the chairman himself. Nobody has the right to abstain from voting.

As mentioned above, additional collegiums can organize, they are approved by the Bureau itself, its judges. In this case, they will be headed by vice-chairmen.

If necessary, he himself can attract judges to study the matter using his order.

In the arbitration court of appeal the judicial composition is formed from among the judges included in the relevant judicial board, and in the absence of judicial boards from among the judges of this court.

The Presidium approves the judicial composition. The chairman is elected for three years. One judge can be selected several times. He works in accordance with the procedural powers established by the code.

Its functions include:

1. Distribute responsibilities among alternates.
2. Engage in the general management of the device.
3. Organize the activities of the court.
4. To form judicial structures.
5. Perform other duties that are approved.
6. If necessary, be able to introduce the device to other bodies.
7. Appoint and dismiss employees on time.
8. Convene the Presidium and preside over the meeting; make matters of conduct.
9. Issue orders and instructions.

His deputies are judges, they carry out various procedural powers. Judicial colleagues are led in accordance with the distributed powers and positions. They also organize the activities of structural units of the apparatus.

If the chairman is absent, his duties are performed by the first deputy or one of the other deputies.

In order to bring justice closer to the geographical place where the participants are located (provided that this happens in a remote area), court presences are formed on an ongoing basis. They are not located where the courts are constantly located, but directly at the place of study of the case. The need for this is also associated with a huge number of cases that need to be considered.

It is worth talking in more detail about the concept and types of jurisdiction of cases to arbitration courts.

Let's continue. Jurisdiction - subjective rights and interests that are protected, protected and relate to the department of arbitration courts.

The concept jurisdiction of cases to the arbitration court - the concept is not so broad, more specific. It shares the issues in different parts that are part of the government. This article describes in detail both terms, their types and features.

Varieties

There are two types of jurisdiction of arbitration courts. Namely: patrimonial and territorial. These types have certain subtleties and details.

Tribal jurisdiction

Designed to differentiate issues at different stages. They are considered by arbitration courts.

This information does not apply to conflicts included in the jurisdiction of the Arbitration Court of the Russian Federation.

Territorial jurisdiction

Draws the border: where the department of arbitration courts of a single type begins and ends. Provided that they are all subjects of the Russian Federation.

The procedural code of the Russian Federation contains special types of jurisdiction of the arbitration court. This applies to the territorial attribute:

1. Negotiated.

Within its framework, the possibility of changing several types of jurisdiction is provided. Alternative and general can be adjusted before the start of production, if all parties agree.

2. General territorial.

For this type of jurisdiction, the arbitration courts tend to bring a lawsuit at the location of the defendant. The legal entity in this case refers to its place of registration only if there are no special documents that indicate otherwise.

3. Exceptional.

In accordance with this type of jurisdiction, cases can only be considered by a specific arbitration court.

4. Alternative.

The rules for choosing jurisdiction are provided to the plaintiff in connection with Article 36 of the APC of the Russian Federation.

5. The jurisdiction of arbitration courts in connection with cases is distinguished by the fact that it does not depend on the territorial factor, but refers to the arbitration court in which a case is considered with which this dispute is directly related.

Impartiality

If the case is not subject to arbitration, then this is the basis for the return of the claim to the applicant.

If the jurisdiction of the case to the arbitration courts became clear after the start of the trial in this case, then it must be transferred to the arbitration court, to which it is jurisdictional in accordance with the law.

Jurisdiction and jurisdiction of arbitration courts

1. The Supreme Arbitration Court of the Russian Federation.

This authority studies the types of issues related to:

• Normative and non-normative legal acts of the President, the Council and the State Duma of the Russian Federation and their appeal.
• Financial disagreements of persons among themselves.
• The collection of sanctions and payments, which are mandatory for those persons with financial work (organizations, citizens). This is true for those cases for which there is no other way to recover funds.
• Other issues that have arisen in any public, administrative relations.

Provided that their study is lawful and is in the department of this arbitration court:

• Formation of legal facts for the creation, amendment and termination of firms and persons in these areas. The authority investigates these disputes in a special manner in accordance with article 30 of the APC of the Russian Federation.
• Appeal against the verdict issued by the arbitrator.
• Verdicts that have been made and executed by foreign courts.

2. Intellectual rights. Courts are studying issues on:

- Appealing claims that affect the rights and interests of the plaintiff in the section:

• protection and protection of the results of intellectual work and individualization tools;
• selection research rights and various patents;
• topological integrated circuits; secret product creation information;
• the use of products obtained as a result of intellectual work in the process of technology development.
• acts of authorities.

- Questions on the provision or termination of protection of achievements in this type of work and means that are equated to them.

The exception is persons with related and copyright rights, integrated circuit topology.

- Appeal against verdicts of a non-normative type of executive bodies on the issue of this type of property, the results of the study of selection.

- Appeal against the verdicts that the antitrust authorities have issued regarding the recognition of unfair competition and actions related to the purchase of a unique right to a means of individualization of a person or company, service or product.

- Establishment of the patent holder.

- Recognition of the invalidity of patents for the invention of a utility model, selection achievement or industrial design.

- Providing protection and protection for a trademark, appellation of origin of a product and obtaining a special right to it. An exception is other procedures for recognition of the product name provided for by federal law.

- Early termination of protection and protection for a trademark that are associated with its non-use.

Jurisdiction measures

Delimitations in the competence of the Constitutional Court and courts of general jurisdiction and arbitration courts of the Russian Federation.

Each of them has the right to do business and solve only those disputes that are in his jurisdiction in accordance with the regulatory legal acts of the Russian Federation, to work only within the framework of competence that has been established.

To determine the jurisdiction of the dispute, the arbitral tribunal examines the economic side of the issue that arose as a result of any economic or entrepreneurial work between the entities.

To determine the jurisdiction and jurisdiction of arbitration courts, there are criteria:

• the main criterion is the subject of legal relations, due to which they arose;
• the second point is the subject composition of entrepreneurial or economic legal relations.

In accordance with regulatory legal acts, the arbitration court resolves conflicts involving the following persons:

• citizens working with a legal entity without an appropriate classification, if at the same time they are individual entrepreneurs;
• firms - legal entity.

Cases of dispute resolution are also possible, the participants of which are not lawyers and entrepreneurs. Officers, governing bodies and education. This is possible if such matters are prescribed by law.

Types of jurisdiction

When examining the issue by such courts, it does not matter at all who is a participant in the relationship in which the conflict arose. Citizens, organizations, legal entities or entrepreneurs.

This rule also includes the study of the types of jurisdiction:

1. Special:

• applied in bankruptcy, insolvency;
• cases related to the reorganization or destruction of the company;
• absence or avoidance of registration in the state;
• association of shareholders;
• relations between various economic communities that arise from their joint work.

The exception is conflicts between direct partners and their partnership.

These issues are included in the concept and types of jurisdiction of arbitration courts. It also includes the study of conflicts in which business reputation and its protection are involved.

Questions on the creation, modification and destruction may arise as a result of work that is not related to obtaining financial benefits. In this case, the arbitration courts do not consider them. Such persons may engage in:

• Politics
• religion
• charity;
• non-profit activities.

It can be foundations, associations, parties or organizations.

It is worth noting that the protection of business reputation is discussed only if citizens who do not have the status of an entrepreneur and author of published information are involved.

2. Multiple

• Alternative - includes the choice of a person who is seeking protection for his rights. Nevertheless, according to the rules of jurisdiction of cases to arbitration courts, if a person applied for permission in a non-judicial manner, he does not lose the right to appeal to court.
• Contractual - defines mutual agreements of the parties.
• Imperative - disputes are studied with the help of several jurisdictional bodies in a specific lawful sequence.

If the lawsuit has been violated in filing a lawsuit, this is no reason to return it. This case provides for the adoption of such a statement of claim, and its jurisdiction is resolved through a court session.

Suing

If it is not known where the defendant is located, it is possible to sue his property if this is available in one of the constituent entities of the Russian Federation. In this case, an agreement may exist that contains information about the place where the statement of claim will be studied.

In this case, the presentation takes place according to the jurisdiction of the arbitration courts, to the indicated place of the subject.

If a legal entity is blamed for the activities of its branch or representative office, which are located not at the location of the defendant, the application may be filed at the place of both the person and the branch.

To compensate for the loss that was caused during the conflict in court or as a reward for the support provided at sea, you need to file a claim where the court or port against which the dispute is located. This can be done according to the jurisdiction of the arbitration courts of the Russian Federation.

If the dispute is adjudicated by several arbitration courts, the choice of a specific one is provided to the plaintiff.

Violation

There are situations when the rules, study and completion of the issue may be violated, do not meet the requirements of fair justice. After all, if the court is not authorized to study a specific dispute, it will not comply with generally recognized norms, concepts and types of arbitration courts. The court decisions that were adopted at this time cannot guarantee the rights and freedoms in this area of ​​justice.

The Constitutional Court of the Russian Federation contains a provision in which it is said: if during the study of the issue the rules were violated, this will be the reason for the cancellation of the verdict that was issued. This can be done in accordance with procedural law.

Violation of the jurisdiction of the arbitration court suggests that the proceedings took place in the illegal composition of the court. In this case, the annulment of the judicial act occurs without fail.

Such positions are widely used in practice.

For example, in one issue, court proceedings exacted payments on arrears for goods delivered and forfeit. The court also indicated that the defendant's arguments were untenable, since an agreement existed between the parties. Nevertheless, the district court did not agree with this decision and noted that referrals to the contract are not factual circumstances, since the plaintiff is not a party to the contract.

It turns out that the arbitration courts must cancel the judicial act if they discover a dispute in which the legal rules of jurisdiction are violated. And then make a transfer to the arbitration court on jurisdiction.