The arbitration court is a body that is part of the judicial branch of the Russian Federation. It is headed by a chairman who oversees the entire apparatus. Next, we consider the main features of the arbitration courts of the Russian Federation, as well as the first persons who head them.
Court of Arbitration
Before considering the main features of the work of the chairman of the arbitration court of the Russian Federation, it is necessary to identify the concept that defines this structure.
The arbitral tribunal is a body with special jurisdiction status. Its main task is to resolve economic disputes between legal entities (enterprises and organizations). In addition, judges of this state structure are involved in the consideration of some other cases that fall within its competence.
In relation to the courts of general jurisdiction, the arbitral tribunal is specialized. In the Russian Federation, they are positioned at the federal level and are components of the general judicial system.
All activities in which the organization in question is governed by the laws in force in the Russian Federation. In particular, the specifics of the activities of the chairman of the arbitration court of the Russian Federation, as well as similar structures in certain cities of the state, are regulated by the Law "On Arbitration Courts in the Russian Federation" and special regulations. Moreover, these normative acts prescribe powers and regulate the activities of deputy chairmen of the courts, as well as of persons included in the structure of each apparatus.
Competence of the arbitral tribunal
The abovementioned normative acts indicate the limits of competence of the authority in question. Thus, the arbitration courts in Russia are authorized to consider cases related to the settlement of economic issues that may arise between legal entities represented as separate organizations, institutions or enterprises, as well as individuals who do not have this status, but are registered in the state register as entrepreneurs. It should be noted that this status of a private entrepreneur must be assigned in the manner prescribed by law.
The jurisdiction of the arbitration courts operating in the territory of the Russian Federation also includes the consideration of cases in disputes arising between specific entities independent of each other or between the state, on the one hand, and a legal entity, on the other. As a rule, the consideration of such cases takes place in relation to the establishment of any facts of a legal nature (for example, the establishment of a fact that is important for the termination of the organization).
All decisions that are made by the chairman of the arbitration court have one main feature - they are final. This means that the decision is not subject to appeal at any instance. Their execution must be carried out strictly within the time frames specified in the content of the court decision, as well as in full. In the event that this period is not specified, then all the prescribed actions must be carried out immediately.
The chairman
The general functions related to the management of the structure of the court apparatus are performed by the chairman, who simultaneously plays the role of a judge.In accordance with the provisions in the Federal Law "On Arbitration Courts in the Russian Federation", this person must fulfill all the obligations that are assigned to him by law.
The chairman of the arbitration court (in the Russian Federation) has the right to issue orders and orders, which are subject to mandatory compliance and enforcement.
Appointment of Chair and Vice-Chairs
Special attention should be paid to the process in which a person is appointed to the position in question. It is prescribed by the current legislation governing the activities of the courts of the arbitration group, as well as the regulations.
So, in accordance with the norms prescribed by the legislation of the Russian Federation, the appointment of the chairman of the Supreme Arbitration Court of the Russian Federation is carried out strictly by the Federation Council. The duty to represent the candidate for this post is vested in the President of the state. The procedure for appointing the chairman of the Moscow Arbitration Court and the apparatus located in other regions of the Russian Federation has some peculiarity - it provides for the direct appointment of elected persons directly by the President of the Russian Federation, without approval of the candidacy submitted by the Council of Federations.
The selection of candidates for the position in question should be carried out exclusively on a competitive basis. The law also states that any citizen of the state who fully complies with all requirements established by law has the right to submit his candidacy for the post of chairman of the arbitration court or his deputy.
What requirements does the state impose on those persons who express a desire to run for president of the arbitration court (Moscow or regional, as well as the Russian Federation):
- First of all, a person who has not only a long experience in the position of a judge, excellent knowledge and good practice, but also some administrative skills that will certainly be required for the quality management of the entire apparatus should be appointed to this position.
- In addition to all this, a person must pass the examination of the qualification commission, consisting of high-class judges and experts in the field of jurisprudence. Based on the results of the exam passed, the commission should determine whether the candidate has a sufficient knowledge base, practice and skills sufficient to exercise the powers vested in the chairman of the arbitration court of Moscow, any other territorial entity or the whole state.
In the event that, for all these parameters, as well as for the moral and ethical qualities inherent in him, the candidate is suitable for the role of the chairman of the apparatus, he is nominated by the President of the Russian Federation for approval to the Council of Federations, where the voting procedure takes place.
There is a certain list of legal requirements that are put forward to all persons wishing to take the post of chairman of the arbitration court apparatus:
- The legislator indicates that this person must be a citizen of the Russian Federation and fully capable. When studying the legal features of a person nominated as a candidate for the post of chairman of the arbitration court, special attention is paid to whether he has the citizenship of another country or a residence permit in another state - confirmation of this fact is a good reason for refusing to nominate his candidacy for employment fasting.
- In addition, the absence of a criminal record, as well as a current criminal prosecution, is of no small importance for appointment to the post in question.
- A person applying for the post of chairman of the court or his deputy must be completely healthy in mental and moral aspects, therefore, the presence of a confirmed fact of his treatment in a neuropsychiatric or narcological dispensary is another reason on which a person will be denied the nomination for the candidate fasting.
- With regard to age restrictions, they are also provided for by law.So, the appointment of the chairman of the arbitration court of local importance is possible only in relation to those persons who have reached the age of 25 years and of which have at least 5 years of experience in the legal profession. In the event that the court is of federal importance, then its chairman may be a person who has worked in the field of jurisprudence for at least 7 years and has reached the age of 30 years. If we talk about the features of the appointment to the post of chairman of the Supreme Arbitration Court of the Russian Federation, it should be noted that a person applying for this post should not be younger than 35 years old, and his work experience in the specialty should be at least 10 years.
The appointment of vice-chairmen is also carried out on the basis of compliance with all indicators established by law, as well as in the presence of a positive opinion of the qualification commission. Decisions on the appointment of deputy chairpersons of the Supreme Arbitration Court or apparatus of territorial significance are made exclusively by the President of the state.
Not later than 6 calendar months prior to the moment when the presiding judge reaches the age limit for staying at the indicated post (67 years), an official publication of a vacant post must be made, for which a contest is being held. In the event that, in connection with any circumstances, a person is forced to terminate his powers ahead of schedule, this announcement should be provided on the official resource no later than 10 days before removal from post.
Rights of the chairman and his powers
What rights does the chairman of the arbitral tribunal have? All of them are spelled out in the content of the Federal Law "On Arbitration Courts in the Russian Federation". Let us consider them in more detail below.
All rights of the chairman of the apparatus of the instance in question are related to the participation of the incumbent in law-making, as well as in public life. So, the basic right of the chairman of the arbitration court at any level lies in the possibility of attending meetings held by public authorities. As part of their stay, an official has the right to make some proposals for improving legislation.
As for the powers of the person holding the post of chairman of the arbitration court of Moscow or any other territorial unit of the state, they are more extensive. The main one is the representation of the apparatus in various relations, which may arise with other state bodies or public organizations. The number of powers also includes the management of the apparatus in terms of the formation of its composition. So, the chairman is engaged in the direct appointment and dismissal of all employees of the subordinate judicial apparatus. The chairman’s powers also include the possibility of forming a judicial composition, as well as organizing the overall activities of the entrusted apparatus. The person appointed to the position in question, among his powers, has the opportunity to distribute responsibilities between his deputies.
The chairman of the arbitration court has the right to convene the presidium of the apparatus, as well as to raise some organizational issues of local and legal significance. Moreover, this person is the chairman of such presidiums.
The powers of the chairman also include the consideration of complaints against judges of the entrusted apparatus. This procedure should be carried out strictly in accordance with existing regulations and on the principle of legality. As for the circle of persons entitled to submit complaints, they can be directly participants in the process, as well as third parties. A sample complaint about an arbitration judge to the chairman of the court can be found on the official resource posted on the Internet. If necessary, it can be claimed in the office of the apparatus.The legislator determines the possibility of filing a complaint about the illegality of the actions of the chairman of the court apparatus, but in this case it should be addressed to the Supreme Arbitration Court, the body that is charged with the responsibility of supervising the work of lower-level apparatuses.
Suspension of authority
In what cases can the powers of the chairman of the Supreme Arbitration Court or any other local authority be suspended? The legislator offers an exhaustive list of reasons for this.
The powers of the chairman may be suspended for a certain period in the event that the person holding the position, on the basis of a court decision that has entered into force, is declared missing. Similar consequences entail the initiation of a criminal case against this person or his involvement as an accused. In these cases, the suspension of authority is valid until the moment the person appears or until a decision is made regarding his guilt in the case under consideration.
Suspension of the powers of the chairman of the apparatus is also possible if this person takes part in the election campaign for the election of a member of the representative authority of any state entity. This is due to the fact that the election of a person holding the post of chairman for a political position will violate one of the basic requirements for a candidate for the chair and judge - non-partisanship.
Renewal of authority
The powers of the chairman, suspended on the above grounds, may be renewed in the manner prescribed by law. The decision to renew must be made by the Qualification Collegium of Judges. The legislator notes that in its role the Collegium which made the decision on suspension must necessarily act. The fact on the basis of which this decision can be taken is only a circumstance that refutes the basis for making a decision on the temporary suspension of the chairmanship (for example, non-election to the authority or termination of criminal proceedings against a person, etc.).
Vice-chairman
The deputy chairman of the court of the instance in question may be a person with high moral and ethical qualities, as well as having excellent legal skills and worthy knowledge. His appointment is made by the President of the Russian Federation.
Only acting judges always take the role of deputy chairman of the court apparatus. In parallel with the occupation of this position, these persons fulfill their procedural powers assigned to them by law in the framework of occupying the position of judge.
Deputies are required to perform all actions assigned to them by regulatory enactments, as well as those functions that are assigned to them in accordance with the decision of the chairman of the apparatus. These persons have the right to lead judicial boards, as well as organize the activities of individual structural units of the apparatus entrusted to them by decision of the chairman. In the event that the chairman of the apparatus is absent from his post for legitimate or legal reasons, the whole range of his powers passes to one of his deputies.
Council of Presidents of Arbitration Courts
The system of judicial authorities operating on the territory of the Russian Federation includes the Council of Chairpersons, which consists of persons holding these positions in arbitration courts.
The specified apparatus is an advisory type organ. The Council of Chairpersons of the Arbitration Courts operates under the Supreme Arbitration Court. The work of this body is carried out in the form of meetings, which are held as necessary.It consists of the chairmen of all arbitration courts operating in the territory of the Russian Federation, as well as the chairmen of the arbitration courts of appeal.
At meetings of this Council, issues related to the organizational and financial activities of the courts, as well as staffing of apparatuses are considered. All materials on issues submitted for consideration should be prepared by the chairman of the apparatus who initiated the meeting. All decisions that are made in the course of their consideration are purely recommendatory in nature, and for their implementation, orders and orders are issued, which must be signed by the chairman of the Council.
The head of the Council of Presidents is assigned to the chairman of the Supreme Arbitration Court of the Russian Federation.
Scientific Advisory Board
Persons holding the chairmanship of the courts of this type have the full right to participate in the Scientific Advisory Council. It is created by the Supreme Arbitration Court of the Russian Federation and is a deliberative body that conducts its work in the form of meetings and meetings.
The main task of the body in question is to study the legislation in detail and develop legal recommendations based on its norms. Moreover, this body is entrusted with the task of interpreting normative acts and laws. The Scientific Advisory Council also writes clarifications on materials provided by judicial statistics, as well as those noted during the practice of judicial proceedings.
As for the recommendations, the authority under review has the right to make them with respect to only a certain list of documents. These include draft explanations drafted by the Plenary of the Supreme Arbitration Court regarding the specifics of law enforcement based on materials provided by statistics and practice, draft instructions, as well as on some other issues that may arise during the course of judicial practice and arise in a judicial proceeding. All interpretations issued by this council are considered sources of law, on which lawyers very often rely in resolving issues of a legal nature.
As for the composition of the body under consideration, it may on a voluntary basis include chairpersons of arbitration courts of federal and local significance, as well as high-class judges who have extensive experience in law enforcement.
The composition of this council must be approved by a separate order. This document is published and signed by the chairman of the Supreme Arbitration Court of the Russian Federation.