Order and simplified proceedings in the arbitration process

Important directions in the development of arbitration procedural legislation are considered to increase the level of accessibility of justice, simplification, acceleration and optimization of legal proceedings. This trend is clearly seen both in Russia and abroad.

In our article, we consider the categories of order and simplified proceedings in the arbitration process. To begin with, it is advisable to study them separately, and then present a comparative description.

Simplified Arbitration Procedure

Such a proceeding is a special procedure for the consideration of cases provided for in Sec. 29 of the Arbitration Procedure Code of the Russian Federation, according to which arbitration courts consider cases of lawsuit proceedings, as well as proceedings in cases arising from administrative and other public relations of a legal type. The concept of simplified proceedings in the arbitration process does not exclude the existence of a dispute over law. This is the difference from the consideration of cases in order proceedings. Consider the appropriate order.

So, in the order of simplified proceedings in the arbitration process the following cases can be considered:

1. According to the statement with the claim regarding the recovery of money, if the price of the claim for legal entities is not more than 500,000. rub. It is worth adding that in relation to individual entrepreneurs, this amount will be equal to 200,000 rubles.
2. On disputes regarding decisions of structures that exercise public authority; about non-normative legal acts; as regards decisions of officials (when there is a requirement in the relevant non-normative act or specific decision to pay money, it is envisaged to be collected or this penalty shall be levied on the other property of the applicant, however, provided that these decisions, acts will be challenged by the applicant in terms of the claim on the payment of money, their recovery or foreclosure on other property of the applicant). In this case, the amount disputed by the applicant should not exceed 100,000 grew. rub.
3. In a simplified procedure, in the arbitration process, cases are considered regarding holding the administrative plan liable when an appropriate penalty has been imposed for the implementation of an administrative offense, but only in the form of an administrative fine, the maximum amount of which was not more than 100,000. rub.
4. On disputes over decisions of administrative structures related to bringing to administrative responsibility, when a specific penalty is imposed for the implementation of an administrative offense, but only in the form of an administrative fine. It is worth adding that its size should not exceed 100 thousand rubles.
5. Included in simplified proceedings in the arbitration process are cases involving the recovery of cash payments and sanctions of a mandatory type, if the total amount of money to be collected specified in the application varies from 100 thousand to 200 thousand rubles.

What matters do not consider?

What matters are not subject to consideration in the simplified proceedings in the arbitration process? Among them, it is important to note the following:

1. Related to state secrets.
2. Related to corporate disputes.
3. On the protection of the legitimate interests and rights of a group of persons (according to part 4 of article 227 of the agro-industrial complex). It is advisable to add that such cases are not investigated, even if the parties agreed to conduct the procedure in accordance with the rules of simplified proceedings in the arbitration process.

Based on the characteristics that are established by federal laws and regulate issues of economic insolvency, in other words, bankruptcy (part 1 of article 223 of the APC of the Russian Federation), bankruptcy cases are not subject to consideration in the procedure for such proceedings.

In addition, claims related to the jurisdiction of the Intellectual Property Rights Court as a court of first instance are not considered in simplified proceedings in the arbitration process.

Let's move on to the main characteristics of the category.

Features of simplified proceedings in the arbitration process

You need to know that cases in this order are considered in accordance with the rules of action. Moreover, the features established by Ch. 29 agribusiness of the Russian Federation. This is primarily about court hearings, which are not appointed in these cases. For this reason, persons who are actively involved in the case do not receive a notice of the place, as well as the time of the court hearing. In addition, recording is not carried out in writing and using tools for audio recording. And finally, the rules are not used related to the postponement of the proceedings (in other words, the trial), with a break in the court session, with the announcement of the court decision (Article 226 of the APC).

In the process of making an application with a lawsuit for judicial proceedings, the judicial authorities decide whether the case is included in the category of cases referred to in parts 1 and 2 of Art. 227 APC of the Russian Federation. When the case relates to the formal characteristics, it should be sorted out in simplified proceedings in the arbitration process, which should be indicated in the definition related to the acceptance of the statement of claim (part 2 of article 228 of the agro-industrial complex). It is important to add that in this case the consent of the parties related to the consideration of the case is not necessary.

If third parties are indicated in the statement of claim, then this in itself is not considered an obstacle to the parsing of the case in accordance with the essence of the simplified proceedings in the arbitration process.

Timing issue

Further, it is advisable to parse the terms in the simplified proceedings in the arbitration process. It is important to know that such cases should be considered by the court in a period that does not exceed 2 months directly from the date of receipt of the statement of claim. It is worth adding that this provision is dictated by Part 2 of Art. 226 agribusiness.

In the determination related to the acceptance of the statement of claim, the judicial authorities indicate the consideration of a particular case in this order and establish the following deadlines in which the persons participating in the case submit documents and evidence to the court, as well as to each other (parts 2 and 3 of Article . 228 APK):

1. Fifteen days or more - the defendant gives feedback (in other words, an objection) to the statement of claim. Any persons involved in the case provide evidence to which they refer, since evidence is the basis for actual objections and claims.
2. Thirty days or more - additional documentation is submitted containing explanations related to the substance of the stated objections and claims in support of their own position. It should not contain references to evidence not disclosed within the time period established by the court.

Order production

We examined the category of simplified proceedings in civil and arbitration proceedings. It is advisable to proceed to order proceedings. So, from May 1, 2016, serious changes and additions to the agro-industrial complex of the Russian Federation came into force. So, today it is not always relevant is the need to appeal to the judicial authorities with a statement of claim. The fact is that in some cases you can do only a statement regarding the issuance of a court order.

It is worth noting that the enforcement proceedings are regulated through the new Ch. 29.1 of the agro-industrial complex operating in the Russian Federation, which was introduced by the Federal Law of March 2, 2016 No. 47-FZ.

Court Order Category

In the first part of Art.229.1 of the agrarian and industrial complex under a court order should be understood an act which is issued by a judge solely on the basis of an application related to the recovery of money in accordance with the following requirements of a recoverer:

• Claims arising from non-fulfillment or improper fulfillment of the contract. It should be noted that they are based on documents submitted by the claimant. These securities establish monetary obligations that are recognized by the debtor, but are not realized by him. The size of these requirements should not be more than 400 thousand rubles.
• The requirements that are based on the protest of the bill are precisely in non-acceptance, non-payment and non-dating of the acceptance, which is made by a notary. The size of the claim in this case should not be more than 400 thousand rubles.
• Requirements for the collection of sanctions and payments of a mandatory plan. The total amount to be collected must not exceed 100,000 rubles.

The functions of the court order

It is important to keep in mind that at the same time a court order also acts as an executive document. Order production does not need to be considered as a novelty for Russia. For a long period of time, the same procedure took place and does not lose its relevance in the civil process (can be found in Chapter 11 of the Code of Civil Procedure of the Russian Federation).

The introduction of this procedure in the arbitration process allowed not only citizens, but also legal entities to speed up the consideration of cases. It is worth noting that the clerical proceedings do not provide for the implementation of a full court session. The judicial authorities examine the evidence presented by the claimant, after which they decide on the issuance of the order of the judicial authorities.

There is not a word in the agro-industrial complex of the Russian Federation about whether the procedure for the production of an order type in those cases that fall under the above categories is mandatory. In other words, does the collector undertake to file a statement regarding the issuance of a court order in those cases referred to in Art. 229.2 of the agro-industrial complex operating in the Russian Federation, or does it still have the right to apply?

It is worth noting that from June 1, 2016, the production of the order type in the civil process for those cases that are listed in Art. 122 Code of Civil Procedure of the Russian Federation, becomes mandatory. In h. 1 Article 135 Code of Civil Procedure of the Russian Federation introduced paragraph 1.1, according to which the judge returns a statement of claim when the case needs to be considered precisely in the order of production of the order type.

In the arbitration process today, the recoverer has the right to choose: apply to the judicial authorities with a statement regarding the issuance of an order or file a statement of claim.

Compare categories!

Having examined the categories separately, we give a comparative description of the order and simplified proceedings in the arbitration process. First, take such a criterion as the amount of the claim. In the first case, a court order is issued regardless of the amount, if there are grounds provided for by applicable law.

In the second, it does not exceed the amount determined by law (100,000 for citizens, 300,000 for legal entities). It is worth adding that the rule regarding the price of the claim, which is established for organizations, is also used in relation to the requirements for public law formations. When applying this provision, the arbitration tribunals must proceed from the fact that, in accordance with the first part of Article 103 of the Code, the price of the claim also includes the amount of the penalty (fine, fine) indicated in the statement of claim and interest.

In addition, the price of the claim, which is formed from a number of separate claims, is determined by the monetary sum of these claims in aggregate. Their increase beyond certain limits leads, as a rule, to the impossibility of parsing a case, subject to a simplified procedure.

Dispute issue

In the case of simplified proceedings, legal proceedings are challenged when the legal acts include a claim for recovery. So, in terms of collection, the amount often reaches one million rubles.In case of order proceedings, such a dispute is absent in the same way as for administrative punishment.

Challenging an administrative penalty in the case of summary proceedings may result in a fine of up to 100,000 rubles. In addition, in accordance with the meaning of paragraphs 3 and 4 of Part 1 of Art. 227 of the Code and Art. 3.2, 3.4 of the Code of Administrative Offenses (CAO RF), a particular case is relevant for consideration by the arbitral tribunals in a simplified manner and when, in addition to a fine, the amount of which cannot be higher than 100,000 rubles, as a punishment for the implementation administrative offenses are assigned and a warning.

According to the provisions of paragraph 4 of Part 1 of Art. 227 of the Arbitration Procedure Code of the Russian Federation, in this order also are subject to consideration cases regarding contesting decisions of administrative structures on refusing to bring to administrative responsibility, to terminate the proceedings on the offense.

Final part

So, we examined the categories of ordered and simplified production, both individually and in aggregate. They gave a comparative description of the main criteria. Of course, these are far from all factors that can help compare categories.

For example, collection of payments and sanctions of an obligatory nature is important. In the case of simplified production, we will talk about the amount of up to 100,000 rubles. If, however, the enforcement proceedings take place, then the recovery will be relevant regardless of the amount when the requirement has been stated regarding the recovery of arrears of tax payments and other obligatory payments from individuals.

An important role is played by the sides of production. In the first case, the plaintiff and defendant participate in the process. The debtor and the claimant participate in the order proceedings. The court’s rulings on the consideration of a particular case in a special order are not provided for in order-based proceedings in the arbitration process, but it is specially made in simplified cases.