Arbitration Procedure Code defines the rules for the settlement of disputes related to economic and other business activities. The regulatory act, in particular, discloses the features of each stage of production, the possibilities of the subjects involved in the proceedings. Rights and obligations of persons participating in the caseare clarified at the first meeting. Let's consider them in more detail.
Legal opportunities of subjects
They are installed h. 1 tbsp. 41 APC of the Russian Federation. Entities involved in production may:
- To get acquainted with production materials, make extracts, make copies.
- To challenge.
- Provide evidence, familiarize yourself with the arguments presented by other entities, before considering the dispute.
- Participate in the study of materials.
- To make petitions, ask other entities involved in the case, questions, make statements, bring your own arguments on issues arising during the proceedings, give explanations.
- To be aware of the complaints submitted, acts adopted by the court, to receive copies of decisions handed down in the form of separate documents.
- To get acquainted with the petitions, to object to them.
- Know the dissenting opinion of the judge in the case.
- To challenge the decisions made in the dispute.
Entities involved in the production may use other legal options. This is not only about those that reinforce Arbitration Procedure Code, but also about other federal laws.
Additionally
According to Art. 41 agribusiness, entities involved in the production may submit documents in electronic form. In addition, it is allowed to fill out forms on the court’s official website on the Internet. The procedure for their execution is established by the Armed Forces within its competence.
Law requirements
As pointed Art. 41 agribusiness of the Russian Federation, the subjects involved in the proceedings must conscientiously use the opportunities that they are endowed with regulatory enactments. Abuse of one’s status entails adverse consequences provided for by law. The subjects involved in the consideration of the dispute comply with the requirements established by the Code or assigned to them by the court. Failure to comply entails adverse consequences.
Art. 41 APC RF with comments
The subjects involved in the consideration of disputes have certain capabilities. All of them can be divided into general and special. The first to possess all the actors involved in the proceedings. Special rights are exercised only by individual participants. The first part of the norm contains an open list. General legal opportunities can be established not only in Art. 41 agribusiness, but also in other regulatory acts.
Acquaintance with production materials
As you know, all the documents from which the case is formed are in court. The subjects involved in the proceedings do not have identical copies of all papers. In Russia, the practice of electronic clerical work in courts is currently not particularly developed, which would allow participants to access materials via the Internet. Accordingly, subjects can prepare for the proceedings by reviewing the documents directly in the court. Art. 41 agribusiness allows you to make copies and extracts from materials.
Evidence procedure
Submission of arguments is one of the key tasks of the subjects involved in the proceedings. Moreover, according to Art. 41 agribusiness, fundamental principles of legal proceedings must be respected.In particular, we are talking about the equality and competitiveness of the parties. As pointed Art. 41 agribusiness, the subjects have the opportunity not only to present their evidence, but also to get acquainted and explore the arguments presented by the other side.
Obtaining the necessary information
Awareness of the subjects involved in the proceedings ensures the implementation of the principle of their equality in the framework of legal proceedings. Moreover, the constitutional right to receive protection is used, inter alia, by way of filing complaints. To comply with the principle of equality, participants in the process should be familiarized with all motions, statements, objections, reviews submitted by the other party.
Simplified Production
As part of the consideration of the case in this order, as such, the proceedings are absent. However, the parties to the dispute have certain legal capabilities to ensure the protection of their interests. For example, the dispute will be considered in a simplified manner at the request of the plaintiff, if there is no objection from the defendant or at the initiative of the court with the consent of the participants. Accordingly, to make a decision on a procedural issue, the will of the parties is necessary. This, in turn, is consistent with the principle of dispositivity.
Electronic document management
Recently, digital technologies have been developing rapidly. Submission of documents to the court in electronic form greatly simplifies the processing process, reduces the time for consideration of applications. Currently, the official websites of all vessels operating in the country are posted on the Internet. They allow you to get the most relevant information about the activities of the authorities. In addition, on the sites there are forms of appeals that interested parties can fill out. The design rules are determined by the sun.
Participants Responsibilities
Along with legal opportunities, the subjects involved in the proceedings must comply with the requirements of the law. First of all, they are obliged to properly exercise the rights granted to them. As stated in this norm, violation of the requirements of the law entails the onset of negative consequences. Among them, in particular, the possibility of imputing all legal expenses on a person abusing rights or not fulfilling his duties, if his behavior led to a delay in the process, disruption of the meeting, created obstacles to an objective trial, a informed and fair decision.
The participants in the case may submit various applications. Among them, for example, a statement asking to adjourn the hearing. An unscrupulous participant in a dispute may submit such a request several times, citing various reasons for postponing the meeting. As a result, the proceedings may drag on significantly. If the reasons why the subject requested the adjournment of the hearing will not be justified by the applicant subsequently, the court may apply to him the provisions of Article 111 of the APC.
Negative consequences may occur if the parties do not comply with legal requirements. So, in the agro-industrial complex the obligation of proof is established. All parties must give reasons justifying their position. If this obligation is not fulfilled, the court may refuse to satisfy the stated requirements.