The subjects of the arbitration process: concept and types

Court of Arbitration - This is an official, permanently operating state body that administers justice in the field of entrepreneurial, commercial and other economic activities.

The activities of arbitration courts, their tasks and competence are regulated Code of Arbitration Procedure (AIC) of the Russian Federation.

These instances administer justice in the economic and commercial sphere and contribute to strengthening the legitimacy and legality of the business sector. Also, the arbitration courts are competent to resolve cases involving foreign citizens and organizations.

The work of the courts is based on a number of principles on the equal rights of individuals and state bodies before the law and the judicial system, the independence of the status of judges, publicity, mandatory execution, etc.

What is the arbitration process? The main features and characteristics of the arbitral procedure

Arbitration process - This is a form of activity of arbitration courts aimed at protecting the violated rights of individuals or organizations. This process can be considered as a concrete sequence of events and actions, or as the movement of a case on a dispute that arose in the course of entrepreneurial activity towards the resolution of this dispute.

The subjects of the arbitration process are bound by the rules of arbitration procedural law, have the right to perform only the actions indicated by the procedural rules. The parties to the arbitration process have equal rights to protect their interests, but also equal obligations to comply with the rules and procedural directives.

In addition to the agro-industrial complex, the functioning of arbitration courts is also described in a number of international documents, including in the Agreement on the nature of the resolution of disputes related to business activities. The agreement is valid within the framework of the Commonwealth of Independent States. The provisions of the Minsk Convention on Legal Assistance in Civil, Criminal and Family Matters are also taken into account.

Types of subjects of the arbitration process

The concept and composition of the subjects of the arbitration process are described in the agro-industrial complex of the Russian Federation. The norms of the code establish the legal guarantees and obligations of each of the participants in the arbitration session.

All participants in the trial can be divided into the following groups:

1. The arbitral tribunal, most often represented by a judge, examines and resolves a procedural conflict of interest between the plaintiff and the defendant.
2. Citizens who participate in the dispute protect their rights in the course of the proceedings and have a direct legal interest as a result of the arbitration process. This group is also called "subjects of evidence in the arbitration process."
3. Representatives providing advisory and legal assistance to parties involved in the process represent their interests (lawyers or representatives).
4. Citizens who contribute to the course of the arbitration process, most often witnesses, experts, translators, psychologists, consultants, etc. The composition of the collegium of these entities is dictated by the tasks of a particular arbitration proceedings.

Decision enforcement bodies are also described in some sources as subjects of the arbitration process.

If we look at the arbitral proceedings as a multi-stage process, which really goes beyond the scope of court hearings, then the bailiff service can also be ranked among the subjects of the arbitration process.

Arbitration court as a subject of the arbitration process

The Arbitration Court is the only government and judicial body in the Russian state that has the right to administer justice in economic disputes between entrepreneurs or organizations registered as legal entities and individuals who carry out business activities without forming a legal entity status.

The main functions of the arbitral tribunal are the resolution of the dispute, the adoption of decisions and the management of the trial.

The arbitral tribunal shall adopt acts in the form of a decision of the previous court, ruling, ruling. Courts as entities are classified into the following categories:

1. Courts considering cases on the merits (first instance). These are the arbitrations of the constituent entities of the Russian Federation and the Supreme Arbitration Court.
2. Courts that exercise the power to review earlier court decisions (appeals boards, district courts, the Supreme Arbitration Court).

Since 1931, two levels of arbitration courts have been formed: state and departmental. And since 1992, when the Law on the Arbitration Court entered into force, the system of arbitration proceedings has acquired a modern look (the Supreme Arbitration Court and ten district arbitration courts, plus arbitration courts of the republics, territories, regions, large cities and autonomous okrugs).

Functions and powers of subjects of evidence in the arbitration process

The subjects of evidence are considered to be the court itself and the citizens who take part in the process, as well as their representatives.

But in modern legal practice, the subjects of evidence in the arbitration process are only parties to the process and their representatives. The court does not recognize the subject of evidence, primarily because evidence is accepted to be perceived as a conviction of the adversary’s own right and the judge. The court in this case does not convince anyone, and is authorized to make a fair decision on the basis of the evidence provided by the parties.

The arbitration court as a subject of the arbitration process has a number of distinctive features. He is not only authorized to adjudicate and administer justice in the course of disputes, but is also empowered to conduct the process of the trial itself. It is the actions of the court as a procedural authority that determines the pace and dynamics of the case. Consequently, although the court is directly involved in the process of proof, he himself is not the evidence subject of the arbitration process due to the specificity of his functions.

Citizens who are directly involved in a case are often referred to as parties to the case. In modern judicial and legal practice, the parties to evidence in the arbitration process are parties. Their distinctive feature is their direct interest in the outcome of the case. The activity of the procedural activities of these persons directly depends on the degree of their legal interest in the outcome of the process. Within the framework not contradicting the current legislation, these persons are entitled to stimulate the process, actively influence the course of business, have the power to argue, express and defend their position.

In turn, the subjects of legal relations in the arbitration process are witnesses, experts, consultants, they also take an indirect part in the process of proof and influence its outcome, but they are not required, in fact, to prove specific circumstances and are not too interested in a positive or negative court decision .

Also, the subjects of evidence are guaranteed to be provided with equal opportunities for legal protection of their interests during the arbitration process, which are guaranteed by the articles of the agro-industrial complex.

Rights of subjects of evidence

The range of rights of subjects of evidence is very large. It includes:

1. The right to comprehensively and thoroughly familiarize yourself with the case materials, make extracts and copies.
2. The right to challenge.
3. The right to familiarize yourself with the evidence provided by other participants in the process, before the start of the judicial seizure. As well as the right to present their own evidence and provide an opportunity for other participants in the process to familiarize themselves with them even before the trial.
4. The right to participate in research and verification of evidence.
5. The right to submit petitions and to get acquainted with petitions filed by other entities, as well as to object to petitions of other persons, has every subject of the dispute in the arbitration process.
6. The right to receive notifications of complaints filed by other citizens who are involved in the case, to know about decisions and acts adopted in the case and to receive copies of these documents, as well as the right to review and challenge judicial acts.
7. Other procedural rights that do not contradict articles of the agro-industrial complex and other laws of the Russian Federation.

What obligations do subjects of evidence have in the arbitration process?

Parties to the trial are obliged to respectfully use their procedural rights, not to abuse them. Abuse can suffer adverse consequences, indicated in the agro-industrial complex in the form of fines or legal costs.

Also, the parties to the process are required to obey the orders of the judge, the administrator, to contact the judge with explanations, motions and challenges, only standing.

Also, entities are required to state only truthful facts and only evidence that relates to the essence of the process.

In a separate order, the list of subjects of evidence includes persons who are not directly parties to the process, but present facts and evidence, and also have an indirect interest in the outcome of the case. Several categories of such entities are most often found in the processes of insolvency or bankruptcy of enterprises, with the participation of organizations with international investment or between company shareholders and management. These entities have the same legal status as subjects of evidence in the arbitration process, and are endowed with the same obligations (not to abuse the rights, show respect for the court).

Representation in the arbitration process

Procedural representation is the representation of interests and the execution of a number of procedural actions by one entity on behalf of another.

The main purpose of such a representation is based on the need to protect the interests of the parties, even when the parties themselves are not able to attend all meetings in person.

Representatives of the representation in the arbitration process have the same powers as the official plaintiff and defendant. Representation in the conditions of participation in the trial of organizations is very common. If the official owner of the company or organization is not able to attend meetings without prejudice to the work of the head, he has the right to express his interests in court through one or more representatives.

Even if a citizen participates in the process personally and is present at some meetings, he is not deprived of the right to have a legal agent, like all subjects of the arbitration process. The concept of trustful legal representation guarantees each entity to have a representative.

Any person having the authority to conduct the proceedings in the arbitration, duly executed, can represent the interests of the principal in the trial. For entities that are not fully capable, their interests in the trial are protected by official representatives: guardians, parents, adult brothers, etc. But in the practice of arbitration proceedings, participation in meetings of incompetent citizens is very rare.

The principal can entrust the representative with a complete representation of his interests in the trial (general authority) and limit his role to several functions (special authority).In processes involving corporations and large firms in concluding an amicable agreement based on the waiver of property rights, one representative is not enough, and a collegial decision by the meeting of collectors or the board of directors is necessary.

Also, in trials, when cases involving state bodies or organizations are considered, the public prosecutor is often the public representative.

Review of decisions of the arbitral tribunal, rules, concept and types

The Arbitration Procedure Code of the Russian Federation describes four ways to review judicial acts of arbitration courts:

• review by the court of appeal;
• re-proceedings at the cassation instance;
• supervisory review;
• review in the same arbitration court on newly discovered facts and circumstances.

Each of the ways of re-initiating a case after a court decision has its own characteristics related to the subjects of the process, the objectives of the review and the competence of a particular court.

The history of the development of legal proceedings identified three methods of challenging court decisions: appeal, cassation, and audit.

An appeal or a statement of review refers to a request submitted by one of the subjects of a dispute to a court of second instance for the resumption of a trial due to an incorrect decision of the first court.

The order of appeal of acts of the court of first instance

The classic appeal is sent to a higher court. For the duration of the appeal process, the court of higher jurisdiction suspends the execution of the decision of the arbitration court.

The subjects of the appeal in the arbitration process remain the same as in the arbitration court, but they can be joined by citizens who were directly affected by the decision of the first court, for example, employees of a company that was declared bankrupt by the court.

Also, the concept and types of subjects of the arbitration process in the appeal proceedings have their own specifications. Firstly, the court as an entity is already represented by three judges who jointly render a decision. A panel of three judges in the courts of appeal was created to neutralize the probable possibilities of making the wrong decision, as could happen in the court of first instance.

The subjects of the arbitration process have the opportunity to file an appeal within one calendar month after the court makes a decision.

It is impossible to challenge the decisions of the Supreme Arbitration Court on appeal in other courts, as the verdicts of this supreme body of the judicial system are considered final, uncontested and enter into legal force immediately after their adoption.

The court of appeal may consider the complaint, but not make a new decision in the case, but send the claim for reconsideration to the court of first instance with full account of the appeal adjustments.

The subjects of the cassation appeal in the arbitration process

The competencies of the cassation courts differ significantly from the appeals courts. First of all, the fundamental difference lies in the fact that the cassation courts do not examine the complaint of the entities in fact, do not delve into the essence of the case file, but make decisions only on the quality of work of the court of first instance, compliance with the procedural and economic law and the correctness of the decision of this court.

The institute of cassation proceedings in our country has existed since the beginning of 1995. Russia has taken a unique approach to cassation reviews. The authority of the cassation instance also includes the right to cancel the decision of the first court or change it. Considering that at the meetings of the court of cassation the materials of the case, the decision on which is disputed, are not considered, the court cannot rely on the distortion or absence of facts or evidence.During the cassation process, it is a priori considered that all the facts relevant to the case were established, but the court incorrectly applied the norms of the law regarding these facts.

The subjects of the cassation review are the subjects of the arbitration process, as well as the judges of the cassation commission. The cassation proceedings made possible a multi-level verification of the activities of the arbitration tribunals in order to more reliably protect the legal interests of participants in the trial and strengthen legislative standards in the field of commercial activity.

Also, the court of cassation as a subject of legal proceedings analyzes judicial statistics, studies judicial practice, precedents, and prepares proposals for improving legislative norms.