Structure and powers of arbitration courts of the Russian Federation. The system of arbitration courts The history of the creation of arbitration courts of the Russian Federation

10.09.2021

Arbitration process

Arbitration court system Russian Federation.

The Supreme Arbitration Court of the Russian Federation completed its activities on August 5 this year. In connection with the judicial reform, the structure of the RF Armed Forces was changed, which became the only supreme judicial body for civil, criminal, administrative and other cases, as well as for resolving economic disputes. The functions of the Supreme Arbitration Court of the Russian Federation were transferred to the board on economic disputes of the Armed Forces of the Russian Federation, consisting of 30 judges.

In general, the system of arbitration courts has been preserved. The only difference is that it is now headed by the Armed Forces of the Russian Federation, and the federal arbitration courts have been renamed the arbitration courts of districts.

As part of the judicial reform, in accordance with the Constitution of the Russian Federation, the Federal Constitutional Laws "On the Judicial System of the Russian Federation" and "On Arbitration Courts in the Russian Federation", a unified judicial system has been created in the country.

Arbitration courts in the Russian Federation are federal courts and are part of the judicial system of the Russian Federation. Arbitration courts are specialized courts for resolving property, commercial disputes between enterprises.

They also consider the claims of entrepreneurs for the invalidation of acts of state bodies that violate their rights and legitimate interests. These are tax, land and other disputes arising from administrative, financial and other legal relations. Arbitration courts consider disputes involving foreign entrepreneurs.

The structure of arbitration courts at various levels is determined depending on the functions they perform and the amount of work.
According to Article 3 of the Federal Constitutional Law "On Arbitration Courts of the Russian Federation", the system of arbitration courts in the Russian Federation consists of:

o arbitration courts of districts (arbitration courts of cassation); - 3 inst

o arbitration courts of appeal; - 2 inst

o arbitration courts of first instance in the republics, territories, regions, cities of federal significance, autonomous regions, autonomous districts; - 1 inst

o specialized arbitration courts. – Court for Intellectual Property Rights, Moscow.

The organizational and structural system of arbitration courts is built on four levels.

The first level of arbitration courts	The first level consists of arbitration courts of the subjects of the Russian Federation. Among them are arbitration courts of republics, territories, regions, federal cities, autonomous regions, autonomous districts. They consider cases in the first instance, as well as review cases in full on appeals against decisions that have not entered into legal force. The total number of arbitration courts of the first level is 81.
The second level of arbitration courts	The second level is formed by arbitration courts of appeal. Arbitration courts of appeal are courts for checking in the appellate instance the legality and validity of judicial acts of arbitration courts of the constituent entities of the Russian Federation adopted by them in the first instance. The powers, procedure for the formation and operation of arbitration courts of appeal are determined by Article 33.1 of the Federal Constitutional Law "On Arbitration Courts in the Russian Federation".
Third level of arbitration courts	The third level is formed by 10 arbitration courts of districts, each of which operates as a cassation instance in relation to a group of arbitration courts that make up one judicial district. Their composition is determined in Article 24 of the Federal Constitutional Law "On Arbitration Courts in the Russian Federation". In the cassation instance, the decisions of arbitration courts are checked from the standpoint of the correct application of the norms of substantive and procedural law. For example, the Arbitration Court of the Moscow District checks the decisions made by the Arbitration Court of the City of Moscow and the Arbitration Court of the Moscow Region that have entered into force.
Fourth level of arbitration courts	The fourth level is represented by the Supreme Court of the Russian Federation. In accordance with Article 126 of the Constitution of the Russian Federation, the Supreme Court of the Russian Federation is the highest judicial body for civil cases, resolution of economic disputes, criminal, administrative and other cases, jurisdictional courts formed in accordance with the federal constitutional law, exercises judicial supervises the activities of these courts and provides clarifications on issues of judicial practice.

Tasks of legal proceedings in arbitration courts.

The tasks of legal proceedings in arbitration courts are enshrined in the Arbitration Procedural

Code of 2002:

1) protection of violated or disputed rights and legitimate interests of persons engaged in entrepreneurial and other economic activities, as well as the rights and legitimate interests of the Russian Federation, constituent entities of the Russian Federation, municipalities in the field of entrepreneurial and other economic activities, state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local governments, other bodies, officials in this area;

2) ensuring the accessibility of justice in the field of entrepreneurial and other economic activities;

3) a fair public trial within a reasonable time by an independent and impartial court;

4) strengthening the rule of law and preventing offenses in the field of entrepreneurial and other economic activities;

5) formation of a respectful attitude towards the law and the court;

6) assistance in the formation and development of partnership business relations, the formation of customs and ethics of business turnover.

Article 5

Main tasks arbitration courts in the Russian Federation, when considering disputes within their jurisdiction, are:

protection of violated or disputed rights and legitimate interests of enterprises, institutions, organizations (hereinafter - organizations) and citizens in the field of entrepreneurial and other economic activities;

· Assistance in strengthening the rule of law and preventing offenses in the sphere of entrepreneurial and other economic activities.

The concept of arbitration procedural law, correlation with other branches of law.

Arbitration process there is a form of activity of arbitration courts in Russia established by the rules of arbitration procedural law, aimed at protecting the violated or contested rights and legitimate interests of enterprises, institutions, organizations and citizens in the field of entrepreneurial and other economic activities.

Arbitration process - a system of legal actions of the arbitration court and other interested parties, regulated by the rules of the AMS, that are developing between the arbitration court and other entities regarding the resolution of a case referred to the jurisdiction of arbitration courts. - lectures by Latynina O.A.

It is quite possible to represent arbitration process as determined by the rules

Arbitration procedural law is the stage-by-stage movement of a case on a dispute that has arisen in the process of economic and other business activities, arising from civil legal relations (economic disputes) or from public legal relations, including administrative ones.

Correlation of arbitration procedural law with other branches of Russian law.

Arbitration procedural law is interconnected with various branches of Russian law. Understanding the existence of such relationships helps to resolve issues of legal regulation and law enforcement. So, the connection between arbitration procedural and constitutional law is manifested in the fact that the basic principles of the organization and activities of the judiciary are established in Ch. 7 of the Constitution of the Russian Federation.

The closest genetic and functional relationships exist between arbitration procedural and civil procedure law. These two branches, which are part of a single family of procedural law (along with criminal procedure and constitutional procedure), are united by the fact that they regulate the administration of justice in the sphere of civil circulation. Hence a number of general, so-called intersectoral principles of procedural branches of law. The main subjects in both arbitration and civil proceedings are the courts of various instances. Some institutions of the procedural branches of law, such as evidence, are intersectoral in nature.

The main feature that distinguishes criminal procedure from arbitration procedural law, one can consider a different subject of judicial activity (a criminal offense or a civil law dispute). Ignoring this difference, focusing on the general features of criminal, arbitration and civil procedural law serves as a theoretical justification for the concept of judicial law as a complex branch of justice (MS Strogovich, VM Savitsky).

Close links exist between civil procedural and arbitration procedural law due to the significant similarity of their basic principles and institutions. Each reform of the arbitration procedural legislation makes arbitration proceedings more and more similar to civil ones in terms of their functional characteristics, which is a quite positive trend.

Arbitration procedural law has the closest connection with civil (from branches of substantive law). This branch of law has a direct impact on the content of the rules of arbitration procedural law. Thus, arbitration procedural legal capacity and legal capacity are determined by legal and legal capacity in civil law. The requirements for the form of transactions that exist in civil law determine the content of the principle of admissibility of means of proof in arbitration procedural law. In turn, the threat of denial of judicial protection of civil rights that are not properly executed ensures their certification by participants in civil circulation in the manner prescribed by law. There are many other manifestations of the relationship between substantive and procedural law.

It should be noted that, due to the close relationship, knowledge of the arbitration process is impossible without a previous fundamental study of substantive law. In addition, a deep knowledge of civil procedural law as the historical basis of other procedural branches is also necessary. The arbitration process, arbitration proceedings, constitutional justice are built on the same principles as the civil process, having genetically adopted the basic principles and institutions from it.

Preparing the case for consideration.

Competitiveness principle

The principle of competitiveness is currently the constitutional principle of arbitration procedural law, fixed in Art. 123 of the Constitution of the Russian Federation, art. 9, 65, 66 and others. APC RF.

This principle is a rule according to which persons interested in the outcome of the case have the right to defend their case in the dispute by:

1. submission of evidence,

2. participation in the study of evidence presented by other persons,

3. expressing one's opinion on all issues to be considered at the court session.

The essence of this principle is that the parties compete before the arbitral tribunal, convincing it with the help of various evidence that they are right in the dispute. The principle of competition reflects one of the objective laws of nature, society and knowledge - the law of unity and struggle of opposites. This is the very case when truth should be born in a dispute. Competitiveness implies the imposition of the burden of proof on the parties themselves and the removal, as a general rule, from the arbitration court of the obligation to collect evidence.

The principle of legal truth

The principle of legal truth in arbitration procedural law is expressed in the content Art. 65-66 and others. APK of the Russian Federation and is a rule according to which the arbitral tribunal resolves cases within its jurisdiction within the limits of the evidence provided by the parties.

Sometimes this principle is called the principle of formal truth, meaning that the arbitral tribunal should not seek to find out the true relationship of the parties.

The following requirements follow from the principle of legal truth:

· the arbitral tribunal examines the circumstances of the case within the limits of evidentiary information provided by the parties;

· the arbitral tribunal does not, as a general rule, collect evidence on its own initiative;

· in some cases, the arbitration court has the right to demand evidence on its own initiative (part 5 of article 66 of the Arbitration Procedure Code of the Russian Federation);

· If a party refuses to submit, at the request of the arbitration court, written or material evidence, the arbitration court has the right to resolve the case on the basis of the evidence available in the case.

The arbitral tribunal proceeds from the evidence collected by the parties themselves, without interfering in the process of proof.

ancestral jurisdiction

· Generic jurisdiction delimits cases between arbitration courts of different levels.

Cases under the jurisdiction of arbitration courts are considered (Article 34 of the Arbitration Procedure Code of the Russian Federation):

1. arbitration courts of the subjects of the Russian Federation - as a general rule, in the first instance, with the exception of cases referred to the jurisdiction of the Intellectual Property Court and the arbitration courts of the districts.

2. district arbitration courts- as a court of first instance, applications for awarding compensation for infringement:

the right to legal proceedings within a reasonable time;

The right to enforce a judicial act within a reasonable time.

· Intellectual Property Court as a court of first instance considers:

1. cases of contesting regulatory legal acts of federal executive authorities in the field of patent rights and rights to selection achievements, rights to topologies of integrated circuits, rights to production secrets (know-how), rights to means of individualization of legal entities, goods, works, services and enterprises, the right to use the results of intellectual activity as part of a single technology;

2. cases of challenging acts of federal executive authorities in the field of patent rights and rights to selection achievements, rights to topologies of integrated circuits, rights to production secrets (know-how), rights to means of individualization of legal entities, goods, works, services and enterprises , the right to use the results of intellectual activity as part of a single technology, containing explanations of the law and having regulatory properties;

3. cases on disputes on the granting or termination of legal protection of the results of intellectual activity and equivalent means of individualization of legal entities, goods, works, services and enterprises (with the exception of objects of copyright and related rights, topologies of integrated circuits).

Territorial jurisdiction

· Territorial jurisdiction delimits the competence of arbitration courts of one link, i.e. territorial, regional and equivalent arbitration courts of the constituent entities of the Russian Federation.

Territorial jurisdiction can be:

2. alternative;

3. exceptional;

4. in connection with cases;

5. negotiable.

General jurisdiction

· In accordance with the rules of general territorial jurisdiction, a claim is filed with the arbitration court of a constituent entity of the Russian Federation at the location or place of residence of the defendant (Article 35 of the Arbitration Procedure Code of the Russian Federation). According to paragraph 2 of Art. 54 of the Civil Code of the Russian Federation, the location of a legal entity is determined by the place of its state registration.

Alternative jurisdiction

10. The rules of alternative jurisdiction at the choice of the plaintiff are established by Art. 36 APC RF:

a claim against a defendant whose location or place of residence is unknown may be filed with an arbitration court at the location of his property or at his last known location or place of residence in the Russian Federation;

a claim against defendants located or residing in the territories of different constituent entities of the Russian Federation is filed with an arbitration court at the location or place of residence of one of the defendants;

· a claim against a defendant located or residing on the territory of a foreign state may be filed with an arbitration court at the location of the defendant's property on the territory of the Russian Federation;

· a claim arising from the contract, which indicates the place of its execution, may also be brought to the arbitration court at the place of execution of the contract;

· a claim against a legal entity arising from the activities of its branch, representative office, located outside the location of the legal entity, may be brought to the arbitration court at the location of the legal entity or its branch, representative office.

Claims for compensation for losses caused by the collision of ships, recovery of remuneration for rendering assistance and rescue at sea may be filed with an arbitration court at the location of the defendant's ship or the port of registry of the defendant's ship, or at the place of infliction of losses.

exclusive jurisdiction

Exclusive jurisdiction is characterized by the fact that the case should be considered only by an arbitration court strictly defined in the Arbitration Procedure Code of the Russian Federation (Article 38 of the Arbitration Procedure Code of the Russian Federation), for example:

· Claims for rights to immovable property are presented to the arbitration court at the location of this property;

· Claims for rights to sea and aircraft, inland navigation vessels, space objects are presented to the arbitration court at the place of their state registration;

· a claim against the carrier arising from the contract for the carriage of goods, passengers and their luggage, including if the carrier is one of the defendants, is brought to the arbitration court at the location of the carrier;

· an application for declaring a debtor bankrupt is filed with the arbitration court at the location of the debtor, etc.

Jurisdiction by connection of cases

Jurisdiction in connection of cases is characterized by the fact that, regardless of the territorial affiliation, the dispute is subject to arbitration in an arbitration court, where another case is considered, with which the dispute is connected.
Thus, a counterclaim, regardless of its jurisdiction, is filed at the place of consideration of the original claim (part 10, article 38 of the Arbitration Procedure Code of the Russian Federation).
Contractual jurisdiction
In accordance with the rules of contractual jurisdiction (Article 37 of the Arbitration Procedure Code of the Russian Federation), the general territorial and alternative jurisdiction established in the Arbitration Procedure Code of the Russian Federation may be changed by agreement of the parties (prorogation agreements).

16. Subjects of arbitration procedural law.

The procedural activity of the subjects of the arbitration process takes place within the framework of the arbitration procedural relationship that arises in each case subordinate to the arbitration court.

The participants (subjects) of the arbitration process include:

1. arbitration courts as dispute resolution bodies;

2. persons participating in the case, protecting their own or others' rights and legitimate interests and having a legal interest in the outcome of the arbitration process;

3. representatives who provide the persons participating in the case with the possibility of their participation in the case and represent their interests in the arbitration court;

4. persons assisting the activities of the arbitral tribunal by virtue of their obligations to provide evidentiary information and in other cases (witnesses, experts, translators, etc.).

Persons involved in the case

According to Art. 40 of the Arbitration Procedure Code of the Russian Federation, the persons participating in the case are:

1. parties (plaintiff and defendant);

2. applicants and interested persons - in cases of special proceedings, insolvency (bankruptcy) cases and in other cases provided for by this Code;

3. third parties;

4. the prosecutor, state bodies, local self-government bodies, other bodies and organizations, citizens who applied to the arbitration court in the cases provided for by this Code.

In addition, those subjects who did not participate in the case, but whose rights and obligations were resolved by the arbitration court (Article 42 of the Arbitration Procedure Code of the Russian Federation) enjoy the rights and bear the obligations of the persons participating in the case.

Criteria for identifying persons participating in the case:

presence of legal interest in the outcome of the case;

the right to actively influence the progress of the case;

the opportunity to defend and argue their legal position.

The persons participating in the case are obliged to conscientiously use all the procedural rights belonging to them. Abuse of procedural rights can lead to adverse consequences in accordance with the Arbitration Procedure Code of the Russian Federation. For example, such a person may be required to pay all court costs, regardless of the outcome of the case (Article 111 of the Arbitration Procedure Code of the Russian Federation).

In addition, they are also entrusted with a number of other procedural obligations in accordance with the APC of the Russian Federation, for example, obey the orders of the presiding judge, apply to the arbitration court and give their explanations while standing, etc.

The main participants in the arbitration process are the parties - the plaintiff and the defendant. In connection with a dispute between them, an arbitration process arises, and the arbitration court is faced with the task of resolving it. The parties have equal opportunities for the legal protection of their rights and legitimate interests.

The Commissioner under the President of the Russian Federation for the Protection of the Rights of Entrepreneurs, the Commissioners for the Protection of the Rights of Entrepreneurs in the constituent entities of the Russian Federation, who have applied to the arbitration court, enjoy the procedural rights and bear the procedural obligations of the plaintiff. In addition, the Commissioner has the right to intervene on the side of the plaintiff or defendant as a third party who does not file independent claims (Article 53.1 of the Arbitration Procedure Code of the Russian Federation).

Third parties enter into an already initiated process and, depending on the nature of their interest, connections with the disputed material legal relationship and the parties, are divided into two types:

1. third parties making independent claims regarding the subject matter of the dispute,

2. third parties who do not declare independent claims regarding the subject of the dispute.

Applicants and interested persons in cases of special proceedings participate in the consideration of cases on the establishment of legal facts. A separate group includes participants in the arbitration process in an insolvency (bankruptcy) case, where, along with applicants, interested parties, other persons also participate.

The prosecutor, state bodies, local self-government bodies, other bodies and organizations, citizens have the right to file a claim with an arbitration court in defense of public interests. In addition, the prosecutor has the right to enter into arbitration proceedings in a number of categories of cases in order to ensure the rule of law. The participation of these subjects is characterized by the protection of not their own, but the interests of other persons, as well as the state and society at the same time.

Judicial evidence is the activity of the parties, other persons participating in the case, and the court, aimed at establishing the circumstances relevant to the case and substantiating conclusions about these circumstances.

The specifics of the evidence are as follows:

Ø - purpose of evidence is the establishment of facts and substantiation of conclusions about facts and other circumstances that are important for the correct consideration and resolution in civil proceedings;

Ø - proof is carried out in the procedural form established by law, i.e. the process of judicial proof is regulated by the rules of law;

Ø - judicial proof is carried out by means of judicial evidence.

In the legal literature, a common concept of the stages of proof is the following.

Subjects of proof are, first of all, the court, as well as the persons participating in the case, their representatives. Witnesses and experts, being participants in the process of proving, assist in achieving the goal of proving, without incurring the obligation to prove any circumstances in the case.

An object or the subject of proof is a set of circumstances of a substantive legal nature that substantiate the claims and objections of the persons participating in the case, as well as other circumstances that are important for the correct resolution of the case.

stages- these are certain sequential procedural actions of the subjects of proof, interconnected with the stages of the arbitration process.

Main stages:

Ø determination of the subject of proof in the case;

Ø collection of evidence (identification of evidence, their collection and presentation to the court

Ø examination of evidence in court;

Ø evaluation of evidence.

Subject of proof- a set of facts relevant to the case. Facts relevant to the case - These are legal facts that affect the emergence, change and termination of legal relations.

Do not require proof:

facts recognized by the arbitration court as generally known;
prejudicial facts;
facts admitted by the parties.

General rule of the burden of proof states: "Each person participating in the case must prove the circumstances to which he refers as the basis of his claims and objections."

Meanwhile, the obligation to prove the circumstances that served as the basis for the adoption by state bodies, local self-government bodies, other bodies, officials of the disputed acts, decisions, actions (inaction) is assigned to the relevant body or official.

In addition, the burden of proof may be distributed differently by law.

burden of proof consists in the fact that each person participating in the case must disclose the evidence to which he refers as the basis of his claims and objections to other persons participating in the case.

In this case, the evidence must be disclosed before the start of the trial. The consequence of violation of this rule is the impossibility to refer to the evidence with which other persons participating in the case were not familiarized in advance.

Expert opinion

To clarify the issues that arise during the consideration of the case and require special knowledge, the arbitration court, at the request of the person participating in the case, or with his consent, appoints an examination (part 1 of article 82 of the APC). Firstly, the persons participating in the case have the right (but are not obliged) to submit questions to the arbitration court, which should be clarified during the examination. At the same time, the final circle of questions for expert research is formed by the court.

The court has the right:

reasonably reject the questions proposed by the parties;

Without any explanation, make editorial clarifications that do not change the meaning of the questions of the persons involved in the case;

independently put questions to the expert (part 2 of article 82 of the APC).

Questions put to the expert should not be of a legal nature. Questions must correspond to the subject and nature of the examination, they must relate to the circumstances of the case that are important for its proper consideration and resolution.

Also, the rejection of the questions proposed by the persons participating in the case must be motivated. The arbitration court has the right to raise new questions, correct the questions proposed by the persons participating in the case.

Secondly, the persons participating in the case are endowed with a set of rights for further participation in the appointment of an examination.

They have the right:

✓ apply for the involvement of the persons indicated by them as experts or for the conduct of an examination in a specific expert institution;

✓ challenge an expert;

✓ petition for the introduction of additional questions to the expert in the ruling on the appointment of an examination;

✓ give explanations to the expert;

✓ get acquainted with the expert's opinion or a message about the impossibility of giving an opinion;

✓ apply for an additional or repeated examination (part 3 of article 82 of the APC).

Thirdly, on the appointment of an expert examination, the court issues definition(part 4 of article 82 of the APC). The definition can be made in the form separate act, and together with acts on the commission of other procedural actions (on the suspension of proceedings, etc.).

The decision on the appointment of an examination must contain certain details:

▪ grounds for the appointment of an examination;

▪ last name, first name and patronymic of the expert or the name of the expert institution where the expert examination is to be carried out;

▪ questions put to the expert; materials and documents placed at the disposal of the expert;

▪ the period during which an expert examination must be carried out and an opinion must be submitted to the arbitration court.

APK highlights in a separate article commission examination. This type of examination has existed for a long time in practice and is a common practice. The fundamental feature of the commission examination is that it is carried out by several (at least two) experts of the same specialty. It is these aspects that determine the essence of the commission examination: several experts, but they are all specialists in the same field. The main difference between a comprehensive examination is that specialists from different fields take part in it (part 1 of article 85 of the APC). The similarity with the commission examination is only that the examination is carried out by several (at least two) experts. The APC does not determine the procedure for appointing an additional and repeated examination, therefore, one should be guided by the general rules on the issuance of a ruling by an arbitration court on the appointment of an additional or repeated examination.

The expert opinion consists of introductory, motivational and final parts. In accordance with the law, the conclusion must contain a detailed description of the studies carried out, the conclusions drawn as a result of them and answers to the questions posed by the arbitration court. If the expert, during the examination, establishes circumstances that are relevant to the case, about which he was not asked questions, he has the right to include conclusions about these circumstances in his opinion (part 2 of article 86 of the APC).

If the expert is absent during the trial, then only his written opinion is subject to examination. If an expert is present in the courtroom, he may be asked questions as part of his research. The expert, if it is necessary to give an opinion, has the right to get acquainted with the materials of the case, participate in the meetings of the arbitration court, ask questions, ask the court to provide additional materials.

Article 116

1. The course of all unexpired procedural terms shall be suspended simultaneously with the suspension of proceedings on the case.

2. From the date of resumption of proceedings on the case, the course of procedural time limits continues.

1. Suspension of the course of procedural terms is possible if there are two circumstances in the aggregate:

The procedural period in the case has not expired,

The court ruled to suspend the proceedings.

If the court issued a ruling on the suspension of proceedings on the case after the expiration of the period for its consideration, then after the suspension

proceedings in the case time limits can not continue.

One of the consequences of the suspension of the proceedings is the suspension of the course of all unexpired procedural terms. If there are grounds listed in Art. Articles 143, 144 of the Arbitration Procedure Code of the Russian Federation, the arbitration court suspends the proceedings, about which it issues a ruling that can be appealed.

Elements of a claim

The elements of the claim are its internal structural parts.
It is generally recognized that there are two elements of a claim: the subject and grounds for the claim.

Under the lawsuit a certain requirement of the plaintiff to the defendant is understood, for example, to recognize the right of ownership, to compensate for losses, to protect honor, dignity and business reputation, to completely invalidate a legal act of a state body, etc.

As emphasized in clause 4, part 2, article 125 of the APC, the plaintiff must indicate his claim in the statement of claim.

The subject of the claim should not be confused with a certain material subject of the dispute, for example, a specific property, money, etc.

In relation to one material object, claims of a very different nature can be brought. For example, in connection with a material object - non-residential premises, claims can be brought to recognize the right of ownership of this property, to divide it, to eliminate violations of the owner's rights, etc.

Under grounds of action the actual circumstances from which the plaintiff's right to claim arise, on which the plaintiff bases them, are considered. Such an understanding of the basis of the claim is directly indicated by paragraph 5 of part 2 of article 125 of the APC. It should be emphasized that the plaintiff must indicate in the statement of claim only certain factual circumstances that meet the requirements of relevance. At the same time, not any facts can be given by the plaintiff in the basis of the claim, and the plaintiff must bring legal facts - i.e. such circumstances with which the law connects the emergence, change, termination of legal relations or other legal consequences. If necessary, the plaintiff must make and indicate the calculation of the recovered or disputed amount (clause 7, part 2, article 125 of the APC). All these factual circumstances are further subject to proof by the plaintiff in the arbitration process.

The facts included in the basis of the claim are traditionally divided into the following 3 groups in procedural law:

Facts that directly produce law from which plaintiff's claim directly follows. For example, in a claim for foreclosure on pledged property, such facts as the presence of a principal (credit) obligation, the presence of a pledge obligation, the fulfillment by the creditor of its obligations to the borrower, the proper content and execution of these agreements, other factual circumstances reflecting the existence of significant conditions of credit and collateral obligations and their fulfillment.

Facts of active and passive legitimation, through the establishment of which the proper character of the parties in the arbitration process is determined. There are facts that indicate the connection of a claim with a specific subject that made this claim, i.e. with the plaintiff (facts of active legitimation), and facts indicating the connection of a certain obligation with the defendant (facts of passive legitimation). This implies the institution of replacing an improper plaintiff with a proper one, as well as the replacement of an improper defendant.

The organizational and structural system of arbitration courts is built on four levels.

1) The first level is arbitration courts of the subjects of the Russian Federation. Among them are arbitration courts of republics, territories, regions, federal cities, autonomous regions, autonomous districts. In the territories of several constituent entities of the Russian Federation, judicial power may be exercised by one arbitration court. Judicial power in the territory of one subject of the Russian Federation may be exercised by several arbitration courts. According to Article 36 of the Federal Constitutional Law "On Arbitration Courts in the Russian Federation", an arbitration court of a constituent entity of the Russian Federation:

Considers in the first instance all cases under the jurisdiction of arbitration courts in the Russian Federation, with the exception of cases referred to the competence of the Supreme Arbitration Court of the Russian Federation;

Revises, due to newly discovered circumstances, the judicial acts adopted by him and entered into legal force;

Applies to the Constitutional Court of the Russian Federation with a request to verify the constitutionality of the law applied or to be applied in the case considered by it in any instance;

Studies and summarizes judicial practice;

Prepares proposals for improving laws and other regulatory legal acts;

Analyzes judicial statistics.

The total number of arbitration courts of the first level is 81.

2. The second level is formed arbitration courts of appeal. Arbitration courts of appeal are courts for checking in the appellate instance the legality and validity of judicial acts of arbitration courts of the constituent entities of the Russian Federation adopted by them in the first instance. The powers, procedure for the formation and operation of arbitration courts of appeal are determined by Art. 33.1 of the Federal Constitutional Law "On Arbitration Courts in the Russian Federation". There are 20 arbitration courts of appeal in the Russian Federation.

1. The third level is formed by 10 federal arbitration courts of districts, each of which operates as a cassation instance in relation to a group of arbitration courts that make up one judicial district. Their composition is defined in Art. 24 of the Federal Constitutional Law "On Arbitration Courts in the Russian Federation". In the Russian Federation there are: FAS of the Volga-Vyatka District, FAS of the East Siberian District, FAS of the Far Eastern District, FAS of the West Siberian District, FAS of the Moscow District, FAS of the Volga District, FAS of the North-Western District, FAS of the North Caucasus District, FAS of the Ural District , Federal Antimonopoly Service of the Central District. In the cassation instance, the decisions of arbitration courts are checked from the standpoint of the correct application of the norms of substantive and procedural law. For example, the Federal Arbitration Court of the Moscow District checks the decisions that have entered into legal force, issued by the Arbitration Court of the City of Moscow and the Arbitration Court of the Moscow Region.

2. The fourth level represents Supreme Arbitration Court of the Russian Federation. In accordance with Article 127 of the Constitution of the Russian Federation, the Supreme Arbitration Court of the Russian Federation is the highest judicial body for resolving economic disputes and other cases considered by arbitration courts, exercises judicial supervision over their activities and provides clarifications on issues of judicial practice. It is part of the unified judicial system of the country along with the Constitutional Court of the Russian Federation and courts of general jurisdiction headed by the Supreme Court of the Russian Federation.

The Arbitration Court of the Russian Federation performs a number of powers:

1) considers, by way of supervision, cases on verification of judicial acts of arbitration courts that have entered into legal force in the Russian Federation;

2) reconsider, due to newly discovered circumstances, judicial acts adopted by him and which have entered into legal force;

3) applies to the Constitutional Court of the Russian Federation with a request to verify the constitutionality of the laws, other normative acts and agreements specified in the Constitution of the Russian Federation;

4) applies to the Constitutional Court of the Russian Federation with a request to verify the constitutionality of the law applied or to be applied in the case considered by him in any instance;

5) study and generalize the practice of application by arbitration courts of laws and other normative legal acts regulating relations in the field of entrepreneurial and other economic activities, provide explanations on issues of judicial practice;

6) develop proposals for improving laws and other regulatory legal acts regulating relations in the field of entrepreneurial and other economic activities;

7) keeps court statistics and organizes work on its maintenance in arbitration courts;

8) takes measures to create conditions for the judicial activities of arbitration courts, including their personnel, organizational, logistical and other types of support;

9) decide within its competence issues arising from international treaties of the Russian Federation;

10) decides on the formation of permanent judicial presences of arbitration courts;

11) has the right of legislative initiative on issues within its jurisdiction;

12) on matters relating to the internal activities of arbitration courts and relations between them, adopts regulations binding on arbitration courts in the Russian Federation.

The Supreme Arbitration Court of the Russian Federation operates as part of:

- Plenum of the Supreme Arbitration Court of the Russian Federation;

Presidium of the Supreme Arbitration Court of the Russian Federation;

the Judicial Collegium for the consideration of disputes arising from civil and other legal relations;

Judicial Collegium for the consideration of disputes arising from administrative legal relations.

The plenary session decides on issues of coming up with a legislative initiative, on applying to the Constitutional Court of the Russian Federation with requests to verify the constitutionality of laws, normative legal acts and treaties, and approves the rules of arbitration courts.

The Presidium of the Supreme Arbitration Court of the Russian Federation considers, in the exercise of supervision, cases on verification of judicial acts of arbitration courts that have entered into legal force, as well as considers certain issues of judicial practice and informs arbitration courts in the Russian Federation of the results of the consideration. His work is the most noticeable for us, since it is the Presidium of the Supreme Arbitration Court, on the basis of the analysis of judicial practice, that issues the Resolutions of the Presidium of the Supreme Arbitration Court that are read by most lawyers. They are mandatory for use by all courts of the Russian Federation and allow us to navigate the complex labyrinth of tasks for the application of legal norms.

Judicial boards of the Supreme Arbitration Court of the Russian Federation consider cases in the first instance, study and summarize judicial practice, develop proposals for improving laws and regulations, and exercise other powers in accordance with the regulations.

The Supreme Arbitration Court of the Russian Federation operates the Council of Arbitration Court Chairmen, which is an advisory body that considers issues of organizational, personnel and financial activities. To prepare evidence-based recommendations on issues related to the formulation of the practice of implementing laws and other regulations and the development of proposals for their improvement, the Scientific Advisory Council operates under the Supreme Arbitration Court of the Russian Federation. It consists of sections: procedural law, administrative law, civil law and private international law.

The structure of arbitration courts at various levels is determined depending on the functions they perform and the amount of work.

The federal arbitration courts of the districts act as part of the presidium of the federal arbitration court of the district, the judicial chamber for the consideration of disputes arising from civil and other legal relations, the judicial chamber for the consideration of disputes arising from administrative legal relations. Some courts have created tax boards. Presidiums of federal arbitration courts of districts and arbitration courts of constituent entities of the Russian Federation, on the proposal of their chairmen, approve members of the judicial panels and chairmen of the judicial panels of the corresponding court, consider other issues of organizing the work of the court and issues of judicial practice

In accordance with Article 45 of the Federal Law No. 1-FKZ of April 28, 1995 "On Arbitration Courts in the Russian Federation", the activities of the arbitration court are ensured by the apparatus of the arbitration court, headed by the head of the apparatus - the administrator of the relevant arbitration court.

The administrator of an arbitration court manages the apparatus of an arbitration court, organizes its work to ensure the passage of cases in an arbitration court, to apply for the execution of judicial acts of arbitration courts, and also performs other functions to ensure the activities of an arbitration court, determined by the Chairman of the Supreme Arbitration Court of the Russian Federation.

The apparatus of the arbitration court carries out a fairly large amount of work and is engaged in the following activities:

1) organizes preliminary pre-trial reception of persons participating in the case;

2) accepts and issues documents, certifies copies of documents of the arbitration court, distributes and delivers documents, checks the payment of the state fee, court costs payable to the deposit account of the arbitration court, as well as arbitration fines;

3) assist judges in preparing cases for consideration in court sessions;

4) keeps a record of the progress of cases and the timing of their passage in the arbitration court, stores cases and documents;

5) study and generalize judicial practice;

6) prepares proposals for improving laws and other regulatory legal acts, conducts information and reference work;

7) keep statistical records in the field of activity of the arbitration court;

8) provides material and technical support for the arbitration court, social services for judges and employees of the apparatus of the arbitration court.

Employees of the apparatus of the arbitration court are in the federal public service.

Organizational support for the activities of arbitration courts in the Russian Federation is carried out by the Supreme Arbitration Court of the Russian Federation.

The Supreme Arbitration Court of the Russian Federation selects and trains candidates for judges, organizes work to improve the skills of judges and employees of arbitration courts, finances arbitration courts, and ensures control over the spending of financial resources allocated to arbitration courts.

Federal executive authorities and executive authorities of the constituent entities of the Russian Federation, in accordance with Article 44 of the Federal Law of April 28, 1995 N 1-FKZ "On Arbitration Courts in the Russian Federation", are obliged to assist the Supreme Arbitration Court of the Russian Federation in organizational support for the activities of arbitration courts in the Russian Federation.

Material and technical supply and office space for arbitration courts in the Russian Federation, as well as medical, housing and social services for judges and employees of the apparatus of arbitration courts, are carried out by the relevant executive authority at the location of the arbitration court at the expense of the federal budget.

Arbitration proceedings protect the rights and legitimate interests of persons engaged in entrepreneurial and other economic activities, as well as the rights and legitimate interests of the Russian Federation, constituent entities of the Russian Federation, municipalities in the field of entrepreneurial and other economic activities, state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local self-government bodies, other bodies, officials in the specified area.

The system of arbitration courts in the Russian Federation consists of:

1) the Supreme Arbitration Court of the Russian Federation;

2) federal arbitration courts of districts (arbitration courts of cassation);

3) arbitration courts of appeal;

4) arbitration courts of first instance in the republics, territories, regions, cities of federal significance, autonomous regions, autonomous districts. Tasks of legal proceedings in arbitration courts:

1) ensuring the accessibility of justice in the field of entrepreneurial and other economic activities;

2) a fair public trial within the time limit established by law by an independent and impartial court;

3) strengthening the rule of law and preventing offenses in the field of entrepreneurial and other economic activities;

1) formation of a respectful attitude towards the law and the court;

5) assistance in the formation and development of partnership business relations, the formation of customs and ethics of business turnover.

6) assistance in strengthening the rule of law and preventing offenses in the field of entrepreneurial and other economic activities. The activities of arbitration courts in the Russian Federation are based on the principles of legality, independence of judges, equality of organizations and citizens before the law and the court, competitiveness and equality of the parties, publicity of the proceedings.

Arbitration courts in the Russian Federation administer justice by resolving economic disputes and considering other cases referred to their competence by the Constitution of the Russian Federation, the Federal Constitutional Law "On Arbitration Courts", the Arbitration Procedure Code of the Russian Federation and other federal laws adopted in accordance with them.

The jurisdiction of the arbitration court includes cases on economic disputes arising from civil, administrative and other legal relations. Economic disputes are all disputes within the jurisdiction of the arbitration court, including both disputes arising from civil legal relations, traditionally referred to as property, and management disputes arising from administrative legal relations.

Subordinate cases in the first instance of the arbitration court are considered by the judge alone or collectively. Collegial consideration of cases in the arbitration court of the first instance is carried out in the composition of 3 judges or a judge and 2 arbitration assessors.

Proceedings in arbitration courts are conducted in civil and administrative order.

Competence of Arbitration Courts

Arbitration courts administer justice in the field of entrepreneurial and other economic activities.

Arbitration courts consider disputes between legal (enterprises, institutions, organizations) and individuals (individual entrepreneurs) arising in the course of their business activities, disputes between legal and natural persons on the one hand and state bodies on the other hand, cases of administrative offenses, and as well as other cases referred by law to the competence of the Arbitration Courts.

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The main tasks of the Arbitration Courts

In accordance with Federal Constitutional Law "On Arbitration Courts in the Russian Federation" Arbitration Courts have two main tasks:

protection of violated or disputed rights and legitimate interests of legal entities and citizens in the business sphere and other economic activities;
contributing to the strengthening of the rule of law and the prevention of offenses in this area.

System of Arbitration Courts

1. Supreme Arbitration Court of the Russian Federation

Until 2014, the Russian Federation was the highest judicial body for resolving disputes in the field of entrepreneurial and other economic activities. 02.02.2014 adopted the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation N 2-FKZ "On the Supreme Court of the Russian Federation and the Prosecutor's Office of the Russian Federation", according to which the Supreme Arbitration Court of the Russian Federation is abolished, and all issues of the administration of justice within its competence are transferred to the jurisdiction of the Supreme Court of the Russian Federation.

In this regard, a transitional period of 6 months has been established.

Powers of the Supreme Arbitration Court of the Russian Federation: considers in the exercise of supervision the decisions of the Arbitration Courts of the Russian Federation, reconsiders them on newly discovered circumstances, applies to the Constitutional Court to verify the compliance with the constitutionality of the law, studies and generalizes the practice, gives clarifications on issues of judicial practice, and exercises other powers.

2. Federal arbitration courts of districts (arbitration courts of cassation)

They check the legality of judicial acts of arbitration courts of constituent entities of the Russian Federation and arbitration courts of appeal that have entered into force.

The following arbitration courts of cassation operate in the Russian Federation:

3. Arbitration Courts of Appeal

Check the legality and validity of the decisions of arbitration courts of first instance.

There are twenty Arbitration Courts of Appeal in Russia, each district has two courts of appeal.

4. Arbitration courts of the first instance of the constituent entities of the Russian Federation

Arbitration courts of republics, territories, regions, federal cities, autonomous regions and autonomous districts operate in the subjects of the Russian Federation.

In the territories of several constituent entities of the Russian Federation, one Arbitration Court may administer justice, and, conversely, in the same territory of a constituent entity of the Russian Federation, several Arbitration Courts may operate.

These Arbitration Courts are created by federal laws.

Arbitration courts of constituent entities of the Russian Federation consider cases under their jurisdiction in the first instance, reconsider their decisions based on newly discovered circumstances.

5. Specialized arbitration courts

Intellectual Property Court.

This court has been operating in the Russian Federation since July 2013, in accordance with Resolution of the Supreme Arbitration Court of the Russian Federation dated July 2, 2013 No. No. 51.

The Intellectual Property Court considers disputes related to the protection of intellectual property rights as a court of first instance and cassation.

The Intellectual Property Court considers, for example, cases in the field of patent rights, rights to production secrets (know-how), rights to means of individualization of legal entities, goods, works, services and enterprises, on the establishment of a patent owner, and others.

Composition of arbitration courts

The composition of arbitration courts is their internal structure.

1) Composition of the Supreme Court of the Russian Federation– since 2014, the highest judicial authority

Plenum of the Supreme Court of the Russian Federation;
Presidium of the Supreme Court of the Russian Federation;
Board of Appeals of the Supreme Court of the Russian Federation
Judicial Collegium for Administrative Cases of the Supreme Court of the Russian Federation;
Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation;
Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation;
Military Collegium of the Supreme Court of the Russian Federation.

2) The composition of the Federal arbitration courts of the districts (arbitration courts of cassation)

Presidium of the Federal District Arbitration Court;

3) Composition of the Arbitration Courts of Appeal

Presidium of the Arbitration Court of Appeal;
Judicial collegiums for the consideration of disputes arising from civil and other legal relations;
Judicial collegiums for the consideration of disputes arising from administrative legal relations.

4) Composition of Arbitration Courts of First Instance of the Subjects of the Russian Federation

Presidium (chairman of the court, his deputies, chairmen of the court compositions and judges).
Judicial boards and judicial compositions.

5) Composition of specialized arbitration courts

The court acts as a composition of judges, judicial compositions of the presidium:

Presidium consisting of the Chairman of the Court for Intellectual Property Rights, his deputies, chairmen of judicial panels and judges who are members of the Presidium of the Court for Intellectual Property Rights
Judicial boards. They are headed by chairmen - deputy chairmen of the Intellectual Property Rights Court.
Judicial structures. They are headed by a chairman, who is elected for a term of three years.

Apparatus of the Arbitration Court. Tasks, functions

The activities of the arbitration court are ensured by the apparatus of the arbitration court, which is headed by the administrator of the relevant arbitration court.

The apparatus of the arbitration court conducts pre-trial reception of persons applying to the arbitration court, accepts and issues documents, certifies copies, checks the correctness of payment, assists judges in preparing cases for consideration, keeps records of cases, etc.

So, in accordance with the Arbitration Procedure Code of the Russian Federation, the decision of the Arbitration Court can be checked in three instances: appeal, cassation and supervisory.

This guarantees the legitimacy of the decisions made.

All instances of the Arbitration Courts have both similar features and their own characteristics. Common features are the correction of judicial errors, verification of the legality of the decisions made.

Peculiarities: The difference between an appeal and cassation and supervision lies in the fact that the appellate instance reconsiders the case, while the cassation and supervisory instances check the legality of the decision, i.e. compliance with substantive and procedural law).