Powers of arbitration courts of different levels

To resolve economic disputes are the powers of arbitration courts, where competence is a set of rules that allow to delineate the range of cases suitable for this department. The ownership of a particular case to a particular arbitration court is examined in the judicial system of the Russian Federation.

Credentials

Arbitration courts in our country - several levels, so their work must be considered step-by-step. The first type is an arbitration court of a separate subject of the Russian Federation. His work is divided into seven points.

1. Cases are considered in the very first instance, but only those that fall under its department. Exceptions are cases referred to the competence of the Supreme Court, specialized or district arbitration courts.

2. This item, which was part of the powers of arbitration courts, is excluded. Amendments and changes are indicated in the Code of Arbitration Procedure.

3. Re-examination of court decisions already taken and entered into force on new discovered circumstances.

4. He makes a request to the Constitutional Court of the Russian Federation regarding the verification of a law that has already been applied or that is to be applied in a case being considered in any instance.

5. The powers of arbitration courts include judicial practice, its study and generalization.

6. As well as preparing proposals for improving laws and other legal regulations.

7. The arbitration court of the subjects conducts an analysis of judicial statistics.

Field of activity and functions

The body that deals with disputes in any way related to professional participation in civil circulation (for example, business), many categories of disputes within its competence, which are established by the Code of Arbitration Procedure of the Russian Federation. They also clearly defined the powers of arbitration courts of the Russian Federation.

Their functions are as follows.

1. To resolve disputes that arise in entrepreneurial and any other economic activity.

2. Maintain statistical records and analyze statistical data on their own activities.

3. To prevent violations of the law in the sphere of the economy.

4. Establish and implement international relations and contacts in a lawful manner.

Implementation of tasks

All the above tasks (functions) the court carries out in its inherent ways. Their fulfillment is assisted by the powers of the arbitration courts of the Russian Federation, which are specified in the legislation.

It is for the implementation of the tasks at each level that the arbitration courts are endowed with their own powers and inherent only in a particular stage. The most important is the precise definition of competence in relation to a case, the correct establishment of jurisdiction and jurisdiction to its given arbitration court.

Nature of legal relations

Violation of these rules may entail the cancellation of decisions taken by the court. Articles 27-33 of the Code of Arbitration and Procedure of the Russian Federation exist for determining subordination. Here, first of all, the nature of the disputable legal relations and the subjects of the case under consideration are taken into account.

Subordinate arbitration courts are cases relating to economic disputes that arise between such entities as legal entities, including entrepreneurs who have not formed a legal entity that are in the status of an individual entrepreneur.

Jurisdiction

The dispute is economic if it arises on the basis of a specific civil, administrative, land, customs, tax, financial or other legal relationship, and the reason is this or that property or property rights, as well as the work or services provided. The jurisdiction of cases is of a special nature with respect to the range of cases that are considered by a court of general jurisdiction in civil proceedings.

The powers of the arbitral tribunal of a constituent entity of the Russian Federation extend only to those cases that directly relate to its subordination. The procedure for litigation is also extended to other cases if they are provided for by federal laws or by the Code of Arbitration and Procedure, the court considers not only individual entrepreneurs and legal entities, but also organizations and individual citizens.

Arbitration court in the constituent entities of the Russian Federation

The main link in the system was arbitration courts of subjects, the first step. The subjects are autonomous regions and regions, cities of federal significance, republics, regions, regions. One arbitration court can act on the territory of several entities at the same time, and they are created through federal law.

Distances between cities and Russia's cities are very large, which creates many difficulties in realizing their right to defend in court for participants in the proceedings. Therefore, the formation of permanent judicial field presences, outside the main location of the arbitration court, but endowed with the same powers, was very appropriate.

Structure

In the structure of the arbitration court of each constituent entity of the Russian Federation, there is a presidium with a panel of judges that examines disputes arising from legal relations between civilians and others, as well as the second judicial panel that reviews disputes in administrative legal relations.

In its presidium there is a chairman, deputies, chairpersons of the composition of the court and judges (which are approved at the plenum of the Supreme Arbitration Court and work in the presidium for only two years, then they can be reassigned again). The powers of the arbitration courts of the subjects were listed above.

In counties

District arbitration courts verify as a cassation instance the legality of court decisions that have already entered into force in the constituent entities of the Russian Federation and the appellate courts. The powers of the district arbitration court are established by federal laws. Also, district courts may act in the first instance if they consider applications for compensation of violations of the rights of proceedings within certain periods or violations of the rights to enforce judgments.

The district arbitration courts include the presidium and two judicial panels dealing with civil or other administrative disputes . The composition, structure, powers of the district's arbitration courts, as well as their activities are determined by a special chapter of the federal law.

Note

Among many others there is also the authority to recognize (or not recognize) the decisions of foreign courts regarding disputes that arose during the course of entrepreneurial activity. In addition, arbitration appeals courts are also engaged in verifications of court decisions.

Powers, the order of education and their activities are very similar to those of district courts. They likewise administer administrative proceedings arising from administrative or other economic disputes regarding entrepreneurial activities.

Superior Court of Arbitration

The powers of this judicial body are very broad. With its help, economic disputes and many other cases are resolved within the limits of the competence established by the Constitution. Here, the procedural forms of judicial supervision provided for by federal laws regarding the activities of lower-level arbitration courts are being implemented, here questions of judicial practice are explained.

The entire judicial system is headed by the Supreme Arbitration Court. The composition and powers of it are determined by the Constitution of the Russian Federation. In the composition there are federal district arbitration courts (just ten), as well as all republican, regional, regional and other similar arbitration courts.

Functions

The cases of a certain plan are considered here. As a court of first instance, the Supreme Arbitration Court can invalidate the non-normative acts of the President, the Houses of Parliament, the Government of the Russian Federation, which do not comply with the Constitution and laws, violate the interests and rights of organizations and individuals; Considers economic disputes between the Russian Federation and its subject, as well as lawsuits between individual entities.

As a supervisory authority, the Supreme Arbitration Court supervises and makes decisions regarding the protests against the decisions of the arbitration courts that came into force and on the newly discovered new circumstances on the judicial acts that it adopted and entered into force. The right of legislative initiative is not only the Supreme Court of Russia, but also the Supreme Arbitration Court. The structure and powers are determined by the laws of the Constitution of the Russian Federation.

Entrepreneurs

In arbitration courts, various cases of facts relevant to the creation, modification and termination of the rights of citizens and organizations in the entrepreneurial sphere and other economic activities are considered by the procedure for special proceedings. For example, challenging legal acts related to taxation, currency control and regulation, as well as customs regulation, export control, patent rights and selection achievements, microchip topology, know-how, antimonopoly regulation, as well as banking, audit, insurance, valuation .

Here it is possible to continue this list long enough, since arbitration courts of the case consider the most diverse - from the use of atomic energy and the financing of terrorism to the related share construction or the regulation of housing and communal services prices. In an arbitration court, an entrepreneur can challenge abnormal legal acts, decisions and actions that relate to his personal rights and legitimate interests, that is, to bring to account state bodies of any level - both local and federal.

Levels

The composition of the Supreme Arbitration Court of the Russian Federation is as follows: the plenum, the presidium and two judicial panels - in disputes over civil and administrative relations. This is the upper stage of the judicial system. Further, the federal district arbitration courts, which at the cassation instance verify the legality of the court decisions that have already entered into force in the constituent entities of the Russian Federation. The rest of their functions were listed above. Court of Appeal - the second level of the system. Here, the validity and legality of judgments that have not yet entered into force in the constituent entities of the Russian Federation are checked. They also function as members of the presidium and two judicial panels - on civil and administrative legal relations.

And in the first instance, all jurisdictional matters are considered by the arbitration court of a certain subject of the Russian Federation, except for those cases that are within the competence of the Supreme Arbitration Court. At the first level there are 81 institutions, which also have their own and empowered judicial presence in remote areas. The structure of such institutions is determined by the functions performed and the amount of work. The process of litigation is quite long and laborious, special knowledge and skills are needed. But the structure of the judiciary needs to know that every entrepreneur clearly determines his ability to appeal against the decisions of the first instance.

Arbitration court

The internal structure is:

1. Plenum of the Supreme Arbitration Court.

2. The Presidium.

3. The Judicial Board for Civil and Other Disputes.

4. The judicial board, considering administrative disputes.

Each institution has its own apparatus that accepts incoming documents, helps judges in preparing cases for meetings, certifies copies of acts, as well as their issuance, verification of payment of state fees, distribution of documents and many other duties. In the internal structure of the arbitration court there is a chancery, an expedition, judicial departments (for judges, assistants, specialists, secretaries), judicial staffs with chairmen, the bailiffs department and much more.