Stages of arbitration. Principles of the arbitration process. Evidence in the Arbitration Process

Often circumstances force people to assert their rights, both their own and their close people. The role of the defender is exercised by the courts of general jurisdiction, arbitration and arbitration.

Drawing up and observance of legal norms always played an important role in the formation of the state. The most ancient legal documents were the agreements of Russian princes with Byzantine ones. In them fragments from the "Russian Law" were found.

A little bit about arbitration courts

This litigation deals with cases of economic disputes, as well as cases related to business. In prerevolutionary Russia, commercial courts dealt with issues of justice, which dealt with trade and bills. In November 1917, the Decree of the Council of People's Commissars of the RSFSR, this type of proceedings was liquidated. In 1922, arbitration commissions were opened to deal with disputes between organizations and enterprises. Between 1931 and 1991, state arbitration was formed. At the end of this stage, arbitration courts were established, whose activities were improved by the adoption in 1995 of the Federal Constitutional Law "On Arbitration Courts in the Russian Federation", as well as the Arbitration Procedural Code. The new operating AIC was adopted in 2002.

Arbitration functions can be divided into several types:

1. Settlement of disputes that arose as a result of entrepreneurial activity.
2. Issue of a warning about violation of laws.
3. Maintenance of statistical records and analysis of statistical data.
4. Regulation of international relations.

The tasks will be:

1. Protection of rights and interests.
2. Guarantee the accessibility of justice.
3. Conducting legal and fair trial.
4. Prevention of crime and strengthening of law.
5. Establishment of respect for the court.
6. Formation and development of business relations and business ethics.

Structure of arbitration units

Arbitration instances in Russia include the Supreme Arbitration Court, cassation and appellate courts, as well as courts of the subjects of the Russian Federation. The first stage of legal proceedings deals with all cases, except those related to the activities of the Supreme Arbitration Court of the Russian Federation.

The second step of the system is the arbitration courts of appeal. They re-examine the cases, verify the validity and legality of judicial acts that earlier or did not enter into force, or arose under new circumstances. This instance as an independent unit was established in 2003. When organizing appellate courts, the district principle is used, that is, in the territory of a certain district there are two such numbered vessels.

The legality of cases conducted by the courts of the subjects of the Russian Federation, as well as by appeals, is verified by federal arbitration. Ten such instances have been opened in Russia.

And, finally, the fourth stage of justice is the Supreme Arbitration Court. He deals with cases on the resolution of economic and other disputes, controls the activities of the entire judicial process.

As for the internal arrangement, the composition of a particular arbitration court depends on its functions and volumes. For example, the Supreme Arbitration Court of the Russian Federation includes: the Plenum (deals with matters relating to the activities of the judiciary, judicial practice, adopts binding decisions), the Presidium (reviews cases, and examines specific practice issues) and two judicial panels dealing with disputes that arise from civil And administrative legal relations.

The Supreme Arbitration Court as a member of the Plenum has a Chairman and deputies and, of course, judges. Also in meetings can be members of scientific institutions, representatives of legislative and executive authorities and ordinary citizens. This authority, among other things, is responsible for recruiting personnel for judges, for raising their qualifications. In this organization there is the Council of Presidents of Arbitration Courts, which deals with personnel, financial and organizational matters. The Scientific Advisory Board in the Supreme Arbitration Court of the Russian Federation prepares scientifically grounded recommendations on cases related to the writing of normative acts, laws, and also improves them. The instance has its own publication "Bulletin of the Supreme Arbitration Court of the Russian Federation".

Principles of arbitration proceedings

The main principle of the court is legality. This means compliance with the norms of the law judicial acts, the actions of the participants in the process and the court itself, for which it is necessary to strictly comply with the law.

The next point is that only the court has the right to justice. Judging is possible only by bodies and persons who are involved in this activity only in accordance with the procedure established by law. From this provision follows the principle of the independence of judges, which indicates the submission of data from representatives of the authorities only to the Constitution of the Russian Federation and the Federal Law.

Then follows the principle of combining single and collegial consideration of cases. In general, the judge considers the case of first instance himself. The colleges meet, if it is related to the jurisdiction of the RF Supreme Arbitration Court, or there is a dispute over the legality of the normative acts, or the case comes with a note of group consideration. The decision in these cases is made by counting the majority of votes. If one of the judges does not agree with the result, he signs the act and expresses his opinion in writing. An obligatory rule for the achievement of justice is the principle that all are equal before the law.

Another important principle is the publicity of the trial. Cases are considered in open order, a closed meeting can be, if the state, official or legally protected secret is declassified, as well as in cases stipulated by the Federal Law. Judicial proceedings must be conducted in Russian, which is the following rule.

The principles of the arbitration process also include discretion (allows to dispose of all their rights), competitiveness (the ability to prove demands and objections, defend one's position and get a fair decision) and immediacy (determines by what methods and methods the court uses to perceive evidence in the case).

Arbitration process. The concept. Stages of

The definition of this process states that this is a system of consistent actions that are conducted by the court to resolve a particular case. The stages of the arbitration process include 8 points:

1. Submission of a claim.
2. Preparation for the trial.
3. Court proceedings at the meeting. The decision of the arbitration court.
4. Appeal.
5. Cassation review of decisions.
6. According to the protests of the chairman and deputy of the Supreme Arbitration Court of the Russian Federation, the decisions are reviewed.
7. Execution of judicial acts.

Claim of claim

To initiate the initiation of a case, one must file a claim with the arbitration court. It is a material and legal controversial claim of the plaintiff to the respondent, based on certain legal facts. The statement must indicate the circumstances that are the basis of the claim, as well as the claims to the plaintiff. It is possible to single out general rules for filling out a statement of claim:

1. The name of the arbitration court, where it is served.
2. Information about the plaintiff: name, place of residence, citizenship, date of birth, place of work and TIN.
3. Data on the defendant.
4. Requirements with mandatory reference to laws and legal acts.
5. The circumstances under which disagreements arose, as well as their evidence.
6. If the claim is assessed, you must write a price.
7. Calculation of the disputed amount.
8. Information about the actions of the plaintiff before the trial, as well as on the earlier measures taken to resolve the dispute, if any.
9. List of provided documents. It is necessary to send copies of the claim and attached documents to all persons involved in the case. Certificates of delivery of copies and payment of state duty must also be attached to the application. The judge himself decides to accept the statement of claim within five days.

Arbitration cases. Preparation for legal proceedings

Before the meeting a number of procedural actions are carried out , which are listed in Article 112 of the agrarian and industrial complex. Further, business operations are carried out, namely: sending and sending requests, agendas, calling witnesses and participants in the process. In conclusion, the trial is assigned a place and time. During preparation, the judge must consider the following points: the legal relationship between the parties, the circumstances of the subject matter of proof, the legal interest of individuals and much more.

Court hearing

After all the preparation, the main stages of the arbitration process begin. The trial provides for the consideration of the case in the arbitration court in the absence of the participants for valid reasons. Except for special cases (Article 11 of the Code of Administrative Procedure of the Russian Federation), the meeting is held openly. The judge solely considers the cases of the first instance of the arbitral tribunal, except in cases where the presence of a commission is necessary (Article 17 of the Code of Administrative Procedure of the Russian Federation). To regulate the order at a meeting, Article 154 of the Code of Administrative Procedure of the Russian Federation is applied.

What kind of orders are we talking about? Firstly, this is the greeting of the judges. When they enter the courtroom, all those present rise, and the decision to be heard is also heard standing. Indications, explanations, questions to the participants are also asked standing. Secondly, to appeal to the court it is necessary to use the words: "Dear court!"

The course of the court session is being recorded. All persons who participate in the case can get acquainted with the protocol, as well as make their comments. If the rules of order are violated or if orders are not followed, the offender will be removed from the courtroom after the warning or may be fined.

The sitting is opened by the judge. He announces the name of the case, checks the presence of all participants in the process, introduces the composition of the court, clarifies the rights and obligations to the participants, the question of the settlement of the dispute is always asked and conducts all other actions, in accordance with Article 153 of the APC of the Russian Federation.

Then the work proceeds to the consideration of the case on the merits. The plaintiff sets out the circumstances of the dispute, his position is read out by the defendant and all the persons who participate in the case. Usually, the court session takes place continuously, until a decision is rendered. But in special circumstances the court can make a break for a period of not more than five days.

After the judge thoroughly examines all the evidence, a judicial debate begins. Here, all the persons participating in the case sum up the results, verbally speaking and justifying their position. The right of the last word always belongs to the defendant.

The last step is to remove the arbitration court for deliberation and decision making. It is made in one copy and joins the case. The decision of the arbitral tribunal shall be announced by the chairman. After that, the procedure for its appeal is specified.

An additional ruling of the arbitral tribunal is possible in cases of non-resolution of the issue of court costs, when the amount of the awarded money was not specified, when the decision was not taken on the demand put forward by the participant with the presented evidence.

Evidence in the Arbitration Process

To resolve the dispute, all possible evidence must be presented. The actual composition of the case is formed on the basis of the claim, the written disagreement of the respondent, the boundary of the substantive law. According to Article 69 and 70 of the APC of the Russian Federation, the facts recognized by the court as generally known, predetermined or confirmed by both parties, do not need proof. The duty to conduct the process of proof in the arbitration process is vested in the official or the relevant body, which challenges acts, decisions, actions, and so on.

The stages of the arbitration process of proof are as follows:

1. Collect evidence.

2. Submission of information by the persons participating in the case.

3. Taking into account the principles of oral, adversarial and directness, a study of evidence takes place.

4. An assessment of the facts is made in accordance with Article 71 of the Code of Administrative Procedure of the Russian Federation.

Evidence in the arbitration process must be admissible, reliable and relates directly to the case. As evidence, material and written evidence, expert opinions, records of various media, witness responses, and so on can be used.

Verdict of the Arbitration Court

Judges are required to make a decision on the dispute in a separate room. If the case is considered collegially, the conclusion is made taking into account the majority of votes. The verdict is made in writing, with obligatory signatures of all participating judges. After that, the chairman reads the decision, as well as explains the rules of appeal. The law provides for the postponement of a reasoned decision for a period not exceeding three days.

Additional stages of the arbitration process. Appeal filing

The essence of the complaint must consist in justifying disagreement with the decision of the court. You must submit it in writing, with the obligatory signature of the person concerned. It is necessary to indicate the name of the court to which the appeal is filed and the court that adopted the appeal, describe the basis of the dispute and attach all the motions. It will not be superfluous to specify the names, addresses and contacts of persons who participated in the case and can confirm disagreement.

The complaint is accepted on the basis of Article 260 of the APC of the RF, in case of non-compliance with it, it will be rejected to eliminate the shortcomings. Appeal can be appealed within a month from the announcement of the ruling by the court of first instance. The decision is made at a meeting of the panel of judges.

The cassation process deals with arbitration cases concerning appeals against decisions of courts of the first arbitration and appellate instances. The rules for filing a complaint are the same as those described above, but the deadline for filing is increased to two months. The highest judicial body in dispute resolution is the Supreme Arbitration Court of the Russian Federation, which carries out proper supervision of all other divisions. The application to this organization can be submitted within three months. After its adoption, the case is sent to the Presidium. At the meeting, the main speaker is the judge of the Supreme Arbitration Court of the Russian Federation. The decision is approved by a large number of judges. If no consensus was found, the presentation remains unchanged. Appeal is not subject to appeal.