The system of arbitration courts of the Russian Federation. Structure of the arbitration system of the Russian Federation

Economic disputes, that is, those in which various economic entities participate, can be resolved in Russia with the assistance of arbitration courts. What is the specificity of their work? What normative acts regulate the activity of arbitration?

Tasks of arbitration courts

Let us first consider what tasks the judicial system of arbitration courts of the Russian Federation decides. Their specificity is determined by a separate federal normative act - the agrarian and industrial complex of the Russian Federation. In accordance with this Code, the system of arbitration courts of the Russian Federation solves the problems associated with the resolution, as we noted above, of economic disputes - those in which economic entities participate: individual entrepreneurs, various business associations, foreign companies.

The activities of the relevant judicial institutions are regulated by the AIC and other sources of law, in particular the Federal Constitutional Law on Arbitration Courts. The list of tasks to be addressed by the institutions under consideration includes:

• Protection of the rights and interests of persons engaged in economic activities, as well as state and municipal authorities in the field of business;
• Ensuring accessibility of arbitration justice for various economic entities;
• Fair resolution of disputes within reasonable time frames;
• Strengthening of the institution of law, legality, as well as the prevention of violations in the field of economic activity;
• Stimulating respectful attitude of citizens and organizations to the law;
• The activities of courts, stimulating the development of partnership between business entities;
• Ethics of business communication.

Normative regulation of the system of arbitration courts

Let's consider now in more detail what regulatory acts regulate the system of arbitration courts of the Russian Federation. The fundamental source of law, on which arbitrations, as well as any institutions, citizens and organizations, should rely on in their activity, is the Constitution of the Russian Federation. Specifically, the procedure for arbitration proceedings is determined by the main law of the state, as well as:

• FKZ "On the judicial system";
• FKZ "On Arbitration Courts";
• AIC of the Russian Federation;
• Other federal laws, the scope of which extends to the activities of arbitration.

The agrarian and industrial complex of the Russian Federation establishes the norm, according to which the provisions of the international treaty are applied in the Russian Federation, if it establishes rules other than those set forth in the legislation. Only the applicable provisions of the law should apply at court hearings. In the event that a rule within the procedural law that is required to assess the results of certain legal relations within the framework of the meeting is absent in the legislation, the system of arbitration courts of the Russian Federation must be guided by the principle of the analogy of law. That is, consider the dispute in the context of similar rules of law, which regulate related areas of legal relations.

Let us now consider what is an arbitration court of the Russian Federation as an independent legal institution. To do this, we turn to the provisions of the FKZ "On Arbitration Courts".

Arbitration courts as an independent legal institution

In accordance with the noted source of law, arbitration is a federal court. The system of relevant institutions includes:

• District arbitration courts (they are also cassational);
• Appeal courts;
• Courts of first instance of the subjects of the Russian Federation;
• Specialized courts.

Earlier, the Highest Arbitration Court of the Russian Federation was the highest institution in the system. However, in 2014, the legislator carried out a reform, according to which the functions of the Supreme Arbitration Court of the Russian Federation were transferred to the jurisdiction of the Supreme Court of the Russian Federation. Let us consider in more detail the features of these changes in the regulatory norms of law.

Judicial reform of 2014

So, in early 2014, the legislator initiated amendments:

• In the FKZ "On the Supreme Court";
• In FKZ "On the judicial system".

In accordance with them, as we noted above, the functions of the Supreme Arbitration Court of the Russian Federation, after the relevant amendments entered into force in August 2014, were transferred to the RF Armed Forces. A special procedure was established for the formation of judges in the Russian Armed Forces, which received new powers.

This reform, according to which the Supreme Arbitration Court of the Russian Federation was actually abolished as an independent institution of law, caused quite a lot of criticism. As experts have found, those competencies that the Russian Armed Forces originally possessed are not easily transferred to the level of another state institution. In this regard, according to experts, the quality of cases can be reduced in the arbitration process.

One way or another, the reform of the judicial system took place. Any arbitration court of the Russian Federation carries out its activities in view of the fact that the highest powers in resolving economic disputes now have the RF Armed Forces.

Let us now consider the specifics of the performance of functions by specific types of arbitration courts, which we indicated above: district, appellate, acting as institutions of first instance, which operate at the level of the constituent entities of the Russian Federation, as well as specialized ones. For this, let us turn to the provisions of the FKZ "On the Judicial System".

District Courts: features of the performance of functions

So, the system of arbitration courts of the Russian Federation includes institutions that exercise their functions at the district level. These arbitrations are also cassation. It can be noted that they are considering disputes at the first instance level. It should be noted that the arbitration of districts, in accordance with the law, are superior to such institutions as:

• Court of Appeal;
• Institutions that perform functions at the level of the constituent entities of the Russian Federation.

At the same time, both types of organizations should be located in the territory of the respective district, unless other norms are defined in the Federal Constitutional Law. Similarly, the powers, the formation algorithm, as well as the procedure for organizing the activities of district arbitrations are established at the FKZ level.

Court of Appeal

Actually, the arbitration court of appeal as an independent legal institution is also present within the framework of the corresponding system. His powers are again established at the level of the Federal Arbitration Court of the Russian Federation. Within the limits of their competence, these institutions can consider cases on new or newly emerged circumstances.

Arbitration in the subjects of the Russian Federation

Examples of relevant institutions are the arbitration court of the province or the region, which form a separate subject of the Russian Federation. The main powers of these organizations are related to the implementation of justice at the level of the first instance, as well as for new or newly emerged circumstances.

A city of federal significance is also considered a subject of the Russian Federation . Thus, there is an arbitration court in Moscow, St. Petersburg. Its functions and powers correspond to the institutions in question. The Arbitration Court of the Moscow Region will carry out its activities regardless of the capital city. The same can be said about St. Petersburg and the Leningrad region. The St. Petersburg Arbitration Court settles disputes that have arisen between business entities that operate on the territory of the city. Arbitration in the Leningrad region will consider cases involving firms representing the respective region.

An arbitration court of a region or other type of a subject of the Russian Federation carries out its activities in an order that, like in the case of previous institutions, is determined at the level of Federal constitutional laws.

Another type of arbitration is specialized courts. They also have the status of federal. Let's consider the details of their activities in more detail.

Specialized Arbitration

Actually, specialized federal courts may not necessarily be arbitration. It is possible that they perform functions related to the consideration of administrative and civil cases, which in general are within the competence of courts of general jurisdiction. However, if necessary, they can perform the functions of specialized arbitration. The order of their formation, as in the case with other institutions, such as the district, appeal, arbitration court of the republic, the province or the region, is determined at the level of the FCZ.

Court of Intellectual Rights

An example of specialized arbitration is the Intellectual Property Court. This organization considers disputes related to the exercise of rights. At the same time , the Intellectual Property Court at the same time has the authority to administer justice at the first level, as well as the cassation instance.

So, we examined the basic information about the system of arbitration courts of the RF, which institutions are represented in it. It will be useful to study some of the nuances of the work of this system. In particular, how judges are appointed in arbitration. To do this, we again turn to the provisions of the Federal Arbitration Court "On Arbitration Courts", as well as to the legal acts supplementing it.

Appointment of judges in arbitration

The appointment of chairmen, their deputies, as well as judges in all types of institutions is carried out in accordance with the provisions of:

• FKZ "On the judicial system";
• Law of the Russian Federation "On the Status of Judges".

The main condition under which a citizen receives an appointment to the arbitration court of Moscow, St. Petersburg, regional, regional, district, is obtaining consent from the qualification college. In turn, this body also makes decisions on the release of judges from office. At the same time, they can appeal to the Disciplinary Board of the RF Armed Forces.

Financing of Arbitration

The next aspect of the arbitration, which we will study - financing. It is carried out at the expense of the federal budget of the Russian Federation. Financing of ships is carried out by the RF Armed Forces taking into account the position of the Judicial Department. Thus, the activities of the institutions under review are carried out centrally. The Arbitration Court of the Moscow Region, the capital, the district uses federal budget funds.

Number and structure of arbitration

Let us also consider how the legislation of the Russian Federation regulates the size and structure of the institutions in question. It can be noted that the relevant indicators are set by the budget legislation, as, as we noted above, the activities of arbitration are financed from the state budget. At the same time, the number and structure of specific judicial institutions, such as the arbitration court of St. Petersburg, Moscow, the region, the region, are determined by the RF Armed Forces within the limits established by the budget legislation.

Office of the Arbitration Court

Another aspect of the activities of the institutions under consideration, which will be useful to study, is the functioning of the apparatus. This body is responsible for the organizational support of the work of arbitration. The chairman of a particular arbitration court directs the relevant apparatus. The main tasks solved by this body:

• Pre-trial reception of persons who participate in disputes;
• Reception and issuance of various documents, their verification;
• Assistance to the work of judges in the framework of their preparation for the consideration of disputes;
• Keeping records of various cases;
• Research and generalization of the emerging judicial practice;
• Preparation of various proposals on making the necessary amendments to the legislation;
• Information, and also reference work;
• Statistical accounting in the framework of the main activity;
• Material and technical support of the institution;
• Organization of the execution of acts issued by the court.

The activities of the court apparatus are regulated by a special provision. It is approved by the Judicial Department of the RF Armed Forces. In order to consider special issues that arise in the course of consideration of certain cases, a group of advisers is assembled in his office that have the necessary qualifications for solving the tasks set. The total number of employees of the apparatus of the institutions in question, not counting the personnel involved in the protection, maintenance of buildings, management of transport facilities, is determined by budget legislation.

The structure and strength of the arbitral tribunal shall be established by the chairman of the court, subject to agreement with the Judicial Department in the RF Armed Forces, taking into account the indicators determined at the level of the budget legislation. The staff of the court apparatus may have the status of civil servants. Their rights and obligations are established by separate federal laws and other legal acts adopted with a view to optimizing the system of legal regulation of the activities of civil servants. The rights and duties of the staff of the court apparatus that do not have the status of civil servants are regulated by the LC RF.

Summary

So, we have studied the peculiarities of the system of arbitration courts of the Russian Federation. These are represented by 4 main types: district, appellate, courts of RF subjects, as well as specialized arbitration.

The activities of the relevant institutions are regulated at the level of federal legislation. Since 2014, the Supreme Court of the Russian Federation has the greatest competence in the arbitration system. He is also responsible for the formation of the composition of judges in specific institutions, within the limits of those indicators of the number of personnel that are established by the budget legislation. It, in turn, determines how the system of arbitration courts of the Russian Federation will be financed.

The institutions considered solve economic disputes with the participation of entrepreneurs, business associations, and government bodies. The organization of arbitration is carried out by the apparatus established in them.