What is the name of the arbitral tribunal? arbitration courts. Classification of arbitration courts in Russia

In accordance with Federal Constitutional Law No. 1-FKZ of December 31, 1996 "On the Judicial System of the Russian Federation" (Article 4) and Federal Constitutional Law No. 1-FKZ of April 28, 1995 "On Arbitration Courts in the Russian Federation" (Article 1) arbitration courts are federal courts and are part of the judicial system of the Russian Federation. They exercise judicial power when resolving economic disputes arising from civil, administrative and other legal relations.

Thus, arbitration courts are a special, autonomous branch (subsystem) of federal courts.

In accordance with Art. 118 of the Constitution of Russia, justice in the Russian Federation is carried out only by the court. Judicial power is exercised through constitutional, civil, administrative and criminal proceedings.

Thus, the activity of arbitration courts is form of exercise of the judiciary in the field of civil and administrative proceedings, and the arbitration courts themselves are part of the system of civil jurisdiction bodies. In this plan arbitration courts are both courts of private and public law, resolving disputes arising from the relevant legal relationship.

Arbitration courts are a special kind of judicial bodies exercising judicial power by resolving economic disputes and other cases within their jurisdiction.

Arbitration courts have:

1. 1. own jurisdiction;
   2. the specifics of the order of legal proceedings (established by the Arbitration Procedure Code of the Russian Federation).

In this way, arbitration courts - these are judicial authorities in the field of entrepreneurial and other economic activities, considering cases under their jurisdiction in the manner of civil and administrative proceedings established by the Constitution of the Russian Federation, the Arbitration Procedure Code of the Russian Federation and other federal laws.

The arbitration process is based on compliance with the rules of legal proceedings established by federal laws, contained in the Arbitration Procedure Code of the Russian Federation and other federal laws, in particular, in Federal Law No. 127-FZ of October 26, 2002 "On Insolvency (Bankruptcy)". Arbitration courts apply the Constitution of the Russian Federation, federal constitutional and federal laws, generally recognized principles and norms of international law and international treaties of the Russian Federation, as well as constitutions (charters) and other laws of the subjects of the Russian Federation.

Judicial acts of arbitration courts that have entered into legal force are recognized as binding on the entire territory of the Russian Federation, and on the basis of international treaties and federal laws - outside of Russia.

Arbitration court system

In accordance with Art. 3 of the Federal Constitutional Law of April 28, 1995 N 1-FKZ "On Arbitration Courts in the Russian Federation", the system of arbitration courts in the Russian Federation includes:

1. arbitration courts of districts (arbitration courts of cassation);
2. arbitration courts of appeal;
3. arbitration courts of first instance in the republics, territories, regions, cities of federal significance, autonomous regions, autonomous districts (hereinafter referred to as arbitration courts of constituent entities of the Russian Federation);
4. specialized arbitration courts.

District Courts of Arbitration are courts for checking in the cassation instance the legality of judicial acts of arbitration courts of the constituent entities of the Russian Federation and arbitration courts of appeal that have entered into legal force, and in cases established by federal laws, judicial acts adopted by the courts of cassation. The arbitration courts of the districts are also the courts of first instance for considering applications for awarding compensation for violation of the right to trial within a reasonable time in cases considered by arbitration courts, or for violation of the right to execution of judicial acts within a reasonable time issued by arbitration courts.

Arbitration Courts of Appeal are the 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. There are 21 AACs in the Russian Federation (for more details, see Article 33.1 of the Federal Law).

In the subjects of the Russian Federation there are arbitration courts of the constituent entities of the Russian Federation- republics, territories, regions, cities of federal significance, autonomous regions, autonomous districts. At the same time, in the territories of several constituent entities of the Russian Federation, judicial power may be exercised by one arbitration court, as well as judicial power in the territory of one constituent entity of the Russian Federation may be exercised by several arbitration courts. The arbitration court of a constituent entity of the Russian Federation considers cases as a court of first instance, as well as on newly discovered circumstances.

The law also allows the creation of so-called judicial presence of arbitration courts first instance and arbitration courts of appeal (Article 35 of the Arbitration Procedure Code of the Russian Federation), i.e. separate subdivisions of the relevant arbitration court outside the place of permanent residence of this court for the exercise of its powers. They can be formed for the purpose of bringing justice closer to the location of participants in the process living in remote areas, as well as taking into account the number of cases considered by arbitration courts. They are created by decision of the Plenum of the Supreme Arbitration Court of the Russian Federation.

Court of Arbitration- an official state body operating on the territory of the Russian Federation and administering justice in the field of entrepreneurial and other economic activities.

According to Article 118 of the Constitution of the Russian Federation, judicial power in the Russian Federation is exercised only by the courts of people's and arbitration assessors. No other bodies and persons have the right to assume the administration of justice. In a number of cases (by agreement of the parties), cases referred to the jurisdiction of arbitration courts may be resolved by arbitration courts, including international commercial arbitration, administrative jurisdiction bodies

The main functions of arbitration courts in the Russian Federation
. resolution of disputes arising in the course of entrepreneurial and other economic activities;
. prevention of violation of the law in the economic sphere of society;
. keeping records and analyzing statistical data on their activities;

The main tasks of arbitration courts in the Russian Federation
. 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 field of entrepreneurial and other economic activities.

On the HONEST BUSINESS portal, you can check the Company or individual entrepreneur for participation in judicial arbitration cases for free *.

The card of a Legal Entity or an Individual Entrepreneur, obtained by searching by TIN/PSRN/Name or Full Name, contains open official information about the participation of the organization in Arbitration court cases. To get a card, use the search bar:

On the portal ZACHESTNYYBUSINESS, free of charge for all Users, information on arbitration cases of legal entities / individual entrepreneurs is provided.

Each of the Portal Users can find the arbitration process (court) by the TIN or OGRN of the organization.

A legal entity or individual entrepreneur may participate in the arbitration process as a Claimant, Respondent or a 3rd party.

"Claimant" - a participant in the civil process, in defense of the subjective rights and (or) protected interests of which a civil case has been initiated. The plaintiff applies to the judicial authorities with a statement or complaint.

"Defendant" - a participant in a civil process, involved as an alleged violator of the plaintiff's rights. The term applies to a party to a proceeding only when there is a dispute.

Please note: checking for participation in arbitration cases is one of the most important points when checking a Counterparty. A company that frequently acts as a Defendant is likely to default or be in financial distress. Also, it may mean the beginning of the bankruptcy of the company.

We wish you fruitful, comfortable work on the portal, using the search for courts (arbitration processes) of legal entities and individual entrepreneurs by TIN / OGRN on the ZACHESTNYYBUSINESS.RF portal!

* Information on court cases is presented on the HONEST BUSINESS portal in reference mode. You can get exact official information on the official website of the Arbitration Court http://www.arbitr.ru.

Arbitration courts are a special kind of judicial bodies exercising judicial power by resolving economic disputes and other cases within their jurisdiction.

Arbitration courts in Russia exercise judicial power, protecting the violated or disputed rights and legitimate interests of enterprises, institutions, organizations and citizens in the field of entrepreneurial and other economic activities and in legal relations in the field of management.

The Constitution of the Russian Federation and Federal Constitutional Law No. 1-FKZ of December 31, 1996 "On the Judicial System in the Russian Federation" classify arbitration courts as federal courts. Arbitration courts have their own competence, and the procedure for judicial proceedings in them has the specifics established by the Arbitration Procedure Code of the Russian Federation. The Arbitration Court is a legal entity, has a seal with its name and the image of the State Emblem of the Russian Federation.

The system of arbitration courts is established by the Constitution of the Russian Federation, the Federal Constitutional Laws "On the Judicial System in the Russian Federation" and "On Arbitration Courts in the Russian Federation", is based on the general principles and provisions of the judiciary and legal proceedings, which are equally valid for both the Constitutional Court and courts of general jurisdiction.

The system of arbitration courts is four-level and includes four types of arbitration courts, which are independent instances in the arbitration process:

1. arbitration courts of districts (arbitration courts of cassation);

2. arbitration courts of appeal;

3. arbitration courts of first instance in the republics, territories, regions, cities of federal significance, autonomous regions, autonomous districts.

4. specialized arbitration courts (intellectual rights court).

District Courts of Arbitration are courts for checking in the cassation instance the legality of judicial acts of arbitration courts of the constituent entities of the Russian Federation and arbitration courts of appeal that have entered into legal force.

Arbitration courts of districts are courts for checking in the cassation instance the legality of judicial acts of arbitration courts of the constituent entities of the Russian Federation and arbitration courts of appeal that have entered into legal force.

The arbitration courts of the districts are also the courts of first instance for considering applications for awarding compensation for violation of the right to trial within a reasonable time in cases considered by arbitration courts, or for violation of the right to execution of judicial acts within a reasonable time issued by arbitration courts.

The District Court of Arbitration is composed of:

1. the Presidium of the District Arbitration Court;

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

3. judicial collegium for the consideration of disputes arising from administrative legal relations.

Arbitration Courts of Appeal are the 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.

In the subjects of the Russian Federation there are arbitration courts of first instance republics, territories, regions, federal cities, autonomous regions and 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.

The composition of the arbitration court of the subject of the Russian Federation is represented by the presidium. In the arbitration court of a constituent entity of the Russian Federation, judicial chambers may also be formed to consider disputes arising from civil and other legal relations, and to consider disputes arising from administrative legal relations.

As part of the arbitration courts of the Russian Federation, other judicial chambers may also be formed to consider certain categories of cases, as well as permanent judicial presences located outside the place of permanent residence of the arbitration court of a constituent entity of the Russian Federation.

According to the Constitution of the Russian Federation and the Federal Constitutional Law “On Arbitration Courts in the Russian Federation”, arbitration courts are federal courts, the formation and regulation of which are within the jurisdiction of the Russian Federation (federal legislation) and whose competence includes consideration of economic disputes arising in the field of business and other economic activities, with the participation of legal entities, citizens - individual entrepreneurs, as well as the Russian Federation, a constituent entity of the Russian Federation, state bodies, local governments and citizens in cases provided for by law.

The system of arbitration courts, their organizational structure, and the general structure are determined by the Federal Constitutional Laws “On the Judicial System in the Russian Federation” and “On Arbitration Courts in the Russian Federation”, in accordance with which a four-level system of arbitration courts is currently in force:

1. Arbitration courts of constituent entities of the Russian Federation (regions, republics, cities of federal significance - Moscow and St. Petersburg), which are courts of first instance.
2. 20 courts of appeal, which are geographically located within the existing 10 federal arbitration (cassation) districts - 2 courts of appeal per 1 federal arbitration (cassation) district. In addition, at the courts of the first and appeal instances, in order to bring justice closer to the location or place of residence of the persons participating in the case, located or living in remote areas, as well as taking into account the number of cases under consideration, judicial presences can be created, which are separate divisions of the respective courts.
3. 10 federal arbitration courts of districts, which are courts of cassation.
4. The Supreme Arbitration Court of the Russian Federation, which is the court of first instance in cases determined by the APC and other federal laws, and the supervisory authority in relation to all lower arbitration courts (courts of first, appeal and cassation instances) when checking their judicial acts in the order of supervision.

All arbitration courts form a single system headed by the Supreme Arbitration Court of the Russian Federation.

The Supreme Arbitration Court of the Russian Federation is the highest judicial body in the system of arbitration courts for resolving economic disputes and other cases subordinate to arbitration courts, and the highest judicial instance in relation to arbitration courts of the first, appeal and cassation instances, since it exercises supervision over their activities in the form established by the APC . In addition, the Supreme Arbitration Court of the Russian Federation gives clarifications to arbitration courts on issues of judicial practice and the uniform application of legislation throughout the Russian Federation.

The federal arbitration courts of districts, as courts of cassation, are intended to verify the legality of judicial acts of the courts of appeal and first instance that have entered into legal force. In total, 10 federal districts were formed, which include several constituent entities of the Russian Federation. The district court checks in cassation the judicial acts of the arbitration courts of the constituent entities of the Russian Federation - the courts of first instance and two courts of appeal located on the territory of this federal district. The name of the federal arbitration courts of the districts is made according to the name of the district, fixed by law (for example, the Federal Arbitration Court of the Moscow District, the Federal Arbitration Court of the Central District).

Arbitration courts of the appellate instance are courts for checking the legality and reconsidering judicial acts of courts of first instance that have not entered into legal force. They check and review on appeal the judicial acts of the arbitration courts of the constituent entities of the Russian Federation - the courts of first instance, the list of which is legally assigned to each court of appeal. Geographically, the courts of appeal are located as follows: two courts of appeal per one federal arbitration (cassation) circuit. Each court of appeal has its own number (for example, the 19th court of appeal), the courts of appeal do not have names.

Arbitration courts of the constituent entities of the Russian Federation consider essentially economic disputes, in the first instance, the number of which corresponds to the number of constituent entities of the Russian Federation in accordance with the existing state administrative-territorial structure of Russia.

The composition of any arbitration court is understood as its internal structure - structure.

Thus, the Supreme Arbitration Court of the Russian Federation acts as part of the 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.

In order to prepare and process the materials of court cases, study the practice of applying legislation, and perform other functions of arbitration courts, an apparatus of an arbitration court is created, including departments and other divisions.

The Federal Arbitration Court of the District operates as part of the Presidium, judicial panels on disputes arising from civil and administrative legal relations. The presidium of the district court approves, on the proposal of the chairman of the court, members of the judicial panels and chairmen of the judicial panels of this court, decides other most important issues of organizing work and judicial practice.

Approximately in the same way, the internal structure of the arbitration courts of the constituent entities of the Russian Federation is determined, with the only difference being that in some courts with a small number of judges only panels of judges of this court can be formed, that is, without the formation of collegiums.

Each arbitration court consists of the chairman, his deputies or deputy, judges and employees of the court apparatus.

Issues of the internal activities of arbitration courts and their mutual relations, including issues related to the formation of judicial panels and panels of judges, are regulated in the Rules of Arbitration Courts, approved by the decision of the Plenum of the Supreme Arbitration Court of the Russian Federation.

According to Article 128 of the Constitution of the Russian Federation, all judges of the Supreme Arbitration Court of the Russian Federation are appointed by the Federation Council on the proposal of the President of the Russian Federation, and judges of other arbitration courts - by the President of the Russian Federation in the manner established by the Federal Law "On the Status of Judges in the Russian Federation".