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Arbitration Procedure Code of the Russian Federation
Adopted by the State Duma on April 5, 1995
Approved by the Federation Council

Section I. General provisions Chapter 1 ------ ------ Basic Provisions Article 1. The administration of justice by the arbitral tribunal ------ The arbitral tribunal shall administer justice by resolving economic disputes and other cases falling within its jurisdiction in this Code and other federal laws .------ Article 2. Objectives of the proceedings in bankruptcy court ------ objectives proceedings in bankruptcy court are: the protection of violated or disputed rights and legitimate interests of enterprises, institutions, organizations and citizens in the field of entrepreneurship and other economic activities; Promoting the rule of law and the prevention of crime in the area of entrepreneurial and other economic activities .------ Article 3. Legislation on proceedings in arbitration courts ------ 1. In accordance with the Constitution of the Russian Federation legislation on legal proceedings in arbitration courts in the Russian Federation is in the jurisdiction of the Russian Federation .------ 2. Legal proceedings in arbitration courts in the Russian Federation is determined by the Constitution of the Russian Federation, the federal constitutional law on arbitration courts, this Code and adopted in accordance with them other federal laws .------ 3. If an international treaty of the Russian Federation establishes rules of procedure than those provided for by the legislation of the Russian Federation, the rules of the international treaty .------ 4. Proceedings in courts of arbitration is conducted according to the laws in force at the time of the case, specific legal proceedings or enforcement of the judgment .------ Article 4. The right to appeal to the Court of Arbitration ------ 1. An interested person may apply to the Court of Arbitration for protection of their violated or disputed rights and legitimate interests in the manner prescribed by this Code .------ Waiver of right to appeal to the court is invalid .------ 2. In cases stipulated by this Code, the right to appeal to the Court of Arbitration in favor of state and public interests are prosecutors, public bodies, local authorities and other bodies .------ 3. If the federal law is set for a certain category of disputes pre-trial (Claims) any settlement or it is provided by the contract, the dispute may be referred to arbitration only after compliance with this order. In this case, the persons referred to in paragraph 2 of this Article shall have the right to appeal to an arbitration tribunal without complying with the pre-trial (the claim) dispute settlement procedure .------ Article 5. Independence of Judges of the arbitral tribunal ------ 1. When administering justice, a judge of the arbitral tribunal are independent and subject only to the Constitution of the Russian Federation and federal law .------ What else outside influence on judges, interference in their activities of any government, local authorities and other agencies, organizations, officials or citizens are unacceptable and entail liability under the law .------ 2. Guarantees the independence of judges of the arbitral tribunal established by federal law .------ Article 6. Equality before the law and the courts ------ Justice in the Court of Arbitration on the principle of equality before the law and the courts of organizations, regardless of location, subordination, forms ownership, and citizens - regardless of gender, race, nationality, language, origin, property and official status, place of residence, religion, beliefs, membership of public associations, and other circumstances .------ Article 7. adversarial and equal ------ Legal proceedings in bankruptcy court is based on the equality of the parties .------ Article 8. The language of proceedings ------ 1. Proceedings in arbitration conducted in Russian .------ 2. Involved in the case who do not speak Russian language, are guaranteed the right to become fully acquainted with the case, to participate in court proceedings through an interpreter and the right to appear in bankruptcy court in their native language .------ Article 9. Publicity proceedings Affairs ---- --1. Proceedings in arbitration courts shall be open .------ hearing in camera shall be allowed in cases stipulated by the federal law on state secrets, as well as the satisfaction of the court petitions involved in the case of the person claiming the need to preserve commercial and other secrets, and in other cases stipulated by federal law .------ About proceedings in closed session decision is made .------ 2. Trial in a closed meeting is conducted in compliance with the rules of court in bankruptcy court .------ Article 10. The immediacy of the trial ------ Arbitration Court proceedings shall immediately investigate all the evidence in the case .----- -Article 11. Normative legal acts applied in resolving disputes ------ 1. The arbitral tribunal shall decide the dispute according to the Constitution of the Russian Federation, federal laws, regulations, decrees of the President of the Russian Federation and the decisions of the Government of the Russian Federation, normative legal acts of the federal executive bodies, regulatory legal acts of the Russian Federation and international treaties of the Russian Federation .------ 2. Arbitration Court, having established the illegality of an act of the state body, local government, other authority law, including the publication of his exceeding its authority, shall decide in accordance with the law .------ 3. If an international treaty of the Russian Federation stipulates other rules than those stipulated by law, the rules of the international treaty .------ 4. If there is no law governing contentious relationship, the arbitral tribunal shall apply the rules of law regulating similar relations, and in the absence of such rules shall decide the dispute based on the general principles and meaning of laws .------ 5. Arbitration in accordance with the law or an international treaty of the Russian Federation applies the law of other states .------ Article 12. Application of foreign law ------ 1. In the case of foreign law arbitration court establishes the existence and content of its provisions in accordance with their interpretation and practice of the relevant foreign country .------ 2. In order to establish the existence and content of foreign law the arbitral tribunal may in the prescribed manner to seek the assistance and clarification from the competent authorities and organizations in the Russian Federation and abroad, or to attract professionals .------ 3. If the existence or content of foreign law, despite the measures taken are not set, the arbitral tribunal shall apply the relevant rules of law of the Russian Federation .------ Article 13. Obligation of judicial acts ------ 1. The arbitral tribunal shall judicial acts in the form of solutions, decision .------ 2. Entered into force court act is mandatory for all state bodies, local authorities and other bodies, organizations, officials and citizens and is enforceable throughout the territory of the Russian Federation .------ 3. Non-enforcement of the arbitral tribunal acts punishable under the present Code and other federal laws .------ Chapter 2. The composition of the arbitral tribunal ------ Article 14. The composition of the arbitral tribunal ------ 1. In the case of arbitration courts in the first instance by a single judge considered .------ Things to invalidate acts of state bodies, local authorities and other bodies and cases of insolvency (bankruptcy) court considered collectively .------ By decision Chairman of the Court, any business can be considered collectively .------ 2. All of the cases in appeal, cassation and supervising instances are considered by the arbitral tribunal collectively .------ 3. When a peer review of the case in the Court should enter three or more odd number of judges .------ 4. All judges in cases enjoy equal rights .------ 5. In the case where this Code to the judge granted the sole right to determine cases and individual questions, he acts on behalf of the arbitral tribunal .------ Article 15. Settlement of questions arbitral tribunal ------ 1. Issues arising in the proceedings before the arbitral tribunal in the collegial resolved by the judges by a majority vote. None of the judges do not have the right to abstain from voting. The chairman of the meeting shall vote last .------ 2. A judge who does not agree with the decision of the majority shall sign the decision and the right to state in writing his dissenting opinion, which is attached to the case, but not declared. Persons involved in the case, with the dissenting opinion not familiar .------Article 16. Disqualification of a judge ------ 1. A judge may not participate in the proceedings and shall be recused: .. 1) if he is a relative of the persons involved in the case or their representatives; .. 2) if it is at the previous hearing of the case was involved as an expert, translator, prosecutor, representative or witness; .. 3) if he is personally, directly or indirectly interested in the outcome of the case or there are other circumstances giving rise to doubts as to his impartiality .------ 2. The composition of the arbitral tribunal seized of the case, may not include persons who are in relationship with each other .------ Article 17. Withdrawal experts and interpreters ------ 1. Expert and translator can not participate in the proceedings and shall be subject to allotment on the grounds specified in Article 16 of this Code .------ In addition, the grounds for disqualification of the expert are: .. 1) its utility or other relationship at the time of the proceedings or in the past from people involved in the case, or their representatives; .. 2) the production of its audit, the materials of which served as the basis or reason for the request to the tribunal or used in the proceedings .------ 2. The participation of an expert or interpreter in the previous examination of the case, respectively, as an expert or interpreter is not a reason for their removal .------ Article 18. Inadmissibility of repeated participation in the trial judge ------ 1. The judge, who took part in the proceedings, can not participate in the consideration of the case in court another instance .------ 2. The judge, who took part in the proceedings in any court, may not participate in the re-examination of the case in the same court, except in cases of cases of newly discovered facts .------ Article 19. Application for rejection and the disqualification ------ 1. In the circumstances referred to in Articles 16 and 17 of this Code, the judge, expert, translator required to recuse himself or herself .------ On the same grounds withdrawal may be declared ------ Arbitration Procedure Code of the Russian Federation --- --- Adopted by the State Duma on April 5, 1995 the Federation Council approved ------ ------ Section I. General Provisions Chapter 1. ------ ------ Basic Provisions Article 1. the administration of justice by the arbitral tribunal ------ The arbitral tribunal shall administer justice by resolving economic disputes and other cases falling within its competence under this Code and other federal laws .------ Article 2. Objectives of the proceedings in the court of Arbitration --- --- The objectives of the proceedings in bankruptcy court are: the protection of violated or disputed rights and legitimate interests of enterprises, institutions, organizations and individuals in business and other economic activities; Promoting the rule of law and the prevention of crime in the area of entrepreneurial and other economic activities .------ Article 3. Legislation on proceedings in arbitration courts ------ 1. In accordance with the Constitution of the Russian Federation legislation on legal proceedings in arbitration courts in the Russian Federation is in the jurisdiction of the Russian Federation .------ 2. Legal proceedings in arbitration courts in the Russian Federation is determined by the Constitution of the Russian Federation, the federal constitutional law on arbitration courts, this Code and adopted in accordance with them other federal laws .------ 3. If an international treaty of the Russian Federation establishes rules of procedure than those provided for by the legislation of the Russian Federation, the rules of the international treaty .------ 4. Proceedings in courts of arbitration is conducted according to the laws in force at the time of the case, specific legal proceedings or enforcement of the judgment .------ Article 4. The right to appeal to the Court of Arbitration ------ 1. An interested person may apply to the Court of Arbitration for protection of their violated or disputed rights and legitimate interests in the manner prescribed by this Code .------ Waiver of right to appeal to the court is invalid .------ 2. In cases stipulated by this Code, the right to appeal to the Court of Arbitration in favor of state and public interests are prosecutors, public bodies, local authorities and other bodies .------ 3. If the federal law is set for a certain category of disputes pre-trial (Claims) any settlement or it is provided by the contract, the dispute may be referred to arbitration only after compliance with this order. In this case, the persons referred to in paragraph 2 of this Article shall have the right to appeal to an arbitration tribunal without complying with the pre-trial (the claim) dispute settlement procedure .------ Article 5. Independence of Judges of the arbitral tribunal ------ 1. When administering justice, a judge of the arbitral tribunal are independent and subject only to the Constitution of the Russian Federation and federal law .------ What else outside influence on judges, interference in their activities of any government, local authorities and other agencies, organizations, officials or citizens are unacceptable and entail liability under the law .------ 2. Guarantees the independence of judges of the arbitral tribunal established by federal law .------ Article 6. Equality before the law and the courts ------ Justice in the Court of Arbitration on the principle of equality before the law and the courts of organizations, regardless of location, subordination, forms ownership, and citizens - regardless of gender, race, nationality, language, origin, property and official status, place of residence, religion, beliefs, membership of public associations, and other circumstances .------ Article 7. adversarial and equal ------ Legal proceedings in bankruptcy court is based on the equality of the parties .------ Article 8. The language of proceedings ------ 1. Proceedings in arbitration conducted in Russian .------ 2. Involved in the case who do not speak Russian language, are guaranteed the right to become fully acquainted with the case, to participate in court proceedings through an interpreter and the right to appear in bankruptcy court in their native language .------ Article 9. Publicity proceedings Affairs ---- --1. Proceedings in arbitration courts shall be open .------ hearing in camera shall be allowed in cases stipulated by the federal law on state secrets, as well as the satisfaction of the court petitions involved in the case of the person claiming the need to preserve commercial and other secrets, and in other cases stipulated by federal law .------ About proceedings in closed session decision is made .------ 2. Trial in a closed meeting is conducted in compliance with the rules of court in bankruptcy court .------ Article 10. The immediacy of the trial ------ Arbitration Court proceedings shall immediately investigate all the evidence in the case .----- -Article 11. Normative legal acts applied in resolving disputes ------ 1. The arbitral tribunal shall decide the dispute according to the Constitution of the Russian Federation, federal laws, regulations, decrees of the President of the Russian Federation and the decisions of the Government of the Russian Federation, normative legal acts of the federal executive bodies, regulatory legal acts of the Russian Federation and international treaties of the Russian Federation .------ 2. Arbitration Court, having established the illegality of an act of the state body, local government, other authority law, including the publication of his exceeding its authority, shall decide in accordance with the law .------ 3. If an international treaty of the Russian Federation stipulates other rules than those stipulated by law, the rules of the international treaty .------ 4. If there is no law governing contentious relationship, the arbitral tribunal shall apply the rules of law regulating similar relations, and in the absence of such rules shall decide the dispute based on the general principles and meaning of laws .------5. The arbitral tribunal in accordance with law or international treaty of the Russian Federation applies the law of other states .------ Article 12. The use of foreign law ------ 1. In the case of foreign law arbitration court establishes the existence and content of its provisions in accordance with their interpretation and practice of the relevant foreign country .------ 2. In order to establish the existence and content of foreign law the arbitral tribunal may in the prescribed manner to seek the assistance and clarification from the competent authorities and organizations in the Russian Federation and abroad, or to attract professionals .------ 3. If the existence or content of foreign law, despite the measures taken are not set, the arbitral tribunal shall apply the relevant rules of law of the Russian Federation .------ Article 13. Obligation of judicial acts ------ 1. The arbitral tribunal shall judicial acts in the form of solutions, decision .------ 2. Entered into force court act is mandatory for all state bodies, local authorities and other bodies, organizations, officials and citizens and is enforceable throughout the territory of the Russian Federation .------ 3. Non-enforcement of the arbitral tribunal acts punishable under the present Code and other federal laws .------ Chapter 2. The composition of the arbitral tribunal ------ Article 14. The composition of the arbitral tribunal ------ 1. In the case of arbitration courts in the first instance by a single judge considered .------ Things to invalidate acts of state bodies, local authorities and other bodies and cases of insolvency (bankruptcy) court considered collectively .------ By decision Chairman of the Court, any business can be considered collectively .------ 2. All of the cases in appeal, cassation and supervising instances are considered by the arbitral tribunal collectively .------ 3. When a peer review of the case in the Court should enter three or more odd number of judges .------ 4. All judges in cases enjoy equal rights .------ 5. In the case where this Code to the judge granted the sole right to determine cases and individual questions, he acts on behalf of the arbitral tribunal .------ Article 15. Settlement of questions arbitral tribunal ------ 1. Issues arising in the proceedings before the arbitral tribunal in the collegial resolved by the judges by a majority vote. None of the judges do not have the right to abstain from voting. The chairman of the meeting shall vote last .------ 2. A judge who does not agree with the decision of the majority shall sign the decision and the right to state in writing his dissenting opinion, which is attached to the case, but not declared. Persons involved in the case, with the dissenting opinion not familiar .------ Article 16. Disqualification of a judge ------ 1. A judge may not participate in the proceedings and shall be recused: .. 1) if he is a relative of the persons involved in the case or their representatives; .. 2) if it is at the previous hearing of the case was involved as an expert, translator, prosecutor, representative or witness; .. 3) if he is personally, directly or indirectly interested in the outcome of the case or there are other circumstances giving rise to doubts as to his impartiality .------ 2. The composition of the arbitral tribunal seized of the case, may not include persons who are in relationship with each other .------ Article 17. Withdrawal experts and interpreters ------ 1. Expert and translator can not participate in the proceedings and shall be subject to allotment on the grounds specified in Article 16 of this Code .------ In addition, the grounds for disqualification of the expert are: .. 1) its utility or other relationship at the time of the proceedings or in the past from people involved in the case, or their representatives; .. 2) the production of its audit, the materials of which served as the basis or reason for the request to the tribunal or used in the proceedings .------ 2. The participation of an expert or interpreter in the previous examination of the case, respectively, as an expert or interpreter is not a reason for their removal .------ Article 18. Inadmissibility of repeated participation in the trial judge ------ 1. The judge, who took part in the proceedings, can not participate in the consideration of the case in court another instance .------ 2. The judge, who took part in the proceedings in any court, may not participate in the re-examination of the case in the same court, except in cases of cases of newly discovered facts .------ Article 19. Application for rejection and the disqualification ------ 1. In the circumstances referred to in Articles 16 and 17 of this Code, the judge, expert, translator required to recuse himself or herself .------ On the same grounds withdrawal may be declared ------ persons involved in the case .-- ---- 2. Rejection and removal should be motivated and notified prior to consideration of the merits. Investigating the case, a statement of rejection and the disqualification shall be allowed only in cases where the base of the rejection and withdrawal became known to the arbitral tribunal or the claimant withdraws or drain after commencement of the proceedings .------ Article 20. Settlement of the declared withdrawal ------ 1. In the case of application removal arbitral tribunal shall hear the opinion of the persons involved in the case, as well as hear the person who challenged the challenged willing to give explanations .------ 2. The question of disqualification of a judge of the case alone allowed the chairman of the arbitral tribunal or chairman of the judicial board .------ 3. The question of disqualification of a judge under peer review of the case allowed the composition of the arbitral tribunal in the absence of the judge being challenged. With an equal number of votes cast for and against the withdrawal of removal, the judge considered to be retracted .------ issue of the challenge, claimed several judges or entire court seized of the case, allowed the chairman of the arbitral tribunal or chairman of the judicial board .---- --4. A challenge to experts and interpreters permitted composition of the arbitral tribunal considering the case .------ 5. Upon review of the question of the withdrawal decision is made .------ Article 21. Consequences of the request for challenge ------ 1. In the case of disqualification of a judge or several judges or all of the arbitration court case is pending in the same court, but in a different part of .------ 2. If the satisfaction of taps is impossible to form a new composition of the court would consider the case in the same court of arbitration, the case should be transferred to another court of arbitration at the same level .------ Chapter 3. Jurisdiction and venue ------ Article 22. Jurisdiction ------ 1. The arbitral tribunal has jurisdiction cases on economic disputes arising from civil, administrative and other legal relations: .. 1) between legal entities (hereinafter - the organization), citizens engaged in entrepreneurial activities without a legal entity and have the status of an individual entrepreneur, acquired in accordance with the law (further - citizens) .. 2) between the Russian Federation and the subjects of the Russian Federation, between the Russian Federation .------ 2. The economic disputes resolved by the arbitral tribunal, in particular, disputes: ------ disagreements about the contract, the conclusion of which is provided by law or the transfer of disagreements on which to allow the arbitral tribunal agreed by the parties; ------ modifying the terms or termination of contracts; of non-fulfillment or improper fulfillment of obligations; ------ recognizing the right of property; ------ for the recovery of the owner or other lawful owner of the property from illegal possession; ------ violation of the rights of the owner or other lawful owner, non-custodial ownership; ------ damages; ------ invalidation (fully or partially) non-normative acts of state bodies, local authorities and other bodies that do not comply with laws and other regulations legal acts and violating the rights and legitimate interests of organizations and citizens; ------ protection of honor, dignity and business reputation of recognition ------ unenforceable executive or other document under which the recovery is performed on an uncontested (without acceptance) order; ------ for appeal of denial of state registration or evasion of state registration in the prescribed period of organization or citizen, and in other cases, where such registration is provided for by law; ------ recover from the organizations and citizens fines state bodies, local authorities and other bodies carrying out control functions, if federal law does not provide indisputable (non-acceptance) order of their collection; ------ on the return from the budget funds decommissioned bodies performing control functions, indisputably (non-acceptance) order in violation of the law or other normative legal act .------ 3. The arbitral tribunal considers other cases, including: ------ concerning establishment of facts relevant to the occurrence, change or termination of the rights of citizens and organizations in the field of business and other economic activities (hereinafter - the establishment of facts of legal significance) ; ------ (bankruptcy) of the organizations and citizens .------ 4. In cases stipulated by this Code and other federal laws, the jurisdiction of the arbitral tribunal cases on economic disputes and other cases involving entities that are not legal entities (hereinafter - the organization), and citizens who do not have the status of an individual entrepreneur .------ 5. Federal law may be attributed to the jurisdiction of the arbitral tribunal and other cases .------ 6. The arbitral tribunal shall subordinate cases involving organizations and citizens of the Russian Federation, as well as foreign organizations, foreign investment, international organizations, foreign citizens and stateless persons engaged in entrepreneurial activities, unless otherwise provided by international treaty of the Russian Federation .--- --- Article 23. Submission of the dispute to arbitration ------ By agreement of the parties arisen or which may arise dispute arising out of civil relations and the jurisdiction of the arbitration court, before taking a decision may be submitted by the parties to the arbitration suda.- ----- Article 24. Jurisdiction ------ 1. Cases under the jurisdiction of the arbitral tribunal shall be considered by arbitration courts of republics, territories, regions, federal cities, autonomous regions, autonomous regions (hereinafter - the arbitration courts of the Russian Federation), except in cases referred to the jurisdiction of the Supreme Arbitration Court of the Russian Federation .--- --- 2. The Supreme Arbitration Court of the Russian Federation shall consider: ------ economic disputes between the Russian Federation and the subjects of the Russian Federation, between the Russian Federation; ------ case of invalidation (fully or partially) non-normative acts of the President of the Russian Federation Council Federation and the State Duma of the Federal Assembly of the Russian Federation, the Government of the Russian Federation, is not relevant to the law and violate the rights and legitimate interests of organizations and citizens .------ Article 25. Filing a claim on the location of the defendant ------ 1. Action is brought in the Court of Arbitration at the location of the defendant .------ 2. Lawsuit against the entity arising from the activities of its separate division, presented at the location of a separate division .------ § 26. Jurisdiction by the plaintiff's choice ------ 1. Lawsuit against the defendants who are on different territories of the Russian Federation, presented to the Arbitration Court of the plaintiff's choice of the location of one of the defendants .------ 2. Lawsuit against the defendant, the location of which is unknown, may be brought before the arbitral tribunal at the location of his property or his last known location in the Russian Federation .------ 3. Lawsuit against the defendant is an organization or a citizen of the Russian Federation and within the territory of another state may be presented at the location of the plaintiff or the defendant's property .------ 4. Claim arising out of the contract, which specifies the place of performance, may be brought at the place of performance of the contract .------ Article 27. Jurisdiction of establishing the facts of legal significance ------ Cases concerning establishment of facts of legal value, are considered in the location of the applicant, except in cases to establish the fact of ownership of buildings, land, considered the location of the buildings, the land .------ Article 28. Jurisdiction of insolvency (bankruptcy ) organizations and citizens ------ Cases of insolvency (bankruptcy) of the organizations and citizens are considered based on the location of the debtor .------ Article 29. Exclusive jurisdiction ------ 1. Claims for recognition of ownership of buildings, land, the seizure of buildings, structures and land from illegal possession, the elimination of violations of the rights of the owner or other lawful owner, unrelated to dispossession, imposed on the location of buildings, the land .------ 2. Action against the carrier arising from the contract of carriage, including when the carrier is one of the defendants, presented at the location of the transport system .------ 3. Claims to state authorities, local self-government of the Russian Federation arising from administrative relations are presented in the arbitration court of the subject of the Russian Federation, not the location of the corresponding body .------ lawsuits to invalidate acts of other organs located on territory of another entity of the Russian Federation imposed by the rules provided in the first paragraph of this subsection .------ Article 30. Contract ------ jurisdiction jurisdiction laid down in Articles 25 and 26 of this Code, may be changed by agreement sides .------ Article 31. Transfer of a case from one court to another arbitration court of arbitration ------ 1. The point taken by the arbitral tribunal to its production in compliance with the rules of jurisdiction must be considered on the merits, even if in the future it was the jurisdiction of another court of arbitration .------ 2. The arbitral tribunal shall refer the case to another court: .. 1) if the proceedings in this court revealed that it was taken to production in violation of the rules of jurisdiction; .. 2) If, after removal of one or more judges to replace them in this court becomes impossible, as well as in other cases where it is impossible to consider the case in this court. The case is referred to the arbitration court of the same level .------ 3. On the transfer of the case to the Court of Arbitration of another decision is made .------ 4. The case referred from one court to another arbitration shall be accepted for consideration by the court to which it is directed. Disputes over jurisdiction between courts of arbitration in the Russian Federation are not allowed .------ Chapter 4. Persons involved in the case and other participants in the arbitration process ------ Article 32. Composition of persons involved in the case --- --- The persons involved in the case are as follows: ------ hand, a third party; applicants and other interested persons - in cases of establishing the facts of legal significance, and insolvency (bankruptcy) of the organizations and citizens; ------ prosecutor, public bodies, local authorities and other bodies, apply to the arbitration court against in defense of national and public interests .------ Article 33. Rights and obligations of persons involved in the case ------ 1. Persons involved in the case have the right to get acquainted with the case, make extracts from them, make copies, to file objections, to present evidence and participate in their study, ask questions, submit petitions, make statements, give explanations to the arbitral tribunal, to submit their observations on the all questions arising in the course of the proceedings on opposing the motion, the arguments of others involved in the case, to appeal against court decisions and use other procedural rights granted to them by this Code .------ 2. Persons involved in the case, shall perform the duties prescribed by this Code, and should conscientiously use all of their procedural rights .------Article 34. The Parties ------ 1. Parties in the plaintiff and the defendant are .------ 2. The plaintiffs are the organizations and citizens to sue in their own interests or in the interests of which sued .------ 3. Defendants are organizations and individuals, which filed a claim .------ 4. The parties have equal procedural rights .------ Article 35. Participation in several plaintiffs or defendants ------ 1. Action may be brought by several plaintiffs or several defendants. Each of the plaintiffs or defendants in the acts themselves. Partners can entrust the case to one of the accomplices .------ 2. When you need to bring another defendant arbitral tribunal to decide, with the consent of the plaintiff that the defendant draws .------ Article 36. Substitution of improper hand ------ 1. The arbitral tribunal, set during the proceedings that the claim has not been brought by the person who owns the right to claim or not to the person who should be responsible for the claim may, with the consent of the plaintiff to allow replacement of the original plaintiff or defendant properly plaintiff or defendant .-- ---- 2. If the plaintiff does not agree to its replacement by another person, that person may intervene as a third party independent claims on the matter in dispute, and the court shall notify the person .------ 3. If the plaintiff does not agree on a replacement by another person of the defendant, the court may, with the consent of the plaintiff to bring that person as a second defendant .------ 4. After replacing the improper hand trial performed from the beginning .------ Article 37. Change grounds or the subject of the claim, the change of the claim, the rejection of the claim, acknowledgment of claim 1 ------. The plaintiff is entitled to a decision by the arbitral tribunal to change the base or the subject of the claim, increase or decrease the size of the claim or reject the claim .------ 2. The defendant has the right to admit the claim in full or in part .------ 3. Parties can finish the settlement agreement in the case of any instance .------ 4. Arbitration Court does not accept the rejection of the claim, reducing the size of the claim, the recognition of a claim does not approve the settlement agreement if it is contrary to the laws and other normative legal acts or violates the rights and legitimate interests of others. In these cases, the court shall decide the dispute on the merits .------ Article 38. Third parties making independent claims on the subject of the dispute ------ Third parties making independent claims on the subject of the dispute, may intervene in the proceedings before the arbitration court decisions. They enjoy all the rights and bear all the responsibilities of the claimant other than the duty to maintain the pre-trial (the claim) procedure for dispute settlement with the defendant as provided by federal law for this category of disputes or contract .------ Article 39. Third parties not making independent requirements on the subject of the dispute ------ 1. Third parties not making independent claims concerning the subject of the dispute, may intervene on the side of the plaintiff or defendant before the arbitral tribunal if the decision may affect their rights or obligations with respect to one of the parties. They may be involved in the case also at the request of a party or on the court's initiative .------ 2. Third parties not making independent claims concerning the subject of the dispute, bear procedural obligations and enjoy the rights of a party, except the right to change the grounds or the subject of the claim, increase or decrease the size of the claim, the rejection of the claim, the recognition of a claim or settlement agreement, requiring the enforcement of court act .------ Article 40. The procedural succession ------ 1. In case of withdrawal of one of the parties in the contested decision or arbitral tribunal established by law relationship (reorganization, assignment, transfer of debt, the death of a citizen, and in other cases), the court shall replace this party by its successor, indicating this in order, ruling or decision. Succession is possible at any stage of the arbitration process .------ 2. Successor to all acts committed in the course prior to its entry into the case are required to the extent that they would be obligatory for a person who is the legal successor replaced .------ Article 41. Participation in the Prosecutor ----- -1. The prosecutor may apply to the arbitration court in defense of national and public interests .------ 2. The statement of claim in the Supreme Arbitration Court of the Russian Federation directed the Attorney General of the Russian Federation or the Deputy Prosecutor General of the Russian Federation, the arbitration court of the Russian Federation - as prosecutor or deputy prosecutor of the Russian Federation and equivalent prosecutors or their deputies .------ 3. Attorney, filed a statement of claim shall be the duties and exercise the rights of the plaintiff, except for the right to enter into a settlement agreement .------ 4. The prosecutor's refusal to presentation of a claim does not deprive the plaintiff's right to claim the merits .------ 5. Nolle prosequi, which was presented by the prosecutor in his interest, implies the abandonment of the claim without consideration .------ Article 42. Participation in state bodies, local authorities and other bodies ------ 1. In cases stipulated by federal law, state agencies, local governments and other authorities have the right to file a claim to the arbitration court in defense of national and public interests .------ 2. Authority, to present a statement of claim shall be the duties and exercise the rights of the plaintiff, except for the right to enter into a settlement agreement .------ 3. Organ failure on presentation of a claim does not deprive the plaintiff's right to claim the merits .------ 4. Nolle prosequi, which was brought to his advantage, implies the abandonment of the claim without consideration .------ Article 43. Other participants in the arbitration process ------ addition to the persons involved in the case in the arbitration process can participate witnesses experts, translators, representatives .------ Article 44. Witness ------ 1. A witness may be any person who knows the details and circumstances of importance for the proper resolution of the dispute by arbitration court .------ 2. The witness must appear before the Court of Arbitration for his call and report information known to him and the circumstances of the case .------ 3. The witness must give truthful testimony, answer the judge's questions, the persons involved in the arbitration process .------ 4. For perjury and refusal or evasion from testifying witness is criminally responsible .------ Article 45. Expert ------ 1. An expert in bankruptcy court may be a person possessing special knowledge required to give an opinion, and appointed by the court in cases stipulated by this Code .------ 2. A person charged with carrying out the examination shall be obliged to appear when summoned by the arbitral tribunal and give an objective opinion on the issues raised .------ 3. The expert may refuse to give an opinion if the material before it is insufficient or if he does not possess the knowledge required to perform the duties assigned to him .------ 4. Expert if necessary to give an opinion, has the right to get acquainted with the case, to participate in the meetings of the arbitral tribunal, ask questions, ask the court to submit additional materials .------ 5. For knowingly giving false conclusion or refusal to give an opinion expert is criminally responsible .------ Article 46. 1 ------ translator. Translator is a person fluent in the language, knowledge of which is necessary for translation, and appointed by the court in cases stipulated by this Code .------ 2. The interpreter may be appointed from among the members of the arbitration process proposed by persons .------ Other participants in the arbitration proceedings shall not be entitled to assume the duties of an interpreter, even though they possessed necessary for language translation .------ 3. Interpreters must appear when summoned by the court and completely, correctly and in a timely manner to transfer .------ 4. Translator has the right to ask the audience when translating those questions to clarify translation .------ 5. Translator criminally liable in the event of a deliberately wrong translation .------ Chapter 5. Representation of the arbitral tribunal ------ Article 47. Conducting business through representatives ------ 1. Affairs organizations are in bankruptcy court of their bodies, acting within the powers granted to them by laws and regulations or the founding documents and their representatives .------ 2. Heads of organizations, and other persons in accordance with the constituent documents represent the arbitration court documents certifying their official position or authority .------ 3. Citizens can conduct their business in bankruptcy court in person or through a representative. Private participation in the citizen does not deprive him of the right to have a representative on the case .------
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