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ИЗ СЛОВАРЕЙ (76)


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

Article 48. Persons who may be members of the arbitral tribunal ------ 1. Representative of the arbitral tribunal may be any citizen who has duly executed authority to conduct proceedings in bankruptcy court .------ 2. Rights and legitimate interests of citizens who do not have full legal capacity, protect the arbitration process their legal representatives - parents, adoptive parents or guardians. Legal representatives may entrust the case to the Court of Arbitration other elected representatives .------ 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 .------ Article 48. Persons who may be members of the arbitral tribunal ------ 1. Representative of the arbitral tribunal may be any citizen who has duly executed authority to conduct proceedings in bankruptcy court .------ 2. Rights and legitimate interests of citizens who do not have full legal capacity, protect the arbitration process their legal representatives - parents, adoptive parents or guardians. Legal representatives may entrust the case to the Court of Arbitration other elected representatives .------ 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 as witnesses, experts, interpreters, 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 .------ Article 48. Persons who may be members of the arbitral tribunal ------ 1. Representative of the arbitral tribunal may be any citizen who has duly executed authority to conduct proceedings in bankruptcy court .------ 2. Rights and legitimate interests of citizens who do not have full legal capacity, protect the arbitration process their legal representatives - parents, adoptive parents or guardians. Legal representatives may entrust the case to the Court of Arbitration other elected representatives .------ 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 .------ 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 .------ Article 48. Persons who may be members of the arbitral tribunal ------ 1. Representative of the arbitral tribunal may be any citizen who has duly executed authority to conduct proceedings in bankruptcy court .------ 2. Rights and legitimate interests of citizens who do not have full legal capacity, protect the arbitration process their legal representatives - parents, adoptive parents or guardians. Legal representatives may entrust the case to the Court of Arbitration other elected representatives .------ 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 arbitral tribunal. 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 .------ Article 48. Persons who may be members of the arbitral tribunal ------ 1. Representative of the arbitral tribunal may be any citizen who has duly executed authority to conduct proceedings in bankruptcy court .------ 2. Rights and legitimate interests of citizens who do not have full legal capacity, protect the arbitration process their legal representatives - parents, adoptive parents or guardians. Legal representatives may entrust the case to the Court of Arbitration other elected representatives .------ Article 49. Registration of powers of the representative ------ 1. The representative's authority must be expressed in a power of attorney issued and executed in accordance with the law .------ 2. The power of attorney on behalf of the organization shall be signed by its director or other person authorized to do so by its constituent documents, under seal of the organization .------ 3. The power of attorney issued by a citizen, may be certified by a notary, as well as an organization in which the principal works or studies, housing organization at his place of residence and administration of the inpatient hospital where he is being treated, the command of the relevant military unit, if power of attorney issued by the military. Trustees who are in prison, make sure the head of the respective prison .------ 4. Powers of attorney certified in the manner prescribed by law .------ Article 50. Powers of representative ------ Powers of the proceedings in bankruptcy court give the representative the right to perform on behalf of the sending of all proceedings except the signing of the statement of claim, referral of the case to the arbitration court, complete or partial rejection of the claims and the recognition of the claim, change the subject or cause of action, to sign the settlement agreement, the transfer of authority to another person (delegation), appeal court decision of the arbitral tribunal, the signing of the declaration of a protest, the requirements of the enforcement of judicial act, obtaining property or money awarded. The representative's authority to perform each of these actions in this article should be specifically provided for in the power of attorney of the represented .------ Article 51. Persons who may not be members of the arbitral tribunal ------ 1. Representatives of the arbitral tribunal may not be persons who do not have full legal capacity or who are under the care or custody of .------ 2. Representatives of the arbitral tribunal can not be judges, investigators, prosecutors and court staff. This rule does not apply in cases when these persons act in the proceedings as authorized by the appropriate courts, prosecution or legal representatives .------ ------ Chapter 6. Evidence Article 52. Concept and types dokazatelstv-- ---- 1. Evidence in the case are produced in accordance with the present Code and other federal law information, based on which the arbitral tribunal shall determine the presence or absence of circumstances justifying the claims and objections of persons involved in the case, as well as other circumstances relevant to the proper resolution of the dispute .------ This information shall be established written and physical evidence, expert opinions, testimony of witnesses, explanations of persons involved in the case .------ 2. You may not use evidence obtained in violation of federal law .------ Article 53. The burden of proof ------ 1. Each person involved in the case, must prove the circumstances to which it refers to as the basis of their claims and defenses. In disputes to invalidate acts of state bodies, local authorities and other bodies of the burden of proving the circumstances that gave rise to the adoption of these regulations rests with the body that adopted the act .------ 2. The arbitral tribunal may invite persons involved in the case, to present additional evidence, if it considers it impossible to examine the case on the basis of the available evidence .------ Article 54. Submission and the taking of evidence ------ 1. Evidence shall be submitted by the persons participating in the .------ 2. Person involved in the case, who is unable to obtain the necessary evidence from participating or not participating in the person from whom it is, has the right to apply to the arbitration court for the vindication of the evidence. The request must indicate what the circumstances relevant to the case, can be installed with this proof, the proof is indicated and specified its location. The Court, if necessary, issue to the person involved in the case, a request to obtain evidence. A person who is claimed by the court proof, send it directly to the court or is handed person with the corresponding request for transfer to the court .------ 3. If the person from whom the arbitration court the evidence is not in a position to present it at all, or to submit to the term set by the court, it is obliged to notify the court stating the reasons within five days from the date of receipt of the request of the court .------ In case of failure obligation to provide proof of the claimed for reasons deemed unacceptable by the court of arbitration, to the person from whom it is subject to a fine of up to 200 statutory minimum wage .------ 4. Imposition of a fine does not relieve the person in possession of the claimed evidence from the obligation to its submission to the arbitral tribunal .------Article 55. Inspection and research evidence in their location ------ 1. The arbitral tribunal may make an inspection and examination of evidence in their location in case of impossibility or difficulty of delivery to the court .------ 2. Inspection and examination of evidence produced by the arbitral tribunal with the notification of the persons involved in the case, which does not prevent the non-appearance of the production inspection and research .------ 3. If necessary, to participate in the inspection and examination of evidence may be caused by the experts and witnesses .------ 4. Immediately after the inspection and examination of evidence in their location, a protocol .------ Article 56. The relevance of evidence ------ The arbitral tribunal shall only evidence that is relevant to the case .------ Article 57. Admissibility of evidence ------ circumstances of the case, under the law or other regulatory legal acts must be confirmed by specific evidence, can not be confirmed by other evidence .------ Article 58. Grounds for exemption from proving --- --- 1. Circumstances of the case, the arbitral tribunal recognized well-known, do not require proving .------ 2. Facts established by a legally effective decision of the arbitral tribunal previously considered case, not be proved again in the consideration by the court in another case, involving the same person .------ 3. Entered into force decision of the court of general jurisdiction in civil proceedings necessary for the arbitration court considering another thing on the circumstances established by a court of general jurisdiction and relevant to persons participating in .------ 4. Which came into force of a judgment in a criminal case is binding arbitration court on the question of whether there have been some action, and by whom they were committed .------ Article 59. Evaluation of evidence ------ 1. Arbitration court evaluates the evidence on their inner conviction, based on a comprehensive, full and objective investigation of available evidence in the case .------ 2. No evidence has arbitral tribunal previously established force .------ Article 60. Written evidence ------ 1. Written evidence are containing information about the circumstances relevant to the case, the acts, contracts, certificates, business correspondence, and other documents and materials, including those received via facsimile, electronic or other communications or other means, allowing to establish the accuracy of the document .--- --- 2. Written evidence submitted in the original or in the form of duly certified copy. If the case in question has to do only part of the document, it is certified extract from it .------ Original documents submitted when the circumstances of the case in accordance with the laws or other normative legal acts are subject to confirmation only such documents as well as other necessary cases at the request of Court of Arbitration .------ 3. Copies of the written evidence submitted to the arbitration court by a person involved in the case are sent (transmitted) them to other persons involved in the case in which they are absent .------ Article 61. Return of original documents ------ Original documents in the case, at the request of the submitting parties may be returned to them after the decision of the arbitral tribunal in force, and if the court finds that the return will not prejudice the proper resolution of the dispute, - in the course of the proceedings before the decision in force. Simultaneously with the application specified persons are duly certified copy of the original document or a request for a court witness, fidelity copies remaining in .------ Article 62. Exhibits ------ Material evidence are the items that are in their appearance , intrinsic properties, their location or other signs may serve as a means to establish the circumstances relevant to the case .------ Article 63. evidence storage ------ 1. Physical evidence is stored in bankruptcy court .------ 2. Physical evidence that can not be delivered to the arbitral tribunal are stored in their location. They should be described in detail, sealed, and if necessary, filmed on film or videotape .------ 3. Costs of storage of evidence by the parties in accordance with Article 95 of this Code .------ 4. The arbitral tribunal and the guardian shall take measures to preserve material evidence in an unaltered state .------ Article 64. Inspection and investigation of evidence, perishable ------ 1. Evidence, subject to rapid deterioration, immediately examined and investigated by arbitration in their location .------ 2. The place and time of inspection and investigation persons involved in the case shall be notified, if they can come to the location of physical evidence at the time of their examination .------ 3. Absence of notification of the persons involved in the case, does not prevent the inspection and examination of evidence .------ Article 65. Disposal of material evidence ------ 1. Physical evidence after the decision of the arbitral tribunal into force returned to the persons from whom they were received or transferred to persons for whom the Court recognized the right of these items, or implemented in a different manner determined by the court .------ 2. In some cases, the evidence after inspection and investigation of the arbitral tribunal may be returned to the production process in the case of persons from which were obtained when the last of that request and the satisfaction of such an application does not prejudice the proper resolution of the dispute .------ 3 . On disposal of material evidence arbitral tribunal shall issue a ruling .------ 4. Items which by law can not be owned by individuals, transmitted to the relevant organizations .------ Article 66. Appointment of expertise ------ 1. For clarification arising in the proceedings of issues requiring special knowledge, the arbitral tribunal at the request of the person involved in the case, appoint expert .------ 2. Persons involved in the case, the arbitral tribunal shall have the right to submit questions that need to be clarified during the examination, and the nominations of experts .------ 3. Finally, the content of the issues on which you want to get an expert opinion, established by the arbitral tribunal. Deviation of the issues proposed by persons involved in the case, the court is obliged to motivate .------ 4. On the appointment of the arbitral tribunal expertise makes the determination .------ Article 67. Examination procedure ------ 1. The examination is conducted workers expert agencies or other specialists, which it requested arbitration. Examination may be entrusted several experts .------ 2. The examination is held in the meeting of the arbitral tribunal or outside the meeting, if necessary by the nature of research, or when it is impossible or difficult delivery of materials for the study in the meeting. Persons involved in the case are entitled to be present during the examination, except in cases where such a presence during the examination session of the court is able to interfere with the normal operation of experts .------ 3. If the examination entrusted to two or more experts, they have the right to consult with each other. If the experts come to a common conclusion, they give one general conclusion. The expert who does not agree with other experts, gives a separate opinion .------ Article 68. Expert opinion ------ 1. The expert shall determine in writing .------ 2. Report shall include a detailed description of the research made as a result of their conclusions and answers to the questions by the arbitral tribunal. If the examiner during the examination will establish the circumstances relevant to the case, about which he had not been questioned, he has the right to include conclusions about the circumstances in its opinion .------ 3. The expert's conclusion is investigated in a meeting of the arbitral tribunal and evaluated along with other evidence .------ 4. In case of lack of clarity or incompleteness of the conclusions of the expert tribunal may appoint additional expertise, entrusting its implementation to the same or another expert .------ 5. In case of disagreement with the expert's conclusion Arbitration Court at the request of a party to the case may appoint a re-examination, instructing her holding another expert .------ Article 69. Testimony ------ 1. Witness tells court of arbitration information known to him verbally and circumstances .------ 2. At the suggestion of the arbitral tribunal, the witness may present their testimony in writing .------ 3. Is not evidence of information reported by a witness, if he can not specify the source of his knowledge .------ Article 70. Explanations of persons participating in ------ 1. Explanations of persons involved in the case, known to them the circumstances relevant to the case, subject to review and evaluation, along with other evidence. At the suggestion of the arbitral tribunal person involved in the case, may express their explanations in writing .------ 2. Recognition of a person involved in the case, the facts on which another person bases its claims or objections to the arbitral tribunal is not obligatory .------ 3. The arbitral tribunal may consider a recognized fact established, if it has no doubt that the recognition appropriate to the circumstances of the case and not committed under the influence of deception, violence, threats, errors or for the purpose of concealing the truth .------ Article 71. Provision of evidence ------ 1. Who have reason to fear that the submission of necessary evidence would be impossible or difficult, may request the arbitral tribunal, which took its manufacturing business, the security of the evidence .------ 2. In a statement on the provision of evidence should be given the evidence that is necessary to ensure that the circumstances which are necessary to confirm this evidence, reasons for the applicant to request their maintenance .------ 3. For securing evidence or dismiss the petition issue a ruling .------ 4. Determination of the arbitral tribunal to dismiss the petition for securing evidence may be appealed .------ Article 72. Procedure for providing evidence ------ 1. Securing of evidence produced by the arbitral tribunal according to the rules established by this Code .------ 2. Persons involved in the case shall be notified of the time and place of the application for securing evidence, but their absence is not an obstacle to consideration of the application .------ Article 73. Letters rogatory ------ 1. Arbitration court hearing the case, if necessary, to obtain evidence in another entity of the Russian Federation shall be entitled to instruct the appropriate court to make certain procedural steps .------ 2. In the definition of the court order summarizes the essence of the case, specify the circumstances to be clarified, the proof of which is to collect the arbitral tribunal, ran errands .------ 3. Determination of the court order is necessary for the tribunal, which was instructed, and must be completed no later than ten days from the date of receipt of the determination .------
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