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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
Article 74. The order of execution of letters rogatory ------ 1. A court order is executed in a meeting of the arbitral tribunal by the rules established by this Code. Persons involved in the case shall be notified of the time and place of the hearing, but their absence is not an obstacle for a meeting .------ 2. On the execution of the court order makes the determination that all materials immediately sent to the arbitration court trying .------ 3. Persons involved in the case, witnesses who testify explanations or arbitral tribunal, ran errands, in the case of his participation in the court hearing of the case, give explanations and evidence in the general procedure .------ Chapter 7. Ensure iska-- ---- Article 75. Grounds for securing a claim ------ 1. Arbitration Court at the request of a person involved in the case are entitled to take measures to secure the claim. Ensuring the claim is allowed at any stage of the arbitration process, if failure to take such measures may make it difficult or impossible to execute a judicial act .------ 2. Request for interim measures considered by the arbitral tribunal shall decide the dispute, not later than the day after his admission .------ 3. According to the results of the application decision is made .------ 4. Definition for interim measures or refusing interim relief may be appealed .------ Complaint to determine for interim relief shall not suspend the execution of this definition .------ Article 76. Measures to ensure the claim ----- -1. Measures to ensure the claim can be: .. 1) seizure of property or money belonging to the defendant; .. 2) prohibiting the defendant from performing certain acts; .. 3) the prohibition of other persons to perform certain actions relating to the subject matter; .. 4 ) suspension of foreclosure by the plaintiff contested the executive or other document on which the penalty is carried out on an uncontested (without acceptance) order; .. 5) suspension of the sale of property in the case of a claim for his release from arrest .------ If necessary, may be adopted several measures to ensure the claim .------ 2. The arbitral tribunal, allowing maintenance of the claim, the defendant may, at the request of the plaintiff to demand compensation for the provision of security for possible damages defendant .------ 3. For failure to comply with the measures referred to in paragraphs 2 and 3 of Part 1 of this article, organizations and citizens shall pay a fine to the federal budget: ------ claims to be assessed, - up to 50 percent of the price of the claim; --- --- claims not subject to evaluation - of up to 200 statutory minimum wage .------ 4. The plaintiff is entitled to recover damages caused by the failure of an arbitration court for interim relief, by bringing an action in the same court of arbitration .------ Article 77. Replacement of one type of security to look for other ------ 1. May be replaced with one type of security to look for other .------ 2. Replacing one kind of software to look for other permitted in accordance with the procedure provided for in Article 75 of this Code .------ 3. When securing a claim for the recovery of money the defendant has the right to set instead of taking measures to ensure the claim to make the deposit account of the arbitral tribunal claimed by the plaintiff the sum of .------ Article 78. Execution definitions for interim ------ Determination for interim relief is executed immediately in the manner prescribed for the execution of the decisions of the arbitral tribunal .------ Article 79. Cancellation of securing a claim ------ 1. Maintenance of the claim may be at the request of the person involved in the case, revoked by the arbitral tribunal considering the case. The abolition of security for the claim is resolved in the court session .------ 2. Persons involved in the case shall be notified of the time and place of the hearing, but their absence is not an obstacle to consider the abolition of security for the claim .------ 3. Upon review of the whole question of the maintenance of the claim decision is made .------ 4. In the event of a failure in the lawsuit approved measures to ensure retained until the decision enters into force. However, the arbitral tribunal may at the same time with the decision or after the decision to make a determination on the abolition of security for the claim .------ 5. Determination of the abolition of security for the claim may be appealed .------ Article 80. Compensation of the defendant damages caused by securing the claim ------ defendant after the entry into force of which the claim is denied, the plaintiff is entitled to demand compensation for damages inflicted securing the claim, by bringing an action in the same court of arbitration .------ Chapter 8. The suspension of the proceedings ------ Article 81. Duty of the arbitral tribunal to suspend the proceedings ------ 1. The arbitral tribunal shall suspend the proceedings in the cases: .. 1) inability to consider the case before making a decision in another case or matter addressed through constitutional, civil, criminal or administrative proceedings; .. 2) visit the citizen - the defendant in the existing parts armed Forces of the Russian Federation or the treatment of the appropriate application of the citizen - the plaintiff, who is serving in the Armed Forces of the Russian Federation; .. 3) The death of a citizen, if controversial legal permit succession; .. 4) the loss of national capacity .------ 2 . The arbitral tribunal shall stay the proceedings and in other cases stipulated by federal law .------ Article 82. The right of the arbitral tribunal to suspend the proceedings ------ arbitral tribunal may suspend the proceedings in the following cases: 1 .. ) appointment of the arbitral tribunal expertise; .. 2) reorganization of the organization - the persons involved in the case; .. 3) involvement of the citizen - a person involved in the case, for the performance of any public duty .------ Article 83. resumption proceedings ------ The proceedings resumed after the elimination of the circumstances that caused its suspension .------ Article 84. The order of suspension and resumption of proceedings ------ 1. On the suspension of the proceedings and the resumption of the arbitral tribunal shall issue a ruling .------ 2. Determination of the arbitral tribunal to suspend the proceedings may be appealed .------ Chapter 9. Termination of proceedings ------ Article 85. Grounds for termination of the proceedings ------ arbitral tribunal shall terminate the proceedings on Disposition: .. 1) if the dispute is not subject to arbitration; .. 2) if there is an inured taken on the dispute between the same parties on the same subject and on the same basis of a court of general jurisdiction of the arbitral tribunal; ..3) if there is an inured taken on the dispute between the same parties on the same subject and on the same grounds arbitration decision, except in cases where the arbitration court refused to issue a writ of execution to enforce the arbitral award, remanded the case for a new trial in the court of arbitration, made the decision, but the proceedings in the same court of arbitration has not been possible; .. 4) if the organization - a person involved in the case, liquidated; .. 5) if, after the death of the citizen - person who participated in fact, legal disputes does not allow succession; .. 6) if the plaintiff withdrew the suit and the refusal adopted by the arbitral tribunal; .. 7) if entered into a settlement agreement and it is approved by the arbitral tribunal .------ Article 86. Procedure and effects termination of the proceedings ------ 1. On termination of the proceedings the arbitral tribunal shall issue a ruling. ------ 2. In the definition of the arbitral tribunal may settle the question of the distribution between the persons involved in the case, court costs, for the return of the state duty from budget .------ 3. In the event of termination of the proceedings secondary circulation in the arbitral tribunal in a dispute between the same parties on the same subject and on the same grounds is not allowed .------ 4. Determination of the arbitral tribunal on the dismissal of the case can be appealed .------ Chapter 10. Abandonment of the claim without consideration ------ Article 87. Grounds for leaving the claim without consideration ------ Arbitration court leaves the claim without consideration: .. 1) If in the court of general jurisdiction of the arbitral tribunal, the arbitral tribunal has a case of dispute between the same parties on the same subject and on the same grounds; .. 2) if there is an agreement of persons involved in the case, to refer the dispute to arbitration, and recourse to the arbitral tribunal has not been lost, and if the defendant objected to the proceedings in bankruptcy court, not later than its first statement on the substance of the dispute filed a motion to refer the dispute to arbitration; .. 3) if the application is not signed or signed by a person not entitled to sign it, or by a person whose official status is not specified; .. 4) if the plaintiff did not apply to a bank or other lending institution for obtaining debt from the defendant when it according to the law, other regulatory or agreement must be obtained through a bank or other lending institution; .. 5) if the claimant is not met pre-trial (Claims) procedure for settling a dispute with the defendant, as provided by federal law for this category of disputes or contract; .. 6) if the plaintiff did not appear at a meeting of the arbitral tribunal and declared the proceedings without his participation; .. 7) if the consideration disclaimer or evasion of state registration turns out that there was a dispute about the law; .. 8) If in considering the application for the establishment of the facts of legal significance, it appears that there was a dispute about the right .------ Article 88. The procedure and consequences of leaving the claim without consideration ------ 1. The abandonment of the claim without consideration of the arbitral tribunal shall definition .------ ------ 2. In the definition of the arbitral tribunal may settle the question of the distribution between the persons involved in the case, court costs, for the return of the state duty from budget .------ 3. A decision to leave the claim without consideration may be appealed .------ 4. After elimination of the circumstances giving rise to the abandonment of the claim without consideration, the plaintiff has the right to re-apply to the arbitration court in general order .------ Chapter 11. Costs ------ Article 89. Trial raskhodov-- ---- costs consist of the state fee and the costs of the proceedings: the amounts payable for the examination, appointed by the arbitral tribunal, call witnesses, examination of evidence at the scene, as well as costs associated with the enforcement of the judgment .-- ---- Article 90. state duty payment ------ The state fee for all cases considered by arbitration courts in the Russian Federation, shall be recovered or paid to the federal budget .------ Article 91. The state fee --- --- 1. State duty paid: ------ writs; application for recognition of insolvent (bankrupt) organizations and citizens; ------ applications to join the proceedings as a third party independent claims on the subject of the dispute; ------ declaration of establishing the facts of legal significance; - ----- appeals and appeals against decisions of the tribunal, as well as determining the termination of the proceedings, the abandonment of the claim without consideration, the imposition of court fines; ------ application for a writ of execution to enforce decisions arbitration; ------ appeals and appeals to the arbitration court to issue a writ of execution to enforce the decisions of the arbitral tribunal and to refuse to issue a writ of execution .------ 2. With an increase in claims outstanding amount of the state fee shall be collected in the decision in accordance with the increased cost of the claim. When reducing the amount of the claim paid the fee is not refundable .------ 3. The problems of establishing the size of the state duty of the exemption, deferral or installment payment of state fees and reduce its size determined in accordance with federal law .------Article 92. The price of the claim ------ 1. Price action is determined: ------ claims for the recovery of funds, based on the amount exacted; ------ claims for recognition unenforceable executive or other document under which the recovery is performed on an uncontested (without acceptance) order based on the amount in dispute; ------ claims for the recovery of the property based on the value of the property; ------ claims for the recovery of the land based on the value of the land at a set price, and in its absence - at market price .------ The price also includes a claim referred to in the statement of claim the amount of penalties (fines, penalties) .------ 2. Price action consisting of several independent claims, defined by the sum of all claims .------ 3. In case of incorrect price specified action is determined by the arbitral tribunal .------ Article 93. Refund of state fees ------ 1. State fee is refundable in accordance with federal law .------ 2. In the judicial act of the arbitral tribunal shall specify the circumstances which are the basis for a full or partial refund of the state fee .------ 3. According to the statements, appeal or cassation, paid state fee, but not received by the arbitral tribunal or they returned, and judicial acts providing for full or partial repayment of duties, its return is based on the court issued certificates .------ Article 94. The payment of amounts owed to experts, witnesses and interpreters ------ 1. Experts, witnesses and interpreters shall be reimbursed incurred in connection with attendance at court of arbitration costs of travel, hiring rooms and per diem .------ 2. Experts and interpreters are being paid for work done on behalf of the tribunal, if the work is not included in the scope of their official duties .------ 3. Citizens caused by an arbitration court as witnesses shall be reimbursed their costs associated with the loss of time due to the appearance before the court .------ 4. Amounts payable to witnesses and experts, making the deposit account of the arbitral tribunal shall forward person involved in the case, has declared the request. If the request comes from both sides, the required amounts are made by them in equal parts. If additional examination is appointed by a court to be paid the amount paid to the expert by the court from the deposit account. These amounts shall be collected from persons involved in the case, in accordance with Article 95 of this Code with admission to the deposit account of the court .------ 5. Amounts owed to experts, witnesses, interpreters are paid by the arbitral tribunal on the performance of their duties .------ 6. The order of payment and the amounts to be paid, established by the Government of the Russian Federation .------ Article 95. The distribution between the persons involved in the case, court costs ------ 1. Court costs are charged to the persons involved in the case, in proportion to the satisfied claims .------ 2. State fee, the payment of which the plaintiff in the established order was released, shall be recovered from the defendant in the federal budget in proportion to the satisfied claims, if the defendant is not exempt from paying duties .------ 3. If the case arose as a result of violation of a person involved in the case, the pre-trial (the claim) dispute settlement procedure provided for by federal law for this category of disputes or contract (leaving unanswered complaints, non-refoulement required documents), the arbitral tribunal may be attributed to that person, regardless of the legal costs outcome of the case .------ 4. At the convention, the persons involved in the case of allocation of court costs arbitral tribunal shall decide in accordance with this agreement .------ 5. Legal costs incurred by persons involved in the case, in connection with the filing of the appeal, the appeal shall be distributed in accordance with the rules laid down in this Article .------ Chapter 12. Time limits ------ Article 96. establishment and calculation of procedural terms ------ 1. Remedial actions are performed within the timeframe established by this Code or other federal laws, and in cases where the procedural time limits are not set, they are appointed by the arbitral tribunal .------ 2. The time limit for proceedings to determine the exact calendar date, an indication of the event, which must necessarily occur, or the period of time during which the action can be done .------ 3. Procedure for a period calculated in years, months or days begins on the day after the calendar date or event that will determine its origin .------ Article 97. End of procedural deadlines ------ 1. Term calculated in years shall expire in the corresponding month of the last year and the deadline. Term calculated in months shall expire on the corresponding day of the last month deadline. If the end of the term, calculated in months falls on the month, which corresponds to the number does not matter, the term shall expire on the last day of the month .------ In cases where the last day of the period falls on a non-working day, the deadline is the first next working day .------ 2. Remedial action can be taken up to twenty-four hours of the last day of the deadline. If the appeal, cassation complaints and other documents have been handed over the body due to twenty-four hours of the last day of the period, the period is not considered missing .------ Article 98. Suspension of procedural deadlines ------ With the suspension of the proceedings for all unexpired procedural deadlines suspended. From the date of resumption of the proceedings for procedural deadlines continues .------ Article 99. Rehabilitation and extension of procedural terms ------ 1. To a person involved in the case, the arbitral tribunal, recognizing the causes of admission established by this Code or other federal laws procedural term respectful, restores missed deadline .------ 2. On the reinstatement of the period specified in the decision or ruling of the arbitral tribunal. Refusal to restore the term imposed .------ definition 3. Determination of the arbitral tribunal to refuse reinstatement of a term may be appealed .------ 4. Appointed by the court of arbitration procedural deadlines may be extended to them .------ Chapter 13. Judicial fines ------ Article 100. Imposition of a fine imposed penalty ------ arbitration in cases and in the amounts provided in this Code and shall pay to the federal budget .------ Article 101. Procedure for consideration of the question of imposing a fine ------ 1. The question of imposing a fine allowed in the meeting of the arbitral tribunal .------ 2. The time and place of the meeting the person in respect of which addresses the issue of imposing a fine shall be notified by registered letter with acknowledgment of receipt. Absence of duly notified person is not an obstacle to the question of imposing a fine .------ 3. Upon review of the question of imposing a fine arbitral tribunal shall issue a ruling .------ 4. Determination of the arbitral tribunal to impose a fine may be appealed .------ Section II. Production in the arbitration court of the first instance ------ Chapter 14 Filing a claim ------ Article 102. Form and content of the statement of claim ------ 1. The statement of claim is served in the court of arbitration in writing. It shall be signed by the claimant or his representative .------ 2. The petition must include: .. 1) name of the arbitration court to which the application is submitted; .. 2) the name of the persons involved in the case, and their e-mail addresses; .. 3) the price of the claim if an action is to be evaluated; .. 4) the circumstances on which the claim is based; .. 5) evidence that grounds the claim; .. 6) exacted payment or disputed amount; .. 7) the plaintiff's claims with reference to the laws and other normative legal acts, and upon presentation of action against several defendants requirements for each of them; .. 8) information on compliance with pre-trial (the claim) procedure for dispute settlement with the defendant, when it is provided by federal law for this category of disputes or contract; .. 9) list of attached documents .--- --- The petition indicated, and other information, if they are necessary for the proper resolution of the dispute, as well as available to the plaintiff's petition .------ § 103. Communication of copies of the statement of claim and the documents attached thereto ------ The plaintiff when suing obliged to send to others involved in the case, a copy of the claim and the documents attached thereto, which they have no .------ Article 104. The documents attached to the statement of claim to the claim ------ application accompanied by documents confirming: .. 1) the payment of the state fee in the prescribed manner and amount; .. 2) copies of the direction of the claim and the documents attached thereto; .. 3) compliance with the pre-trial (the claim) procedure for dispute settlement with the defendant when it provided by federal law for this category of disputes or contract; .. 4) the circumstances upon which the claim .------ If the petition is signed by the claimant, the power of attorney, confirming its powers to sue .----- -K application for compulsion to conclude the agreement, the draft agreement .------ § 105. Connection and disconnection of several claims ------ 1. The plaintiff has the right to combine in a single lawsuit several requirements related to each other .------ 2. The arbitral tribunal may combine several homogeneous cases involving the same person in one production .------ 3. The arbitral tribunal shall have the right to designate one or more compounds of claims in separate proceedings .------ 4. Joinder and on the allocation of requirements in separate proceedings the arbitral tribunal shall issue a ruling .------ Article 106. The adoption of the statement of claim ------ 1. The adoption of the statement of claim the judge decides alone .------ 2. The judge is obliged to take to the production of the arbitration court petition filed in compliance with the requirements of this Code .------ 3. The adoption of the statement of claim the judge makes the determination. The content of this definition can be described in the definition of preparing the case for trial in the meeting .------ § 107. Refusal to accept the claim ------ 1. Judge refuses to accept the statement of claim: .. 1) If the dispute is not subject to arbitration; .. 2) if there is an inured taken on the dispute between the same parties on the same subject and for the same reasons the decision or determination the termination of the proceedings or the approval of a settlement agreement the court of general jurisdiction of the arbitral tribunal; .. 3) if in the court of general jurisdiction of the arbitral tribunal, the arbitral tribunal has a case on dispute between the same parties on the same subject and on the same grounds; .. 4) if there is an inured taken on the dispute between the same parties on the same subject and on the same grounds arbitration decision, except in cases where the arbitration court refused to issue a writ of execution to enforce the arbitral court remanded the case for a new trial in the court of arbitration, made the decision, but the proceedings in the same court of arbitration has not been possible .------ 2. Refusal to accept the claim the judge makes the determination is communicated to the persons involved in the case, not later than five days from the date of its receipt .------ By definition, to the claimant shall be appended claim papers .------ 3 . Determination to refuse to accept the claim can be appealed. In case of cancellation of determining the claim is considered filed on the day of the initial request to the tribunal .------ § 108. Return of claim 1 ------. Judge returns petition and attached documents: .. 1) if not complied with the form and content of the statement of claim, set out in Article 102 of this Code; .. 2) If a claim is not signed or signed by a person not entitled to sign it, or person, the officer whose position is not specified; .. 3) if do not have jurisdiction to this court of arbitration; .. 4) if not provided evidence directions to others involved in the case, copies of the statement of claim; .. 5) if not presented documents confirming the payment state fee in the established order and amount, and in cases where federal law provides for the possibility of deferral of payment of the state fee or reduce its size, there is no request to that effect or an application has been rejected; ..6) If the claimant fails to provide proof of compliance with pre-trial (the claim) procedure for dispute settlement with the defendant, when it is provided by federal law for this category of disputes or contract; .. 7) If a petition connected several requirements for one or more of the defendants, when these requirements are not related to each other; .. 8) if you do not provide evidence of treatment in a bank or other lending institution for obtaining debt from the defendant when she by law, other normative legal act or agreement must be obtained through a bank or other lending institution; ..9) if, prior to making a determination on the adoption of the statement of claim to the production of the plaintiff received an application for the return of the statement of claim 2 .------. On the return of the statement of claim the judge makes the determination .------ 3. Determination of the return of the claim can be appealed. In case of cancellation of determining the claim is considered filed on the day of the initial request to the tribunal .------ 4. Return of the statement of claim does not prevent secondary treatment in the arbitral tribunal in the general procedure after the elimination of the violations .------ § 109. Response to claim 1 ------. Person involved in the case, the arbitral tribunal shall be entitled to send a comment on the statement of claim with the documents confirming the objections to the claim, in time, provide revenues to the day of withdrawal of the case and the evidence references to other persons involved in the case, copies of reviews and documents they do not have .------ 2. The response shall include: .. 1) the name of the tribunal, which is sent to a review; .. 2) the name of the plaintiff and the case number; .. 3) in the case of rejection of claims motives total or partial rejection of the request of the plaintiff, with reference to the laws and other regulations legal acts, as well as evidence in support of the objection; .. 4) a list of documents annexed to review .------ The response can be specified other information, as well as available to the defendant petitions .------ 3. Reviewed signed by the person involved in the case, or his representative. Revocation, signed by the representative, the power of attorney, confirming its authority to conduct business .------ § 110. Filing a counterclaim ------ 1. The defendant has the right to decide on the case of the plaintiff to present a counterclaim for consideration in conjunction with the initial claim .------ 2. Presentation of the counterclaim made by the general rules suing .------ 3. Counterclaim accepted: .. 1) if the counter-claim is directed to offset the initial requirements; .. 2) If the satisfaction of the counterclaim excludes all or part satisfaction of the initial claim; .. 3) if between the counter and the initial claims there is a mutual relationship and their joint consideration will lead to a more rapid and proper consideration of the dispute .------ Article 111. change of address during the proceedings ------ Persons involved in the case, the arbitral tribunal must report a change of address during production case. In the absence of such communication, procedural documents are sent to the last known address of the arbitral tribunal and shall be deemed delivered, even if the addressee at that address is no longer or do not live .------ Chapter 15. Preparation of the case for trial ------ Article 112. actions of judge in preparing the case for trial ------ in preparing the case for trial judge performs the following: .. 1) consider the issue of bringing to the case of another defendant or a third party; .. 2) informs interested parties about the proceedings; .. 3) invites the persons involved in the case, other organizations, their officials to perform certain actions, including to submit documents and information relevant to the resolution of the dispute; .. 4) checks the relevance and admissibility of evidence; .. 5) call witnesses; .. 6) considering the appointment of expertise; .. 7) communicate to the other courts of arbitration court orders; .. 8) causes the persons involved in the case; .. 9) take measures to reconciliation parties; .. 10) decide on the leadership challenges of organizations involved in the case, to give explanations; .. 11) takes measures to ensure the claim .------ Judge commits and other actions aimed at ensuring proper and timely resolution dispute .------ § 113. Determination of preparing the case for trial ------ 1. On the preparation of the case for trial judge makes the determination that specifies the actions to prepare the case, assigning the case for trial, the time and place of the meeting .------ 2. Determination sent to the persons involved in the case, a registered letter with acknowledgment of receipt .------ Chapter 16. The trial ------ Article 114. Term of the proceedings ------ case should be examined and a decision taken within a period not exceeding two months from the date of receipt of the statement of claim in the court of Arbitration .------ Article 115. The seat of arbitration ------ 1. Hearing takes place in the meeting of the arbitral tribunal .------ 2. The judge presiding over the meeting: ------ opens the meeting of the arbitral tribunal and announce which case is subject to examination; ------ verify the presence of persons involved in the case and other participants in the arbitration process in meeting their authority, notified if properly persons who do not appear at the hearing, and what are the details of the reasons for their absence; ------ announce the composition of the court, according to those involved as an expert, translator, and explains to the persons involved in the case, their right to claim challenges; ------ explains to the persons participating in the case and other participants in the arbitral process their procedural rights and obligations; ------ interpreter warns about the responsibility for knowingly wrong translation, expert - for giving false conclusion or refusal to give an opinion, the witness - for perjury and refusal or evasion from testifying; ------ removes from the courtroom the witnesses present prior to their interview; ------ determines the conduct of business and research evidence; ------ presides over a meeting, providing clarification of the circumstances relevant to the case; ------ takes steps to ensure the proper order in the meeting .------ 3. Those present in the courtroom have the right to make written notes, transcripts and audio. Film and photography, video, and broadcast the hearing on the radio and television are allowed with the permission of the court seized of the case .------ Article 116. Procedure in the meeting of the arbitral tribunal ------ 1. At the entrance to the judges in the courtroom all those present in the hall stand. The decision of the arbitral tribunal all those in the courtroom a person standing listen .------ 2. Persons involved in the case and other participants in the arbitration process are turning to the arbitral tribunal standing and give their explanations and evidence standing. Exceptions to this rule may be allowed only with the permission of the presiding .------ 3. In case of violation of order during the meeting on behalf of the chairman of the arbitral tribunal makes a warning person has committed a breach .------ When repeated violation of the order of the person can be removed from the courtroom by order of the presiding .------ Article 117. examination of evidence and the continuity of the proceedings ------ 1. In proceedings before the arbitral tribunal examines evidence in the case: hear the explanations of the persons involved in the case, the testimony of witnesses, expert opinions, met with written evidence, examines the evidence .------ 2. Hearing is carried out at a constant composition of the court. If you are replacing one of the judges during the proceedings, it must be done from the beginning 3 .------. Proceedings in each case is continuous, except for the time designated for rest. In exceptional cases, the arbitral tribunal may adjourn the meeting for a term of not more than three days .------ 4. Before making a decision on the case or to deposit it to the arbitration court may not consider other matters .------ § 118. Resolution arbitral tribunal applications and petitions of persons participating in ------ 1. Applications and petitions of persons involved in the case, for the recovery of new evidence and all other matters relating to the proceedings of the case shall be settled by arbitration court, after hearing the views of others involved in the case .------ 2. Following the review of applications and petitions Arbitration Court shall issue a ruling .------ Article 119. Dispute Resolution failure to recall the statement of claim or additional evidence, and without the participation of the persons involved in the case ------ 1. Failure to submit a comment on the statement of claim or other evidence that the judge offered to provide persons involved in the case, is not an obstacle to an examination of the available materials it .------ 2. If you arrive later in the meeting of the arbitration court of the defendant, duly notified of the time and place of the proceedings, the dispute may be resolved in the absence of .------ 3. If you arrive later in the meeting of the Arbitration Court of the plaintiff, duly notified of the time and place of the proceedings, the dispute may be resolved in the absence of an application by the plaintiff of the proceedings in his absence .------ Article 120. Deposition consideration dela-- ---- 1. The arbitral tribunal shall have the right to defer consideration of the case when it can not be discussed in this meeting, including due to the absence of any of the persons involved in the case, witnesses, experts, interpreters, or the need to submit additional evidence .----- -About postpone consideration of the case a decision is made .------ 2. The time and place of the new meeting of the arbitral tribunal shall be informed participants in the arbitral process definition or other document to be sent with return receipt requested .------ 3. New hearing after his deposition begins again .------ Article 121. The settlement agreement the parties ------ 1. Reaching a settlement agreement executed by the parties in writing of .------ 2. Settlement agreement approved by the arbitral tribunal, as a decision is made, which indicates the termination of the proceedings .------ Article 122. End of the proceedings ------ After examining all the evidence, president of the court shall ask the parties, involved in the case, if they have any additional materials on the case. In the absence of such statements presiding officer shall declare the case study and complete the arbitral tribunal for decision removed .------ § 123. Minutes ------ 1. At the hearing, as well as specific legal proceedings outside the court session, a protocol .------ In the record of the hearing shall include: .. 1) year, month, date and place of the hearing; .. 2) the name of the court, considering the case, the composition of the court; .. 3) the name of the case; .. 4) information on the appearance of the persons involved in the case, and other participants in the arbitration process; .. 5) information about explanation to the persons involved in the case, and the other participants in the arbitration process their procedural rights and duties; .. 6) determinations made by the court without removal from the courtroom; .. 7) oral statements and petitions of the persons involved in the case; .. 8) the testimony of witnesses, oral explanations of their findings by experts .--- --- The protocol for specific legal action shall also indicate the data obtained .------ 2. The protocol is president of the court or a judge of another judge hearing the case .------ 3. Record of the hearing shall be signed by the judge presiding over the session, no later than the day after the meeting .------ Protocol on specific legal proceedings drawn up and signed by the judge immediately after the commission of the acts .------ 4. Participants of the arbitration proceedings shall have the right to get acquainted with the record of the hearing or proceeding and to submit comments regarding the completeness and correctness of its execution within three days after signing the protocol .------ 5. On the acceptance or rejection of the comments on the record the judge makes the determination .------ Chapter 17. The decision of the arbitral tribunal ------Article 124. The decision ------ 1. At a resolution of the dispute on the merits arbitral tribunal shall decide. The arbitration award shall be lawful and justified .------ Arbitration Court decision was based solely on the evidence that have been investigated in a meeting .------ 2. The decision is made in a private room after the proceedings before the court. During the decision-making in the room may be a judge, a part of the arbitral tribunal hearing the case .------ 3. When a peer review of the case by an arbitral tribunal shall be made by a majority vote .------ § 125. Issues resolved in deciding ------ 1. When deciding the arbitration court: ------ evaluates the evidence; ------ determines what the circumstances relevant to the case, installed and what is not established; ------ decides which laws and other regulatory legal acts referred to by persons involved in the case, should not be applied in this case; ------ determine which laws and other normative legal acts should be applied in this case; ------ establishes what rights and responsibilities of those involved in the case; ------ decides whether a claim satisfaction .------ 2. Arbitration Court, while recognizing the need for additional meetings examine the evidence or further clarification of the circumstances relevant to the case resumes hearing .------ Article 126. Statement ------ decision shall be made in writing to the presiding judge meeting or another judge of hearing the case, and signed by all the judges participating in the meeting .------ Article 127. Contents of the decision ------ 1. The arbitral tribunal shall decide the name of the Russian Federation .------ 2. The decision of the arbitral tribunal shall consist of introductory, descriptive motivation and conclusion parts .------ Introduction solutions must contain the name of the arbitral tribunal to make a decision of the court, the case number, date and place of the proceedings, the name of the persons involved in the case , the subject of the dispute, the names of those present at the meeting of persons indicating their powers .------ Descriptive part of the solution must contain a summary of the statement of claim, recall him, other explanations, applications and petitions of persons involved in the case .---- --In the reasoning of the decision shall specify the circumstances of the case established by the arbitral tribunal, the evidence on which the conclusions of the arbitral tribunal on the circumstances, and the arguments on which the arbitral tribunal rejects this or other evidence and apply the laws and other normative legal acts, relied on by persons participating in the case, as well as laws and other normative legal acts by which the court in deciding .------ The operative part of the decision must contain the conclusions of the approval or denial of the stated claims of each .-- ---- With the participation in multiple plaintiffs and defendants in the solution indicated as settle the dispute in respect of each of them .------ at full or partial satisfaction of the initial and counter-claims in the resolution of the decision indicates the amount to be collected in by offsetting .------ in the operative part of the decision indicated on the distribution between the persons involved in the case, court costs .------ 3. If the arbitral tribunal shall determine the order of execution of the decision or take measures to ensure its implementation, this shall be indicated in the decision .------ Article 128. The decision on the recovery of funds and awarding property ------ 1. When the claim for recovery of funds in the operative part of the decision, the arbitral tribunal shall state the total amount of recoverable amounts are subject to a separate determination of the principal debt, damages and penalties (fines, penalties) .------ 2. In awarding property specifies the name of the arbitral tribunal shall be transferred property, its value and location .------ Article 129. The decision on recognition unenforceable executive or other document ------ In the lawsuit on the dispute on the recognition is not enforceable executive or other document under which the recovery is performed on an uncontested (without acceptance) order, including on the basis of executive notary, in the operative part of the decision shall include the name, number and date of the document is not enforceable, and the amount is not to be written off. ------ Article 130. decision on the conclusion of the contract or amendment ------ according dispute arising at the conclusion of the contract or change in the operative part of the decision is specified for each disputed terms of the contract and the dispute about the compulsion to conclude the contract specifies the conditions under which the parties must enter into a contract .------ Article 131. The decision requiring the defendant to perform certain actions ------ When deciding obliging the defendant to perform certain actions that are not related to the transfer of property or the recovery of sums , the arbitral tribunal in the operative part of the decision indicates, who, where, when or over what period of time is required to perform these actions .------ The arbitral tribunal may, if necessary to point out that if the respondent fails to comply with the judgment, the claimant has the right to take appropriate action due to the recovery of the defendant with his necessary expenses .------ If these actions can only be committed by the defendant, the arbitral tribunal shall determine in the timeframe within which a decision must be enforced .------ Article 132. judgment to invalidate the act of a state body, local self-government and other authority ------ 1. In the case of invalidation of the act of public authority, local government and any other body in the operative part of the judgment shall contain: ------ information on the name, number, date of publication, and other necessary details and act on the body, it is published - ---- indication of declaring an act invalid in whole or in part, or to dismiss the applicant's claim in whole or in part .------ 2. In meeting the requirement to invalidate the refusal of registration or failure to register the arbitral tribunal in the operative part of the decision obliges the relevant public authority to make such registration .------ Article 133. The decision of the arbitral tribunal to establish the fact of legal significance --- --- at satisfaction court statements to establish the fact of legal significance, the decision should be stated established fact .------ The decision of the arbitral tribunal to establish the fact of legal significance, is the basis for registration of such fact or design rights that arise in connection with the established fact, relevant .------ Article 134. Announcement solutions ------ 1. Decision after its adoption is announced by the chairman at the same meeting, which considered the case. In exceptional cases, for particularly complex cases drawing up a reasoned decision can be delayed for a period of not more than three days, but the operative part of the decision is announced at the same meeting in which the hearing is over. At the same time the chairman announces when a person involved in the case, can get acquainted with a reasoned decision .------ declared part of the decision must be signed by all the judges and participate in the .------ 2. Chairman of the session explains the procedure for appealing the decision of the arbitral tribunal .------ § 135. Entry into force of the decision ------ 1. The arbitration award shall come into force at the end of one month after its adoption .------ Decisions of the Supreme Arbitration Court of the Russian Federation shall enter into force on the date of their adoption .------ In the case of an appeal decision if it not canceled, shall enter into force from the date of the judgment on appeal .------ 2. The arbitration award shall be enforced after its entry into force .------ 3. Shall be immediately enforceable decision to invalidate the acts of public authorities, local authorities and other agencies, as well as determining the approval of the settlement agreement .------ Article 136. Enforcement of decisions ------ Arbitration Court at the request of individuals involved in the case, take measures to ensure the execution of the decision according to the rules established by Chapter 7 of this Code Article 137. Direction .------ decision makers involved in the case ------ The arbitration award shall be sent to persons involved in the case registered letter with acknowledgment of receipt or handed them a receipt within five days from the date of acceptance .------ Article 138. The additional decision ------ 1. Accepted the decision of the arbitral tribunal shall further decision in the following cases: .. 1) If for any claim for which the person involved in the case, provided evidence has not been decided; .. 2) If the court to allow the question of law, not Telling the size of the award, subject to the transfer of property or action that is required to make the defendant; .. 3) if not resolved the issue of court costs .------ 2. The adoption of additional solutions can be delivered prior to the entry into force of the decision .------ 3. The adoption of an additional decision is allowed in the meeting. Persons involved in the case shall be notified of the time and place of the hearing by registered letter with acknowledgment of receipt. Absence of proper notification of the persons involved in the case, does not preclude consideration of .------ In case of refusal for an additional award decision is made .------ 4. Determination of the arbitral tribunal to refuse to accept an additional decision may be appealed .------ Article 139. Clarification solutions. Correction of misprints, typographical errors, arithmetical errors ------ 1. In case of ambiguity, the arbitral tribunal, to resolve the dispute, shall be entitled to a person involved in the case, to explain the decision, without changing its content, as well as to a person involved in the case, or on its own initiative to correct the admitted clerical, typographical or arithmetical errors, without affecting the substantive solutions .------ 2. On Explaining the decision and the correction of misprints, typos, or arithmetic errors decision is made .------ 3. The determination may be appealed .------ Chapter 18. Determination of the arbitral tribunal ------ Article 140. A determination and its contents ------ 1. The arbitral tribunal shall issue a ruling in a separate act of the deposition of the case, suspension, dismissal of the case, the abandonment of the claim without consideration, as well as in other cases stipulated by this Code .------ 2. In the determinations made in a separate act, must include: .. 1) name of the arbitration court, the case number, the date of the determination, the Court, the subject of the dispute; .. 2) the name of the persons involved in the case; .. 3) question on which a decision is made; .. 4) the grounds on which the arbitral tribunal came to his conclusions, with reference to the laws and other normative legal acts; .. 5) conclusion on the issue .------ 3. In proceedings before the court hearing the arbitral tribunal may make a determination without issuing a separate act on issues requiring resolution during the trial .------ Definition declared orally and recorded in the minutes of the hearing. The definition specifies an issue on which it is imposed, the reasons for which the court came to its conclusions, and the conclusion on the issue .------ Article 141. Private definition ------ 1. In case of dispute when considering violations of the laws and other normative legal acts in the organization, public authority, local authority or other authority, official or citizen of the arbitral tribunal may make a particular decision .------ 2. Self determination is sent to relevant organizations, public authorities, local authorities and other bodies, officials, citizens, who are obliged within one month to the arbitral tribunal on the measures taken .------ 3. Self determination may be appealed .------ Article 142. Direction determination ------ 1. In cases where the arbitral tribunal shall issue a ruling in a separate act, it is sent to the persons involved in the case, and other persons to whom it applies, within five days after the issuance or handed them a receipt .------ 2. Definitions in accordance with this Code may be appealed, sent to the persons involved in the case, and others to which they relate, by registered letter with acknowledgment of receipt .------ Features Chapter 19 proceedings on certain categories of del- ----- Article 143. Consideration of insolvency (bankruptcy) of the organizations and citizens ------ cases of insolvency (bankruptcy) of the organizations and citizens considered by the arbitral tribunal by the rules provided in this Code, with features statutory insolvency (bankruptcy) .------
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Будь-те первым, поделитесь мнением с остальными.
Будь-те первым, поделитесь мнением с остальными.