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ИЗ СЛОВАРЕЙ (80)


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

Article 144. Cases concerning establishment of facts of legal significance ------ 1. Statement of establishing the facts of legal significance, drawn up in accordance with the rules laid down in Article 102 of this Code .------ 2. Cases of establishing the facts of legal significance, are considered by arbitration in accordance with the procedure prescribed by this Code .------ Section III. Production to review the decisions ------ Chapter 20. Production on appeal ------ Article 145. The right of appeal to appeal ------ Persons involved in the case are entitled to lodge an appeal against the decision of the arbitral tribunal, not entered into force .------ Article 146. The arbitration court considering an appeal ------ appeal by the court of Appeals provides the arbitral tribunal that made the decision at first instance .------ Article 147 . The deadline for submitting an appeal ------ The appeal shall be filed within a month after the adoption of the arbitral tribunal .------ Article 148. The content of the appeal ------ 1. The appeal must include: .. 1) the name of the arbitral tribunal, which is addressed to the complaint; .. 2) the name of the person filing the complaint, and the persons involved in the case; .. 3) the name of the arbitral tribunal to make a decision on which is served complaint, the case number and date of decision, the subject of the dispute; .. 4) the requirements of the person filing the complaint, and the grounds on which the applicant considers the decision wrong, with reference to the laws, other regulations and case materials; .. 5) list annexed to the complaint documents .------ The appeal signed by the complainant or his representative .------ The complaint, signed by a representative, the power of attorney confirming his authority to appeal against judicial acts, if it has not previously was presented in the case .------ 2. The complaint attached proof of payment of the state fee and copies sent complaints to other persons involved in the case .------ Article 149. The direction of an appeal to the persons participating in ------ person filing the appeal, directs others involved in the case, a copy of the complaint and the documents attached thereto, which they have no .------ § 150. Response to appeal ------ 1. Person involved in the case, upon receipt of a copy of the appeal shall be entitled to provide feedback on it to the arbitral tribunal in time, provide revenues to the day of withdrawal on appeal, and the proof of sending copies of reviews of other persons involved in the case .------ 2. 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 .------ 3. Revocation may be accompanied by documents that have not been presented previously. In this case, to review the evidence attached directions to others involved in the case, copies of the documents, which are absent in these individuals .------ Article 151. Return of the appeal ------ 1. The appeal judge returns: .. 1) If the appeal is not signed or signed by a person not entitled to sign it, or by a person whose official status is not specified; .. 2) If the appeal is not accompanied by proof of sending her copies of the persons involved in the case; .. 3) if the appeal is not accompanied by proof of payment of the state fee in the prescribed manner and to the extent 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 either petition has been rejected; .. 4) If an appeal is filed after the deadline and does not contain a request for reinstatement of the period; .. 5) if, prior to determining the direction of the adoption of an appeal to the production of the persons involved in the case of the complainant, received a complaint about her return .------ 2. On the return of the appeal decision is made .------ 3. The determination of the return of the appeal may be filed a cassation appeal .------ 4. After elimination of the circumstances referred to in paragraphs 1, 2, 3, paragraph 1 of this Article, the complainant has the right to re-apply to the arbitration court with an appeal to the general procedure ------ Article 152. The ruling on admissibility of the appeal to the production ------ 1. The adoption of an appeal to the production of a judge shall issue a ruling .------ 2. The definition shall specify the time and place of the appeal .------ 3. Determination sent to the persons involved in the case, a registered letter with acknowledgment of receipt .------ Article 153. Procedure for consideration of the case on appeal ------ on appeal the case is reviewed by the rules of the arbitration proceedings with the Court of First Instance specifications provided by this chapter. In this case, the rules set only for the first instance, do not apply .------ Article 154. Refusal of the appeal ------ 1. The person who filed the appeal shall have the right to abandon it to the judgment .------ 2. The court may dismiss the rejection of the complaint on the grounds specified in paragraph 4 of Article 37 of this Code, and to consider the case on appeal .------ 3. When taking out of court complaint ceases production on appeal if the decision is not appealed by others .------ 4. About termination of proceedings on appeal arbitration court shall issue a ruling .------ Article 155. Limits of the case on appeal ------ 1. When considering the case on appeal to Court of Arbitration available in the evidence submitted, and further re-examine the case. Additional evidence accepted by the arbitral tribunal, unless the applicant can not be justified their submission to the court of first instance, for reasons beyond his control .------ 2. The Court is not bound by the arguments of the appeal, and check the validity of the decision in full .------ 3. In the appellate court had not accepted or considered the new requirements that have not been filed in the proceedings at first instance .------ Article 156. Term of consideration of the appeal ------ appeal against the decision of the arbitral tribunal considered within a month days from the date of its receipt by the arbitral tribunal .------ Article 157. Powers of appellate instance ------ Arbitration Court examined the case on appeal, the right: .. 1) the court's decision to leave unchanged and complaint without satisfaction; .. 2) annul the decision in whole or in part and make a new decision; .. 3) change the decision; .. 4) annul the decision in whole or in part and terminate the proceedings or leave the claim without consideration in whole or in part. ------ Article 158. Grounds for change or cancellation of the decision ------ 1. The grounds for modification or cancellation of the award are: .. 1) incomplete clarification of the circumstances relevant to the case; .. 2) failure to prove relevant to the case of circumstances that the arbitral tribunal considers it established; .. 3) non-compliance findings set out in the decision circumstances of the case; .. 4) violation or incorrect application of substantive law or procedural law .------ 2. Violation or incorrect application of procedural rules is grounds for modification or cancellation of the decision, that the violation has resulted in or could lead to wrong decisions .------ 3. Breach of procedural rules is in any case a ground for cancellation of the decision of the arbitration court of first instance: .. 1) In the case considered by the court in the illegal composition; .. 2) In the case considered by the court in the absence of any of the persons involved are not notified appropriate time and place of the meeting; .. 3) if the proceedings were violated rules of language; .. 4) If the court decided on the rights and obligations of persons not involved in the case. These persons have the right to appeal the decision in the manner prescribed by this Code; .. 5) If a solution is not signed by any of the judges or not signed by the judges, which are specified in the decision; .. 6) if the decision is made not by judges who were of the court hearing the case; .. 7) if the case is no record of the hearing or he has not been signed by the persons referred to in Article 123 of this Code Article 159. .------ court of appeal ruling ------ 1 . Upon review of the appeal makes a decision that is signed by all judges .------ 2. The decision must include: .. 1) the name of the arbitral tribunal, adopted a resolution, the case number and date of the decree of the court, to adopt a resolution, the names of persons present at the meeting with an indication of their powers, the date of the decision in the first instance and the names of the judges, he was received; .. 2) the name of the persons involved in the case, the name of the person who filed the appeal; .. 3) summary of the decision; .. 4) the grounds on which raised the question of verifying the legality and validity of the decision; .. 5) the arguments set out in its response to the appeal; .. 6) explanations of the persons who were present at the meeting; .. 7) the circumstances of the case established by the arbitral tribunal, the evidence on which the conclusions of the arbitral tribunal of the circumstances and reasons for which arbitration Court rejects certain evidence and apply the laws and other normative legal acts referred to by persons involved in the case, as well as laws and other normative legal acts by which the court in making the decision; .. 8) for cancellation or amendment decision of the court of first instance - the grounds on which the appeal court did not agree with the findings of the trial court; .. 9) the findings of the review of the appeal .------ The decree stated on the distribution between the parties legal costs .--- --- 3. The decision comes into force from the date of its adoption .------ 4. Resolution sent to the persons involved in the case, a registered letter with acknowledgment of receipt or handed them a receipt within five days from the date of acceptance .------ 5. The judgment may be appealed .------ Article 160. Appeals from the determination of the arbitral tribunal ------ 1. The arbitration court can be appealed in the cases provided for in this Code .------ 2. Appeals from the determination of the arbitral tribunal dealt with in the manner provided for the consideration of appeals against decisions of the court .------ 3. In case of cancellation of the arbitral tribunal on appeal determinations on refusal to accept the statement of claim for the return of the statement of claim, to suspend the proceedings, dismissal of the case, the abandonment of the claim without consideration of the case is referred to the Court of First Instance .------ Chapter 21 shall come into force as education federal arbitration courts counties, but not later than 1 January 1996 - federal Law of 05.05.95 № 71-FZ. ------ Chapter 21. Production of cassation ------ Article 161. Right of cassation ------ Persons involved in the case are entitled to lodge an appeal against the decision of the arbitral tribunal, which came into force and the appeal court ruling .------ Article 162. arbitration courts to verify the legality of decisions on appeal ------ federal arbitration courts of districts check the legality of decisions and resolutions adopted by the arbitration courts of the Russian Federation in the first and appeal instances .------ Article 163. The procedure for filing the appeal ------ 1. Cassation complaint filed with the Federal Arbitration Court of the District with jurisdiction to consider it through arbitration court that made the decision .------ 2. The arbitral tribunal that made the decision, is obliged to file a complaint with the matter to the appropriate federal district court of arbitration within five days from the date of its receipt .------Article 164. The deadline for appeal ------ cassation appeal may be filed within one month after the entry into force of the decision of the arbitral tribunal or .------ Article 165. The content of the appeal ----- -1. In the appeal must include: .. 1) the name of the arbitral tribunal, which is addressed to the complaint; .. 2) the name of the person filing the complaint, and the persons involved in the case; .. 3) name of the arbitration court decision or ruling on whom the complaint, the case number and date of decision, decision, the matter in dispute; .. 4) the requirements of the complainant, and an indication of what is violation or incorrect application of substantive law or procedural law; .. 5) list of documents attached to the complaint .------ Link to appeal for failure to prove the facts of the case or the discrepancy outlined in the decision or order of conclusions about the actual relationship between the persons involved in the circumstances of the case are not allowed .------ cassation complaint signed by the complainant or his representative .------ The complaint, signed by a representative, the power of attorney confirming his authority to appeal against judicial acts, if it had not been presented in this case .------ 2. The complaint attached proof of payment of the state fee and copies sent complaints to other persons involved in the case .------ § 166. Communication of copies of the appeal to the persons participating in ------ A person who filed a cassation complaint, communicate to the other parties involved in the case, a copy of the complaint and the documents attached thereto, which are absent in them .------ Article 167. Reviewed on cassation ------ 1. Person involved in the case, upon receipt of a copy of the appeal shall be entitled to provide feedback on it to the arbitral tribunal in time, provide revenues to the day of revocation hearing of the appeal, and documents confirming sending copies of reviews of other persons involved in the case .------ 2. 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 .------ Article 168. Return of appeal ------ 1. Cassation appeal returns: .. 1) If the cassation appeal is not signed or signed by a person not entitled to sign it, or by a person whose official status is not specified; .. 2) if the complaint is directed, avoiding arbitration court that made the decision; 3 .. ) if the appeal is not accompanied by proof of sending her copies of the persons involved in the case; .. 4) if the appeal is not accompanied by proof of payment of the state fee in the prescribed manner and to the extent and in cases where federal law calls for deferred installment payment of the state fee or reduce its size, there is no request to that effect or an application has been rejected; .. 5) If the cassation complaint is filed after the deadline and does not contain a request for reinstatement of the period; .. 6) If the cassation complaint does not contain any indication , what is the violation or incorrect application of substantive law or procedural law; .. 7) before being sent if the persons involved in the case, determining the adoption of the appeal to the production of the complainant, received a complaint about her return .-- ---- cassation returns on the grounds provided for in paragraphs 1, 3, 4, 5, 6 of this Part, a judge of the court of first instance, on the grounds provided for in paragraph 2 of this Part, a judge of the court of cassation, and on the grounds provided in paragraph 7 of this Part, the judges of courts of first or cassation instance, depending on whether, in what court was dealing with a complaint at the time of receipt of the application for her return .------ If the grounds on which the complaint is returned, found in the court of cassation return produces a judge of this court .------ 2. On the return of the appeal decision is made .------ 3. Determination of the return of the appeal may be appealed to the court of cassation .------ 4. After elimination of the circumstances referred to in paragraphs 1, 2, 3, 4, 6, paragraph 1 of this Article, the complainant has the right to re-apply to the arbitration court of cassation complaint to the general procedure .------ § 169. Determination of decision appeal to manufacture ------ 1. The adoption of the appeal to the production of a judge shall issue a ruling .------ 2. The definition shall specify the time and place of hearing of the appeal .------ 3. Determination sent to the persons involved in the case, a registered letter with acknowledgment of receipt .------ Article 170. Suspension of execution of the judgment, decree ------ Arbitration appeal court may, at the request of the parties involved in the case, suspend the execution of decisions, decisions taken in the first instance and appeal .------ Article 171. Procedure for consideration of the case on appeal in cassation instance ------ case is being considered by the rules of the proceedings the arbitral tribunal of first instance with the specifications set out in this head. In this case, the rules set only for the first instance, do not apply .------ Article 172. Failure to appeal ------ 1. The person who filed an appeal shall have the right to abandon it to the judgment .------ 2. The court may dismiss the rejection of the complaint on the grounds specified in paragraph 4 of Article 37 of this Code, and to consider the case on appeal .------ 3. When making a rejection of the appeal tribunal shall terminate the proceedings on appeal, if the decision, the decision is not appealed to other persons involved in the case .------ 4. About termination of proceedings on appeal arbitration court shall issue a ruling .------ Article 173. Term of appeal ------ appeal against the decision of the arbitral tribunal and the appeal court ruling is seen within one month from the date of its receipt together with matter to the Federal Arbitration court of the District .------ Article 174. limits of the case on appeal ------ in proceedings before the court of cassation court of arbitration verify correct application of the substantive law and procedural law and arbitration court of first appellate courts .------ Article 175. Powers of the court of cassation ------ Federal Arbitration court of the District, having considered the matter, the right: .. 1) leave the decision of the first instance or the appeal court ruling unchanged, and the appeal ; .. 2) cancel the decision of the first instance or the appeal court ruling in whole or in part and make a new decision; .. 3) cancel the decision of the first instance and the appeal court ruling and send the case for retrial to the authority of the arbitral tribunal, the decision or order which is canceled if the decision or the decision not sufficiently substantiated; .. 4) alter the decision of the first instance or the appeal court ruling; .. 5) to cancel the decision of the first instance or the appeal court ruling in whole or in part and terminate the proceedings or leave the claim without consideration in whole or in in part; .. 6) to uphold one of the earlier decisions or rulings .------ Article 176. Grounds for change or cancellation of the decision ------ 1. The grounds for modification or cancellation of the decision or the decision of the arbitral tribunal Violation or incorrect application of substantive law or procedural law .------ 2. Violation or incorrect application of procedural rules is grounds for a change or cancellation of the decision or judgment that the violation has resulted in or could lead to wrong decisions .------ 3. Breach of procedural rules is grounds for cancellation of the decision or judgment: .. 1) if the case was considered by the arbitral tribunal in the illegal composition; .. 2) If the case has been examined by the arbitral tribunal in the absence of any of the parties to a case are not properly notified of the time and place of the meeting; .. 3) if the proceedings had violated the rules of the language; .. 4) If the decision or order is not a reference to a law or other regulatory legal act, which was guided by the arbitral tribunal in the decision or action; .. 5) if the tribunal took a decision or order of the rights and obligations of persons not involved in the case. These persons have the right to appeal the decision or order in the manner prescribed by this Code; .. 6) if the decision or order is not signed by any of the judges or not signed by the judges, which are indicated in the decision or order; .. 7) if the decision is made not those judges who were part of the court seized of the case; .. 8) if the case is no record of the hearing or he has not been signed by the persons referred to in Article 123 of this Code Article 177. Resolution .------ cassation instantsii- ----- 1. Upon review of the appeal makes a decision that is signed by all judges .------ 2. The decision must include: .. 1) the name of the arbitral tribunal, adopted a resolution, the case number and date of the decree of the court, to adopt a resolution, the names of persons present at the meeting with an indication of their powers; .. 2) the name of the person who filed a cassation complaint and persons involved in the case; .. 3) name of the arbitration court that has considered the case in the first instance and appeal, the case number, the date of the decision, ruling, names of the judges who took them; .. 4) summary of decision-making, decisions ; .. 5) the grounds on which raised the question of verifying the legitimacy of decisions, resolutions; .. 6) the arguments set out in response to the cassation complaint; .. 7) explanations of the persons who were present at the meeting; .. 8) the grounds on which the arbitral tribunal to apply laws and other normative legal acts referred to by persons involved in the case, as well as laws and other normative legal acts by which the court in making the decision; .. 9) for the cancellation or amendment of the decision of the first instance, the Court of Appeal resort grounds on which the appeal court did not agree with the findings of the trial or appeal; .. 10) the findings of the hearing of the appeal; .. 11) actions that must be performed by persons involved in the case, and the arbitral tribunal, if the case is referred for a new trial .------ The decree stated on the distribution between the persons involved in the case, court costs .------ 3. Resolution sent to the persons involved in the case, a registered letter with acknowledgment of receipt or handed them a receipt within five days from the date of acceptance .------ 4. The decision comes into force from the date of its adoption and is not appealable .------ Article 178 is required to specify the cassation instance ------ 1. Notes Arbitration Court seized of the case on appeal, as set out in the decree are mandatory for the court hearing the case again .------ 2. Arbitration court hearing the case on appeal, no right to prejudge the question of validity or invalidity of a proof of the superiority of one over the other evidence, that some of the substantive law to be applied and a decision should be made in the new proceedings. ------ Article 179. The appeal against the determination of the arbitral tribunal ------ 1. The arbitration court may be appealed in cassation in cases stipulated by this Code .------ 2. Appeals to the arbitration court dealt with in the manner provided for the consideration of appeals against the decisions and judgments .------ Chapter 22. Production in the order of supervision ------ Article 180. Review of decisions and rulings of arbitration courts in order of supervision ------ entered into force decisions and rulings of arbitration courts in the Russian Federation may be reviewed in order of supervision over the protests of officials referred to in Article 181 of this Code, except for the decisions of the Presidium of the Supreme Arbitration Court of the Russian Federatsii.- -----Article 181. Persons entitled to lodge protests ------ entitled to bring: ------ Chairman of the Supreme Arbitration Court of the Russian Federation and the Prosecutor General of the Russian Federation on the decisions and rulings of any court of arbitration in the Russian Federation, with the exception of decisions Presidium of the Supreme Arbitration Court of the Russian Federation; ------ Deputy Chairman of the Supreme Arbitration Court of the Russian Federation and the Deputy Prosecutor General of the Russian Federation on the decisions and rulings of any court of arbitration in the Russian Federation, with the exception of decisions and judgments of the Supreme Arbitration Court of the Russian Federation .-- ---- Article 182. Suspension of execution of the judgment, decree ------ Chairman of the Supreme Arbitration court of the Russian Federation and his deputy may suspend the execution of the relevant decisions, decisions .------ Article 183. Arbitration court Hearing on supervisory protest ------ Presidium of the Supreme Arbitration Court of the Russian Federation considers cases on the supervisory review the decisions and rulings of arbitration courts in the Russian Federation .------ Article 184. Claiming Affairs ----- -Dolzhnostnye persons listed in Article 181 of this Code, shall have the right to demand from the corresponding arbitration court case to resolve the question whether there are grounds for lodging an application for supervisory review .------ Article 185. lodging ------ 1. If there are grounds for lodging, including in connection with the application of the person involved in the case, the official referred to in Article 181 of this Code, shall file an appeal and send it together with the case of the Presidium of the Supreme Arbitration Court of the Russian Federation. Statement of a protest on entered into force decision, the decision of the arbitral tribunal may be filed after the proceedings in the appellate or cassation. There were no grounds for a protest shall inform the person who applied .------ 2. Copies of protest sent to the persons involved in the case .------ 3. Officer brought the supervisory protest may withdraw it before the hearing. To revoke the protest shall be notified persons involved in .------ Article 186. Procedure for consideration of the protest ------ 1. In considering the protest Presidium of the Supreme Arbitration Court of the Russian Federation shall hear the report of Judge of the Supreme Arbitration Court of the Russian Federation on the circumstances of the case and the arguments of protest .------ 2. To give explanations to the Presidium meeting may be caused by a person involved in the case. In this case they are sent notice of the time and place of the meeting of the Presidium. Their absence does not preclude consideration of the case .------ Article 187. The powers of the Presidium of the Supreme Arbitration Court of the Russian Federation to review the cases by way of supervision ------ 1. The Presidium of the Supreme Arbitration Court of the Russian Federation examined the case in order of supervision, the right: .. 1) leave the decision, the decision of the arbitral tribunal unchanged, and the appeal without satisfaction; .. 2) cancel the decision, ruling, in whole or in part, and remand the case for a new consideration; .. 3) modify or reverse the decision, and the decision to adopt a new decision without referring the matter for a new trial; .. 4) to cancel the decision, ruling, in whole or in part and terminate the proceedings or leave the claim without consideration in whole or in part ; .. 5) to uphold one of the previously adopted in the case of decisions or orders .------ 2. Upon review of the case by way of supervision shall be made, which is sent to the persons involved in the case, within five days from the date of its issuance by registered letter with acknowledgment of receipt .------ Article 188. Grounds for change or cancellation of the decision, postanovleniya- ----- grounds for modification or cancellation of the decision, the decision in the order of supervision is unlawful or unfounded court decision .------ can not be canceled correct decision on the merits, the decision of the arbitral tribunal on formal grounds alone .--- --- Article 189. adoption of the decision ------ 1. The Presidium of the Supreme Arbitration Court of the Russian Federation passed a resolution. Resolution is considered adopted if a majority of the total number of members present Presidium .------ 2. Resolution of the Presidium signed by the Chairman of the Supreme Arbitration Court of the Russian Federation .------ 3. Resolution of the Presidium shall enter into force upon its adoption c .------ Article 190 is required to specify the arbitration court seized of the case by way of supervision ------ 1. Notes Arbitration Court seized of the case by way of supervision as set out in the decision to cancel the decision, decisions are binding on the tribunal, once again considering the case .------ 2. Arbitration court hearing the case in order of supervision, may not establish or consider proved the circumstances that have not been established in the decision, ruling or reject them, prejudice to the validity or invalidity of a proof, some evidence of superiority over others, about what the substantive law to be applied and what decision, the decision should be taken at new trial .------ Article 191. Protest and the supervisory review of an arbitration courts ------ 1. Definitions of arbitration courts, have entered into force, may be challenged and supervisory review separately from the decision in cases where this Code provides for their appeal, as well as when they prevent further movement of the case .------ 2. Protests at the arbitration court addressed in the manner provided for consideration of protests against decisions and court rulings .------ Chapter 23. Revision of newly discovered facts of judicial decisions of the arbitral tribunal, entered into force ------ Article 192 . Grounds ------ 1 review. The arbitral tribunal may reconsider on newly discovered evidence taken by it entered into force a judicial act .------ 2. The grounds for the review of newly discovered facts of a judicial act are: .. 1) essential for business circumstances that were not and could not be known to the applicant; .. 2) the entry into force of a judgment false witness knowingly false expert opinion knowingly incorrect translation, false documents or physical evidence that led to the adoption of unlawful or unwarranted judicial act; .. 3) the entry into force of a judgment criminal actions of persons involved in the case, or their representatives, or criminal acts of judges committed in consideration of the case; .. 4) cancellation of the judicial act of the arbitral tribunal, the decisions the verdict or decision of another body which was the basis for this decision .------ Article 193 procedure and deadline for applications ------ 1. An application for review of newly discovered facts that came into force a judicial act may be submitted to the arbitration court which passed the legislation, persons involved in the case, not later than one month from the date of opening of the circumstances giving rise to the revision of the judicial act .---- --2. The applicant is obliged to send to others involved in the case, copies of his application and the documents attached thereto, which they have no .------ attached to the application documents confirming the direction of copy of the application to other persons involved in the case .---- --3. When applying after the deadline and no application for reinstatement of the period or at the direction of providing evidence of copies of the application and attached documents to other persons involved in the case, it is returned to the applicant by the judge .------ 4. On the return of the application decision is made .------ 5. The determination may be appealed .------ Article 194. Arbitration courts, revise the newly discovered circumstances judicial acts which entered into force ------ 1. Become enforceable judgment, decision, taken in the first instance, be reviewed by the arbitral tribunal to make these decisions, the definition .------ 2. Revision of newly discovered facts regulations and definitions of appeal, appellate or supervisory instance, that changed the judicial act or adopted a new judicial act, made to the authority of the arbitral tribunal, which changed the judicial act or adopted a new judicial act .------ Article 195. Consideration of an application for revision ------ Statement on newly discovered evidence of an enforceable court decision the arbitral tribunal shall in the meeting within one month from the date of its receipt. The applicant and other persons involved in the case shall be notified by registered letter with acknowledgment of receipt of the time and place of the hearing, but their absence is not an obstacle to consideration of the application .------ Article 196. Determination of the arbitral tribunal for reconsideration --- --- 1. Arbitration Court, having considered the application for review on newly discovered evidence of an enforceable court decision satisfies the application and cancel the judicial act or refuses to revise .------ 2. Determination of the arbitral tribunal to dismiss the application for revision on newly discovered evidence of a judicial act may be appealed .------ 3. In case of cancellation of the judicial act by the arbitral tribunal considered the case according to the rules established by this Code .------ Section IV. Enforcement of judgments ------ Article 197. The order of execution of judicial acts ------ Judicial acts which entered into force shall be executed by all state bodies, local authorities and other bodies, organizations, officials and citizens throughout territory of the Russian Federation in the manner prescribed by this Code and the federal law .------ Article 198. The writ of execution ------ 1. Enforcement of judicial decision is made on the basis of a writ of execution issued by the arbitral tribunal accepted this act .------ 2. A writ of execution issued by the claimant after the entry of a judicial act in force. A writ of execution to collect funds to the budget sent to the tax authority at the location of the debtor .------ 3. A writ of execution to recover funds sent by the collector to the bank or other lending institution, but in other cases - the bailiff .------ Article 199. Issuance of one judicial act several writs ------ If the judicial act adopted in favor of several plaintiffs or against several defendants or if the execution should be carried out in different places, issued writs of execution, indicating that part of the judicial act, which is subject to execution on the writ of execution .------ Article 200. Contents of the writ --- --- 1. In the writ must include: .. 1) name of the arbitration court issued a writ of execution; .. 2) the case in which the writ is issued, and its number; .. 3) the date of the judicial act to be executed; .. 4 ) the name of the creditor and debtor, their addresses; .. 5) the operative part of the judicial act; .. 6) the date of entry of the judicial act into legal force; .. 7) the date of issuance of the writ and its validity .------ If prior to the issuance of the writ by the arbitral tribunal granted a deferral or installment enforcement of the judgment, it indicates at what time begins during the term of the writ of execution .------ 2. Writ signed by the judge and certified by the official stamp of the arbitral tribunal .-----Article 201. The deadline for filing a writ of execution to execution ------ 1. The writ of execution may be brought to the execution not later than six months from the date of the judicial act into legal force or the end of the period established under deferral or installment of its execution, or from the date of the determination, the restoration of the missed deadline for filing a writ of execution to execution .--- --- 2. If the execution of the act has been suspended, the time at which it is suspended shall not be counted in the six-month period for filing a writ of execution to execution .------ Article 202. Break the deadline for filing a writ of execution to execution ---- --1. The limitation period is interrupted by the presentation of execution writ of execution to execution, partial execution of the act .------ 2. In the case of the return of the writ to the claimant in connection with the impossibility of its execution a new term for filing a writ of execution to execution begins from the day of his return .------ Article 203. Renewal of the period for filing a writ of execution to execution ------ 1. When you pass the deadline for submission of a writ of execution to execution for reasons deemed valid by a court of arbitration, the missed deadline can be restored .------ 2. Request for restoration of the missed deadline is supplied to the arbitral tribunal which made the judicial act. Application will be considered at the meeting of the arbitral tribunal to notice the creditor and the debtor by registered letter with acknowledgment of receipt, but their absence is not an obstacle to consideration of the application .------ 3. According to the results of the application makes the determination that the claimant and the debtor is sent .------ 4. The determination may be appealed .------ Article 204. Duplicate the writ ------ 1. In case of loss of the writ arbitral tribunal accepted the judicial act, at the request of the creditor may issue a duplicate. Applications may be submitted until the deadline for the submission of a writ of execution to execution. It is considered in the meeting of the arbitral tribunal with the notice of the debtor and the creditor by registered letter with acknowledgment of receipt, but their absence is not an obstacle to consideration of the application .------ 2. According to the results of the application makes the determination that the claimant and the debtor is sent .------ 3. The determination may be appealed .------ Article 205. Deferral or installments enforcement of the judgment, the change in the method and procedure of its execution ------ 1. Arbitration Court at the request of the creditor, the debtor or the bailiff has the right to defer repayment by installments or execution of the act, to change the method and order of its execution .------ providing debtor deferral or installment plan execution, the arbitral tribunal may take measures to ensure the enforcement of the judgment in the manner provided for in Chapter 7 of this Code .------ Questions for deferment or an installment enforcement of the judgment, to change the method and procedure of its implementation are discussed in a meeting of the arbitral tribunal to notice the creditor and the debtor by registered letter with acknowledgment of receipt .--- --- 2. According to the results of the application makes the determination that the claimant and the debtor is sent .------ 3. The determination may be appealed .------ Article 206. Responsibility for the non-enforcement of the act ------ 1. For non-performance of a judicial act of the arbitral tribunal for the recovery of funds by a bank or other lending institution, which brought a writ of execution, it is imposed by the arbitral tribunal fine of up to 50 percent of the amount to be recovered .------ 2. Repeated failure to perform judicial acts of arbitration courts of banks or other lending institutions is the basis for revocation of the license to conduct banking transactions .------ 3. For failure to perform specified in the writ by a person entrusted with the performance of these actions on the person subject to a fine of up to 200 statutory minimum wage .------ 4. Payment of the penalty does not exempt from the obligation to comply with a judicial act .------ Article 207. The order of foreclosure on the debtor's property ------ If the debtor has no sufficient funds for enforcement of the judgment of the arbitral tribunal, execution may be levied on the property owned by the debtor in the manner prescribed by federal law .------ Article 208. Turn enforcement of the judgment ------ 1. If enforcement of the act amended or repealed and a new judicial act on full or partial denial of the claim, or the proceedings were terminated or abandoned the claim without consideration, the defendant returned everything that was recovered from him in favor of the plaintiff on or repealed Changes in the relevant part of the judicial act .------ 2. Unless enforcement of the act repealed or modified and adopted a new judicial act on full or partial denial of the claim, or the proceedings were terminated or abandoned the claim without consideration in whole or in part, the arbitral tribunal shall take judicial act on full or partial termination of foreclosure repealed or amended by the relevant part of the judicial act .------ Article 209. The resolution of the question of turning the enforcement of the judgment ------ 1. The question of turning the enforcement of the judgment allowed the arbitral tribunal, which adopted a new judicial act .------ If the decision to cancel or change a judicial act is no indication of the rotation on its execution, the defendant has the right to submit an application to the arbitration court of first instance. According to the results of the application of the defendant's turn enforcement of the judgment decision is made .------ 2. The arbitral tribunal shall issue a writ of execution to return collected cash, property or its value at the request of the organization, citizen. The application shall be accompanied by proof of execution before the judicial act .------ Section V. Proceedings involving foreign persons ------ Article 210. Procedural rights of foreign persons ------ 1. Foreign organizations, international organizations and engaged in entrepreneurial activity, foreign nationals and stateless persons (hereinafter - foreign persons) have the right to apply to the arbitration courts in the Russian Federation to protect its violated or disputed rights and legitimate interests .------ 2. Foreign persons shall enjoy the procedural rights and fulfill procedural obligations on a par with the organizations and citizens of the Russian Federation .------ 3. Government of the Russian Federation may establish reciprocal restrictions on foreign persons of those states in which the courts allowed special limitations of procedural rights organizations and citizens of the Russian Federation .------ Article 211 proceedings in cases involving foreign parties ----- -Sudoproizvodstvo in arbitration courts in cases involving foreign persons, in accordance with this Code and other federal laws .------ Article 212. The competence of arbitration courts in the Russian Federation in cases involving foreign persons ---- --1. Arbitration courts in the Russian Federation shall consider cases involving foreign parties, if the defendant is located, and the citizen has a residence in the territory of the Russian Federation .------ 2. Arbitration courts in the Russian Federation may also hear cases involving foreign parties: .. 1) if the branch or representative office of a foreign entity located in the territory of the Russian Federation; .. 2) If the defendant has property in the territory of the Russian Federation; .. 3) if the claim follows of the contract under which the execution should take place or has taken place on the territory of the Russian Federation; .. 4) If in the case of compensation for damage caused to property, action or other circumstances giving rise to a claim for compensation for damage occurred in the territory of the Russian Federation .. 5) if the claim follows from the unjust enrichment took place on the territory of the Russian Federation; .. 6) If in the case of protection of honor, dignity and business reputation of the plaintiff is in the Russian Federation; .. 7) if there is an agreement on this between an organization or a citizen of the Russian Federation and foreign person .------ 3. Cases relating to the recognition of the right of ownership of buildings, land, seizure of buildings, land from illegal possession, with the elimination of violations of the rights of the owner or the rightful owner, if it is not associated with deprivation of possession, considered the location of the building, construction, land plot .------ 4. Matters brought to the carrier under the contract of carriage, including when the carrier is one of the respondents considered the location of the body transport .------ 5. The point taken by the arbitral tribunal to review compliance with the rules stipulated in this Article, is permitted on the merits, at least in the proceedings in connection with a change in the location of the persons involved in the case or other circumstances it became the jurisdiction of the court of another state .--- --- Article 213. Judicial immunity ------ 1. Presentation of the arbitral tribunal claim against a foreign state, bringing him in as a third party to participate in the case, the seizure of property belonging to a foreign State and situated in the territory of the Russian Federation, and the adoption in relation to it other measures to ensure the claim, foreclosure on this property is in the order of enforcement of the decision of the arbitral tribunal shall be permitted only with the consent of the competent authorities of the State, unless otherwise provided by federal laws or international treaties of the Russian Federation .------ 2. Judicial immunity of international organizations is determined by federal laws and international treaties of the Russian Federation .------ Article 214. Procedural consequences of adjudication of the case of a foreign country in a dispute between the same parties on the same subject and on the same grounds ----- -Arbitrazhny court leaves the claim without consideration or terminate the proceedings if the competent foreign court, to take the case before the claim to the Arbitration Court of the Russian Federation considers the case in a dispute between the same parties on the same subject and on the same grounds, or in this case took the decision, which came into force .------ These effects do not occur, or if the future made by the court of a foreign state shall not be recognized or enforceable in the territory of the Russian Federation or the case is handled within the exclusive competence of the arbitral tribunal in the Russian Federation .------ Article 215. Letters rogatory ------ 1. The arbitral tribunal referred to it performs in the manner prescribed by federal laws or international treaties of the Russian Federation, orders of foreign courts on the implementation of certain proceedings (service of writs and other documents to obtain written evidence, manufacturing expertise, on-site inspection, etc.) .--- --- 2. Order is not enforceable: .. 1) If the execution of the order is contrary to the sovereignty of the Russian Federation or threatens the security of the Russian Federation; .. 2) If the execution of the order does not fall within the competence of the arbitral tribunal .------ 3. Pursuant to an arbitration court orders the implementation of certain proceedings is made in the manner prescribed by this Code, unless otherwise stipulated by international treaties of the Russian Federation .------ 4. Arbitration courts may apply in the prescribed manner to the courts of foreign countries with the instructions on the implementation of certain proceedings .------

Russian President Boris Yeltsin
The Kremlin, Moscow. May 5, 1995. Number 70-FZ
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