On Introducing Changes And Additions Into The Law Of The Rsfsr "on Arbitration Courts"

Original Language Title: О внесении изменений и дополнений в Закон РСФСР "Об арбитражном суде"

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A A C A About On Amendments and Additions to the Law of the RSFSR "On Arbitration Court" In connection with adoption Russian Federation Arbitration Code of the RSFSR "The Court of Arbitration" (Statements of Congress of People's Deputies of the RSFSR and the Supreme Soviet of the Russian Federation) RSFSR, 1991, N 30, sect. 1013) the following changes and additions: Article 1. Article 1 should read as follows: " Article 1. General provisions The arbitral tribunal shall exercise judicial power in the settlement of disputes arising out of civil legal relations (economic disputes) and from legal relations in the sphere of administration (management disputes). The Arbitration Court resolves disputes between enterprises, institutions, organizations (including collective centres), legal entities (hereinafter referred to as organizations), and citizens who do business without education A legal person who has the status of an entrepreneor who is acquired in accordance with the procedure established by law (hereinafter-citizens-entrepreneurs). " In the cases prescribed by the laws of the Russian Federation, the arbitral tribunal shall settle disputes involving public authorities and administration, as well as organizations other than legal entities. Arbitration Court allows disputes involving organizations with foreign investments, organizations and citizens-entrepreneurs who are located in the territory of another State, in the cases provided for by this Law and the Arbitral Tribunal. OF THE PRESIDENT OF THE RUSSIAN FEDERATION In article 2, the words "Act of the RSFSR" On the procedure for arbitration "shall be replaced by the words" The Code of Arbitration of the Russian Federation ". Article 3. Article 4 should read as follows: " Article 4. The basic principles for the operation of the arbitral tribunal are the collegiality of dispute settlement, the independence of the arbitral tribunal and its judges, and their subordination to the law, equality of the parties, Openness of dispute resolution, legality and validity of decision. ". Article 4. Article 5 should read as follows: " Article 5. The jurisdiction of the Arbitration Court of the Arbitration Court of the Arbitration Court of the Arbitration Court of Economic Disputes between the organizations and citizens of the Russian Federation Ministerial ownership and authority of the parties and the amount of claims arising from: with the conclusion of contracts in cases where there is an agreement between the parties on the transfer of an existing or potential dispute to arbitrate or if such transfers are provided for by the legislative by acts; with a change of conditions or avoidance of contracts; with default or improper performance of obligations; with recognition of ownership; with extermination or legal possession Owners of property from unlawful possession; , with a violation of owner's or legitimate owner's rights not related to dispossession; otherwise. The Arbitration Court of Disputes between Organizations, Citizens-Entrepreneurs, when one of the parties is in the territory of another State, if provided for by an inter-State agreement, international treaty or The agreement of the parties. The Arbitration Court is also subordinate to disputes of organizations with foreign investments, if provided for by an inter-State agreement or agreement of the parties. ". Article 5. Article 6 should read as follows: " Article 6. The jurisdiction of the Arbitration Court in the scope of the Arbitration Court of the Arbitration Court of Disputes arising in the sphere of administration, in particular: on the annulment of acts (in whole or in part) State and other bodies (addressed to specific individuals or groups), including decisions of the Councils of People's Deputies and Administrations that are not in conformity with the law and in violation of the rights and interests of organizations protected by law; and Businessmen; for damages caused by the to organizations and citizens-entrepreneurs in such acts, as well as to the improper performance by the said authorities of their responsibilities towards organizations and citizens; on appeals against decisions of the Council People's deputies refused to grant or withdraw the land; to challenge the denial of State registration or to refuse State registration within the prescribed period of organization or business citizens ' activities; appeals against decisions State and other authorities to seize cash and other property from organizations and individuals, as well as the return of seized funds and other property; citizens-employers of fines and other funds by state and other bodies, including bodies implementing antimonopoly policy, banks, inspections, other monitoring bodies, if not provided for by law Write-off of money in an uncontested order; returning from the budget The amount of money written off in the form of economic (financial) sanctions, on other grounds, state tax inspections and other regulatory authorities in an indisputable manner, in violation of the requirements of the law. The Arbitration Court is also subordinate to: disputes under the terms of contracts for the acceptance of orders for the supply of products, the performance of work (services) for public needs arising between the state and other authorities by issuing orders and by organizations or citizens who have accepted orders to fulfill the orders; disputes arising from economic agreements between the State authorities of the Russian Federation and others States where this is provided for in inter-State agreements; disputes arising from economic agreements between the administrations of the republics of the Russian Federation, regions, regions, cities, districts, autonomous regions, autonomous prefects; other management disputes if they are subsumed under the jurisdiction of the arbitral tribunal by legislative acts. " Article 6. Part One, second and third article 7 should read as follows: " By agreement of the parties, an economic dispute that has arisen or which may arise under the jurisdiction of the arbitral tribunal may arise before the case is accepted by the arbitral tribunal to be referred to the arbitral tribunal. The decision of the arbitral tribunal shall be executed voluntarily within the time limit set in the decision. In case of failure by the respondent to comply with the decision within the prescribed period, the decision shall be executed in accordance with the procedure established by the Code of Arbitration of the Russian Federation. ". Article 7. Article 8 should read as follows: " Article 8. Legislation applicable to the resolution of the disputes Arbitration Court shall settle disputes in accordance with the Constitution of the Russian Federation, the laws of the Russian Federation and other legislation in force in the territory of the Russian Federation. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Arbitration Court, by establishing in the process of the dispute resolution the inconsistency of the normative act of a state or other body with the legislation in force in the territory of the Russian Federation, makes a decision on the basis of this Legislation. If there is no legislation governing a disputed relationship, the arbitral tribunal shall apply the law governing similar relations and, in the absence of such legislation, proceeds from the general beginning and the meaning of the law. The Arbitration Court, in accordance with the law or treaty, applies the law of other States. ". Article 8. Article 9 should be supplemented with the words "throughout the territory of the Russian Federation". Article 9. Article 10 should be supplemented with the fifth reading: " Arbitral tribunals form: Supreme Commercial Court of the Russian Federation, Regional Court, Regional Court, Arbitration Court, Autonomous Regional Court, Autonomous Oblast Supreme Council of the Russian Federation "; Supreme Arbitration Court of the Republic of the Russian Federation, the Supreme Council of the Republic in the Russian Federation.". Article 10. Part Four of Article 12 should be amended to read: " In the Supreme Arbitration Courts of the Republics within the Russian Federation, Regional, Regional, Municipal Arbitration Courts, Autonomous Regions of the Autonomous Regions, The decision of the High Court of Arbitration of the Russian Federation shall be established by: the Economic Dispute Resolution Board; , a panel for the resolution of disputes arising in the sphere of administration, or a panel on the resolution of cases; The rule of law review board; and The validity of decisions of arbitral tribunals that have not entered into force. "." Article 11. In article 20, paragraph 2, delete the word "world". Article 12. In the first part of article 23, the words "in accordance with the law" should be replaced by the words "in accordance with the law". Article 13. In the title and the text of the Act, replace the word "RSFSR" with the words "of the Russian Federation". ELTSIN Moscow House, House of Russia 24 June 1992 N 3118-I