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W a c o n RUSSIAN FEDERATION on amendments and additions to the law of the RSFSR "on arbitration courts" in connection with the adoption of the arbitration procedural code of the Russian Federation to amend the Act of the RSFSR "on arbitration courts" (the RSFSR Congress of people's deputies and the Supreme Soviet of the RSFSR, 1991, no. 30, art. 1013) the following changes and additions: article 1. Article 1 shall be amended as follows: article 1. General provisions, the Arbitration Court shall exercise judicial power in settling disputes arising from civil legal relationships (economic disputes) and of the legal relationship in the sphere of Administration (disputes in the sphere of management).
The arbitral tribunal resolves disputes between enterprises, institutions, organizations (including farms) are legal entities (hereinafter referred to as the Organization), as well as citizens, carrying out business activity without establishment of legal entity with the status of the entrepreneur, acquired in accordance with the procedure established by law (hereinafter-the citizens-entrepreneurs).
In cases stipulated by legislative acts of the Russian Federation, the arbitral tribunal resolves disputes involving public authorities and management, as well as non-legal entities.
The arbitral tribunal resolves disputes involving the organizations with foreign investments, organizations and citizens-entrepreneurs who are in the territory of another State, in the cases provided by the present law and the arbitration procedure code of the Russian Federation. "
Article 2. In article 2 the words "the law of the RSFSR on the procedure for settling cases to arbitration courts" were replaced by the words "the arbitration procedure code of the Russian Federation".
Article 3. Article 4 shall be amended as follows: "article 4. The basic principles of the Arbitration Court of the main principles of the activity of the Arbitration Court are collegiality dispute resolution, independent arbitration court and its judges and their subordination only to the law, the equality of the parties, publicity, dispute resolution, legality and validity of the decision. ".
Article 4. Article 5 shall be amended as follows: "article 5. The jurisdiction of the Arbitration Court within the jurisdiction of the arbitral tribunal to economic disputes economic disputes between citizens-businessmen, situated in the territory of the Russian Federation, irrespective of affiliation and subordination of the parties and from the amount of claims arising: with contracts in cases, if there is agreement by the parties to submit emerged or possible dispute to the arbitration court permission or if such transfer is provided for in legislation;
with the change in conditions or termination of contracts;
with the nonperformance or improper performance of obligations;
with the recognition of the right of ownership;
with obtaining the owner or legal owner of the property from unlawful possession;
the violation of the rights of the owner or legal owner, not related to the deprivation of possession;
with other bases.
The arbitral tribunal has jurisdiction in disputes between citizens-entrepreneurs, when one party is in the territory of another State, if it is provided by the interstate agreement, an international treaty or agreement of the parties.
The arbitral tribunal also has jurisdiction in disputes with foreign investment organizations, if it is provided by the interstate agreement or agreement of the parties. "
Article 5. Article 6 shall be amended as follows: "article 6. The jurisdiction of the arbitration court disputes in sphere of management of the arbitral tribunal has jurisdiction in disputes arising in the area of governance, in particular: invalidation (fully or partly) acts of State authorities and other bodies (addressed to specific individuals or group of individuals), including decisions of the Councils of people's deputies and administration, not conforming to the law and violating the legally protected rights and interests of organizations and citizens-entrepreneurs;
damages caused by business organizations and citizens, as well as such acts arising from the improper performance of these bodies its responsibilities towards organizations and citizens-entrepreneurs;
appeals against decisions of the Councils of people's deputies of refusal or of withdrawal land;
appeal against the refusal of State registration or evasion of State registration within the prescribed period the organization or business activity of the citizens;
appeals against decisions by the State and other bodies for exemption from organizations and individuals-entrepreneurs money and other property, as well as the return of looted money and other property;
on recovery with organizations and citizens-entrepreneurs of fines and other money State and other bodies, including bodies exercising antimonopoly policy, banks, inspections, other regulatory authorities, the law does not stipulate decommissioning funds they indisputably;
on the return from the budget funds written off in the form of economic sanctions (financial), on other grounds, state tax inspectorates and regulatory bodies in an uncontested procedure in compliance with the requirements of the legislation.
The arbitral tribunal also has jurisdiction: disputes under the terms of the contracts concerning the adoption of orders for the supply of goods, performance of works (services) for State needs that had arisen between the Government and other bodies (organizations), issuing orders and organizations or citizens-businessmen, accepting obligations fulfillment;
disputes arising from economic agreements between the authorities of the Russian Federation and other States, where so provided in the inter-State agreements;
disputes arising from economic agreements between the Governments of the republics within the Russian Federation, territories, oblasts, cities, districts, autonomous region and autonomous areas;
other disputes in the sphere of management, if they belong to the competence of the arbitral tribunal legislation. ".
Article 6. Part of the first, second and third article 7 shall be amended as follows: "upon agreement between the parties arising out of or attributable encounter economic dispute under arbitration, prior to the adoption of the case by the Court of arbitration may be submitted to the arbitration court permission.
The decision of the Arbitration Court shall be executed voluntarily within the prescribed period in a solution.
In the event of failure by the defendant of the decision within the prescribed time-limit the enforcement of the decision shall be made in the manner prescribed by the arbitration procedure code of the Russian Federation. "
Article 7. Article 8 shall be amended as follows: ' article 8. Legislation is applied when settlement of disputes the arbitration court settles disputes in accordance with the Constitution of the Russian Federation, the laws of the Russian Federation and other laws in force in the territory of the Russian Federation, constitutions, laws and other legislation of the republics within the Russian Federation, inter-State agreements and international treaties.
The Court of arbitration in the dispute resolution process, the non-conformity of a normative act of the State or other body of law in force in the territory of the Russian Federation, shall decide on the basis of this legislation.
In the absence of legislation regulating the contentious relationship, the arbitral tribunal shall apply the law governing similar relations, in the absence of such legislation comes from general principles and sense of law.
The Court of arbitration in accordance with the law or treaty applies the law of other States. "
Article 8. Article 9 shall be supplemented with the words "throughout the territory of the Russian Federation".
Article 9. Article 10 supplement paragraph 5 to read as follows: "arbitration courts are formed: the Supreme arbitrage court of the Russian Federation, edge, oblast, City Court of arbitration, Court of arbitration of the autonomous oblast, Autonomous Okrug-the Supreme Council of the Russian Federation";
The Supreme Arbitration Court of the Republic within the Russian Federation Supreme Council the relevant Republic-within the Russian Federation. "
Article 10. Part four of article 12 shall be amended as follows: "in the higher arbitration courts of the republics within the Russian Federation, provincial, regional, municipal courts of arbitration, arbitration courts of the autonomous region and autonomous areas by the decision of the Supreme Arbitration Court of the Russian Federation are created: the College to resolve cases of economic disputes;
Board on settlement of cases on disputes arising in the area of management or Board on settlement of cases;
Colegio de Cassation verification of the legality of and grounds for the decisions of arbitral tribunals, not entered into force.
Article 11. The second part of article 20 of the deletion of 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 text of the Act, the word "RSFSR" were replaced by the words "Russian Federation".
The President of the Russian Federation, b. YELTSIN Moscow, Russia June 24, 1992 House Tips N 3118-I
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