On Introducing Changes And Additions Into The Arbitration Procedure Of The Russian Federation And Laws Of The Russian Federation "on Arbitration Courts", "on State Duty"

Original Language Title: О внесении изменений и дополнений в Арбитражный процессуальный кодекс Российской Федерации и Законы Российской Федерации "Об арбитражном суде", "О государственной пошлине"

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102024705

W a c o n RUSSIAN FEDERATION on amendments and additions to the arbitration procedure of the Russian Federation and laws of the Russian Federation "on arbitration courts", "on State duty" (as amended by federal law from Nov 02, 2004 N 127-FZ), Article 1. To amend the Arbitration procedure of the Russian Federation (Gazette of the Congress of people's deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, no. 16, p. 836) the following amendments and supplements: 1. In article 2: in the second part, the words "as well as non-legal entities." should be replaced by the words "the organizations that are not legal persons, including labour organizations of the enterprises, and individuals.";
supplement article part of a fifth reading as follows: "Doarbitrazhnoe relations in the insolvency (bankruptcy) of the enterprises is carried out in the cases and manner prescribed by the law of the Russian Federation on Insolvency (bankruptcy) of enterprises.".
2. Part of the sixth article 13, after the words "carried out" add the words "Bureau (plenum) of the Supreme Arbitration Court of the Republic within the Russian Federation."
3. the second paragraph of article 22 shall be supplemented with the words "; invalidation of such acts, related to the establishment, reorganization or liquidation of enterprises, according to the labour collectives of these enterprises (in the person of authorized representatives of the workforce) in case of violation of statutory rights of labor collectives. "
4. Article 66: first part of the paragraph after the second paragraph be supplemented as follows: "declarations of acceptance of the businesses insolvent (bankrupt);
applications for membership in case third parties with separate requirements on the subject of the dispute ";
the third and fourth paragraphs take fifth and sixth paragraphs respectively;
While in the fifth paragraph, the words "as well as the imposition of fines of arbitration" should be replaced by the words "about imposing fines of arbitration, as well as statements about bringing the protest entered into legal force resolution and ruling of Court of arbitration, which was not appealed in cassation;".
5. In article 69: supplement article after the fourth paragraph as follows: "declarations of acceptance of the businesses insolvent (bankrupt)-50 statutory minimum monthly wages;
with applications for membership in case third parties with separate requirements for dispute-at the rate of the State fee charged upon filing the statement of claim ";
the fifth and sixth paragraphs take respectively the seventh and eighth subparagraphs;
eighth paragraph to read: "appeals to rulings of the Arbitration Court and with statements about bringing the protest entered into legal force resolution and ruling of Court of arbitration, which was not appealed in cassation proceedings, contentious non-property nature-50 per cent of the State fee paid when filing a claim, and the proprietary nature of disputes, from rates calculated on the basis of the contested amount.".
6. paragraph 2 the second part of article 85 shall be supplemented with the words ", except in cases where the Arbitration Court refused to issue an order to enforce the decision of the Arbitration Court and remanded the case for a new consideration in the Arbitration Court that ordered, but consideration of the case in the same court, it was impossible."
7. Article 133 paragraph be supplemented as follows: "the President of the Supreme Arbitration Court of the Russian Federation and the Procurator of the Republic within the Russian Federation, decisions of the Supreme Arbitration Court of the Republic within the Russian Federation, adopted by them at first instance or on appeal for disputes between citizens-businessmen, situated in the territory of the Republic within the Russian Federation, except in decisions on disputes involving federally owned entities.".
8. Article 134 shall be reworded as follows: "article 134. Statement about bringing the protest persons participating in case shall have the right to request a statement about bringing the protest at the decision of the arbitral tribunal, entered into legal force in the Supreme Arbitration Court of the Russian Federation;
the Supreme Arbitration Court of the Republic within the Russian Federation, in its decisions on disputes between citizens-businessmen, situated in the territory of the Republic within the Russian Federation, except in decisions on disputes involving the subjects of federal property.
The application should be submitted to an arbitral tribunal that ordered, which is obliged to send to the Supreme Arbitration Court of the Russian Federation subject to review in this Court of the application, together with the case within five days. Chairperson and alternate Chairperson of the Arbitration Court decision, are entitled to send along with the case.
The application must be reviewed in a month.
In case of rejection of statements about bringing the protest should be given a reasoned answer. "
9. Article 135:

part one, after the words "entered into force" add the words ", the President of the Supreme Arbitration Court of the Republic within the Russian Federation and the Government Procurator of the Russian Federation-Bureau (Presidium) of the Supreme Arbitration Court of the Republic within the Russian Federation. If in the opinion of the Chairman or Deputy Chairman of the Tribunal decision, supported claimant, sacrificing protest Vice-Chairman of the Supreme Arbitration Court of the Russian Federation is required. ";
supplement article after part two parts as follows: "the President of the Supreme Arbitration Court of the Russian Federation, Deputy Chairman of the Supreme Arbitration Court of the Russian Federation, Chairman of the Supreme Arbitration Court of the Russian Federation shall have the right to bring the protest statement of persons involved in the case, as well as on their own initiative in defense of the public interest or if the adoption of an illegal and unwarranted decision preclude legitimate and informed decision in another case.
In protest the position of the person bringing the protest, on the question of the legality of and grounds for the decisions of the arbitral tribunal. ";
part of the third, fourth, fifth, sixth count respectively parts of the fifth, sixth, seventh, eighth;
in this part of the seventh worded as follows: "the Chairman and Deputy Chairman of the Supreme Arbitration Court of the Russian Federation, the higher Arbitration Court of the Russian Federation concerning the verification of oversight of the legality of and grounds for the decisions of arbitral tribunals have come into legal force, Chairman of the Supreme Arbitration Court of the Russian Federation shall have the right to suspend the execution of the relevant decisions until the proceedings by way of supervision. On the suspension of execution of a judgment ruling. ".
10. Article 136: the name of the article, add the words "and the Bureau (plenum) of the Supreme Arbitration Court of the Russian Federation";
supplement article, after the words "entered into force" should be replaced by the words "and the Bureau (plenum) of the Supreme Arbitration Court of the Republic within the Russian Federation."
11. Article 139: in the name of the article, after the words "have come into legal force," delete "and" after the words "of the plenum of the Supreme Arbitration Court of the Russian Federation" complement "of the Bureau (plenum) of the Supreme Arbitration Court of the Russian Federation";
in the first part, after the words "have come into legal force," delete "and" after the words "the Presidium of the higher Arbitration Court of the Russian Federation" complement "the Bureau (Presidium) of the Supreme Arbitration Court of the Russian Federation";
in parts of the first and second words "Board and Plenum" were replaced by the words "Board, the plenum of the (Bureau)".
12. The first paragraph of part two article 142 shall be reworded as follows: "the College of the Supreme Arbitration Court of the Russian Federation, which considered the case by way of supervision, the Presidium of the higher Arbitration Court of the Russian Federation and the Bureau (Presidium) of the Supreme Arbitration Court of the Russian Federation shall".
13. Article 157 after the fifth supplement parts as follows: "when considering applications for an order for enforcement of the arbitral award will be established that the decision does not comply with the law or accepted for unexplored material Arbitration Court returns the case for a new consideration in the Arbitration Court that ordered.
If it is not possible to deal with the case in the same Court of arbitration of the claim, may be brought before the arbitral tribunal in accordance with established jurisdiction. ";
part of the sixth and seventh take parts of the eighth and ninth, respectively.
Article 2. To the law of the Russian Federation "on arbitration courts" (the RSFSR Congress of people's deputies and the Supreme Soviet of the RSFSR, 1991, no. 30, art. 1013; Gazette of the Congress of people's deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, no. 34, art. 1965) the following amendments and supplements: 1. In the third part of article 1, the words "as well as non-legal entities" were replaced by the words "non-juridical persons, including workers ' collectives of enterprises and individuals.".
2. Article 12 supplement part 4 to read as follows: "in the Supreme Arbitration Court of the Republic within the Russian Federation is formed by the Bureau (plenum).
3. The second part of article 13 shall be amended as follows: "a judge of the Court of arbitration may be a citizen of the Russian Federation, meets the requirements for candidates for the post of judge in accordance with article 4 of the law of the Russian Federation" on the status of judges in the Russian Federation ".".
4. Article 23-26 shall be amended as follows: "article 23. The independence of the judges of the Arbitration Court, the judges of the Court of arbitration in their efforts to achieve justice are independent, subject only to the law and accountable to no one.
The independence of the judges of the Court of arbitration is provided by guarantees provided by article 9 of the law of the Russian Federation "on the status of judges in the Russian Federation".

Article 24. The inviolability of judges of the Court of arbitration of the Personality of the judge of the Court of arbitration shall be inviolable.
Integrity of the judge of the Court of arbitration is secured by the guarantees provided for in article 16 of the law of the Russian Federation "on the status of judges in the Russian Federation".
Article 25. Suspension of powers of the judge of the Court of arbitration of the powers of a judge of the Court of arbitration shall be suspended by a decision of the corresponding qualification board of judges in cases where: 1) has consented to the corresponding qualification board of judges at the Court of arbitration judges the engaging criminal proceedings or at the conclusion of his detention;
2) judge of the Arbitration Court is engaged in activities incompatible with his Office;
3) judge at the Court of arbitration had been subjected to coercive measures of a medical nature or limited in dispositive capacity respectively, definition or by a court decision that has entered into legal force;
4) judge at the Court of arbitration was found to be missing in the prescribed manner by a court decision that has entered into legal force.
The decision of the qualification board of judges to suspend the powers of a judge of the Court of arbitration shall be valid until the reason for their suspension.
Judge at the Court of arbitration whose powers are suspended may appeal the decision of the qualification board of judges to the higher qualification board of judges within one month from the receipt of a copy of a decision of the qualification board of judges. The decision of the higher qualification board of judges is final.
Suspension of powers of the judge of the Court of arbitration, except where the judge as a measure of detention was elected, does not entail the suspension of the payment of the judge of the Court of arbitration of wages or reduce its size, reducing its material and social guarantees and does not deprive a judge of security guarantees, established by the law of the Russian Federation on the status of judges in the Russian Federation ".
Article 26. Termination of powers of the judge of the Court of arbitration of the powers of a judge of the Court of arbitration shall be terminated in cases and pursuant to the procedure provided for in article 14 of the law of the Russian Federation "on the status of judges in the Russian Federation". ".
5. Article 27 should be deleted.
6. Add the Law article 30-1 to read as follows: "article 30-1. Bureau (Presidium) of the Supreme Arbitration Court of the Russian Federation in the Republic in the Supreme Arbitration Court of the Russian Federation formed a Bureau (Presidium) of the Supreme Arbitration Court of the Republic within the Russian Federation.
The composition of the Bureau (plenum) of the Supreme Arbitration Court of the Russian Federation shall be determined by legislative acts of the Russian Federation.
Bureau (Presidium) of the Supreme Arbitration Court of the Republic within the Russian Federation: 1) within its competence, considers the oversight case on protests to the President of the Supreme Arbitration Court of the Russian Federation and of the public prosecutor of the Russian Federation;
2) argues for the views of the Chairman of the Supreme Arbitration Court of the Russian Federation from among the judges of the Court of arbitration of the compositions of panels and Secretary-General of the Presidency (plenum);
3) examines the practice of law by the highest arbitral tribunal of the Republic within the Russian Federation;
4) hear reports from the Chairmen of the panels of the Supreme Arbitration Court of the Russian Federation on the activities of the relevant panels.
Bureau (Presidium) of the Supreme Arbitration Court of the Republic within the Russian Federation carries out other powers stipulated by legislative acts of the Russian Federation.
Meeting of the Bureau (plenum) of the Supreme Arbitration Court of the Republic within the Russian Federation is authorized in the presence of a majority of the members of the Bureau (plenum).
7. Article 37 is deleted.
Article 3. (Repealed-the Federal law dated Nov 02, 2004 N 127-FZ), Article 4. To enact this law from the date of publication.
Russian President Boris Yeltsin in Moscow, the Russian House of Soviets July 7, 1993 N 5334-I