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"

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A to the Russian Federation On Amendments and Additions to the Arbitration Code of the Russian Federation Code of Procedure and the Arbitration Court of the Russian Federation; "About state fee" (In the wording of Federal Law of 02.11.2004) N 127-FZ Article 1. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Federation, 1992, N 16, sect. 836) the following changes and additions: 1. In article 2: in the second word "as well as non-legal entities", replace the words "organizations other than legal persons, including labour collectives of enterprises, and natural persons."; To supplement the article in the fifth reading: "Arbitration of the insolvency (bankruptcy) of enterprises is done in the cases and in the manner provided for by the Russian Federation Act" bankruptcy of enterprises ".". 2. Part 6 of Article 13 after the word "shall" be supplemented by the words "by the Presidium of the Supreme Arbitration Court of the Republic in the Russian Federation,". 3. The paragraph of the second part of article 22 is supplemented by the words "; the annulment of such acts relating to the establishment, reorganization or liquidation of enterprises, on the declarations of the labour collectives of these enterprises (in the person of authorized workers); (...) (...) In article 66: Part 1, after the second paragraph, add the following paragraphs: " declarations of recognition of enterprises by insolvent (bankrupts); declarations of accession by third parties c separate requirements for the subject matter of the dispute; "; paragraphs 3 and 4, respectively, consider paragraphs 5 and 6 respectively; in paragraph 5 of the word" as well as the imposition of arbitral fines "shall be replaced with the words" of the imposition of arbitration fines, as well as applications for protests that have entered into force The power of the award and the determination of the arbitral tribunal which were not appealed in cassation; ". 5. In article 69: , to supplement the article after paragraph 4 of the following content: " with declarations of recognition of enterprises by insolvent (bankrupts)-50 statutory minimum monthly wage levels; from applications for third parties with independent claims on the subject matter of the dispute-the State duty on the claim; "; paragraphs 5 and 6, respectively paragraphs 7 and 8; , paragraph 8, to read as follows: Revisions: " from the cassation appeals against the decisions and the ruling of the arbitral tribunal, and the applications for protests against the decisions and the ruling of the arbitral tribunal, which were not appealed in cassation, Non-property-50 per cent of the State duty on the filing of the claim, and on property disputes, on the basis of the impugned amount. ". 6. Paragraph 2 of part two of article 85 should be supplemented with the words ", except in cases where the arbitral tribunal has refused to order the enforcement of a decision of the arbitral tribunal and referred the case to the arbitral tribunal which made a decision, but it was not possible to hear the case in the same arbitration court; ". 7. Article 133 should be supplemented by the following paragraph: "Chairman of the Supreme Arbitration Court of the Republic of the Russian Federation and the Prosecutor of the Republic of the Russian Federation-the decision of the Supreme Arbitration Court of the Republic in the Russian Federation". OF THE PRESIDENT OF THE RUSSIAN FEDERATION of which federal subjects are involved. " 8. Article 134 should read as follows: " Article 134. The application for protest The Persons participating in the case have the right to lodge a complaint against the decision of the arbitral tribunal, which entered into force: , the Supreme Commercial Court of the Russian Federation; The Supreme Arbitration Court of the Republic of the Russian Federation-for the decisions it has taken on disputes between organizations and citizens-businessmen in the territory of the Russian Federation, other than the decisions on Disputes concerning the participation of federal entities. The application shall be submitted to the arbitral tribunal which has taken the decision, which is obliged to refer the application to the High Court of Arbitration of the Russian Federation for consideration in this court together with the case within five days. The President and the Vice-President of the arbitral tribunal who have taken the decision are entitled to send their opinion together with the case. The statement must be considered within one month. If a protest is rejected, a reasoned response must be given. ". 9. In article 135: Part one after the words "those who have entered into legal force" should be supplemented by the words ", the Chairman of the Supreme Arbitration Court of the Republic, composed of the Russian Federation and the republic procurator in the Russian Federation, in the Presidency OF THE PRESIDENT OF THE RUSSIAN FEDERATION In the event that the chairman or vice-president of the arbitral tribunal that issued the decision supports the applicant's claims, the Deputy Chairperson of the Supreme Commercial Court of the Russian Federation shall lodge a protest. mandatory. "; to supplement the article after Part Two of the following content: " The President of the Supreme Arbitration Court of the Russian Federation, the Vice-Presidents of the Supreme Commercial Court of the Russian Federation, President of the Supreme Commercial Court of the Republic of the Russian Federation The Federation has the right to lodge a protest at the request of the persons involved in the case, as well as on its own initiative to protect the public interest, or if the adoption of an illegal and baseless decision prevents the adoption of a lawful and reasoned decision on the matter. another case. The protest outlines the position of the person who protested, on the legality and validity of the award of the arbitral tribunal. "; part three, fourth, fifth, sixth, respectively, of the fifth, sixth, seventh and eighth parts, respectively; " The President and Vice-President of the Supreme Arbitration Court of the Russian Federation, the Collegium of the Supreme Commercial Court of the Russian Federation shall be restated as follows: Oversight of the legality and validity of decisions of arbitral tribunals that have entered into force The President of the Supreme Commercial Court of the Republic of the Russian Federation has the right to suspend enforcement of the relevant decisions until the end of the supervisory proceedings. The suspension of the execution of the decision shall be determined. ". 10. In article 136: the title of the article is supplemented by the words "and the Bureau (plenum) of the Supreme Arbitration Court of the Republic in the Russian Federation"; to supplement the article after the words "entered into legal force," by the words " and of the Supreme Arbitration Court of the Republic of the Russian Federation ". 11. In article 139: , in the name of the article, after the words "entered into force", delete the word "and" after the words "Plenary of the Supreme Court of Arbitration of the Russian Federation" to add the words ", Bureau (plenum) of the High Court of Arbitration "In the Russian Federation"; , in the first part after the words "entered into force," to delete the word "and" after the words "Plenary of the Supreme Arbitration Court of the Russian Federation" to supplement the words ", the Bureau (the plenum) of the Supreme Court of Justice of the Arbitration Court of the Republic of the Russian Federation "; , part one and The second word "Panel and the Plenary" would be replaced by "Panel, Plenary (Bureau)". 12. Paragraph 1 of the first part of article 142 should be amended to read: " The College of the Supreme Arbitration Court of the Russian Federation, which considered the case under the supervisory procedure, the Plenary of the Supreme Arbitration Court of the Russian Federation and the Bureau (plenum) The Supreme Arbitration Court of the Republic in the Russian Federation is not entitled: ". 13. Article 157, after Part 5, should be amended to read: " If the decision of the arbitral tribunal is determined in the case of an application for enforcement of a decision of the arbitral tribunal, it will be determined that the decision is not in conformity with the law or accepted on uncharted materials, the arbitral tribunal returns the case for further consideration before the arbitral tribunal which decided. If it is not possible to consider a case in the same arbitration court, the claim may be brought before the arbitral tribunal in accordance with the established jurisdiction. "; parts six and seven, as appropriate Eighth and ninth. Article 2. To amend the Law of the Russian Federation on Arbitration Court (Vedomra) of the Congress of People's Deputies of the RSFSR and the Supreme Soviet of the RSFSR, 1991, N 30, sect. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1965) the following changes and additions: 1. In third article 1, the words "as well as non-legal entities" should be replaced by the words "organizations other than legal entities, including labour collectives of enterprises and individuals.". 2. Article 12 should be supplemented by Part Four, as follows: "In the Supreme Arbitration Court of the Republic, the Russian Federation will form a bureau (plenum).". 3. Part two of article 13 should read as follows: " A national of the Russian Federation may be elected by a judge of the arbitral tribunal to meet the requirements for a judge under article 4 of the Act. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Articles 23 to 26 should read as follows: " Article 23. The independence of the judges of the arbitral tribunal The judges of the arbitral tribunal in their administration of justice are independent, subject only to the law and are not accountable to anyone. The independence of the judges of the arbitral tribunal shall be guaranteed by the guarantees provided for in article 9 of the Russian Federation's Law on the Status of Judges in the Russian Federation. Article 24. Inviolability of judges of the arbitral tribunal The identity of the judge of the arbitral tribunal shall be inviolable. The inviolability of the person of the judge of the arbitral tribunal shall be guaranteed by the guarantees provided for in article 16 of the Russian Federation's Law on the Status of Judges in the Russian Federation. Article 25. Suspension of the powers of a judge of the arbitral tribunal The terms of reference of a judge of the arbitral tribunal shall be suspended by decision of the relevant qualification board of judges in cases where: 1) has been given consent The judge of the arbitral tribunal shall engage in an activity incompatible with his post; 3) the judge of the arbitral tribunal was subjected to coercive measures of a medical nature or limited in legal capacity, respectively, by a court ruling that has been in force; 4) the judge of the arbitral tribunal was declared missing by a court decision, in accordance with the established procedure, in force. The decision of the Qualification Board of Judges to suspend the judge of the arbitral tribunal is in effect until the grounds for their suspension have been suspended. A judge of the arbitral tribunal whose powers are suspended may appeal against the decision of the Qualification Board of Judges to the High Qualification Collegium of Judges within one month from the date of receipt of the copy of the decision of the Qualification Collegium of Judges. The decision of the High Qualification Collegium of Judges is final. Suspension of the powers of a judge of the arbitral tribunal, except in cases where the judge has been elected as a preventive measure, does not have the effect of suspending the payment to a judge of the arbitral tribunal, or To reduce its size, reduce its level of material and social security, and do not deprive the judge of the inviolability of the inviolability established by the Russian Federation Law on the Status of Judges in the Russian Federation. Article 26. Termination of the terms of reference of a judge of the arbitral tribunal The powers of a judge of the arbitral tribunal shall be terminated in the cases and in the manner prescribed by article 14 of the Russian Federation's Law on the Status of Judges in the Russian Federation. ". 5. Article 27 should be deleted. 6. Supplement the Act with article 30-1 as follows: " Article 30-1. The Presidium (plenum) of the Supreme Arbitration Court of the Republic of the Russian Federation in the Russian Federation The Supreme Arbitration Court of the Republic in the Russian Federation will form a bureau (plenum) of the High Court of Arbitration. of the Russian Federation The composition of the Supreme Arbitration Court of the Republic in the Russian Federation is determined by the legislative acts of the Russian Federation. The Presidency (plenum) of the Supreme Arbitration Court of the Russian Federation: 1), within the limits of its powers, reviews the case against the President of the Supreme Arbitration Court in the case The composition of the Russian Federation and the constituent republic of the Republic of the Russian Federation; 2) claims to the Chairman of the Supreme Commercial Court of the Republic of the Russian Federation from among the judges of the arbitral tribunal of the constituent members of the Russian Federation Panels and Secretary of the Bureau (plenary); 3) The practice of the application of the law by the Supreme Arbitration Court of the Republic of the Russian Federation; 4) hears reports by the chairmen of the divisions of the Supreme Arbitration Court of the Republic in the Russian Federation Collegium. The Presidency (plenum) of the Supreme Arbitration Court of the Republic, composed of the Russian Federation, exercises other powers in accordance with the laws of the Russian Federation. A session of the presidium of the Supreme Arbitration Court of the Republic within the Russian Federation is entitled, if there is a majority of the members of the bureau (plenum). ". 7. Article 37 should be deleted. Article 3. (Spconsumed by Federal Law of 02.11.2004) N 127-FZ) Article 4. Implement this Law as of the date of publication. President of the Russian Federation B. RURAL Moscow, House of the Russian Federation 7 July 1993 N 5334-I