Proceedings in the arbitration court of cassation

Article 118 of the Constitution of the Russian Federation

establishes that justice in our country is carried out only by the court.

Arbitration courts are federal courts and are part of the judicial system of the Russian Federation.

The formation, powers, and activities of the Arbitration Courts of the Russian Federation are regulated by the fundamental law of the Russian Federation - the Constitution, the federal constitutional law on the judicial system, the federal constitutional law "On Arbitration Courts in the Russian Federation"

, and other constitutional laws.

The procedure for carrying out legal proceedings in arbitration courts is established by the Arbitration Procedural Code.

An arbitration court in the Russian Federation is a legal entity that has a seal. The seal bears the name of the Arbitration Court, as well as an image of the State Emblem of the Russian Federation.

The symbols of the judicial power of the Arbitration Courts are the State Flag of the Russian Federation raised above the court building, the image of the State Emblem of the Russian Federation and the state flag in the courtroom. Judges in court sessions administer justice in robes.

Competence of Arbitration Courts

Arbitration courts administer justice in the field of business and other economic activities.

Arbitration courts consider disputes between legal entities (enterprises, institutions, organizations) and individuals (individual entrepreneurs) arising in the course of their business activities, disputes between legal entities and individuals on the one hand and government bodies on the other hand, cases of administrative offenses, and as well as other cases referred by law to the competence of the Arbitration Courts.

If you are in Moscow, arbitration lawyer Igor Yurievich Noskov will provide qualified legal assistance and protect the interests of entrepreneurs and companies that find themselves in a controversial or difficult situation.
If your problem is related to contracting, real estate, services, trade, financial obligations or bankruptcy, you have come to the right place.
“If you litigate, then win” is the principle that Igor Yuryevich follows in his work, and dozens of won cases speak for themselves.

Article 279 of the Arbitration Procedure Code of the Russian Federation. Feedback on the cassation appeal

A person participating in the case sends a response to the cassation appeal, accompanied by documents confirming objections to the complaint, to other persons participating in the case and to the arbitration court. The response sent to the arbitration court is also accompanied by a document confirming the sending of the response to other persons participating in the case.
The review is sent by registered mail with acknowledgment of receipt within a period that provides the opportunity to familiarize yourself with the review before the start of the court hearing.
The review is signed by the person participating in the case or his representative. The review signed by the representative is accompanied by a power of attorney or other document confirming his authority to sign the review.
The review may be submitted to the arbitration court by filling out a form posted on the official website of the arbitration court considering the case on the Internet. Documents attached to the response may be submitted to the arbitration court in electronic form.

System of Arbitration Courts

Supreme Arbitration Court of the Russian Federation

Until 2014, the Supreme Arbitration Court of the Russian Federation was the highest judicial body for resolving disputes in the field of business and other economic activities. 02/02/2014 The Law of the Russian Federation on the amendment to the Constitution of the Russian Federation N 2-FKZ “On the Supreme Court of the Russian Federation and the Prosecutor’s Office of the Russian Federation” was adopted

, according to which the Supreme Arbitration Court of the Russian Federation is abolished, and all issues of administration of justice within its competence are transferred to the jurisdiction of the Supreme Court of the Russian Federation.

In this regard, a transition period of 6 months has been established.

Powers of the Supreme Arbitration Court of the Russian Federation: examines decisions of the Arbitration Courts of the Russian Federation in the manner of supervision, revises them based on newly discovered circumstances, applies to the Constitutional Court to verify the conformity of the constitutionality of the law, studies and summarizes practice, gives explanations on issues of judicial practice, and exercises other powers.

Federal Arbitration Courts of Districts (Arbitration Courts of Cassation)

They check the legality of judicial acts of arbitration courts of constituent entities of the Russian Federation and arbitration courts of appeal that have entered into force.

The following arbitration cassation courts operate in the Russian Federation:

Federal Arbitration Court of the Volga-Vyatka District (location - Nizhny Novgorod)
Verification of court decisions of arbitration courts of the Vladimir Region, Ivanovo Region, Kirov Region, Komi Republic, Kostroma Region, Mari El Republic, Mordovia Republic, Nizhny Novgorod Region, Chuvash Republic - Chuvashia , Yaroslavl region, and judicial acts of arbitration courts of appeal established in this judicial district.
Federal Arbitration Court of the East Siberian District (location – Irkutsk).
Verification of judicial acts of arbitration courts of the Republic of Buryatia, Irkutsk Region, Krasnoyarsk Territory, Republic of Sakha (Yakutia), Republic of Tyva, Republic of Khakassia, Trans-Baikal Territory, and judicial acts of arbitration courts of appeal established in this judicial district.
Federal Arbitration Court of the Far Eastern District (location - Khabarovsk)
Verification of judicial acts adopted by arbitration courts of the Amur Region, Jewish Autonomous Region, Kamchatka Territory, Magadan Region, Primorsky Territory, Sakhalin Region, Khabarovsk Territory, Chukotka Autonomous District, judicial acts of arbitration appeal courts established in a given judicial district.
Federal Arbitration Court of the West Siberian District (location – Khabarovsk).
Verification of judicial acts adopted by the arbitration courts of the Altai Republic, Altai Territory, Kemerovo Region, Novosibirsk Region, Omsk Region, Tomsk Region, Tyumen Region, Khanty-Mansiysk Autonomous Okrug - Ugra, Yamalo-Nenets Autonomous Okrug, and judicial acts of arbitration courts of appeal formed in this judicial district.
Federal Arbitration Court of the Moscow District (location - Moscow)
Verification of judicial acts adopted by arbitration courts of the city of Moscow and the Moscow region, and judicial acts of arbitration courts of appeal established in this judicial district.
Federal Arbitration Court of the Volga District (location - Kazan)
Verification of judicial acts adopted by arbitration courts of the Astrakhan region, Volgograd region, Penza region, Samara region, Saratov region, Republic of Tatarstan (Tatarstan), Ulyanovsk region, and judicial acts of arbitration courts of appeal formed in this judicial district.
Federal Arbitration Court of the North-Western District (location - St. Petersburg).
Verification of judicial acts adopted by arbitration courts of the Arkhangelsk region, Vologda region, Kaliningrad region, the Republic of Karelia, Murmansk region, Novgorod region, Pskov region, the city of St. Petersburg and the Leningrad region, Tver region, and judicial acts of arbitration courts of appeal established in this court district.
Federal Arbitration Court of the North Caucasus District (location – Krasnodar).
Verification of judicial acts adopted by the arbitration courts of the Republic of Adygea (Adygea), the Republic of Dagestan, the Republic of Ingushetia, the Kabardino-Balkarian Republic, the Republic of Kalmykia, the Karachay-Cherkess Republic, the Krasnodar Territory, the Rostov Region, the Republic of North Ossetia-Alania, the Stavropol Territory, the Chechen Republic, and judicial acts of arbitration courts of appeal established in this judicial district.
Federal Arbitration Court of the Ural District (location - Chelyabinsk)
Verification of judicial acts adopted by arbitration courts of the Republic of Bashkortostan, Kurgan Region, Orenburg Region, Perm Territory, Sverdlovsk Region, Udmurt Republic, Chelyabinsk Region, and judicial acts of arbitration courts of appeal established in this judicial district;
Federal Arbitration Court of the Central District (location – Kaluga).
Verifies court decisions made by arbitration courts of the Belgorod region, Bryansk region, Voronezh region, Kaluga region, Kursk region, Lipetsk region, Oryol region, Ryazan region, Smolensk region, Tambov region, Tula region, and judicial acts of arbitration courts of appeal established in this judicial district.

You might be interested in the mental map, which describes in detail the various options for purchasing a home
Or find out HERE how to draw up a statement of claim for a divorce from your spouse through the court

Arbitration courts of appeal

They check the legality and validity of decisions of arbitration courts of first instance.

There are twenty Arbitration Courts of Appeal in Russia, with two appellate instances in each district.

Arbitration courts of first instance of the constituent entities of the Russian Federation

In the constituent entities of the Russian Federation there are arbitration courts of republics, territories, regions, cities of federal significance, autonomous regions and autonomous districts.

In the territories of several constituent entities of the Russian Federation, one Arbitration Court can administer justice, and, conversely, several Arbitration Courts can operate in one territory of a constituent entity of the Russian Federation.

These Arbitration Courts are created by federal laws.

Arbitration courts of the constituent entities of the Russian Federation consider cases within their jurisdiction in the first instance and review their decisions based on newly discovered circumstances.

Specialized arbitration courts

Intellectual Rights Court.

This court has been operating in the Russian Federation since July 2013, in accordance with the Resolution of the Supreme Arbitration Court of the Russian Federation dated July 2, 2013. No. 51

The Intellectual Rights Court considers disputes related to the protection of intellectual rights as a court of first and cassation instance.

The Intellectual Rights Court considers, for example, cases in the field of patent rights, rights to trade secrets (know-how), rights to means of individualization of legal entities, goods, works, services and enterprises, on identifying the patent holder, and others.

Article 282 of the Arbitration Procedure Code of the Russian Federation. Termination of cassation proceedings

The arbitration court of cassation terminates the proceedings on the cassation appeal if, after accepting the cassation appeal for the court's proceedings, a petition was received from the person who filed it to abandon the cassation appeal and the refusal was accepted by the court in accordance with Article 49 of this Code.
The arbitration court issues a ruling on the termination of proceedings on a cassation appeal. The ruling may resolve issues regarding the distribution of legal costs between the parties and the return of state fees from the federal budget. Copies of the ruling to terminate the cassation appeal proceedings are sent to the persons participating in the case.
If the proceedings on a cassation appeal are terminated, a repeated appeal by the same person on the same grounds to the arbitration court with a cassation appeal is not allowed.
The ruling of the arbitration court to terminate proceedings on a cassation appeal may be appealed to the arbitration court of the cassation instance in the manner established in Article 291 of this Code.

Composition of arbitration courts

The composition of arbitration courts is their internal structure.

1) Composition of the Supreme Court of the Russian Federation - since 2014 the highest judicial body

Plenum of the Supreme Court of the Russian Federation;
Presidium of the Supreme Court of the Russian Federation;
Appeal Board of the Supreme Court of the Russian Federation
Judicial Collegium for Administrative Cases of the Supreme Court of the Russian Federation;
Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation;
Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation;
Military Collegium of the Supreme Court of the Russian Federation.

2) Composition of the Federal Arbitration Courts of Districts (arbitration cassation courts)

Presidium of the Federal Arbitration Court of the District;
Judicial panels for consideration of disputes arising from civil and other legal relations;
Judicial panels for the consideration of disputes arising from administrative legal relations.

3) Composition of the Arbitration Courts of Appeal

Presidium of the Arbitration Court of Appeal;
Judicial panels for consideration of disputes arising from civil and other legal relations;
Judicial panels for the consideration of disputes arising from administrative legal relations.

4) Composition of the Arbitration Courts of First Instance of the constituent entities of the Russian Federation

Presidium (chairman of the court, his deputies, chairmen of judicial panels and judges).
Judicial panels and judicial compositions.

5) Composition of specialized arbitration courts

The court operates as a composition of judges, judicial panels of the presidium:

Presidium consisting of the Chairman of the Court for Intellectual Rights, his deputies, chairmen of judicial panels and judges included in the presidium of the Court for Intellectual Rights
Judicial panels. They are headed by chairmen - deputy chairmen of the Intellectual Rights Court.
Judicial compositions. They are headed by a chairman, elected for a term of three years.

Article 277 of the Arbitration Procedure Code of the Russian Federation. Form and content of the cassation appeal

A cassation appeal is submitted to the arbitration court in writing. The cassation complaint is signed by the person filing the complaint or his representative authorized to sign the complaint. A cassation appeal can also be filed by filling out a form posted on the official website of the arbitration court on the Internet.
The cassation appeal must indicate: 1) the name of the arbitration court to which the cassation appeal is filed; 2) the name of the person filing the complaint, indicating his procedural position, as well as other persons participating in the case, their location or place of residence; 3) the name of the arbitration court that adopted the appealed decision, resolution, case number and date of adoption of the decision, resolution, subject of the dispute; 4) the requirements of the person filing the complaint to verify the legality of the appealed judicial act and the grounds on which the person filing the complaint is appealing the decision, resolution, with reference to laws or other regulatory legal acts, the circumstances of the case and the evidence available in the case; 5) a list of documents attached to the complaint. The cassation appeal may also indicate telephone numbers, fax numbers, e-mail addresses and other information necessary for consideration of the case, and existing petitions may be submitted.
The person filing a cassation appeal is obliged to send to other persons participating in the case copies of the cassation appeal and the documents attached to it, which they do not have, by registered mail with return receipt requested, or hand them over to other persons participating in the case or their representatives personally against signature.
The cassation appeal shall be accompanied by: 1) a copy of the appealed judicial act; 2) documents confirming the payment of the state duty in the established manner and amount or the right to receive benefits in the payment of the state duty, or a petition for a deferment, installment payment of the state duty, or a reduction in its amount; 3) documents confirming the sending or delivery to other persons participating in the case, copies of the cassation appeal and documents that they do not have; 4) a power of attorney or other document confirming the authority to sign the cassation appeal.
Documents attached to the cassation appeal may be submitted to the arbitration court in electronic form.