Peculiarities of the proceedings in the arbitration court


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Meeting of the arbitration court of first instance. Main stages and procedure

The trial is an independent stage of the arbitration process. The main task of this stage is to consider the dispute on its merits.

The trial takes place at a meeting of the arbitration court, during which the arbitration court directly examines the evidence and establishes the factual circumstances on the basis of which it makes a legal and reasonable decision.

Trial is the main, central stage of the arbitration process . It is at this stage that the effect of the fundamental principles of arbitration procedural law manifests itself, i.e. Actually, at this stage, arbitration courts administer justice by performing the tasks of arbitration proceedings.

Although all of the above applies equally to judicial proceedings in all instances, the principles of justice in general and the arbitration process in particular are most clearly manifested at the stage of judicial proceedings taking place in the arbitration court of first instance.

Time limit for consideration of the case . The Arbitration Procedure Code of the Russian Federation established (Article 152) a single period for consideration of cases : 3 months from the date of receipt of the application by the arbitration court, including the period for preparing the case for trial and for making a decision on the case, unless the Arbitration Procedure Code of the Russian Federation establishes otherwise. The calculation of the period for consideration of the case is carried out according to the general rules for calculating procedural terms established by Chapter. 10 Arbitration Procedure Code of the Russian Federation.

The 3-month period for consideration of the case can be extended on the basis of a reasoned statement from the judge hearing the case by the chairman of the arbitration court to 6 months due to the particular complexity of the case, with a significant number of participants in the arbitration process. In this case the period for which the proceedings in the case were suspended or the trial was postponed in cases provided for by the Arbitration Procedure Code of the Russian Federation is not included in the 3-month period for consideration of the case, but is taken into account when determining a reasonable period of legal proceedings.

In some cases that require prompt judicial intervention in a conflict, the legislation establishes shortened terms for consideration of cases, for example, in cases of decisions of administrative bodies on bringing to administrative responsibility - 2 months.

At the court hearing, order must be ensured to create adequate working conditions for all participants in the process. One of the components that ensure order is the external attributes of respect for the court as the head of the process and the person entitled to administer justice on behalf of the state.

Participants in the hearing give all speeches at the court hearing, explanations, and answers to questions . Deviation from this rule is possible only with the permission of the judge, for example, in the case of the physical impossibility of the participants in the process to constantly stand up (due to physical disabilities or health conditions).

The meeting must be held in conditions that ensure the work of the court and the safety of the participants in the arbitration process . Ensuring the safety of participants in the process and order in court proceedings is entrusted to the bailiff service. By decision of the judge presiding over the court hearing, bailiffs may be present in the room where it is taking place (in the presence of a large number of people present or in the presence of particularly emotional participants) to ensure the established procedure for the activities of the courts.

In accordance with Part 7 of Art. 11 of the Arbitration Procedure Code of the Russian Federation, persons present at an open court hearing (regardless of whether they are participants in the process or simply listeners) have the right to take written notes during the meeting , as well as make sound recordings; It is not necessary to obtain the judge's consent to perform these actions.

Filming and photography, as well as broadcasting a court hearing, is permitted only with the permission of the judge presiding over the hearing . The time for filming and broadcasting may be limited by the court in time: at the request of the participants in the hearing or if they interfere with order at the court hearing.

The trial is carried out in the strict sequence provided for by the Arbitration Procedure Code of the Russian Federation. Litigation in arbitration courts is usually divided into 3 stages: preparatory, consideration of the case on the merits, ruling and announcement of the decision.

1. The content of the preparatory part of the trial is to determine the possibility of holding a court hearing. A detailed list of actions performed in this part of the proceedings is given in Art. 153 Arbitration Procedure Code of the Russian Federation. The court session begins with the announcement of its opening by the presiding judge, who also announces which case is to be considered.

The judge then checks the appearance of the persons . The trial of the case is carried out in a court session with mandatory notification of the persons participating in the case about the time and place of the trial (Part 1 of Article 153 of the Arbitration Procedure Code of the Russian Federation). If any of the persons participating in the case fail to appear, the judge is obliged to check the presence in the case materials of evidence of notification of the absent persons about the time and place of the trial. In the absence of evidence of notification of a participant in the process (plaintiff, defendant, third party, prosecutor, expert, translator, witness), the court hearing cannot be held and the consideration of the case must be postponed .

The preparatory part of the court session ends with the determination of the order of its conduct..

2. Consideration of the case on the merits begins with finding out whether the plaintiff supports the claim, whether the defendant recognizes the claim, and whether the parties want to enter into a settlement agreement. If the plaintiff refuses the claim, the defendant recognizes the claim, or the parties submit a settlement agreement, the case will not be heard.

The case review process essentially consists of two components:

A. Study of evidence (Article 162 of the Arbitration Procedure Code of the Russian Federation). It is when examining the evidence that the principle of immediacy of trial proceedings, established by Art. 10 of the Arbitration Procedure Code of the Russian Federation, which allows the court to personally perceive and evaluate evidentiary information, comprehensively analyze the circumstances of the dispute and make a reasoned, legal and fair decision.

B. Judicial debates - oral presentations (speeches) of persons participating in the case, justifying their position on the case after completion of the examination of the evidence.

The speeches summarize the results of the study of evidence, give their assessment from the point of view of the persons participating in the case, and draw conclusions based on the established circumstances, both on the merits of the dispute as a whole and on particular procedural or substantive legal aspects of the dispute.

The final consideration of the case on the merits consists of the presiding officer announcing the end of the consideration of the case and retiring the court to the deliberation room to make a decision.

Arbitration Procedural Code of the Arbitration Procedure Code of the Russian Federation

Chapter 19. Trial

Article 152. Time limit for considering a case and making a decision

1. The case must be considered by the arbitration court of first instance within a period not exceeding three months from the date of receipt of the application by the arbitration court, including the period for preparing the case for trial and for making a decision on the case, unless otherwise established by this Code.

2. The period established by part 1 of this article may be extended on the basis of a reasoned statement from the judge hearing the case by the chairman of the arbitration court up to six months due to the particular complexity of the case, with a significant number of participants in the arbitration process.

3. The period for which the proceedings in the case were suspended or the trial was postponed in the cases provided for by this Code is not included in the period for consideration of the case established by part 1 of this article, but is taken into account when determining a reasonable period of legal proceedings.

Article 153. Court hearing of the arbitration court

1. The hearing of the case is carried out in a court session of the arbitration court with mandatory notification of the persons participating in the case about the time and place of the hearing.

2. The judge, and in case of a collegial consideration of the case the presiding officer at the court session:

1) opens the court session and announces which case is to be considered;

2) checks the appearance at the court hearing of persons participating in the case, their representatives and other participants in the arbitration process, establishes their identity and verifies their credentials; establishes whether persons who failed to appear at the court hearing were properly notified and what information is available about the reasons for their failure to appear;

3) clarifies the question of the possibility of hearing the case;

4) announces the composition of the arbitration court, informs who keeps the minutes of the court session, who participates as an expert, translator, and explains to the persons participating in the case their right to challenge;

5) explains to the persons participating in the case and other participants in the arbitration process their procedural rights and obligations;

6) removes witnesses who have appeared from the courtroom before the start of their interrogation;

7) warns the translator of criminal liability for knowingly incorrect translation, the expert for giving a knowingly false conclusion, witnesses (immediately before their interrogation) for giving knowingly false testimony and refusal to testify;

8) determines, taking into account the opinions of persons participating in the case, the sequence of procedural actions;

9) finds out whether the plaintiff supports the claim, whether the defendant acknowledges the claim, whether the parties want to end the case with a settlement agreement or apply the mediation procedure, about which appropriate entries are made in the minutes of the court session;

10) directs the court hearing, provides conditions for a comprehensive and complete examination of evidence and circumstances of the case, ensures consideration of statements and petitions of persons participating in the case;

11) takes measures to ensure proper order at the court hearing.

Article 153.1. Participation in court hearings through the use of video conferencing systems

1. Persons participating in the case and other participants in the arbitration process may participate in the court hearing through the use of videoconferencing systems, provided that they submit a request for this and if the relevant arbitration courts have the technical ability to carry out videoconferencing.

2. If a request for participation in a court hearing is granted through the use of videoconferencing systems, the arbitration court considering the case shall instruct the relevant arbitration court, with the assistance of which the applicant will be able to participate in such a court hearing, to organize videoconferencing for the purpose of the applicant’s participation in the court hearing , about which a determination is made in accordance with Article 73 of this Code.

3. The arbitration court organizing video conferencing checks the appearance and establishes the identity of the persons who have appeared, verifies their credentials and clarifies the question of the possibility of their participation in the court hearing in accordance with the rules established by part 2 of Article 153 of this Code.

4. When using videoconferencing systems in the arbitration court considering a case, as well as in the arbitration court organizing videoconferencing, a protocol is drawn up and a video recording of the court session is kept. The material media of the video recording of the court session is sent within five days to the court considering the case and is attached to the minutes of the court session.

5. The arbitration court considering the case shall refuse to satisfy a request to participate in a court hearing through the use of video conferencing systems in cases where:

1) there is no technical ability to participate in a court hearing using video conferencing systems;

2) the hearing of the case is carried out in a closed court session.

Article 154. Procedure at a court hearing

1. When judges enter the courtroom, everyone present in the courtroom stands up. All persons present in the courtroom shall listen to the decision of the arbitration court while standing.

2. Persons participating in the case and other participants in the arbitration process address the arbitration court with the words: “Dear court!” They give their explanations and testimony to the court, questions to other persons participating in the case, and answers to questions while standing. Deviations from this rule may only be permitted with the permission of the court.

3. The court hearing is held in conditions that ensure the normal functioning of the court and the safety of the participants in the arbitration process. The actions of persons present in the courtroom and carrying out filming, photography, video recording, and broadcasting of the court hearing on radio and television, permitted by the court, must not interfere with order in the court hearing. These actions may be limited by the court in time.

4. Persons present in the courtroom are required to comply with the established order. A person who disrupts order in a court session or does not obey the lawful orders of the presiding officer may, after a warning, be removed from the courtroom.

5. The arbitration court may subject a person who violates order at a court hearing or disobeys the lawful orders of the presiding officer to a judicial fine in the manner and in the amount established in Chapter 11 of this Code.

Article 155. Protocol

1. During each court session of the arbitration court of the first instance, as well as when performing certain procedural actions outside the court session, recording is carried out using audio recording devices and a written protocol is drawn up (hereinafter also referred to as the protocol).

2. The protocol is an additional means of recording the following data on the course of the court session:

1) year, month, date and place of the court hearing;

2) the start and end time of the court session;

3) the name of the arbitration court considering the case, the composition of the court;

4) name and number of the case;

5) information about the warning about criminal liability of the translator for knowingly incorrect translation, witnesses for giving knowingly false testimony and refusal to testify, an expert for giving a knowingly false conclusion;

6) oral statements and petitions of persons participating in the case, consultations with specialists;

7) agreements of the parties on the factual circumstances of the case and the stated requirements and objections;

8) rulings made by the court without removal from the courtroom;

9) a note on the use of audio recording devices, video conferencing systems and (or) other technical means during the court hearing;

10) date of drawing up the protocol.

3. The protocol on the commission of a separate procedural action shall also indicate the information obtained as a result of the commission of this procedural action.

4. The court secretary or assistant judge draws up a protocol and ensures the use of audio recording and (or) other technical means during the court session.

5. The protocol can be written by hand or compiled using technical means. The protocol is signed by the presiding judge at the court session, the secretary of the court session or the assistant judge who compiled the protocol of the court session no later than the next day after the end of the court session, and the protocol on the commission of a separate procedural action - immediately after the commission of a separate procedural action.

6. Recording of the court session using audio recording means is carried out continuously during the court session. The material medium of the audio recording is attached to the protocol.

If the arbitration court conducts a stenographic recording, as well as a video recording of the court session, the protocol drawn up in writing must indicate the information provided for in paragraphs 5, 6, 8 and 9 of part 2 of this article. The material media of the video recording is attached to the protocol.

7. Persons participating in the case have the right to familiarize themselves with the audio recording of the court session, protocols of the court session and protocols on the commission of individual procedural actions and submit comments regarding the completeness and correctness of their preparation within three days after signing the relevant protocol. The comments may be accompanied by material media of audio and (or) video recordings of the court session made by the person participating in the case.

Comments on the protocol submitted to the arbitration court after the expiration of the three-day period are not considered by the court and are returned to the person who submitted these comments.

8. The arbitration court shall issue a ruling on the acceptance or rejection of comments on the protocol no later than the next day after the day these comments are received by the court. Comments on the protocol and the court's ruling are attached to the protocol.

9. At the written request of a person participating in the case and at his expense, a copy of the protocol and (or) a copy of the audio recording of the court session may be made.

Article 156. Consideration of a case in the absence of a response to the statement of claim, additional evidence, as well as in the absence of persons participating in the case

1. Failure to submit a response to the statement of claim or additional evidence that the arbitration court proposed to present to the persons participating in the case is not an obstacle to the consideration of the case based on the evidence available in the case.

2. The parties have the right to notify the arbitration court of the possibility of considering the case in their absence.

3. If the plaintiff and (or) defendant, duly notified of the time and place of the trial, fail to appear at a court hearing of the arbitration court, the court has the right to consider the case in their absence.

4. If the persons participating in the case did not appear at the court hearing, and their appearance in accordance with this Code was recognized as mandatory by the arbitration court, the court may impose a court fine on these persons in the manner and in the amounts provided for in Chapter 11 of this Code.

5. If other persons participating in the case and duly notified of the time and place of the trial fail to appear at the court hearing, the court considers the case in their absence.

Article 157. Consequences of failure of experts, witnesses, interpreters to appear at a court hearing

1. If experts, witnesses, interpreters, duly notified of the time and place of the court session, fail to appear at the court hearing, the arbitration court shall issue a ruling to postpone the trial, unless the parties have filed a motion to consider the case in the absence of these persons.

2. If an expert, witness, or interpreter summoned to a court hearing does not appear in court for reasons recognized by the court as disrespectful, the court may impose a court fine on them in the manner and in the amount established in Chapter 11 of this Code.

Article 158. Postponement of trial

1. The arbitration court postpones the trial in cases provided for by this Code, as well as in the event of a failure to appear at the court hearing of a person participating in the case, if in relation to this person the court does not have information about notifying him of the time and place of the trial.

2. The arbitration court may postpone the trial at the request of both parties if they seek assistance from the court or intermediary, including a mediator, in order to resolve the dispute.

3. If a person participating in the case and duly notified of the time and place of the court hearing filed a motion to postpone the trial with justification for the reason for failure to appear at the court hearing, the arbitration court may postpone the trial if it recognizes the reasons for failure to appear as valid.

4. The arbitration court may postpone the trial at the request of a person participating in the case due to the failure of his representative to appear at the court hearing for a valid reason.

5. The arbitration court may postpone the trial if it recognizes that it cannot be considered in this court session, including due to the failure of any of the persons participating in the case, other participants in the arbitration process, in the event of technical problems when using technical means of conducting a court hearing, including video conferencing systems, as well as when satisfying a party’s request to postpone the trial due to the need for it to present additional evidence, when performing other procedural actions.

The trial may also be postponed by decision of the chairman of the arbitration court, the deputy chairman of the arbitration court or the chairman of the judicial staff in the event of illness of the judge or for other reasons it is impossible to hold a court hearing for a period not exceeding ten days.

6. If the trial is postponed, the arbitration court has the right to question the witnesses who have appeared, if the parties are present at the court hearing. The testimony of these witnesses will be announced at the new court hearing. Re-summoning of these witnesses to a new court session is carried out only in cases of necessity.

7. The trial may be postponed for the period necessary to eliminate the circumstances that served as the basis for the postponement, but not more than one month. In the case specified in part 2 of this article, the trial may be postponed for a period not exceeding sixty days.

8. The arbitration court shall issue a ruling on the postponement of the trial.

9. The arbitration court shall notify the persons participating in the case and other participants in the arbitration process about the time and place of the new court hearing. Persons who appeared at the court session are notified of the time and place of the new session directly at the court session against a signature in the minutes of the court session.

10. The trial in a new court session is resumed from the moment from which it was postponed. Re-examination of evidence examined before the adjournment of the trial is not carried out.

Article 159. Resolution by the arbitration court of statements and petitions of persons participating in the case

1. Statements and petitions of persons participating in the case on the agreements they have reached on the circumstances of the case, the substance of the stated claims and objections, on the request of new evidence and on all other issues related to the proceedings of the case, are justified by the persons participating in the case and are submitted to in writing, sent electronically or entered into the minutes of the court session, resolved by the arbitration court after hearing the opinions of other persons participating in the case.

2. Based on the results of consideration of applications and petitions, the arbitration court issues rulings.

3. A person whose request was denied, including when preparing the case for trial, at a preliminary hearing, has the right to submit it again during further court proceedings.

4. A petition for participation in a court hearing through the use of video conferencing systems indicating the arbitration court, with the assistance of which the applicant can participate in the court hearing, is submitted to the court considering the case before the case is assigned to trial and is considered by the judge considering the case alone within five days after the day the petition was received by the arbitration court without notifying the parties. Such a request may also be stated in a statement of claim or response to a statement of claim.

5. The arbitration court has the right to refuse to satisfy an application or petition if they were not timely filed by a person participating in the case due to abuse of their procedural rights and are clearly aimed at disrupting the court session, delaying the trial process, preventing the consideration of the case and the adoption of legal and a justified judicial act, except for the case where the applicant was not able to file such an application or such a petition earlier for objective reasons.

Article 160. Consideration of a case in separate sessions of the arbitration court

1. If one application combines a demand to establish the grounds for the defendant’s liability and a related demand to apply liability measures, the arbitration court has the right, with the consent of the parties, to consider such demands in separate court hearings.

A ruling is made on the consideration of the case in separate court sessions.

2. If a request to establish the grounds for the defendant’s liability is refused, the arbitration court does not consider the related demand for the application of liability measures and does not hold a second court hearing.

3. If the requirement to establish the grounds for liability of the defendant is satisfied, the arbitration court, immediately or after a break, the period of which cannot exceed five days, has the right to hold a second court hearing and at this court session consider the requirement to apply liability measures, including determining the amount of the recovery amounts. Based on the results of the consideration, the arbitration court makes a decision on all stated claims.

4. If a break was announced at the court hearing, during which the parties reached an agreement or settled the dispute regarding the requirements for the application of penalties, the arbitration court does not consider these demands and terminates the proceedings in the case regarding the requirements for the application of liability measures, provided that that the plaintiff filed a written refusal of the claim or the parties entered into a settlement agreement in this part of the claims and the refusal was accepted or the settlement agreement was approved by the court, as indicated in the judicial act of the arbitration court.

Article 161. Application for falsification of evidence

1. If a person participating in the case applies to the arbitration court with a written statement about falsification of evidence presented by another person participating in the case, the court:

1) explains the criminal law consequences of such a statement;

2) excludes the contested evidence with the consent of the person who presented it from the evidence in the case;

3) checks the validity of the statement about falsification of evidence if the person who presented this evidence has raised objections regarding its exclusion from the evidence in the case.

In this case, the arbitration court takes measures provided for by federal law to verify the authenticity of the statement of falsification of evidence, including ordering an examination, requesting other evidence or taking other measures.

2. The arbitration court shall reflect the results of consideration of the application for falsification of evidence in the minutes of the court session.

Article 162. Examination of evidence

1. When considering a case, the arbitration court must directly examine the evidence in the case: familiarize itself with written evidence, examine material evidence, hear explanations of persons participating in the case, testimony of witnesses, expert opinions, consultations of specialists, and also announce such explanations, testimony, conclusions, consultations provided in written form.

2. Reproduction of audio and video recordings is carried out by the arbitration court in the courtroom or in another room specially equipped for this purpose. The fact of playback of audio and video recordings is reflected in the minutes of the court session.

3. When examining evidence, the arbitration court announces the agreements of the persons participating in the case on the agreements reached on the circumstances of the case.

4. A person participating in the case has the right to give an explanation to the arbitration court about the evidence presented by him, and the evidence requested by the court at his request, as well as ask questions to the experts and witnesses summoned to the court hearing. In this case, the first person to ask questions is the person at whose request the experts and witnesses were called.

Article 163. Break in the court session

1. The arbitration court, at the request of a person participating in the case or on its own initiative, may declare a break in the court hearing.

2. A break in a court hearing may be declared for a period not exceeding five days.

3. The break within the day of the court session and the time when the session will be continued are indicated in the minutes of the court session.

On a break for a longer period, the arbitration court issues a ruling, which is entered into the minutes of the court session. The ruling shall indicate the time and place of continuation of the court hearing.

4. After the end of the break, the court session continues, as announced by the presiding judge at the court session. A re-examination of evidence examined before the break is not carried out, including when representatives of persons participating in the case are replaced.

5. Persons participating in the case and present in the courtroom before the break was announced are considered to have been duly notified of the time and place of the court hearing, and their failure to appear at the court hearing after the end of the break is not an obstacle to its continuation.

Article 164. Judicial debates

1. After completing the examination of all the evidence, the presiding judge at the court session asks the persons participating in the case whether they would like to add anything to the case materials. In the absence of such statements, the presiding judge at the court session declares the examination of the evidence completed and the court proceeds to the judicial debate.

2. Judicial debates consist of oral presentations by persons participating in the case and their representatives. In these speeches they justify their position on the case.

3. In judicial debates, the plaintiff and (or) his representative speak first, then the third party who makes independent claims regarding the subject of the dispute, the defendant and (or) his representative. A third party who does not make independent claims regarding the subject of the dispute acts after the plaintiff or after the defendant, on whose side he is participating in the case.

The prosecutor, representative of the state body, local government body and other body, who appealed to the arbitration court in accordance with Articles 52 and 53 of this Code, speak first in the judicial debate.

4. Participants in judicial debates do not have the right to refer to circumstances that were not clarified by the court, and to evidence that was not examined at the court hearing or was declared inadmissible by the court.

5. After all participants in the judicial debate have spoken, each of them has the right to make remarks. The right of last remark always belongs to the defendant and (or) his representative.

Article 165. Resumption of examination of evidence

1. If the arbitration court, during or after the judicial arguments, finds it necessary to clarify additional circumstances or examine new evidence, the court resumes the examination of the evidence, as indicated in the minutes of the court session.

2. After completion of the additional examination of the evidence, judicial debates take place in the general manner established by this Code.

Article 166. Completion of consideration of the case on the merits

After examining the evidence in the case and the judicial debate, the presiding judge at the court session declares the consideration of the case on the merits completed and the arbitration court leaves to make a decision, which is announced to those present in the courtroom.

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