Arbitration Courts of Appeal are courts of review in court of appeal legality and validity of judicial acts of arbitration courts of the subjects Russian Federation accepted by them in the first instance. The powers, procedure for the formation and operation of arbitration courts of appeal are determined by Art. 33.1 of the Federal Constitutional Law "On Arbitration Courts in the Russian Federation".
Powers of arbitration courts of appeal:
1. Checks in the appellate instance the legality and validity of judicial acts that have not entered into legal force in cases considered by arbitration courts of the constituent entities of the Russian Federation in the first instance, re-examining the case.
2. Revises, due to newly discovered circumstances, accepted by him and entered into force judicial acts.
3. Applied to Constitutional Court RF with a request to verify the constitutionality of the law applied or to be applied in the case considered by him in the appellate instance.
4. Study and generalize judicial practice.
5. Prepares proposals for improving laws and other regulatory legal acts.
6. Analyzes judicial statistics.
In the Russian Federation there are:
1) First Arbitration Court of Appeal checking decisions made by arbitration courts Vladimir region, the Nizhny Novgorod region, the Republic of Mari El, the Republic of Mordovia, the Chuvash Republic - Chuvashia;
2) The Second Arbitration Court of Appeal, which checks the decisions taken by the arbitration courts of the Ivanovo region, Kirov region, Kostroma region, Komi Republic, Yaroslavl region;
3) The Third Arbitration Court of Appeal, which checks the decisions made by the arbitration courts Krasnoyarsk Territory, the Republic of Tyva, the Republic of Khakassia;
4) the Fourth Arbitration Court of Appeal, which checks the decisions taken by the arbitration courts of the Irkutsk region, the Republic of Buryatia, the Republic of Sakha (Yakutia), the Chita region;
5) the Fifth Arbitration Court of Appeal, which checks the decisions taken by the arbitration courts of the Kamchatka Region, Primorsky Territory, Sakhalin region;
6) The Sixth Arbitration Court of Appeal, which checks decisions made by arbitration courts Amur region, Jewish autonomous region, Magadan Region, Khabarovsk Territory, Chukotka autonomous region;
7) The Seventh Arbitration Court of Appeal, which checks the decisions made by the arbitration courts Altai Territory, Kemerovo region, Novosibirsk region, Altai Republic, Tomsk region;
8) The Eighth Arbitration Court of Appeal, which checks the decisions made by the arbitration courts Omsk region, Tyumen region, Khanty-Mansi Autonomous Okrug - Yugra, Yamalo-Nenets Autonomous Okrug;
9) the Ninth Arbitration Court of Appeal, which checks decisions made by arbitration courts of the city of Moscow;
10) the Tenth Arbitration Court of Appeal, which checks decisions made by arbitration courts of the Moscow Region;
11) The Eleventh Arbitration Court of Appeal, which checks decisions made by arbitration courts of the Penza Region, the Republic of Tatarstan, Samara region, Ulyanovsk region;
12) the Twelfth Arbitration Court of Appeal, which checks the decisions taken by the arbitration courts of the Astrakhan region, Volgograd region, Saratov region;
13) The Thirteenth Arbitration Court of Appeal, which checks the decisions taken by the arbitration courts of the Kaliningrad Region, the Murmansk Region, the Republic of Karelia, St. Petersburg and Leningrad region;
14) The Fourteenth Arbitration Court of Appeal, which checks decisions made by arbitration courts of the Arkhangelsk Region, Vologda region, Novgorod region, Pskov region, Tver region;
15) the Fifteenth Arbitration Court of Appeal, which checks the decisions taken by the arbitration courts of the Krasnodar Territory, the Republic of Adygea, the Rostov Region;
16) the Sixteenth Arbitration Court of Appeal, which checks the decisions taken by the arbitration courts of the Kabardino-Balkarian Republic, the Karachay-Cherkess Republic, the Republic of Dagestan, the Republic of Ingushetia, the Republic of Kalmykia, the Republic of North Ossetia-Alania, the Stavropol Territory, the Chechen Republic;
17) The Seventeenth Arbitration Court of Appeal, which checks decisions made by arbitration courts Perm Territory, PSP of the Arbitration Court of the Perm Territory, Sverdlovsk region, Udmurt Republic;
18) The Eighteenth Arbitration Court of Appeal, which checks decisions made by arbitration courts Kurgan region, Orenburg region, Republic of Bashkortostan, Chelyabinsk region;
19) the Nineteenth Arbitration Court of Appeal, which checks the decisions taken by the arbitration courts of the Belgorod Region, Voronezh Region, Kursk Region, Lipetsk Region, Oryol Region, Tambov Region;
20) The Twentieth Arbitration Court of Appeal, which checks the decisions taken by the arbitration courts of the Bryansk region, Kaluga region, Ryazan region, Smolensk region, Tula region;
Composition of the Arbitration Court of Appeal:
1. Presidium of the AAS.
2. Chairman of the AAS.
3. Deputy chairmen of the AAS.
4. Judicial Board for the consideration of disputes arising from civil and other legal relations:
Judicial structures.
5. Judicial board for the consideration of disputes arising from administrative legal relations:
Judicial structures.
6. Apparatus of the AAS court.
Story
The prototype of arbitration courts in pre-revolutionary Russia was commercial courts that considered trade and bill of exchange cases, cases of commercial insolvency.
In the first years after October revolution in the conditions of underdeveloped commodity-money relations, litigation between state institutions was not allowed (Decree on Court 2 // SU RSFSR 1917-1918. 26. Art. 347). Disagreements between enterprises and organizations were resolved in administrative procedure higher authorities.
With the development of economic relations, it became necessary to create special body to resolve disputes between state enterprises and organizations. In 1922, for this purpose, arbitration commissions were created in Russia. property disputes between government agencies and enterprises of various departments were decided by the Supreme Arbitration Commission under the Council of Labor and Defense and arbitration commissions at regional economic meetings, and then by the Council of People's Commissars of autonomous socialist republics, arbitration commissions under the executive committees of regions and provinces.
In May 1931, a state arbitration was formed in the system of governing bodies, designed to resolve property disputes between institutions, enterprises and organizations of the socialist economy. There were two types of arbitration - state and departmental. In state arbitration disputes of enterprises and organizations of various subordination were resolved, in departmental arbitration - subordination to one department (ministry, committee, etc.).
The last stage in the development of state arbitration is associated with the adoption of legislation on it. In 1977, after the adoption of the Constitution of the USSR, the Arbitration was recognized constitutional body. The organization and procedure for the activities of state arbitration bodies were first determined by the Law "On State Arbitration in the USSR", which was adopted on November 30, 1979.
In the Russian Federation, state arbitration was guided by the Regulations on State Arbitration, approved by resolution Council of Ministers of the RSFSR of December 5, 1980.
In 1991, the arbitration system was abolished by the Decree of the Supreme Council of the RSFSR on the entry into force of the Law of the RSFSR "On the Arbitration Court", adopted on July 4, 1991. The replacement of the arbitration system by arbitration courts was predetermined by the new economic conditions for the transition to market relations, the existence of several forms of ownership.
After the adoption of the Constitution of the Russian Federation, the first part of the new Civil Code RF, other legislation, there was a need for a new law on arbitration courts.
In 1995, the Federal Constitutional Law "On Arbitration Courts in the Russian Federation" was adopted and the Arbitration procedural code of the Russian Federation, which currently determine the system, composition and structure of arbitration courts and the procedural form of their activities.
The fundamental document that defines the powers, procedure for the formation and operation of arbitration courts of appeal is the Federal Constitutional Law on Arbitration Courts dated April 28, 1995 No. 1-FKZ "On Arbitration Courts in the Russian Federation". Paragraph 4 of Article 33.1 of this law provides for the creation of two arbitration courts of appeal in the West Siberian Judicial District, including the Seventh Arbitration Court of Appeal to verify judicial acts adopted by arbitration courts of the Republic of Altai, Altai Territory, Kemerovo Region, Novosibirsk Region, Tomsk Region.
Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated November 17, 2004 No. 28 determined the permanent residence of the Seventh Arbitration Court of Appeal in Novosibirsk.
In the future, the Plenum of the Supreme Arbitration Court of the Russian Federation, by Resolution No. 17 of April 26, 2005, amends the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of November 17, 2004 No. 28 in determining the place of permanent residence of the Seventh Arbitration Court of Appeal, setting out the third paragraph of the operative part in next edition:
"The Seventh Arbitration Court of Appeal, which checks judicial acts adopted by the arbitration courts of the Republic of Altai, Altai Territory, Kemerovo Region, Novosibirsk Region, Tomsk Region - the city of Tomsk."
The administration of the Tomsk region allocated for the work of the court administrative building with a total area of 6812 m², which is equipped with eight halls for court sessions; 78 offices for judges and court staff.
Place in the judiciary
Arbitration courts of appeal are courts for checking in the appellate instance the legality and validity of judicial acts of arbitration courts of the constituent entities of the Russian Federation adopted by them in the first instance. The powers, procedure for the formation and operation of arbitration courts of appeal are determined by Art. 33.1 of the Federal Constitutional Law "On Arbitration Courts in the Russian Federation".
The Seventh Arbitration Court of Appeal checks judicial acts adopted by the arbitration courts of the Altai Territory, the Kemerovo Region, the Novosibirsk Region, the Republic of Altai, and the Tomsk Region.
The location of the court is the city of Tomsk.
The main tasks of the arbitration court of appeal when considering cases under its jurisdiction:
protection of violated or disputed rights and legitimate interests enterprises, institutions, organizations and citizens in the field of entrepreneurial and other economic activity;
assistance in strengthening the rule of law and preventing offenses in the field of entrepreneurial and other economic activities.
The main activities of the Arbitration Court of Appeal:
verification in the appellate instance of the legality and validity of judicial acts that have not entered into legal force in cases considered by arbitration courts of the region;
revision, due to newly discovered circumstances, of the courts of first instance adopted and entered into legal force, subordinate to it;
appeal to the Constitutional Court of the Russian Federation with a request to verify the constitutionality of the law applied or to be applied in the case under consideration arbitration court;
study and generalization judicial practice;
preparation of proposals for the improvement of laws and other regulatory legal acts;
analysis of judicial statistics.
Seventh Arbitration Court of Appeal deals with the study judgments on arbitration processes. The court is the main element of control over cases, decisions on which have already been made, but have not gained legal force. The basis for the consideration of cases is appeal, which must be filled in correctly. Must be specified regulations allowing access to this court. If you are trying to fully note the decision of the first instance, since you consider it not lawful, then you need to indicate that you are submitting an application in accordance with clause 4, part 1, article 270 of the APC of the Russian Federation. If the complaint is filed on the basis of newly discovered facts that were not taken into account by the court of first instance, then paragraph 2 of part 1 of article 270 of the APC of the Russian Federation must be indicated. If the decision of the first instance does not correspond to the essence of the circumstances, then in this case the grounds for appeal to the court of appeal may be clause 3 of part 1 of article 270 of the Arbitration Procedure Code of the Russian Federation.
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Seventh Arbitration Court of Appeal: background information
Complaints are accepted by the reception of the court and the office. You can take advantage of the unique opportunity to send a complaint to in electronic format, through the "my arbiter" system. You need to pre-register on the site, after which, fill out a standard complaint form and attach copies of all documents. If your case is accepted for proceedings, you will need to provide all original documents to the court.- Address: Tomsk, st. River embankment Ushaiki, 24, 634050;
- Helpline: 611-223;
- Fax: 611-299
- Telephone code: (3822);
- Court Email: [email protected];
- Court website: http://7aas.arbitr.ru/.
Additional information about the work of the court
All procedural documents are provided exclusively to the reception or the office, they can be sent electronically, but only through the “my arbitrator” system. Sending procedural documents by e-mail is prohibited.Fax is a tool common use. Sending documents to without fail it is necessary to indicate the data of the plaintiff and the defendant, the judge and the number of the case.
On the website of the court you can find all the reference and contact information, you can also find a schedule for the appointment of judges. To make an appointment, you need to call the assistant referee. Admission is by appointment preferential categories citizens pass out of turn.
The reception of the court is a kind of reference center. There is no need to pre-register, admission is on a first-come, first-served basis.
The state fee must be paid before the application is submitted. The state duty is not paid only by privileged categories of citizens, in this case, it will be necessary to provide documents defining the rights to benefits.
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