The prerogative to administer justice in the field of entrepreneurial and other economic activities, to resolve disputes between economic entities belongs to the arbitration courts. This right is enshrined in the Constitution of the Russian Federation and is stipulated by federal legislation. There is a procedure for resolving economic disputes established in the Administrative Procedure Code of the Russian Federation.
How a claim is filed
The statement of claim, signed by the plaintiff or a person representing him, is submitted to the arbitration court in 2 copies, one of which is sent to the defendant. The statement of claim must be accompanied by a payment document confirming the payment of the established state duty. For consideration of the statement of claim and the adoption of a court decision on it, a period of 2 months is set aside from the day the arbitration court accepted this statement.
The statement of claim is drawn up according to the rules established in article 102 of the APC. It must, in a charming manner, contain all the necessary details that give it the force of a legally significant document. The text of the claim may contain information that serves as the basis for the claims. These claims, if there are several of them and they are interrelated, can be set out in one statement of claim. Forthcoming legal costs are prepaid by the party filing the claim.
After the judge reads the application, he decides to involve the defendant or another person in the resolution of the arisen economic dispute and requests from both parties the documents and evidence that the court will need to thoroughly understand the case. The judge has the right to involve in the proceedings any persons participating in this case as witnesses.
How disputes are handled
A dispute may be considered by courts consisting of three judges, one of whom is the presiding judge, or one judge in cases where this is provided by law. Every judge has equal rights with the rest. The judges listen to the opinion of the plaintiff and the defendant, the involved experts and witnesses. The course of the meeting is recorded in the minutes. If the plaintiff or the defendant is absent from the hearing, it will still be continued if the dispute can be resolved in the absence of one or the other.
The purpose of the court session is to reach an agreement between the plaintiff and the defendant, provided that it does not contradict the laws of the Russian Federation and does not infringe on the rights of third parties. The agreement is drawn up in writing, approved by the composition of the arbitration court, which also issues a ruling on the termination of the case. The decision is announced by the presiding judge after the hearing of the case is completed. This decision takes effect one month after it was made, if it has not been appealed to a higher court.
