Hello, dear readers! The blog was stagnant for a month, no new articles appeared and there was no news from me. The reason is simple - I was on vacation. I decided to take a short time out and now I’m getting back to work.

Today we’ll talk about how to determine the jurisdiction of civil cases. I have already been asked to cover the topic of jurisdiction and jurisdiction. I fulfill the request. First, I wanted to talk about both in one article. Later I realized that the article would be too voluminous and confusing. Therefore, I propose to consider everything separately.

At the end of the article you will find very useful material for downloading. So read the article carefully to the end!

What is jurisdiction?

There is no official definition of the concept of “jurisdiction” in procedural legislation.

Therefore, we will be content with the research of legal science.

Do you know what the word “jurisdiction” stands for? It comes from the phrase “to bring under the department.” In other words, this meant referring a legal matter to a certain competent government body or institution.

In short, jurisdiction means that the issue is under the jurisdiction of a specific body or institution.

Every organ in the system state power deals with matters within his competence. Any body from the local traffic police to the Government of the Russian Federation has its own range of tasks that it solves and the powers that allow it to do this.

Tax authorities supervise the timely and full payment of taxes. The notary performs notarial acts listed in the law. I think you understand and can offer another example yourself.

But we are more interested in the jurisdiction of civil courts. Everything here is not as simple as we would like. Every now and then problems arise - which court should I go to to protect my rights? To court general jurisdiction or to the arbitration court? And when challenging regulations, you need to contact Constitutional Court RF (CC RF) or in Supreme Court RF (RF Armed Forces)?

First, let's remember how our Russian judicial system works.

Judicial system in the Russian Federation

It would be much easier to simply give a diagram of the judicial system instead of a long description.

So, if we go from below, we have courts of general jurisdiction and arbitration courts. Both of these systems have recently been headed by the RF Armed Forces. Previously, the system of arbitration courts was headed by the Supreme Arbitration Court of the Russian Federation, which was abolished in 2015.

There is the Constitutional Court of the Russian Federation - a body of constitutional control. In some regions, constitutional (statutory) courts of constituent entities of the Russian Federation have been established.

Besides state courts There are also arbitration courts.

If we are not limited to Russia, that is international courts(for example, everyone knows European Court for human rights - ECHR). It also happens that the dispute may be subject to the jurisdiction of the court foreign country. Most often these are disputes over transactions with a foreign element. But not always.

Now you can go directly to the jurisdiction criteria.

General rule for determining the jurisdiction of a dispute

To further understand the issue, it is necessary to briefly consider the types of jurisdiction:

• alternative - the dispute is authorized to be resolved not only by the court, but also by another non-judicial body or official (for example, a notary, antimonopoly service, labor dispute commission, etc.);
• exceptional - the dispute can only be resolved by a court (usually this is where the question arises - which court exactly?);
• conditional - before going to court, you must comply with the mandatory requirements judicial procedure dispute resolution (in the arbitration process from June 1, it will become mandatory by force of law);
• jurisdiction determined by the connection of claims - if several claims are declared, some of which are within the jurisdiction of a court of general jurisdiction, others - of an arbitration court, and their separation is impossible, then the dispute is subject to consideration in a court of general jurisdiction.

Now we are interested in exclusive jurisdiction, when the dispute can only be resolved by a court. And conditional - if the claim is not satisfied, then you will still have to seek the truth in court.

The question arises - in which court in terms of jurisdiction? Most often, you have to choose between a court of general jurisdiction and an arbitration court (hereinafter, for convenience, I will abbreviate as SOY and AS, respectively). How to determine which of them to file a claim with?

To do this, you first need to “pass” the dispute itself through a system of two questions.

The first question is whether the dispute is economic or related to the implementation of a business or other economic activity?

If we refer to Art. 22 of the Code of Civil Procedure of the Russian Federation, then SOYU is considered:

1. lawsuits involving citizens, organizations, government bodies, bodies local government on the protection of violated or disputed rights, freedoms and legitimate interests, in disputes arising from civil, family, labor, housing, land, environmental and other legal relations;
2. cases resolved through writ proceedings;
3. cases of special proceedings specified in Art. 262 Code of Civil Procedure of the Russian Federation;
4. cases of challenging arbitration decisions and extradition writs of execution to enforce the decisions of arbitration courts;
5. cases on recognition and enforcement of decisions of foreign courts and foreign arbitration awards.

But, for example, claims can also be considered by the AC. Therefore, the Code of Civil Procedure of the Russian Federation further makes a reservation - all listed civil cases are considered by the SOJ, if they are not economic disputes and cases related to the implementation of entrepreneurial or other economic activities.

This also follows from the content of Part 1 of Art. 27 Arbitration Procedure Code of the Russian Federation.

The nature of the dispute is determined based on the essence of the relationship between the parties. It is economic if, firstly, disagreements have arisen between business entities and, secondly, regarding this activity.

It is not immediately clear what “other economic activity” is. It is not always directly related to making a profit, as is the case with entrepreneurial activity, but it still affects the economic performance of the company. For example, this may include disputes over the management of a commercial organization. It is not directly an economic activity, but is very closely related to it. Various management decisions can lead the company to different results- to making huge profits, to unremarkable results or even to complete collapse.

Therefore, corporate disputes are considered, as a rule, by the AC.

Here we come to the next question.

The second question is whether the parties to the dispute are persons carrying out entrepreneurial activity? I quote part 2 of Art. 27 Arbitration Procedure Code of the Russian Federation:

“Arbitration courts resolve economic disputes and consider other cases involving organizations that are legal entities, citizens carrying out entrepreneurial activities without forming a legal entity and having the status of an individual entrepreneur acquired in the manner prescribed by law (hereinafter referred to as individual entrepreneurs), and in cases provided for this Code and other federal laws, with the participation Russian Federation, subjects of the Russian Federation, municipalities, government agencies, local government bodies, other bodies, officials, entities that do not have the status of a legal entity, and citizens who do not have the status of an individual entrepreneur (hereinafter referred to as organizations and citizens).”

So, first of all, you need to determine the nature of the dispute. Sometimes the answer to just the first question can definitely tell which court to go to. If it is not economic, does not arise from entrepreneurial and other economic activities, then the case in the vast majority of cases will be considered by the SOJ. Even if the party to the dispute carries out entrepreneurial activities, the case will still be considered by the COY.

For example, divorce proceedings, the party of which is a citizen who is an individual entrepreneur. Yes, he carries out entrepreneurial activities, but the dispute has nothing to do with this activity.

If the dispute is economic, it is imperative to answer the second question of our system, concerning the status of the parties. In this case, the determining feature is the status of the parties. The dispute is related to economic activity and are all parties to the dispute entrepreneurs? This means that the road lies in AC.

What if one of the parties does not carry out entrepreneurial activities? Here I had a case concerning compulsion to conclude a rental agreement for residential premises. We - commercial organization. On the other side - individual, who does not have the status of an individual entrepreneur.

Where did we go with the claim? We went to SOYU. For us, this dispute is related to entrepreneurial activity. The legal entity intends to make a profit by renting out residential premises under a rental agreement. But since on the other hand there is an ordinary “physicist”, it follows from this that the jurisdiction of the dispute is under the jurisdiction of SOYU.

For those who are interested, we ultimately won this case. The court of first instance denied our claim, but the appeal overturned this decision and satisfied the claim.

However, the status of the person applying to the court is not always decisive in determining jurisdiction. Sometimes, although a citizen is not an individual entrepreneur, a dispute with his participation is subject to consideration by the Court of Justice.

Special rules for the jurisdiction of arbitration courts

From Part 2 of Art. 27 of the Arbitration Procedure Code of the Russian Federation it follows that the case can be considered by the Court of Justice in cases where this is provided for by the Code itself or another law. Although, when analyzing the case through the prism of the system of two questions discussed above, we would come to the conclusion that the case should be considered by a court of general jurisdiction.

However, based on special rules, established by Art. 33 of the Arbitration Procedure Code of the Russian Federation, arbitration courts consider the following cases:

1. about insolvency (bankruptcy), including bankruptcy of citizens;
2. many types of corporate disputes, but some of them are considered by courts of general jurisdiction;
3. on disputes about refusal to state registration, evasion of state registration legal entities, individual entrepreneurs— it seems that there is no formal legal entity or the person does not have the status of an individual entrepreneur, but the dispute is still being considered in an arbitration court;
4. on disputes arising from the activities of depositories related to the recording of rights to shares and other securities and with the implementation of the provided federal law other rights and obligations;
5. on disputes arising from the activities of state corporations and related to their legal status, the procedure for managing them, their creation, reorganization, liquidation, organization and powers of their bodies, the responsibility of persons included in their bodies;
6. on disputes regarding the protection of intellectual rights with the participation of organizations engaged in collective management of copyright and related rights, as well as on disputes within the jurisdiction of the Court for intellectual rights in accordance with Part 4 of Article 34 of the Arbitration Procedure Code of the Russian Federation;
7. on the protection of business reputation in the field of entrepreneurial and other economic activities;
8. other cases arising during the implementation of entrepreneurial and other economic activities, in cases provided for by federal law.

As you may already guess, there are some subtleties here too. For example, not all corporate disputes are considered by the AC. Some of them are looking at SOY.

The rules of jurisdiction are very difficult to describe, since it is not possible to give a universal algorithm for determining the question - whether the case is subject to consideration by the AC or whether the case is authorized to be considered by the COJ.

There are a lot of them - these special rules and exceptions. Sometimes the issue of jurisdiction is generally resolved at the level of judicial practice.

I tried to clearly outline and explain above general rules on the issue of determining jurisdiction. If we start going deeper and do it in article format, we may get confused.

Therefore, I decided to do something differently - to make a reference book on the jurisdiction of disputes. This is a table that lists, in order, the disputes under the jurisdiction of the COJ and the AU.

The guide is free, click the button and get it.

The next article will focus on. If a reference book on jurisdiction turns out to be in demand, I will make a similar one on jurisdiction. So share your opinion in the comments to the article.

PLAN

Theoretical issues

1 Jurisdiction, its types and delimitation criteria

2 Procedure and terms for consideration of the case in court supervisory authority

Zelentsova appealed to the magistrate with a claim against the Hydroproject organization for the recovery of accrued but unpaid wages in 2 months. The judge accepted the statement of claim and, in order to prepare the case for trial invited the parties for an interview. Since the administration representative admitted the claim, for the sake of procedural economy, the judge issued a court order and immediately sent it for forced execution.

Analyze the situation from the point of view of procedural law. What should the judge have done?

List of sources and literature used

1 Jurisdiction, its types and delimitation criteria

Jurisdiction- this is the property of cases, due to which their consideration and resolution are assigned by law to the jurisdiction of a certain jurisdictional body.

The term “jurisdiction” is of original Russian origin and means “to bring under the department”, to introduce any legal issue (case) into the system of institutions serving any government sector. That is, jurisdiction means that the solution to any issue is under someone else’s jurisdiction.

Jurisdiction in legal understanding is an independent civil procedural institution, the content of which is a set of civil procedural rules regardless of the law in which the norms are placed.

Basically, the rules of jurisdiction are included in procedural laws, but in some cases they are also included in substantive laws. For example, in Art. 30 of the RF IC defines the judicial jurisdiction of declaring a marriage invalid, and Art. 23 of the RF IC establishes the judicial procedure for divorce. The rules of the institution of jurisdiction are also available in the Civil Code (Articles 148, 843, paragraph 6 of Article 1055) and other codes.

The institution of jurisdiction is objectively necessary in law. In accordance with Art. 11 of the Civil Code of the Russian Federation protection of violated or disputed civil rights carried out mainly by various courts: courts of general jurisdiction, arbitration and arbitration courts. The Civil Code of the Russian Federation does not name military courts and the Constitutional Court, but they also participate in the protection of the subjective rights of citizens and organizations.

Self-defense of civil rights (Article 14 of the Civil Code) and administrative protection are also possible. Since the law assigns the courts the role of monitoring decisions made in administrative procedure(Article 11 of the Civil Code), then with such legal regulation of the institution of protection of subjective rights it is difficult to do without jurisdiction.

When determining jurisdiction legal meaning will have the characteristics of the interested parties, the nature of the legal relations in which a dispute about the law arose and is developing, etc. With the help of jurisdiction, the powers of the courts are established to administer justice on certain civil cases.

In civil proceedings, all court cases are traditionally divided into two groups - actionable and non-actionable. The first group is characterized by disputes about law, the second - all other legal issues a variety of legal relationships.

The basic principles of this institute must be recognized as follows:

Judicial jurisdiction will be legal only in relation to subordinate cases. IN otherwise judicial activity and court decisions will be void in legal terms. Thus, the judge is obliged to refuse to accept an application without jurisdiction (clause 1, part 1, article 134 of the Code of Civil Procedure); if lack of jurisdiction is revealed during the proceedings, then the proceedings are subject to termination (Article 220 of the Code of Civil Procedure). Higher courts are obliged, during the review, to cancel decisions made in cases without jurisdiction and to terminate their proceedings (Articles 328, 361, paragraph 3, part 1, Article 390 of the Code of Civil Procedure);

The parties have the right, in accordance with dispositive principles, to withdraw their dispute from civil process and submit it to the arbitration court for resolution. An exception is made for disputes arising from labor and family legal relations, since they are subject to consideration only by courts of general jurisdiction;

When combining several related claims, some of which are within the jurisdiction of the court, and others of the arbitration court, all claims are subject to consideration and resolution in a court of general jurisdiction (Part 4 of Article 22 of the Code of Civil Procedure). If it is possible to separate claims, the judge must make a ruling on the acceptance of claims within the jurisdiction of a court of general jurisdiction and on the refusal to accept claims under the jurisdiction of an arbitration court.

Consequently, the institution of jurisdiction is prerequisite legality of justice, as it ensures the smooth functioning judiciary and the proper handling and resolution of civil cases.

IN civil proceedings The bulk of civil cases within the jurisdiction of courts of general jurisdiction are so-called claims cases, since they arise from disputes about the law.

So, in accordance with Art. 22 of the Code of Civil Procedure of the Russian Federation, courts consider and resolve claims involving citizens and organizations, state authorities and local self-government for the protection of violated or disputed rights, freedoms and legitimate interests, in disputes arising from civil, labor, family, housing, land, environmental and other legal relations.

Such disputes may be related to both a violation subjective law(when the actions of one participant or as a result of his actions diminish someone’s rights - property, personal), and with its contestation (when, as a result of the behavior of a participant in the dispute, the content of the legal relationship, as well as mutual rights and obligations, becomes unclear), as reported by the interested party person going to court with statement of claim on the protection of a violated or disputed subjective right.

Courts of general jurisdiction have jurisdiction over the following categories of civil cases:

1) lawsuits involving citizens, organizations, state authorities, local governments for the protection of violated or contested rights, freedoms and legitimate interests, in disputes arising from civil, family, labor, housing, land, environmental and other legal relations;

2) cases for which a court order is issued. These are cases about claims based on:

notarized transaction; transaction made in simple writing; protest of the bill of exchange made by a notary for non-payment, non-acceptance and undating of acceptance, and other requirements specified in Art. 122 Civil Procedure Code;

3) cases arising from public legal relations (Article 245 of the Code of Civil Procedure):

on applications of citizens, organizations, prosecutors to challenge regulatory legal acts in whole or in part, if the consideration of these applications is not within the competence of other courts by federal law;

on applications to challenge decisions and actions (inaction) of state authorities, local governments, officials, state and municipal employees;

on applications for protection voting rights or the right to participate in a referendum of citizens of the Russian Federation;

other cases arising from public legal relations and referred by federal law to the jurisdiction of the court;

4) cases of special proceedings (Article 262 of the Code of Civil Procedure): on the establishment of facts of legal significance; on declaring a minor fully capable (emancipation); on forced hospitalization of a citizen in a psychiatric hospital and forced psychiatric examination and etc.;

5) cases on challenging decisions of arbitration courts and issuing writs of execution for the forced execution of decisions of arbitration courts;

6) cases on the recognition and enforcement of decisions of foreign courts and foreign arbitration awards.

In addition, courts of general jurisdiction consider and resolve cases involving foreign citizens, stateless persons, foreign organizations, organizations with foreign investments, international organizations.

If the application contains several claims of different jurisdiction, the judge accepts for consideration the claim within the jurisdiction of a court of general jurisdiction and refuses to accept claims that are not within the jurisdiction of a court of general jurisdiction. If the separation of several claims of different jurisdiction is impossible, the judge of the court of general jurisdiction accepts all the claims for his proceedings.

Civil procedural law subdivides judicial jurisdiction into four types.

Exclusive jurisdiction. This type includes categories of civil cases that are subject to consideration only (exclusively) in the courts (for example, limitation of legal capacity, deprivation parental rights and etc.). This category of cases is the largest.

Alternative jurisdiction provides the applicant with the right to seek protection of the violated right either in court or in another body. For example, appeal misconduct an official other than the court, possibly to a higher official (body).

Conditional jurisdiction assumes that before going to court it is necessary to go through an out-of-court review procedure (for example, in labor disputes).

Jurisdiction for communications claims - when a civil case has several inseparable claims of different jurisdiction, one of which is within the jurisdiction of a court of general jurisdiction, and the other - of an arbitration court.

2 Procedure and terms for consideration of a case in a supervisory court

With the most perfect legal regulation In legal proceedings, it is almost impossible to completely eliminate errors when considering and resolving specific cases by the court of first instance. Cassation proceedings, designed to eliminate such errors in court rulings, have not entered into legal force, is unable to completely rule out any violations of the law in the work of courts. Civil Procedure Code is provided short term cassation appeal, during which the persons participating in the case usually do not have time to identify the error of the decision, draw up a complaint and submit it in the prescribed manner.

For a long time, the range of cases falling under judicial jurisdiction was determined by Article 25 of the Code of Civil Procedure of the RSFSR, the Regulations on the Arbitration Court and the Law on State Arbitration.

All disputes arising in connection with civil, family, labor, and collective farm legal relations, if at least one of the parties to the dispute was a citizen, were subject to the jurisdiction of the courts, except in cases where the resolution of such disputes was assigned by law to the jurisdiction of administrative bodies.

Other cases involving citizens were within the jurisdiction of the courts only to the extent that this was directly indicated in the Civil Procedure Code of the RSFSR or another law.

Economic disputes between legal entities were considered in state or departmental arbitration.

In the 90s of the twentieth century, the institution of judicial jurisdiction underwent significant changes. A number of legislative acts are being adopted that expand the judicial jurisdiction of cases in various sectors. In particular, in 1991 the RSFSR Law “On the Arbitration Court” was adopted, in 1992 - the Arbitration Procedure Code of the Russian Federation and the Temporary Regulations on the Arbitration Court for Resolving Economic Disputes, in 1993 - the Russian Federation Law “On International Commercial Arbitration”.

In 1993, the Constitution of the Russian Federation was adopted, paragraph 1 of Article 46 of which guarantees to every person legal protection his rights and freedoms. Clause 2 of the same article establishes that decisions and actions of state authorities, local government bodies, public associations and officials can be appealed in court.

In 1995, the second Arbitration procedural code RF.

The final stage in the development of legislation regulating the jurisdiction of civil cases occurred in 2002, when the Civil Procedure Code of the Russian Federation, the Arbitration Procedure Code of the Russian Federation and the Federal Law “On Arbitration Courts of the Russian Federation” were adopted. These acts eliminated many gaps legislative regulation judicial jurisdiction.

Meanwhile, the rules on jurisdiction have become significantly more complex.

Considering the complexity of applying the rules on jurisdiction, scientists propose to determine it using criteria (signs) for delimiting the jurisdiction of cases between various systems jurisdictional authorities.

With regard to arbitration courts, scientists identify two such criteria: the nature of the dispute under consideration and the agreement of the parties.

Thus, in accordance with Article 1 of the Federal Law “On Arbitration Courts of the Russian Federation” dated July 24, 2002, legal entities, individual entrepreneurs, and citizens can submit to the arbitration court any dispute arising from civil legal relations.

In this case, the arbitration court is competent to consider the case only if the parties have concluded an agreement to submit the dispute to this court for resolution (arbitration agreement).

The arbitration court has jurisdiction only over those disputes that arise from civil legal relations. Current legislation does not allow arbitration in disputes arising from family, labor, administrative and other public legal relations, in cases of establishing facts of legal significance and in bankruptcy cases.

It is more difficult to distinguish between the competence of courts of general jurisdiction and arbitration courts.

In the scientific literature, it is proposed to determine the jurisdiction of cases to courts of general jurisdiction by the “method of exception”: if a dispute does not clearly fall within the jurisdiction of the arbitration court (see Articles 27-33 of the Arbitration Procedure Code of the Russian Federation), then it is subject to consideration in a court of general jurisdiction.

When combining several related claims, some of which are within the jurisdiction of a general civil court, and others of an arbitration court, a court of general jurisdiction is obliged to accept for proceedings the claims that fall within its competence and to refuse to accept those claims that are subject to consideration in the arbitration court. If it is impossible to separate these requirements, the case must be accepted for trial by a court of general jurisdiction in its entirety.

In August 1992, in the joint resolution of the Plenum of the Supreme Court of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation No. 12/12, the criteria for delimiting the competence of arbitration courts and courts of general jurisdiction were first formulated.

Explanations regarding the application of the rules on judicial jurisdiction are also contained in the joint Resolution of the Plenums of the RF Armed Forces and the Supreme Arbitration Court of the Russian Federation “On some issues of application of part one of the Civil Code of the Russian Federation” dated 07/01/1996; in the resolution of the Plenum of the Armed Forces of the Russian Federation No. 2 of January 20, 2003. “On some issues that arose in connection with the adoption and entry into force of the Code of Civil Procedure of the Russian Federation” and in the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation No. 11 of December 9, 2002. “On some issues related to the implementation of the Arbitration Procedure Code of the Russian Federation”, in the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated July 30, 2013 N 58 “On some issues arising in judicial practice when arbitration courts consider cases challenging normative legal acts" and in other guiding clarifications given by the highest courts.

Thus, if legislative acts do not clearly define the jurisdiction of the case, then the following should be assumed:

Firstly, from the subjective composition of the participants in the case. By general rule, the arbitration court considers cases between legal entities and individual entrepreneurs, and in courts of general jurisdiction - between citizens or citizens and legal entities.

Exceptions to this rule are listed in Article 33 of the Arbitration Procedure Code of the Russian Federation, according to which, the exclusive competence of the arbitration court, regardless of whether the parties to the dispute are legal entities, individual entrepreneurs or organizations not endowed with the status of a legal entity, and citizens not registered as individual entrepreneurs, cases included:

1) about insolvency (bankruptcy);

2) on disputes specified in Article 225.1 of the Arbitration Procedure Code of the Russian Federation (corporate disputes);

3) in disputes regarding refusal of state registration, evasion of state registration of legal entities and individual entrepreneurs;

4) on disputes arising from the activities of depositories related to the recording of rights to shares and other securities;

5) on disputes arising from the activities of state corporations and related to their legal status, the procedure for managing them, their creation, reorganization, liquidation, organization and powers of their bodies, the responsibility of persons included in their bodies;

6) on disputes on the protection of intellectual rights with the participation of organizations engaged in collective management of copyright and related rights, as well as on disputes within the jurisdiction of the Intellectual Rights Court;

7) on the protection of business reputation in the field of entrepreneurial and other economic activities;

8) other cases arising during the implementation of entrepreneurial and other economic activities, in cases provided for by federal law.

Secondly, from the nature of the activity during which the dispute arose.

The arbitration court hears cases related to the implementation of entrepreneurial (see Article 2 of the Civil Code of the Russian Federation) and other economic activities.

Disputes not related to business activities are subject to the jurisdiction of courts of general jurisdiction.

Thirdly, from the sectoral nature of the legal relationship from which the dispute arose. Arbitration courts resolve disputes arising primarily from civil and administrative legal relations. Courts of general jurisdiction also consider cases arising from labor, family, and housing relations.

Conditional jurisdiction.

This type of jurisdiction means that for a certain category of disputes or other legal issues compliance with the preliminary out-of-court procedure for their consideration acts as necessary condition their jurisdiction to the court. It is typical for conditional jurisdiction that the claim before the trial must be the subject of consideration and resolution of another body. Thus, individual disputes are considered by labor dispute commissions and courts. The procedure for the formation of commissions on labor disputes, their competence, the period for applying to the commission for labor disputes, their competence, the period for applying to the commission for labor disputes, the procedure for considering a dispute are regulated by the Labor Code of the Russian Federation (Articles 384--389). The procedure for resolving collective labor disputes also consists of a number of stages (Article 401 Labor Code RF).

A mandatory out-of-court procedure for the consideration and resolution of disputes is established in cases of filing a claim for compensation for harm caused to health, if the employer who is responsible for the harm caused to the health of workers, employees, members of collective farms and other cooperatives, citizens , working on civil contracts contract and assignment, work injury that occurred both on the territory of the employer and outside it, as well as while traveling to or from work on transport provided by the employer (Articles 2, 3 of the Rules for Compensation by Employers for Damage Caused to Workers by Injury, occupational disease and or other damage to health associated with the execution labor responsibilities, approved by the Resolution Supreme Council Russian Federation Gazette of the Russian Federation. 1993. No. 2. Art. 71 of December 24, 1992 4214--1 as amended and supplemented by the Federal Law adopted State Duma June 21, 1995).

The pre-trial (claims) procedure for resolving disputes is provided for in Art. 136--140 of the Transport Charter railways of the Russian Federation of January 8, 1998 M 2-FZ and other similar statutes on transport, as well as the Law on Communications, the Internal Code water transport, adopted on February 7, 2001 (Articles 161, 162 of the Code).

Jurisdiction of cases, determined by the connection of claims.

When combining several related claims, some of which are within the jurisdiction of the court and others of the arbitration court, all claims are subject to consideration in a court of general jurisdiction if their separation is impossible.

An objective combination of requirements is possible if there is a common ground for them.

In Art. 22 of the Code of Civil Procedure of the Russian Federation contains a rule that makes it possible to resolve issues of jurisdiction of related claims when their separation is possible. In this Article of the Code of Civil Procedure The priority jurisdiction of courts of general jurisdiction has been established in the Russian Federation.

If separation of claims is possible, the judge makes a ruling on the acceptance of claims within the jurisdiction of a court of general jurisdiction and on the refusal to accept claims under the jurisdiction of an arbitration court.

The concept of jurisdiction. Criteria for the jurisdiction of cases to the arbitration court: the nature of the controversial legal relationship, connection with the entrepreneurial activities of the subjects. general characteristics subject composition of disputes within the jurisdiction of the arbitration court. Types of jurisdiction: special, multiple jurisdiction.

Jurisdiction – this is a range of cases whose consideration legislative acts The Russian Federation is assigned to the jurisdiction of the arbitration courts of the Russian Federation (Articles 27-33 of the Arbitration Procedure Code). Based on the definitions given in the named articles of the Arbitration Procedure Code of the Russian Federation, such categories of cases include cases arising from entrepreneurial and other economic activities.

The concept of entrepreneurial activity is given in the Civil Code of the Russian Federation, which proceeds from the fact that “entrepreneurial activity is an independent activity carried out at one’s own risk, aimed at systematically obtaining profit from the use of property, the sale of goods, the performance of work or the provision of services by persons registered in this capacity in the manner prescribed by law."

Economic activity is not directly aimed at systematically generating profit as a priority goal of activity, but nevertheless generates income. By its nature, such activities have economic basis, refers to management, satisfaction of material needs and interests in the sphere of social production.

Economic disputes resolved by the arbitration court include two groups of disputes:

1) economic disputes arising from civil legal relations (Article 28 of the Arbitration Procedure Code of the Russian Federation);

2) economic disputes arising from administrative and other public legal relations (Article 29 of the Arbitration Procedure Code of the Russian Federation).

The first group of economic disputes is considered in the order claim proceedings, this includes, in particular, disputes:

About disagreements under the contract;

On changes or termination of contracts;

About non-fulfillment or improper execution obligations;

On recognition of property rights;

On the claim by the owner or other legal owner of property from someone else’s illegal possession;

About compensation of losses.

The second group of economic disputes is considered in the order administrative proceedings, this includes, in particular, disputes:

On challenging normative legal acts affecting the rights and legitimate interests applicant in the field of entrepreneurial and other economic activities, if federal law places their consideration within the competence of the arbitration court;

On challenging non-normative legal acts of state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation, local government bodies, decisions and actions (inaction) of state bodies, local government bodies, other bodies and officials affecting the rights and legitimate interests of the applicant in the field of business and other economic activities;

About administrative offenses, if federal law places their consideration within the competence of the arbitration court;

On the collection of mandatory payments and sanctions from organizations and citizens engaged in business and other economic activities, unless federal law provides for a different procedure for their collection;

Other cases arising from administrative and other public legal relations, if federal law places their consideration within the competence of the arbitration court.

As a special procedure, arbitration courts consider cases arising from civil legal relations - on the establishment of facts that have legal significance for the emergence, change and termination of the rights of organizations and citizens in the field of business and other economic activities (Article 30 of the Arbitration Procedure Code of the Russian Federation).

Rules exclusive jurisdiction are characterized by the fact that certain categories of cases are assigned to the exclusive jurisdiction of the arbitration court, regardless of the subject composition and other criteria. The use of rules of exclusive jurisdiction eliminates conflicts in the area of ​​jurisdiction and ensures uniform consideration of certain categories of cases.

According to the terminology of the Arbitration Procedure Code of the Russian Federation, the special (but more precisely, exclusive) jurisdiction of arbitration courts includes the categories of cases listed in Article 33 of the Arbitration Procedure Code of the Russian Federation. These cases are considered by the arbitration court, regardless of whether the parties to the legal relations from which the dispute or claim arose are legal entities, individual entrepreneurs or other organizations and citizens.

Rules multiple jurisdiction allow certain categories of cases to be resolved by both state (general jurisdiction, arbitration) and arbitration courts. Multiple jurisdiction, depending on the method of choosing from several jurisdictional bodies that have jurisdiction over the case by law, can be divided into contractual, mandatory and alternative.

Negotiable is the jurisdiction determined by mutual agreement sides For example, if there is an agreement between the parties, a dispute arising from civil legal relations between organizations is accepted for consideration by the arbitration court.

Imperative called jurisdiction, in which the case is considered by several jurisdictional bodies in a sequence determined by law. The following cases are covered by imperative jurisdiction:

1) before being transferred to the arbitration court, the case is subject to consideration in accordance with federal law or an agreement of the parties in a mandatory claim procedure;

2) federal law provides for a preliminary out-of-court procedure for resolving a case in an administrative manner, including the possibility of indisputably writing off funds or foreclosure on property ( tax authorities and so on.).

The claim procedure is established by federal law, for example, in the following cases:

1) for demands to change or terminate the contract, a claim may be filed by a party in the arbitration court only after receiving a refusal from the other party to the proposal to change or terminate the contract or failure to receive a response within the period specified in the proposal or statutory or by agreement, and in its absence - within thirty days;

2) according to the requirements for the carrier arising from the contract for the carriage of goods, in the manner prescribed by the relevant transport charter or code (Article 797 of the Civil Code of the Russian Federation), in particular, in accordance with Art. 125 of the Air Code of the Russian Federation; Art. 22 of the Federal Law "On Federal Railway Transport"; Art. 120 of the Federal Law "Charter railway transport Russian Federation";

3) for requirements related to the provision of services by communications organizations (Article 56 of the Federal Law “On Communications”, Article 37 of the Federal Law “On Postal Services”);

4) in Art. 104 Tax Code Russian Federation.

Alternative are called jurisdiction at the choice of the person seeking protection of his rights. In accordance with the traditionally accepted interpretation of the rules of alternative jurisdiction, a person interested in resolving a dispute has the right to apply, at his discretion, to any of the bodies named in the law. Such a choice was usually between a court or a body of administrative jurisdiction. However, according to the current legislation, an interested party, having applied for a resolution of a dispute out of court in accordance with the rules of alternative jurisdiction, is not deprived of the right to go to court.

The above categories of disputes relate to the general jurisdiction of cases assigned to arbitration courts, since when deciding whether to assign cases to the jurisdiction of arbitration courts, both criteria (the nature of the disputed legal relationship and the subject composition of the parties to the dispute) are taken into account together.

By force of law, the disputes specified in Article 33 of the Arbitration Procedure Code of the Russian Federation, namely:

1) about insolvency (bankruptcy);

2) on disputes specified in Article 225.1 of the Arbitration Procedure Code of the Russian Federation (clause 2 as amended by Federal Law No. 205-FZ of July 19, 2009), namely:

Disputes related to the creation, reorganization and liquidation of a legal entity;

Disputes related to the ownership of shares, shares in the authorized (share) capital business entities and partnerships, shares of members of cooperatives, establishing their encumbrances and exercising the rights arising from them, with the exception of disputes arising from the activities of depositories related to the accounting of rights to shares and other securities, disputes arising in connection with the division inherited property or section common property spouses, which includes shares, shares in the authorized (share) capital of business companies and partnerships, shares of members of cooperatives;

Disputes regarding claims of founders, participants, members of a legal entity (hereinafter referred to as participants of the legal entity) for compensation for losses caused to the legal entity, recognition invalid transactions committed by a legal entity and (or) application of the consequences of the invalidity of such transactions;

Disputes related to the appointment or election, termination, suspension of powers and liability of persons who are or were part of the management bodies and control bodies of a legal entity, as well as disputes arising from civil legal relations between these persons and the legal entity in connection with the implementation, termination , suspension of powers of these persons;

Disputes related to the issue of securities, including challenging non-regulatory legal acts, decisions and actions (inaction) of state bodies, local governments, other bodies, officials, decisions of the issuer's management bodies, challenging transactions made in the process of placing securities securities, reports (notifications) on the results of the issue (additional issue) of issue-grade securities;

Disputes arising from the activities of the holders of the register of securities owners related to the recording of rights to shares and other securities, with the exercise by the holder of the register of securities owners of other rights and obligations provided for by federal law in connection with the placement and (or) circulation of securities;

Convocation controversy general meeting participants of a legal entity;

Disputes regarding appealing decisions of the management bodies of a legal entity;

Disputes arising from the activities of notaries in certifying transactions with shares in the authorized capital of limited liability companies.

3) in disputes regarding refusal of state registration, evasion of state registration of legal entities and individual entrepreneurs;

4) on disputes arising from the activities of depositories related to the recording of rights to shares and other securities and the exercise of other rights and obligations provided for by federal law (clause 4 as amended by Federal Law No. 205-FZ dated July 19, 2009);

4.1) on disputes arising from the activities of state corporations and related to their legal status, the procedure for managing them, their creation, reorganization, liquidation, organization and powers of their bodies, the liability of persons included in their bodies (clause 4.1 introduced by the Federal Law of July 19 .2009 N 205-FZ);

5) on the protection of business reputation in the field of entrepreneurial and other economic activities;

6) other cases arising during the implementation of entrepreneurial and other economic activities, in cases provided for by federal law - this means that the competence of arbitration courts can continue to be expanded by establishing appropriate rules.

Considering the issue of the jurisdiction of cases of the arbitration court and the delimitation of the jurisdiction of arbitration courts and courts of general jurisdiction. It is necessary to mention the rule of “priority of general judicial jurisdiction” (Part 4 of Article 22 of the Code of Civil Procedure of the Russian Federation) - “when combining several related claims, some of which are within the jurisdiction of a court of general jurisdiction. And others - to the arbitration court; all claims are subject to consideration in a court of general jurisdiction, if these claims cannot be separated.

The practical significance of the institution of arbitration and judicial jurisdiction is manifested by procedural consequences non-compliance with the rules on the jurisdiction of the arbitration court. If the case is not within the jurisdiction of the arbitration court, the judge terminates the proceedings (clause 1, part 1, article 150 of the Arbitration Procedure Code of the Russian Federation).

Jurisdiction

Jurisdiction of cases by arbitration courts: concept, types. Transfer of cases from one court to another.

Jurisdiction falls within the competence of arbitration courts. If the rules of jurisdiction are the range of cases referred to the consideration and resolution of arbitration courts, then jurisdiction distributes cases within the jurisdiction of arbitration courts between various parts of the arbitration court system.

Patrimonial jurisdiction– differentiates cases between courts of different levels. At first instance, cases are considered by only two courts - the arbitration courts of the constituent entities of the Russian Federation and the Supreme Arbitration Court of the Russian Federation.

Section 3. Subjects of the arbitration process. Representation in arbitration proceedings

The student must:

§ have an idea of ​​the subject composition of the participants in the arbitration process;

§ know the provisions Civil Code, defining the legal personality of citizens engaged in business activities, organizations, including foreign, state and municipal entities.

AP subjects

The concept and composition of subjects of the arbitration process. Arbitration court as a participant in the arbitration process: composition, legal status, bends. Persons participating in the case: parties, third parties, applicants, interested parties. The concept of a party in the arbitration process, its characteristics. Procedural rights and responsibilities of persons involved in the case. Distinction between parties and third parties in the process, prosecutor, representatives. Succession in arbitration proceedings. Replacement of an inappropriate defendant.

Persons contributing to the administration of justice: concept, composition. Peculiarities legal status prosecutor in the AP. Forms of his participation in this type of legal proceedings, grounds for entering into the process. Participation in the AP of state bodies, local governments and other bodies.