Court fines in the arbitration process imposed by an arbitration court. The size of a judicial fine imposed on citizens cannot exceed two thousand five hundred rubles, on officials - five thousand rubles, on the organization - one hundred thousand rubles, with the exception of the following cases.
Five thousand rubles of the court fine, imposed by an arbitration court on a person carrying out the functions of the sole executive body or heading collegiate executive agency legal entity, in case of non-fulfillment judicial definition notify the initiation of production in the case, subject and on the basis of the claimed court of Arbitration Requirements, about other circumstances of the dispute of participants in this legal entity, persons who are part of its management bodies and controls, as well as the register of the owners of securities of this legal entity and (or) the depositary engaged in accounting rights to emissions securities This legal entity.
In case of non-fulfillment of the obligation to notify persons participating in the case and legal entity, in certain laws, on the person who applied to the application for ensuring the claim (if a legal entity applied to ensure the claim, a lawsuit is applied to a person carrying out The functions of the sole executive body or the head of the collegial executive body of this legal entity), an arbitration court may be imposed a judicial fine, which is superimposed on citizens, is two thousand five hundred rubles, on persons carrying out the functions of the sole executive body or heading the collegial executive body of a legal entity, - five thousand rubles.
On the person who felt in defense of rights and legitimate interests Groups of persons in case of their abuse procedural rights or the arbitration court of their procedural duties is entitled to impose a lawsuit that being superimposed on citizens is two thousand five hundred rubles, on persons who carry out the functions of the sole executive body or heading the collegial executive body of a legal entity - five thousand rubles, on organizations - ten thousand rubles.
The Arbitration Court has the right to impose a lawsuit on persons participating in the case, and other people present in the hall of the court hearing for their disrespect for the arbitration court. The judicial penalty for disrespecting the court is imposed if the perfect actions are not entitled criminal liability.
Court fines imposed by the Arbitration Court on officials of state bodies, organs local governments and other organs, organizations, are charged from their personal funds.
Court fines are charged with the federal budget.
The question of the imposition of a judicial fine on the person present in court sessionis permitted in the same court session of the Arbitration Court.
The question of imposing a lawsuit on a person who is not present at the court hearing is permitted in another court session of the Arbitration Court.
A person in respect of whom the issue of imposing a court finance is considered about the time and place of the court session with the basis of the foundations of the court session. The failure to appear properly notified person is not an obstacle to the consideration of the application for the imposition of a court finance.
According to the results of consideration of the issue of imposing a judicial fine, the Arbitration Court makes a definition.
A copy of the definition of the imposition of a judicial fine is directed to the person to which the penalty is imposed on five days from the date of determination.
The definition of the imposition of a judicial fine is provided to be executed immediately in the manner prescribed for the execution of the decision of the Arbitration Court.
The executive list is sent by the Arbitration Court of the bailiff - the Contractor at the place of residence or the location of the face, which is imposed by a court penalty.
The definition of the arbitration court on the imposition of a judicial fine may be appealed during the ten-day period from the date of receipt by the face that a court fin rate is imposed, copies of the definition.
The filing of the complaint to the definition of an imposition of a judicial fine does not suspend the execution of the definition.
Trial it is a measure of the property impact (sanction) applied by an arbitration court for procedural offenses allowed in connection with the failure of the duties established by the agro-industrial complex.
The judicial fines are inherent in the following Signs.
Firstly, a lawsuit is dimension state coercion as a way to implement legal duties, but used under the arbitration process. This is the difference between a court finance from a fine in civil, criminal, administrative lawwhere they apply for the relevant civil, criminal and administrative offenses.
Secondly, court fines imposed by an arbitration court .
Thirdly, court fines apply in relation to persons participating in the case and other persons who have certain responsibilities for the trial.
Fourth, base imposition and fineness of fines specified in the APC . Thus, the size of a judicial fine imposed on citizens cannot exceed 2,500 rubles, 5,000 rubles on officials - 100,000 rubles (part 1 of Art. 119 APC). Other sizes are installed for corporate disputes (Art. 225.4, 225.6 APK) and group production (Art. 225.12 APC).
Fifth, fines are charged from personal funds of fined citizens , Including in cases where they are imposed on officials.
At sixth, fines are charged in the federal budget .
V-seventh, payment of a fine does not exempt from the fulfillment of the relevant procedural duty In this connection, when repeated violation, the penalty may be imposed again.
Penalties are imposed in cases specified in Part 9 of Art. 66, Part 2 Art. 96, part 5 tbsp. 119, Part 5 of Art. 154, Part 3 Art. 210, Art. 331 APK, etc.
The procedure for considering the application for the imposition of a court fine. The question of imposing a lawsuit on a person present at the court session of the Arbitration Court, permitted in the same court session . In relation to persons not present at the court hearing, the issue of imposing a fine is permitted in another court session of the Arbitration Court.
The person in respect of whom the issue of imposing a court finance is considered. notified about the time and place of the court session with the basis of the foundations of the court session. The failure to appear properly notified person is not an obstacle to the consideration of the application for the imposition of a court finance.
According to the results of consideration On the imposition of a court fine, the Arbitration Court makes it definition A copy of which is sent to the person to which the penalty is imposed on 5 days from the date of determination. Based on the specific circumstances of the perfect procedural offense The arbitration court determines the size of the fine, since in Art. 119 APK shows only their upper limit.
it is possible to execute immediately in the manner prescribed for the execution of the decision of the Arbitration Court . The executive list is sent by the Arbitration Court to the bailiff at the place of residence or the location of the person who is imposed by a judicial fine.
Definition on the imposition of a judicial fine may be appealed at 10 days From the date of receipt by the face that a court fin rate is imposed, copies of the definition. However, the filing of the complaint to the definition of the imposition of a court finance does not suspend the execution of the definition.
48. Judicial proceedings in the arbitration process: the concept, goal and timeline. Order.
Trial He is an independent stage of the arbitration process. The main task This stage is the consideration of the dispute on the merits.
Trial occurs In a meeting of the Arbitration Court, during which the Arbitration Court directly examines the evidence and establishes actual circumstances, on the basis of which the legitimate and reasonable decision makes it possible.
Trial - home, Central Stage of the Arbitration Process . It is at this stage that the fundamental principles of arbitration procedural law appear, i.e. Actually, at this stage, arbitration courts carry out justice by performing the tasks of arbitration proceedings.
Although all said equally applies to judicial proceedings In all instances, nevertheless the most bright principles of justice and the arbitration process are particularly manifested at the stage of the trial passing in the Arbitration Court of First Instance.
Term of consideration of the case . APC RF set (Art. 152) a single term of consideration : 3 months from the date of receipt of the application to the Arbitration Court, including the term for the preparation of a case for trial and to make a decision on the case, if the APC of the Russian Federation is not established otherwise. Calculation of the term Considering the case is made by general rules Calculating the procedural deadlines established by ch. 10 APC RF.
3-month term of consideration may be extended Based on the motivated statement of a judge considering the case, the chairman of the arbitration court up to 6 months Due to the special complexity of the case, with a significant number of participants in the arbitration process. Wherein time which production in the case was suspended or legal proceedings delayed In cases provided for by the APC RF, not included in a 3-month term consideration of the case, but taken into account when determining reasonable period legal proceedings.
In some cases, requiring operational judicial intervention in conflict, legislation establishes abbreviated time consideration of cases, for example, on the decisions of administrative authorities on attracting administrative responsibility - 2 months.
At the hearing should be ensured allowing you to create full-fledged conditions for all participants in the process. One of the components that ensure order are external attributes of respect for the court As the head of the process and the person endowed with the right on behalf of the state, to make justice. All persons present in the meeting room are obliged to get up at the entrance of the judges and standing to listen to the decision of the arbitration court.
All speeches at the court session, explanations, answers to questions meeting participants give standing . The retreat 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, constantly getting up (due to physical disadvantages or health status).
The meeting should be carried out in conditions that ensure the work of the court and the safety of the participants of the arbitration process. Ensuring the safety of the participants in the process and order at the hearing is entrusted to the bailiff service. By decision of the judge, guiding the court, in the hall, where it passes (with a large number of or in the presence of particularly emotional participants), may be bailiffs By provision installed order activities of ships.
In accordance with Part 7 of Art. 11 APC RF Persons present in open court session (regardless of whether they are the participants or just listeners), have the right to do in the course of the meeting written notes , as well as perform sound recording; The judge is not required for the commission of these actions.
Cinema and photography, as well as the translation of the court session is allowed only with the permission of the judge presiding in the meeting. Time shooting and broadcasts can be limited to the court in time: at the request of the meeting participants or in the event that they interfere with the order at the court session.
In case of non-compliance with those present in the meeting room by persons of the order: speech without the permission of a judge or shouting from place, barring with a judge, interference with the performance of participants in the process, the assumption of offensive attacks in relation to those present in the hall of persons, etc., - judge i warns them about the inadmissibility of the violation of the order and has the right to remove such a face from the hall immediately, in the presence of one violation, depending on the degree of offense . It can be removed as a participant in the process and the listener present in the meeting.
In addition to the removal from the meeting room, the judge may subjected the person who violates the order in the meeting, such a type of responsibility as judicial fine . The need to attract the offender to judicial liability is determined by the degree of violation and discretion of the judge. The question of the imposition of a court finance is considered in the same court session (when - immediately after committing a violation or at the end of the meeting - is determined by the judge) in the presence of the offender.
Successfulness of the trial Significantly determined by the judge chairing the court session. In accordance with Art. 153 APC RF The presidential discovers the court session, conducts the preparatory part of the proceedings, determines the procedure for making the meeting, leads the meeting, takes measures to ensure the procedure, leads and signs the minutes of the court session, declares the decision.
The chairperson in the meeting, considered by the Arbitration Court, may be any judge of the Arbitration Court: Chairman of the Court, his deputies, chairman and judicial judges ( arbitration meeting Chairman at the meeting can not - Part 7 of Art. 19 APC RF). In cases where the consideration of the case is made by the Court's collegial composition, one of the judges of the composition considering this case is prescribed in the meeting.
The trial is carried out in a strict sequence.provided for by the APC RF. The legal proceedings in the arbitration courts are customary to be divided into 3 stages: preparatory, consideration of the case on the merits, decree and declaration of the decision.
Trial It is a measure of property impact (sanction) applied by the Arbitration Court for procedural offenses allowed in connection with the failure of the duties established by the APC RF.
The size of the judicial fine imposed on citizens cannot exceed 2500 rubles, on officials - 5,000 rubles, on the organization - 100,000 rubles (part 1 of Art. 119 of the APC RF). Other sizes are installed for corporate disputes (Art. 225.4, 225.6 of the APC RF) and group production (Art. 225.12 of the APC RF).
The Arbitration Court has the right to impose a lawsuit on persons participating in the case, and other people present in the hall of the court hearing for their disrespect for the arbitration court. The judicial penalty for disrespects for the court is imposed if the committed actions are not entitled to criminal liability.
Court fines imposed by an arbitration court on government officials, local governments and other bodies, organizations, are charged from their personal funds.
Court fines are charged with the federal budget.
Payment of the fine does not exempt from the execution of the relevant procedural duty, in connection with which repeated violation The penalty can be imposed again.
The question of the imposition of a judicial fine on a person present at the court session of the Arbitration Court is permitted in the same court session. In relation to persons not present at the court hearing, the issue of imposing a fine is permitted in another court session of the Arbitration Court.
A person in respect of whom the issue of imposing a court finance is considered about the time and place of the court session with the basis of the foundations of the court session. The failure to appear properly notified person is not an obstacle to the consideration of the application for the imposition of a court finance.
According to the results of consideration of the issue of the imposition of a judicial fine, the Arbitration Court makes a definition, a copy of which is sent to the person to which the penalty is imposed in 5-day Deadline from the date of determination. Based on the specific circumstances of the perfect procedural offense, the arbitration court determines the size of the fine, since in Art. 119 APC RF is indicated only by their upper limit.
The definition of the imposition of a judicial fine is provided to be executed immediately in the manner prescribed for the execution of the decision of the Arbitration Court. The executive list is sent by the Arbitration Court to the bailiff at the place of residence or the location of the person who is imposed by a judicial fine.
The definition of the imposition of a judicial fine may be appealed to 10-daythe term from the date of receipt by the person to which a court fin rate is imposed, copies of the definition. However, the filing of the complaint to the definition of the imposition of a court finance does not suspend the execution of the definition.
Penalties are imposed in the following cases.
For non-fulfillment of duties in the sphere of evidence:
In case of non-fulfillment, the obligation to present the proof by the court for reasons recognized by the arbitration court disrespect (part 9 of Article 66 of the APC RF).
For non-fulfillment of responsibilities related to ensuring the claim:
For non-fulfillment of the definition of the provision of a claim by the person who is entrusted with the court on the execution of security measures (part 2 of Art. 96 of the APC RF).
For violation of the order at the court hearing, for disrespect for the court:
For persons participating in the case and other court hearing those present in the hall of the court session for their disrespect for the arbitration court, if perfect actions do not entail criminal liability (part 5 of Art. 119 of the APC RF);
For violation of the order at the court hearing or in the case of unsubsifying legal orders of the presiding order (part 5 of Art. 154 of the APC RF).
In case of failure without good reasons At the court hearing, when the appearance of the relevant person was recognized as an arbitration court of mandatory:
In case of failure to appear at the court hearing of persons involved in the case when their appearance was recognized as an arbitration court of mandatory (part 4 of Art. 156 of the APC RF);
In case of failure to appear at the court hearing of the expert, the witness, the translator, properly notified of the time and place of the court hearing, with a non-appearance of the court for reasons, recognized judgment disrespectful (part 2 of Art. 157 APC RF);
In case of failure to appear at the court session of representatives of state bodies, local governments, other bodies, officials who accepted the challenged normative actwhen their appearance was recognized by the court of mandatory (part 3 of Art. 194 of the APC RF);
In case of failure to appear at the court session of representatives of state bodies, local governments, other bodies, officials who have accepted an abnormative act, the decision, or those who have accomplished (inaction), when their appearance was recognized by the court of mandatory (part 3 of Art. 200 apk Rf);
In case of failure to appeal to the court session of the representative administrative authorityas well as persons with respect to which the Protocol is compiled administrative offense (Part 4 of Art. 205 APC RF);
In the event of a non-appearance of the representative of the Administrative Body, who adopted a disputed decision to bring to administrative responsibility, and the persons who applied to the court with a statement when their appearance was recognized as an obligatory arbitration court (Part 3 of Art. 210 of the APC RF);
In case of failure to appear in the court session of persons participating in cases of recovery mandatory payments and sanctions when it is recognized as a mandatory court (Part 3 of Art. 215 APC RF).
For offenses in the field executive proceedings by judicial acts Arbitration Courts:
For the loss of transferred to execution executive Sheetissued by the Arbitration Court (Art. 331 of the APC RF);
For the failure to fulfill the judicial act of the Arbitration Court for recovery money from the debtor in the presence of funds on his bank accounts or other credit Organizationwho carry out the service of the accounts of this debtor and which the executive list is presented to the executive list (part 1 of Art. 332 APC RF);
For non-fulfillment of the actions specified in the executive list, the face to which these actions is entrusted (part 2 of Article 332 of the APC RF).
Trial It is a measure of property impact (sanction) applied by the Arbitration Court for procedural offenses allowed in connection with the failure of the duties established by the APC RF.
Signs of judicial fines:
1) represent a kind of state measures. Forcing as a way to implement legal duties, but used in the arbitration process.
2) imposed by an arbitration court.
3) apply to persons participating in the case and other persons who have certain responsibilities for the trial.
4) the base of the imposition and the size of the fines are indicated in the APC RF. Thus, the size of a judicial fine imposed on citizens cannot exceed 2500 rubles, 5,000 rubles on officials - 100,000 rubles (part 1 of Art. 119 of the APC RF). Other sizes are installed for corporate disputes (Art. 225.4, 225.6 of the APC RF) and group production (Art. 225.12 of the APC RF).
5) accumulated from personal means of fined citizens, including in cases where they are imposed on officials.
6) Claim into the federal budget revenue.
7) Payment of the fine does not exempt from the execution of the relevant procedural duty, and therefore, when repeated violation, the penalty may be imposed again.
Penalties are imposed in cases of certain AIC, in particular:
- In case of non-fulfillment, the obligation to submit a proof of the judgh by the court for reasons recognized by the arbitration court disrespect (part 9 of Article 66 of the APC RF);
- for the failure to fulfill the definition of the provision of a claim by the person who is entrusted with the court to enforce security measures (part 2 of Art. 96 of the APC RF);
- on persons participating in the case, and other court sessions present in the hall of the court hearing for the disrespect for the arbitration court, if committed actions are not entitled to criminal liability (part 5 of Art. 119 of the APC RF);
- For the non-fulfillment of the action specified in the executive list, the face that these actions are entrusted with (part 2 of Art. 332 of the APC RF).
Also, in case of failure to appear, no good reasons for the court session, the fines are imposed on the relevant persons when their appearance was recognized as an arbitration court of mandatory (in particular, those involved in the case; expert, witness, translator; representative of the administrative body, as well as persons, in With respect to which a protocol on an administrative offense; persons participating in cases of recovery of mandatory payments and sanctions).
The procedure for considering the application for the imposition of a court fine.
The question of the imposition of a lawsuit on a person who is present at the court session of the Arbitration Court is permitted in the same court session, and in relation to persons not present at the court session, in another court session of the Arbitration Court.
A person in respect of whom the issue of imposing a court finance is considered about the time and place of the court session with the basis of the foundations of the court session. The failure to appear properly notified person is not an obstacle to the consideration of the application for the imposition of a court finance.
According to the results of consideration of the issue of the imposition of a court fine, the Arbitration Court makes a definition, a copy of which is sent to the person to which the penalty is imposed on 5 days from the date of determination. Based on the specific circumstances of the perfect procedural offense, the arbitration court determines the size of the fine, since in Art. 119 APC RF is indicated only by their upper limit.
The definition of the imposition of a judicial fine is provided to be executed immediately in the manner prescribed for the execution of the decision of the Arbitration Court. The executive list is sent by the Arbitration Court to the bailiff at the place of residence or the location of the person who is imposed by a judicial fine.
The definition of an imposition of a judicial fine may be appealed to 10-day. The term from the date of receipt by the person to which a court fin rate is imposed, copies of the definition. The filing of the complaint to the definition of an imposition of a judicial fine does not suspend the execution of the definition.
Arbitration Fines in the Arbitration Process
Arbitration costs and fines
1. Arbitration courts, their tasks and functions
1.1 Short story Development of arbitration courts
1.2 System of Arbitration Courts of the Russian Federation
1.3 Who and how can the judge of the Arbitration Court be?
1.4 For how long judges are appointed arbitration courts?
1.5 Composition of Arbitration Courts of the Russian Federation
1.6 Tasks and functions of arbitration courts
2. The concept of the arbitration process and arbitration procedural law
2.1 What is the arbitration process?
2.2 What legal relations arbitrate in the arbitration process?
2.3 Arbitration Process as a branch of law, like science and as an educational discipline
2.4 Stages of the Arbitration Process
3. Principles of arbitration procedural law
3.1 Principles of the Arbitration Process and their meaning
3.2 System (Composition) of the Principles of the Arbitration Process
3.3 What principles underlie the organization of the system of arbitration courts?
3.4 What functional principles Act in the arbitration process?
4. Pre-trial (complicated) procedure for regulating economic disputes
4.1 What is certifying order dispute settlement?
4.2 When the pre-trial procedure for resolving disputes is required?
4.3 What is a complaint?
4.4 What are the consequences of violation pre-trial order dispute settlement?
5. Involism and jurisdiction of economic disputes and other cases of arbitration courts
5.1 What is the jurisdiction of cases to arbitration courts?
5.2 What are the cases jumped by arbitration courts?
5.3 What is the jurisdiction of cases to arbitration courts?
5.4 Rules for determining territorial jurisdiction
6. Participants of the arbitration process
6.1 Who is the subject of arbitration procedural relations?
6.2 In what part of the Arbitration Court may consider the case?
6.3 Who are the arbitration assessors?
6.4 The foundations and procedure for the discharge of the judges of the Arbitration Court
6.5 What is the composition of the persons participating in the case?
6.6 Who can be a party in the arbitration process?
6.7 What are the procedural rights and responsibilities of the parties?
6.8 What should I do if in the process involved in the improper side?
6.9 What is a procedural succession?
6.10 Who is called third parties in the arbitration process?
6.11 Forms of the participation of the prosecutor in the arbitration process
6.12 When in the case take part state bodies, Local governments and other bodies?
6.13 Procedural position of the participants in the process that promote justice
6.14 What is a representative office in the arbitration process?
7. The lawsuit in the arbitration process
7.1 Concept of claim in the arbitration process
7.2 What happens when several claims are made?
7.3 How is the claim going?
8. Evidence in the arbitration process
8.1 Evidence and their types
8.2 Requirements for evidence in the arbitration process
8.3 Procedure for the provision of evidence by the Arbitration Court
8.4 Who is the subject of evidence in the arbitration process?
8.5 How is it determined by the subject of proceedings in the case in the arbitration process?
9. Arbitration and fines
9.1 Concept and types of arbitration costs
9.2 for which paid national tax, its size?
9.3 The procedure for payment of state duty
9.4 Who can be exempted from paying the state duty?
9.5 What is part of the costs associated with the consideration of the case?
9.6 Rules for the distribution of court costs
9.7 For that the arbitral tribunal can recover a fine?
10. Procedural time
10.1 What procedural time exist in the arbitration process?
10.2 Consequences of skipping procedural period
11. Arbitration of the case in the Arbitration Court
11.1 What is the content and value of the production stage of production?
11.2 How to make a statement of claim?
11.3 Procedure for the Claim in the Arbitration Court
11.4 For what grounds, the arbitration court may refuse to accept the claim?
11.5 What rights arise from the defendant and other persons participating in the case after receiving a copy of the claim?
12. Preparation of case for trial.
12.1 The value of the preparation of the case for a trial
12.2 What procedural actions can judge when preparing the case?
12.3 What order is established for judicial notions and call to the arbitration court?
13. Resolution of disputes in the meeting of the Arbitration Court.
13.1 Essence and value of the stage of trial
13.2 In what time frame should the case should be considered?
13.3 Order at the court
13.4 What is world Agreement parties?
13.5 In what happening the case may be postponed?
13.6 When the proceedings can be suspended?
13.7 In which case the proceedings can be completed without making a decision?
13.8 Protocol of the court session of the Arbitration Court
14. Resolutions of the Arbitration Court
14.1 What orders can the Arbitration Court take?
14.2 Decision of the Arbitration Court
14.3 What are the requirements for the decision of the Arbitration Court?
14.4 What does the concept of "ensuring the solution" mean?
14.5 What is the legitimate force of decisions of the Arbitration Court?
14.6 What definitions can make an arbitration court?
15. Production to revise decisions
15.1 Types of production on the revision of the decision of the arbitration courts?
15.2 Production in the Court of Appeal
15.3 What judicial act Maybe an appeal object?
15.4 What is specified in appeal complaint And what time is it served?
15.5 What arbitration courts consider appeals, complaints?
15.6 How is the production in the appellate instance?
15.7 Production in the court of cassation instance
15.8 When and how can be filed appeal? What is its maintenance?
15.9 How and what time frame is a cassation complaint?
15.10 Production in supervision
15.11 Procedure for Consideration of Protests
15.12 Stage of revision on newly discovered circumstances, definitions and decisions of the Arbitration Court, who have entered into legal force
15.13 The procedure for filing and consideration of applications for the revision of the judicial act on newly discovered circumstances
16. Execution of arbitration judicial acts
16.1 Essence of enforcement proceedings
16.2 Who is a participant in enforcement proceedings?
16.3 What rights do you have and what responsibilities are parties
executive production and their representatives?
16.4 What is the procedure for appealing the actions of the bailiff?
16.5 The role of witnesses in enforcement proceedings
16.6 What is an executive list?
16.7 The procedure for initiating enforcement proceedings. When possible forced execution Decisions of the Arbitration Court?
16.8 How is the recovery of the debtor's property?
16.9 What is the procedure for the distribution of recovery amounts between the recovers?
16.10 What is the responsibility for the failure to fulfill the judicial act?
17. Resolution of economic disputes by the Arbitration Court
17.1 What is the Arbitration Court?
17.2 Excitation and consideration of the case in the arbitration court
17.3 Decision in the Arbitration Court. The procedure for execution of the decision of the Arbitration Court
18. Foreign persons. Cooperation of arbitration courts of various states
18.1 What procedural rights are used by foreign individuals?
18.2 Competence of the Arbitration Courts of the Russian Federation for Affairs with the participation of foreign persons?
18.3 How is cooperation and mutual assistance of arbitration courts?
18.4 What significance of international treaties in the activities of arbitration courts?
Trial - Property sanction applied by the court in the manner prescribed by law as a measure legal responsibility Subjects for non-fulfillment of their duties.
Penalties are introduced as a punishment of a person who does not fulfill the duties assigned to it, and as a preventive measure. The imposition of a fine should discipline citizens and officials.
Putting fines It can be carried out with respect to all citizens and officials:
1) Participating in the case of persons.
2) persons promoting the implementation of justice. With the failure to appear witnesses, experts, specialists, translators for reasons recognized by the court disrespectful, it may be imposed on them.
3) persons who are not participating in the process:
1. The general legal basis for the imposition of a fine on officials and citizens who are not related to the participants of the process is non-compliance with court decisions, as well as legitimate orders, requirements, instructions, challenges and other appeals.
2. Citizens present in the hall can be fined in violation public order.
Subjects authorized by law to impose a fine are the judge solely or the court collegiates depending on how the case is considered unique or collegially.
Principles of imposing court fines:
1. Payment of the fine does not exclude the need to commit the prescribed duties;
2. It is possible a repeated imposition of a fine;
3. executive Must pay a fine of its funds.
Penalties are established in many cases in the APC. The size of the fine is determined in solid amounts.
The question of the imposition of a judicial fine on a person present at the court session is permitted in the same court session. In relation to persons who are not present at the court session, the issue of imposing a fine is permitted in another court session
A person in respect of whom the issue of imposing a court finance is considered about the time and place of the court session with the basis of the foundations of the court session. The failure to appear properly notified person is not an obstacle to the consideration of the application for the imposition of a court finance.
According to the results of consideration of the issue of imposing a judicial fine, the AC makes a definition, a copy of which is sent to the person to which a fine is imposed on five days from the date of determination.
The definition of the imposition of a judicial fine is provided to execution immediately in the manner prescribed to execute the decision of the AU. The executive list is sent by the band bailiff at the place of residence or the location of the person who is imposed by a court penalty.
The definition of the imposition of a judicial fine may be appealed to 10 days from the date of receipt by the person who is imposed by a judicial fine, copies of the definition. But the filing of the complaint about the definition of the imposition of a court finance does not suspend the execution of the definition.
A court finance is a property sanction applied by the court in the manner prescribed by law, as a measure of the legal responsibility of the subjects for non-fulfillment of their duties. Penalties are introduced as a punishment of a person who does not fulfill the duties assigned to it, and as a preventive measure. The imposition of a fine must disciplines
Procedural time - stipulated by law or by the court appointed a certain interval or the moment of time with which procedural law Binds the ability (necessity) of specific procedural actions or the onset of other legal consequences.
Procedural actions are committed in procedural deadlines established by the Federal Law. If the deadlines are not installed federal lawThey are appointed by the court.
The main feature of the procedural deadlines is that they set the intervals (moments) of precisely procedural actions (or entertain specific procedural consequences). Procedural time can not affect the content of the controversial logistical relationship.
Types of time:
Depending on how the norm (general or special) is established procedural time, they can be classified into general and special. For example, total time Consideration and permits of arbitration cases - until the expiration of the month from the date of determination of the court on the appointment of a case for a trial - 3 months. Special term of consideration and permits of cases of attracting administrative responsibility - 2 month.
According to Subjectswhich they are addressed should be allocated:
1) deadlines established by law:
1. Terms of completion of proceedings by the court;
2. Terms of completion of procedural actions by persons involved in the case.
2) Dates appointed by the court:
1. Terms of completion of the procedural actions by persons involved in the case;
2. Timing to fulfill the court orders by persons who are not involved in the case.
Processing time can be determined:
1) the exact calendar date indicating a specific time;
2) an indication of the event that should inevitably come;
3) time period. In the case when the procedural period is determined by the period of time, the procedural action can be performed during the entire period.
Rules for calculating procedural deadlines.
The course of the procedural period, calculated by the years, months or days, begins the day after the date or onset of the event, which is determined by its beginning.
End of procedural timing:
1) The procedural period calculated by the years expires at the corresponding month and the number of the last year of the term.
2) the period calculated by months expires to the corresponding number last month term. In the event that the end of the period calculated by the month is accounted for for such a month, which does not have the corresponding number, the term expires on the last day of this month.
3) In case the last day of the procedural period accounts for non-working day, the end of the deadline is considered the next working day behind it.
Procedural action, for which the procedural period is established, can be committed to twenty-four hours last day term. In case the complaint, documents or cash issues were commissioned to the organization of postal communication to twenty-four hours of the last day, the term is not considered missed.
In case the procedural action should be made directly in court or other organization, the term expires at that time when the work day or this organization ends at this organization or the relevant operations are terminated.
The flow of all non-sufficient procedural terms is suspended simultaneously with the suspension of the proceedings. From the date of resumption of production on the case, the course of procedural deadlines continues.
From the suspension there is a break of the procedural timing. After the break, the procedural time begins to be calculated again from the very beginning, and the time expired before the break is not counted in new term. Only the deadline for the execution of the decision to execute, as well as the partial execution of the solution can be interrupted. In the case of the return of the executive list, the recoverer due to the impossibility of its execution a new term for presenting an executive list to execution is calculated from the date of its return.
The procedural deadlines appointed by the court for actions committed by the participants of the process and other persons are obliged to fulfill the prescriptions of the court can be extended by the court. Extension of terms is carried out under the general rules provided for for their recovery.
It should be distinguished the extension of procedural timing from their recovery. Only dates established by the court can be extended, and the deadlines established by law are restored.
Restoration of missed procedural terms is carried out at the request of the person participating in the case. The application for the restoration of the missed procedural term is submitted to the court in which the procedural effect has been made, and is considered at the court hearing. At the same time, the required procedural action must be made on the recovery period of the period, for which the term was missed (the complaint was submitted.
The petition for the restoration of the missed procedural term is considered at the court session without the notice of persons participating in the case, unless otherwise provided by the Code, within five days from the date of its receipt in the AC
As in the case of renewal of the procedural term, the basis of the recovery is the presence of valid causes of passage.
Regardless how the issue of restoration of the procedural term is allowed, the court is obliged to make a separate judicial act - definition. Not only the definition of refusal to restore the missed procedural term can be appealed to the restoration of the court on its restoration.
The consequences of passing procedural deadlines.
1) termination of the existing law and the impossibility of its implementation;
2) Restoration, extension of the procedural term and the implementation of the right to which should be committed within this period.
In case of violation of the deadlines, other legal consequences. For example, the imposition of a fine .
Lesson 2. Form and content of the claim,
Statement of claim Served in the arbitration court in writing. The statement of claim is signed by the plaintiff or his representative.