Trial is a measure of property impact (sanction) applied 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 . So, the size of a judicial fine imposed on citizens cannot exceed 2,500 rubles, officials - 5,000 rubles, on the organization - 100,000 rubles (part 1 of Art. 119 APK). 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 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 . Performance list He sent by the Arbitration Court to the bailiff at the place of residence or the location of the face, which is imposed by a court penalty.
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. Trial In the arbitration process: concept, goals and timing. 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 manifests procedural law. Actually, at this stage, arbitration courts carry out justice by performing the tasks of arbitration proceedings.
Although all said equally applies to legal proceedings in all instances, nevertheless the most bright principles of justice and the arbitration process in particular are 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 Calculations procedural deadlinesMounted 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.
Otherwise, a trial of arbitration procedural legislation is procedural sanctions in the form of monetary issues:
for evading the subjects of civil procedural relations from the fulfillment of their duties or requirements of the court;
behind the subjects of civil procedural relations disrespect for the arbitration court.
Court fines are thus ensuring the fulfillment of the requirements of procedural legislation and serve as a measure of responsibility for its violation.
Signs of judicial fines:
this is a kind of state coercion measures, but used under the arbitration process;
imposed by an arbitration court;
apply to those involved in other persons who have certain responsibilities regarding the court;
the bases of imposition and the size are indicated in the APC RF (Art. 119);
accumulated from personal funds of fined citizens (including officials);
accumulated in the income of the federal budget;
the payment of the fine does not exempt from the execution of the relevant procedural duty, and therefore, when repeated violation, the fine may be imposed again.
According to Art. 120 APC RF Question of the imposition of a judicial fine is permitted:
on a person present at the court session - in the same court session of the Arbitration Court;
the face that is not present at the court session is in another court session of the Arbitration Court.
Penalties are imposed in the following cases:
for non-fulfillment of duties in the sphere of evidence;
for non-fulfillment of responsibilities related to ensuring the claim;
for a violation of the order at the court hearing, for disrespect for the court (if perfect actions are not entitled to criminal liability);
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;
for offenses in the field of enforcement proceedings judicial acts Arbitration courts.
38. Duty notices in the arbitration process.
The Arbitration Court informs those involved in the case, and other participants of the arbitration process. of the statement or statements to the production and initiation of production in the case, about the time and place of the court session or the commission of a separate procedural action by sending a copy judicial act No later than fifteen days before the start of the court session or the commission of a separate procedural action, unless otherwise provided by the APC RF.
In case of failure to appear at the court session of the person participating in the case, if the court has no information about the notice of it about the time and place of the trial, the arbitration court is obliged to postpone the trial.
In the case of a statement by the person participating in the case, the application for postponement of the trial on the basis of time failure to prepare for the court session, if the court has information about the appropriate notice, the Arbitration Court is postponed.
The unconditional basis for cancellation of the judicial act is an unincing or improper notice of those participating in the case of persons about the time and place of the court session.
Information on the adoption of a claim or application for production, about the time and place of the court session or the commission of a separate procedural action is placed by an arbitration court on the official website of the Arbitration Court in internet online No later than fifteen days before the start of the court session or the commission of a separate procedural action, unless otherwise provided by the APC RF. Documents confirming the placement by the Arbitration Court on the official website of the Arbitration Court on the Internet of the Indicated Information, including the date of their placement, are involved in the case file.
The judicial act, which is notified or the participants of the arbitration process must contain:
the name and address of the arbitration court, the address of the official website of the Arbitration Court on the Internet, phone numbers of the Arbitration Court, the email addresses in which the persons participating in the case may receive information about the case under consideration;
time and place of the court session or conducting a separate procedural action;
the name of the person notified or caused to court;
the name of the case in which the notice or challenge is carried out, as well as the indication, as one person is called;
specify which actions and to which deadlines are notified or the caused person is entitled or must be made.
In cases not tolerant, the arbitral tribunal may notify or cause individuals participating in the case, and other participants in the arbitration process with a telegram, telegram, for facsimile or e-mail or using other means of communication.
The judicial notice addressed to the legal entity is sent by the Arbitration Court at the location of the legal entity. If a claim follows from the activities of a branch or representative office of a legal entity, such a notice is also sent at the location of this branch or representation. The location of the legal entity, its branch or representation is determined on the basis of an extract from the register.
Court notions addressed to citizens, including individual entrepreneurs, are sent at their place of residence. At the same time, the place of residence of an individual entrepreneur is determined on the basis of an extract from the EGRIP.
The judicial notice is also sent at the location of the representative, if the person participating in the case is dealing through the representative.
If the person who participates in the case, stated a petition for the direction of court notices in another address, the Arbitration Court sends a judicial notification to this address. In this case, the judicial notice is considered to be a presented to the person involved in the case, if it was delivered by the address specified by such a person.
Persons participating in the case and other members of the arbitration process are obliged to independently take measures to obtain information on the movement of the case after receiving the first judicial act on the case under consideration.
Properly notified of the proceeding process involved in the case, carrying the risk of adverse consequences as a result of non-acceptance of measures to obtain information on the movement of the case.
By definition, a judicial penalty is a set of sanctions property Characterwhich arbitration has the right to impose on violators legal normsprovided for by the agro-industrial complex of the Russian Federation. Court fines in the arbitration process represent certain recovery in the monetary equivalent.
For which court fines can be applied in arbitration proceedings.
Cash recovery in the form of fines can be applied in the following cases:- When evasion or violation of the subjects of the proceedings of the norms and rules of legal proceedings or non-compliance with the required duties or solutions of the AC;
- In violation public order or manifestation of disrespect for the court;
- When evading duties in the field of proof;
- In case of non-fulfillment of duties that are aimed at ensuring the claim;
- If the face has not appeared to court without good reason, with the court of his appearance was defined as mandatory;
- For violation in the area executive proceedings, on judicial acts of the Arbitration Court.
The imposition mechanism of fines
The penalty may be imposed on all categories of official and individuals, namely:- Persons who are participants in the case under consideration;
- Persons whose testimonies can provide substantial assistance in resolving the case, with their failure to appear on the court without a good reason (experts, narrow specialists, translators and others);
- Citizens who are not participants in the lawsuit.
Depending on how the consideration of the case is held (solely judge or collegial), the imposition of fines is made in a similar manner.
The principles of imposing court fines in the arbitration process should include the following factors:
- Payment of the amount of the fine does not give the right to further fail to comply with the prescribed duties;
- Under certain circumstances, it is possible to re-impose penalties;
- The official makes the payment of the amount of the fine of personal funds.
After determining the amount of the fine, copy judicial decision A person is sent to which a penalty is imposed on a five-day period. On a ten-day sentence, after receiving a copy of the document on the imposition of a fine, a person who was addressed to pay, can appeal the court decision. At the same time, the appeal period is not a reason to suspend the definition.
Before the revolution in Russia, the prototype of modern arbitration courts were commercial courts, which considered bills and trading. But now everything has changed, a lot appeared ...
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 disrespecting the court is imposed if the perfect actions are not entitled criminal liability.
Court fines imposed by an arbitration court on officials government agencies, organs local governments and other organs, 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 to appear without valid reasons for the court session, when the appearance of the relevant person was recognized as an arbitulous 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 of enforcement proceedings on judicial acts of arbitration courts:
For the loss of the executive list issued 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.