Arbitration trial in the light of some positions of the competitive legislation

Journal Issue:

Author Information: 

Legal Adviser of the Regional Economic Researches Institute.

Abstract: 

In this article author analyzes provisions of modern Russian legislation in part of arbitration court's legal regulation. In detail conditions for opening arbitration court and its functioning are analyzed. Possible options of application in standard order or possibility of parties’ own agreed order are described, procedural questions are presented. Author pays special attention to the questions of arbitration trial in the light of provisions of the Law of Russian Federation on protection of the competition. On the number of questions opinions of scientists-jurists and Presidium of the Supreme Arbitration Court of Russian Federation are given. Author gives personal suggestions, including an offer to adopt some changes to existing federal legislation.

Keywords: 

arbitration courts, arbitration trial, alternative to the state justice, legal regulation, protection of the competition, competition, arbitration judge, Russia, Russian Federation.

REFERENCES: 

[1] The Federal law fromJuly, 24th, 2002 № 102-FZ «About the arbitration courts in the Russian Federation»
[2] The Constitution the Russian Federation
[3] The Federal law from 07.07.1993 № 5340-1 "About commercial and industrial chambers in the Russian Federation"
[4] The scientifically-practical comment to the Federal law "About the arbitration courts in the Russian Federation" with the review of judicial-arbitration practice / R.S. Bevzenko, etc.; under the editorship of A.N. Lysenko. М.: the Business court yard, 2011. With. 14.
[5] The European Convention on the foreign trade arbitration (it is concluded at United Nations conference in Geneva 21.04.1961 and is ratified by the Decree of Presidium Supreme Council of the USSR from 14.05.1962 № 67-VI)
[6] The Civil code the Russian Federation (chapter 4)
[7] The Federal law from 19.06.1992 № 3085-1 "About consumers' co-operative society (consumer societies, their unions) in the Russian Federation"
[8] The Federal law from 08.12.1995 № 193-FZ "About agricultural cooperation"
[9] he Federal law from 12.01.1996 № 7-FZ "About the noncommercial organisations"
[10] The Federal law from 08.05.1996 № 41-FZ "About production co-operatives"
[11] The Federal law from 26.07.2006 № 135-FZ "About competition protection"
[12] The Federal law from 01.12.2007 № 315-FZ "About the self-adjustable organisations"
[13] The Federal law from 21.11.2011 № 325-FZ "About the organised auctions"
[14] The review of legal positions of Presidium Supreme Commercial Court the Russian Federation concerning private law//the Bulletin SCC the Russian Federation № 9 for 2012.
[15] Galushkin AA The legal status of arbitration courts of the Russian Federation / / Justice Initiative. 2012. Number 4.