Arbitrazhniy (commercial) courts.

It should be noted that the name "arbitrazhniy court" is misleading as it does not relate to arbitration tribunals but is inherited from the Soviet Law. In the USSR any differences between state enterprises could be settled by the State Arbitrazh, which was a quasi-judicial governmental body. Today the term arbitrazhny court" relates to a State court that is competent to hear disputes between commercial entities.

The system of arbitrazhny courts is comprised of courts of the subjects of the federation, the district courts and the Supreme Arbitration Court.

The Supreme Arbitraznhy Court is a supervisory court to the courts of the lower instances. It also acts as the first instance court for certain cases, such as claims of invalidity of non-normative Acts endorsed by the President, the Federation Council and the State Duma of the Federal Assembly of the Russian Federation and the Government of the Russian Federation, economic disputes between the Russian Federation and its constituent parts or between constituent parts of the Russian Federation. The Supreme Arbitration Court operates through the Plenum, the Presidium and the chambers for civil and administrative cases. Judges of the Supreme Arbitrazhy Court are introduced by the president and appointed by the Council of the Federation. A judge must be a Russian citizen with a law degree and experience in legal profession for at least 10 years.

The second tier is formed by 10 district courts: Volgo-Vyatsky; East Siberian; Far East; West Siberian; Moscow; Volga region; Northwest; North-Caucasian; Ural; and Central district. The district courts function as courts of cassation.

The arbitration courts of the subject of the federation hear cases as the courts of the first instance and as the appellate courts where a decision has not yet come into force.

The trial period in arbitrazhny courts is relatively short. Under current regulations, courts must consider cases within three months of receipt of an application.

 

 

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