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Formation of the legal status of the arbitration court in the jurisdictional system of the Russian Federation
 
PIIS102694520018275-3-1
DOI10.31857/S102694520018275-3
Publication type Article
Status Published
Authors
Elena V. Vinogradova 
Occupation: Chief Researcher of the Constitutional Law and constitutional justice Sector of the Institute of State and Law of the Russian Academy of Sciences
Affiliation: Institute of State and Law of the Russian Academy of Sciences
Address: Russian Federation, Moscow
Ekaterina Mikhailova
Occupation: leading researcher
Affiliation: Institute of State and Law of the Russian Academy of Sciences
Address: Russian Federation, Moscow
Journal nameGosudarstvo i pravo
EditionIssue 1
Pages83-90
Abstract

The article contains a theoretical analysis of the doctrinal and legislative foundations of arbitration proceedings in the Russian Federation, as well as the legal status of the arbitration court in the system of protection of violated or disputed civil rights. The authors begin their research with a description of the existing methods of protecting rights. The arbitration court is referred by the legislator to the number of subjects exercising legal protection and is actually equated in its legal status with state courts. Despite the indisputable private law nature of the arbitration court, it has historically been and remains the only state-recognized subject of private law, whose decisions are subject to compulsory execution, if necessary. In addition, the decision of the arbitral tribunal, which has become binding on the parties to a legal conflict, is the basis for refusal to accept a statement of claim filed with a state court and containing a claim that is identical to that already considered by the arbitral tribunal. Therefore, it can be argued that arbitration is the only alternative to state legal proceedings (as opposed to mediation and all other ADRs). The difference between arbitration proceedings and mediation and other out-of-court conciliation procedures is shown. The issue of the correlation between arbitration courts and religious courts, as well as other public organizations providing services for the resolution and settlement of conflicts in the social sphere, has been analyzed. The conclusion is made about the exceptional position of arbitration courts, which do not allow attributing religious courts and other public organizations to them

Keywordsarbitration court, arbitration proceedings, protection of rights, mediation, religious court, public justice, decision of the arbitration court
Received15.10.2021
Publication date17.03.2022
Number of characters25267
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1. Arbitration process: textbook / ed. by V.V. Yarkov. 2nd ed., reprint. and ext. M., 2003. P. 211 (in Russ.).
2. Vaskovsky V.E. Textbook of Civil Law. SPb., 1894. Vol. 1. Maintenance and General part. P. 168, 169 (in Russ.).
3. Vaskovsky V.E. Textbook of civil procedure. M., 2003. P. 2 (in Russ.).
4. Vitsyn A.I. Arbitration court of Russian law, historical and dogmatic reasoning. M., 1856. P. 15, 16 (in Russ.).
5. Gabov A.V. Jurisdiction of corporate disputes to an arbitral Tribunal (the debate on draft laws aimed at reforming the law on arbitration courts) // Journal of Russ. law. 2015. No. 3. P. 50 (in Russ.).
6. Golmsten A. Kh. Textbook of Russian civil procedure. 5th ed., rev. and ext. SPb., 1913. P. 154 (in Russ.).
7. Grafsky V.G. Principles of legality and justice in the history of the legislation of Russia and the Western European countries // Proceedings of the Institute of State and Law of the RAS. 2019. Vol. 14. No. 6. P. 15 (in Russ.).
8. Korkunov N.M. Lectures on the General theory of law. SPb., 2003. P. 178 (in Russ.).
9. Mikhailova E.V. Procedural forms of protection of subjective civil rights, freedoms and lawful interests in the Russian Federation (judicial and non-judicial). M., 2017 (in Russ.).
10. Scientific and practical commentary of the CPC of the RSFSR / ed. by R.F. Kallistratova, L.F. Lesnitskaya, V.K. Puchinsky. M., 1976. P. 572 (in Russ.).
11. Nefediev E.A. Textbook of Russian civil procedure. 3rd ed. M., 1908. P. 342 (in Russ.).
12. Petrenko O.V. Recognition of ownership of immovable property in arbitration courts // Property relations in the Russian Federation. 2016. No. 1 (172). P. 83 (in Russ.).
13. Radaeva S.V. Non-traditional bodies in the history of Russian justice: features of legal technologies of their activity // Education and Law. 2020. No. 6. P. 388 (in Russ.).
14. Skvortsov O. Yu. On the constitutional grounds for consideration by arbitration courts and international commercial courts of disputes with a public element // Herald of SPbU. Ser. 14. 2011. Issue. 2. P. 76 (in Russ.).
15. Syukiyainen L.R. Sharia courts: modern practice and prospects in Russia // Law. Journal of Economics. 2014. No. 4. P. 56 (in Russ.).
16. Chechina N.A. Selected works on civil process. SPb., 2004. P. 85 (in Russ.).
17. Chechot D.M. Selected works on civil process. SPb., 2005. P. 11 (in Russ.).
18. Shershenevich G.F. Science of Civil Law in Russia. Kazan, 1893. P. 77 (in Russ.).
19. Yavich Ya. S. On the subject and method of legal regulation // Questions of the General theory of Soviet law. M., 1960. P. 58 (in Russ.).

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