Changes in the arbitral proceedings

Since September 1, 2016 the Federal Law of 29.12.2015 №382-FL «On Arbitration (arbitral proceedings) in the Russian Federation» and the federal Law of 29.12.2015 №409-FL "On Amendments to the certain legislative acts of the RF and invalidation of paragraph 3 part 1 article 6 of the Federal Law « On self-regulated organizations in case of enactment of the Federal Law «On Arbitration (arbitral proceedings) in the Russian Federation» have come into force.

Formation procedure and operating order of arbitration courts, permanently operating arbitration institutions and arbitration (arbitral proceedings) on the territory of Russia are regulated by №382-FL. Disputes between parties in civil law relations can be referred to the arbitration (arbitral proceedings) by agreement of the parties if other is not provided by the federal legislation.

According to the Law, strict definitions are given: arbitrator or arbitral judge, arbitration or arbitral proceeding, administration of arbitration, arbitration rules, direct agreement etc. Moreover, such notions are regulated as: arbitration agreement and its forms; structure and competence of the arbitration court; arbitration order and principles; order of arbitration decisions, it`s termination, complaint and fulfillment. Order of formation and work principles of permanently operating arbitration institutions; proportion of arbitration and mediation procedures are also regulated by the Law.

Chapters 7 «Complaint of the Arbitration court decision» and 8 «Fulfillment of the Arbitration court decision» of the Federal Law of 24.07.2002 №102-FL «On Arbitration courts in the RF» found invalidated.

According to the specialists, enacted laws greatly influence on the procedure of arbitral proceeding and order of data addition to the state registers. In practice it will mean:

  • since September 1 the Federal Law of 24.07.2002 №102-FL (edit. of 29.12.2015) «On Arbitration courts in the RF» is not applied. Exceptions are for cases when arbitration procedure was started and not finished before the enforcement day of the Law №409-FL;
  • notions «arbitral proceeding» and «arbitration» are equal now and mean the process of disputes consideration procedure and making decisions by the arbitration courts, named arbitration decisions;
  • notion «arbitration» in the international commercial arbitration cannot be interpreted as equal to the state arbitration courts;
  • introduction of changes to the state registers only according to the decision of the arbitration court is impossible. For that purpose enforcement orders are required now, given on the basis of the judicial act of a competent court. As a result, arbitration decision is not a reason for data addition to the Unified State Register of Real Estate Rights and Transactions (EGRP), the Unified State Register of Legal Entities (EGRUL), the Unified State Register of Individual Entrepreneurs (EGRIP);
  • amendments were made to the Law on state registration of real estate, according to that the arbitration courts decisions are the reason for state registration of real estate rights and transactions, according to those enforcement orders are issued. These requirements also concern registers of personalized securities owners on the territory of the RF on condition of arising, change or termination of civil rights and duties after data addition to the registers;
  • in case of changing the subject in the obligation applying to whom arbitration agreement is signed, it operates both for the previous and current creditors and debtors;
  • arbitration agreement included in the contract refers to any disputes related to enforcement, change or termination. Such agreement concerns disputes related to the validity of the contract.

Taking into account scales of works of the arbitration courts in Russia (Picture 1), it is impossible to underestimate the significance of amendments made to the arbitration and arbitral proceedings.

Picture 1. Amount of cases considered by the arbitration courts of the subjects of the RF (data of the Judicial department at the Supreme Court of the RF)
Amount of cases considered by the arbitration courts of the subjects of the RF (data of the Judicial department at the Supreme Court of the RF)

Share of finished cases on insolvency (bankruptcy) in 2015 was a little bit more than 2% of total considered cases.

We recommend to learn full texts of the Laws available in the open data sources.

The procedure for execution of the state defense order is specified

The Federal Law of July 3, 2016 №317-FL "About modification of the Federal law "About the State Defense Order" and article 7.29.2 of the Code of the Russian Federation about administrative offenses" has come into force since July 15, 2016.

The law was introduced by the President of the RF for the State Duma consideration in May 2016 and is aimed at assured and qualitative execution of the state defense orders (SDO).

In general, the law broadens the rights of main executor of the state defense order and clarifies the procedure of contracts support by banks. In particular, the main SDO executor is given a right to cover expenditures made of enterprise own funds for stockpiling raw materials, semi-finished products and components necessary for execution of SDO. This will give the main executors an opportunity for timely repayment of loans taken for the creation of these stocks before the end of execution, which ultimately can affect the reduction of expenditures and, consequently, reduce the cost of production.

Moreover, the law introduced a concept of “products with a long production cycle (over six months)”. Determination of the order of classifying as a product with a long production cycle and the development of the issuance of the relevant documents are imposed on federal executive bodies with a relevant competence in the field of industrial and military-industrial complexes, the State Atomic Energy Corporation "Rosatom" and the State Corporation for Space Activities "Roskosmos".

The state customer on SDO is entitled to transfer funds to the main executor, developer or manufacturer with a long production cycle in the amount of profit after partial execution of the state contract. The basis for such payment is an official document of products taken by the state customer, i.e. a separate batch of goods or phase of works (services). At the same time, the companies leading in the field of SDO execution are required to conclude contracts for the execution of SDO in the absence of reasons economically or technologically justified for refusal. Breach of this duty may give rise to an administrative penalty in the form of fines for officials in the amount from 30 to 50 thousand rubles, and from 300 thousand to one million rubles for legal entities.

The subscribers of the Information and analytical system Globas-i can look at a list of strategically important enterprises for the military and industrial complex and security of the Russian Federation in accordance with the Federal Law №213-FL as of 21.07.2014, Decree №1009 of the President of the RF as of 04.08.2004, Order of the RF Government №91-p as of 23.01.200, the Federal Law №57-FL as of 29.04.2008, as well as analysis of contracts, procurement and tenders, using new analytical tool in the relevant section of the System.