Text d The Arbitrazh Court of the Russian Federation.

The High Arbitrazh Court

The High Arbitrazh court in general case considers deals in the course of regular supervision. Duties of the high Arbitrazh Court include summarizing of arbitrazh practice. The High Arbitrazh Court is a subject of legislative initiative.

The jurisdiction and the power of the High Arbitrazh Court are similar to the Supreme Court of the Russian Federation, but with regard to the matters arising from the exercise of business and other economic activities.

The Federal Arbitrazh Circuit Court

Federal Arbitrazh Circuit Courts are deemed to be courts of second (appeal) instance for Arbitrazh courts of the subjects of the Russian Federation. Federal regions include several subjects of the Russian Federation each, 10 regions altogether.

Jurisdiction of the Federal Arbitrazh Circuit Court as the Court of the First Instance

The Federal Arbitrazh Circuit Court is the first instance court for the following cases:

• Cases on disputing normative legal acts of the President of the Russian Federation, the Government of the Russian Federation and federal executive bodies, concerning rights and legitimate interests of an applicant in the area of business and other economic activities.

• Cases on disputing non-normative legal acts of the President of the Russian Federation, the Federation Council and the State Duma of the Federal Assembly of the Russian Federation, and of the Government of the Russian Federation, which do not comply with the laws and concern rights and legitimate interests of an applicant in the area of business and other economic activities.

• Economic disputes between the Russian Federation and the subjects of the Russian Federation, and between the subjects of the Russian Federation.

The Arbitrazh Court of the Subject of the Russian Federation

The Arbitrazh courts of the initial level, unlike courts of general jurisdiction, are not district courts but courts of the subjects of the Russian Federation. According to the general rule, these courts are deemed to be courts of the first instance in consideration of economic disputes.

The Arbitrazh court of the Subject of the Russian Federation is a state court specializing in commercial cases and extends its jurisdiction to any cases on commercial disputes and to other cases, concerning the exercise of business and other commercial activities, where both parties are business entities or individuals, engaged in business activities without forming a legal entity and having the status of an individual entrepreneur obtained in the procedure established by laws. In this particular case it does not matter what kind of legal relations serve as the basis for dispute arisen: civil, administrative or other relations. Cases between the Russian Federation, the subjects of the Russian Federation are subject to the jurisdiction of the Arbitrazh court as well. The Arbitrazh courts do not consider disputes that pertain to the criminal sphere of legislation.

How cases are tried in courts

In all courts cases are tried in public. The participants in the trial (the prosecutor, the lawyers, the plaintiff, the judge, the defendant and the others) speak in the open court. The accused is guaranteed the right to defend. The press has the right to be present.

During the hearing of a case any citizen may enter the courtroom and be present during the trial from the beginning to the end. The hearing of cases in closed session is allowed only in exceptional cases. Closed sessions are only allowed if it is in the interests of both sides or for the necessity to keep state secrets. Trial without participation of both sides is not allowed. The judges are independent and they must obey the law.