Sunday, April 8, 2007

  • 1. Bills of peace of the property on buildings, structures, the ground areas, about withdrawal of buildings, structures, the ground areas from another's pirate possession, about elimination of violations of rights of the proprietor or other rightful owner, irrelevant with dispossession, are presented on location of the building, a structure, land uchastka.------2. The claim to a carrier, escaping of the contract of carriage including when the carrier is one of transponders, is presented on location of an organ transporta.------3. Claims to state organs, institutions of local government of the subject of the Russian Federation, escaping of administrative legal relations, are presented in arbitration court of this subject of the Russian Federation, instead of on location conforming organa.------Claims for confession invalid certificates{acts} of other organs located in terrain of other subject of the Russian Federation, presented on regulations, foreseen in the paragraph first true chasti.------Article 30. Agreed jurisdiction------Jurisdiction, content in articles 25 and 26 true Codes, can be changed under the agreement storon.------Article 31. Drive of an affair from one arbitration court in other arbitration court------1. The business adopted by arbitration court to the manufacture with observance{holding} of regulations of jurisdiction, should be considered by him{it} in essence, even in the further it has become within the jurisdiction other arbitration sudu.------2. The arbitration court refers matter on consideration other суда:.. 1) if by consideration of an affair in the given court has come to light, that it was accepted to manufacture with an abuse of regulations of jurisdiction;.. 2) if after offtake of one or several judges their changing in the given court becomes impossible, and also in other events when it is impossible to consider business in the given court. Business is transmitted in arbitration court of the same urovnja.------3. About drive of an affair on consideration of other arbitration court it is born opredelenie.------4. Business, directed from one arbitrationnogo court in other, it should be accepted to consideration by court to which it is directed. Spores on jurisdiction between arbitration courts in the Russian Federation not dopuskajutsja.------Chapter 4. The faces participating in business, and other participants of arbitral procedure------Article 32. Structure of the faces participating in business------by Faces, participating in business, являются:------the parties, third persons; applicants and other interested persons - in affairs about the fact-finding, having the jural significance, and about insolvency (bankruptcy) of organizations and citizens;------the public prosecutor, state organs, institutions of local government and other organs which have converted in arbitration court with the claim in protection state and public interesov.------Article 33. Rights and responsibilities of the faces participating in business------1. The faces participating in business, have the right to acquaint with materials of an affair, to do{make} statements of them, to take out copies, to declare offtakes, to represent proofs and to participate in their probe, to ask, declare petitions, to do{make} applications, to give arguments to arbitration court, to represent the reasons on all originating during consideration of an affair to problems, to object to petitions, reasons of other faces participating in business, to appeal judicial certificates{acts} and to use other procedural rights given by him{it} hereby Kodeksom.------2. The faces participating in business, perform responsibilities, foreseen the present Code, and should use honesty all inherings by him{it} remedial pravami.------Article 34. The parties------1. The parties in business are the claimant and otvetchik.------2. Claimants are organizations and the citizens who have made a claim in the interests or in which interests it is presented isk.------3. Transponders are organizations and citizens to whom it is presented claim trebovanie.------4. The parties use equal remedial pravami.------Article 35. A concern in the business of several claimants or transponders------1. The claim can be presented in unison by several claimants or to several transponders. Each of claimants or transponders acts in process self-contained. Accessories can entrust a maintaining a file to one of souchastnikov.------2. If necessary engagings of other transponder arbitration court before decision marking with the consent of the claimant are involved it otvetchika.------with Article 36. Changing of the inadequate party------1. The arbitration court, having placed{installed} during trial, that the claim is presented not by that face to which posesses a chose in possession, or not to a that face which should answer under the claim, can admit with the consent of the claimant changing of the initial claimant or a transponder the proper claimant or otvetchikom.------2. If the claimant disagrees to changing by his{its} other face this face can enter business in the capacity of the third person declaring do-it-yourself requests on the matter in dispute on what the court informs given litso.------3. If the claimant disagrees to changing of a transponder by other face, the court can involve{attract} with the consent of the claimant this face in the capacity of the second otvetchika.------4. After changing the inadequate party consideration of an affair is effected with itself nachala.------Article 37. Change of the grounding or the subject of action, a dimensional change of lawsuits, an abandoment of claim, adoption of an action------1. The claimant has the right before decision marking by arbitration court to change the grounding or the subject of action, to increase or reduce the dimension of lawsuits or to refuse from iska.------2. The transponder has the right to plead no defence completely or chastichno.------3. The parties can end business by an accord and satisfaction in any instantsii.------4. The arbitration court does not accept an abandoment of claim, a size reduction of lawsuits, adoption of an action, does not assert{approve} an accord and satisfaction if it contradicts laws and other normative legal acts or upsets rights and legitimate interests of other faces. In these events the court is considered spores on sushchestvu.------with Article 38. The third persons declaring do-it-yourself requests on the matter in dispute------Third persons, declaring do-it-yourself requests on the matter in dispute, can enter business before acceptance by arbitration court of the solution. They have all rights and perform all responsibilities of the claimant, except for the responsibility of observance{holding} pre-trial (pretenzionnogo) about darraigning with a transponder when it is stipulated by the federal act for the given grade of chaffers or dogovorom.------Article 39. The third persons who are not declaring do-it-yourself requests on the matter in dispute------1. The third persons who are not declaring do-it-yourself requests on the matter in dispute, can enter business on the party of the claimant or a transponder before acceptance by arbitration court of the solution if the solution on business can influence their rights or responsibilities in relation to one of the parties. They can be involved{attracted} in a concern in the business also under the petition by litigants or under the initiative suda.------2. The third persons who are not declaring do-it-yourself requests on the matter in dispute, perform remedial responsibilities and have rights of the party, except for the right on change of the grounding or the subject of action, increase or a size reduction of lawsuits, an abandoment of claim, adoption of an action or the conclusion of an accord and satisfaction, a request of enforcement judicial akta.------Article 40. Succession of choses in action------1. In events of leaving of one of the parties in disputable or content the award legal relation (reorganization, assignment of the claim, conversion of debt, mors of the citizen and in other events) the court effects changing this party by its{her} assignee, indicating about it in definition, the solution or the decree. Assignment is possible at any stage arbitration protsessa.------2. For the assignee all actions, perfect in process before his{its} intervention, are obligatory in that measure in what they would be obligatory facial which the assignee zamenil.------Article 41. A concern in the business of the public prosecutor------1. The public prosecutor has the right to address to arbitration court with the claim in protection state and public interesov.------2. The statement of claim in the Maximum Arbitration court of the Russian Federation, the Prosecutor General of the Russian Federation or the deputy of the Prosecutor General of the Russian Federation direct to arbitration court of the subject of the Russian Federation - also the public prosecutor or the deputy of the public prosecutor of the subject of the Russian Federation and the public prosecutors equal by nymas or them zamestiteli.------3. The public prosecutor presenting the statement of claim, performs responsibilities and has rights of the claimant, except for the right on the conclusion world soglashenija.------4. Failure{refusal} of the public prosecutor of the claim presented to him{it} does not deprive with the claimant of the right to demand consideration of an affair on sushchestvu.------5. Failure{refusal} of the claimant of the claim which has been presented in his{its} interests by the public prosecutor, attracts leaving the claim without rassmotrenija.------Article 42. A concern in the business of state organs, institutions of local government and other organs------1. In events, foreseen the federal act, state organs, institutions of local government and other organs have the right to address with the claim to arbitration court in protection state and public interesov.------2. The organ presenting the statement of claim, performs responsibilities and has rights of the claimant, except for the right on the conclusion world soglashenija.------3. Failure{refusal} of an organ of the claim presented to him{it} does not deprive with the claimant of the right to demand consideration of an affair on sushchestvu.------4. Failure{refusal} of the claimant of the claim which has been presented in his{its} interests, attracts leaving the claim without rassmotrenija.------Article 43. Other participants of arbitral procedure------Besides the faces participating in business, in arbitral procedure can participate witnesses, experts, translators, predstaviteli.------Article 44. The witness------1. The witness can be any face for which cramps and the circumstances important for the correct resolution of dispute arbitration sudom.------2 are known. The witness is obliged to be in arbitration court on it{him} I call and to inform cramps known for him and circumstances on delu.------3. The witness is obliged to give truthful indications{readings}, to reply to the judge, the faces participating in arbitration protsesse.------4. For a rate of false indications{readings} and failure{refusal} or deflexion from evidence the witness bears criminal otvetstvennost.------Article 45. The expert------1. The expert in arbitration court the face having special knowledges, necessary for a rate of the conclusion, and appointed as court in events, foreseen hereby Kodeksom.------2 can act. The face to which realization of examination is entrusted, is obliged to be on a call of arbitration court and to draw the objective conclusion on put voprosam.------3. The expert can refuse a rate of the conclusion if introduced to him materials are unsufficient or if he has no the knowledge necessary for fulfilment assigned on him{it} objazannosti.------4. The expert if it is necessary for a rate of the conclusion, has the right to acquaint with materials of an affair, to participate in meetings of arbitration court, to ask, appeal for{ask, ask} court about submission padding materialov.------5. For a rate of the false conclusion or failure{refusal} of a rate of the conclusion the expert bears criminal otvetstvennost.------Article 46. A translator------1. A translator is the face possessing tongues which knowledge is necessary for transfer{translation}, and appointed as court in events, foreseen hereby Kodeksom.------2. The translator can be appointed from among offered participants of arbitral procedure lits.------Other participants of arbitral procedure have no right to accept the responsibility of a translator, even they and possessed necessary for transfer{translation} jazykami.------3. The translator is obliged to be on a call of court and it is full, correct and well-timed to execute perevod.------4. The translator has the right to ask the faces present while translating for refinement perevoda.------5. A translator Chapter 5 bears the criminal liability in an event certainly improper perevoda.------. Representation in arbitration court------Article 47. Business management through representatives------1. Affairs of organizations conduct in arbitration court their organs which are operational within the limits of authorities, given by him{it} laws and other normative legal acts or constituent instruments, and them predstaviteli.------2. Chiefs of organizations, other faces according to constituent instruments represent arbitration court the documents certifying their official position or polnomochija.------3. Citizens can conduct the affairs in arbitration court personally or through representatives. The personal concern in the business of the citizen does not deprive with his{its} right to have on business predstavitelja.------Article 48. Faces which can be representatives to arbitration court------1. The representative to arbitration court can be any citizen having properly made out authorities on a maintaining a file in arbitration sude.------2. Rights and legitimate interests of the citizens who are not having full active capacity, their legal representatives - protect in arbitral procedure parents, adopters, trustees or trustees. Legal representatives can entrust a maintaining a file in arbitration court other selected them predstavitelju.------1. The claimant has the right before decision marking by arbitration court to change the grounding or the subject of action, to increase or reduce the dimension of lawsuits or to refuse from iska.------2. The transponder has the right to plead no defence completely or chastichno.------3. The parties can end business by an accord and satisfaction in any instantsii.------4. The arbitration court does not accept an abandoment of claim, a size reduction of lawsuits, adoption of an action, does not assert{approve} an accord and satisfaction if it contradicts laws and other normative legal acts or upsets rights and legitimate interests of other faces. In these events the court is considered spores on sushchestvu.------with Article 38. The third persons declaring do-it-yourself requests on the matter in dispute------Third persons, declaring do-it-yourself requests on the matter in dispute, can enter business before acceptance by arbitration court of the solution. They have all rights and perform all responsibilities of the claimant, except for the responsibility of observance{holding} pre-trial (pretenzionnogo) about darraigning with a transponder when it is stipulated by the federal act for the given grade of chaffers or dogovorom.------Article 39. The third persons who are not declaring do-it-yourself requests on the matter in dispute------1. The third persons who are not declaring do-it-yourself requests on the matter in dispute, can enter business on the party of the claimant or a transponder before acceptance by arbitration court of the solution if the solution on business can influence their rights or responsibilities in relation to one of the parties. They can be involved{attracted} in a concern in the business also under the petition by litigants or under the initiative suda.------2. The third persons who are not declaring do-it-yourself requests on the matter in dispute, perform remedial responsibilities and have rights of the party, except for the right on change of the grounding or the subject of action, increase or a size reduction of lawsuits, an abandoment of claim, adoption of an action or the conclusion of an accord and satisfaction, a request of enforcement judicial akta.------Article 40. Succession of choses in action------1. In events of leaving of one of the parties in disputable or content the award legal relation (reorganization, assignment of the claim, conversion of debt, mors of the citizen and in other events) the court effects changing this party by its{her} assignee, indicating about it in definition, the solution or the decree. Assignment is possible at any stage arbitration protsessa.------2. For the assignee all actions, perfect in process before his{its} intervention, are obligatory in that measure in what they would be obligatory facial which the assignee zamenil.------Article 41. A concern in the business of the public prosecutor------1. The public prosecutor has the right to address to arbitration court with the claim in protection state and public interesov.------2. The statement of claim in the Maximum Arbitration court of the Russian Federation, the Prosecutor General of the Russian Federation or the deputy of the Prosecutor General of the Russian Federation direct to arbitration court of the subject of the Russian Federation - also the public prosecutor or the deputy of the public prosecutor of the subject of the Russian Federation and the public prosecutors equal by nymas or them zamestiteli.------3. The public prosecutor presenting the statement of claim, performs responsibilities and has rights of the claimant, except for the right on the conclusion world soglashenija.------4. Failure{refusal} of the public prosecutor of the claim presented to him{it} does not deprive with the claimant of the right to demand consideration of an affair on sushchestvu.------5. Failure{refusal} of the claimant of the claim which has been presented in his{its} interests by the public prosecutor, attracts leaving the claim without rassmotrenija.------Article 42. A concern in the business of state organs, institutions of local government and other organs------1. In events, foreseen the federal act, state organs, institutions of local government and other organs have the right to address with the claim to arbitration court in protection state and public interesov.------2. The organ presenting the statement of claim, performs responsibilities and has rights of the claimant, except for the right on the conclusion world soglashenija.------3. Failure{refusal} of an organ of the claim presented to him{it} does not deprive with the claimant of the right to demand consideration of an affair on sushchestvu.------4. Failure{refusal} of the claimant of the claim which has been presented in his{its} interests, attracts leaving the claim without rassmotrenija.------Article 43. Other participants of arbitral procedure------Besides the faces participating in business, in arbitral procedure can participate witnesses, experts, translators, predstaviteli.------Article 44. The witness------1. The witness can be any face for which cramps and the circumstances important for the correct resolution of dispute arbitration sudom.------2 are known. The witness is obliged to be in arbitration court on it{him} I call and to inform cramps known for him and circumstances on delu.------3. The witness is obliged to give truthful indications{readings}, to reply to the judge, the faces participating in arbitration protsesse.------4. For a rate of false indications{readings} and failure{refusal} or deflexion from evidence the witness bears criminal otvetstvennost.------Article 45. The expert------1. The expert in arbitration court the face having special knowledges, necessary for a rate of the conclusion, and appointed as court in events, foreseen hereby Kodeksom.------2 can act. The face to which realization of examination is entrusted, is obliged to be on a call of arbitration court and to give objective zakljuchenie on put voprosam.------3. The expert can refuse a rate of the conclusion if introduced to him materials are unsufficient or if he has no the knowledge necessary for fulfilment assigned on him{it} objazannosti.------4. The expert if it is necessary for a rate of the conclusion, has the right to acquaint with materials of an affair, to participate in meetings of arbitration court, to ask, appeal for{ask, ask} court about submission padding materialov.------5. For a rate of the false conclusion or failure{refusal} of a rate of the conclusion the expert bears criminal otvetstvennost.------Article 46. A translator------1. A translator is the face possessing tongues which knowledge is necessary for transfer{translation}, and appointed as court in events, foreseen hereby Kodeksom.------2. The translator can be appointed from among offered participants of arbitral procedure lits.------Other participants of arbitral procedure have no right to accept the responsibility of a translator, even they and possessed necessary for transfer{translation} jazykami.------3. The translator is obliged to be on a call of court and it is full, correct and well-timed to execute perevod.------4. The translator has the right to ask the faces present while translating for refinement perevoda.------5. A translator Chapter 5 bears the criminal liability in an event certainly improper perevoda.------. Representation in arbitration court------Article 47. Business management through representatives------1. Affairs of organizations conduct in arbitration court their organs which are operational within the limits of authorities, given by him{it} laws and other normative legal acts or constituent instruments, and them predstaviteli.------2. Chiefs of organizations, other faces according to constituent instruments represent arbitration court the documents certifying their official position or polnomochija.------3. Citizens can conduct the affairs in arbitration court personally or through representatives. The personal concern in the business of the citizen does not deprive with his{its} right to have on business predstavitelja.------Article 48. Faces which can be representatives to arbitration court------1. The representative to arbitration court can be any citizen having properly made out authorities on a maintaining a file in arbitration sude.------2. Rights and legitimate interests of the citizens who are not having full active capacity, their legal representatives - protect in arbitral procedure parents, adopters, trustees or trustees. Legal representatives can entrust a maintaining a file in arbitration court other selected them predstavitelju.------1. The claimant has the right before decision marking by arbitration court to change the grounding or the subject of action, to increase or reduce the dimension of lawsuits or to refuse from iska.------2. The transponder has the right to plead no defence completely or chastichno.------3. The parties can end business by an accord and satisfaction in any instantsii.------4. The arbitration court does not accept an abandoment of claim, a size reduction of lawsuits, adoption of an action, does not assert{approve} an accord and satisfaction if it contradicts laws and other normative legal acts or upsets rights and legitimate interests of other faces. In these events the court is considered spores on sushchestvu.------with Article 38. The third persons declaring do-it-yourself requests on the matter in dispute------Third persons, declaring do-it-yourself requests on the matter in dispute, can enter business before acceptance by arbitration court of the solution. They have all rights and perform all responsibilities of the claimant, except for the responsibility of observance{holding} pre-trial (pretenzionnogo) about darraigning with a transponder when it is stipulated by the federal act for the given grade of chaffers or dogovorom.------Article 39. The third persons who are not declaring do-it-yourself requests on the matter in dispute------1. The third persons who are not declaring do-it-yourself requests on the matter in dispute, can enter business on the party of the claimant or a transponder before acceptance by arbitration court of the solution if the solution on business can influence their rights or responsibilities in relation to one of the parties. They can be involved{attracted} in a concern in the business also under the petition by litigants or under the initiative suda.------2. The third persons who are not declaring do-it-yourself requests on the matter in dispute, perform remedial responsibilities and have rights of the party, except for the right on change of the grounding or the subject of action, increase or a size reduction of lawsuits, an abandoment of claim, adoption of an action or the conclusion of an accord and satisfaction, a request of enforcement judicial akta.------Article 40. Succession of choses in action------1. In events of leaving of one of the parties in disputable or content the award legal relation (reorganization, assignment of the claim, conversion of debt, mors of the citizen and in other events) the court effects changing this party by its{her} assignee, indicating about it in definition, the solution or the decree. Assignment is possible at any stage arbitration protsessa.------2. For the assignee all actions, perfect in process before his{its} intervention, are obligatory in that measure in what they would be obligatory facial which the assignee zamenil.------Article 41. A concern in the business of the public prosecutor------1. The public prosecutor has the right to address to arbitration court with the claim in protection state and public interesov.------2. The statement of claim in the Maximum Arbitration court of the Russian Federation, the Prosecutor General of the Russian Federation or the deputy of the Prosecutor General of the Russian Federation direct to arbitration court of the subject of the Russian Federation - also the public prosecutor or the deputy of the public prosecutor of the subject of the Russian Federation and the public prosecutors equal by nymas or them zamestiteli.------3. The public prosecutor presenting the statement of claim, performs responsibilities and has rights of the claimant, except for the right on the conclusion world soglashenija.------4. Failure{refusal} of the public prosecutor of the claim presented to him{it} does not deprive with the claimant of the right to demand consideration of an affair on sushchestvu.------5. Failure{Refusal} of the claimant of the claim which has been presented in his{its} interests by the public prosecutor, attracts leaving the claim without rassmotrenija.------Article 42. A concern in the business of state organs, institutions of local government and other organs------1. In events, foreseen the federal act, state organs, institutions of local government and other organs have the right to address with the claim to arbitration court in protection state and public interesov.------2. The organ presenting the statement of claim, performs responsibilities and has rights of the claimant, except for the right on the conclusion world soglashenija.------3. Failure{refusal} of an organ of the claim presented to him{it} does not deprive with the claimant of the right to demand consideration of an affair on sushchestvu.------4. Failure{refusal} of the claimant of the claim which has been presented in his{its} interests, attracts leaving the claim without rassmotrenija.------Article 43. Other participants of arbitral procedure------Besides the faces participating in business, in arbitral procedure can participate witnesses, experts, translators, predstaviteli.------Article 44. The witness------1. The witness can be any face for which cramps and the circumstances important for the correct resolution of dispute arbitration sudom.------2 are known. The witness is obliged to be in arbitration court on it{him} I call and to inform cramps known for him and circumstances on delu.------3. The witness is obliged to give truthful indications{readings}, to reply to the judge, the faces participating in arbitration protsesse.------4. For a rate of false indications{readings} and failure{refusal} or deflexion from evidence the witness bears criminal otvetstvennost.------Article 45. The expert------1. The expert in arbitration court the face having special knowledges, necessary for a rate of the conclusion, and appointed as court in events, foreseen hereby Kodeksom.------2 can act. The face to which realization of examination is entrusted, is obliged to be on a call of arbitration court and to draw the objective conclusion on put voprosam.------3. The expert can refuse a rate of the conclusion if introduced to him materials are unsufficient or if he has no the knowledge necessary for fulfilment assigned on him{it} objazannosti.------4. The expert if it is necessary for a rate of the conclusion, has the right to acquaint with materials of an affair, to participate in meetings of arbitration court, to ask, appeal for{ask, ask} court about submission padding materialov.------5. For a rate of the false conclusion or failure{refusal} of a rate of the conclusion the expert bears criminal otvetstvennost.------Article 46. A translator------1. A translator is the face possessing tongues which knowledge is necessary for transfer{translation}, and appointed as court in events, foreseen hereby Kodeksom.------2. The translator can be appointed from among offered participants of arbitral procedure lits.------Other participants of arbitral procedure have no right to accept the responsibility of a translator, even they and possessed necessary for transfer{translation} jazykami.------3. The translator is obliged to be on a call of court and it is full, correct and well-timed to execute perevod.------4. The translator has the right to ask the faces present while translating for refinement perevoda.------5. A translator Chapter 5 bears the criminal liability in an event certainly improper perevoda.------. Representation in arbitration court------Article 47. Business management through representatives------1. Affairs of organizations conduct in arbitration court their organs which are operational within the limits of authorities, given by him{it} laws and other normative legal acts or constituent instruments, and them predstaviteli.------2. Chiefs of organizations, other faces according to constituent instruments represent arbitration court the documents certifying their official position or polnomochija.------3. Citizens can conduct the affairs in arbitration court personally or through representatives. The personal concern in the business of the citizen does not deprive with his{its} right to have on business predstavitelja.------Article 48. Faces which can be representatives to arbitration court------1. The representative to arbitration court can be any citizen having properly made out authorities on a maintaining a file in arbitration sude.------2. Rights and legitimate interests of the citizens who are not having full active capacity, their legal representatives - protect in arbitral procedure parents, adopters, trustees or trustees. Legal representatives can entrust a maintaining a file in arbitration court other selected them predstavitelju.------1. The claimant has the right before decision marking by arbitration court to change the grounding or the subject of action, to increase or reduce the dimension of lawsuits or to refuse from iska.------2. The transponder has the right to plead no defence completely or chastichno.------3. The parties can end business by an accord and satisfaction in any instantsii.------4. The arbitration court does not accept an abandoment of claim, a size reduction of lawsuits, adoption of an action, does not assert{approve} an accord and satisfaction if it contradicts laws and other normative legal acts or upsets rights and legitimate interests of other faces. In these events the court is considered spores on sushchestvu.------with Article 38. The third persons declaring do-it-yourself requests on the matter in dispute------Third persons, declaring do-it-yourself requests on the matter in dispute, can enter business before acceptance by arbitration court of the solution.



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