Sunday, April 8, 2007

  • ano.------Chapter 9. Phase-out on business------Article 85. The groundings of phase-out on business------the Arbitration court terminates manufacture on делу:.. 1) if spores is not subject to consideration in arbitration court;.. 2) if there is entered in the enforceability adopted on spore between the same faces, about the same subject and on the same groundings a court decision of the general jurisdiction, arbitration court;.. . 3) if is present entered in the enforceability adopted on spore between the same faces, about the same subject and on the same groundings the solution of an arbitration tribunal, except for events when the arbitration court has refused in issue of the writ of execution on enforcement of the solution of an arbitration tribunal, has returned business on new trial in the arbitration tribunal which has made a decision, but consideration of an affair in the same arbitration tribunal has appeared impossible;.. 4) if organization - a face participating in business, is liquidated;.. 5) if after mors of the citizen - a face participating in business, disputable legal relation does not suppose assignment;.. 6) if the claimant has refused the claim and failure{refusal} is adopted by arbitration court;.. 7) if the accord and satisfaction is encased and it is affirmed arbitration sudom.------Article 86. The order and consequences of phase-out on business------1. About phase-out on business the arbitration court bears definition.------2. In definition of arbitration court problems on distribution between the faces participating in business, court costs, about return of a State Tax from bjudzheta.------3 can be permitted{solved}. In an event of phase-out on business the secondary circulation in arbitration court on spore between the same faces, about the same subject and on the same groundings not dopuskaetsja.------4. Definition of arbitration court about phase-out on business can be obzhalovano.------Chapter 10. Leaving of the claim without consideration------Article 87. The groundings of leaving of the claim without consideration------the Arbitration court abandons the claim without рассмотрения:.. 1) if in manufacture of court of the general jurisdiction, arbitration court, an arbitration tribunal there is a business on spore between the same faces, about the same subject and on the same groundings;.. . 2) if is present the agreement of the faces participating in business, on drive given spore on the sanction of an arbitration tribunal and a capability of the circulation to an arbitration tribunal is not lost and if a transponder which is taking exception against consideration of an affair in arbitration court, not later the first application in essence spore will declare the petition for drive spore on the sanction of an arbitration tribunal;.. 3) if the statement of claim not signed or signed a face which is not having the rights to sign it{him}, or a face which official rule{situation;position} is not indicated;.. 4) if the claimant did not revert in bank or other credit institution behind obtaining from a transponder of the indebtedness when she by the law, to other normative legal act or the agreement should be received{obtained} through bank or other credit institution;.. 5) if by the claimant it is not observed pre-trial (pretenzionnyj) the order of darraigning with a transponder when it is stipulated by the federal act for the given grade of chaffers or the agreement;.. . 6) if the claimant was not in meeting of arbitration court and has not declared consideration of an affair without his{its} sharing{participation};.. 7) if by consideration of the statement of refusal or deflexion from state registration it is become clear, that there was an issue in law;.. 8) if by consideration of the application for the fact-finding, having the jural significance, it is become clear, that has arisen spores about prave.------Article 88. The order and consequences of leaving of the claim without consideration------1. About leaving of the claim without consideration the arbitration court bears------opredelenie.------2. In definition of arbitration court problems on distribution between the faces participating in business, court costs, about return of a State Tax from bjudzheta.------3 can be permitted{solved}. Definition about leaving of the claim without consideration can be obzhalovano.------4. After elimination of the circumstances serving with the grounding for leaving of the claim without consideration, the claimant has the right again to address to arbitration court with the claim in the aggregate porjadke.------Chapter 11. Court costs------Article 89. Structure of court costs------Court costs will consist of a State Tax and costs, the bound with consideration of an affair: the sums repayable for realization of examination, appointed as arbitration court, a call of the witness, inspection of proofs at-sight, and also charges, the bound with performance{fulfillment} judicial akta.------Article 90. Payment of a State Tax------the State Tax on all affairs considered by arbitration courts in the Russian Federation, is paid or collected in federal bjudzhet.------Article 91. A State Tax------1. A State Tax оплачиваются:------statements of claim; applications for confession by untenable (bankrupts) of organizations and citizens;------Applications for intervention as the third person declaring do-it-yourself requests on the matter in dispute;------applications for the fact-finding, having the jural significance;------appeal and appeals for review on awards, and also on rulings of dismissal, about leaving of the claim without consideration, about imposing{superposition} of judicial fines;------applications for issue of the writ of execution on enforcement of solutions of an arbitration tribunal;------appeal and appeals for review on definitions of arbitration court about issue of the writ of execution on enforcement of solutions of an arbitration tribunal and about failure{refusal} in issue executive lista.------2. At increase of lawsuits the missing sum of a State Tax is collected at decision marking according to the enlarged sum in dispute. At reduction of a claim amount the paid duty not vozvrashchaetsja.------3. Problems of establishment of the dimension of a State Tax, discharging of its{her} payment, delay or the installment plan of payment of a State Tax and reduction of its{her} dimension are decided according to federal zakonom.------Article 92. A claim amount------1. A claim amount определяется:------on legal actions for recovery of money resources, proceeding from the recoverable sum;------under claims for confession not executory executive or other document on which penalty is effected in indisputable (bezaktseptnom) the order, proceeding from the challenged sum;------under claims for reclamation of property proceeding from cost of property;------under claims for reclamation of the ground area proceeding from cost of the ground area under the content price, and at its{her} absence - on market tsene.------the claim amount actuates also the sums of a penalty indicated in the statement of claim (the fine, the fine{foam}).------2. The claim amount, consisting of several do-it-yourself requests, is determined by the sum of all trebovanij.------3. In an event of the improper indicating of a claim amount she is determined arbitration sudom.------Article 93. Return of a State Tax------1. The State Tax is subject to return according to federal zakonom.------2. In the judicial certificate{act} of arbitration court the circumstances being the grounding for full or partial return state poshliny.------3 are indicated. Under applications, appeal or to the appeals for review paid by a State Tax, but not proceeding at arbitration court or to them{him;it} reset, and under the judicial certificates{acts} providing full or partial drawback of tax, its{her} recurring Article 94 is effected ground given by court spravki.------. Payment of the sums due to experts, witnesses and translators------1. The expertThe m, and to translators are reimbursed to witnesses suffered by them in connection with appearance in arbitration court charges on passage, hiring of a room and paid sutochnye.------2. Experts and translators get compensation for the activity plump by them on behalf of arbitration court if this activity is not included into a circle their service objazannostej.------3. To the citizens called in arbitration court as witnesses, the bound refunded them, with loss of time in connection with appearance in sud.------4. The sums, repayable to witnesses and experts, the face participating in business, declared introduces on the deposit account of arbitration court forwards the conforming request. If the request proceeds from both parties, the required sums are introduced by them in equal parts. If padding examination is nominated under the initiative of the court, the repayable sums are paid to the expert by court from the deposit account. These sums are collected from the faces participating in business, according to article 95 of the true Code with transfer on the deposit account suda.------5. The sums due to experts, witnesses, translators, are paid by arbitration court after fulfilment by them of the objazannostej.------6. The order of payment and the dimensions of the sums repayable, are established{set} by Government Russian Federatsii.------Article 95. Distribution between the faces participating in business, court costs------1. Court costs concern on the faces participating in business, is proportional to the dimension satisfied claim trebovanij.------2. The State Tax of which payment when due hereunder the claimant has been free, is collected from a transponder in the income of the federal budget proportionally to the dimension of the satisfied lawsuits if the transponder is not free of payment poshliny.------3. If business has arisen owing to violation{disturbance} by a face participating in business, pre-trial (pretenzionnogo) about darraigning, foreseen the federal act for the given grade of chaffers or the agreement (leaving of the claim without the answer, nevysylka the obtained on demand documents), the arbitration court has the right to refer on this face court costs irrespective of outcome dela.------4. At the agreement of the faces participating in business about distribution of court costs arbitration court makes a decision according to it soglasheniem.------5. The court costs suffered by faces, participating in business, in connection with feed appeal, the appeal for review, are distributed according to the regulations stated in true statje.------Chapter 12. Time limits------Article 96. Establishment and calculation of time limits------1. Proceedings are committed in times, content by the present Code or other federal acts, and in events when time limits are not established{installed}, they are nominated arbitration sudom.------2. Times for committing proceedings are determined by a precise calendar date, the indicating on event which necessarily should set in, or a span during which action can be soversheno.------3. Flow of the time limit estimated on years, months or days, starts next day after a calendar date or an occurrence of an event by which it is determined it{him} nachalo.------Article 97. The terminal of time limits------1. The time estimated on years, expires in the conforming month and figure of the last year of the law day. The time estimated on months, expires in the conforming figure of the last month of the law day. If the terminal of the time estimated on months, falls at month which has no the conforming figure time expires in the last day of it mesjatsa.------In events when the last day of time falls at the inactive day, day of the terminal of time considers the first worker following nymas den.------2. Proceedings can be plump till twenty four o'clock the last day of the law day. If appeal, cassation petitions and other documents have been handed a signal installation till twenty four o'clock the last day of time Article 98 is not considered time propushchennym.------. Stay of time limits------With stay of proceedings flow of all not expired time limits is suspended. From the date of revival flow of time limits prodolzhaetsja.------Article 99. Restoration and extension of time limits------1. Under the application of the face participating in business, the arbitration court, having recognized the causes of the skip content the present Code or other federal acts of the time limit valid, recovers{restores} passed srok.------2. About restoration of the default it is underlined in the solution, definition or the decree of arbitration court. About failure{refusal} in restoration of time it is born opredelenie.------3. Definition of arbitration court about failure{refusal} in restoration of the passed time limit can be obzhalovano.------4. The time limits appointed as arbitration court can be him{it} prodleny.------Chapter 13. Judicial fines------Article 100. Amercement------the Fine is imposed by arbitration court in events and the dimensions, foreseen the present Code, and Article 101 is collected in federal bjudzhet.------. The order of consideration of a problem on amercement------1. The problem on amercement is authorized in meeting arbitration suda.------2. About time and a place of meeting of a face concerning which it is regarded an issue about amercement, are informed by the certified mail with the assurance of receipt. Absence properly the informed face is not an interrupting to consideration of a problem on imposing{superposition} shtrafa.------3. By results of consideration of a problem on amercement the arbitration court bears opredelenie.------4. Definition of arbitration court about amercement can be obzhalovano.------Section II. Manufacture in arbitration court of the first instance------Chapter 14. Suing------Article 102. The form and the content of the statement of claim------1. The statement of claim files in arbitration court in writing. It is signed by the claimant or it{him} predstavitelem.------2. In the statement of claim should be указаны:.. 1) the name of arbitration court in which it is filed application;.. 2) the name of the faces participating in business, and their mail addresses;.. 3) a claim amount if the claim is subject to an assessment{evaluation};.. . 4) circumstances on which lawsuits are based;.. 5) the proofs verifying the groundings of lawsuits;.. 6) calculation of the recoverable or challenged sum;.. 7) plaintiff's demands referring to laws and other normative legal acts, and at suing to several transponders of a request to each of them;.. 8) cramps on 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 the agreement;.. 9) a list enclosed dokumentov.------In the statement of claim other cramps if they are necessary for the correct resolution of dispute, and also available for the claimant hodatajstva.------Article 103 are indicated also.------the Claimant at suing is obliged to direct a direction of copies of the statement of claim and documents enclosed it{him} to other faces participating in business, a copy of the statement of claim and the documents enclosed in it{him}, which for them otsutstvujut.------Article 104. The documents enclosed the statement of claim------To the statement of claim are applied documents, подтверждающие:.. 1) payment of a State Tax in the content order and the dimension;.. 2) a direction of copies of the statement of claim and the documents enclosed in it{him};.. 3) 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 the agreement;.. . 4) circumstances to which are based claim trebovanija.------If the statement of claim signed by the representative of the claimant, it is applied the power of attorney verifying his{its} authorities on presentation iska.------To the application for compulsion to conclude the agreement is applied the design dogovora.------Article 105. Connection and unlocking of several lawsuits------1. The claimant has the right to bridge in one statement of claim some requests, the bound between soboj.------2. The arbitration court has the right to aggregate some uniform{homogeneous} businesses in which the same faces participate, in one proizvodstvo.------3. The arbitration court has the right to secure{discharge} one or several coherent requests in separate proizvodstvo.------4. About association of businesses and about secretion of requests in separate manufacture the arbitration court is born opredelenie.------with Article 106. Acceptance of the statement of claim------1. The judge decides a problem on acceptance of the statement of claim edinolichno.------2. The judge is obliged to accept to manufacture of arbitration court the statement of claim conveyed{fed} with observance{holding} of requests, foreseen hereby Kodeksom.------3. About acceptance of the statement of claim the judge bears definition. The content of this definition can be stated in definition about preparation of an affair to the action at law in zasedanii.------Article 107. Failure{refusal} in acceptance of the statement of claim------1. The judge refuses in acceptance claim заявления:.. 1) if spores is not subject to consideration in arbitration court;.. 2) if there is entered in the enforceability adopted on spore between the same faces, about the same subject and on the same groundings a solution or the ruling of dismissal or about the statement{confirmation} of an accord and satisfaction of court of the general jurisdiction, arbitration court;.. 3) if in manufacture of court of the general jurisdiction, arbitration court, an arbitration tribunal there is a business on spore between the same faces, about the same subject and on the same groundings;.. . 4) if is present entered in the enforceability adopted on spore between the same faces, about the same subject and on the same groundings the solution of an arbitration tribunal, except for events when the arbitration court has refused in issue of the writ of execution on enforcement of the solution of an arbitration tribunal, has returned business on new trial in the arbitration tribunal which has made a decision, but consideration of an affair in the same arbitration tribunal has appeared nevozmozhnym.------2. About failure{refusal} in acceptance of the statement of claim the judge bears definition which is directed the faces participating in business, not later than five days from the date of it{him} postuplenija.------To the definition, the directed claimant, are applied claim materialy.------3. Definition about failure{refusal} in acceptance of the statement of claim can be appealed against. In an event of cancellation of definition Article 108 is considered the statement of claim conveyed{fed} per day the initial circulation in arbitration sud.------. Recurring of the statement of claim------1. The judge returns the statement of claim and enclosed to it{him} документы:.. 1) if not the form and the content of the statement of claim, content in article 102 of the true Code are observed;.. 2) if the statement of claim not signed or signed a face which is not having the rights to sign it{him}, or a face which official rule{situation;position} is not indicated;.. 3) if business to is not under the jurisdiction given arbitration court;.. 4) if not proofs of a direction are submitted{shown} to other faces participating in business, copies of the statement of claim;.. 5) if not the documents verifying payment of a State Tax in the content order and the dimension are submitted{shown}, and in events when the federal act stipulates a capability of delay, installment plan of payment of a State Tax or reduction of its{her} dimension, there is a petition for it or the petition is dismissed;.. . 6) if the claimant has not presented the documents verifying 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 the agreement;.. 7) if in one statement of claim some requests to one or several transponders when these requests irrelevant among themselves are paired;.. 8) if not proofs of the circulation in bank or other credit institution behind obtaining from a transponder of the indebtedness when she by the law, to other normative legal act or the agreement should be received{obtained} through bank or other credit institution are submitted{shown};.. 9) if before rendition of definition about acceptance of the statement of claim to manufacture from the claimant the application for recurring claim zajavlenija.------2 has acted{arrived}. About recurring the statement of claim the judge bears opredelenie.------3. Definition about recurring the statement of claim can be appealed against. In an event of cancellation of definition the statement of claim is considered conveyed{fed} per day the initial circulation in arbitration sud.------4. Recurring of the statement of claim does not hinder with the secondary circulation from nymas in arbitration court in the general order after elimination allowed narushenij.------Article 109. The recall on the statement of claim------1. The face participating in business, has the right to direct arbitration court the recall on the statement of claim with the appendix of the documents verifying declaimings{oppositions} against the claim, in time, ensuring receipt{entry} of the recall by day of consideration of an affair, and the proof of the renvoi to other faces participating in business, copies of the recall and documents, which for them otsutstvujut.------2. In the recall указываются:.. 1) the name of arbitration court to which the recall is directed;.. 2) the name of the claimant and file number;.. . 3) in a chance fluctuation of lawsuits motives of full or partial deviation{rejection} of plaintiff's demands referring to laws and other normative legal acts, and also on the proofs justifying declaimings{oppositions};.. 4) a list enclosed the recall dokumentov.------In the recall other cramps, and also available for a transponder hodatajstva.------3 can be indicated. The recall is signed by a face participating in business, or his{its} representative. To the recall signed by the representative, the power of attorney verifying his{its} authorities on management dela.------Article 110 is applied. Counter-claiming------1. The transponder has the right before decision marking on business to present to the claimant the counter claim for his{its} consideration together with initial iskom.------2. Counter-claiming is effected on common rules of presentation iskov.------3. The counter claim принимается:.. 1) if the claim in return is directed to offset of a starting requirement;.. . 2) if the satisfaction of the counter claim excludes completely or regarding satisfaction of the initial claim;.. 3) if between counter and initial claims is present the reciprocal relationship and their joint consideration will put{cause} to faster and correct consideration spora.

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