Sunday, April 8, 2007

  • Article 111. Vicissitude of the address during manufacture on business------the Faces participating in business, are obliged to inform arbitration court on change of the address during manufacture on business. For want of such report remedial documents are directed on the last known arbitration court to the address and are considered delivered, even the addressee to this address more is not or not prozhivaet.------Chapter 15. Preparation of an affair to proceeding------Article 112. On preparation of an affair to proceeding------At preparation of an affair to proceeding the judge effects actions of the judge following действия:.. . 1) regards an issue about engaging to a concern in the business of other transponder or the third person;.. 2) informs interested persons on manufacture on business;.. 3) offers the faces participating in business, other organizations, their officials to execute fixed actions, including to present documents and the cramps important for the resolution of dispute;.. 4) checks the relevancy and admissibility of evidence;.. 5) invokes{produces} witnesses;.. 6) regards an issue about destination of examination;.. 7) directs other arbitration courts rogatory letters;.. 8) invokes{produces} the faces participating in business;.. 9) takes of a measure to conciliation of the parties;.. 10) solves the problem on a call of chiefs of the organizations participating in business, for a rate of arguments;.. 11) takes measures on maintenance iska.------the Judge Article 113 commits also other actions, directed on maintenance of the correct and well-timed sanction spora.------. Definition about preparation of an affair to proceeding------1. About preparation of an affair to proceeding the judge bears definition in which it is underlined about actions on preparation of an affair, destination of an affair to proceeding, time and his{its} place provedenija.------2. Definition is directed the faces participating in business, the certified mail with the notice about vruchenii.------Chapter 16. Proceeding------Article 114. Time of consideration of an affair------Business should be considered and the solution is accepted in time, not superior two months from the date of receipt{entry} of the statement of claim in arbitration sud.------Article 115. Meeting of arbitration court------1. Trial descends in meeting arbitration suda.------2. The judge presiding in заседании:------uncloses meeting of arbitration court and declares, what business is subject to consideration;------checks appearance of the faces participating in business, and other participants of arbitral procedure in meeting, their authorities, whether the faces which have not shown in meeting and what cramps on the causes of their absence are present are informed properly;------declares a composition proceedings, informs, who participates in the capacity of the expert, a translator, and articulates the faces participating in business, their right to declare offtakes;------Articulates the faces participating in business, and other participants of arbitral procedure their procedural rights and responsibilities;------prevents a translator of the responsibility for certainly improper transfer{translation}, the expert - for a rate of the false conclusion or failure{refusal} of a rate of the conclusion, the witness - for a rate of false indications{readings} and failure{refusal} or deflexion from evidence;------expels from the hall meetings of the being witnesses prior to the beginning of their interrogation;------determines the order of management of meeting and probe of proofs;------supervises over meeting, ensuring making out of the circumstances important for an affair;------takes of a measure to maintenance in meeting proper porjadka.------3. The meetings present in a hall have the right to do{make} written notes, to conduct the stenogram and a sound. The kino and photographing, video, and also translation of session of the court via radio and to a television are supposed from the leave of court construing delo.------Article 116. The order in meeting of arbitration court------1. At an orifice of judges in a hall of meeting all present in a hall rise. All meetings of a face located in a hall auscultate to the award stoja.------2. The faces participating in business, and other participants of arbitral procedure revert to arbitration court costing{standing} and give the arguments and indications{readings} costing{standing}. Departure from this rule can be allowed only from the sanction predsedatelstvujushchego.------3. In an event of a disorderly conduct during meeting presiding on behalf of arbitration court does{makes} the warning to the face admitting narushenie.------At a repeated disorderly conduct the indicated face Article 117 can be expelled from the hall meetings under the order predsedatelstvujushchego.------. Probe of proofs and continuity of the action at law------1. By consideration of an affair the arbitration court investigates proofs on business: Hears arguments of the faces participating in business, indications{readings} of witnesses, expert opinions, acquaints with written evidences, examines material dokazatelstva.------2. Trial implements at an invariable composition proceedings. In an event of changing of one of judges during trial it should be made with itself nachala.------3. The action at law on each business descends continuously, except for the time appointed for leisure time activities. In unusual cases the arbitration court has the right to declare a rest in meeting for the term of no more than three dnej.------4. Before decision marking on business or before adjournment of his{its} consideration Article 118 has no right to consider arbitration court other dela.------. The sanction arbitration court of applications and petitions of the faces participating in business------1. Applications and petitions of the faces participating in business, for reclamation of new proofs and on all other problems, the bound with trial, are allowed by arbitration court after a hearing of judgements of other faces participating in dele.------2. By results of consideration of applications and petitions the arbitration court is born opredelenie.------with Article 119. The resolution of dispute at non-presentation of the recall on the statement of claim or corroborating evidences, and also without sharing{participation} the faces participating in business------1. Non-presentation of the recall on the statement of claim or corroborating evidences which the judge has offered to present the faces participating in business, is not an interrupting to consideration of an affair on available in a nem materialam.------2. At absence in meeting of arbitration court of the transponder properly informed on time and a place of trial, spores can be permitted{solved} in it{him} otsutstvie.------3. At absence in meeting of arbitration court of the claimant properly informed on time and a place of trial, spores can be permitted{solved} in his{its} absence if there is the application of the claimant for consideration of an affair in it{him} otsutstvie.------Article 120. Adjournment of consideration of an affair------1. The arbitration court has the right to postpone consideration of an affair in events when it cannot be considered in the given meeting, including owing to absence somebody from the faces participating in business, witnesses, experts, translators or necessity of submission padding dokazatelstv.------About adjournment of consideration of an affair is born opredelenie.------2. Participants of arbitral procedure are informed on time and a place of new meeting of arbitration court definition or other document which are directed with the notice about vruchenii.------3. New trial after his{its} adjournment starts snachala.------Article 121. An accord and satisfaction of the parties------1. Achievement by the parties of an accord and satisfaction is made out by them pismenno.------2. The accord and satisfaction affirms arbitration court about what definition in which Article 122 is underlined about phase-out on delu.------is born. The terminal of consideration of an affair------After probe of all proofs presiding in session of the court becomes clear from the faces participating in business, whether there is for them accessory materials on business. For want of such applications presiding declares probe of an affair concluded and the arbitration court leaves for acceptance reshenija.------Article 123. The minutes------1. In session of the court, and also at committing separate proceedings outside of session of the court year, month, figure and a place of session of the court is compounded{made} protokol.------In the minutes of session of the court указываются:.. 1);.. 2) the name of the court, construing put, a composition proceedings;.. 3) the name of an affair;.. . 4) cramps on appearance of the faces participating in business, and other participants of arbitral procedure;.. 5) cramps on an explanation to the faces participating in business, and other participants of arbitral procedure of their procedural rights and responsibilities;.. 6) definitions, borne court without expelling from the hall of meeting;.. 7) oral applications and petitions of the faces participating in business;.. 8) indications{readings} of witnesses, oral explanations zakljuchenij.------In the minutes on committing separate proceedings are indicated by experts of the also received{obtained} dannye.------2. The minutes is conducted by the judge presiding in session of the court or other judge of the structure construing delo.------3. The minutes of session of the court is signed by the judge presiding in meeting, not later following after meeting dnja.------the Minutes on committing separate proceedings is compounded{made} and signed by the judge directly after committing it dejstvija.------4. Participants of arbitral procedure have the right to acquaint with the minutes of session of the court or proceedings and to represent remarks concerning a completeness and regularities of his{its} drawing up within three days after signing protokola.------5. About acceptance or deviation{rejection} of remarks on the minutes the judge bears opredelenie.------Chapter 17. The award------Article 124. Decision marking------1. At the resolution of dispute in essence the arbitration court makes a decision. The award should be legal and obosnovannym.------the Arbitration court bases the solution only to those proofs which have been investigated in zasedanii.------2. The solution strikes root in a separate room after the terminal of trial in session of the court. During decision marking in a room can be only the judge, included in the arbitration court construing delo.------3. By collegiate consideration of an affair the award strikes root the majority golosov.------Article 125. The problems allowed at decision marking------1. At decision marking arbitration суд:------estimates proofs;------determines, what circumstances important for an affair, are established{installed} also what not established{installed};------decides, what laws and other normative legal acts to which the faces participating in business referred, it is not necessary to apply on the given business;------determines, what laws and other normative legal acts should be applied on the given business;------establishes{sets}, what rights and responsibilities of the faces participating in business;------decides, whether the claim udovletvoreniju.------2 is subject. Arbitration court, having recognized during meeting necessary follow-up to probe proofs or to prolong making out of the circumstances important for an affair, renews the action at law dela.------Article 126. The exposition of the solution------the Solution is stated in written form presiding in session of the court or other judge of the structure, construing put, and is signed by all judges participating in zasedanii.------Article 127. The content of the solution------1. The arbitration court makes a decision a name Russian Federatsii.------2. The award will consist from introductory, descriptive, motivation and rezoljutivnoj chastej.------the Title of the solution should contain the name of the arbitration court which has made a decision, a composition proceedings, file number, date and a place of trial, the name of the faces participating in business, the matter in dispute, surnames of faces present at meeting with their indicating polnomochij.------the Descriptive part of the solution should contain run-down of the statement of claim, the recall on him{it}, other arguments, applications and petitions of the faces participating in dele.------In the reasoning of the solution circumstances of an affair, content arbitration court should be indicated, the proof on which breedings of arbitration court about these circumstances are based, and reasons on which the arbitration court wedges those or other proofs and does not apply laws and other normative legal acts to which the faces participating in business referred, and also laws and other normative legal acts, Which the court was guided by at acceptance reshenija.------the Substantive provision of the solution should contain breedings about satisfaction or failure{refusal} in satisfaction of each stated claim trebovanija.------With the participation in business of several claimants and transponders in the solution it is underlined, as is permitted{solved} spores concerning each of nih.------At full or partial satisfaction of initial and counter claims in the substantive provision of the solution the sum callable in outcome zacheta.------In the substantive provision of the solution is underlined is underlined about distribution between the faces participating in business, judicial rashodov.------3. If the arbitration court establishes{sets} the order of performance{fulfillment} of the solution or takes of a measure to maintenance of his{its} performance{fulfillment}, about it Article 128 is underlined in reshenii.------. The solution on penalty of money resources and judgment of property------1. At satisfaction of a legal action for recovery of money resources in the substantive provision of the solution the arbitration court indicates the general dimension of the callable sums with partite definition of the main{basic} indebtedness, average general costs and penalties (the fine, the fine{foam}).------2. At judgment of property the arbitration court indicates the name subject to cession of goods, his{its} cost and a place nahozhdenija.------Article 129. The solution on confession not executory executive or other document------At satisfaction of the claim on spore on confession not executory executive or other document on which penalty is effected in indisputable (bezaktseptnom) the order, including ground the executive inscription of the notary, in the substantive provision of the solution the name, number and date of the document which is not executory, and the sum which is not subject spisaniju.------Article 130 are indicated. The solution on the conclusion or change of the agreement------On the spore, arisen at the conclusion or change of the agreement, in the substantive provision is underlined the solution on each disputable term of the contract, and on spore on compulsion to conclude the agreement conditions on which the parties are obliged to conclude dogovor.------Article 131 are indicated. The solution obliging a transponder to commit fixed actions------At decision marking, an obliging transponder to commit the fixed actions irrelevant with cession of goods or penalty of moneys, the arbitration court in the substantive provision of the solution indicates, who where when or during what span it is obliged these actions sovershit.------Arbitration court if necessary can to indicate, that if the transponder will not execute the solution the claimant has the right to commit the conforming actions at the expense of a transponder with penalty from him{it} necessary rashodov.------If the indicated actions can be accomplished only by a transponder, the arbitration court establishes{sets} time during which the solution should be ispolneno.------Article 132 in the solution. The solution on business about annulment of the certificate{act} of a state organ, an institution of local government and other organ------1. On business about annulment of the certificate{act} of a state organ, an institution of local government and other organ in the substantive provision of the solution should содержаться:------cramps on the name, number, date of the issuing, other necessary essential elements of the certificate{act} and on an organ, it{him} izdavshem;------the indicating on confession of the certificate{act} invalid completely either in a fixed part or about failure{refusal} in a meeting the requirement of the applicant completely or in fixed chasti.------2. At a meeting the requirement about a unenforceability of failure{refusal} in state registration or deflexions from registration in the substantive provision of the solution Article 133 lays under obligation the conforming state organ to commit arbitration court such registratsiju.------. The award about the finding of fact, having the jural significance------At satisfaction court of the application for the finding of fact, having the jural significance, in the solution should be stated content fakt.------the Award about the finding of fact, having the jural significance, Article 134 forms the grounding for registration of such fact or for registration of rights which arise in connection with the established fact, conforming organami.------. The declaration of the solution------1. The solution after his{its} acceptance is declared presiding in the same meeting in which business was considered. In unusual cases on special composite affairs drawing up of the motived solution can be postponed for the term of no more than three days, but the substantive provision of the solution is declared in the same meeting in which trial has concluded. Simultaneously presiding declares, when the faces participating in business, can acquaint with motived resheniem.------the Declared substantive provision of the solution should be signed by all judges and it is united to delu.------2. Presiding in meeting articulates the order of the appeal against the decision arbitration suda.------Article 135. The introduction of the solution into the enforceability------1. The award enters the enforceability at the expiration of month time after it{him} prinjatija.------Solutions of the Maximum Arbitration court of the Russian Federation inure from the moment of them prinjatija.------In an event of feed of a petition of appeal the solution if it is not cancelled, enters the enforceability from the moment of rendition of the decree appeal instantsiej.------2. The award is carried into execution after his{its} introduction in legal silu.------3. Solutions on confession invalid certificates{acts} of state organs, institutions of local government and other organs, and also definition about the statement{confirmation} world soglashenija.------Article 136 are subject to immediate performance{fulfillment}. Maintenance of performance{fulfillment} of the solution------Arbitration court under the application of the faces participating in business, makes of a measure on maintenance of performance{fulfillment} of the solution on regulations, content chapter 7 true Kodeksa.------Article 137. A direction of the solution to faces, uchastvujushchim in business------the Award is directed the faces participating in business, the certified mail with the assurance of receipt or hands to them againts receipt in five-day time from day prinjatija.------Article 138. The padding solution------1. The made a decision arbitration court makes the padding solution in случаях:.. 1) if on any request on which the faces participating in business, have presented proofs, the solution was not accepted;.. 2) if the court, having solved the problem about the right, has not indicated the dimension of the award subject to cession of goods or action which the transponder is obliged to commit;.. 3) if not the problem about judicial rashodah.------2 is permitted{solved}. The problem on acceptance of the padding solution can be put up to the introduction of the solution in legal silu.------3. The problem on acceptance of the padding solution is authorized in meeting. The faces participating in business, are informed on time and a place of meeting by the certified mail with the assurance of receipt. Absence properly the informed faces participating in business, does not hinder with consideration voprosa.------In default in acceptance of the padding solution is born opredelenie.------4. Definition of arbitration court about failure{refusal} in acceptance of the padding solution can be obzhalovano.------Article 139. An explanation of the solution. Correcting of corrigendas, erratumes and clerical errors------1. In an event of a vagueness of the solution the arbitration court, permitted{solved} spores, has the right under the application of the face participating in business, to explain the solution, not variating his{its} content, and also under the application of the face participating in business, or under the initiative to correct allowed corrigendas, erratumes and clerical errors, not affecting an entity reshenija.------2. About an explanation of the solution and on correcting of corrigendas, erratumes or clerical errors it is born opredelenie.------3. Definition can be obzhalovano.------Chapter 18. Definition of arbitration court------Article 140. Rendition of definition and his{its} content------1. The arbitration court bears definition by the way the separate certificate{act} at adjournment of consideration of an affair, stay, phase-out on business, leaving of the claim without consideration, and also in other events, foreseen hereby Kodeksom.------2. In the definition born by the way separate certificate{act}, there should be указаны:.. 1) a name of arbitration court, file number, date of rendition of definition, a composition proceedings, the matter in dispute;.. 2) the name of the faces participating in business;.. 3) a problem on which definition is born;.. 4) motives on which the arbitration court has come to the breedings, referring to laws and other normative legal acts;.. 5) a breeding on considered voprosu.------3. By consideration of an affair in session of the court the arbitration court has the right to bear definition without registration by the way the separate certificate{act} on the problems requiring of the sanction during judicial razbiratelstva.

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