Sunday, April 8, 2007

  • ------Article 174. Limits of consideration of an affair in court of cassation------By consideration of an affair in court of cassation the arbitration court checks a regularity of application of norms{standards} of the substantive law and norms{standards} of a procedural right arbitration court first and appeal instantsij.------Article 175. Authorities of court of cassation------Federal arbitration court of a district, having considered business, вправе:.. 1) to keep the solution of the first instance or the decree of a court of appeal without change, and the petition without satisfaction;.. 2) to revoke a decision the first instance or the decree of a court of appeal completely or regarding and to make the new solution;.. . 3) to revoke a decision the first instance and the decree of a court of appeal and to refer matter on new trial to instance of arbitration court, the solution or which decree is cancelled, if the adopted solution or the decree is insufficiently justified;.. 4) to change the solution of the first instance or the decree of a court of appeal;.. 5) to revoke a decision the first instance or the decree of a court of appeal completely or regarding and to stop manufacture on business or to keep the claim without consideration completely or regarding;.. 6) to uphold one of earlier adopted solutions or postanovlenij.------Article 176. The groundings to change or cancellation of the solution------1. The groundings to change or cancellation of the solution or the decree of arbitration court are violation{disturbance} or misapplication of norms{standards} of the substantive law or norms{standards} remedial prava.------2. Violation{Disturbance} or misapplication of norms{standards} of a procedural right is the grounding to change or cancellation of the solution or the decree if this violation{disturbance} has reduced or could reduce in acceptance improper reshenija.------3. Violation{disturbance} of norms{standards} of a procedural right is the grounding to cancellation of the solution or постановления:.. 1) if business is considered by arbitration court in pirate structure;.. 2) if business is considered by arbitration court in absence somebody from the faces participating in business which have been not informed properly about time and a place of meeting;.. 3) if by consideration of an affair rules about tongue have been infringed;.. 4) if in the solution or the decree there is a count upon a statute or other normative legal act which the arbitration court was guided by at decision marking or decrees;.. 5) if the arbitration court has made a decision or the decree on rights and responsibilities of faces, not attracted to a concern in the business. These faces have the right to appeal against such solution or the decree in the order, content the present Code;.. 6) if the solution or the decree not signed somebody from judges or signed not those judges who are indicated in the solution or the decree;.. 7) if the solution is accepted not those judges who were part of the court, construing put;.. 8) if in business there is a minutes of session of the court or he is not signed by the faces indicated in article 123 true Kodeksa.------Article 177. The decree of court of cassation------1. By results of consideration of the appeal for review the decree which is signed by all sudjami.------2 strikes root. In the decree there should be указаны:.. 1) a name of the arbitration court accepting the decree, file number and date of acceptance of the decree, a composition proceedings, accepting the decree, surnames of faces present at meeting with the indicating of their authorities;.. . 2) the name of the face which have submitted the appeal for review, and the faces participating in business;.. 3) the name of the arbitration court, considered put in the first and appeal instances, file number, decision date, decrees, surnames of judges, their accepting;.. 4) run-down of nature adopted solutions, decrees;.. 5) the groundings on which it is raised the question about check of legitimacy of the solution, decrees;.. 6) the reasons stated in the recall on the appeal for review;.. 7) arguments of the faces present at meeting;.. 8) motives on which the arbitration court 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 of the decree;.. . 9) at cancellation or change of the solution of the first instance, the decree of a court of appeal motives on which the court of court of cassation has not agreed with breedings of court first or a court of appeal;.. 10) breedings by results of consideration of the appeal for review;.. 11) actions which should be plump by the faces participating in business, and arbitration court if business is transmitted on new rassmotrenie.------In the decree are underlined about distribution between the faces participating in business, judicial rashodov.------3. The decree is directed the faces participating in business, by the certified mail with the assurance of receipt or is handed to them againts receipt in five-day time from day prinjatija.------4. The decree enters the enforceability from the moment of his{its} acceptance and to the appeal not podlezhit.------Article 178. Compulsion of indicatings of court of cassation------1. Indicatings of the arbitration court, construing put in the court of cassation, stated in the decree, are obligatory for the court again construing delo.------2. The arbitration court, construing put in court of cassation, have no right to determine problems on certainty or unauthenticity of this or that proof, on advantage of one proofs before other, about a volume, what norm{standard} of the substantive law should be applied and what solution should be accepted at new trial dela.------Article 179. Appeals for review on definitions of arbitration court------1. Definitions of arbitration court can be appealed against in the cassation order in events, foreseen hereby Kodeksom.------2. Appeals for review on definitions of arbitration court are considered in the order, foreseen for consideration of appeals for review on solutions and the decree suda.------Chapter 22. Supervisory proceedings------Article 180. Revision of solutions and decrees of arbitration courts by way of supervision------the solutions which have Entered the enforceability and decrees of all arbitration courts in the Russian Federation can be revised in the exercise of supervisory powers under protests of the officials indicated in article 181 of the true Code, except for decrees of Presidium of the Maximum Arbitration court Russian Federatsii.------Article 181. The faces having the right of adjuration of the protest------Protests have the right приносить:------the Chairman of the Maximum Arbitration court of the Russian Federation and the Prosecutor General of the Russian Federation on solutions and decrees of any arbitration court in the Russian Federation, except for decrees of Presidium of the Maximum Arbitration court of the Russian Federation;------The vice-president of the Maximum Arbitration court of the Russian Federation and the deputy of the Prosecutor General of the Russian Federation on solutions and decrees of any arbitration court in the Russian Federation, except for solutions and decrees of the Maximum Arbitration court Russian Federatsii.------Article 182. Stay of execution of the solution, the decree------the Chairman of the Maximum Arbitration court of the Russian Federation and his{its} deputy can suspend performance{fulfillment} conforming solutions, postanovlenija.------Article 183. The arbitration court construing affairs under protests in the exercise of supervisory powers------Presidium of the Maximum Arbitration court of the Russian Federation Article 184 considers affairs under protests in the exercise of supervisory powers on solutions and decrees of all arbitration courts in Russian Federatsii.------. Reclamation of businesses------the Officials listed{transferred} in article 181 of the true Code, has the right to slate from the conforming arbitration court business for a settlement of a question about availability of the groundings for adjuration of the protest in the order nadzora.------Article 185. Adjuration of the protest------1. If there is the groundings for adjuration of the protest, including in connection with the application of the face participating in business, the official indicated in article 181 of the true Code, brings the protest and directs it{him} together with business to Presidium of the Maximum Arbitration court of the Russian Federation. The application for adjuration of the protest on the solution which has entered the enforceability, the decree of arbitration court can be conveyed{fed} after consideration of an affair in appeal or court of cassation. The face which has submitted zajavlenie.------2 is informed on absence of the groundings for adjuration of the protest. Copies of the protest are directed the faces participating in dele.------3. The official who has brought the protest in the exercise of supervisory powers, has the right to withdraw it{him} prior to the beginning of consideration of an affair. The faces participating in dele.------Article 186 are informed on the recall of the protest. The order of consideration of the protest------1. By consideration of the protest the Presidium of the Maximum Arbitration court of the Russian Federation hears the report of the judge of the Maximum Arbitration court of the Russian Federation on circumstances of an affair and reasons protesta.------2. For a rate of arguments in meeting of Presidium the faces participating in business can be called. In this case he{it} directs notices on time and a place of meeting of Presidium. Their absence does not hinder with consideration dela.------Article 187. Authorities of Presidium of the Maximum Arbitration court of the Russian Federation on revision of businesses in the exercise of supervisory powers------1. Presidium of the Maximum Arbitration court of the Russian Federation, having considered put in the exercise of supervisory powers, вправе:.. 1) to keep the solution, the decree of arbitration court without change, and the protest without satisfaction; .. 2) to revoke a decision, The decree completely or regarding and to direct business on new trial;.. 3) to change or revoke a decision, the decree and to make the new solution, not referring matter on new trial;.. 4) to revoke a decision, the decree completely or regarding and to stop manufacture on business or to keep the claim without consideration completely or regarding;.. 5) to uphold one of earlier adopted on solutions or postanovlenij.------2. By results of consideration of an affair the decree which is directed the faces participating in business, in five-day time is in the exercise of supervisory powers born from the date of his{its} rendition by the certified mail with the notice about vruchenii.------Article 188. The groundings to change or cancellation of the solution, the decree------the Groundings to change or cancellation of the solution, the decree in the exercise of supervisory powers are illegality or groundlessness judicial akta.------the solution, the decree of arbitration court on only one formal osnovanijam.------Article 189 cannot be cancelled correct in essence. The method of adoption of the decree------1. The presidium of the Maximum Arbitration court of the Russian Federation accepts the decree. The decree is deemed accepted, if for him{it} has voted the majority from total number of present members Prezidiuma.------2. The decree of Presidium is signed by the Chairman of the Maximum Arbitration court Russian Federatsii.------3. The decree of Presidium inures c his{its} moment prinjatija.------Article 190. Compulsion of indicatings of the arbitration court, construing put in the exercise of supervisory powers------1. Indicatings of the arbitration court construing business in the exercise of supervisory powers, stated in the decree on cancellation of the solution, the decree, are obligatory for the arbitration court again construing given delo.------2. The arbitration court, construing put in the exercise of supervisory powers, have no right to establish or consider{set or consider;establish or count;set or count} proved circumstance which have not been established{installed} in the solution, the decree or are disallowed by him{it}, to determine problems on certainty or unauthenticity of this or that proof, advantage of one proofs before other, about a volume, what norm{standard} of the substantive law should be applied and what solution, the decree should be accepted at new trial dela.------Article 191. Protest and revision in the exercise of supervisory powers definitions of arbitration courts------1. The definitions of the arbitration courts which have entered the enforceability, can be protested and revised in the exercise of supervisory powers separately from the solution in events when the present Code stipulates their appeal and also when they hinder with the further motion dela.------2. Protests on definitions of arbitration court are considered in the order, foreseen for consideration of protests on solutions and the decree suda.------Chapter 23. Revision on again unblocking circumstances of judicial certificates{acts} of the arbitration court which has entered the enforceability------Article 192. The groundings of revision------1. The arbitration court can revise on again unblocking circumstances adopted by him{it} entered in the enforceability judicial akt.------2. The groundings for revision on again unblocking circumstances of the judicial certificate{act} являются:.. 1) essential circumstances for an affair which were not and could not be known for the applicant;.. . 2) content the judgement which has entered the enforceability false witness's testimonies, the false expert examination, certainly improper transfer{translation}, podlozhnost documents or the material evidences, entailed acceptance of the pirate or ungrounded judicial certificate{act};.. 3) content the judgement which has entered the enforceability criminal acts of the faces participating in business, either their representatives or criminal acts of judges, perfect by consideration of the given affair;.. 4) cancellation of the judicial certificate{act} of arbitration court, the solution, a judgement or the decree of other organ serving with the grounding to acceptance given reshenija.------Article 193. The order and time of feed of the application------1. The case to move for new trial on again unblocking circumstances of the judicial certificate{act} which has entered the enforceability can be conveyed{fed} to the arbitration court accepting this certificate{act}, the faces participating in business, not later than one month from the date of discovering the circumstances warranting for revision judicial akta.------2. The applicant is obliged to direct other faces participating in business, a copy of the application and the documents enclosed in it{him} which for them otsutstvujut.------To the application are applied the documents verifying a direction of a copy of the application to other faces, participating in dele.------3. At feed of the application after the expiration of the law day and absence of the petition for restoration of the default or at non-presentation of proofs of a direction of copies of the application and the documents enclosed in it{him} to other faces participating in business, it returns the judge zajavitelju.------4. About recurring the application it is born opredelenie.------5. Definition can be obzhalovano.------Article 194. The arbitration courts revising on again unblocking circumstances judicial certificates{acts}, entered the enforceability------1. The solution which has entered the enforceability, the definition adopted in the first instance, are revised by the arbitration court accepting these the solution, opredelenie.------2. Revision on again unblocking circumstances of decrees and definitions appeal, cassation or the supervisory authority by which the judicial certificate{act} is changed or is adopted the new judicial certificate{act}, effected in that instance of arbitration court in which the judicial certificate{act} is changed or adopted new judicial akt.------Article 195. Consideration of the application------on again unblocking circumstances of the judicial certificate{act} which has entered the enforceability arbitration court considers the Case to move for new trial in meeting in a month's time from the date of his{its} receipt{entry}. The applicant and other faces participating in business, are informed by the certified mail with the assurance of receipt on time and a place of meeting, however their absence is not an interrupting to consideration zajavlenija.------Article 196. Definition of arbitration court about revision of an affair------1. The arbitration court, having considered the case to move for new trial on again unblocking circumstances of the judicial certificate{act} which has entered the enforceability, satisfies the application and cancels the judicial certificate{act} or refuses in peresmotre.------2. Definition of arbitration court about failure{refusal} in satisfaction of the case to move for new trial on again unblocking circumstances of the judicial certificate{act} can be obzhalovano.------3. In an event of cancellation of the judicial certificate{act} business is considered by arbitration court on regulations, content hereby Kodeksom.------Section IV. Performance{fulfillment} of judicial certificates{acts}------Article 197. The order of performance{fulfillment} of judicial certificates{acts}------the Judicial certificates{acts} which have entered the enforceability, are executed by all state organs, institutions of local government and other organs, organizations, officials and citizens in all terrain of the Russian Federation in the order, content the present Code and federal zakonom.------Article 198. The writ of execution------1. Enforcement of the judicial certificate{act} is effected ground the writ of execution giving by arbitration court, accepting this akt.------2. The writ of execution is given vzyskatelju after the introduction of the judicial certificate{act} into the enforceability. The writ of execution on penalty of money resources in the income of the budget is directed taxing authority on location dolzhnika.------3. The writ of execution on penalty of money resources is directed vzyskatelem to bank or other credit institution, and in remaining events - judicial ispolnitelju.------Article 199. Issue under one judicial certificate{act} of several writs of execution------If the judicial certificate{act} is adopted for the benefit of several claimants or against several transponders or if performance{fulfillment} should be made in different places, writs of execution with the indicating of that part of the judicial certificate{act} which is carried out executed on given executive listu.------Article 200 are given. The content of the writ of execution------1. In the writ of execution should be указаны:.. 1) the name of the arbitration court which has produced the writ of execution;.. 2) business on which the writ of execution is given, and his{its} number;.. 3) date of acceptance of the judicial certificate{act} executory;.. 4) the name vzyskatelja and the debtor, their address;.. 5) the substantive provision of the judicial certificate{act};.. 6) date of the introduction of the judicial certificate{act} in the enforceability;.. . 7) date of issue of the writ of execution and his{its} time dejstvija.------If before issue of the writ of execution by arbitration court is given delay or the installment plan of performance{fulfillment} of the judicial certificate{act}, in a nem is underlined, flow of validity starts with what time executive lista.------2. The writ of execution is signed by the judge and Article 201 is certified by a stamp seal{printing} arbitration suda.------. Time for presentation of the writ of execution to performance{fulfillment}------1. The writ of execution can be presented to performance{fulfillment} not later than six months from the date of the introduction of the judicial certificate{act} into the enforceability or the terminal of time, content at delay or the installment plan of his{its} performance{fulfillment}, or from the date of rendition of definition about restoration of the default for presentation of the writ of execution to ispolneniju.------2. In case performance{fulfillment} of the judicial certificate{act} has been suspended, time on which it was suspended, is not set off in six-month time for presentation of the writ of execution to ispolneniju.------Article 202. A rest of time for presentation of the writ of execution to performance{fulfillment}------1. The period of limitation of performance{fulfillment} interrupts presentation of the writ of execution to performance{fulfillment}, part performance judicial akta.------2. In an event of recurring of the writ of execution vzyskatelju in connection with impossibility of his{its} performance{fulfillment} new time for presentation of the writ of execution to performance{fulfillment} is estimated from the date of it{him} vozvrashchenija.------Article 203. Restoration of the default for presentation of the writ of execution to performance{fulfillment}------1. At the skip of time for presentation of the writ of execution to performance{fulfillment} on the causes adjudicated by arbitration court valid, the default can be vosstanovlen.------2. The application for restoration of the default files in the arbitration court accepting the judicial certificate{act}. The application is considered in meeting of arbitration court with the notice vzyskatelja and the debtor the certified mail with the assurance of receipt, however their absence is not an interrupting to consideration zajavlenija.------3. By results of consideration of the application definition which is directed vzyskatelju and dolzhniku.------4 is born. Definition can be obzhalovano.------Article 204. Issue of the duplicate of the writ of execution------1. In an event of loss of the writ of execution the arbitration court accepting the judicial certificate{act}, can vzyskatelja give the duplicate under the application. The application can be conveyed{fed} before an expiry of the term, the content writ of execution for presentation to performance{fulfillment}. It is considered in meeting of arbitration court with the notice vzyskatelja and the debtor the certified mail with the assurance of receipt, however their absence is not an interrupting to consideration zajavlenija.------2. By results of consideration of the application definition which is directed vzyskatelju and dolzhniku.------3 is born. Definition can be obzhalovano.------Article 205. Delay or the installment plan of performance{fulfillment} of the judicial certificate{act}, change of a way and about his{its} performance{fulfillment}------1. The arbitration court under the application vzyskatelja, the debtor or the law enforcement officer has the right to defer or spred performance{fulfillment} of the judicial certificate{act}, to change a way and his{its} order ispolnenija.------Deferring the debtor or the installment plan of performance{fulfillment}, the arbitration court can take measures on maintenance of performance{fulfillment} of the judicial certificate{act} in the order, foreseen true Kodeksa.------Problems on delay or on the installment plan of performance{fulfillment} of the judicial certificate{act}, on change of a way and about his{its} performance{fulfillment} are considered by chapter 7 in meeting of arbitration court with the notice vzyskatelja and the debtor the certified mail with the notice about vruchenii.------2. By results of consideration of the application definition which is directed vzyskatelju and dolzhniku.------3 is born. Definition can be obzhalovano.------Article 206. The liability for nonperformance of the judicial certificate{act}------1. For default of the judicial certificate{act} of arbitration court about penalty of money resources by bank or other credit institution to which the writ of execution is presented, on him{it} the fine in the dimension up to 50 percents of the sum subject vzyskaniju.------2 is imposed by arbitration court. Repeated default of judicial certificates{acts} of arbitration courts by banks or other credit institutions is the grounding for the recall of the licence for implementation bank operatsij.------3. For default of the actions indicated in the writ of execution by a face to which committing these actions is assigned, on this face it is fined in the dimension up to 200 content federal act of minimum dimensions of payment truda.------4. Payment of the fine does not release of the responsibility to execute judicial akt.------Article 207. The order of the circulation of the claim to property of the debtor------For want of for the debtor of money resources, sufficient for performance{fulfillment} of the judicial certificate{act} of arbitration court, penalty can be converted on property inhereing to the debtor in the order, content federal zakonom.------Article 208. Turning movement of performance{fulfillment} of the judicial certificate{act}------1. If the carried into execution judicial certificate{act} is changed or cancelled and adopted the new judicial certificate{act} about full or a partial failure in the claim, or manufacture on business is terminated, or the claim is left without consideration, to a transponder all returns that has been collected from him{it} for the benefit of the claimant on cancelled or changed in the conforming part judicial aktu.------2. If not the carried into execution judicial certificate{act} is cancelled or changed and adopted the new judicial certificate{act} about full or a partial failure in the claim, or manufacture on business is terminated, or the claim is left without consideration completely or regarding, the arbitration court accepts the judicial certificate{act} about the full or partial arrest of penalty on cancelled or changed in the conforming part judicial aktu.------Article 209. A settlement of a question about turning movement of performance{fulfillment} of the judicial certificate{act}------1. The problem on turning movement of performance{fulfillment} of the judicial certificate{act} is authorized by arbitration court which has accepted new judicial akt.------If in the decree on cancellation or change of the judicial certificate{act} there are no indicatings on turning movement of his{its} performance{fulfillment}, the transponder has the right to file the conforming application to arbitration court of the first instance. By results of consideration of the statement of defense about turning movement of performance{fulfillment} of the judicial certificate{act} it is born opredelenie.

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