Sunday, April 8, 2007

  • 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 the present Code.------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.------Article 49. Registration of authorities of the representative------1. Authorities of the representative should be expressed in the power of attorney which were given and made out according to zakonom.------2. The power of attorney on behalf of organization is given hand of its{her} chief or other face authorized by its{her} constituent instruments, with the appendix of this seal{printing} organizatsii.------3. The power of attorney giving by the citizen, can be certified in the notarial order, and also organization in which the principal works or studies, housing - operational organization on a place of his{its} habitation and administration of fixed medical establishment in which he is on curing, a command of the conforming military unit if the power of attorney is given servicemen. Powers of attorney of the faces located in the places of confinement, make sure the chief of the conforming place of forfeiting svobody.------4. Authorities of the attorney make sure of the order, content zakonom.------Article 50. Authorities of the representative------Authorities on a maintaining a file in arbitration court give the representative the right on committing on behalf of presented all proceedings, except for signing the statement of claim, drive of an affair to an arbitration tribunal, full or a partial failure from lawsuits and adoption of an action, change of a subject or the cause of action, the conclusion of an accord and satisfaction, a delegation of authority to other face (appointment of a subagent), the appeal of the judicial certificate{act} of arbitration court, signing of the application for adjuration of the protest, a request of enforcement of the judicial certificate{act}, obtaining adjudged property or money. Authorities of the representative on committing of each of the actions indicated in the true article should be specially stipulated in the power of attorney given predstavljaemym.------Article 51. Faces which cannot be representatives to arbitration court------1. Representatives to arbitration court cannot be the faces not having full active capacity or consisting under trusteeship or popechitelstvom.------2. Representatives to arbitration court cannot be the judge, inspectors, public prosecutors and workers of the apparatus of court. The given rule is not distributed to events when the indicated faces act in process in the capacity of authorized conforming courts, prosecutor's offices or as legal predstaviteli.------Chapter 6. Proofs------Article 52. Concept and kinds{views} of proofs------1. Proofs on business are received{obtained} according to the foreseen present Code and other federal acts the order of the cramp, ground which the arbitration court establishes{sets} availability or absence of the circumstances justifying requests and declaimings{oppositions} of faces, participating in business, and also other circumstances important for the correct sanction spora.------These cramps are established{set} written and material evidences, expert opinions, indications{readings} of witnesses, arguments of the faces participating in dele.------2. do not suppose use of the proofs received{obtained} with violation{disturbance} federal zakona.------Article 53. The responsibility of proving------1. Each face participating in business, should prove those circumstances on which it refers as to the grounding of the requests and declaimings{oppositions}. By consideration of chaffers on confession invalid certificates{acts} of state organs, institutions of local government and other organs the responsibility of proving of the circumstances serving with the grounding for acceptance of indicated certificates{acts}, is assigned to an organ accepting akt.------2. The arbitration court has the right to offer the faces participating in business, to present corroborating evidences if will find impossible to consider business ground available dokazatelstv.------Article 54. Submission and reclamation of proofs------1. Proofs are represented by the faces participating in dele.------2. A face participating in business, not having capabilities self-contained to receive the necessary proof from a face participating or not participating in business for which it is, have the right to address to arbitration court with the petition for reclamation of the given proof. In the petition should be indicated, what circumstances important for an affair, can be established{installed} by this proof, the proof designated and the place of his{its} presence is indicated. The court if necessary gives a face participating in business, the inquiry for obtaining the proof. The face which has istrebuemoe court a proof, directs it{him} directly to court or hands out to a face having the conforming inquiry, for drive sudu.------3. If the face from which the arbitration court slates the proof, has no capability of it{him} to present generally or to present in content court time, it is obliged to inform{notify} on it court with the indicating of the causes in five-day time from the date of obtaining the inquiry suda.------In an event of default of the responsibility to present istrebuemoe the proof on the causes adjudicated by arbitration court disrespectful, on a face for which it is, fined in the dimension up to 200 content federal act of minimum dimensions of payment truda.------4. Amercement does not release a face possessing istrebuemym the proof, of the responsibility of his{its} submission arbitration sudu.------Article 55. Inspection and probe of proofs in a place of their presence------1. The arbitration court can inspect and probe of proofs in a place of their presence in an event of impossibility or difficulty of delivery in sud.------2. Inspection and probe of proofs are effected by arbitration court with the notice of the faces participating in business which absence does not hinder with manufacture of inspection and issledovanija.------3. If necessary for sharing{participation} in inspection and probe of proofs experts and svideteli.------4 can be called. Directly after inspection and probe of proofs in a place of their presence Article 56 is compounded{made} protokol.------. The relevancy of proofs------Arbitration court accepts only those proofs which relate to considered delu.------Article 57. Admissibility of evidence------Circumstances of an affair which by the law or to other normative legal acts should be confirmed by fixed proofs, cannot be confirmed by others dokazatelstvami.------Article 58. The groundings of discharging of proving------1. The circumstances of an affair adjudicated by arbitration court well-known, do not require in dokazyvanii.------2. Circumstances, content the award which has entered the enforceability on earlier considered business, are not proved again by consideration by court of other affair in which the same participate litsa.------3. The court decision which has entered the enforceability of the general jurisdiction under the civil case is necessary for the arbitration court construing other business, on problems on circumstances, content a court decision of the general jurisdiction and pertinent to the faces participating in dele.------4. The judgement which has entered the enforceability on criminal case is obligatory for arbitration court on problems on a volume, whether had a place fixed actions and whom they soversheny.------Article 59. Evaluation of evidence------1. The arbitration court estimates proofs on the internal inclining, founded on comprehensive, full and objective probe available in business dokazatelstv.------2. Any proofs have no for arbitration court predetermined content sily.------Article 60. Written evidences------1. Written evidences are keeping cramps on the circumstances important for an affair, certificates{acts}, contracts, helps, the business correspondence, other documents and materials, including received{obtained} by means of facsimile, electronic either other communication{connection} or a different way, permitting to place{install} certainty dokumenta.------2. Written evidences are represented in the original or in the form properly to the attested copy. If the part of the document relates to the case in point only, the certified statement from nego.------Authentic documents is represented are represented, when circumstances of an affair according to laws or other normative legal acts are subject to acknowledgement{confirmation} only such documents, and also in other necessary events on demand of arbitration suda.------3. Copies of written evidences, introduced in arbitration court a face participating in business, are directed they (are transmitted) to them to other faces participating in business, for which otsutstvujut.------Article 61. Recurring of authentic documents------the Authentic documents available in business, under the petition of the faces which have presented them can be reset to them after the introduction of the award into the enforceability and if the court will come to a breeding, that recurring will not plot damage to the correct resolution of dispute, - in a process of manufacture on business up to the introduction of the solution into the enforceability. Simultaneously with the petition the indicated faces represent the copy of the authentic document certified properly or petition for certification by court of an accuracy of the copy remaining in dele.------Article 62. Material evidences------Material evidences are subjects which the exterior, absolute properties, a mestome of their presence or other attributes can be a means establishments of the circumstances important for dela.------Article 63. A storage of material evidences------1. Material evidences remain deposited in arbitration sude.------2. Material evidences which cannot be delivered in arbitration court, remain deposited in a place of their presence. They should be described, sealed explicitly, and are if necessary photographed on a photo or videoplenku.------3. Warehouse charges of material evidences are distributed between the parties according to article 95 true Kodeksa.------4. The arbitration court and a saver take of a measure to conservation of material evidences in invariable sostojanii.------Article 64. Inspection and probe of the material evidences which are subject to fast damage------1. The material evidences which are subject to fast damage, are immediately examined and investigated by arbitration court in their place nahozhdenija.------2. About a place and time of inspection and the probes of a face participating in business, are informed, if they can come in location of material evidences to their moment osmotra.------3. Absence of the informed faces participating in business, does not hinder with inspection and probe material dokazatelstv.------Article 65. The order material evidences------1. Material evidences after the introduction of the award into the enforceability return to faces from which they have been received{obtained}, or are transmitted to faces behind which the court has recognized the right on these subjects, or will be realized{sold} in other order defined sudom.------2. On occassion material evidences after their inspection and probe by arbitration court can be reset in a process of manufacture on business to faces from which have been received{obtained} if last for it petition also satisfaction of such petition will not plot damage to the correct sanction spora.------3. On the order material evidences the arbitration court bears opredelenie.------4. Subjects which by the law cannot be in possession of separate persons, are transmitted conforming organizatsijam.------Article 66. Destination of examination------1. For an explanation originating at consideration of an affair of the problems requiring of special knowledges, the arbitration court under the petition of the face participating in business, nominates ekspertizu.------2. The faces participating in business, have the right to present arbitration court problems which should be clarified at realization of examination, and proposals on candidatures ekspertov.------3. The content of problems on which it is required to receive the expert opinion is final, is established{set} by arbitration court. Deviation{rejection} of the problems offered faces, participating in business, the court is obliged motivirovat.------4. About destination of examination the arbitration court is born opredelenie.------with Article 67. The order of realization of examination------1. Examination is carried out{conducted} by workers of expert establishments or other experts to whom she is entrusted by arbitration court. Realization of examination can be entrusted to several ekspertam.------2. Examination is carried out{conducted} in meeting of arbitration court or outside of meeting if it is necessary on character of probes or at impossibility or difficulty of delivery of materials for probe in meeting. The faces participating in business, have the right to be present at realization of examination, except for events when such presence at realization of examination outside of court session is capable to hinder a normal operation ekspertov.------3. If realization of examination is entrusted to two or more experts, they have the right to confer among themselves. If experts will come to a general breeding, they draw one general conclusion. The expert, not agree with other experts, gives separate zakljuchenie.------Article 68. The expert examination------1. The expert draws the conclusion in written forme.------2. The conclusion should contain the detailed definition of the conducted probes, their breedings made in outcome and answers to problems put by arbitration court. If the expert at realization of examination will establish the circumstances important for an affair concerning which to him problems have not been put, he has the right to include breedings about these circumstances in the zakljuchenie.------3. The expert examination is investigated in meeting of arbitration court and estimates alongside with other dokazatelstvami.------4. In an event of poor clearness or an incompleteness of the expert examination the arbitration court can nominate padding examination, having entrusted its{her} realization same or other ekspertu.------5. At variance with the expert examination the arbitration court under the petition of the face participating in business, can nominate repeated examination, having entrusted its{her} realization other ekspertu.------Article 69. Testimonies------1. The witness informs arbitration court cramps known for him and circumstances ustno.------2. Under the proposal of arbitration court the witness can state the indications{readings} in written vide.------3. are not proofs the cramps reported by the witness if he cannot indicate a source of the osvedomlennosti.------Article 70. Arguments of the faces participating in business------1. Arguments of the faces participating in business, about known for them areelstvah, important for an affair, are subject to check and an assessment{evaluation} alongside with other proofs. Under the proposal of arbitration court the face participating in business, can state the arguments in written vide.------2. Confession by a face participating in business, the facts to which other face bases the requests or declaimings{oppositions}, for arbitration court is not objazatelnym.------3. The arbitration court can consider{count} a proven fact content if for him{it} it is no doubt in a volume, that confession corresponds{meets} to circumstances of an affair and is not accomplished under influence of the fraud, violence, threat, fallacy or with the purpose of concealment istiny.------Article 71. Maintenance of proofs------1. The faces having the groundings to be afraid, that submission of necessary proofs will become impossible or inconvenient, can appeal for{ask} arbitration court which has accepted business to the manufacture, about maintenance of these dokazatelstv.------2. In the application for maintenance of proofs proofs with which it is necessary to supply{ensure}, circumstances for which acknowledgement{confirmation} these proofs are necessary, the causes which have induced the applicant to address with the request of them obespechenii.------3 should be indicated. About maintenance of proofs or failure{refusal} in satisfaction of the petition it is born opredelenie.------4. Definition of arbitration court about failure{refusal} in satisfaction of the petition for maintenance of proofs can be obzhalovano.------Article 72. A priority list of proofs------1. Maintenance of proofs is effected by arbitration court on regulations, content hereby Kodeksom.------2. The faces participating in business, are informed on time and a place of consideration of the application for maintenance of proofs, however their absence is not an interrupting to consideration zajavlenija.------Article 73. Rogatory letters------1. The arbitration court, construing put, if necessary obtainings of proofs in terrain of other subject of the Russian Federation have the right to entrust to the conforming court to make fixed remedial dejstvija.------2. In definition about rogatory letters the entity of the case in point is briefly stated, the circumstances subject to making out, proofs which the arbitration court executing{designing} poruchenie.------3 should collect are indicated. Definition about rogatory letters is necessary for arbitration court to which the assignment{order} is given, and should be plump not later than in ten-day time from the moment of obtaining opredelenija.------Article 74. A procedure of rogatory letters------1. Rogatory letters are executed{designed} in meeting of arbitration court on regulations, the content present Code. The faces participating in business, are informed on time and a place of meeting, however their absence is not an interrupting to realization zasedanija.------2. About performance{fulfillment} of rogatory letters definition which with all materials is immediately remitted in the arbitration court construing delo.------3 is born. The faces participating in business, the witnesses given arguments or the indications{readings} to arbitration court, executed{designed} the assignment{order}, in an event of the sharing{participation} in the court session, construing put, give arguments and indications{readings} in the aggregate porjadke.------Chapter 7. The security for cost------Article 75. The groundings of the security for cost------1. The arbitration court under the application of the face participating in business, has the right to take measures under the security for cost. The security for cost is supposed at any stage of arbitral procedure if inacceptance of such measures can hamper or make impossible performance{fulfillment} judicial akta.------2. The application for the security for cost is considered by the arbitration court which is deciding the difference, not later following day after it{him} postuplenija.------3. By results of consideration of the application it is born opredelenie.------4. Definition about the security for cost or failure{refusal} in the security for cost can be obzhalovano.------Feed of the petition to definition about the security for cost does not suspend performance{fulfillment} of it opredelenija.------Article 76. Measures under the security for cost------1. Measures under the security for cost inherings to a transponder can быть:.. 1) seizure on property or money resources;.. 2) ban to a transponder to commit fixed actions;.. 3) ban to other faces to commit the fixed actions tangent the matter in dispute;.. 4) stay of penalty under executive claimant executive or other document on which penalty is effected in indisputable (bezaktseptnom) the order;.. 5) stay of a disposing of supplies in an event of suing about his{its} discharging from aresta.------is if necessary supposed acceptance of several measures on maintenance iska.------2. The arbitration court, supposing the security for cost, can require under the petition of a transponder of the claimant of furnishing a collateral of indemnification possible{probable} for a transponder ubytkov.------3. For non-compliance of the measures indicated in points 2 and 3 parts of 1 true article, from organizations and citizens the fine in the income federal бюджета:------under the claims subject to an assessment{evaluation}, - in the dimension up to 50 percents of a claim amount is collected;------under the claims which are not subject to an assessment{evaluation}, - in the dimension up to 200 content federal act of minimum dimensions of payment truda.------4. The claimant has the right to collect the average general costs caused by default of definition of arbitration court about the security for cost, by suing in the same arbitration sude.------Article 77. Changing of one kind{view} of the security for cost other------1. Changing of one kind{view} of the security for cost drugim.------2 is supposed. The problem on changing one kind{view} of the security for cost other is authorized in the order, foreseen in article 75 true Kodeksa.------3. At the security for cost about penalty of money resources the transponder has the right instead of acceptance of content measures under the security for cost to introduce on the deposit account of arbitration court istrebuemuju the claimant summu.------Article 78. Performance{fulfillment} of definition about the security for cost------Definition about the security for cost is carried into execution immediately in the order, content for performance{fulfillment} of solutions arbitration suda.------Article 79. Cancellation of the security for cost------1. The security for cost can be under the petition of the face participating in business, is cancelled by the arbitration court, construing put. The problem on cancellation of the security for cost is authorized in meeting suda.------2. The faces participating in business, are informed on time and a place of meeting, however their absence is not an interrupting for consideration of a problem on cancellation of maintenance iska.------3. By results of consideration of a problem on cancellation of the security for cost it is born opredelenie.------4. In default in the claim allowed measures of maintenance are saved up to the introduction of the solution into the enforceability. However the arbitration court can is simultaneous with the solution or after his{its} acceptance to bear definition about cancellation of maintenance iska.------5. Definition about cancellation of the security for cost can be obzhalovano.------Article 80. Indemnification to a transponder of the average general costs caused by the security for cost------the Transponder after becoming res judicata of the solution to which in the claim it refused, has the right to demand of the claimant of the compensation for damages, caused to him the security for cost, by suing in the same arbitration sude.------Chapter 8. Stay of proceedings------Article 81. The responsibility of arbitration court to suspend manufacture on business------1. The arbitration court is obliged to suspend manufacture on business in случаях:.. . 1) impossibilities of consideration of the given affair before decision marking on other business or a problem considered by way of the constitutional, civil, criminal or administrative legal proceedings;.. 2) stays of the citizen - a transponder in the operational part of Armed forces of the Russian Federation or the circulation with the conforming petition of the citizen - the claimant located in the operational part of Armed forces of the Russian Federation;.. 3) morses of the citizen if disputable legal relations suppose assignment;.. 4) losses by the citizen deesposobnosti.------2. The arbitration court suspends manufacture on business and in other events, foreseen federal zakonom.------Article 82. The right of arbitration court to suspend manufacture on business------Arbitration court has the right to suspend manufacture on business in случаях:.. 1) destinations by arbitration court of examination;.. 2) reorganization of organization - a face participating in business;.. . 3) engagings of the citizen - a face participating in business, for fulfilment any state objazannosti.------Article 83. Revival------Manufacture on business is renewed after elimination of the circumstances called it{him} priostanovlenie.------Article 84. The order of stay and revival------1. About stay of proceedings and his{its} resumption the arbitration court bears opredelenie.------2. Definition of arbitration court about stay of proceedings can be obzhalovano.------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 cour

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