82. PARTICIPANTS OF THE ARBITRATION PROCESS

Participants of the arbitration process.

1. Judge in arbitration proceedings - the Chairman of the Supreme Arbitration Court of the Russian Federation, his deputies, judges of the Supreme Arbitration Court of the Russian Federation, chairmen, deputy chairmen, judges of federal arbitration courts of districts and arbitration courts of constituent entities of the Russian Federation. The judge has the terms of reference and exercises a leading role in the court session. His powers are aimed at the correct, complete and competent consideration of the case.

As a participant in the proceedings, the court may act both as a collegial body and as a single judge.

2. Persons participating in the case and other participants in the arbitration process:

1) sides;

2) third parties;

3) prosecutor;

4) state bodies;

5) local governments;

6) other bodies that applied to the arbitration court.

These individuals have a personal interest in the outcome of the case.

The persons participating in the case have the right:

1) get acquainted with the case materials, make extracts from them, make copies;

2) declare challenges;

3) present evidence and get acquainted with the evidence presented by other persons participating in the case before the start of the trial;

4) participate in the examination of evidence;

5) put questions to other participants in the arbitration process, file petitions, make statements, give explanations to the arbitration court, present their arguments on all issues arising during the consideration of the case;

6) get acquainted with the petitions filed by other persons, object to the petitions, arguments of other persons participating in the case;

7) to know about the complaints filed by other persons participating in the case, to know about the judicial acts adopted in this case and to receive copies of the judicial acts adopted in the form of a separate document;

8) appeal against judicial acts;

9) enjoy other procedural rights. In addition to the general rights, the parties also own individual exclusive rights. Thus, the plaintiff has the right, before the decision of the arbitration court, to change the basis or subject of the claim, to increase or decrease the amount of claims, or to refuse the claim. The parties may end the case by amicable agreement at any stage.

Third parties - persons entering into a process that has already arisen between the plaintiff and the defendant in connection with the interest in resolving the dispute along with the parties. The nature of the interest in the outcome of the dispute may be different - the law distinguishes between third parties declaring and not declaring independent claims on the subject of the dispute.

These persons enter the process due to the fact that the decision on the case may affect them.

Prosecutor also has an interest. He enters the process in order to protect the rights and interests of someone, his task is to make a lawful and justified decision by the court.

Other participants in the arbitration process - witnesses, experts, translators, representatives - are called upon to promote justice. They are called to assist the court in a correct and complete examination of the circumstances of the case. These persons have a narrower circle of rights, they have no personal interest in the outcome of the case. If it is, a person from this group should be taken away.

Author: Gatin A.M.

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