![Emblem of the Supreme Court of Arbitration of Russia](https://upload.wikimedia.org/wikipedia/commons/5/58/Emblem_of_the_Supreme_Court_of_Arbitration_of_Russia.svg)
The Supreme Court of Arbitration of the Russian Federation (also translated as the High
rArbitration Court of the Russian Federation;
Russian
Russian(s) refers to anything related to Russia, including:
*Russians (, ''russkiye''), an ethnic group of the East Slavic peoples, primarily living in Russia and neighboring countries
*Rossiyane (), Russian language term for all citizens and peo ...
: ) was the
court of final instance
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
in commercial disputes in Russia. Additionally, it supervised the work of lower courts of
arbitration and gave interpretation of laws and elucidations concerning their implementations, which are compulsory for lower courts. It was replaced by a 30-Judge Economic Collegium that is part of an expanded Russian Supreme Court effective August 8, 2014.
History
Commercial arbitrations in Russia existed long before the
October revolution
The October Revolution,. officially known as the Great October Socialist Revolution. in the Soviet Union, also known as the Bolshevik Revolution, was a revolution in Russia led by the Bolshevik Party of Vladimir Lenin that was a key mome ...
, though their powers were very limited. They were abolished immediately after the revolution. In 1922 the Supreme Arbitration Commission, attached to the
Council of Labour and Defense The Council of Labor and Defense (Russian: Совет труда и обороны (СТО) Sovet Truda i Oborony, Latin acronym: STO), first established as the Council of Workers' and Peasants' Defense in November 1918, was an agency responsible fo ...
, and
oblast' arbitration commissions were created. Their function was to solve disputes between state-owned institutions (including profit-making companies). In 1931 all those commissions were abolished. The newly created State Arbitration of the USSR was to resolve disputes about contracts exchanged between enterprises subordinate to various governmental agencies. The disputes arising within one agency's jurisdiction were not brought to the State Arbitration. Whenever the State Arbitration discovered any violations of law, its duty was to report about it to respective law enforcement offices. Similar state arbitrations were created in republics of the
USSR
The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, it was nominally a federal union of fifteen nationa ...
.
In 1960 new State Arbitration attached to the
Council of Ministers of the USSR
The Council of Ministers of the Union of Soviet Socialist Republics ( rus, Совет министров СССР, r=Sovet Ministrov SSSR, p=sɐˈvʲet mʲɪˈnʲistrəf ɛsɛsɛˈsɛr; sometimes abbreviated to ''Sovmin'' or referred to as the '' ...
Regulations were adopted by the Council of Ministers of the USSR. It de facto established
stare decisis principle, since upper state arbitrations were empowered to give compulsory elucidations to the lower ones.
The position of the State Arbitration underwent crucial changes in 1987. The courts of arbitration became a separate branch of courts not subject to the control of the executive branch.
The Supreme Court of Arbitration of Russia ceased operation on August 6, 2014, in relation to the merger with Supreme Court.
Composition
All judges of the Supreme Court of Arbitration including the Chairman were nominated by the
president of Russia
The president of the Russian Federation ( rus, Президент Российской Федерации, Prezident Rossiyskoy Federatsii) is the head of state of the Russian Federation. The president leads the executive branch of the federal ...
and appointed by the
Federation Council
The Federation Council (russian: Сове́т Федера́ции – ''Soviet Federatsii'', common abbreviation: Совфед – ''Sovfed''), or Senate (officially, starting from July 1, 2020) ( ru , Сенат , translit = Senat), is th ...
. In order to become a judge a person had to be at least 35 years old, had legal education and 10 years of experience in legal practice. Only Russian nationals could serve as judges.
The Chairman of the Supreme Court of Arbitration supervised the work of the court. He convened sessions of the Presidium of the Court and plenary sessions, appointed the Court's employees and guided its work, and represented the Court in governmental offices. The last Chairman of the Court was
Anton Ivanov. The Chairman had several deputies.
There were two Boards in the Supreme Court of Arbitration, which supervised decisions of lower courts of arbitration whenever appeal is lodged by a disappointed party. One Board heard cases concerning private law and the other heard cases concerning public law (for example, if a corporation is charged with tax evasion or files for bankruptcy).
The Presidium of the Supreme Court of Arbitration dealt with appeals on decisions of lower courts of arbitration which hade entered into force. Only the
Prosecutor General of Russia
The Prosecutor General of Russia (also Attorney General of Russia, russian: Генеральный прокурор Российской Федерации, Generalʹnyy prokuror Rossiyskoy Federatsii) heads the system of official prosecution i ...
, Chairman of the Supreme Court of Arbitration and his deputies could bring an appeal to the Presidium. When a case was heard in the Presidium, execution of the decision of a lower court might be delayed.
On plenary sessions the Court studied judicial practice and gave recommendations regarding applications by lower courts of particular provisions. In fact, lower courts had to apply recommendations of the Supreme Court of Arbitration. The procedural Code of Arbitration provided that the Presidium of the Supreme Court of Arbitration was entitled to reverse a decision of a lower court if it did not follow common judicial practice. Organizational matters were also dealt with on plenary sessions. They had to take place at least twice a year.
List of the Russian Supreme Court of Arbitration Chairmen
*
Veniamin Yakovlev
Veniamin Fyodorovich Yakovlev (russian: Вениамин Фёдорович Яковлев, 12 February 1932 – 24 July 2018) was a Soviet and Russian jurist. He was the first and only Chairman of the Supreme Court of Arbitration of the USSR and ...
(23 January 1992 — 26 January 2005)
*
Anton Ivanov (26 January 2005 — 6 August 2014)
See also
*
Judiciary of Russia
References
External links
Official website (in Russian)Official website (in English)The state of the judiciary in RussiaInternational Commission of Jurists
2010
Securing justice: The disciplinary system for judges in the Russian FederationInternational Commission of Jurists
2012
{{Authority control
Government of Russia
Arbitration courts and tribunals
Courts in Russia
2014 disestablishments in Russia
Courts and tribunals disestablished in 2014