Jurisdiction can be conditional or definite. Division of powers to consider administrative offenses

In order for everything legal basis countries brought desired result, each government body is obliged to accurately fulfill the duties that were assigned to it. Moreover, this must be done only within the framework of the powers granted, without attempts to interfere with the work of other bodies. Jurisdiction is one of the tools, the use of which ensures the implementation of this principle.

The essence of the concept

When it comes to various public organizations and government bodies, one of the main criteria for their work is to determine the types of civil processes that are relevant to them. Jurisdiction is that element of consideration civil process, which performs the task of identifying the current range of cases for a specific body. This effective method delimitation of jurisdiction, which has repeatedly proven its relevance.

An example is litigation. Before accepting a case for proceedings, each court must, first of all, check whether the law relates to consideration specific situation to the jurisdiction of other authorities. It is this kind of verification that can be called the determination of jurisdiction.

Facets of this legal phenomenon

In order to fully understand the essence of the process of determining competence in relation to civil cases, it is worth paying attention to the various areas of activity that include the concept and types of jurisdiction.

Initially, you need to understand that such a process would correctly be classified as exclusively derivative legal facts. When it comes to choosing a jurisdiction when working with specific case, then the decision is made based on information available legal meaning.

The jurisdiction of any bodies is established by various legal acts and laws, which set out general rules, as well as exceptions to them. It is with their help that in each specific case the issue is resolved regarding which body will deal with the matter (executive, judicial branch and etc.).

Jurisdiction criteria also include the following elements:

• Subject composition (those who take part in the dispute).
• The nature of the controversial legal relationship. Here we are talking about the basic mutual position of subjects within the framework of a controversial material legal relationship.
• The existence of an agreement concluded by both parties involved in the dispute.
• The controversy of law or its indisputability.
• Another criterion is the character legal act. IN in this case This refers to the definition of non-normative or normative character.
• It is important to determine the body that adopted the above-mentioned act. Here it makes sense to talk about the whole structure, that is, all the authorities that participated in the process of adopting the document.

The set of principles does not end there. In other words, depending on the situation, it is possible to use additional criteria in legislation to effectively delineate areas of competence.

Types of civil jurisdiction

Depending on the fact which body will deal with a particular case, the process of identifying the current jurisdiction can be divided into several areas:

• jurisdiction of public organizations (this includes the competence of exchange commissions, arbitration courts, etc.);
• judicial (arbitration or general);
• administrative.

This concludes the distinction in the process of determining the desired organ for working with a specific case do not end.

Multiple jurisdiction

If we continue to talk about such a process as the delimitation of jurisdiction, it is worth noting that the definition of jurisdiction can also be divided into exclusive and multiple. The second one deserves more attention, because it has several types:

• Imperative. This term used to describe those cases that are considered by several bodies, but precisely in the sequence determined by law. As an example, it is worth citing the previous order of consideration labor disputes: initially they were dealt with by the relevant commissions and only then by the courts, and through the appeal process. But the modern Labor Code allows individuals to initially go to court without coming into contact with the commission on labor disputes.
• Contractual jurisdiction. It is nothing more than the determination of the jurisdictional authority through the agreement of the parties involved.
• Mixed. In this case, it makes sense to talk about a combination of imperative and alternative types definitions of competence. In other words, the person initiating the dispute may decide to have his case heard by several authorities. But even after it is accepted final decision within the chosen jurisdiction, there is always the possibility of appealing it in court.
• Alternative. This refers to the possibility of identifying a specific body by the person who intends to receive protection own rights. Before the point such a right was reduced to permission to make a choice between an arbitration court and general jurisdiction(only for some types of cases). But due to the update procedural code and introducing clearer principles for defining relevant competencies, this type jurisdiction has actually exhausted itself.

What are the consequences of mistakes?

It is worth understanding that violation of jurisdiction is quite serious problem. The law defines the mechanisms of these processes in such a way that if the jurisdictional authority is chosen incorrectly, the entire case can be canceled.

This means that all the efforts that were made until the violation was discovered are effectively reduced to zero. But a similar reaction is possible at the very beginning of the process. For example, if a dispute initiated by specific citizens does not fall within the competence of the court, then statement of claim initially will not be accepted at the discussion stage. At least that's how it should be. The result will be a transfer of jurisdiction, which will allow the case to be completed in full compliance with the requirements of the law.

If an error is recorded during the process of conducting a case, then this will be enough to stop the process.

Jurisdiction and jurisdiction within the court

Initially, any determination procedures judicial competence can be divided into several types:

• Alternative jurisdiction. This refers to the possibility of considering civil cases in various jurisdictional bodies, and not just in court;
• Exceptional. In this case, we are talking about checking civil cases, which ultimately excludes the possibility of going anywhere other than the court in order to protect one’s own rights.
• Contractual jurisdiction is a process of determining competence, which is based on the agreement of the parties that the case can be considered in arbitration.
• Conditional. This process requires the settlement of the dispute outside judicial procedure before formal proceedings begin.

The distinction, as you can see, is quite competent, which allows you to quickly determine topical organ for a specific process.

What cases does the court consider?

Keeping in mind that jurisdiction is essentially the determination of the most appropriate jurisdiction, it makes sense to consider situations when citizens should contact the judicial authorities.

If you pay attention to the legislation, you can highlight the following types affairs:

• Disputes that arose due to labor, family and civil legal relations. In this case, at least one of the participants must be a citizen.
• Cases that, on the basis of Art. 231 Code of Civil Procedure are classified as judicial competence, although they represent the result of administrative legal relations.
• Proceedings concerning disputes that arose on the basis of contracts for the delivery of goods through direct air and railway communication between various companies, enterprises on the one hand, and air and railway transport authorities on the other. Such disputes usually arise from international agreements.
• Fixed in Art. 245 Code of Civil Procedure for special proceedings.

In some cases, courts may consider other types of disputes that were reflected in the legislation of the Russian Federation.

Change of jurisdiction

If we consider situations within judicial branch authorities, it is worth noting that in the case where it has been established that the dispute does not comply with the competence of the chosen court, the transfer of the case to another body will not occur. That is, if the type of case falls within the jurisdiction of another judicial body, it will remain under consideration by the previous one.

A change in jurisdiction in this case is possible only if a mistake is made, according to the second part of Art. 33 Code of Civil Procedure. In this case, it is possible to file a private complaint with the aim of transferring the case to another court or obtaining a refusal to transfer it. But even if a redirection was made, the process must continue in any case. At the same time, the legislation does not allow to initiate disputes about jurisdiction.

Relevance of judicial jurisdiction

Obviously right ordinary citizens need protection, and reliable protection. Exactly modern legal proceedings and performs this function. Moreover, citizens can count on competent and objective proceedings not only in the cases described in Art. 25 Civil Procedure Code, but also in any conflict situations. It's about about infringement of freedoms and rights due to the actions of any government bodies and state power, organizations and individuals.

Consequently, in the process of determining judicial competence, regardless of the fact which legal relationship became the cause of the dispute, an individual can count on consideration of the case. Unless otherwise stated, established by law, the freedom and rights of any citizen are subject to judicial protection.

Possible exceptions

There are not so many cases that are not within the jurisdiction of the court. As an example, we can cite almost all collective labor disputes between a trade union or employees of an enterprise and the company administration. Such cases do not apply judicial jurisdiction and are subject to special consideration.

If we consider individual labor processes, then in this case the courts cannot resolve disputes executives who have been elected, appointed or confirmed to office supreme body Russian Federation or state authorities. This exclusive category includes prosecutors, judges, as well as their deputies and assistants.

Results

Having considered the system of division of competence between various bodies, it can be argued that the methods for determining jurisdiction are quite practical. However, in order to avoid misunderstandings during dispute resolution, it makes sense to carefully study the principles described above and the exceptions specified in the law.

the relevance of disputes about law and other legal matters in need of state-authoritative resolution to the jurisdiction of one or another state, public body or arbitration, the property of legal cases by virtue of which they are subject to resolution by certain jurisdictional authorities.

Great definition

Incomplete definition ↓

JURISDICTION

the competence of judicial bodies to consider and resolve cases arising from civil, administrative, family, labor, financial, land, etc. legal relations. P. makes it possible to differentiate the range of cases within the competence of courts of general jurisdiction and arbitration courts. The main delimitation criteria are subject composition and the nature of the disputed legal relationship (subject). The competence of courts of general jurisdiction and arbitration courts is determined by the legislation on courts of general jurisdiction and arbitration courts, the Civil Procedure Code of the RSFSR and the Arbitration Procedure Code of the Russian Federation. According to their subject composition, the jurisdiction of courts of general jurisdiction includes: general rule, cases in which citizens are participants on at least one side. In relation to subject matter competence, the jurisdiction of courts of general jurisdiction includes cases claim proceedings; cases arising from administrative and legal relations, and special proceedings. By way of claim proceedings, a court of general jurisdiction considers cases on disputes arising from civil, family, labor and collective farm legal relations, if at least one of the parties to the dispute is a citizen, except in cases where the resolution of such disputes is assigned by law to administrative or other bodies. (Civil Procedure Code of the RSFSR, paragraph 1, article 25). In this case, the principle applies according to which the competence specified vessels all disputes arising from the listed relations are included if at least one of their parties is a citizen. Only those cases that are assigned to other bodies are not subject to consideration. P. cases arising from administrative-legal relations are based on the opposite principle: a court of general jurisdiction considers only those cases that are directly assigned by law to its competence (Civil Procedure Code of the RSFSR, Art. 231). Many of these cases are provided for directly in the Civil Procedure Code of the RSFSR: complaints against actions administrative bodies or officials; complaints against the actions of government bodies, public organizations and officials who violate the rights and freedoms of citizens; cases of collecting tax arrears from citizens and other cases listed in Art. 2 of the Code of Civil Procedure of the RSFSR The court of general jurisdiction also considers cases in which there is no dispute. These are so-called special proceedings. These include cases of establishing facts of legal significance, declaring a citizen missing and declaring a citizen dead; recognition of property as ownerless and other matters listed in Art. 245 Code of Civil Procedure of the RSFSR. Courts of general jurisdiction also consider cases involving foreign citizens, stateless persons, foreign enterprises and organizations, unless otherwise provided by an interstate agreement, international treaty or by agreement of the parties. Arbitration courts have jurisdiction over cases in which the participants are legal entities, citizens with status individual entrepreneur, as well as the Russian Federation, constituent entities of the Russian Federation, municipalities. Entities that are not legal entities and citizens who do not have the status of an individual entrepreneur may be participants arbitration proceedings in cases provided for by the Arbitration Procedure Code of the Russian Federation and others federal laws. Unless otherwise provided by an international treaty of the Russian Federation, participants in the arbitration process may be foreign organizations, organizations with foreign investment, international organizations, Foreign citizens carrying out business activities. Due to the nature of the cases under consideration, the jurisdiction of the arbitration court includes economic disputes; cases to establish facts relevant to the emergence, change or termination of the rights of organizations and citizens in the field of entrepreneurial and other economic activities; cases of insolvency (bankruptcy) of organizations and citizen-entrepreneurs[cm. Insolvency (bankruptcy) cases in the arbitration court]. THOSE. Abova

Sometimes even specialists in the field of jurisprudence find it difficult to distinguish between certain concepts. This fully applies to jurisdiction (“department”) and jurisdiction (“court”). When submitting applications and complaints to general and special judicial authorities, it is very important not to make mistakes. This will save your time and get desired result much faster.

Definition

Jurisdiction is a collection procedural rules, which outline the range of cases that one or another type of judicial body has the right to consider. At the same time, jurisdiction in the general sense acts as a synonym for the word “competence”, that is, an objective opportunity to resolve the issue on its merits. They have it, in addition to the court, various organs: prosecutor's office, notary office, administration, etc.

Jurisdiction- this is a more private concept that is used in civil, administrative and criminal law and denotes the distribution of cases when they are considered by courts in the first and subsequent instances. Selected aspects this definition understandable even to a non-specialist. So, constitutional Court cannot consider a criminal case, and an economic one - disputes between two individuals. In practice, there are many more subtleties, and sometimes it is very difficult to find the right institution to consider the application on its merits.

Comparison

Jurisdiction can be generic, territorial, exclusive, contractual, alternative and by connection of cases. Jurisdiction – exclusive, conditional and alternative. In other words, when determining jurisdiction, it is necessary to know the essence of the legal dispute; when determining jurisdiction, it is also necessary to know the location of the defendant, as well as other subtleties (the ability of the court to consider a particular case). If the jurisdiction rule is violated, the case will be dismissed. If the rules of jurisdiction are violated, the case is transferred to the appropriate judicial authority. The transfer may also be carried out in connection with the reformulation of the stated requirements.

So, jurisdiction determines the type of court that will consider the case, while jurisdiction is a specific body and its territorial location. The parties can agree on jurisdiction, but not on jurisdiction.

Conclusions website

1. General meaning. The concept of jurisdiction can be used in relation to various government bodies, the concept of jurisdiction - only in relation to courts.
2. Determination order. First, jurisdiction is determined, that is, the procedural possibility of considering the application on its merits, and then jurisdiction, or specific attribution to a specific state judicial authority.
3. Consequences of violation. If jurisdiction is violated, then the case is subject to termination; if jurisdiction is violated, then transfer to another court.
4. Features of submitting an application. Certain categories of disputes are subject to judicial review only after the settlement of mutual claims. Violation of this rule jurisdiction entails either refusal to accept the application or termination of the case. Jurisdiction does not have this feature.

Jurisdiction is the assignment of a dispute about law or other legal matter to the competence of a certain body.

Types of jurisdiction:

1. Exceptional - the case is considered only directly by the court and cannot be resolved on the merits by other bodies;

   There is no mandatory requirement for a court to resolve a dispute. pre-trial procedure appeals to any other authorities.

   Exclusive jurisdiction includes disputes about, about reinstatement at work, about invalidation of citizens.

2. Multiple – means that a legal issue can be resolved in a court of general jurisdiction or an arbitration court, in a labor dispute commission and in court;

   In some cases, the law gives the applicant the right to choose the body to which he can apply for permission legal issue, either allows the parties to decide for themselves the issue of choosing a body, or strictly determines the sequence of contacting various bodies that resolve legal issues.

1. Alternative – dispute legal nature may be legally permitted not only by the court, but also by another non-judicial body (in the administrative, notarial procedure, arbitration court);

   Appeal to one or another form of protection of rights depends on the discretion of the plaintiff, applicant, other interested person or determined by agreement of the parties, expressed as in separate document, and in the text of the civil law agreement (contract).

2. Contractual - determined by agreement of the parties, for example, citizens have the right, when concluding a transaction, to stipulate in one of the clauses of the agreement that all disputes arising from this agreement will be resolved in a specific arbitration court. The parties to the transaction can make a separate arbitration entry about this;
3. Conditional – means that for certain category disputes or other legal issues compliance with the preliminary extrajudicial procedure their consideration serves as necessary condition their jurisdiction to the court, that is, before the court proceedings, the case must be considered by another body;
4. Mandatory - means that the law establishes a strict sequential passage of the case through the jurisdictional authorities.

   Jurisdiction of cases is determined by connection claims. When combining several related claims, some of which are within the jurisdiction of the court and others of the arbitration court, all claims are subject to consideration in a court of general jurisdiction if their separation is impossible.

An objective combination of claims is possible if there is commonality of their grounds; if separation of claims is possible, the judge makes a ruling on the acceptance of claims within the jurisdiction of a court of general jurisdiction and on the refusal to accept claims under the jurisdiction of an arbitration court.

Jurisdiction is a civil law institution, the norms of which regulate the division of competence between specific courts judicial system.

Thus, the rules of jurisdiction determine the competence of specific courts of general jurisdiction to consider and resolve civil cases at first instance.

When accepting a statement of claim and determining that a civil case has jurisdiction over the courts of general jurisdiction, the judge must decide which court of the judicial system has jurisdiction over it.

The following types of jurisdiction are distinguished:

1. Generic (subject) jurisdiction - determines the competence of courts at various levels of the judicial system ( different levels) as courts of first instance.

   All subordinate to the courts of general jurisdiction, civil cases are distributed between courts of various links (levels) of the judicial system Russian Federation. Some civil cases are assigned by law to the jurisdiction of magistrates' courts, others - to district (city) courts. The criterion for assigning specific civil cases to the jurisdiction of courts of one level or another is the nature (type) of the case, the subject and subject composition of the dispute.

2. Territorial jurisdiction – determines the spatial competence of single-level courts of the judicial system;

   After it has been determined which level (level) of the judicial system has jurisdiction over a particular civil case, it is necessary to determine which of the similar courts has jurisdiction over the territory, that is. determine the spatial competence of single-level courts, or the territorial jurisdiction of a particular case.

1. Alternative, or jurisdiction at the choice of the plaintiff, is provided for a number of categories of civil cases, the resolution of which by law is within the competence of two or more courts of the same level. The law gives the plaintiff the right to choose between several courts that have jurisdiction over a particular case;
2. Exceptional - the essence is that for certain categories of cases the law precisely determines which court is competent to resolve them
3. Contractual - the parties, by agreement among themselves, can change the territorial jurisdiction for a specific case. It is unacceptable to change the jurisdiction of the court of a subject of the Federation, Supreme Court RF, as well as the rules of exclusive jurisdiction;

Agreement of the parties on the change territorial jurisdiction for a specific case, it is possible before the court accepts it for proceedings.

Firstly, jurisdiction is the limits of the department, and the limits of the department are the limits of power, and the limits of power are competence. That is, jurisdiction is a procedural competence government agency(courts) for the consideration and resolution of legal cases.

Secondly, jurisdiction is the property of a case (the case is subordinate...) to be subject to consideration and resolution in a certain jurisdictional body.

Thirdly, jurisdiction is an institution of the Civil Code, that is, a set of rules that determine in which courts a particular case is heard.

Fourthly, jurisdiction is an element of the procedural legal personality of the court. Process is a system of procedural legal relations. Join procedural legal relations- means finding the prerequisites for entry. One of the prerequisites is legal personality. Jurisdiction is an analogue of the legal personality of a court. Let us note that the elements of the legal personality of the court are: (1) jurisdiction, (2) jurisdiction, (3) personal legal personality of the court composition (legality of the court composition - Articles 16 and 17 of the Code of Civil Procedure).

Fifthly, jurisdiction is a working mechanism for distributing cases between jurisdictional bodies. Where to go? - the fifth definition of jurisdiction answers this question. The answer to this question should be extremely simple, but this is not the case with us.

(i) Types of jurisdiction.

Exclusive jurisdiction: consideration of the case in another body is excluded. For example, cases of reinstatement at work are only in court. Cases of divorce between spouses who have minor children, only in court.

Mixed jurisdiction: elements of judicial on the one hand and administrative (or public) jurisdiction are mixed. Labor disputes can be brought to the CTS, or to Rostrud, or to a court of the choice of the interested party. Choosing a non-judicial jurisdiction does not deprive you of the opportunity to go to court later.

Conditional jurisdiction: the case is subject to jurisdiction under a condition. This condition is in the form of compliance claim procedure dispute resolution. Before you go to court, you need to make a claim. For example, transportation. Article 452 of the Civil Code: some general norm about termination of the contract. Until the condition is met, the court is not competent to consider the case.

Mandatory jurisdiction: the sister of conditional jurisdiction. Here, too, you can go to court, but before you go there, you also need to do specific action. But the difference is that with conditional jurisdiction, the parties are obliged to try to resolve the dispute between themselves, and with imperative jurisdiction, the parties must first go to a non-judicial jurisdiction. Typically this is an administrative jurisdiction. IN Soviet time the prevailing rule was that first the complaint superior officer, and only then to court. And when they adopted the KRF (Article 46), imperative jurisdiction contradicts Article 46 of the Russian Federation Code. Jurisdiction is not a scientific category (there cannot be a dissertation on this topic). This is the category of expediency, because there are no bad and good ships. And now imperative jurisdiction has returned. For example, the Tax Code of the Russian Federation. IN patent disputes First you need to go to Rospatent.

Alternative jurisdiction.

It, in contrast to mixed jurisdiction (in mixed jurisdiction, the types of public, administrative and judicial competence are mixed). Alternative also means choice, but with mixed jurisdiction the choice is public or administrative jurisdiction does not stop the possibility of going to court. But with alternative jurisdiction, the choice of one option terminates the opportunity to appeal to another authority. When can we talk about such jurisdiction? After all, we have absolute right to court. This means that alternative jurisdiction is a choice between the courts: between general jurisdiction and arbitration.

A choice between courts means that two courts have jurisdiction. But this shouldn’t happen. Therefore, there can be no alternative jurisdiction.

Article 122 - a court order can be issued on a bill of exchange. A bill of exchange claim can be commercial (two entrepreneurs) or non-commercial (no entrepreneur). Not in arbitrage court order. And there is Resolution of the Plenum 3/2 of 1998: businessmen according to commercial requirement can choose: to apply for an order to the SOYU, or to file a claim - to the arbitration court. Thus, the same claim is alternatively subject to jurisdiction in writ proceedings of general jurisdiction, and in claims proceedings - to the arbitration court.

Contractual jurisdiction.

It is represented by the opportunity to submit a dispute to arbitration. We read about this in Article 3 of the Code of Civil Procedure (Part 3): a dispute arising from civil legal relations can be referred to arbitration. This idea is continued in Article 222: the application remains without consideration if there is an agreement between the parties to transfer the dispute to arbitration court, and a statement was received from the defendant about the existence of such an agreement.

Are disputes about jurisdiction possible? Article 33 Part 4 - disputes about jurisdiction are not formally prohibited. However, such disputes are strictly prohibited. But in practice this happens to us often. Disputes over jurisdiction certainly cannot exist.

Gradually, practice (primarily the Supreme Arbitration Court) tended to the view that if the COJ terminated the proceedings in the case, then the arbitration court is obliged to accept the case for proceedings, even if it sees that the general court was mistaken.

Now you can also join the SOYU: if the arbitration panel has terminated the proceedings on the case, then the SOYU must accept the case.

This is all within the meaning of the constitution.

Now to Article 22 of the Code of Civil Procedure. Jurisdiction rule: courts of general jurisdiction have jurisdiction over everything that is not within the jurisdiction of other courts. Here jurisdiction is based on the residual principle. Therefore, there is nothing special to regulate in the Civil Procedure Code. The emphasis on jurisdiction goes into codes dedicated to special jurisdiction (where the Constitutional Court, Statutory Courts, where arbitration courts- there the competence is exhaustively described).

And so, the legislator first tries to list something here. The rule of jurisdiction itself is in Part 3 of Article 22 (if there is no jurisdiction of the arbitration court, then SOJ). True, Part 3 of Article 22 does not say anything about constitutional jurisdiction (including statutory courts). This is a defect, of course.

This concludes the discussion of issues of jurisdiction. Next you need to look at what other federal laws say.

Here, let's look at the agro-industrial complex. Article 27 of the APC establishes two classic criteria for the jurisdiction of cases by the arbitration court: the subject composition and the nature of the dispute.

The dispute should be economic, but what “economic” is is not clear. Concept entrepreneurial activity We have it, but we don’t have an “economic” one. What is other economic activity? Advocacy- not entrepreneurial activity (Article 1 of the Law on the Bar), but is it economic? And activities related to collecting budget revenues in financial law? Well, the main word Russian legislator- this is “other”.

And there is also a subjective criterion: organizations (commercial and non-profit), individual entrepreneurs, and in cases provided by law, public legal entities, organizations that are not legal entities, and citizens.

Article 28 contains cases from civil legal relations. And nothing more is said, there is no list. That is, any case of civil legal relations where the above-mentioned subjects are involved.

And in v. 29 - cases from administrative legal relations. There's a list. Is it open or closed? Closed. Because the lists are open or closed not in articles, but in laws. "Other cases within the competence of the arbitration panel in cases provided for by federal laws." That is, the list is always exhaustive.

Further, Article 30 of the APC - special production. And Article 33 of the APC is a special jurisdiction (this is a term that replaces arbitration process the term "exclusive jurisdiction" - cases that are subject to jurisdiction only in arbitration courts).

For example, bankruptcy cases (trade and non-trade insolvency). Non-trade is the failure of ordinary citizens, but this is not yet the case. Also, for example, corporate disputes (Article 225.1 of the APC).

What is the specialty of the specified jurisdiction? Part 2 of Article 33 - these cases are considered in arbitration courts regardless of the subjective criterion. If Article 27 speaks of two criteria (subject and economic disputes), then cases of special jurisdiction require only the existence of an economic dispute, in which ordinary citizens can also participate.

Thus, courts of general jurisdiction have jurisdiction over everything except the competence of the Constitutional Court and arbitration courts (Articles 27, 28, 29, 33, 225.1 of the APC).

It was necessary to make a point here.

But our regulation is so disgusting that it is impossible to understand it.

For example, December 31, two cars charitable organizations collided. Tort. SOYU or arbitration courts. By subject - organizations, legal entities, although non-profit. What about the economic dispute? The devil knows. In practice, they are considered in arbitration, but torts are not economic at all ( economic activity for causing harm :)). Practice shows: if there is a subject composition, then it is an arbitrage.

Another example: one individual entrepreneur rented a cafe from another individual entrepreneur for a banquet. Then he filed a lawsuit against her to invalidate the transaction on the grounds of deception. The question is: did he order the banquet as an entrepreneur or as an ordinary citizen? The arbitration court stopped proceedings on the case and sent them to the SOYU. And the Presidium of the Supreme Arbitration Court said: it is not a fact that he did this as an ordinary citizen. Therefore, the arbitration court has jurisdiction over the case. Of course, why shouldn’t a person get drunk as an individual entrepreneur?

Third example: citizen Filipas entered into an agreement equity participation in construction. The house was not built. She terminated the contract and was owed money. And she gave in to this demand to a legal entity. The assignee will file a claim against the developer in the arbitration court or in the SOJ. The subjects are two legal entities, but the requirement arose from an agreement on shared participation in construction, which is a consumer agreement. The Presidium of the Supreme Arbitration Court said: the goal that Filipas pursued when she entered into the agreement did not translate into legal relations between the new entities. Therefore, the new subjects already have a different goal, but that goal has not moved anywhere. The question arises: what is the goal in legal relations? Not to mention whether the target can cross and walk. The point is that during assignment no new legal relations arise, the subject composition simply changes. Therefore, the transfer of the goal into a legal relationship between the assignee and the developer is impossible, since the legal relationship itself has passed to them. As a result, the Supreme Arbitration Court said that the dispute was within the jurisdiction of the arbitration court, although previous courts refused to proceed in this case.

Now it’s clear that we are simply idiotic.

Or lawsuits from the HOA. When an HOA enters into contracts for the supply of water, gas, etc., and then does not pay under these contracts, then we can agree that the disputes are within the jurisdiction of arbitration courts: there are two legal entities, and the activity seems to be economic.

But the homeowners association decides to protect the common shared ownership(reclaiming an attic from someone else’s illegal possession from a legal entity). Is this where the HOA vindicates the legal entity in the SOYU or in the arbitration courts? The property here is definitely created not for entrepreneurial activity, but for serving the house activities, i.e. for consumer activities. In practice, we have an arbitration court, but this is far from obvious.

Article 33 of the APC says in paragraph 3 - cases on disputes about state registration legal entities What legal entities? Article 33 excludes subject composition as a criterion of jurisdiction. There is PPVS dated December 9, 2002 No. 11 and PPVS No. 2 dated January 20, 2003. VAS, trying to explain paragraph 3 of Article 33, says: they don’t get here political parties, religious associations, public associations, because they are definitely not entrepreneurial. Here, says VAS, you need SOY. But there are non-profit organizations that are a little commercial (non-profit partnership, autonomous non-profit organization, law office). Where can I appeal the refusal to register such organizations? The Presidium said that the refusal to register law office- this is SOYU, but the tax disputes of the law office with tax inspectorates These are arbitration courts. Arbitration courts are still subject to their competence in disputes regarding the refusal to register those non-profit organizations, which, although they do not pursue the goal of making a profit, are still engaged in it, says VAS.

This is all to say that the regulation of jurisdiction has been turned into a complete disgrace. And it should be settled so simply, so stupidly, that it is immediately understandable.

Final example: corporate dispute. A claim for recognition of ownership of shares if two citizens argue. Schwartz says: in SOYU, of course. And SOYU refused to accept the claim. Schwartz writes private complaint. And there is an explanation from the Supreme Court of the Russian Federation: a dispute about the ownership of shares is an ordinary dispute about the right of ownership. The city court again refused. It turns out that the Supreme Court issued an explanation, where he said that ownership of shares is control over a corporation, and control over a corporation is an arbitration dispute.

Therefore, all this is unconstitutional, it is sabotage against the state. In particular, Article 27 of the APC.

There are no good or bad courts. What rationality should underlie the question of jurisdiction? Jurisdiction is a matter of policy and expediency. The matter must be organized sensibly and rationally. Jurisdiction should be based on one single idea - the specialization of courts. For example, a court for intellectual disputes, arbitration courts, etc. Jurisdiction is a reflection of how we see specialization.

God knows what happens with specialization. There are PPVS and PPVAS 6/8 (according to Part 1 of the Civil Code). An individual entrepreneur can submit his certificate to the tax office at any time and cease to be an entrepreneur. The question is, his past entrepreneurial legal relations where will they be considered? The plenums said that in SOYU, if he has already ceased to be an individual entrepreneur. What if a citizen is engaged in business without registration. apply to him material rules about entrepreneurship. The court said that in SOJ, although arbitration courts delve more into entrepreneurship. Let’s make it worse: the claim was filed by an individual entrepreneur, and during the proceedings he ceased to be an individual entrepreneur. Here the Plenums said that it was necessary to continue, and not send them to SOYU. Bottom line: in order to file for arbitration, a citizen must be a registered entrepreneur at the time of filing the case.

For example, suppose an individual entrepreneur must pay a special tax. He knows that he has arrears. He went and stopped being an entrepreneur. According to the Plenums, you need to go to SOYU, although they don’t know about these taxes for individual entrepreneurs at all. This is where specialization breaks down.

Part 4 of Article 22 is the rule of preferential jurisdiction: if there are several cases where some are under the jurisdiction of the SOJ, and some are under the jurisdiction of the arbitration court, then they must be divided. And if it is impossible to divide, then everything is in SOYU. SOYU has primary jurisdiction.