Involvement of arbitration assessors as an unconditional right of the party in the process. Arbitration assessors

ARBITRATION JUDGES ARBITRATION JUDGES - in the Russian Federation, citizens included in the lists of arbitration assessors and called, in accordance with the procedure established by law, to participate in the consideration of cases in an arbitration court. The concept of "A.Z." was first introduced by the Federal Law "On the introduction of the Arbitration Procedural Code of the Russian Federation" 1995. There, the Supreme Arbitration Court of the Russian Federation was instructed to conduct an experiment to consider cases involving A.Z. The experiment is carried out in a collegial review of cases in the first instance. A.Z. there may be persons who have reached the age of 25 and have special knowledge and experience in the field of entrepreneurial and other economic activities. They participate in the consideration of the case and decision-making on an equal basis with professional judges. The court consists of one professional and two A.Z., if in accordance with the APC RF the case can be considered by the judge alone. In cases where the case is subject to collegial review, the court consists of three professional judges and two A.Z.

A large legal dictionary. - M .: Infra-M. A. Ya. Sukharev, V. E. Krutskikh, A. Ya. Sukhareva. 2003 .

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Arbitration assessors - 1. Arbitration assessors of arbitration courts of the constituent entities of the Russian Federation (hereinafter arbitration assessors) are citizens of the Russian Federation (hereinafter citizens), endowed in the manner prescribed by this Federal Law, powers ... ... Official terminology

arbitration assessors - in the Russian Federation, citizens included in the lists of arbitration assessors and called, in accordance with the procedure established by law, to participate in the consideration of cases in an arbitration court. The concept of A.Z. the Federal Law On the Introduction of the Arbitration Procedure Code was first introduced ... ... Big Law Dictionary

Arbitration assessors - citizens of the Russian Federation, endowed, in the manner established by the Federal Law on Arbitration Assessors of Arbitration Courts of Subjects of the Russian Federation, with powers to administer justice when considered by Arbitration Courts of Subjects of the Russian Federation ... Big Law Dictionary

Russia, Russian Federation - State structure Legal system General characteristics Civil and related branches of law Criminal law Criminal procedure Judicial system. Control bodies Literature State in the eastern part of Europe and the northern part of Asia. ... ... Legal systems of the countries of the world. Encyclopedic reference

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Consideration of cases in an arbitration court with the participation of arbitration assessors - arbitration assessors are involved in the administration of justice in the first instance arbitration courts in accordance with federal law. A petition to hear a case with the participation of arbitration assessors must be made by a party no later than ... ... Encyclopedic dictionary-reference book of the head of the enterprise

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ARBITRAL OFFICERS IN THE COURT PROCEDURE: PROBLEMS ARISING DURING THE CONSIDERATION OF ARBITRATION DISPUTES

V.V. BEACH

In accordance with Art. 17 - 19 of the Arbitration Procedure Code of the Russian Federation (hereinafter referred to as the Arbitration Procedure Code of the Russian Federation), the consideration of cases in the arbitration court of first instance is carried out by three judges or a judge and two arbitration assessors. The arbitration court of first instance, composed of a judge and two arbitration assessors, shall consider economic disputes and other cases arising from civil and other legal relations, if any party files a motion to consider the case with the participation of arbitration assessors.

Arbitration assessors are involved in administering justice in arbitration courts of first instance in accordance with Federal Law No. 70-FZ of May 30, 2001 "On Arbitration Assessors of Arbitration Courts of Subjects of the Russian Federation" (hereinafter referred to as the Law).
In practice, situations often arise when a complex and intricate litigation requires a collegial decision on the subject of the dispute. In such cases, the involvement of arbitration assessors is really necessary to resolve the most complex category of cases.
At the same time, the aforementioned norms on the need for the participation of arbitration assessors inevitably give rise to abuses on the part of unscrupulous defendants and debtors who are trying to delay the time for consideration of the case, the issuance of a judicial act on the merits of the dispute and, as a consequence, the fulfillment of the obligation by the defendant to execute judicial acts that have entered into legal force. ...
Under such circumstances, an interesting situation arises: on the one hand, the arbitral tribunal cannot refuse a party to involve arbitration assessors in the consideration of the dispute if such a request was made no later than one month before the start of the trial, and on the other hand, a ruling on refusal or on satisfaction of the petition for the involvement of arbitration assessors is not subject to appeal in accordance with Art. 188 APC RF.
Thus, the defendants often use this procedural law in bad faith; their goal is ultimately to unjustifiably delay the trial.
Let's give an example. The arbitration court is considering a dispute on the recovery from the defendant of the loan amount, interest for the use of the loan amount, as well as penalties for the delay in repayment of the loan amount and / or interest provided for in Art. 395 of the Civil Code of the Russian Federation. Usually, this category of disputes is not difficult for a single judge to consider the case, since if there are documents confirming the transfer of the loan amount by the plaintiff to the defendant, as well as evidence of non-repayment of the existing debt by the defendant, the probability of a positive judicial act for the plaintiff is almost one hundred percent. However, the defendant, wishing to postpone the onset of unfavorable consequences for him in the form of the adoption of a judicial act obliging the defendant to fulfill the obligations to return the funds, deliberately deliberately drags out the litigation by filing an appropriate petition for the consideration of this case with the participation of arbitration assessors. Moreover, it is absolutely not necessary to file such a petition directly at the preliminary court session, since the said petition, and even without determining the candidates for arbitration assessors, can be sent to the office of the arbitration court directly on the day of the preliminary hearing on the case without the defendant's appearance at the hearing, or sent to the court by mail ...
In such circumstances, the judge must postpone the preliminary hearing of the case, inviting the plaintiff and the defendant to choose the candidates for arbitration assessors in the case no later than ten days before the start of the trial.
Probably, the plaintiff, who is interested in the shortest possible time of the trial, will in good faith fulfill the obligation to choose a candidate for the arbitration assessor in the case, which cannot be said about the defendant, since in accordance with Part 3 of Art. 19 of the Arbitration Procedure Code of the Russian Federation, if a party does not declare the selected candidate for the arbitration assessor no later than ten days before the start of the trial, the court has the right to independently determine such a candidate.
On this basis, the trial will again be postponed if the defendant did not appear at the preliminary court session for valid reasons and did not choose a candidate for the arbitration assessor in the case. The judge, having elected a lay judge for the defendant, is obliged to send the corresponding ruling to the parties, including the arbitration assessors, indicating the date of the court hearing in the case.
A situation often arises in which one of the arbitration assessors does not appear at the date of the hearing in the court hearing on the date specified by the arbitration court due to various circumstances (illness, business trip, being outside the Russian Federation, etc.).
In such circumstances, the consideration of the dispute is also postponed, otherwise the pronounced judicial act will be subject to unconditional cancellation as issued by the illegal composition of the arbitration court in accordance with paragraph 1 of part 4 of Art. 270 or clause 1 of part 4 of Art. 288 APK PF.
Thus, the statement of only one petition to involve arbitration assessors may entail delaying the consideration of the dispute for a sufficiently long period, during which the defendant can alienate liquid property, assets and perform other actions that will further significantly complicate or make impossible the execution of the judicial act.
As noted in the legal literature, a party intending to use its right to consider a case with the participation of arbitration assessors is not obliged to argue for the need to involve arbitration assessors in the consideration of the case. Here, a simple expression of the will of a party in an admissible procedural form is sufficient. The judge shall not have the right to dismiss the timely submitted petition of the appropriate subject of the process for the consideration of the case with the participation of assessors.
As noted by most authors, “the practice of considering cases in courts with the participation of non-professional judges from among persons with special knowledge or professional experience in a particular field of activity is quite widespread in many countries of the world. and improves the quality of the decisions made. "
However, according to the author, the current legislation of the Russian Federation requires the introduction of certain changes related to the ability of the bona fide party to defend himself against the filing of such petitions, and the list of grounds should be expanded, since currently there is only one reason for refusal - failure to comply with the deadline for filing a petition for consideration of a dispute with the participation of arbitration assessors.
Another problem, which, from the point of view of the author, requires legislative resolution, is the possibility of the parties to the dispute to have information about the professional qualities and work activities of candidates for arbitration assessors.
At present, the lists of arbitration assessors are formed by the commercial courts of the constituent entities of the Russian Federation on the basis of proposals for candidates for arbitration assessors sent to these courts by chambers of commerce and industry, associations and unions of entrepreneurs, and other public associations.
The lists of arbitration assessors are submitted by the arbitration courts of the constituent entities of the Russian Federation to the Supreme Arbitration Court of the Russian Federation and approved by the Plenum of the Supreme Arbitration Court of the Russian Federation.
It seems that the majority of the parties involved in economic disputes have no idea about the candidate they have to choose when granting the relevant petition.
In addition, having analyzed the norms of the Law, one can come to the conclusion that in sub. 1 h. 2 tbsp. 2 of the Law, it is necessary to make changes, according to which persons who were previously brought to justice (criminal, civil, administrative, etc.) cannot be arbitration assessors. At the present stage of the development of the judiciary, it is important that persons administering justice would have a truly impeccable reputation.
It is also advisable to amend the liability for the issuance of either an unlawful judicial act or an act subsequently canceled by a higher authority.
These proposals will contribute to the development of impartial and independent justice, including the legal institution of arbitration assessors.

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A party to an arbitration dispute has the right to apply for the involvement of arbitration assessors. This is possible if the business is complex or if you need specialists in the field of economics and finance. The petition must be submitted in time before the completion of the preparation for the consideration of the case.

In this article

When will you need to invite arbitration assessors

A participant in an arbitration dispute has the right to apply for the involvement of arbitration assessors. Arbitration assessors are not professional judges. Their presence can be due to two reasons:

• as arbitration assessors are experts in the field of economics, finance, management. Their knowledge is necessary to make a decision;
• the party to the dispute is not sure about the impartiality of the judge, however, there is no reason to challenge. The presence of arbitration assessors reduces the likelihood of a biased decision. The sitters and the judge make decisions by a simple vote, by a majority vote.

Confirm the need for the participation of arbitration assessors in the arbitration process

In order for the arbitral tribunal to agree to involve arbitration assessors, it will be necessary to confirm the need for their presence. As an argument, you can refer to the complexity of the case, economic specifics, or both reasons at the same time. But proof will be required. If a party to the dispute wants to invite arbitration assessors, since it doubts the judge, it will only have to refer to those grounds that the legislator has defined in Article 19 of the APC.

What cases are considered by arbitration assessors

As a rule, consideration with the participation of arbitration assessors is organized in relation to cases:

• on the basis of vindication claims,
• to recover damages,
• on the collection of interest for the use of credit funds,
• on debt collection by way of subsidiary liability.

When it is prohibited to involve arbitration assessors in the arbitration process

There are several situations in which arbitration assessors are not involved:

1. If the case is pending on appeal or cassation. Arbitration assessors may be present only when the case is dealt with by the first instance.
2. If the case arose from public legal relations or concerns the establishment of legally significant facts.
3. If in the first instance the case is considered by a panel of professional judges.

According to the rules of Article 17 of the APC RF collectively consider:

• cases for which the Intellectual Property Court is the first instance;
• cases that were sent to the first instance for a new trial with the requirement to involve a panel of judges;
• cases in which a decision was made to involve a collegium of judges, since the case is especially complex.

How assessors are chosen

The court met the applicant halfway and agreed to admit the arbitration assessors to the consideration of the case. Who exactly to invite as assessor is determined with the help of an automated information system, which contains data on specialists in the field of economics and finance. The program selects candidates in a random order, but taking into account specialization. The parties to the dispute may object to one or another candidate or several. In this case, you should declare a challenge, according to the same rules, according to which the judge is challenged (part 3 of article 21 of the Arbitration Procedure Code of the Russian Federation).

The court issues a ruling upon request, which is not subject to appeal (paragraph 4, paragraph 1). This applies to both cases of approval of the application and refusal.

How to apply for assessors

You can apply for the involvement of arbitration assessors orally in a court session. Usually, a written document on assessors is sent to the court. The methods of submitting such an appeal correspond to the usual methods of filing a petition in arbitration, for example, to require evidence:

• by mail,
• in electronic form,
• through the court office,
• at the meeting.

The deadlines for filing a petition for assessors depend on the date of the trial (paragraph 1 of part 2 of article 19 of the Arbitration Procedure Code of the Russian Federation). You need to have time to file a petition at the preparation stage, at least one month before the start of the proceedings. Optimally - before the completion of the preparation is announced at the preliminary meeting and the date of the proceedings is set.

There are three cases when it is possible to send a request for assessors after the completion of the preparation:

1. If, after the completion of the preparation, the court replaced the inappropriate defendant, or new participants appeared in the case (co-plaintiff, third party with independent claims, co-defendant, second defendant). Then the new party to the dispute has the right to apply for arbitration assessors before the first hearing with his participation (paragraph 3, clause 3 of Resolution No. 70).
2. If the party to the process did not file a petition, since the court did not notify it about the process (paragraph 4, paragraph 3 of Resolution No. 70).
3. If several cases have been combined, and this case can be considered in the presence of arbitration assessors. The petition is sent before the first court session in the joint case (paragraph 4, clause 6 of Resolution No. 70).

In all other cases, the court will refuse to consider the petition for assessors if it was filed after the completion of the preparation.

The court has the right to reject the application. For example, if he considers that the complexity of the case does not require the involvement of specialists (). If the court makes such a determination, it will not be possible to challenge it ().

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Arbitration assessors of the Arbitration Court of the Amur Region

Curriculum Vitae:

Vladimir Innokentyevich Kirillov in 1971 he graduated from the Blagoveshchensk Higher Tank Command School. Marshal of the Soviet Union K.A. Meretskov, in 2004 - the Moscow Academy of Entrepreneurship under the Government of Moscow. He worked in the security agencies of the Russian Federation, the Office of Rosreestr for the Amur Region, from 2009 to 2015, he headed the Office of the Ministry of Justice of the Russian Federation for the Amur Region. Currently he is a member of the Public Chamber of the Amur Region. He was awarded various medals of military service and the Ministry of Justice of Russia.

Alexander Vladimirovich Sinelnikov in 1979 he graduated from the Omsk Higher Tank Engineering School, in 2005 - from the Moscow Academy of Entrepreneurship under the Moscow government. He worked in the security agencies of the Russian Federation, the Office of the Ministry of Justice of the Russian Federation in the Amur Region and other organizations. Currently holds the position of the leading legal adviser of the State Public Institution of the Amur Region "Staff of the Public Chamber of the Amur Region".

To the history of the issue

Arbitration assessors began to be involved for the first time in the consideration of cases in arbitration courts on an experimental basis in 1995. This was provided for by Art. 8 ФЗ dated 05.05.1995 № 71-ФЗ "On the introduction of the Arbitration Procedure Code of the Russian Federation". The procedure for conducting the experiment, the arbitration courts in which it was carried out, was determined by the Plenum of the Supreme Arbitration Court of the Russian Federation, which also approved the list of arbitration assessors.

The analysis of the results obtained allowed the Supreme Arbitration Court of the Russian Federation to conclude that for certain categories of disputes, special knowledge and practical work experience contribute to the adoption of lawful and well-grounded decisions.

In general, in the system of arbitration courts of Russia, the institute of arbitration assessors was introduced in 2001 with the adoption of Federal Law No. 70-FZ dated May 30, 2001 "On arbitration assessors of commercial courts of constituent entities of the Russian Federation", which regulates the status of arbitration assessors, the procedure for their approval and involvement in the administration of justice, remuneration of arbitration assessors.

The status of arbitration assessors.

Questions of the status of an arbitration assessor, the requirements for them, are regulated by Federal Law No. 70-FZ dated 30.05.2001 "On arbitration assessors of arbitration courts of the constituent entities of the Russian Federation."

According to paragraph 1 of Article 2 of the Law on Arbitration Assessors, arbitration assessors can be citizens who have reached 25 years of age, but not older than 70 years, with an impeccable reputation, having a higher education and work experience in the field of economic, financial, legal, managerial or entrepreneurial activity of at least five years.

The law on arbitration assessors establishes a list of persons who cannot be arbitration assessors, it includes, including: persons who have a conviction that has not been removed or canceled in accordance with the procedure established by law; persons who have committed an act that belittles the authority of the judiciary; persons recognized as incapacitated or partially incapacitated by a court decision that has entered into legal force; persons holding government positions of the Russian Federation, government positions of constituent entities of the Russian Federation, positions of the state civil service of the Russian Federation, as well as persons holding municipal positions and positions of municipal service; judges, prosecutors, military personnel, investigators, lawyers, notaries, persons belonging to the management and operational staff of the internal affairs bodies of the Russian Federation, the State Fire Service of the Ministry of the Russian Federation for Civil Defense, Emergencies and Elimination of the Consequences of Natural Disasters, federal security service bodies, bodies for control over the circulation of narcotic drugs and psychotropic substances, customs bodies of the Russian Federation, bodies executing punishment, as well as persons carrying out private detective activities on the basis of a special permit (license); persons registered in narcological or neuropsychiatric dispensaries; spouse, parents, children, siblings, grandfathers, grandmothers, grandchildren, as well as parents, children, siblings of the spouse of the chairman or deputy chairman of the same arbitration court of a constituent entity of the Russian Federation.

The importance of the functions performed by arbitration assessors brings their position closer to that of professional judges working on a permanent basis: in accordance with the law, arbitration assessors take part in the consideration of the case and the decision-making on an equal basis with professional judges. In administering justice, they enjoy the rights and duties of a judge.

Article 6 of the Law establishes the rules for remuneration of arbitration assessors. It is stipulated that the arbitration assessor, in proportion to the number of working days during which he participated in the administration of justice, is paid by the relevant arbitration court of the constituent entity of the Russian Federation at the expense of the federal budget in the amount of one fourth of the official salary of a judge of this arbitration court, but not less than five times the minimum the amount of remuneration established by the legislation of the Russian Federation. The arbitration assessor shall be reimbursed for travel expenses in the manner and amount that are established for judges on assignment within the Russian Federation.

Formation of lists of arbitration assessors

The lists of arbitration assessors are formed by the commercial courts of the constituent entities of the Russian Federation on the basis of proposals for candidates for arbitration assessors sent to these courts by chambers of commerce and industry, associations and unions of entrepreneurs, other public and professional associations. The arbitration court of a constituent entity of the Russian Federation organizes verification of the reliability of information on the candidates for arbitration assessors. In this case, the arbitration court of a constituent entity of the Russian Federation has the right to apply with a request to verify the reliability of the information provided to it to the relevant authorities, which are obliged to report the results of the verification within the time period established by the arbitration court, but no later than two months from the date of receipt of this request.

The lists of arbitration assessors shall be submitted by the commercial courts of the constituent entities of the Russian Federation to the Supreme Court of the Russian Federation and approved by the Plenum of the Supreme Court of the Russian Federation.

An arbitration assessor shall exercise his powers for two years, after the expiration of his term of office, an arbitration assessor may be repeatedly included in the lists of arbitration assessors in the manner prescribed by the Law on Arbitration Assessors

Procedure for Bringing Arbitration Assessors to Administration of Justice

Arbitration assessors are involved in the consideration of cases at the request of a party, resolved in accordance with the procedure established by the Arbitration Procedure Code of the Russian Federation.

Part 3 of Article 17 of the Arbitration Procedural Code of the Russian Federation provides for the consideration of economic disputes and other cases arising from civil and other legal relations by an arbitration court of first instance, consisting of a judge and two arbitration assessors, if any of the parties files a motion for consideration of the case with the participation of arbitration assessors ... Cases arising from administrative and other public legal relations, cases of special proceedings, as well as cases subject to consideration by a collegial composition of judges by virtue of the requirements of the current legislation, shall not be subject to consideration with the participation of arbitration assessors; cases on challenging regulatory legal acts; cases falling within the jurisdiction of the Intellectual Property Rights Court.

Involvement of arbitration assessors in the consideration of cases is regulated by Article 19 of the Arbitration Procedure Code of the Russian Federation, which provides that arbitration assessors may be involved in the consideration of cases in arbitration courts of first instance in accordance with the Arbitration Procedure Code of the Russian Federation and other federal laws at the request of a party due to the particular complexity of the case and (or ) the need to use special knowledge in the field of economics, finance, management.

Thus, a petition to consider a case with the participation of arbitration assessors must contain a justification for the particular complexity of the case and (or) the need to use special knowledge.

A petition to consider a case with the participation of arbitration assessors is considered according to the rules of Article 159 of the Arbitration Procedure Code of the Russian Federation and the court has the right to refuse to satisfy it, if it comes to the conclusion, among other things, that there is no particular complexity of the case, the need to use special knowledge in the field of economics, finance, management, as well as due to the absence among the persons approved by the arbitration assessors of the relevant arbitration court, specialists in the field in which special knowledge is required when considering a case.

It follows from the prescriptions of Article 19 of the Arbitration Procedure Code of the Russian Federation that the procedural right of a party to submit a petition to involve arbitration assessors in the case is exercised at the stage of preparing the case for trial (a petition can be made by a party no later than one month before the start of the trial).

If a petition to consider a case with the participation of arbitration assessors is filed by a party after the court announces in a preliminary court session that the case has been prepared for trial and that the case is scheduled for trial, the arbitration court refuses to satisfy it (clause 3 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation from 10.11.2011 No. 70 "On some issues related to the participation of arbitration assessors in the administration of justice"). An exception to this rule is the cases when these petitions are filed by a person who has been involved (entered) in the case as a party to the dispute (a third person making independent claims regarding the subject of the dispute) after the end of the preparation of the case for trial, as well as by a party that has not been notified of acceptance a statement of claim to the proceedings and initiation of proceedings on the case, as a result of which she could not file such a motion within the time limit established by law.

The candidates for arbitration assessors are determined from the list of arbitration assessors approved in accordance with the procedure established by law, taking into account their specialization, by random sampling using an automated information system or in another way used in the arbitration court to form the composition of the court.

An arbitration assessor who has received a ruling from an arbitration court on the appointment of a court session with his participation is obliged in the future to independently monitor information about the progress of the case and the appointment of subsequent court sessions.

Failure to appear, including repeated, of one or two arbitration assessors in the court session does not entail their automatic replacement. In this case, the case may be considered by the judge alone, if the parties or their representatives are present at the given court session and do not object to the consideration of the case by the judge alone.

If at least one of the parties objects to the hearing of the case by the judge alone, the court announces a break in the court session or adjourns the trial. If it is impossible to hold a new court session due to the failure of one or two arbitration assessors to appear at the court session, the court, at the request of one of the parties, has the right to issue a ruling on the consideration of the case by the judge alone and open the court session in the first instance.

On arbitration assessors of the Arbitration Court of the Amur Region

In the period from 2011 to the present, the Arbitration Court of the Amur Region considered 2 cases with the participation of arbitration assessors.

The peculiarity of arbitration and jurors is that they are involved in court proceedings on a temporary basis. According to the law, these persons are not considered judges. Meanwhile, the importance of the functions that they implement is difficult to overestimate. Consider in the article the features of the status of arbitration assessors.

Subjects of law

Citizens of the Russian Federation may act as arbitration assessors of commercial courts. The activities of these persons, the conditions and peculiarities of their involvement in the proceedings are regulated by Federal Law No. 70.

The first article of this normative act establishes general provisions regarding the participation of arbitration assessors in litigation. The subjects are involved in the proceedings of cases arising from civil relations and subordinate to the first instance.

Specificity of status

Due to the high responsibility and great importance of the functions performed by assessors, they enjoy the same independence as professional judges. Exercising unlawful influence on people's representatives in order to coerce or persuade them to make an unjust decision is just as unacceptable as pressure on judges.

The judges participating in the administration of justice, in addition to the rights ensuring their activity in the direct adoption of decisions, are vested with sufficient rights to study the evidence considered in court. For them, the proper conditions are created for an objective, comprehensive, full assessment of the circumstances necessary to make well-grounded, lawful, fair decisions. This, among other things, also expresses the similarity of the status of the people's representatives with the status of judges.

At the same time, the legal status of persons involved in arbitration proceedings is determined not only by the obligations and rights provided for by the legislation, but also by measures of protection against unlawful outside influence.

Judges and assessors

The interaction of these persons is also referred to in Art. 1 ФЗ № 70. According to the provisions, it is formed in such a way that the influence of interested parties on the outcome of the case is completely excluded. One judge and 2 arbitration assessors participate in the proceedings. Moreover, the latter are independent and subject exclusively to federal legislation and the Constitution.

Difference between arbitration and juror

The voice of the people's representative in an arbitration case is equal to the voice of the judge with whom he is considering the case. This conclusion follows from the provisions of Article 19 of the APC. When considering cases, arbitration assessors bear obligations and exercise the rights of judges.

As for the jury, it is a little different here. The voice of this people's representative is not equal to the voice of the judge. This is due to the fact that jurors are involved in deciding mainly questions about the innocence or guilt of a citizen in a criminal case, about whether the defendant deserves leniency. At the same time, a professional judge does not have the right to unreasonably ignore the jury's verdict when deciding on a verdict.

Conflict of interest

In the exercise of their powers, assessors should avoid anything that might diminish the authority of the court or raise doubts about fairness, impartiality and objectivity.

In the event of a conflict of interest, the persons are obliged to recuse themselves or notify the other parties to the dispute about the situation.

Conflict of interest should be understood as circumstances in which the subject's indirect or direct personal interest may affect the proper performance of his / her assigned duties. Simply put, this is a situation when the interests of assessors contradict the rights of other persons, including those not participating in the proceedings.

Personal interest is considered to be the possibility of obtaining material benefit or other illegal advantage in the process of performing the duties assigned to the arbitration assessor.

Requirements for citizens

They are provided for in the 2nd article of the Federal Law No. 70. Citizens of 25-70 years old who have:

• impeccable reputation;
• higher vocational education;
• work experience in management, legal, financial, economic or entrepreneurial sphere for at least 5 years.

Limitations

An arbitration assessor cannot be a citizen:

• having an outstanding / unexpunged conviction;
• committed an act that belittles the authority of the court;
• recognized as partially capable / fully incompetent by a court decision that has come into force;
• substitutes for the state office of the Russian Federation, a constituent entity of the Russian Federation, civil service, as well as municipal positions;
• registered in a neuropsychiatric or narcological dispensary.

Cannot be assessors also:

• judges;
• military personnel;
• prosecutors;
• lawyers;
• investigators;
• notaries;
• subjects belonging to the operational / command staff of the Internal Affairs Directorate of the Russian Federation, the State Fire Service, FSB bodies, structures executing punishment, controlling the turnover of psychotropic / narcotic drugs;
• private detectives operating on the basis of a special permit.

Credentials

Their term is limited to two years. The term of office of the assessor is terminated on the last day of the last month of the specified period. At the end of the term, a citizen can be included in the lists of assessors according to the rules established by Art. 3 ФЗ № 70.

If the consideration of the case with the participation of the arbitration assessors is not completed by the date of the expiration of their term of office, the citizens continue to fulfill their duties until the completion of the proceedings.

Petition to involve a citizen in the settlement of disputes

The participation of arbitration assessors may be due to the complexity of the case or the need to use specialized knowledge in managerial, economic, financial or other areas.

Involvement of arbitration assessors in the proceedings is carried out at the request of the interested person in the manner prescribed by the APC and other federal laws.

When the application is satisfied, the candidates are selected from the list approved in accordance with the established procedure, taking into account the specialization. The choice is made using an automated system or other method used in court.

If, after self-challenge or challenge of one (several) assessors, it is impossible to form the composition of the court for the consideration of the case, the proceedings shall be carried out by the judge alone.

As indicated in Part 4 of Art. 19 of the APC, if one or two assessors fail to appear at the hearing, the case can also be considered by a single judge. In this case, it is necessary to obtain consent from the parties present (their representatives).

If the parties to the dispute object to the sole hearing, the judge will adjourn or postpone the hearing. If it is impossible to hold a new session due to the failure of the people's representatives (one or two) to appear, the court, on the basis of the petition of one of the parties to the dispute, may issue a ruling on the sole hearing of the case and open a hearing at first instance.

Reward

It is paid to the assessor in proportion to the number of working days during which he participated in the consideration of cases. The remuneration is financed from the federal budget.

The amount of compensation is 1/4 of the official salary of an arbitrator. In this case, the amount should not be less than 5 minimum wages.

In addition, the arbitration assessor is compensated for travel expenses. Payments are made in the amount and according to the rules stipulated for judges posted on business in Russia.

Warranty

The same guarantees apply to arbitration assessors and members of their families for the entire period of their powers as to judges. They are enshrined in the Constitution, FKZ No. 1, Law No. 3132-1.

All the time during which the assessors performed their powers to administer justice shall be counted in calculating the length of service of any kind. In addition, individuals retain: the average earnings provided for at the main place of employment, benefits and guarantees established by law.

Assessor lists

They are formed by the arbitration courts of the constituent entities of the Russian Federation on the basis of proposals of candidates sent by associations of entrepreneurs, chambers of commerce and industry, and other public and trade associations.

The court organizes verification of the accuracy of information about candidates. To do this, she has the right to apply to the relevant authorities. The latter, in turn, must report on the results of the check within the time period established by the court, but no later than 2 months later. from the date of receipt of the request.

Statement

The lists of assessors are submitted by the judicial instances of the subjects in the Supreme Court. The approval is carried out by the plenum of the court

The agreed lists are published in the "Bulletin of the RF Armed Forces" on a mandatory basis and in other media (if necessary).

The number of assessors in courts is set at the rate of at least two assessors per judge considering a dispute in the first instance.

Moscow Arbitration Court

The reception of the lists of assessors and the documents attached to them is carried out in this instance by the personnel department. The Moscow Arbitration Court requires the submission of the following papers:

• Letters of recommendation.
• Help lenses.
• Copies of the passport.
• Copies of the labor.
• Characteristics.
• References from neuropsychiatric and narcological dispensaries.

These documents are provided for each candidate for assessor.

The papers must be signed and certified by the head of the organization recommending the citizen.

The civil service personnel department is open from Monday to Friday, from 10:00 to 17:00. It is located at: st. B. Tulskaya, 17, office number A023.