Northwestern branch court. Arbitration Court of the North-Western District (AS NWO)

About arbitration courts of Russia

Arbitration courts are created to consider cases determined by special properties commercial sphere activities in Russian Federation. Being specialized, these courts administer justice by deciding economic disputes arising from civil, administrative and other legal relations within their competence by the Constitution of the Russian Federation, the Federal constitutional law“On arbitration courts in the Russian Federation”, Arbitration procedural code Russian Federation and adopted in accordance with them federal laws. Disputes within the jurisdiction of the arbitration court are not subject to consideration in general civil courts.

Structure of arbitration courts

The system of arbitration courts in the Russian Federation includes: arbitration courts of districts; arbitration appellate courts, arbitration courts of republics, territories, regions, cities federal significance, autonomous region, autonomous districts (arbitration courts of the constituent entities of the Russian Federation). Courts are financed from funds federal budget.

Currently, there are 10 arbitration district courts, which are inspection courts in cassation instance legality of decisions of arbitration courts of constituent entities of the Russian Federation adopted in the first and appellate instance. These courts are organized according to territorial basis, according to which the territories of the constituent entities of the Russian Federation are united into districts.
The jurisdiction of the Arbitration Court of the North-Western District extends to 11 constituent entities of the Russian Federation: Arkhangelsk, Vologda, Kaliningrad, Leningrad, Murmansk, Novgorod, Pskov, Tver regions, St. Petersburg and the Republic of Karelia and Nenets autonomous region.

Arbitration Court of the North-Western District

The Arbitration Court of the North-Western District has a presidium, a judicial panel for consideration of disputes arising from civil and other legal relations, and a judicial panel for consideration of disputes arising from administrative legal relations. IN civil college four judicial panels were formed (according to corporate disputes, By property law, By law of obligations). IN administrative board two judicial panels have been formed, one of which specializes in tax disputes, and the other in administrative ones.
The presidium consists of the chairman of the court, three deputy chairmen of the court and the chairmen judicial panels. Cases are heard by a court composed of three judges appointed to this position by decree of the President of the Russian Federation. All judges have higher legal education.

The editorial group created in 1997 also provides great assistance to judges, whose employees check judicial acts for compliance with language and style, corrected grammatical errors and typos. The editorial group also took part in the development of recommendations for the preparation and execution of judicial acts and operative parts.

To prepare scientifically based recommendations for developing the practice of applying laws and other regulations, as well as developing proposals for their improvement, the Arbitration Court of the North-Western District operates a scientific advisory council with the participation of scientists Faculty of Law St. Petersburg state university: Doctor of Law, Professor V.A. Musina, Doctor of Law, Associate Professor O.A. Nogina, Doctor of Law, Professor V.F. Popondopulo, Doctor of Law, Professor N.A. Sheveleva, Ph.D., Associate Professor A.Yu. Busheva, Ph.D., Associate Professor O.A. Zharkova, Ph.D., Associate Professor M.V. Kustova, Ph.D., Associate Professor N.Yu. Rasskazova, Ph.D., Associate Professor M.Z. Schwartz. The conclusions of the scientific advisory board are advisory in nature.

The printed organ of the Arbitration Court of the North-Western District is the magazine “Arbitration Disputes”, which publishes the most interesting from the point of view law enforcement practice decisions of the Arbitration Court of the North-Western District, as well as analytical materials, prepared by its judges, judges of the Arbitration Court of the city of St. Petersburg and Leningrad region, other legal practitioners and academics. The magazine turned out to be in demand not only in the Northwestern District, but also beyond its borders.

On March 29, the Higher Qualification Board of Judges supported the candidacy of Sergei Markin for the post of Chairman of the Arbitration Court of the North-Western District. His competitor and former boss Vladimir Zheltyannikov was let down by the profession of his newly-made son-in-law - he turned out to be a partner in a law office, in connection with which assumptions were made about a possible conflict of interest.

The first members of the VKKS were introduced to the 62-year-old candidate Zheltyannikov, former chairman Thirteenth Arbitration Court of Appeal, holder of the first judicial qualification class. It followed from the report that he worked as a judge for more than 28 years (in particular, in 1992-2004 he served as chairman of the Arbitration Court of St. Petersburg and the Leningrad Region). In 2012-2017, Zheltyannikov was a member of the VKKS.

Characteristics signed by acting Thirteenth Arbitration Court Natalia Anosova, presents the candidate as a “skillful and experienced organizer” and “an proactive, demanding leader.” He is described as an experienced, established judge with impressive quality indicators, “high stability and efficiency of decisions.”

From the materials it follows that Zheltyannikov’s wife is a pensioner, his daughter works as a notary in St. Petersburg, and his brother is a programmer in one of the reputable commercial structures of the city on the Neva. The daughter’s husband is a lawyer, also practicing in northern capital. As for the judge’s property, it is “quite comparable to his salary,” the rapporteur said. Certain discrepancies between the areas of his apartments indicated by the applicant and the data of the Federal Tax Service - to this effect he provided detailed explanations - were considered insignificant. There was also no “compromising information” found in the responses to requests submitted to the competent authorities.

Next it was the turn of 61-year-old Sergei Markin, who also has the first qualification class. According to the report, since 1997 he served as deputy chairman of the AS of St. Petersburg and the Leningrad region (when it was headed by Zheltyannikov), and in 2013 he was appointed chairman of the AS of the Republic of Karelia. Total experience work on legal profession Markina is 33 years old, including 29 years as a judge.

Judging by the description signed by the Deputy Chairman of the RF Supreme Court Oleg Sviridenko, the applicant has “deep comprehensive knowledge of law and highly trained", is able to consider "the most wide range affairs." It is separately noted that he “actively implements advanced methods e-justice" From 2013 to October 2017, Markin reviewed 440 cases, of which only 11 decisions were changed or overturned (nine on appeal, two on cassation). It is noteworthy that the judge made most of the errors from January to February 2013, and the main reason for this was the “increased complexity of these cases” and “the lack of established practice in the context of changing legislation.” Twice Markin was elected to the VKKS.

Markin’s wife is a consultant in the office of a judge of the Constitutional Court of the Russian Federation, and her daughter has been deputy director for development and legal issues LLC "Miracle Garden", the wife's son is a lawyer who is not currently working. Regarding the property, the speaker said, the judge indicated everything correctly - with the exception of exactly the same minor discrepancies in the area of ​​​​the apartments with the Federal Tax Service, as in the case of Zheltyannikov’s declaration. The candidate explained them in detail, attaching necessary documents. No incriminating evidence on Markin competent authorities also not found.

Tell me,” he turned to Zheltyannikov, “you were recommended on May 19, 2016 for the post of chairman of the Arbitration Court of the Kaliningrad Region?”

Yes that's right…

What happened there?

It so happened that my wife was diagnosed with a serious illness... the situation did not allow me to be at a distance. In general, I found it impossible to occupy this position,” Zheltyannikov explained.

“So, and more,” Timoshin continued, bending over the papers. - Your daughter’s husband is a lawyer, isn’t he? I have information that cases with his participation were considered in the Thirteenth Arbitration Court and in the North-Western Arbitration Court...

Yes, it was,” Zheltyannikov sighed.

What exactly does your brother do? - the presiding officer continued.

Development of project programs for organizations, administrative bodies. These are purely applied things, electronic support for office work...

In the Thirteenth Arbitration Court, in the Northwestern, does this organization often act as a party to the case?

I made a request, - the candidate seemed slightly embarrassed. - Yes, there were several things to do - but before he came there to work. But since the arrival of their brother they have not been there!

Then the VKKS spent some time dealing with garden plot, owned by Zheltyannikov’s wife - it allegedly contained a certain “house that does not exist in reality,” however, the applicant’s explanation seemed to suit everyone.

Have you reflected the site itself? - Timoshin asked and, having received an affirmative answer, did not ask any more questions. But they appeared at the Deputy Chairman of the Russian Armed Forces for Economic Disputes Oleg Sviridenko.

For what reason did you not indicate in the application form that your daughter’s husband is the founder? law office Klyachkin and Partners? - he asked the question point-blank.

He... you know, he’s a partner,” Zheltyannikov hesitated slightly. - He is not the founder...

Okay, but there is information, indicating specific cases, where he represented the interests of clients in 11 cases in the Arbitration Court of St. Petersburg and in seven in the Thirteenth Arbitration Court. “All the files are in the file cabinet,” Sviridenko said. - How can you explain?

We need to see what period this is - the challenger tried his best to take the blow. - He became his daughter’s husband on January 27, 2017... It is possible that the cases were considered before this date. But from the moment they became husband and wife...

But I guess he's from this one advocacy organization not planning to leave yet? - the deputy chairman of the Armed Forces was advancing.

He’s not going to, because he supports three children...

The first commercial court in modern understanding of this word was established in 1808 in Odessa. Until this moment in Russia there were special courts for the trading class, the first mention of which is found in the Charter of the Novgorod Prince Vsevolod Mstislavovich, dated 1135. Then special customs courts were established under the New Trade Charter in 1667. Further development merchant courts received under Peter the Great. In 1699, the Chamber of Burmisters was established in Moscow, and in 1719, the Commerce Collegium was created, which was in charge of trade and bill affairs. Higher court became the Senate, the IV department of which was the court of appeal for trade affairs.

After the establishment of a commercial court in Odessa, such courts were created in Taganrog (1818), Feodosia (1819), Arkhangelsk (1820), Izmail (1824). May 14, 1832 published General position on the establishment of commercial courts in Russia, which meant the formation of a system of arbitration courts. Commercial courts appear in St. Petersburg (1832), Moscow (1833), Novocherkassk (1835) and other cities.

Judicial reform 1864 in Russia did not organizationally affect commercial courts. Changes occurred only in legal proceedings: disputes began to be considered not only on the basis of the Charter of Commercial Litigation, but also in accordance with the Charter Civil proceedings dated November 20, 1864. The execution of decisions of commercial courts was carried out according to writs of execution through bailiffs and was outside the jurisdiction of commercial courts.

Commercial courts operated until 1917. Decree on Court No. 1 Soviet power they were abolished. All disputes that arose between government organizations, enterprises and institutions were resolved in administrative procedure. On September 21, 1922, the Regulations on the procedure for resolving property disputes between government agencies and enterprises. According to this Regulation, arbitration commissions are created: in the center - at the Council of Labor and Defense (Arbitration Commission at the STO) and locally - at regional economic meetings.

In 1924, the organization of the system of arbitration commissions as special bodies created to resolve property disputes between state and cooperative enterprises and organizations, has largely been completed. On May 3, 1931, the Regulations on State Arbitration were approved. It stated that the State Arbitration “is established to resolve property disputes between institutions, enterprises and organizations of the socialized sector in a direction that ensures the strengthening of planning and contractual discipline and economic accounting.”

In 1934, the competence of the bodies of the State Arbitration Court included disputes arising during the conclusion of contracts. The Constitution of 1977 recognized arbitration constitutional body. The organization and procedure for its activities began to be determined by the Law “On State Arbitration in the USSR”. However, essentially the system state arbitration was still a body of control and intervention executive power V economic activity enterprises, institutions and organizations.

In connection with economic transformations and the formation of market relations in Russia, the need arose to create an independent judicial system, specially adapted for considering economic disputes between business entities. In July 1991, the Law “On the Arbitration Court” was adopted. Resolution Supreme Council RSFSR of October 1, 1991 “On the implementation of the RSFSR Law “On the Arbitration Court””, arbitration and other similar bodies in the system of ministries were abolished, government departments, in associations, concerns, and other associations. On March 5, 1992, the Arbitration Procedural Code of the Russian Federation came into force, and from July 1, 1995, the new Arbitration Procedural Code of the Russian Federation.

From the same moment, the new Federal Constitutional Law “On Arbitration Courts in the Russian Federation” came into force, the novelties of which are aimed at ensuring that any arbitration court considering disputes between organizations located in different regions Russia, including disputes involving foreign companies and companies, functioned as component unified judicial system.

The actual date of commencement of activity of the Federal Arbitration Court of the North-Western District should be considered September 18, 1995. Since September 1999, the Federal Arbitration Court of the North-Western District has occupied two buildings located on the street. Yakubovich in houses 4 and 6. They are located in the very center of the historical part of the city, which in the 18th century was called Morskaya Sloboda. Once upon a time, the 1st and 2nd Admiralty Canals were laid here. The street that appeared on the site of the 2nd channel was first called Bolshaya Isaakievskaya and then New Isaakievskaya in the 19th century; now it is Yakubovicha Street.

IN historical documents The date of construction of house No. 4 is considered to be 1798. At this time, the house belonged to the St. Petersburg military governor, Count Fedor Fedorovich Buxhoeveden. After his death, the house passed through different owners. A hero lived here for a while Patriotic War 1812, retired general Matvey Aleksandrovich Dmitriev-Mamonov.

In 1902, the front façade of the building was significantly rebuilt: the modest, hitherto unremarkable house was replaced by architect V.M. Molokov gives the appearance, if not of a palace, then of a very magnificent mansion. In the 1950s, the house was built up to five floors, while all the decor was knocked off the facade, which changed the appearance of the building beyond recognition. However, the historical interiors have been preserved on the second floor. Of greatest interest is the Greek Hall, decorated in the Empire style.

From 1963 to 1998, the city prosecutor's office was located in house No. 4. The fate of the site where house No. 6 is located, and the building itself, was significantly influenced by the territorial proximity of the Post Office (Post Office). In 1797 this plot was acquired by everyone famous head Postal Department His Serene Highness Prince A.A. Bezborodko. In the middle of the 19th century, in a building built no later than 1801, there was a postal school, later renamed technical school Postal and Telegraph Department, and then to the Electrical Technical School, as well as apartments provided to employees of the Postal and Telegraph Department. From 1976 to 1985, the premises of house No. 6 were used by the Central Exhibition Hall of Leningrad, located opposite (the former Horse Guards Manege), as utility rooms.

The front facade of house No. 6 has all the signs of Russian civil architecture of the turn of the 18th-19th centuries (new classicism) and is a rare example of ordinary buildings in St. Petersburg, which almost miraculously avoided changes in the pre-revolutionary years and during the Soviet period.

Place in the judicial system

Arbitration courts were created to consider cases determined by the special properties of the commercial sphere of activity in the Russian Federation. Being specialized, these courts administer justice by resolving economic disputes arising from civil, administrative and other legal relations within their competence by the Constitution of the Russian Federation, the Federal Constitutional Law “On Arbitration Courts in the Russian Federation”, the Arbitration Procedural Code of the Russian Federation and adopted in accordance with with them by federal laws. Disputes within the jurisdiction of the arbitration court are not subject to consideration in general civil courts.

The system of arbitration courts in the Russian Federation includes: Supreme Arbitration court Russian Federation; federal arbitration courts of districts; arbitration courts of appeal, arbitration courts of republics, territories, regions, cities of federal significance, autonomous regions, autonomous districts (arbitration courts of constituent entities of the Russian Federation). The courts are financed from the federal budget.

Currently, there are 10 federal arbitration district courts, which are courts for checking in the cassation instance the legality of decisions of arbitration courts of constituent entities of the Russian Federation, adopted in the first and appellate instances. These courts are organized on a territorial basis, according to which the territories of the constituent entities of the Russian Federation are united into districts.

The jurisdiction of the Arbitration Court of the North-Western District extends to 11 constituent entities of the Russian Federation: Arkhangelsk, Vologda, Kaliningrad, Leningrad, Murmansk, Novgorod, Pskov, Tver regions, St. Petersburg, the Republic of Karelia and the Nenets Autonomous District.

The Federal Arbitration Court of the North-Western District has a presidium of the Federal Arbitration Court of the North-Western District, a judicial panel for the consideration of disputes arising from civil and other legal relations, and a judicial panel for the consideration of disputes arising from administrative legal relations, in each panel - three judicial composition.

The Presidium of the Arbitration Court of the North-Western District includes the Chairman of the Arbitration Court of the North-Western District, his deputies and the chairmen of the judicial panels. The chairmen of the judicial panels are at the same time the deputy chairmen of the court. Cases are heard by a court composed of three judges appointed to this position by decree of the President of the Russian Federation. All judges have higher legal education.

The editorial group created in 1997 also provides great assistance to judges, whose employees check judicial acts for compliance with language and style, and correct grammatical errors and typos. The editorial group also took part in the development of recommendations for the preparation and execution of judicial acts and operative parts.

To prepare scientifically based recommendations for developing the practice of applying laws and other regulations, as well as developing proposals for their improvement, the Arbitration Court of the North-Western District operates a scientific advisory council with the participation of scientists from the Faculty of Law of St. Petersburg State University: Doctor of Law. ., Professor A.P. Vershinin, Ph.D., K.K. Lebedev, Doctor of Law, Professor V.A. Musin, Doctor of Law, Professor V.F. Popondopulo, Doctor of Law, Professor A.P. Sergeev, Doctor of Law, Professor V.F. Sidorchenko, Ph.D. N.A. Sheveleva. The conclusions of the scientific advisory board are advisory in nature.

The printed organ of the Arbitration Court of the North-Western District is the journal “Arbitration Disputes”, which publishes the most interesting decisions of the Arbitration Court of the North-Western District from the point of view of law enforcement practice, as well as analytical materials prepared by its judges, judges of the Arbitration Court of the city of St. Petersburg and Leningrad region, other legal practitioners and scientists. The magazine turned out to be in demand not only in the Northwestern District, but also beyond its borders.