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Главная страница    Commercial courts in the Russian Federation  

Commercial courts in the Russian Federation

THE PRESIDIUM OF THE SUPREME COMMERCIAL COURT OF THE RUSSIAN FEDERATION

The Presidium of the Supreme Commercial Court of the Russian Federation reviews judicial acts passed by the commercial courts of the Russian Federation in the exercise of its supervisory powers, and also considers certain issues of judicial practice. The Presidium consists of a Chairperson of the Supreme Commercial Court of the Russian Federation, deputies to the chairperson and chairpersons of the chamber of judges of the Supreme Commercial Court of the Russian Federation. Judges of the Supreme Commercial Court of the Russian Federation , appointed by the Plenum of the Supreme Commercial Court of the Russian Federation for two years may become members of the Presidium (and the same judge may be elected to the Presidium several times). The work of the Presidium of the Supreme Commercial Court of the Russian Federation to review judicial acts in the exercise of its supervisory powers is defined by the Commercial Procedural Code of the Russian Federation . Resolutions of the Presidium of the Supreme Commercial Court of the Russian Federation are made by open vote. Meetings of the Presidium of the Supreme Commercial Court of the Russian Federation are open for the public and mass media representatives.

Members of the Presidium of the Supreme Commercial Court of the Russian Federation are:

Ivanov Anton Alexandrovich,
Chairman of the Supreme Commercial Court of the Russian Federation

Valiavina Elena Yurievna,
first deputy to the Chairman of the Supreme Commercial Court of the Russian Federation


Andreeva Tatiana Konstantinovna,
deputy to the Chairman of the Supreme Commercial Court of the Russian Federation


Vitriansky Vasily Vladimirovich,
deputy to the Chairman of the Supreme Commercial Court of the Russian Federation


Isaichev Vladimir Nikolayevich,
deputy to the Chairman of the Supreme Commercial Court of the Russian Federation


Slesarev Vladimir Lvovich,
deputy to the Chairman of the Supreme Commercial Court of the Russian Federation


Vyshniak Nadezhda Georgievna,
chairwoman of the 5th panel of judges


Zavialova Tatiana Vladimirovna,
judge of the 5th panel of judges


Ivannikova Nina Petrovna,
chairwoman of the 1st panel of judges


Kozlova Olga Alexandrovna,
chairwoman of the 3d panel of judges


Pershutov Anatoly Gennadievich,
judge of the 5thpanel of judges

Sarbash Sergey Vasilievich,
chairman of the 6th panel of judges

Yukhney Mikhail Fyodorovich,
chairman of the 4th panel of judges

Judicial Board and Panels of Judges of the Supreme Commercial Court of the Russian Federation.

Chambers of the Supreme Commercial Court of the Russian Federation consider the first-instance cases, study and generalize judicial practice, develop proposals to improve laws and regulatory legal documents.

The Supreme Commercial Court of the Russian Federation has two chambers: one settles disputes arising out of civil and other matters, and the other settles disputes arising out of administrative matters. Panels of judges of the Supreme Commercial Court of the Russian Federation are formed by the Chairperson of the Supreme Commercial Court of the Russian Federation from among the judges, who are members of the respective chamber. Panels of judges are headed by chairpersons appointed for three-year periods by the Plenum of the Supreme Commercial Court of the Russian Federation .One and the same judge may act as a chairperson of the panel of judges several times. There are six panels of judges in the Supreme Commercial Court of the Russian Federation as at the end of 2008.

The chamber board settling disputes arising out of the civil and other matters consists of three panels of judges.

The first panel of judges

(for the corporate law) considers cases relating to the application of laws on registration, reorganization and liquidation of legal persons and individual entrepreneurs; on challenges against constituent documents of legal persons; on appeals against decisions of the management bodies of legal persons; on the issue and circulation of securities including shares; on keeping of the register of shareholders; on writing shares off the personal account; on the insolvency (bankruptcy);other corporate disputes (between a shareholder and a joint stock company; between members of other business associations and companies, except for labor disputes); disputes arising out of the lease transactions, except for transactions to lease land and wood lots.

Chairwoman of the first panel of judges: Nina Petrovna Ivannikova

The second panel of judges

(for the law of property) considers cases relating to application of the law of the right of owners hip and other corporeal rights (on the protection of rights, including the law on recognition of legal rights), and also the law of privatization; disputes arising out of common property; disputes relating to transactions with land and wood lots (forest fund areas); disputes arising out of transactions with other real property (including sales and purchase, simple partners hip agreements, shared construction and construction contracts) except for the lease transactions; disputes related to the intellectual property and protection of business reputation.

Acting chairman of the second panel of judges: Dmitry Ivanovich Dedov.

The third panel of judges

(for the contract law) considers cases related to application of law on certain types of transactions (including sales and purchase, granting, lending, transportation, rendering of services for compensation, insurance, loan and credit, bank contribution and account, contract of agency, commission, agency, guarantee, pledge, bank guarantee transactions and unilateral transactions) except for the lease transactions and transactions with securities and real property; disputes arising out of civilin juries (including those related with management of natural resources) and unjust enrichment; disputes on the security and other obligations, which are beyond areas of practice of other panels.

Chairwoman of the third panel of judges: Olga Alexandrovna Kozlova

The Chamber settling disputes arising out of the administrative matters consists of three panels of judges.

The fourth panel of judges

(administrative law)considers cases related to challenges against regulatory and non-regulatory legal documents of the state authorities including acts of the customs and currency control authorities; with application of the procedural law and the law on the execution proceeding except for cases, which are within the area of practice of other panels of judges; cases related to application of the anti-monopoly law; to exaction of penalties to the budget based on the claims of the said authorities and with the return of the exacted amounts from the budget; cases related to the administrative offenses.

Chairman of the forth panel of judges: Yukhney Mikhail Fyodorovich.

The fifth panel of judges

(tax law)considers cases related to application of the tax legislation (except for the law on the export value added tax return) including the law on challenging of regulatory and non-regulatory legal documents relating to the tax assessment, on exaction of the tax and other mandatory payments to the budget based on the claims of the tax authorities; on the return of the cash funds written off by the tax authorities from the budget.

Chairwoman of the fifth panel of judges: Vyshniak Nadezhda Georgievna.

The sixth panel of judges

(expert) considers cases related to the application of law on challenging of decisions of the commercial courts, on the issue of the writs of execution for the compulsory execution of decisions made by the commercial courts; on recognition and enforcement of decisions made by the foreign state courts and arbitration tribunals; on the export value added tax return.

Chairman of the sixth panel of judges: Sergey Vasilievich Sarbash.

The Supreme Commercial Court of the Russian Federation has a Council of Chairpersons of the Commercial Courts, which is an advisory body. Its tasks include consideration of issues related to the organizational, staff and financial activities of the commercial courts. The Supreme Commercial Court of the Russian Federation has a Scientific and Consultation Council for preparation of the scientifically based recommendations on different legal issues considered by commercial courts in order to improve court practice. It consists of the procedural administrative law, civil law and private international law sections.

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