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ARTICLE-BY-ARTICLE COMMENTARY TO THE ARBITRATION PROCEDURE CODE OF THE RUSSIAN FEDERATION (continuation)

CIVIL PROCEDURE ON COMMENT


D.Kh. VALEEV, M.R. ZAGIDULLIN, R.B. SITDIKOV

D.Kh. VALEEV,
Doctor of Legal Sciences,
Professor of the Department of Environmental, Labor Law and Civil Procedure
of the Kazan (Volga Region) Federal University

M.R. ZAGIDULLIN
Candidate of Legal Sciences,
Associate Professor of the Department of Environmental, Labor Law and Civil Procedure
of the Kazan (Volga Region) Federal University

R.B. SITDIKOV
Candidate of Legal Sciences,
Associate Professor of the Department of Environmental, Labor Law and Civil Procedure
of the Kazan (Volga Region) Federal University

DOI: 10.24031/2226-0781-2019-9-3-101-125

The present review is an updated part of the Article-by-Article Commentary to the
Arbitration Procedure Code of the Russian Federation, published in 2013 under the
editorship of doctor of legal sciences Ya.F. Farkhtdinov. In this comment the updated
analysis of Chapter 4 “Competence of Arbitration Courts” of the Arbitration Procedure
Code of the Russian Federation in edition of the Federal law of 28 November 2018 No. 451-
FZ on amendments to some legal acts of the Russian Federation coming into force from
the date of the beginning of activity of new cassation courts of general jurisdiction and
appellate courts of general jurisdiction is presented. The essence of the reform in the part of
the commented Chapter is that: a. the concept of “jurisdiction” is excluded and the general
term “competence” is used instead; b. differentiation of cases between arbitration courts and
courts of general jurisdiction, including those considered in both civil and administrative
proceedings, now refers to the concept of jurisdiction. In this regard, in the commented
Chapter, the division into paragraphs is abolished, the names of the articles are changed
accordingly. After several significant reforms related to the liquidation of the Supreme
Arbitration Court of the Russian Federation, the creation of the Court of intellectual
rights, the generic jurisdiction of arbitration cases has developed in such a way that all
cases at first instance are considered in the arbitration courts of the Russian Federation,
except for the following cases: a. on applications for compensation for violation of the
right to legal proceedings within a reasonable time or the right to execution of a judicial
act within a reasonable time – considered at first instance by the arbitration courts of the
districts; b. on disputes related to the protection of intellectual property rights, including
the challenge of normative and non-normative legal acts in this area – by the Court of
Intellectual Property Rights; c. on economic disputes between authorities – by the Supreme
Court of the Russian Federation. It should also be noted that now: a. territorial jurisdiction
is determined by the general rule not by the location, but by the address of the legal entity;
b. in case of violation of the rules of jurisdiction, cases may be referred not only to another
arbitration court, but also to courts of general jurisdiction.

Keywords: arbitration procedure; jurisdiction of the arbitration courts; competence; reform;
differentiation of cases; courts of general jurisdiction.

References

Farkhtdinov Ya.F. (ed.). Commentary to the Arbitration Procedure Code of the Russian
Federation. St. Petersburg, 2003.
Valeev D.Kh. Jurisdiction of Bankruptcy Cases. Lawyer, 2000, no. 5.

Information about the author

Valeev D.Kh. (Kazan, Russia) – Doctor of Legal Sciences, Professor of the Department
of Environmental, Labor Law and Civil Procedure of the Kazan (Volga Region)
Federal University (18 Kremlyovskaya St., Kazan, 420008, Russia; e-mail: valeev55@
gmail.com);

Zagidullin M.R. (Kazan, Russia) – Candidate of Legal Sciences, Associate Professor
of the Department of Environmental, Labor Law and Civil Procedure of the Kazan
(Volga Region) Federal University (18 Kremlyovskaya St., Kazan, 420008, Russia; e-mail:
zagidullin.mr@yandex.ru);

Sitdikov R.B. (Kazan, Russia) – Candidate of Legal Sciences, Associate Professor of
the Department of Environmental, Labor Law and Civil Procedure of the Kazan (Volga
Region) Federal University (18 Kremlyovskaya St., Kazan, 420008, Russia; e-mail:
ruslan.sitdikov@gmail.com).

Recommended citation

Valeev D.Kh., Zagidullin M.R., Sitdikov R.B. Article-by-Article Commentary to the
Arbitration Procedure Code of the Russian Federation (continuation). Herald of Civil
Procedure, 2019, vol. 9, no. 3, p. 101–125. (In Russian). https://doi.org/10.24031/2226-
0781-2019-9-3-101-125

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