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

CIVIL PROCEDURE ON COMMENT


O.A. RUZAKOVA, R.Z. GAYFUTDINOVA

O.A. RUZAKOVA,
Doctor of Legal Sciences, Professor of the Department of Intellectual Rights
of the Kutafin Moscow State Law University (MSAL), Deputy Head of the Committee
of the State Duma of the Federal Assembly of the Russian Federation
on State Building and Legislation

R.Z. GAYFUTDINOVA,
Candidate of Legal Sciences, Associate Professor of the Department of Civil Law
and Civil Procedure of the Branch of the Kazan Federal University
in Naberezhnye Chelny

This commentary 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
P.V. Krasheninnikov. This commentary presents an updated analysis of Chapter 1 “General
Provisions” of the Arbitration Procedure Code of the Russian Federation. In particular, it
reflects the following most significant changes. The Supreme Arbitration Court of the Russian
Federation has been liquidated and its competence to resolve disputes in the field of business
and other economic activities has been assigned to the competence of the Supreme Court of
the Russian Federation. Cases on challenging normative legal acts, except for those regulating
the scope of legal protection of intellectual property, are excluded from the jurisdiction of
arbitration courts. A new filing procedure in the arbitration courts of documents in electronic
form, the pronouncement of judicial acts in electronic form has been introduced. A new Law
“On Arbitration in the Russian Federation” has been adopted, which significantly changed
the system of arbitration courts in Russia. The 21st Arbitration Court of Appeal has appeared,
the names and structure of cassation arbitration courts have been changed. The possibility
of using not only material but also procedural analogy of statute and analogy of law by
arbitration courts is fixed. The writ proceeding appeared in arbitration procedure.

Keywords: arbitration procedure; general provisions; commentary; 21st Arbitration Court
of Appeal; procedural analogy of law.

Information about the author

Ruzakova O.A. (Moscow, Russia) – Doctor of Legal Sciences, Professor of the
Department of Intellectual Rights of the Kutafin Moscow State Law University (MSAL),
Deputy Head of the Committee of the State Duma of the Federal Assembly of the Russian
Federation on State Building and Legislation (117997, Moscow, Stremyanniy Lane,
36, Bldg. 8, Office 508; e-mail: ruza@duma.gov.ru);
Gayfutdinova R.Z. (Naberezhnye Chelny, Russia) – Candidate of Legal Sciences,
Associate Professor of the Department of Civil Law and Civil Procedure of the Branch
of the Kazan Federal University in Naberezhnye Chelny (423812, Naberezhnye Chelny,
Prospekt Syuyumbike St., 10a, Educational building; e-mail: gajfutdinova.rozalia@
yandex.ru).

Recommended citation

Ruzakova O.A., Gayfutdinova R.Z. Postatejnyj kommentarij k Arbitrazhnomu
protsessual’nomu kodeksu Rossijskoj Federatsii [Article-by-Article Commentary to the
Arbitration Procedure Code of the Russian Federation]. Вестник гражданского процес-
са = Herald of Civil Procedure, 2018, no. 4, p. 96–157. (In Russian) DOI: 10.24031/2226-
0781-2018-8-4-96-157


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Keywords