Theses
11th September
The Role of Arbitration Courts in the Judicial System of the Russian Federation
Reporter: Igor A. Drozdov,
The Chief of the Secretariat for Chairman of the Higher Arbitrazh Court of the Russian Federation.

In accordance with the Federal constitutional statute “On the Judicial System of the Russian Federation” Russia established an integrated judicial system, which includes arbitration courts enjoying the status of federal courts.

Arbitration courts of the Russian Federation were established in accordance with the Constitution of the Russian Federation and respective federal constitutional statute and administer justice in relation to entrepreneurial and other economic activity by means of settling economic disputes and considering other cases within their scope of reference as stipulated by the Arbitration procedural code of the Russian Federation and other federal laws.

Organizationally, the structure of federal arbitration courts system comprises four tiers:
  • First instance courts in republics, krays, oblasties, federal status cities, autonomous oblasties, autonomous districts (hereafter they will be referred to as “arbitration courts of the subjects of the Russian Federation”);
  • Appellate arbitration courts;
  • Federal district arbitration courts;
  • High Arbitration Court of the Russian Federation.

Arbitration courts of the subjects of the Russian Federation that consider first instance cases constitute the first tier of the system. Their total amount in Russia is 82.

Appellate arbitration courts compose the second tier. In 2003 Federal constitutional statute “On the introduction of amendments to the Federal constitutional law “About the Arbitration Courts of the Russian Federation”” that provided for gradual development of 20 appellate arbitration courts in the arbitration courts system. Appellate arbitration courts conduct overall review of cases on the basis of petitions of appeal related to the decisions of the first instance courts decisions that have not yet come into legal force. As of today, there are 7 appellate arbitration courts performing their duties in Moscow (appellate courts of Moscow and Moscow oblast), Saint-Petersburg, Kirov, Voronezh and Perm. Work is underway to ensure conditions for the operation of yet another 13 appellate courts.

The third tier includes 10 federal district arbitration courts. Cassation arbitration courts verify the legality of judicial acts passed by the courts of first instance as well as by those of appeal from the point of accurate application of norms of material and procedural law. Cassation review of cases in the system of arbitration courts enjoys an independent position both in terms of procedure and organization as they play double role acting both as third-tier courts and as individual judicial bodies – district arbitration courts. Federal district arbitration courts are not bound by administrative-territorial division and are therefore safeguarded from the pressure local authorities may exert, which is the essential guarantee of the independence of the judicial system as well as of justice being administered.

The fourth tier is represented by the High Arbitration Court of the Russian Federation that is a state body heading one of the branches of national judiciary. Alongside with the Constitutional and Supreme Courts, High Arbitration Court is part of Russia’s integrated judicial system. Under the Constitution is the supreme judicial authority in settling economic disputes and other cases considered by arbitration courts; it supervises the activities of the arbitration courts in given forms and gives clarifications on the issues of judicial practice.