The legal status of these individuals is not the same. The plaintiff initiates a case in order to protect their rights violated by anyone or protected by law interests, third party comes into play in the event that a decision on the de-lu may affect his legal rights and responsibilities; expert turns out to be involved in process due to the fact that the court issued a ruling on the appointment of the examination and commissioned an expert study to him, the prosecutor takes the case in connection with the need to protect the public interest;
witness is called to court to testify in the case, the defendant appears by the court in connection with a claim, in which he is accused of Unused-nenii their duties.
It is easy to see that all subjects have different interests. On this basis all the participants of the arbitration process can be divided into corresponding groups:
1) the arbitration court (judge) – the body examining and resolving a dispute on the merits; J
2) a person involved in the case – the parties (the plaintiff, the defendant), a third party independent claims on the subject of the dispute, the third person is a not-for independent claims for cnopa; prosecutor, state governmental bodies, local self-government and other bodies, serving in the protection of foreign interests in virtue of their legal functions;
3) persons assisting the course of justice – witnesses, the experts, translators, representatives of the arbitral tribunal.
Norms arbitration law clearly establish guaran-tees of the legal status of each of the members of the arbitration process. The composition of the participants due to the tasks of the arbitration proceedings. The law gives everyone certain rights and obligations in accordance with the purpose of their participation in the process.
What is the composition of the arbitral tribunal may hear the case?
The arbitration court – the main, main and indispensable party to arbitral process. He plays a leading role in the arbitration process, lo, only he can, as a body exercising jurisdiction to consider and resolve the issue of law, jurisdiction of the arbitration court, and taken out of the horse-and sound judgment.
APC sets the differences in the composition of the arbitral tribunal, be regarded as a matter of first instance and the court of arbitration bodies for conducting the appeal, cassation or supervisory produc-tion.
The general rule is the case in bankruptcy court of first instance have been considered individually (Part 1 of Art. 14 APC). An exception is made only for the two types of cases: first, cases of annulment of acts of state authorities, local authorities and other bodies, and secondly, insolvency (bankruptcy) of organizations and individual entrepreneurs. APC needs to examine such cases in the collegiate structure. However, it should be borne in mind that the chairman of the arbitral tribunal may decide to consider any matter collectively.
The principle of collegiality of the arbitral tribunal finds its direct manifestation of the consideration. some cases in the court of first instance, and in all cases of appeal, cassation and supervisory in-stations. Verification of the legality and validity of judgments made only collegiate composition of the court. Violation of this rule was deemed very important.
Typically, the peer review of the case involves the participation of three judges. However, APC has provided the opportunity to participate and more-go (but not necessarily odd) number of judges in the proceedings in the first instance, appeal and cassation instances. The exception is the meeting of the Presidium of the Supreme Arbitration Court of the Russian Federation, which is entitled to be regarded by the protests of the case by way of supervision by a majority (and it can be an even number) of the members of the Bureau (Part 2 of Art. 17 FKZ “On the arbitral courts in the Russian Federation “).
Please be aware that collegiality in the arbitration process is involved in the trial of three or more professional judges. Unlike the civil process of lay judges participate in the arbitration process-tion of the APC does not provide.
Individual actions of a judge in deciding cases or certain of issues in the arbitration process – it acts committed under strict accordance with the established procedural rules. Only in this way can they recognized vatsya committed in the name of the arbitral tribunal. This provision is of fundamental importance. It is no accident violation or incorrect application of procedural rules is in some cases an absolute This is based on a reversal of the decision of the arbitral tribunal (Part 3. 158 APC).