On expediency of joint legal investigation in arbitrage appeal court

The article discusses the debatable questions of procedural theory and law enforcement practicewhen forming the court structure in the arbitrage appeal court. On pages of the legal literature the discussion devoted to the problem ofindividual or joint consideration of appeal complaints to certificates of magistrates in civil legal proceedings is conducted. Having analysedthe current arbitral procedural legislation and judicial opinion, the author comes to a conclusion about the expediency of an individuallegal investigation in the arbitrage appeal court. The article also contains statistical, theoretical and practical substantiation of theauthor's position. The grounded conclusion is that joint consideration of disputes does not attract full remedial judge independence,which exists with dispute consideration in an individual order. Joint consideration of cases of appeal in the arbitration court complicatesthe activity of judges for they not only deal with their own case, but also participate in their colleagues' activities. Another reason forindividual legal investigation in the court of appeal is that the judges of higher instances are assumed to possess a high level of professionalqualification, considerable experience in law (a minimum of seven years), and, hence, to be capable of correct and due check upof the case on its legality and validity within the authority given by the RF Code of Arbitration Procedure. Besides, legal investigation inarbitration court may consist in separate categories of disputes that have uniform decisions and present no difficulty in considerationboth at the first instance court and in the court of appeal. According to the author, fixing the norm of individual legal proceeding as appealproceeding in the arbitration remedial legislation (except bankruptcy cases and cases for revising brought to the arbitration appealcourt with instructions of joint consideration) allows accelerating the process of justice exercise without decreasing the qualitative characteristicsof cases tried in the court of appeal.

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