Complexity of the case and a significant number of participants in the arbitration proceeding as a basisfor extending procedural term review of the case in the arbitration court of appeal
The questions of referring to cases as difficult consideredin the arbitration court of appeal are considered, and also the concept analysis of the considerable number of participants of arbitrationprocess is carried out. Definition of these concepts is extremely important, because by using them the Chairperson of the ArbitrationCourt of Appeal will solve the question on extending the term of the procedure on appeal. The introduction of the legislator in the APCRF changes in setting of the extension of the statutory term on appeal and the absence of their application allows us to speak about therelevance of the chosen theme. The author concludes that the category of complexity of the case should be considered in several aspects,each having independent value in the process, given judicial discretion in resolving the issue of assigning the case to the category.Among its features is the order of the case procedure, the presence of two or more appeals on the contested judicial act, numerous petitions,the lack of established legal practice in arbitration courts of appeal and arbitration courts of higher instances of a certain categoryof cases or individual cases. The article attempts to formulate a legal definition of the complexity of the case. A particular complexity ofthe case should be understood as a degree of difficulty of its resolution, due to objective factors affecting the duration of its considerationby the court. Besides, an attempt to define the category of a considerable number of participants of arbitration process is undertaken.Considerable is recognized as such a quantity of participants of arbitration process which will not allow to consider the appealcomplaint (appeal complaints) on the case in due time, within the term established by the remedial law. The author also points out theconflict of norms of Part 4, Article 17 of the APC RF, Part 1, Article 266 of the APC RF, norm of Part 2, Article 267 of the APC RF,which is a way to resolve changes to the rules of Part 2, Article 267 of the APC RF. Making the proposed changes set out in this mannerwill avoid, firstly, the contradictions of procedural rules, and, secondly, additional changes in the provision of the composition of thecourt hearing the case on the appeal right to appeal such statements.
Keywords
апелляция, арбитражный суд, сложность дела, значительное число участников арбитражного процесса, appeal, court of arbitration, complexity of case, significant number of participants in arbitration processAuthors
| Name | Organization | |
| Ivashchenko Anastasia P. | Tomsk State University | ana123456@yandex.ru |
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