Выбор компетентного суда как предпосылка права на обращение в арбитражный суд

Abstract

The choice of a court whose competence includes the consideration of an economic dispute is one of the prerequisites, in the presence of which the subjects of business relations are granted judicial protection. The purpose of this study is to establish general and additional criteria by which the competent court is determined. As a result of the conducted research, it was found that in connection with the adoption of Federal Law No. 451-FZ dated 28.11.2018 "On Amendments to Certain Legislative Acts of the Russian Federation", the concept of jurisdiction was excluded from the agro-industrial Complex of the Russian Federation. Chapter 4 of the APC RF on competence contains rules defining the general and special competence of the arbitration court. The rules on general competence contain the main and additional criteria for the competence of the arbitration court. The rules on special competence determine the jurisdiction of an economic dispute. To achieve this goal, the views of scientists on the criteria for attributing an economic dispute to the jurisdiction of an arbitration court have been studied. The article analyzes the amendments made in 2019 to the Arbitration Procedure Code of the Russian Federation, the legal positions of the Supreme Court of the Russian Federation and the Supreme Arbitration Court regarding the competence of the arbitration court, the practice of the arbitration courts of the Russian Federation. As a result of the conducted research, it was found that in connection with the adoption of Federal Law No. 451-FZ dated 28.11.2018 "On Amendments to Certain Legislative Acts of the Russian Federation", the concept of jurisdiction was excluded from the agro-industrial Complex of the Russian Federation. Chapter 4 of the APC RF on competence contains rules defining the general and special competence of the arbitration court. The rules on general competence contain the main and additional criteria for the competence of the arbitration court. The rules on special competence determine the jurisdiction of an economic dispute.