Article-by-Article Commentary to the Arbitration Procedure Code of the Russian Federation (Chapter 28.1)

Abstract

This article is the author’s text of the article-by-article commentary to the Arbitration Procedure Code of the Russian Federation, which has not been previously published in the legal literature. It takes into account the latest changes in procedural legislation, including on the delimitation of jurisdiction over corporate disputes between arbitration courts and courts of general jurisdiction, conciliation in corporate disputes and their arbitrability, notifying participants in a corporate dispute about litigation in such a dispute and determining the procedural status of participants in a corporate dispute. The authors from the standpoint of the modern doctrine of the civil law process interpret the articles of Chapter 28.1 of the Arbitration Procedure Code of the Russian Federation, which regulate the consideration of cases by arbitration courts on corporate disputes. The content of the commented norms is revealed in their relationship with other norms of the APC RF, provisions of other federal laws and current legal positions of the Supreme Arbitration Court of the Russian Federation, the Supreme Court of the Russian Federation. The allocation by the legislator of the procedure for considering corporate disputes in a separate chapter of the APC of the Russian Federation is due to the nature of the disputed material legal relations and the task of considering such cases using procedural features that make it possible to better ensure the observance and protection of the rights and legitimate interests of participants in a corporate dispute. These procedural features are established by the legislator in terms of determining the competence of arbitration courts to consider corporate disputes, requirements for a statement of claim (statement) in a corporate dispute, providing access to information about a corporate dispute, conciliation in a corporate dispute, application of interim measures, time limits for performing certain procedural actions, including time limits for appealing judicial acts, composition of court costs, grounds for imposition and amounts of court fines. These features are disclosed by the authors during commenting on the relevant provisions of the law.