Legal encyclopedia. The letter a

ARBITRATION CHAIRMAN

- a citizen of the Russian Federation, who has the authority to administer justice when arbitration courts of subjects of the Russian Federation in the first instance are subordinate to them cases arising from civil legal relations.

AZ are brought to consideration of cases on the party's motion, which can be declared before the beginning of the consideration of the case on the merits.

A.Z. take part in the consideration of the case and decision-making on a par with professional judges. In the administration of justice, they enjoy the rights and bear the duties of a judge.

A.Z., participating in the administration of justice, are independent and subject only to the Constitution of the Russian Federation and the law.

AZ can be citizens who have reached the age of 25, with an impeccable reputation, having higher professional education and work experience in the economic, financial, legal,

Managerial or entrepreneurial activity for at least 5 years. AZ can not be:

1) persons who have a conviction that has not been removed or not redeemed in the prescribed manner;

2) persons who committed an act that detracts from the authority of the judiciary;

3) persons recognized as legally incapacitated or having limited legal capacity to enter into legal force a court decision;

4) persons who replace public positions provided for by the Federal Law "On the Principles of the Public Service of the Russian Federation" and other federal laws, as well as persons who replace elective offices in local self-government bodies;

5) prosecutors, servicemen, investigators, lawyers, notaries, persons belonging to the leading and operational staff of the internal affairs agencies of the Russian Federation, the State Fire Service of the Ministry of the Russian Federation for Civil Defense, Emergencies and Elimination of Consequences of Natural Disasters, Federal Security Service Bodies, Control over the circulation of narcotic drugs and psychotropic substances, the customs authorities of the Russian Federation,

Punishment, as well as persons engaged in private detective activity on the basis of a special permit (license);

6) persons registered in narcological or psycho-neurological dispensaries.

A.Z., who first took up his duties, takes an oath in open court.

Lists AZ form the arbitration courts of the constituent entities of the Russian Federation on the basis of proposals for candidacies AZ sent to these courts by chambers of commerce and industry, associations and associations

Entrepreneurs, other public and professional associations.

These lists are presented

Arbitration courts of the subjects of the Russian Federation to the Supreme Arbitration Court of the Russian Federation and approved by the Plenum of the Supreme Arbitration Court of the Russian Federation, and then published in the "Bulletin of the Supreme Arbitration Court of the Russian Federation" or in other mass media.

The number of AZ in the arbitration court of a constituent entity of the Russian Federation is determined from the calculation of not less than two AZ per one judge of the arbitral tribunal considering the case in the first instance.

A.Z. carries out his powers for 2 years. At the end of this period, it can be extended.

If the term of AZ's powers has expired in the course of consideration of the case with his participation, the chairman of the corresponding arbitration court has the right to extend it until the end of the consideration of the case on the merits.

The powers of AZ are suspended in the following cases:

1) presenting charges for the commission of a crime (before the entry into force of a court verdict);

2) inability for health reasons or other valid reasons for a long time (more than 6 months) to perform the duties of arbitration assessor;

3) recognition of an unknown missing court decision, which entered into force.

The powers of AZ stop for such reasons as:

1) expiration of the term of office;

2) termination of citizenship of the Russian Federation;

3) the entry into legal force of the conviction of the court against A.Z. or a court decision on the application of compulsory medical measures to it;

4) entry into legal force of a court decision on limiting the legal capacity of AZ or on recognizing him incompetent;

5) committing an act that detracts from the authority of the judiciary;

6) repeated evasion without valid reasons from the performance of their duties;

7) a written statement by A.Z. on termination of powers for valid reasons;

8) the death of A.Z. or entry into legal force of a court decision declaring him deceased.

A.Z. in proportion to the number of working days during which he participated in the administration of justice, the corresponding arbitration court of the subject of the Russian Federation, at the expense of the federal budget, compensates in the amount of one fourth of the official salary of the judge of this arbitration court, but not less than five times the minimum amount of payment Labor. Travel expenses are also reimbursed to him.