St. 150 APC RF. Grounds for termination of the proceedings

Article 150 APC RF (new version) defines the grounds for termination of the proceedings. Analysis of materials shows that this rule is used by instances authorized by consideration of economic disputes, often enough. Meanwhile, there are a number of nuances, subject to detailed consideration, since they cause certain problems in practice.

Common ground

They are installed in the Part 1 of article 150 APC RF. The arbitration shall terminate the proceedings under the following circumstances:

1. The Case cannot be considered in this instance.
2. A judicial act rendered in proceedings between the same subjects on the same subject of arbitration, authority of General jurisdiction or the relevant body of a foreign state in effect. With the exception of cases when the execution of the decision of the foreign court was denied.
3. There is a decision of the arbitration court taken on the same subject, the conflict between the same parties and on the same grounds. The exception is a situation when the arbitration will be denied the issuance or enforcement of, or the decision reversed.
4. Claimant refused the demands, and the refusal by the instance.
5. A legal entity acting in the proceedings as one of the parties, has been eliminated.
6. Citizen, who was a party to the dispute, has died, and the law does not allow in the case of succession.
7. There Are reasons stipulated in article 194 (part 7) of the Code.

Part 2 of article 150 APC RF it is established that the proceedings shall be terminated upon approval of the settlement agreement. The legislation can envisage other circumstances.

St. 150 APC RF with comments

It may not be subject to review in court on a number of grounds. In particular, the p. 1 of article 150 APC RF applies in the event that the dispute is outside the purview of this body. For example, the production of recognition Executive orders inconsistent with the constitutional provisions, should be discontinued, as it is run by the COP. The dispute on the recognition of lease agreements for agricultural land to be invalid in fact is a territorial conflict between the two regions, which arose in connection with the adoption of the acts on changing the boundaries. This case resolved in accordance with article 67 (part 3), podp. "and", part one of article 102 of the Constitution.

Recommended

Calculation and payment of sick leave

Sick Pay provided by the legislation of the Russian Federation, in particular TC and FZ No. 255. In addition, some rules are governed by the provisions of the civil code. Any employee upon the occurrence of a certain disease should contact a health f...

Employee certification for compliance with the post: purpose, procedure, result

Employers perceive the order of certification of employees as a formality. Regulations intended for commercial organizations, were not issued. Certification is required only for employees of the organizations designated in the laws of the spheres, le...

Registration of vehicle: procedure, sample application, certificate

Every person who buys a car needs to do its registration in the traffic police. It is necessary when purchasing new or used cars, as well as no matter whether the seller of natural persons or legal entities. Check the vehicle is in the traffic police...

Exceptions

Production is not terminated, but the court accepts the statement on the case involving a foreign entity if an international Treaty having priority to domestic legislation include provisions establishing jurisdiction. In particular, consider Article 150 APC RF (with latest amendments) was applied to the dispute, which had been based on the relations connected with international transport of goods. As a result, were subject to the Geneva Convention of 19.05.1956.

Right to appeal

Within the Article 150 APC RF, the court practice shows that the decision to cease production is often taken after ascertaining the applicant has the legal capacity to sue, and the defendant – an appropriate immunity. To the mentioned cases include the following. In accordance with the provisions of article 52 of the code of arbitration directs the Prosecutor of the region or his Deputy. The same right is granted and equivalent officials. While unable to direct the district attorney and his Deputy the arbitration associated with challenging the decision of the management body about bringing legal entities to administrative responsibility. Accordingly, such an application should be dismissed.

Tax disputes

In connection with the definition contained in article 11 NK the definition of a foreign organization at the same time and covers itself a legal entity, and its entities created on the territory of Russia, the latter are recognized as taxpayers. On them under article 19 of the tax code, may be required to pay the corresponding amounts in the budget, and responsibility for offenses in the cases provided for in Chapter 16. As taxpayers, these entities, in accordance with article 137 of the tax code, may appeal the decision of the monitoring bodies non-normative nature, inaction/behaviour, if, in their opinion, this violated their interests. Consequently, production in such cases may not be discontinued, based on the Article 150 APC RF. In turn, the tax inspection can bring a claim against the buyer and the seller with the requirement to nullify the contract concluded between them, and charge in favor of the state income received as a result of illegal compensation from the budget of tax amounts. In this case, also Article 150 APC RF cannot be used.

Dispute

The Legal assessment of the inaction/action of the person can be carried out during the trial together with other circumstances essential for his permission, but not their own. In particular, if an individual entrepreneur applies to the court to recognize him as a bona fide draweraccording to the rules of establishment of the fact having legal value, production will be discontinued under the rule.

Challenging acts

Do Not use articles in the case of recognition of a legal document invalid only on the basis of the fact of loss of his power. Discontinuance of Article 150 APC RF is in this case only after establishing that the impugned act, canceled or expired, did not violate the legitimate rights and interests of the applicant. Even if the regulation to be made public, were not published, but was regarded by stakeholders as having the force, gave rise to legal effects and was appealed, the statement declared void shall be considered on the merits. The conclusion of the court must be present in the operative part of the resolution. The stated requirements should be considered regardless of the expiry of non-normative act of the Commission of officials of procedures aimed at the satisfaction of the claims of the plaintiff. If in the course of proceedings regarding recognition of such a document is invalid, it is determined that it is normative, the proceedings shall be terminated according to the rules Article 150 APC RF if his appeal is not provided by Federal laws. The definition shall specify the grounds upon which the responsible court came to that conclusion.

An Identity of claims

W. 2 of article 150 APC RF sets up the possibility of cessation of production only in those cases where the right to protection was previously implemented during the process in accordance with the principles of equality and competition of parties. This provision is aimed at preventing proceedings for identical claims. It cannot be regarded as violating freedom and human rights.

Important

St. 150, 151 APC RF, providing the basis and rules for the termination of proceedings involving the same subjects, with reference to the definition of the instance of General jurisdiction on the completion of the proceedings in connection with refusal of the claimant from the claim, cannot be considered contrary to the norms of 118, 47 and 46 of the Constitution. This is because the right of a person is based on the principle of optionality. And he, in turn, refers to the fundamental principles of civil proceedings. Accordingly, the provisions which set this right, in particular, prescribing to discontinue the proceedings if the claimant has refused the requirements can not be regarded as violating the constitutional freedoms and interests of the applicant, described in the complaint. Here it is necessary to note the next time. The court is entitled not to accept refusal of the claim, referring only to the fact that it violates the right of the owner of the disputed material values – the subject of the Russian Federation and is obliged to discontinue the proceedings on the grounds specified in the fourth paragraph of article 150 of agrarian and industrial complex. If a hearing is scheduled in a simplified manner and thereafter the plaintiff filed the corresponding petition, it is examined in accordance with the provisions of article 227 subject to article 49 (part 5). Partial failure does not entail the termination of the proceedings throughout the case.

The liquidation of the organization

This procedure acts as a further ground for the cessation of production. This provision cannot be regarded as violating the interests and rights of individuals, as in the absence of one of the participants is impossible to make a decision as to its responsibilities and legal options. The liquidation of the organization is confirmed by the certificate of incorporation. Termination of proceedings in this case does not entail the transfer of duties and rights in order of succession. In this regard, subject to completion and review proceedings. However, according to the practice YOU recognition of decisions on the state registration of persons is void in itself does not indicate the termination of legal capacity. It does not act as grounds to consider the transactions made up to this point as insignificant. Accordingly, it shall not terminate the proceedings under article 150 APC.

Explanations

With the elimination of one of the participants in the case, for example, when the invalidation of the contract of assignment, the production must be stopped completely. This is because the procedure involves the completion of the organization's activities without the transfer of duties and rights to other persons according to the rules of succession. The elimination of the municipal authority, acting as the defendant, shall result in termination of the case on section 5 of this rule. In this case the rule similar to the one above.

If a foreign company, as a party to the case, the proceedings which were carried out by the arbitration court, was temporarily excluded from the register, and its shareholders do not notify the court presiding over the dispute about cancellation of the decision of this body should consider those circumstances.

The Elimination of one of the parties to the agreement on the joint construction of residential buildings is not an obstacle to resolution of the merits of the claim of the equity holder-PI on the recognition of the nullity of individual points of the document, which have been adjusted in this agreement. This should be done one condition. In accordance with the agreement on jointactivities of the company, subsequently liquidated, must be given all the rights and functions of customer-Builder to another person. Be aware that the right of claim given to the holders, corresponds to the obligation of the Builder-customer. On it rests the organization of construction of buildings, disposal of funds allocated for the financing of capital investment, material means, which are accepted for the balance. In this case, the cessation of production will create obstacles to protect legitimate rights and interests of shareholders.

The Death of a citizen

In case of death of the owner, acting as parties to the proceedings, the law provides for succession. However, its implementation is the subject of the dispute should not touch the rights of a personal nature. In accordance with the civil code and other regulations, their transition to other persons is not allowed. Among such rights, among other things, includes the legal ability to conduct business. If the subject of the dispute concerns the personal rights of the citizen, the proceedings shall be terminated according to paragraph 6 of this rule.

Details

The termination of the case at the stage of preparation, in the preliminary hearing, if the grounds stands the settlement agreement, is not allowed. In the agreement it is stated in the framework of the hearing. It must respect the rules of article 141 of the Code. Only after that the proceedings terminated in accordance with part 2 of article 150 APC RF. It is necessary to consider a caveat. Termination of proceedings in connection with the approval of the settlement agreement will be considered illegal if you are not sure concerning the credentials of the signatories.