Arbitration court of the Irkutsk region

History of creation of Arbitration court of the Irkutsk region

Formation of a system of State arbitration in the Irkutsk province belongs to the beginning of the 20th years that was caused by economic need. So, in 1921 in Irkutsk there are trade artels, a number of the enterprises is transferred to complete hozrastcht.

In 1923 831 trade enterprises, 233 cooperatives and 3632 private enterprises worked in the province, from 114 industrial institutions 73 plants and factories worked.

The resolution of Presidium of Executive committee of the Irkutsk province of Council of working, country and Red Army deputies from January 12, 1924 formed the Irkutsk provincial arbitration commission. The chairman and 5 members from the largest enterprises, the organizations and organizations of the province were its part. In 1926 positions of the secretary and the consultant were entered. The first members of the Irkutsk provincial arbitration commission were: the chairman - t. Sentsov (Irkubispolk), in 1926 him replaced t. Shapkin; members: from the Irkutsk department of Bakery product - t. Cotton velvet, from utility department of Irgubispolkom - t. Losevich, from Lenzoloto - t. Kraukle, from the State Bank - t. Mironov.

In 1930-31 the East Siberian edge arbitration commission headed t. Preferansov L. L. (the member of Presidium Krayplana), his deputy was t. Pozan N., members of the commission: from presidium of the Irkutsk Executive Committee of the City Soviet of People's Deputies - t. Izvoshchikov, from board of Edge Land management - t. Dvoryanov, from Lestrest - t. Vasilyev, t. Smolkin (director of pimokatny factory), t. To idleness (director of shoe factory), t. Konoshenok.

Arbitration commissions were abolished by the resolution of the CEC and SNK of March 4, 1931, and it provided jurisdiction of disputes between the organizations to judicial authorities, and it is entrusted to governments of federal republics to set cognizance of affairs and to develop a transmission order them from arbitration commissions in the relevant courts.

The resolution provided that by hearing of cases employees of economic organizations participate in judicial authorities between the enterprises. Afterwards this provision is reviewed as it is recognized as reasonable to refrain from transfer of these affairs to judicial authorities and to form the system of state arbitration. On May 3, 1931 the CEC and SNK USSR approved Regulations on State arbitration where it was noted that the System of arbitration "is established for permission of receivership proceeding between organizations, the enterprises and the organizations of the socialized sector in the direction providing strengthening of a planned and agreement discipline and cost accounting". On May 30, 1931 State arbitration at SNK RSFSR was founded.

In 1931 the East Siberian edge State Arbitration was headed by Sorvachev, Preferansov, Pozan, members of arbitration were his deputies: Koropotnitsky (Krayplan), Kogan (Financial institute), Beck (Vostsibles), Basov (Ogiz), Mekheev (Okhotrybaksoyuz), Kotelnikova (member VSKIKA). In 1932 the structure was complemented with seven more members: Murashchenko (Vostsibugol), Altshuller (Skotovodtrest), Tolstoukhov (Kraykolkhozsoyuz), Konoshenok (Management of Commercial bank), Milstein (Management of Vsekrmbank), Okladnikov (TsES).

In 1935 work of the System of arbitration in the region headed t. Saprykin. The first half of the 30th years was the heaviest in activity of the East Siberian edge State arbitration. The state in 1935 was approved in number of 11 people, and there was no position of the permanent arbitrator (they were coming and worked, as a rule, part-time, receiving 30 rubles for a meeting), only in June, 1935 3 positions of permanent arbitrators which conducted the main work were entered (them about 80% of affairs understood).

In days of the Great Patriotic War the volume of work was reduced (11584 affairs in 1943) and states are reduced up to 4 people.

But in 1944 the Regional executive committee specified that "on expansion of practice of issue of orders along with solutions, manifestation of an initiative in initiation of proceedings and directed by questions before executive committee, is taken active part in the conclusion of economic agreements for 1944".

During the period since 1939 positions of the Chief State arbitrator at the Irkutsk regional executive committee were held: 1939 – Ulyanov V. V. 9/29/39 - 8/28/43 – Smiths of T. M. of 8/28/43 – 2/24/53 – Barzman M.M.; 2/24/53 – 5/19/55 – Shabalin I.I.; 5/19/55 – 2/15/57 – Serdyukov P. P.; 2/15/57 – 4/2/58 – Gnedich S.S.; 4/2/58 – there are no data – Gimelstein N.G., Goncharov V.M., Amosov S.M.

After adoption of the Constitution of 1977 the arbitration was recognized by the constitutional body. Its activity began to be defined by the Law "About State Arbitration of the USSR". The Irkutsk system of arbitration began to hereinafter be referred to as State arbitration at Executive committee of the Irkutsk regional council of People's Deputies.

Till 1991 its functions, tasks, subordination did not change. In 1991 the subordination of the system of arbitration changed. On the basis of the Decree of the President of RSFSR No. 75 of 8/22/91 "About some issues of activity of executive authorities in RSFSR" the Executive committee of the Irkutsk regional council of People's Deputies the solution of 9/30/91 No. 336 stopped the activity and transferred the functions to management of Administration of the Irkutsk region. State arbitration began to carry out the work at Administration of the Irkutsk region.

With the entry of the country during formation of the market relations there was a question of creation of such independent judicial system which would specialize in resolution of economic disputes between the independent economic enterprises and the organizations. Such system was created by the Law of RSFSR "About Arbitration Court" adopted on July 4, 1991. Its tasks were formulated as follows: implementation of judicial authority at the dispute resolution, following from civil legal relationship (economic disputes) and from legal relationship in the field of management (disputes in the field of management); protection of the rights and interests of the organizations and citizens; uniform and correct application of the legislation.

The organization, order of activity of arbitration court began to be defined by the Arbitration procedural code of the Russian Federation adopted 3/5/92 and which is put into operation since 4/15/92 (The resolution of the Supreme Council of the Russian Federation of 3/5/92 No. 2447/1-1).

According to the Law of the Russian Federation of 6/24/92. "About making changes and additions in the Law of RSFSR "About Arbitration Court" and the resolution of the Supreme Council of the Russian Federation of 7/2/92 No. 3173-1 the Irkutsk system of arbitration was abolished and on its basis the Arbitration court of the Irkutsk region with subordination to the Supreme Arbitration Court of the Russian Federation is created.