The Russian judicial system

The Russian judicial system

The Russian judicial system consists of the Constitutional Court, the courts of general jurisdiction, and the state arbitrazh (commercial) courts.

The Constitutional Court generally resolves issues relating to the compliance of federal and regional laws and regulations with the Russian Constitution. Courts of general jurisdiction hear criminal cases, civil disputes between individuals, and disputes arising from administrative relationships between individuals and state bodies. Disputes regarding business activity are heard before the state arbitrazh courts.

State Arbitrazh Courts

The name "arbitrazh court" is not related to arbitration tribunals but originates from an old Soviet tradition, whereby disputes between state enterprises were heard before the so-called "State Arbitrazh."

The procedural rules applicable in the Russian arbitrazh courts are based on the general principles of procedural law adopted in continental Europe, i.e. the procedure is inquisitorial and not adversarial as in common law jurisdictions.

However, the new Arbitrazh Procedural Code (the Code), adopted in July 2002, made this procedure more adversarial by limiting the abilities of the courts to collect evidence independently from the parties. The Code supersedes the previous procedural statute that was issued in 1995, and sets out in more detail the day-to-day functioning and procedures of arbitrazh courts; these issues previously having been dealt with by judges at their own discretion. With the adoption of the Code, some changes regarding the competence of arbitrazh courts have been made. For example, some types of disputes involving individuals must now be resolved by arbitrazh courts rather than courts of general jurisdiction as was previously the case.

Russian Arbitrazh Courts have an important advantage: the trial period in these courts is relatively short. Under current regulations, courts must consider cases within three months of receipt of the petitioner’s application.