Examination, Arbitration process. The number 4 (KnAGTU)

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Uploaded: 10.04.2016
Content: АП Контрольная работа-В4__.zip (55,59 kB)
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Description

2016 of writing
Work contains:
Theoretical question, 4 tasks, the statement of claim for the offered situation, the list of the used sources.
Теор.вопрос: Features of legal proceedings in arbitration courts on cases of award of compensation for violation of the right for legal proceedings in the reasonable time or the rights for performance of the judicial act in reasonable time.
TASK 1:1. Specify what of following arbitration courts, in what procedural order and in what structure revise the judicial acts which have entered into force:
a) Supreme Arbitration Court of the Russian Federation;
b) Federal arbitration court of the Far East federal district;
c) Sixth arbitration appellate court;
d) Arbitration court of Khabarovsk Krai.
TASK 2: The claimant – JSC T - has appealed to Arbitration court of the Saratov region with the claim to the defendant – JSC S - with the requirement about cancellation of the contract of delivery and collecting losses.
Define what action the court in case has to make:
a) the claimant hasn´t observed the pre-judicial order of settlement of dispute established to Art. 452 by the Civil Code of the Russian Federation;
b) the claimant hasn´t attached the documents confirming the fact of observance of a pre-judicial order of settlement of dispute;
c) the defendant hasn´t presented a response on the statement of claim.
TASK 3: Whether the following circumstances are the basis for leaving of the appeal complaint without the movement:
- the direction of the appeal complaint directly in court of the court of appeal;
- absence in the text of the appeal complaint of references on rule of law according to which the applicant considers a judgment of the first instance illegal and (or) unreasonable;
- the annex to the appeal complaint of the copy of the payment order about payment of the state tax, the confirmed seal of the organization making the complaint;
- not the annex to the appeal complaint of the documents confirming powers of the CEO of the organization who has signed the complaint;
- not the annex to the appeal complaint of the power of attorney of the representative who has signed the complaint if this power of attorney (her copy) is available in case papers;
- the annex to the appeal complaint of the copy of the appealed decision which isn´t certified by the arbitration court which has taken out him;
- the annex to the appeal complaint of copies of post receipts on the direction of the copy of the appeal complaint to the persons participating in business;
- the annex to the appeal complaint as confirmation of the direction of her copies to the persons participating in business, the copy of the appeal complaint with a mark about delivery in the form of a stamp with the indication of the entering number and the signature of the accepted her face without interpretation of the signature and without indication of a position;
- submission of the appeal complaint after term to the appeal appeal.
TASK 4: The appeal has been made about the decision of arbitration court of the first instance which has granted the application of Ltd company for recognition invalid decisions of IFTS of Russia No. 10 on involvement of Ltd company to tax responsibility. When considering the case in court of cassation instance of IFTS I have filed a petition for falsification of proofs – the invoices exposed by contractors of society.
In court of the first and appeal instances of IFTS I didn´t declare falsification of proofs. FAS of the district has cancelled the decision of arbitration court of the first instance and the resolution of arbitration court of the court of appeal by which the challenged decision is upheld, and has sent business for new consideration in arbitration court of the first instance.
Give an assessment to actions of court of cassation instance.
ON DRAWING UP the CLAIM: To prepare текс the statement of claim for the offered and below-specified situation, to define jurisdiction (corr

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