Assessors will remove from a hall
YOU expands power of courts
Yesterday the Supreme Arbitration Court (YOU) has considered the bill of modification of institute of arbitration assessors. The initiative reduces YOU to a minimum influence of arbitration assessors on process of consideration of actions of proceeding in the first instance. If the bill is accepted, the parties will lose possibility independently to appoint assessors. It will do for them court. According to YOU, such measure will help to solve a problem of an artificial tightening of judicial disputes.
YOU has decided to strengthen a position of judges at the expense of the status of arbitration assessors (arbitrators are not professional judges, it is the people having authority on this or that field of activity). Under the current legislation the arguing parties can declare the petition for participation in business of arbitrators and choose the candidates from the list, confirmed YOU. This norm has been accepted in 2001 with a view of democratisation of the Russian judicial system and its conformity to the international norms. Yesterday YOU has come to a conclusion that the institute of arbitration assessors has not justified itself and only promotes that the parties use arbitrators with a view of an artificial tightening of disputes and pressure upon judges.
the bill “ suggests to choose arbitration assessors in an order excluding influence on formation of judicial structure of persons, interested in a proceeding outcome “. That is now arbitrators will be chosen by the not arguing parties, and courts. Besides, the circle of the reasons (for example, a long absence of the assessor in view of illness) on which tap can be declared the assessor suggests to expand YOU or occur its replacement.
contrary to expectations, the bill has not caused yesterday fierce disputes at presidium YOU. Only at the very beginning of session the opinion that independence of courts in a choice of assessors can lead to that arbitrators will simply has sounded - naprosto gradually to be distributed between judges. On what the chairman YOU Anton Ivanov has noticed that it “ has thought of rotation mechanisms, methods of casual sample of arbitrators “. The remark that then affairs will consider the experts who are not concerning a subject of dispute, remains without attention. A part of judges have supported refusal of institute of arbitration assessors. “ but if now we introduce such bill in the State Duma, us will not support, the substantiations confirming such necessity " are necessary; - Anton Ivanov has told.
according to experts, actions YOU are quite explainable. “ in practice, as a rule, the parties try to influence a position of the arbitration assessor to its statement court “ - the head of arbitration group of legal firm " speaks; Vegas - Leks “ Andrey Korelsky. However, in its opinion, YOU, pursuing the good aim, interferes in sphere of constitutional laws of citizens and the organisations on judicial protection. According to the legal adviser of legal firm “ Private law “ Dianas Gusevoj, the institute of arbitration assessors is insufficiently effective today. “ it really tool of a tightening of economic disputes “ - she speaks.