The Witte arbitration process (MIEMP) Test1

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Content: Арбитражный процесс Витте (МИЭМП ) Контрольная1.rar 254,8 kB

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Score 95 points.
 Problem number 1
       The newspaper Gorodskaya Vestnik published an article containing information that the general director of the joint-stock company Pirogov is concluding fictitious transactions aimed at evading taxes. The company´s board of directors decided to go to court. However, the views of the directors were divided: some thought that it was necessary to seek protection for the business reputation of a legal entity, others, including Pirogov, insisted on
filing a lawsuit to protect the honor, dignity and business reputation of the CEO. Question: Determine and justify who, with what requirements and to which court you should apply in this case?
Problem number 2
       Determine the form of the judicial act, adopted by the arbitral tribunal, the Supreme Court of the Russian Federation:
1. Based on the results of the consideration of the appeal against the decision of the arbitration court of first instance; 2. Refusal to accept the claim; 3. On providing evidence; 4. About reclamation of property from illegal possession; 5. About cancellation of the decision on bringing to administrative responsibility 6. About award of compensation for violation of the right to legal proceedings within a reasonable time; 7. On approval of the settlement agreement; 8. On taking measures to secure the claim; 9. About restoration of the missed procedural term for appeal with a cassation complaint; 10. On recovery of cash in the amount of 80,000 rubles upon request for mandatory payments; 11. On the satisfaction of the application to challenge the arbitrator; 12. On satisfaction of the cassation appeal by the Judicial Board on Economic Disputes of the Supreme Court of the Russian Federation.
Problem number 3
       The individual entrepreneur filed an application for awarding compensation for violation of the right to legal proceedings within a reasonable time, believing that the consideration of the case by the arbitral tribunal was unreasonably lengthy and taking into account the monthly period for the entry into force of the court decision, was 6 months and 15 days. When reviewing the application, it turned out that the statement of claim of an individual entrepreneur by the court of first instance was initially taken to the proceedings with the case in summary procedure. Subsequently, the court proceeded to the consideration of the case according to the general rules of action proceedings. The individual entrepreneur also indicated that the total duration of the proceedings exceeded three months due to unreasonable procedural actions of the court - untimely involvement of third parties in the case who did not declare independent claims regarding the subject of the dispute, repeated adjournments of the court proceedings and announcement of a break in the court session in the absence of for this need. Questions: 1. According to the rules of jurisdiction, what arbitration court is competent to consider the said application as a court of first instance? 2. What circumstances should be considered by the court when considering an application for awarding compensation for violation of the right to legal proceedings within a reasonable time? 3. What should the court do with the statement of an individual entrepreneur in this case?


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