RESOLUTION OF THE PLENUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

of July 23, 2009 No. 57

About some procedural questions of practice of hearing of cases connected with non-execution or improper execution of contractual commitments

On the questions arising in court practice by consideration of the claims of creditors made in connection with non-execution or improper execution of contractual commitments, and also the claims which are intended for recognition of the relevant agreements invalid unconcluded or their change or termination, Arbitration Courts need to proceed from the following.

Owing to provisions of parts 2 and 3 of Article 41 of the Arbitral Procedure Code of the Russian Federation (further - the AIC of the Russian Federation, the Code) persons participating in case shall have honesty all procedural law belonging to them, including timely make counter claims (article 132 of the Code), to declare objections. Abuse of procedural law or non-execution of procedural obligations by persons participating in case attracts the adverse effects provided by the Code for these persons.

According to the provisions provided by part 2 Articles 9, parts 3 and 4 of Article of 65 AIC of the Russian Federation, persons participating in case, about each other arguments proofs on which they refer as to the basis of the requirements and objections, before other persons participating in case also shall reveal the having the right nobility, beforehand, prior to legal proceedings, considering at the same time that they bear risk of approach of effects of making or non-execution of the corresponding legal proceedings by them.

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