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

of March 23, 2012 No. 15

About some questions of participation of the prosecutor in arbitral procedure

Due to the questions arising in court practice concerning participation of the prosecutor in arbitral procedure and for the purpose of ensuring uniform approaches to their permission the Plenum of the Supreme Arbitration Court of the Russian Federation based on article 13 of the Federal constitutional Law "About Arbitration Courts in the Russian Federation" decides to make to Arbitration Courts the following explanations.

1. Owing to Item 3 of article 1 of the Federal law "About Prosecutor's Office of the Russian Federation" prosecutors are involved in hearing of cases by Arbitration Courts according to the procedural legislation. Thus, Arbitration Courts in case of determination of powers of the prosecutor according to the appeal to Arbitration Court with the action for declaration (statement) or according to the introduction in the case considered by Arbitration Court should be guided by Article 52 of the Arbitral Procedure Code of the Russian Federation (further - the AIC of the Russian Federation, the Code).

Taking into account part 1 of Article 202 and part of 1 Article of 207 AIC of the Russian Federation as Chapter 25 of the Code does not establish other, powers of the prosecutor on participation in cases on administrative offenses are determined according to the Russian Federation Code of Administrative Offences.

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