INFORMATION LETTER OF PRESIDIUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

of June 18, 2013 No. 159

About procedure for issue of writs of execution on the court resolutions which took legal effect in case of finding of materials in courts of higher instances

Due to the questions arising in court practice concerning application of Articles 318 and 319 of the Arbitral Procedure Code of the Russian Federation regarding impossibility of issue of the first instance of writs of execution by Arbitration Courts on the court resolutions which took legal effect in view of finding of materials of legal cases in courts of higher instances, the Presidium of the Supreme Arbitration Court of the Russian Federation according to article 16 of the Federal constitutional Law "About Arbitration Courts in the Russian Federation" informs Arbitration Courts on the developed recommendations.

1. According to provisions of Articles 318 and 319 of the Arbitral Procedure Code of the Russian Federation court resolutions of Arbitration Courts are subject to execution right after their introduction in legal force.

At the same time according to part 2 of Article 319 of the Arbitral Procedure Code of the Russian Federation the writ of execution based on the court resolution adopted by Arbitration Appeal Court, Arbitration Court of cassation instance or the Supreme Arbitration Court of the Russian Federation is issued by the relevant Arbitration Court considering case in the first instance.

On the practice which developed in system of Arbitration Courts issue of writs of execution is performed by Trial Courts after receipt in court of case from courts of higher instances. Such practice was caused by need of entering into writ of execution of data from the resolutions accepted by courts of higher instances.

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