Free Affidavit - District Court of Delaware - Delaware

Case 1:04-cv-01482-GMS

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CIVIL PROCEDURAL CODE OF THE RUSSIAN FEDERATION NO. 138- FZ OF NOVEMBER 14 , 2002

(with the Amendments and Additions of June 30 , 2003 June 7 , July 28 , November 2 , December 29 , 2004)
Article 6. Equality of All Before the Law and the Court Justice on the civil cases shall be administered on the principles of equality before the law and the court of all the citizens, irrespective of their sex , race and nationality, of the language, the origin and the property or the official status, of their place of residence, of their relation to religion and convictions, affiliation to public associations and other circumstances, and all organizations , regardless of their legal organizational form , their form of ownership and of their location , their subordination and other circumstances.

Article 8. Independence of Judges
only to the

1. When administering justice , the judges are independent and Constitution of the Russian Federation and to federal law.

are

subordinate

2. The judges shall consider and resolve civil cases under the conditions , excluding alien impact exerted over them. Any interference in the activity of judges involved in the administration of justice is prohibited and entails the responsibility established by law. 3. The guarantees of the judges ' independence are established by the Constitution

of the Russian Federation.
Article 22. Referring Civil Cases to the Jurisdiction of the Courts 1. The courts shall consider and resolve: 1) contentious cases with the participation of citizens and organizations, of state power bodies and local self- government bodies on the protection of the violated or disputed rights , freedoms and lawful interests, in the disputes arising from civil , family, labour , housing, land, ecological and other legal relations; 2) cases on the demands mentioned in Article 122 of the present Code which are resolved in accordance with the warrant proceedings;
3) cases arising from public legal relations, and those enumerated in

Article 245

the present Code;

Article 262 of the present Code; 5) cases on disputing the decisions of tribunals and those on the issue of writs of execution for a forcible execution of the tribunals ' decisions; 6) cases on the acknowledgement and execution of the decisions of foreign courts and of those of foreign arbitrage. 2. The courts shall consider and resolve the cases with the participation of foreign citizens , of stateless persons , of foreign organizations and of organizations with foreign investments , as well as of international organizations. 3. The courts shall consider and resolve the cases envisaged in the first and in second part of the present Article , with the exception of economic disputes and of the other cases referred by the federal constitutional law and by the federal law to the jurisdiction of the arbitrazh courts. 4. When filing to the court an application containing several interconnected claims some of which are referred to the competence of a court of general jurisdiction and others to that of an arbitrazh court, while it is impossible to set the claims apart, the case is subject to the consideration and to the resolution in a court of general jurisdiction. If it is possible to set the claims apart , the judge shall issue a ruling on
4) cases of special procedure indicated in

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the acceptance of the claims , falling within the competence of a court of general jurisdiction , and on the refusal to accept the claims falling under the jurisdiction of an arbitrazh court.

Article 35. Rights and Duties of the Persons Taking Part in the Case

1. The persons taking part in the case have the right to get acquainted with the

materials of the case , to take excerpts from them and take copies, file recusations supply proofs and participate in their investigation , put questions to the other persons taking part in the case , to witnesses , experts and specialists; to lodge petitions,
including for the supply of proof on demand; to furnish explanations to the court , orally and in writing; to advance their arguments on all issues arising in the course of legal proceedings , to raise objections against the petitions and arguments of the other persons participating in the case; to lodge appeals against the judicial decisions and to
exercise the other

procedural rights granted
part

by the

procedure. The persons taking

in the case shall conscientiously exercise all

legislation on the civil

legal

procedural rights, belonging to them. 2. The persons participating in the case shall discharge the procedural duties established in the present Code and other federal laws. The failure to discharge the procedural duties shall entail the consequences envisaged in the legislation on the civil legal procedure.

Article 56. Duty of Proving

1. Each party shall prove those facts to which it refers as to the grounds for its claims and objections, unless otherwise provided by federal law. 2. The court shall determine what facts are of importance for the case and which party is obliged to prove them , and shall submit these facts for discussion , even if the parties have not referred to some of them.
Article 57. Presentation and Reclamation of the evidence 1. The evidence shall be supplied by the parties and other persons participating in

the case. The court has the right to suggest that they supply additional proof. If it is difficult for these persons to supply the necessary proof the court shall render them
assistance at their petition in the collection and the reclamation of proof. 2. In the petition for the reclamation of proof shall be designated the proof and shall

be indicated what particular

facts of importance for the

correct consideration and

resolution of the case may be confirmed or refuted by this proof; the reasons interfering with the receipt of the proof shall also be pointed out and the place where the proof is shall be indicated. The court shall issue an inquiry to the party for obtaining the proof, or shall inquire for the proof directly. The person at whose disposal the proof inquired after by the court is shall forward it to the court , or shall put it into the hands of the person possessing the relevant inquiry for submitting it to the court. 3. The official persons or the citizens for whom it is impossible to submit the proof inquired after , in general or to supply it within the time term fixed by the court shall notify to this effect the court in the course of five days as from the day of receiving the inquiry, with an indication of the reasons behind this. If they fail to notify the court , and also if they do not comply with the demand of the court to furnish the proof due to the reasons recognized by the court as invalid , upon the guilty official persons and citizens who are not participants in the case shall be imposed a fine - upon the official persons in the amount of up to ten minimum waqes established by federal law , and upon citizens, of up to five minimum monthly wages established by federal law. 4. Imposing a fine shall not release the corresponding official persons and citizens possessing proof inquired after from the duty to present it to the court.

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Article 70. Duties and Rights of a Witness 1. The person summoned as a witness is obliged to appear in court at the appointed time and to give truthful evidence. The witness may be interrogated by the

court at the place of his stay if he is in no condition to come to the court summons
because of illness, old age , invalidity and other valid reasons.

2. The witness shall bear the responsibility stipulated in the

Criminal Code of the
to give

Russian Federation for giving deliberately false evidence and for the refusal

evidence on motives not envisaged by federal law. 3. The witness has the right to the recompense of the outlays involved in the summons to the court , and to the receipt of a monetary compensation in connection with the loss of time.
Article 85. Expert's Duties and Rights 1. An expert is obliged to accept for the procedure the expertise entrusted to him by
the court , and to carry out an exhaustive study of

all the submitted materials and

the summons for personally taking part in the court session and to answer the questions , connected with the carried out expert appraisal and with the report he has submitted.
and presenting a report, the expert shall be obliged to direct to the court which has
appointed the expertise a motivated written statement on the impossibility to present the report. The expert shall ensure the security of the materials and documents , supplied to him for the study, and shall return them to the court together with the report or with the statement on the impossibility to present the report. 2. The expert has no right to collect materials for conducting an expert examination

documents; to present a substantiated and objective report on the questions put to him and to direct it to a court which has appointed the expert opinion; to appear in court at

If the raised questions go beyond the scope of the expert' s special knowledge , or if the materials and the documents are useless or insufficient for conducting the studies

on his own; to enter into personal contacts with the participants in the proceedings , if
this puts into doubt his lack of interest in the outcome of the case; to divulge information which has become known to him in connection with carrying out the expert appraisal , or to inform anyone about the results of the appraisal , with the exception of the court which has appointed it. 3. The expert shall have the right, insofar as it is necessary for him to submit the report, to become acquainted with the materials of the case concerning the object of the expert examination; to ask the court to supply him with additional materials and documents for the study; to put in the court session questions to the persons taking part in the case , and to the witnesses; to file petitions for inviting other experts for conducting an expert examination.
Article 113. Court Notices and Summons

1. The persons taking part in the case, as well as the witnesses, experts, specialists and interpreters, shall be notified or summoned to the court by registered letter with a notification on handing it in , by a court summons with notification on handing it in , by a telephone message or telegram , by facsimile communication or with the use of other devices of communication and delivery ensuring the fixation of the court notice or summons and of handing it in to the addressee. 2. The court summons is one of the forms of judicial notices and summons. The persons taking part in the case shall be notified by the court summons of the time and place of the court session or about the performance of the individual procedural actions.

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Together with the notice in the form of a court summons or a registered letter , to the person taking part in the case shall be forwarded the copies of the procedural documents. The court summons shall also be issued so that to call to the court witnesses , experts , specialists and interpreters. 3. The court notices and the summons shall be handed in to the persons taking
part in the case taking account of the fact that the said persons should have enough time to prepare for the case and to appear in court on time. 4. A court notice addressed to a person taking part in the case shall be forwarded to the address , given by the person , taking part in the case, or by his representative. If the citizen does not actually reside at the indicated address, the notice may be directed to the place of his work. 5. A court notice addressed to an organization shall be forwarded to the place of its location. The court notice, addressed to an organization , may be forwarded to the place of

location of its representation or affiliate , documents.

if such

are mentioned in the constituent

The forms for the court notices and summons envisaged in the present Article shall also be applied in respect of foreign citizens and foreign legal entities, unless a different order is established in the international treaty of the Russian Federation.

Article 154. Time Terms for the Consideration and Resolution of Civil Cases 1. Civil cases shall be considered and resolved by the court before the expiry of two months as from the day of arrival of the application to the court , and by the justice of the peace - before the expiry of one month as from the day of accepting the application

for the proceedings.
2. The cases on the reinstatement in a job and on an exaction of an alimony shall be considered and resolved after the expiry of one month. 3. The federal laws may fix the reduced time terms for the consideration and resolution of the individual categories of civil cases.

Article 167. Consequences of Failure to Appear in the Court Session by the
Persons Taking Part in the Case and by Their Representatives 1. The persons taking part in the case are obliged to notify the court of the reasons behind their failure to appear and to submit proof of the validity of these reasons. 2. If in the court session does not appear anyone of the persons taking part in the case with respect to whom there is no information about their being notified, the case

proceedings shall be postponed.
If the persons taking part in the case have been duly notified of the time and the place of the court session , the court shall postpone the proceedings on the case if it
recognizes the reasons behind their non-appearance as valid. 3. The court has the right to consider the case if anyone of the persons taking part in the case and notified of the time and the place of the court session does not appear if they have not supplied information on the reasons for their failure to appear and if the court recognizes the reasons behind their non-appearance as invalid.

4. The court has the right to consider the case in the absence of a defendant
notified of the time and the place of the court session if he has not informed the court about valid reasons for his non-appearance and has not requested to consider the case
in his absence.

5. The parties have the right to request the court to consider the case in their
absence and to direct to them copies of the decision of the court.

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6. The court may postpone the proceedings on the case at the petition of the person taking part in the case in connection with the non-appearance of his representative because of a valid reason. Article 210. Execution of the Court Decision The decision of the court shall be executed after its entry into legal force , with the exception of the instances when it shall be executed immediately in accordance with the procedure established in federal law.

Article 226. Special Rulings of the Court

1. In the instances of violating legality, the court has the right to issue a special ruling and to forward it to the corresponding organizations or to the corresponding
official persons, which (who) are obliged to inform it of the measures they have taken in the course of one month. 2. If no information about the taken measures comes in , upon the guilty official persons may be imposed a fine in the amount of up to ten minimum monthly waqes

established by federal law. The imposition of a fine does not relieve the corresponding
official persons of their duty to report on the measures taken in accordance with the
special ruling of the court. 3. If the court reveals the signs of a crime in the actions of a party of the other participants in the case , of the official or another person , while considering the case, it shall inform the public prosecutor to this effect.

Article 364. Violation or Incorrect Application of the Norms of the Procedural Law 1. A violation or incorrect application of the norms of the procedural law is seen as

a ground for the cancellation of the decision of the court of the first instance only under the condition that this violation or incorrect application has led , or could have led to an
erroneous resolution of the case. 2. The decision of the court of the first instance is subject to cancellation regardless of the arguments of the cassational appeal or presentation , if: 1) the case is considered by the court in an illegal composition;

2) the case is considered by the court in the absence of anyone of the persons
taking part in the case and not notified about the time and place of the court session; 3) when the case was considered , the rules for the language in which the court proceedings shall be held were violated;

4) the court has resolved the question of the rights and duties of the persons not
drawn into the participation in the case;

5) the court decision is not signed by the judge or anyone of the judges, or the
court decision is signed by a different judge or different judges than those named in the

court decision; 6) the court decision is adopted by different judges than those included in the
composition of the court which has considered the case; 7) there are no minutes of the court session in the case file; 8) when the decision of the court was being adopted , the rules for the secrecy of the conference of the judges were violated.

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OKa3blBaeT coAe~CTBJ..1e

B

2. B xoAaTa~cTBe 06 J..1cTpe60BaHJ..1J..1 AOKa3aTenbCTBa AOn)/(HO 6blTb 0603Ha~eHo AOKa3aTenbCTBO , a TalOKe YKa3aHo, KaKJ..1e 06cTos:!TenbcTBa, J..1MeIOLLlJ..1e 3Ha~eHJ..1e Ans:! npaBJ..1nbHoro paccMOTpeHJ..1s:! J..1 pa3peWeHJ..1s:! Aena, MorYT 6blTb nOATBep)f(AeHbl J..1nJ..1 onpoBeprHYTbl 3TJ..1M AOKa3aTenbCTBOM YKa3aHbi npJ..1~J..1Hbl npens:!TcTBYIOLLlJ..1e nony~eHJ..11O AOKa3aTenbCTBa, J..1 MeCTO HaXO)f(AeHJ..1s:! AOKa3aTenbCTBa. CYA BblAaeT CTopOHe 3anpoc Ans:! nony~eHJ..1s:! AOKa3aTenbCTBa J..1nJ..1 3anpaWJ..1BaeT AOKa3aTenbCTBO HenocpeACTBeHHO. nJ..1L\O , y KOToporo HaXOAJ..1TCs:! J..1cTpe6yeMoe CYAOM AOKa3aTenbCTBO, HanpaBns:!eT ero B CYA J..1nJ..1 nepeAaeT Ha PYKJ..1 nJ..1L\Y, J..1MeIOLLleMY cooTBeTcTBYIOLLlJ..1~

3anpoc, Ans:! npeACTaBneHJ..1s:! B CYA.

3. ,D,on)/(HOCTHble nJ..1L\a J..1nJ..1 rpa)f(AaHe, He J..1MeIOLLlJ..1e B03MO)/(HOCTJ..1 npeACTaBJ..1Tb J..1cTpe6yeMoe AOKa3aTenbCTBO Bo06LL1e J..1nJ..1 B YCTaHOBneHHbl~ CYAOM CpOK , AOn)/(Hbl J..13BeCTJ..1Tb 06 3TOM CYA B Te~eHJ..1e ns:!TJ..1 AHe~ co AHs:! nony~eHJ..1s:! 3anpoca C YKa3aHJ..1eM npJ..1~J..1H. B cny~ae HeJ..13BeLLleHJ..1s:! cYAa, a TalOKe B cny~ae HeBblnOnHeHJ..1s:! Tpe60BaHJ..1s:! cYAa 0 npeACTaBneHJ..1J..1 AOKa3aTenbCTBa no npJ..1~J..1HaM npJ..13HaHHb1M CYAOM HeYBa)/(J..1TenbHbIMJ..1 , Ha BJ..1HOBHbIX AOn)/(HOCTHbIX nJ..1L\ J..1nJ..1 rpa)f(AaH , He s:!Bns:!IOLLlJ..1XCs:! Ha

Case 1:04-cv-01482-GMS

Document 48-8

Filed 03/31/2005

Page 8 of 30

m1L1aMVI , YLfaCTBYlOl..LIVlMVI B Aene , HanaraeTCs:!

WTpacp - Ha AomKHOCTHblX

nViLl B

pa3Mepe AO AeCs:!TVI YCTaHOBneHHblX cpeAepanbHblM 3aKOHOM MVlHVlManbHblX pa3MepOB onnaTbl TPv,o,a , Ha rpa)f(p,aH - AO ns:!TVI YCTaHOBneHHblX cpeAepanbHblM 3aKOHOM MVlHVlManbHblX pa3MepOB onnaTbl TpYAa. 4. HaIlO)f(eHVle WTpacpa He ocB060)f(p,aeT COOTBeTCTBYlOl..LIViX AOn)f(HOCTHbIX nViLl rpa)f(p,aH , BnaAelOl..LIViX VlcTpe6yeMbiM AOKa3aTenbCTBOM , OT 06s:!3aHHOCTVI
npeACTaBneHVls:! ero CYAY.

CTaTbs:! 70. 06s:!3aHHocTVI VI npaBa CBVlAeTens:! 1. nViLlO , Bbl3BaHHoe B KaLfeCTBe CBVlAeTens:!, 06s:!3aHo s:!BVlTbCs:! B CYA B Ha3HaLfeHHoe BpeMs:! VI AaTb npaBAVIBble nOKa3aHVls:!. CBVlAeTenb MO)f(eT 6blTb OH BcneACTBVle 60ne3HVI AonpoweH CYAOM B MeCTe CBoero npe6bIBaHVls:! ecnVl cTapocTVI , VlHBanViAHocTVI VlnVl npVlLfVlH He B COCTOs:!HVIVI s:!BVlTbCs:! APyrVlx YBa)f(VlTenbHblx
no Bbl30BY cYAa.

2. 3a AaLfY 3aBeAoMo nO)f(Horo nOKa3aHVls:! VI 3a OTKa3
MOTVlBaM

npeAYCMOTpeHHblM cpeAepanbHblM 3aKOHOM, CBVlAeTenb HeceT OTBeTCTBeHHOCTb , npeAYCMOTpeHHYIO YronOBHblM Ko,o,eKCOM POCCVlLIICKOLil $eAepaLlVlVl. 3. CBVlAeTenb VlMeeT npaBo Ha B03Mel..LleHVle pacxoAoB , CBs:!3aHHbIX C Bbl30BOM B CYA,
Ha nonYLfeHVle AeHe)f(HOLil KoMneHcaLlVlVl B CBs:!3V1
C

, He

OT AaLfVl noKa3aHVlLII no

noTepeLil BpeMeHVI.

CTaTbs:! 85. 06s:!3aHHocTVI VI npaBa 3KcnepTa 1. 3KcnepT 06s:!3aH npVlHs:!Tb K npoVl3BoACTBY noPYLfeHHYIO eMY CYAOM 3KcnepTVl3Y npoBecTVI nonHoe VlccneAoBaHVle npeAcTaBneHHblx MaTepVlanoB VI AoKYMeHTOB; AaTb

060cHoBaHHoe VI 06beKTVlBHOe 3aKIllOLfeHVle no nOCTaBneHHblM nepeA HViM BonpocaM
HanpaBVlTb ero B CYA, Ha3HaLfVlBwVlLII 3KcnepTVl3Y; s:!BVlTbCs:! no Bbl30BY cYAa Ans:! nViLfHoro YLfacTVls:! B cYAe6HoM 3aceAaHVIVI VI OTBeTVlTb Ha Bonpocbl, CBs:!3aHHble C npoBeAeHHblM
L-1CCneAOBaHVleM VI AaHHblM VIM 3aKIlIOLfeHVleM. B cnYLfae ecnVl nOCTaBneHHbie BonpOCbl BbIXOAs:!T 3a
3HaHVlLII 3KcnepTa
nVl60

npeAenbl cneLlL-1anbHblX
nViCbMeHHOLil cpopMe

MaTepVlanbl L-1 AOKYMeHTbl HenpL-1roAHbl VlnVl HeAOCTaTOLfHbl Ans:! npOBeAeHVls:! L-1CCneAOBaHVlLII VI AaLfVl 3aKIlIOLfeHVls:! , 3KcnepT 06s:!3aH HanpaBVlTb B CYA,
Ha3HaLfVlBWVlLII 3KcnepTVl3Y, MOTVlBVlpOBaHHoe CO06l..L1eHVle B

HeB03MO)f(HOCTVI AaTb 3aKIlIOLfeHVle.

3KcnepT 06ecneLfVlBaeT coxpaHHOCTb npeACTaBneHHblX eMY Ans:! VlccneAOBaHVls:! MaTepVlanOB L-1 AOKYMeHTOB VI B03Bpal..LlaeT VlX B CYA BMeCTe C 3aKIllOLfeHVleM L-1nVl CO06l..L1eHVleM 0 HeB03MO)f(HOCTVI AaTb 3aKIlIOLfeHVle.
2. 3KcnepT He BnpaBe caMOCTOs:!TenbHO c06V1paTb MaTepL-1anbl Ans:! npOBeAeHVls:!
3KcnepTVl3bl; BcTynaTb B nVlLfHbie KOHTaKTbl C YLfaCTHVlKaMVI npOLlecca ecnVl 3TO CTaBVIT nOA COMHeHL-1e ero He3aVlHTepeCOBaHHOCTb B VlCXOAe Aena; pa3rnawaTb CBeAeHVls:! KOTopble CTanVi eMY Vl3BeCTHbi B CBs:!3V1 C npOBeAeHVleM 3KcnepTVl3bl L-1nVl CO06l..L1aTb KOMY-IlVl60 0 pe3ynbTaTax 3KcnepTVl3bl , 3a VlCKIlIOLfeHVleM CYAa , ee Ha3HaLfVlBwero. 3. 3KcnepT , nocKonbKY 3TO He06xoAVIMO Ans:! AaLfVl 3aKIlIOLfeHL-1s:! , VlMeeT npaBo 3HaKOMVlTbCs:! C MaTepVlanaMVI Aena , OTHOCs:!l..LIL-1MVlCs:! K npeAMeTY 3KcnepTVl3bl; npocVlTb CYA 0 npeAocTaBneHVIVI eMY AononHVlTenbHblX MaTepVlanoB VI AoKYMeHToB Ans:! L-1CCneAOBaHVls:!; 3aAaBaTb B cYAe6HoM 3aceAaHVIVI Bonpocbl nViLlaM , YLfacTBYlOl..LIL-1M B Aene, L-1 CBL-1AeTens:!M; xoAaTaLllcTBoBaTb 0 npVlBneLfeHVIVI K npOBeAeHL-11O 3KcnepTVl3bl APyrVlx 3KcnepToB.
CTaTbs:! 113.

CYAe6Hbie VI 3 Be l..LIe H VIs:! VI Bbl30Bbi
YLfacTBYlOl..LIVie B Aene , a TalOKe CBVlAeTen VI , 3KcnepTbl , cneLlVlanL-1CTbl VlnVl BbI3bIBaIOTCs:! B CYA 3aKa3HbiM nL-1CbMOM C
BPYLfeHVlVI, cYAe6HoLil
VlnVl

1. nViLla,

nepeBoALfVlKVI Vl3 Bel..Lla IOTCs:!

YBeAoMneHVleM 0
TenecpoHorpaMMoLil

noBecTKoLil C YBeAoMneHVleM 0 BpYLfeHL-1V1 TenerpaMMoLII nVl60 cpaKcVlMVlnbHoLil CBs:!3V1

no

Case 1:04-cv-01482-GMS

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Filed 03/31/2005

Page 9 of 30

Vlcnonb30BaHVleM VlHblX cpeACTB CBs:!3V1 VI AoCTaBKVI , 06ecne4V1BalOl..4V1X cpVlKCVlpOBaHVle CYAe6Horo Vl3Bel..4eHVls:! VlnVl Bbl30Ba VI ero BpY4eHVle aApecaTY. 2. CYAe6Has:! nOBeCTKa s:!Bns:!eTCs:! OAHOVr Vl3 cpOpM cYAe6Hbix Vl3Bel..4eHVlVr VI BbI30BOB.
nViLla, Y4acTBYIOI..4V1e B

Aene, Vl3Bel..4alOTcs:! cYAe6HblMVI nOBeCTKaMVI 0
VlnVl

BpeMeHVI VI MeCTe

cYAe6Horo 3aceAaHVls:!
BMecTe C Vl3Bel..4eHVleM

coBepweHVls:! oTAenbHblx npoLleccyanbHblx AeVrcTBVlVr.

VlnVl 3aKa3Hora nViCbMa nViLlY, cpopMe cYAe6HoVr nOBeCTKVI HanpaBns:!IOTcs:! KonVlVl npoLleccyanbHblx AoKYMeHToB. Y4acTBYlOI..4eMY B CYAe6HblMVI nOBeCTKaMVI ocYl..4eCTBns:!eTcs:! TalOKe Bbl30B B CYA cBVlAeTeneVr , 3KcnepToB

B

Aene,

cneLlVlanVicToB VI nepeBoA4V1KOB.

cYAe6Hbie Vl3Bel..4eHVls:! VI Bbl30Bbi AomKHbl 6blTb BpY4eHbi C TaKVlM pac4eToM , 4T06bl YKa3aHHbie nViLla VlMenVi AocTaT04HblVr CpOK Ans:!
nOArOTOBKVI K Aeny VI cBoeBpeMeHHoVr s:!BKVI B CYA.

3. nViLlaM , Y4acTBYIOI..4V1M B Aene ,

4. CYAe6Hoe Vl3Bel..4eHVle, aApecoBaHHoe nViLlY, Y4acTBYlOI..4eMY B Aene
HanpaBns:!eTcs:! no aApecy, YKa3aHHoMY nViLlOM , Y4acTBYIOI..4V1M B Aene
VlnVl

ero

npeAcTaBVITeneM. B cnY4ae ecnVl no YKa3aHHoMY aApecy rpa)f(gaHVlH cpaKTVl4eCKVI He npmKVlBaeT , Vl3Bel..4eHVle MO)/(eT 6blTb HanpaBneHO no MeCTY ero pa60Tbi. 5. CYAe6Hoe Vl3Bel..4eHVle , aApecoBaHHoe opraHVl3aLlVlVl , HanpaBns:!eTcs:! no MecTY
ee HaXO)f(geHVlR

CYAe6Hoe Vl3Bel..4eHVle , aApecoBaHHoe opraHVl3aLlVlVl , MO)/(eT 6blTb HanpaBneHo no ee npeAcTaBVITenbcTBa VlnVl OHVI YKa3aHbi B cpVlnVlana ecnVl Y4peAVITenbHbix AoKYMeHTax.

MecTY HaXO)f(geHVls:!

6. npeAycMoTpeHHble HacTos:!l..4eVr cTaTbeVr cpOpMbl cYAe6Hbix

Vl3Bel..4eHVlVr VI

Bbl30BOB npVlMeHs:!IOTcs:! VI no OTHoweHVlIO K VlHocTpaHHblM rpa)f(gaHaM VI VlHocTpaHHblM IOpVlAVl4ecKVlM nViLlaM, ecnVl VlHOVr nops:!AOK He YCTaHOBneH Me)f(gYHapOAHbIM AorOBopOM POCCVlVrCKOVr (j)eAepaLlVlVl.
CTaTbs:! 154. CpOKVI paccMoTpeHVls:!

VI pa3peweHVls:! rpa)f(gaHcKVlx Aen.

AO VlCTe4eHVls:! ABYX MeCs:!LleB co AHs:! nocTynneHVls:! 3as:!BneHVls:! B CYA, a MVipOBblM cYAbeVr AO
1. rpa)f(gaHCKVle
VlCTe4eHVls:! MeCs:!Lla co AHs:! npVlHs:!TVls:! 3as:!BneHVls:! K
2. ,D,ena

Aena paccMaTpVlBalOTcs:! VI pa3pewalOTcs:! CYAOM

BOCCTaHOBneHVIVI Ha pa60Te ,

npoVl3BoACTBY. B3blCKaHVIVI anVlMeHTOB

0

paccMaTpVlBalOTcs:! VI pa3pewalOTcs:! AO VlCTe4eHVls:! MeCs:!Lla. 3. (j)eAepanbHblMVI 3aKOHaMVI MorYT ycTaHaBnVlBaTbcs:! COKpal..4eHHbie CpOKVI paccMoTpeHVls:! VI pa3peweHVls:! OTAenbHblX KaTeropVlVr rpa)f(gaHCKVlx Aen.
CTaTbs:! 167. nocneAcTBVls:! Hes:!BKVI B

cYAe6Hoe 3aceAaHVle nVlLl, Y4acTBYIOI..4V1X B Aene,

VlX npeAcTaBVITeneVr
1. nViLla , Y4acTBYIOI..4V1e B Aene, 06s:!3aHbl Vl3BeCTVlTb CYA 0 npVl4V1Hax Hes:!BKVI VI npeAcTaBVlTb AOKa3aTenbCTBa YBa)/(ViTenbHocTVI 3TVlX npVl4V1H.

Aene, B OTHoweHVIVI KOTOpblX OTCYTCTBYIOT CBeAeHVls:!
pa36V1 paTen bCTBO Aena OTKnaAbl BaeTCs:!.
npVl4V1H VlX Hes:!BKVI YBa)/(ViTenbHbIMVI.

2. B cnY4ae Hes:!BKVI

B

cYAe6Hoe 3aceAaHVle Kora-nVl60 Vl3 nVlLl, Y4acTBYIOI..4V1X
06 VlX Vl3Bel..4eHVlVI

B cnY4ae, ecnVl nViLla, Y4aCTBYIOI..4V1e B Aene , Vl3Bel..4eHbi 0 BpeMeHVI VI MeCTe CYAe6Horo 3aceAaHVls:! , CYA OTKnaAblBaeT pa36V1paTenbCTBO Aena B cnY4ae npVl3HaHVls:!

3. CYA BnpaBe paccMoTpeTb Aeno B cnY4ae Hes:!BKVI

Koro-nVl60

Vl3 nVlLl,

Y4acTBYIOI..4V1X B Aene VI Vl3Bel..4eHHbiX 0 BpeMeHVI VI MeCTe cYAe6Horo 3aceAaHVls:! ecnVl VlMVI He npeACTaBneHbl CBeAeHVls:! 0 npVl4V1Hax Hes:!BKVI VlnVl CYA npVl3HaeT npVl4V1Hbl VlX Hes:!BKVI HeYBa)/(ViTenbHbIMVI.

4. CYA BnpaBe paccMoTpeTb Aeno B OTcYTcTBVle OTBeT4V1Ka, Vl3Bel..4eHHOrO 0
OH He co061..4V1n CYAY 06 YBa)/(ViTenbHblx npVl4V1Hax Hes:!BKVI VI He npocVln paCCMOTpeTb Aeno B era OTcYTcTBVle.
ecnVl

BpeMeHVI VI MeCTe cYAe6Horo 3aceAaHVls:!

Case 1:04-cv-01482-GMS

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II1X oTcyrcTBlI1e 111

5. CTOpOHbl BnpaBe npOCII1Tb CYA 0 pacCMOTpeHlI1111 AeIla
HanpaBIleHlI1111 111M
Konll1l11

peWeHII1s:1 cYAa.
B CBs:l3111 C

6. CYA MO)/(eT OTIlO)/(II1Tb pa36111paTeIlbcTBo AeIla no xoAaTall1cTBY IlIl1L1a
Y4acTBYIOl..L\erO B AeIle , npll14111

Hes:lBKOIl1 era npeACTaBII1TeIls:l no YBa)/(II1TeIlbHoll1

CTaTbs:l 210. VlcnOIlHeHlI1e peWeHII1s:1 cYAa

PeWeHlI1e cYAa npll1BOAII1TCs:I B II1CnOIlHeHlI1e nOCIle BcTynIleHII1s:1 ero B 3aKoHHYIO CII1IlY, 3a II1CKIllO4eHII1eM cIlY4aeB HeMeAIleHHoro II1CnOIl HeHII1s:1 , B nOps:lAKe, ycTaHoBIleHHoM
cpeAepaIlbHblM 3aKOHOM.

CTaTbs:l 226. LJacTHble onpeAeIleHII1s:1 cYAa
1. npll1 Bbls:lBIleHlI1111

cIlY4aeB HapyweHII1s:1 3aKOHHOCTII1 CYA BnpaBe BblHeCTII1 4aCTHoe
cooTBeTcTBYIOl..L\lI1e OpraHII13aLlll1111 II1IlIl1

onpeAeIleHlI1e 111 HanpaBII1Tb ero
CO06l..L\II1Tb 0 npll1Hs:lTbiX II1MII1

cooTBeTcTBYIOl..L\II1M AOIl)/(HOCTHbIM IlIl1L1aM , KoTopble

06s:13aHbi B Te4eHII1e MeCs:lLla

Mepax.
npll1Hs:lTbiX Mepax BII1HOBHble AOIl)/(HOCTHble IlIl1L1a

2. B cIlY4ae

Heco06l..L\eHII1s:1 0

MOryr 6blTb noABeprHyrbl wTpacpy B pa3Mepe AO AeCs:lTII1 ycTaHoBIleHHblx
cpeAepaIlbHblM 3aKOHOM
MII1HII1MaIlbHblX pa3MepOB

onIlaTbl TPv.o.a . HaIlO)/(eHlI1e WTpacpa

He ocB060)/(,QaeT COOTBeTCTBYIOl..L\II1X AOIl)/(HOCTHbIX IlIl1L1 OT 06s:13aHHOCTII1 CO06l..L\II1Tb 0 Mepax , npll1Hs:lTbiX no 4aCTHOMY onpeAeIleHlI11O cYAa.
CYA 06HapY)/(II1T B Aell1CTBlI1s:1X CTOpOHbl npoLlecca, AOIl)/(HOCTHOro II1IlIl1 II1HOra IlIl1L1a npll13HaKII1 APyrll1x Y4acTHII1KoB

3. B cIlY4ae, eCIlIl1 npll1 paccMOTpeHlI1111 AeIla

npecTynIleHlI1s:1 , CYA cO06l..L\aeT 06 3TOM npoKYpopy.

CTaTbs:l 364.

HapyweHlI1e II1IlIl1 HenpaBII1IlbHOe npll1MeHeHlI1e HOpM

npoLleccyaIlbHoro npaBa
1. HapyweHlI1e II1IlIl1 HenpaBII1IlbHOe npll1MeHeHlI1e HOpM npoLleccyaIlbHoro npaBa
s:lBIls:leTCs:I OCHOBaHlI1eM AIls:l OTMeHbl peWeHII1s:1 cYAa nepBOll1l11HCTaHLllI1111 TOIlbKO npll1
YCIl OB 111111 , eCIlIl1 3TO HapyweHlI1e II1IlIl1 HenpaBII1IlbHOe npll1BeCTII1 K HenpaBII1IlbHoMY pa3peWeHII11O AeIla.

npll1MeHeHlI1e npll1BeIlO II1IlIl1 Morno

2. PeWeHlI1e cYAa

nepBOll1l11HCTaHLllI1111 nOAIle)/(II1T

OTMeHe He3aBII1CII1MO OT AOBOAOB

npeAcTaBIleHII1s:1 B cIlY4ae, eCIlIl1: 1) AeIlO paccMoTpeHo CYAOM B He3aKOHHOM cocTaBe; 2) AeIlo paccMoTpeHo CYAOM B oTcyrcTBlI1e KOrO-IlIl160 1113 IlIl1L1, Y4aCTBYIOl..L\II1X B AeIle 111 He 1I13Bel..L\eHHbIX 0 BpeMeHII1 111 MeCTe CYAe6Horo 3aCeAaHlI1s:1; 3) npll1 paccMOTpeHlI1111 AeIla 6blIlll1 HapyweHbl npaBII1Ila 0 s:l3bIKe, Ha KOTOpOM BeAeTCs:I cYAe6Hoe npOIl13BOACTBO;
KaCCaLlll10HHbiX )/(aIl06bl ,

4) CYA pa3peWII1Il Bonpoc 0 npaBax 111 06
Y4aCTII11O B AeIle;

06s:13aHHOCTs:lX IlIl1L1, He npll1BIle4eHHbiX K

5) peWeHlI1e cYAa He nOAnll1CaHO CYAbell1l11IlIl1 KeM-IlIl160 1113 CYAell1 Illl160

peWeHlI1e cYAa

nOAnll1CaHO He TeM CYAbell1l11IlIl1 He TeMII1 CYAbs:lM 111 , KOTopble YKa3aHbi B peWeHlI1111 cYAa;

6) peWeHlI1e cYAa npIl1Hs:lTO He TeMII1 CYAbs:lMII1, KOTopble BXOAII1IlIl1 B COCTaB CYAa paCCMaTpll1BaBWera AeIlo;

7) B AeIle oTcyrcTByeT npoToKoIl cYAe6Horo 3aCeAaHlI1s:1;
8) npll1 npll1Hs:lTII1I11 peWeHII1s:1

cYAa 6blIlll1 HapyweHbl npaBII1Ila 0 Tall1He COBel..L\aHII1s:1 cYAell1.

Case 1:04-cv-01482-GMS

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ARBITRAZH PROCEDURAL CODE OF THE RUSSIAN FEDERATION NO. 95- FZ OF JULY 24 , 2002
(with the Amendments and Additions of July

November 2 , 2004)

Article 7. Equality of All before Law and Court

1. In arbitrazh courts justice shall be administered on the basis of equality of all before law and court , regardless of sex , race , nationality, language , origin , property or official status , residence , attitude to religion , beliefs , affiliation to public associations or other circumstances; also equality of all organizations before law and court , regardless of their organizational and legal form , form of property, subordination , location or other

circumstances.

2. An arbitrazh court shall ensure equal judicial protection of rights and legitimate interests of all persons participating in a case.

Article 19. Attraction of Arbitrazh Assessors (Arbitrazh jurors) to the Consideration of a

Case
1. Arbitrazh assessors (arbitrazh jurors) shall be attracted for the administration of justice in arbitrazh courts of the first instance in conformity with federal laws. 2. A petition for trying a case with the participation of arbitrazh assessors (arbitrazh jurors) has to be made by a party at least one month before the start of court proceedings. Such petition may be made each time a case is tried anew.

A court , when preparing

a case for

hearing, shall be obliged to explain to the

parties their right to make such petition.

3. Where a petition for trying a case with the participation of arbitrazh assessors (arbitrazh jurors) is allowed , each of the parties shall select the candidacy for the office of an arbitrazh assessor (arbitrazh juror) for trying the case from the list of arbitrazh assessors (arbitrazh jurors) endorsed in the procedure established by federal laws for the given arbitrazh court , and shall declare the selected candidacy to the court at least
ten days before the start of the court proceedings.

If a party does not declare

the selected candidacy of an

(arbitrazh juror) within said time period , the court shall be empowered to determine such candidacy independently. 4. A petition for trying a case with the participation of arbitrazh assessors (arbitrazh

arbitrazh assessor

jurors) and an application for attracting to the consideration of a case the selected candidate for an arbitrazh assessor (arbitrazh juror) shall be solved by the arbitrazh
Article 159 of this Code. While considering an application for attracting to the consideration of a case the selected candidate for an arbitrazh assessor (arbitrazh juror), the court shall be obliged to verify whether there are the circumstances established by Items from 1 to 4 of Part of Article 21 of this Code under which this candidate may not participate as an arbitrazh assessor (arbitrazh juror) in the consideration of a specific case. Such circumstances
court in the procedure provided for by

the court shall propose to the appropriate party to select another candidacy in the
procedure established by

shall be a reason for the refusal to allow an application for attracting to the consideration of the case the selected candidate as an arbitrazh assessor (arbitrazh juror). With this
Part 3

of this Article.

5. While trying cases arbitrazh assessors (arbitrazh jurors) shall enjoy the rights
and discharge the duties of a judge.

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6. A judge and an arbitrazh assessor (arbitrazh juror), while trying cases and settling all matters arising in the course of consideration and adoption of judicial acts
shall enjoy equal procedural rights. 7. An arbitrazh assessor (arbitrazh juror) may not preside over a court session.

Article 20. Procedure for Settling Matters by a Collegiate Court

solved by judges by a majority of votes. None of the judges shall be entitled to abstain from voting. The judge presiding over a court session shall be the last to vote. 2. A judge dissenting to the opinion of the majority shall be obliged to sign the judicial act and to state in writing his individual opinion which shall be attached to the case but shall not be announced.

1. Matters arising in the process of trying a case by a collegiate court shall be

Article 27. Cases within the Scope of Jurisdiction of Arbitrazh courts 1. The scope of jurisdiction of an arbitrazh court shall extend to cases on economic
disputes and to other cases connected

economic activities. 2. Arbitrazh courts shall settle economic disputes and shall try other cases with the

with the exercise of business and other

activities without forming

participation of organizations which are legal entities, of citizens engaged in business a legal entity and having the status of an individual businessman obtained in the procedure established by laws (hereinafter referred to as

individual businessmen ), and in the instances provided for by this Code and other
government , other bodies , officials , and formations which do not have the status of a legal entity, and citizens which do not have the status of an individual businessman
(hereinafter referred to as " organizations and citizens 3. Other cases may be likewise referred by federal law to the scope of jurisdiction
federal laws, with the participation of the Russian Federation , the subjects of the Russian Federation , municipal formations, state bodies , bodies self-

of local

of arbitrazh courts. 4. An application taken over by an arbitrazh court subject to the jurisdiction rules
has to be considered by it on its merits , even though in future there will be drawn to the participation in the case a citizen without the status of an individual businessman as a third person who does not put in individual claims concerning the subject matter of the dispute. 5. Arbitrazh courts shall try cases within the scope of their jurisdiction with the participation of Russian organizations , citizens of the Russian Federation , as well as of foreign organizations, international organizations, foreign citizens and stateless persons engaged in business activities , or organizations with foreign investments, if not otherwise provided for by an international treaty of the Russian Federation.

Article 28. Jurisdiction of Economic Disputes and Other Cases Arising from Civil Legal Relations Arbitrazh courts shall try in action proceedings economic disputes and other cases arising from civil legal relations which are connected with the exercise of business and other economic activities by legal entities and individual businessmen , and in the instances provided for by this Code and other federal laws by other organizations and citizens.
Article 41. Rights and Duties of Persons Participating in a Case

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1. The persons participating in a case shall be entitled to familiarize themselves with the materials of the case , to make extracts from them and to copy them; to challenge , to present evidence and to familiarize themselves with evidence presented by other persons participating in the case prior to the start of court proceedings; to participate in the examination of evidence; to pose questions to other participants of arbitration proceedings , to file petitions, to make statements, to give explanations to an arbitrazh

court, to advance their arguments with regard to all matters arising in the course of
trying the case; to familiarize themselves with petitions filed by other persons , to protest against petitions and arguments of other persons participating in the case; to obtain information on complaints made by other persons participating in the case , on judicial acts taken in respect of the given case and to obtain copies of judicial acts issued in the form of a separate document; to appeal against judicial acts; to enjoy other procedural rights granted to them by this Code and other federal laws. 2. Persons participating in a case should exercise in good faith all the procedural rights vested in them. Abuse of procedural rights by persons participating in a case shall entail unfavorable consequences for these persons provided for by this Code. 3. Persons participating in a case shall discharge procedural duties provided for by this Code and other federal laws or placed on them by an arbitrazh court in compliance

with this Code.
Failure to discharge procedural duties by persons participating in a case shall entail the effects for these persons provided for by this Code.

Article 55. Expert 1. An expert in an arbitrazh court shall be a person having special knowledge with regard to matters concerning the case under consideration and appointed by the court for issuing an opinion in the instances and in the procedure provided for by this Code. 2. A person entrusted with the conduct of an expert examination shall be obliged to appear before an arbitrazh court , when summoned , and to issue a reasoned opinion with regard to posed questions. 3. An expert shall be entitled , with authority of an arbitrazh court to familiarize
himself with the materials of the case , to participate in court sessions, to ask the

persons participating in the case and witnesses questions and to file a petition for the presentation to him of additional materials. 4. An expert shall be entitled to refuse to issue an opinion with regard to matters exceeding the limits of his special knowledge , as well as when the materials presented to him are insufficient for issuing an opinion. 5. An expert shall be criminally liable for issuing a wittingly false opinion , and he shall be warned about it by an arbitrazh court and shall give a signed promise in respect
Article 56. Witness

1. A witness shall be a person
important for trying a case.

obtaining data on the

factual situation which is

2. A witness shall be obliged to appear before an arbitrazh court, when summoned.

the case under consideration which are personally known to him and to answer additional questions posed by the arbitrazh court and the persons participating in the case.
4. A witness shall be

3. A witness shall be obliged to deliver to an arbitrazh court data on the merits of

for the refusal to give evidence , and he shall be warned by an arbitrazh court about it
and shall give a signed promise in respect of it.

criminally liable for giving wittingly false evidence , as well as

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become known

5. Not subject to examination as witnesses shall be judges and other persons administration of justice , in respect of circumstances which have become known to them in connection with their participation in trying a case representatives in a civil or other case - in respect of the circumstances which have
participating in the

to them in connection with their discharging the duties of representatives, as well as persons who due to their mental deficiency are unable to

understand facts correctly and to testify about them. 6. Nobody shall be obliged to give evidence against himself , the spouse thereof or close relatives whose circle shall be determined by federal laws. 7. A witness shall be entitled to a reimbursement of expenses connected with their being summoned to court and to the receipt of pecuniary compensation in connection with the loss of time.

4. The persons participating in a case shall only be entitled to refer to those circumstances with which other persons participating in the case have been
familiarized with beforehand.

Article 65. Burden of Proof 1. Each person participating in a case shall be obliged to prove the circumstances to which he refers as to the ground of his claims or objections. The burden of proving the circumstances serving as a ground for the adoption by state bodies , bodies of local self- government , other bodies or officials , of acts and decisions for committing actions (omitting to act), shall be placed on the appropriate body or official. 2. The circumstances significant for the correct consideration of a case shall be determined by an arbitrazh court on the basis of claims and objections of the persons participating in the case in compliance with applicable rules of material law. 3. Each person participating in a case shall have to disclose the circumstances he refers to as to the ground of his claims and objections, to other persons participating in the case prior to the court session , if otherwise is not established by this Code.

shall be directed to other persons participating in the case if they do not have these documents. 2. An arbitrazh court shall be entitled to suggest to persons participating in a case to present additional evidence for clarifying the circumstances important for the correct consideration of the case and the adoption of a lawful and reasonable judicial act prior to the start of the court session. 3. In the event of changing the circumstances subject to substantiation in connection with the claimant changing the ground or subject of his claim and the filing by the respondent of a counterclaim , an arbitrazh court shall be entitled to establish the
time period for presenting additional circumstances.

Article 66. Presentation of , and Remanding Evidence 1. Evidence shall be presented by the persons participating in a case. Copies of the documents submitted to court by a person participating in a case

4. A person participating in a case and lacking
arbitrazh court for demanding for the given evidence.

the opportunity to obtain himself

necessary evidence from a person possessing it shall be entitled to file a petition to the

In the petition there should be denoted the evidence and indicated what circumstances significant for the case may be established by this evidence , as well as the reasons impeding the obtainment of the evidence , and the location thereof.
In the event of satisfying the petition the court shall obtain on demand appropriate
evidence from the person who has it.
5. In the event of non- presentation

government , other bodies and officials of evidence in cases arising from administrative

by state power bodies, bodies of local self-

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and other public legal relations , an arbitrazh court shall obtain on demand evidence from these bodies on its own initiative. Copies of documents obtained on demand by an arbitrazh court on its own initiative shall be directed by the court to the persons participating in the case if they do not have these documents. 6. An arbitrazh court shall issue a ruling in respect of demanding evidence.

In the ruling there shall be indicated the term and procedure for presenting
evidence. A copy of the ruling shall be directed to the persons participating in the case, as
well as to the person who has the evidence called for by the court. 7. The person who has the evidence called for by an arbitrazh court shall send it directly to the court. In case of necessity, at the request of the court the evidence which
is called for

may be handed in to the person

having an

appropriate request for

presenting to the court.

8. Where the person from whom an arbitrazh court demands presentation of
evidence has no opportunity to present it or to present

it within the time

period

established by the court , he shall be obliged to notify the court about this and to indicate

the reasons for non- presentation thereof within a five- day
obtaining a copy of the ruling for demanding the evidence.

term , as of the date of

9. In the event of failure to discharge the duty of presenting evidence called for by
an arbitrazh court for reasons recognized by the arbitrazh court as not good, or of failure

to notify the court on the impossibility of presenting evidence at all or within the
the court shall impose on the person whom the evidence is demanded of a court fine as per the procedure and in the amount established in Chapter 11 of this Code.
10. A court shall issue a ruling in respect of imposing a court fine. In a ruling concerning the imposition of a court fine there shall be established a new time period when the evidence called for has to be presented. In the event of failure to meet these requirements within the time period indicated in
established time period ,

a ruling concerning

the

imposition of a court fine , an arbitrazh court may repeatedly
Part 9 of this Article.

impose the fine according to the rules provided for by

11. The imposition of court fines shall not relieve the person who has the evidence which is called for of the duty to present it to the arbitrazh court. 12. A ruling of an arbitrazh court concerning the imposition of a court fine may be

appealed.
Article 121. Court Notices
1. Persons participating in a case and other participants of arbitration proceedings shall
of a court session or

be notified by an arbitrazh court about the time and place

completing an individual procedural action by way of directing a copy of a judicial act at

the latest fifteen days before the start of the court session or the conduct of the procedural action , if not otherwise provided for by this Code. 2. A judicial act notifying or summoning participants of arbitration proceedings should
contain the following: 1) the name and address of the arbitrazh court;

2) the time and place of a court session or of
actions;

conducting

individual procedural

3) the name of the person notified by court or summoned thereto; 4) the title of the case in respect of which the notice or summons are sent , as well as an indication as to the capacity in which a person is summoned; 5) an indication what actions and by what time a notified or summoned person is

entitled or obliged to complete.

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3. In
telegram ,

urgent

participating in a case and other participants of arbitration proceedings by a telephoned
telegram , fax message , or electronic mail or with the

situations an arbitrazh court may notify or summon persons

communication means.

use of other
(a branch

person participating
the place of the

4. Notices shall be directed by an arbitrazh court to the address indicated by a
in a

case or to the location of an organization

representative office of a

legal entity, if a claim arises from their activities) or to the
thereof , if otherwise is not established by

place of residence of a citizen. The location of an organization shall be determined by

state registration

its

constituent documents in compliance with federal laws. 5. A foreign person shall be notified by an arbitrazh court according to the rules established in this Chapter , if otherwise is not provided for by this Code or an international treaty of the Russian Federation.

Article 134. Time Period for Preparing a Case for Hearing Preparation of a case for hearing has to be finished within a term not exceeding two months as of the date of receiving a statement of claim by an arbitrazh court, by holding a preliminary court session , if otherwise is not established under this Code.

Article 152. Time Term for the Consideration
Decision

of a

Case and for the Adoption

of a

A case shall be considered

by an

arbitrazh court of the first instance and the

decision shall be taken within a time term , not exceeding one month as from the day of the court' s issuing of a ruling on the appointment of the case for court examination unless otherwise is laid down in this Code.
Article 153. Session of the Arbitrazh court 1. A case shall be examined in a session of the arbitrazh court, with an obligatory

notification of the persons taking part in the case about the time and place of the session.
2. The judge , and if the case is examined collegiately, the justice , presiding in the court session , shall:

1) open the court session and announce what particular case is subject to investigation; 2) check the corporal appearance in the court session of the persons taking part in

the case , of their representatives and of other participants in the arbitration process,
identify their persons and verify their powers; ascertain whether the persons who have not appeared in the court session have been duly notified and what information exists on the reasons behind their non-appearance; 3) clarify whether the hearings on the case may be started; 4) announce the composition of the arbitrazh court and inform who will keep a protocol of the court session , who will take part in the court session in the capacity of an expert or of an interpreter, and explain to the persons taking part in the case their right to raise objections; 5) explain to the persons taking part in the case and to the other participants in the arbitration process their procedural rights and duties; 6) remove from the courtroom present witnesses until the start of their interrogation;

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9) find out whether the plaintiff supports the claim , whether the defendant acknowledges the claim and whether the parties do , or do not wish to resolve the case
by an amicable agreement, about which corresponding

7) warn the interpreter of the criminal liability for a deliberately incorrect translation the expert for giving a deliberately wrong conclusion and the witnesses (directly before their interrogation) for deliberately false evidence and for the refusal to give evidence; 8) determine, with an account for the opinion of the persons taking part in the case the sequence of carrying out procedural actions;

entries shall be made in the

protocol of the court session; 10) lead the court session , ensure conditions for a full and exhaustive examination of the proof and of the circumstances of the case , and provide for an examination of the applications and requests from the persons taking part in the

case;
11) take measures to guarantee the proper order in the court session.

Article 158. Postponing the Court Investigation 1. The arbitrazh court shall put off court hearings in cases stipulated in this Code as well as if a person taking part in the case , fails to appear in the court session , if the court has no information on whether this person was duly notified about the time and place of the court investigation.

parties ,

2. The arbitrazh court may put off the court hearings at a request from either if they turn to the court or to an agent for rendering them assistance in

regulating the dispute.

3. If a person taking part in the case and duly notified about the time and place of

has lodged a request for postponing the court trial with a sound substantiation of his non-appearance in the court session , the arbitrazh court may put off the court hearings, if it recognizes the reasons behind such non-appearance as
valid. 4. The arbitrazh court may put off the court trial at the request from a person , taking

the court session ,

part in the case in connection with the non-appearance in
representative due to a valid reason.

the court session of his

5. The arbitrazh court may postpone the court hearings if it recognizes that the
given case cannot be tried in the given court session , among other reasons because of

the non-appearance of anyone of the persons taking part in the case , or of the other
participants in the arbitration process, and also if the request of a party for putting off the court investigation is satisfied in connection with the necessity for it to submit additional proofs, while performing other procedural actions. 6. If the court hearings are postponed , the arbitrazh court shall have the right to interrogate the appearing witnesses , if the parties are present in the court session. The evidence of these witnesses shall be read out in a new court session. Said witnesses shall be summoned to the new court session only if this is deemed necessary.
7. The court examination

may be put off for a term necessary to eliminate the

circumstances that have served as a ground for the postponement, but by no more than
one month.

8. The arbitrazh court shall issue a ruling on the postponement of the court investigation. 9. The arbitrazh court shall notify the persons taking part in the case and the other
participants in the arbitration process , about the time and place of a new court session. The persons , who have attended the court session , shall be notified about the time and

place of the new session immediately
protocol of the court session.

in the court session against a receipt in the

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when it was put

10. The court investigation in a new session shall be resumed as from the moment off. The proofs studied before the postponement of the court

hearings shall not be investigated once again.
Article 182. Execution of a Decision
1. A decision of the arbitrazh court shall be executed after it enters into legal force

with the exception of the cases of an immediate execution in accordance with the
procedure laid down by this Code and by other federal laws , regulating the questions of

the executive procedure.
2. Decisions of the

arbitrazh court on the cases of disputing non-normative legal

acts of the state power bodies , of the local self- government bodies and of other bodies as well as decisions on the cases on disputing decisions and actions (inaction) of said

bodies, shall be subject to immediate execution.

3. The arbitrazh court shall have the right at an application from the plaintiff to make

the decision one of immediate execution , if on account of special circumstances the
retardation of its execution may lead to a substantial loss for the exactor or may make the execution impossible. Immediate execution of the decision shall be admissible , if the exactor supplies a provision for the turnin back of the execution in case of the repeal of the court decision (the counter provision) by the entry into the deposit account of the
arbitrazh court of monetary funds in the amount of the

adjudged sum , or by the presentation of a bank guarantee , a surety or some other kind of financial provision for

the same sum.

4. The question of turning the decision into one of immediate execution shall be considered in a court session. The persons taking part in the case, shall be notified about the time and the place of the court session. Failure to appear on the part of the persons, duly notified about the time and the place of the court session shall not be
seen as an obstacle to resolving the question of an immediate execution of a decision of the arbitrazh court. 5. The arbitrazh court shall pass a ruling, which may be appealed , on the results of

consideration of the question about turning the decision into one of immediate execution. The copies of the ruling shall be forwarded to the persons , taking part in the case, no later than on the day after its issue. 6. The ruling on turning the decision to an immediate execution is subject to

immediate execution. Filing an appeal against the ruling shall not suspend its execution. 7. At an application from the persons, taking part in the case, the arbitrazh court may take measures to provide for the execution of the decision , not turned into one of immediate execution , in accordance with the rules laid down in Chapter 8 of this

Code.
Article 257. Right to File an Appeal 1. Persons taking part in a case , as well as the other persons in cases stipulated by

this Code , shall have the right to file by way of an appeals procedure

a complaint

against a decision of an arbitrazh court of the first instance which has not yet come into legal force.
2. A complaint shall be filed through the arbitrazh court which has passed the decision in the first instance and which is obliged to forward it , together with the case file , to the corresponding arbitrazh court of the appeal instance within a three- day term as from the day of arrival of the complaint at the court. 3. In the complaint shall not be presented new claims which have not been an object of investigation in the arbitrazh court of the first instance.

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Article 270. Grounds for a Change or for the Repeal of a Decision of an Arbitrazh court

of the First Instance
1. Seen as the grounds for a change or for the repeal of a decision of the arbitrazh

court of the first instance shall be:
1) incomplete clarification of the circumstances of importance to the case;

2) failure to prove the circumstances of importance to the case , which the court
believed to be established;
3) non-correspondence of the conclusions , presented in the decision , to the

circumstances of the case; 4) a violation or incorrect application of the norms of substantive law or of the
norms of the procedural law. 2. Seen as an incorrect application of the norms of substantive law shall be: 1) non-application of law subject to application; 2) application of law not subject to application; 3) an errone