The President took part in the work of the Plenum of the Arbitration Court of the PMR. The main question is to sum up the results of 2018. The chairman of the court Alexander Kiyko told the participants of the meeting that last year the arbitration was held by 11 judges (8 - the first instance, three - cassation). The average annual workload is 132 cases per judge. The staff is 29 people, the actual number is 26.
Financed by 91% (for comparison: in 2017, it was only about 45%). Improving the situation Alexander Kiyko reported what he had a year ago. Problems were related to the infrastructure and material support of the courts.
Alexander Kiyko voiced statistics. According to him, in the reporting period, 879 statements of claim were received by the Arbitration Court. The indicator is much lower than 2017. The Chairman stated a decrease in the number of cases on recovery of funds in compensation for disability pensions paid as a result of labor injuries related to the mortgaged property, invalidation of transactions. The number of disputes on liquidation and recovery of debt, penalties, interest, as well as debts to the budget and extrabudgetary funds has significantly decreased. Much more cases have become about bringing to administrative responsibility, but such decisions are disputed less often. The number of insolvency (bankruptcy) cases has significantly decreased. The Chairman of the Arbitration Court told about disputes involving tax inspections. 185 applications were considered during the year. Most of the requirements are met. Their total amount exceeds 72 million rubles. Another 14.7 million are subject to recovery in the form of fines.
Speaking about the quality of judicial work, the chairman announced the main indicators related to the activities of the cassation and supervisory instances. He told about the amounts of the collected state duty and compliance with the legislatively established procedural deadlines for the consideration of cases. According to Alexander Kiyko, the judges of the Arbitration Court for the most part comply with the rules that ensure the speed and efficiency of the resolution of disputes. For example, the exceptions are cases involving the initiation of bankruptcy proceedings. The President paid attention to this issue. Vadim Krasnoselsky noted the imperfection of this institution. The President noted that there are a lot of complaints about bankruptcy trustees, about property valuation and the subsequent distribution of funds. It is necessary to understand and put a legal point in this issue in this complicated legal mechanism. He instructed the Prosecutor's Office of the PMR to hold relevant monitoring activities, the results of which are to organize an extended meeting with the participation of representatives of all interested structures to develop a new effective system. Alexander Kyiko, in turn, noted that the Arbitration Court has ideas, suggestions and best practices in this direction.
Another aspect was mentioned by the President is the burden on the judges of the Arbitration Court in the light of the tax needs that are expected to be checked by business entities this year. Decision making should not work like an automaton, and you need to make the right decisions. It is necessary to defend the letter of the law, and not in any case, not departmental interests. Of the 211 materials on administrative responsibility received from the tax service, 65 were left without provision. Why? Somewhere, of course, the quality of the preparation of materials is unsatisfactory. This is the presumption of innocence. All materials submitted to the Arbitration Court for Taxes and Fees must be available through the presumption of innocence prize. Tax inspections need to prepare materials with high quality. If a commercial organization brought to administrative responsibility, it must be justified. Tax legislation requires continuous improvement. It is important to bear in mind all these moments rely on the burden on judges and staff. It consists of 14 judges who pay attention to the possibility of increasing the number of actual numbers.
In general, the President recognized the satisfactory activity of the Arbitration Court of the PMR. An important indicator of the quality of work, he considers the number of complaints to a state body, department, institution. As for the decisions of the Arbitration Court, the residents of the republic practically did not appeal to the Head of State in the past year. This indicates that people recognize the justice of the court, even if they are not satisfied with the decision, they understand that everything was done according to the law. The President urged the judicial community and the apparatus of the Constitutional Court to be more accessible to citizens and aimed at the development and improvement in the course of further activities.