The arbitration manager is who? Self-regulating organization of arbitration managers

For all history of the existence on a planet people have understood, that any questions are better to solve collectively. This principle was transformed into a proverb: "One head is good, but two is better". To date, this rule is applied in many spheres of human life. But most often it can be found in those industries where legal issues are being resolved. In this case, we are talking about judicial activities as a kind of guarantor for the realization of the rights and freedoms of legal and physical persons. It is worth noting that the courts in the Russian Federation are built into a single, functional and extremely effective system. All bodies of this system perform their activities only on the basis of specific legal facts. Thus, courts are special bodies whose activities are aimed at protecting rights and freedoms, and in some cases also resolving disputes.

However, there is often a controversial issue about arbitration courts. These instances have not only a specific jurisdiction, but also a unique style of dispute resolution. During the process, these courts very often use arbitration managers. Further in the article the author will try to consider the basic functions of the given institute, and also to disassemble the essence of his activity.

What is arbitration?

The activity of the arbitration manager is directly connected with arbitration courts. Therefore, it is just necessary to consider their functional essence. In general, the term "arbitration" is used not only in Russia, but also in other countries. Moreover, arbitration courts are also found not only in the Russian Federation. Practically in all powers the tasks of these bodies are similar, if one does not take into account some differences in the process of activity itself. Thus, the arbitration court is a special body of state power, acting on an ongoing basis, whose purpose is to administer justice in the field of entrepreneurial and other economic activities. Simply put, this is the place for challenging disputes directly related to carrying out activities of an economic or financial nature. A clear manifestation of the financial and economic orientation can be traced in some subjects of the process. For example, in Russia, as well as abroad, in certain cases a financial arbitration manager is involved, the essence of the work will be presented later in the article.

Features of this institute in Russia

Despite the existence of a generally accepted concept, in the Russian Federation the activities of arbitration courts have a specific form. In classical theory, an arbitration court is the organ of the judicial branch of power that deals with the search for justice primarily in the field of entrepreneurship, as well as other branches of economic activity. The most striking example of the activities of these instances is the process of recognizing the insolvency of a physical or legal person.

Jurisdiction

Given the specifics of arbitration courts, we can talk about special jurisdiction. Based on the definition of the term, arbitration in the Russian Federation is subject to cases involving the implementation of entrepreneurial and other economic activities. If this question is more detailed, then in the sphere of consideration of such courts it is possible to distinguish the following types of cases:

• Emerging from some civil law relations.
• Emerging from public social and legal relations.
• Cases about challenging the normative acts issued in the manner prescribed by law, which in one way or another affect the interests, the rights of persons carrying out entrepreneurial and other economic activities.

• Cases, the subject of which is challenging the activities of specific officials, decisions and non-normative bodies, and so on.
• Cases on bringing individual entrepreneurs to legal responsibility.
• Cases whose purpose is to bring the decisions of foreign ships into effect.
• The cases of special jurisdiction, namely: corporate disputes, bankruptcy, disputes over the activities of depositaries, disputes over the activities of state corporations, disputes on the protection of intellectual property rights, disputes on the protection of business reputation.

The list is exhaustive and can be supplemented only by acts of public authorities. In addition to jurisdiction, there is such a thing as the jurisdiction of cases to arbitration courts. With the help of this category, it is decided which exactly arbitration court the case will be dealt with. The following types of jurisdiction can be distinguished: patrimonial and territorial.

Functions of arbitration instances

Taking into account the specifics of the cases under consideration, we can talk about the special functions of the courts in question, which are not available in the courts of other industries. Thus, the arbitration courts have the following functions:

1. The resolution of entrepreneurial and other economic disputes.
2. Accounting and development of statistical data on the subject of its activities.
3. Prevention and cessation of any kind of violations in the sphere of economic life of society.
4. Development and installation of international relations.

Of course, we can distinguish a number of other functions. But as for the presented ones, they are the main ones both in theory and in practice.

The concept of an arbitration manager

Earlier in the article it was already indicated that arbitration courts are subject to cases having a neck of special jurisdiction. One such case is the recognition of bankruptcy. In the process of realizing a business of this specificity, there is a need for such a person as an arbitration manager. This is a special participant in the process whose main role is to carry out continuous supervision of the person's activities. However, the possibilities of this participant are much wider than many people know. Thus, the arbitration manager is a professional participant in managerial activities, whose functions include anti-crisis management of an enterprise controlled by the arbitration court. In some cases, there is a confusion of terms. For example, many do not know that the administrator of an arbitration court is the same procedural person with the correct, legislative title. In other words, it is a person who manages on behalf of a particular arbitration.

The essence of the status of "arbitration manager"

The institute presented in the article is implemented directly by citizens of the Russian Federation. It should be noted that the arbitration administrator is a private person performing public functions. Of course, any decisions of this person are mandatory for execution. All without exception, managers are members of self-regulatory organizations (SRO of arbitration managers). Such structures have a mass of characteristic features, which will be discussed later in the article.

SRO of arbitration managers

Self-regulatory organization - a company of a non-commercial type, which combines business entities that are engaged in the development of a separate manufacturing industry. In some cases, a self-regulating organization of arbitration administrators unites workers of a separate professional line following the example of trade unions. This body is called upon to monitor the subjects of entrepreneurial activity. However, supervision is not carried out in all economic spheres, but only in those in which state interest is present. Thus, a self-regulating organization of arbitration managers allows not only to unite representatives of such an institution, but also to organize control over their activities.

Earlier it was noted that the arbitration manager is one of the subjects of the process of recognizing the insolvency of the debtor. The fate of the debtor depends on his activities. Therefore, the activities of this institution should be viewed through the prism of the concept of "bankruptcy". The arbitration manager at the same time is the key figure of the whole process, because in his hands the right to "sink" or to save the company, the organization from liquidation.

Classification

Depending on the specific stage of the recognition of a physical, legal person as a bankrupt, there are several types of "positions", if one may say so, to which arbitration managers are appointed. Hence we can distinguish different types of manifestation of the institution presented in the article, namely:

• The interim manager is "used" during the monitoring procedure;
• Financial recovery of the organization is carried out under the control of the administrative manager;
• The external manager carries out the same name structure;
• The procedure for competitive management is carried out under the control of the bankruptcy trustee.

Approval of the arbitration administrator

The arbitration financial manager, or rather the question of his participation in a particular bankruptcy process, is approved in a judicial act. This normative document specifies the necessary data for identification, namely: name, patronymic, taxpayer's number, registration number, etc. The last element of the statements can be found if you use the register of arbitration managers. Such a database keeps a record of the manager's professional activities. Using his registration number, you can see a list of insolvency proceedings in which he participates. Thus, the register of arbitration managers is a fairly useful way to obtain statements about a person who will conduct entrepreneurial supervision, even before direct contact with him. It is also necessary to indicate in the judicial act the postal address of this specialist in order to communicate in the future and inform him about all the changes in the bankruptcy case.

It should be remembered that the remuneration of the arbitration administrator is made on the basis of the achieved goals and objectives, for the implementation of which he is directly employed.

Specificity of the legal status

It should be noted that the public-legal status of arbitration managers allows the legislator to make special demands to them. Because this institution carries out financial restructuring, and in some cases complete liquidation of legal entities and individuals as a result of bankruptcy. Thus, the arbitration manager must perform his functions properly, otherwise negative legal sanctions may follow, despite the fact that these entities are self-regulating individuals. The legal status of arbitration managers is substantially supplemented by a number of requirements that are put forward to people wishing to become such specialists. It follows that the following requirements are imposed on them:

• Citizenship of the Russian Federation;
• Membership in self-regulatory organizations of arbitration administrators;
• higher education;
• Work experience, as well as an internship in a position called "assistant arbitration manager";
• exam;
• Absence of disciplinary penalties and facts of administrative offenses;
• Absence of previous convictions;
• Availability of compulsory insurance.

Existing requirements allow you to monitor the activities of arbitration managers, thereby excluding the arbitrariness of this activity. It should also be noted that during the performance of their work, these persons enjoy rights and duties that are given legal status. Violation of the submitted legal regime can cause the responsibility of the arbitration administrator.

In judicial acts, the arbitration manager is required to indicate in addition to the basic data (surname, name, patronymic) also special (postal code, registration number, contact details). This feature is based on the fact that he is primarily a participant in the arbitration litigation, and only then an expert. Thus, other subjects of the process should be able to communicate with him to resolve issues arising from the subject matter in question.

Of great importance is the point where the assistant to the arbitration manager is mentioned. The fact of the internship is compulsory, since it is on it that a person learns all the subtleties of the craft presented in the article. The main feature is that the assistant to the arbitration manager perceives the future work directly, through personal trial and error. This method is really effective, because many moments are incomprehensible to novice workers, as in textbooks they are either not described, or not mentioned at all.

Features of attracting managers in the process of bankruptcy proceedings

It should be noted that at the stage of bankruptcy proceedings, an arbitration manager is also involved, as already indicated earlier in the article. According to the law, the bankruptcy creditor is an applicant in an insolvency proceeding. Therefore, he has the right to put forward additional requirements to arbitration managers, for example:

• The availability of not just a higher legal or economic education, but skills in a specific field;
• The existence of seniority in senior management positions;
• Experience in conducting procedures in bankruptcy cases as an arbitration administrator.

All submitted requirements are due to the risks and complexity of the debtor's insolvency process. After all, in most cases, the powers of the head of the debtor's person are distributed to the manager.

So, in the article we considered the peculiarities of the arbitration process and its specific subject - the arbitration manager. This institution still needs to be improved, because in the West it not only acts, but also achieves its goals in most cases. Therefore, it is necessary to constantly analyze the legislation in this area, as well as develop scientific theories and concepts.