Forces deprived of the arbitrator's resignation from the second sample

Now the Supreme Tribunal examined the statement of former referee courageous defender of Sokolov's reversal of the decision by the Board of Qualification of Arbitrators of the Ryazan region of termination of his resignation of an arbitrator. This conclusion Regional CCF issued

August 26, 2011 on the basis of this, though Sokolov in 2004 according to 2011 served gainful activity as a defense, violating the most requests required of the arbitrator, paragraph 3 of Art. 3 of the Law of the Russian Federation "On the status of the arbitrators in the Russian Federation."It is worth to notice, though this conclusion with respect to the arbitrator a retired Sokolov Regional CCF takes closer second time.Arbitrator Alexander Sokolov became popular in 2009, as soon as the Constitutional Tribunal has examined the statement of Victor Milekhina, sentenced to 3 years loss of freedom symbolically because of the deliberate bringing of moderate damage being. The applicant claimed to be unconstitutional discharge provisions of the law "On the status of the arbitrators in the Russian Federation" and the Criminal Procedure Code, according to whom an arbitrator who found themselves in retirement, with the exception of notable referees who have been working most 10 years, does not have a good chance to be involved pritvoreniyu a life of justice. The pretext for this process was the verdict, Sokolov discarded at that time, as soon as it is placed in retirement, however, so not least, required to perform duties of an arbitrator in the Russian District Court of Ryazan.
The COP decided then, if the decisions taken in respect of Milekhina Sokolov, subject to revision. But the location of the contested legislation of the Constitution apply.2 years later - May 27, 2011 - Ryazan region Kvalifkollegiya arbitrators issued a conclusion on terminating the resignation of an arbitrator Sokolov. A prerequisite of like the decision was called by the event, though afterward Sokolov care in 2000, resigned from his post arbitrator "acted not comparable with the status of the arbitrator paid activity" - acted defender. CCR considered, though he did not soblel requests required of the arbitrator clause 3 of Art. 3 of the Law "On status of the arbitrators in the Russian Federation."Sokolov appealed to the Armed Forces with the application for cancellation of the decision. In it he showed, like the law "On the status of the arbitrators in the Russian Federation" in no way failed to comply. Accordingly to the view Sokolova, received the status of the defender, he does not the number of arbitrators, the audience retired, that way as kazhdomesyachnoe life table of contents does not receive, and means position of the law it does not spread. Apart from this, he showed, nor kvalifkollegiya arbitrators, nor the Office of Judicial Department of the Armed Forces according to the Ryazan region did not warn him of the need to suppress the activity of an attorney.But the referee Nikolai Tolcheev found other reasons for the cancellation of the decision of the Ryazan Region CCF. According to Art. 23 of the Federal Law "On judicial organs of society Russian Federation," which describes a judicial act, "Qualification Board is authorized to take the opinion of the arbitrators, if at its meeting are the most fifty percent of its members [a given] conclusion of the termination or suspension of the features of the arbitrator or his resignation speak accepted, because if he voted no the least 2-thirds of the members kvalifkollegii referees who took part in the meeting. " But from that presented should have been used, the Supreme Tribunal rezyumirval, though when considering an application for termination of the resignation of 17 members of Sokolov was the CCR, the conclusion could be made subject, if only because of the favor he did not the least of 12 of them, but that way only eleven votes.Significantly, though neither the CCR Ryazan region, nor the opinion of the Supreme Court Sokolov on August 3, did not specify steel, but the closer August 26 decided to stop again kvalifkollegiya judicial retirement on the basis of fact. Since than the arbitrator, retired not consented, and appealed to the SunBecoming available at the meeting Sokolov said, as if from the position of arbiter ostavku he almost retired in 2000, and afterward acted this really a defender, but because of material supplies appealed only in accordance reaches the age of 55 years, prior to ceasing their own attorney's capabilities. Still, according to his views, then, as if it never does not warned of the probable termination of resignation in accordance with this pretext, also has the ability to become a base for the lifting of the CCR.- Consistent Fri 4 article 3 of the Law "On status of the arbitrators' is a direct prohibition (afterward in 2009 - Ed.) To an arbitrator's resignation to take responsibility advocate. And you go for 2 years afterward making sotvetsvuyuschego instructions hunted businesslike lawyer? - Asked the referee Vladimir Zaitsev.- I never looked for modification of the laws and I did not warn, if possible, - tried to justify Falcons.- But you observed because of the legislation to the effect that as soon as you turn 55, you will be able to strive for benefit, - that the arbitrator.Adept CCF implored the tribunal to throw statement in the absence of gratification, announcing the conclusion of the termination if the resignation was accepted in a serious consultation with the law.After hearing the arguments of the parties the Supreme Tribunal decided to quit saying Sokolov in the absence of gratification, and the conclusion of the Qualification Panel of Arbitrators of the Ryazan Region in power.