In connection with the entry into force of Code of Arbitration Procedure of the Donetsk People’s Republic, the Ombudsman increased the number of requests and questions related to the implementation of its provisions. Thus, within the framework of legal education, the Ombudsman explains.
In accordance with Article 27 of the DPR CAP, the arbitration court has jurisdiction in cases of economic disputes and other cases related to the implementation of entrepreneurial and other economic activities. The Arbitration Court resolves economic disputes and considers other cases with the participation of legal entities and individuals – entrepreneurs, and in cases provided for by this Code and other laws, with the participation of the Donetsk People’s Republic, municipalities, state bodies, local governments, other bodies, officials persons, entities that do not have the status of a legal entity, and individuals who do not have the status of an entrepreneur.
Regardless of whether the parties in the legal relationship from which the dispute or claim arose are legal entities, individuals – entrepreneurs or other organizations and individuals, the arbitration court considers cases:
1) about insolvency (bankruptcy);
2) related to the creation, reorganization and liquidation of a legal entity;
3) related to the ownership of shares, percentages in the authorized (pooled) capital of economic companies and partnerships, shares of members of cooperatives, the establishment of their encumbrances and the exercise of the rights arising from them, disputes arising in connection with the division of inherited property or the division of common property of spouses, including shares, percentages in the authorized (pooled) capital of economic companies and partnerships;
4) on claims of founders, participants, members of a legal entity (hereinafter – participants of a legal entity) for compensation for losses caused to a legal entity, invalidation of transactions made by a legal entity and application of the consequences of the invalidity of such transactions;
5) related to the appointment or election, termination, suspension of the powers and responsibility of persons who are or were part of the management and control bodies of a legal entity, disputes arising from civil legal relations between these persons and a legal entity in connection with the implementation, termination, suspension the powers of these persons;
6) related to the issue of securities;
7) arising from the activities of the holders of the register of owners of securities related to the registration of rights to shares and other securities;
8) on the convocation of a general meeting of participants of a legal entity;
9) on appeal against decisions of the management bodies of the legal entity;
10) arising from the activities of notaries to certify transactions with shares in the authorized capital of limited liability companies;
11) on disputes on refusal of state registration, evasion of state registration of legal entities, individuals – entrepreneurs;
12) on disputes arising from the activities of depositories related to the registration of rights to shares and other securities and to the exercise of other rights and obligations provided for by law;
13) in disputes arising from the activities of public companies, state companies, state corporations and related to their legal status, the procedure for their management, their creation, reorganization, liquidation, organization and with the powers of their bodies, the responsibility of persons belonging to their bodies;
14) on disputes on the protection of intellectual rights;
15) on the protection of business reputation in the field of entrepreneurial and other economic activities.
We draw special attention to residents of the Republic that when applying to the arbitration court with a statement containing several related requirements, some of which are under the jurisdiction of the arbitration court, others – of another court of general jurisdiction, if separation of claims is impossible, the case is subject to consideration and settlement in a court of general jurisdiction. If the division of claims is possible, the court makes the determination on the acceptance of claims that are subject to the arbitration court and on the return of the application in terms of claims that are subject to the court of general jurisdiction.