State Administration in the Sphere of the Arbitrary Proceedings: the Problems of Reform

This article discusses the features and consequences of the arbitration reform in terms of implementation of the public administration and control elements. The reform has made significant adjustments in the relations between the state and arbitration courts. Along with the positive aspects, there are also controversial ones that require additional study and possible changes in the legislation. The subject of the study is the regulatory database and the existing practice of the federal law of 29.12.2015 N 382-FL "On arbitration in the Russian Federation". The aim of the research is to determine the importance of legal regulation and activities of the Ministry of Justice of Russia in the creation of effective arbitration courts, increasing their authority, as well as increasing the attractiveness of arbitration. It is important to identify the consequences of the elements of state control into the system of arbitration, the analysis of interaction of the state with arbitration. The achievement of these goals was facilitated by the study of both Russian legislation and foreign experience in this field, taking into account the historical development. The results of the analysis revealed the problem of the arbitration courts reduction and some both positive and negative consequences for the participants of the arbitration. The authors of the article suggest the main directions of solving problems, both by adjusting the legal mechanisms of public administration to the activities of arbitration courts, and by improving the current legislation, especially in terms of the permit-issuing procedure for the administration of arbitration, requirements for judges of arbitration courts, the prospects of expanding the competence of modern arbitration. The practical significance of the conclusion is aimed at increasing the availability of Russian arbitration, reducing the burden on state courts, avoiding withdrawal to other jurisdictions.