The 2020 Constitutional Reform: An Independent Constitutional and Legal Status of Commercial (Arbitrazh) Courts being fixed for the First Time

The paper analyzes the interim results of the 2020 constitutional reform, which affected the foundations of the judiciary in the territory of the Russian Federation. The author assumes and justifies that there is a change in priorities and vectors of legislative work in the field of commercial (arbitrazh) procedural legislation. Based on the analysis of the history of the creation of commercial (arbitrazh) courts, the author makes a conclusion about the formation and development of commercial (arbitrazh) courts as an independent procedural form of the exercise of judicial power in modern Russia. An assessment of the role of Professor V.F. Yakovlev in the creation of commercial (arbitrazh) courts in Russia is given. The author notes the importance of fixing the constitutional and legal status of the system of commercial (arbitrazh) courts. The author shares the opinion, which is of enormous theoretical and practical importance, that the activity of commercial (arbitrazh) courts is a form of exercising judicial power both in the sphere of civil and administrative proceedings. In the context of the problem of a possible «absorption» by the unified Civil Procedure Code of the Russian Federation, including the Commercial (Arbitrazh) Procedure Code, the adoption of amendments to the Constitution reduces such a threat. The author concludes that the rules of commercial (arbitrazh) procedural law, being improved, undergoing different editions, allowing for disputes and discussions at the scientific and practical level, have been preserved as an independent branch of law. At the same time, these rules are, along with the Constitution of the Russian Federation, the fundamental basis of the independent legal status of the commercial (arbitrazh) courts system.

1. Arbitrazhnyy protsess: uchebnik / otv. red. V. V. Yarkov. — 7 e izd., pererab. i dop. — M.: Statut, 2017. — 752 s.

2. Maleshin D. Ya. Ot kontseptsii edinogo GPK k obshchemu Sudebnomu kodeksu // Vestnik grazhdanskogo protsessa. — 2016. — № 3. — S. 10–24.

3. Chechina N. A. Predmet i sistema grazhdanskogo protsessualnogo prava // Aktualnye problemy grazhdanskogo protsessa / pod red. V. A. Musina. — SPb., 2002.

4. Yakovlev V. F. Izbrannye trudy. Arbitrazhnye sudy: stanovlenie i razvitie. T. 3. — M.: Statut, 2013. — 749 s.