JUDICIAL STANDARD CONTROL AS A WAY OF IMPLEMENTING THE COMPETENCE OF ARBITRATION COURTS IN DISPUTE RESOLUTION

Abstract

The subject of the study is the issues of judicial regulatory control as a special case of the implementation by arbitration courts of the competence granted to them by law to consider economic disputes. The article reveals the goals and objectives of judicial regulatory control in the system of ways to protect civil rights provided for by the Civil Code of the Russian Federation and in the legal field regulated by procedural norms. The categories of direct and indirect rule control are defined, progressive changes in arbitration legislation have been established to limit the powers of arbitration courts for direct rule control, and, taking into account these legislative trends, the concept of the maximum exercise of rule control powers by arbitration courts has been formed, which is limited to issues of indirect rule control when considering a specific arbitration dispute. The issues of retroactive consequences of direct regulatory control are disclosed, and the conclusion is made that the arbitrary implementation of a retroactive clause is unacceptable when reviewing judicial acts that have entered into force.