Law enforcement and legal protection issues in the context of interaction between Russian state courts and international arbitration

Arbitration is a private-law non-governmental dispute resolution mechanism. Arbitration is created by non-profit organizations to resolve civil disputes that are resolved outside the state judicial system on the basis of the principles of discretion inherent in private law. At present, arbitration is one of the underestimated and poorly studied areas of modern Russian law. The situation is overshadowed by a lack of certainty regarding its legal nature and approaches to its legal regulation. At the same time, with the integrated application of the position of the Constitutional Court of the Russian Federation, the Constitution of the Russian Federation, as well as legislation, it becomes clear that arbitration is an institution of civil society endowed with publicly significant functions. The term “civil society” has something in common with the doctrine of a legal society, and is a remedy. It is the decentralized mechanisms of legal protection that ensure the existence of the rule of law and the rule of law. Which is arbitration. Thus, the problems that arise in the process of enforcement by the Russian state courts in the interaction of the state court system and international arbitration are also publicly significant and necessary for the consistent development of a legal society, which is expressed in the following functions of the court: assistance and control. Uncertain, obscure and inconsistent law enforcement practice, therefore, not only contradicts the principle of certainty and clarity, but directly infringes on public rights and interests (expressed in the creation of an effective legal protection institution), directly or indirectly - the interests of individuals, including by depriving them guaranteed legal protection mechanisms. The aim of this work was to analyze the current procedure in Russia for the Russian state courts to exercise control and assistance functions in relation to the arbitration court and to identify systemic problems associated with the above procedure, as well as an attempt to develop a unified and consistent approach to their resolution, taking into account principles, history and place of arbitration in the legal system of Russia. For the purpose of which the following tasks were performed: - the concept is formulated, the legal nature, the main goals and principles of international arbitration are analyzed; - The historical prerequisites for the emergence of an arbitration system, as well as the need for an arbitration system, as well as a system for interacting with the Russian state courts, are examined; - the definition, sources, methods and forms of interaction of Russian state courts with international arbitration have been investigated; - analyzed the causes and essence of the main changes and trends in legislation and judicial practice relating to the implementation of interaction; - disclosed systemic problems that arise in the process of implementation of the interaction, taking into account the need to provide a proper degree of legal protection and certainty in law enforcement; - summarized the above problems and suggested ways to resolve them. The study found that the legislator was provided with a de facto unrestricted discretion in the imperative limitation of arbitrability for entire groups of disputes, which ultimately led to the provision of unclear and variable instruments to state courts in the rhetoric used to substantiate decisions, a valid basis for adoption which does not stem from the logic on which such a court allegedly relies. The specified situation contradicts the indicated principles. Thus, it is necessary to reform the arbitration system based on the principles of arbitration, and not on the interests of the public element. For this purpose, firstly, their doctrinal and, if possible, legislative consolidation is necessary, and secondly, the creation of an effective decentralized and self-sufficient system of institutional arbitration, existing in accordance with the basic principles of the rule of law as an integral part of civil society.