On Proposals for Introducing Criminal Responsibility for Arbitrators

The paper provides a critical analysis of the draft law on the introduction of certain norms in the Criminal Code of the Russian Federation concerning the criminal responsibility of arbitrators. The authors present a number of arguments regarding the fact that the prerequisites for the introduction of such responsibility in Russia are currently absent, since the issue is not sufficiently theoretically developed. Issues related to determining the legal responsibility of an arbitrator in various legal systems are considered. The authors substantiate the thesis that in the existing conditions other legal instruments for stimulating the proper activity of arbitrators are more effective, a number of which are successfully applied. In addition, the implementation of the initiative in modern conditions may involve costs that exceed the expected result. It is proved that in the case of imposition of responsibility for arbitrators a set of safeguards activities of arbitrators should be simultaneously legislated. Here, the authors propose to establish guarantees of non-interference in professional activities of an arbitrator as well as legal responsibility for obstructing the activities of an arbitrator’s resolution of a particular dispute. The authors suggest that abitritrators be referred to those individuals who are subject to special procedure of criminal proceedings. It is necessary to provide at the legislative level elements of self-regulation associated with the formation of the arbitration bodies who possess significant powers, including regarding the involvement of arbitrators to criminal responsibility. Based on the results of the research, it is concluded that the relevant issues need to be thoroughly and comprehensively worked out and professionally discussed, which may precede possible changes in legislation.