Features of legislative constructions of the powers of the court in the arbitration process
The article analyzes the difference of the Court's powers from its duties in the arbitration process. As a result of comparison of the constructions of legislative formulations fixed in the norms of the Arbitration Procedure Code of the Russian Federation it is shown that the powers of the Court have different conditions of application. In fact the legal powers are those that the arbitration Court exercises at its discretion without the possibility of their appeal by the parties and persons participating in the case. "Soft duties" can be conditionally called rights, the implementation of which is determined by the duties of the court to perform the prescribed procedural actions before their implementation. These rights are also applied only at the judgment of the Court and are not appealed. The powers which the arbitral tribunal implements either, ascertaining the presence in the case in question of certain conditions specified in the law, or with the consent of the parties or persons participating in the case and the Court would not have the right to evade their performance what in fact is the duties of the Court. The article highlights the issue of the possibility of transforming individual rights of the arbitration Court into duties and vice versa of duties in law, which is of interest for improving procedural legislation and improving the efficiency of legal proceedings.