ИНСТИТУТ ГОСУДАРСТВЕННОГО АРБИТРАЖА СССР В ПЕРЕХОДНЫЙ ПЕРИОД (1985-1990 ГГ.)

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Abstract

На материалах региональных архивов рассматривается деятельность Государственного арбитража СССР в переходный период (1985-1990 гг.). Анализируя функционирование Госарбитража в ходе перестройки, автор статьи отмечает, что наряду с некоторыми изменениями в целом его задачи принципиально не менялись. Отмечается процесс реорганизации структур Госарбитража различных уровней. ; Activity of the state arbitration in the USSR in the transition period (1985-1990) is considered. Analyzing the functioning of the system of arbitration during "reorganization", the author of the article notes that along with some changes, as a whole its tasks have not changed essentially. On the basis of the analysis of archival materials and regulations the process of reorganization of structures of the system of arbitration of various levels, providing additional rights to them for checking enterprises, establishments, organizations of departmental arbitration and other bodies, resolving economic disputes is considered. Incompleteness of the right of arbitration concerning heads for non-performance of instructions by the latter about elimination of the revealed violations of the law is noted. Influence of the transition period to market economy on the activity of the regional systems of arbitration, which one of the first began to receive signals of the crisis state of socialist economy, is investigated. Features of relationship between managing subjects, increase of the role of contracts, introduction of "original self-financing" are briefly characterized. The analysis of the reasons of divergence of positions between the system of arbitration and Party governmental bodies is given. The process of transformation of the system of arbitration in arbitration court independent of anybody is considered. The role of the system of arbitration in existing Soviet economic system, formation of positive experience of arbitration legal proceedings necessary for development is emphasized. The considered period is characterized by the fact that many enterprises did not satisfy conditions of signed contracts owing to preserving the mechanism of state order, therefore volumes of planned tasks began to exceed production capacities. Difficulties in carrying out an economic reform connected with command and administrative methods of economy, low level of organization of work of ministries, departments, associations and enterprises to create economic connections and sign new contracts are designated. The author reveals a feature in the activity of the system of arbitration connected with the function of protection of labor collectives from unreasonable intervention in their activity from branch ministries and departments. On materials of regional archives contradictions in the activity of the system of arbitration supporting development of economic independence of enterprises and at the same time criticizing aspiration of enterprises to achieve economic interests are traced.