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The arbitration court's ruling can be appealed. How to appeal an arbitration court ruling

Persons who are parties to the case, as well as other participants whose presence is required by the arbitration proceedings, have the right to appeal the decision and ruling of the court in the manner prescribed by Article 188 of the Arbitration Procedure Code of the Russian Federation. The system of arbitration courts is quite complex and diverse. An ordinary person, having received a judicial act that violates his rights, is unlikely to be able to appeal this decision himself. But not everyone has the money to pay for a lawyer. This article will provide free legal advice and answer questions about the court system, the procedure and deadlines for appealing rulings, as well as other pressing issues related to judicial proceedings.

Court system

The structure of arbitration courts differs depending on the functions and volume of work they perform. According to Article 3 of the Federal Law “On Arbitration Courts”, the system is divided into:

arbitration courts of first instance;
appellate authorities;
cassation courts;
supervisory authorities.

Arbitration courts resolve property disputes between enterprises and government bodies. When land, property, and financial relationships arise between legal entities and governing bodies, disputes may arise that are based on the latter’s violation of the rights and interests of the former.

Courts of Appeal

Courts of appeal review decisions of the first instance, considering them from the point of view of legality. Their powers, formation procedure and activities are specified in Chapter 3.1 of the Federal Law on Arbitration Courts.

Courts of Cassation

District arbitration courts consider the legality and validity of decisions of the first instance and appeal. These courts are used as a second stage of appeal against previous decisions. But they act as the first instance in cases of awarding compensation for the violated right to a trial within a due time period and for the violated right to enforce court decisions.

Arbitration courts

Like the listed bodies related to the first instance, the arbitration courts of the constituent entities of the Russian Federation are also included in this category of the judicial hierarchy. They consider cases that are within their jurisdiction, except those that fall within the competence of the Supreme Arbitration Court of the Russian Federation. But the courts of this jurisdiction also have the right to re-examine, on appeal, cases that have already been resolved earlier. The arbitration may review the case based on new circumstances, as well as transfer it to the Constitutional Court of the Russian Federation on issues of the legality of the normative act that was applied or is subject to application in the case.

The first instance, the procedure for formation and its activities are specified in Chapter 4 of the Federal Law on Arbitration Courts. The section also contains provisions on the Presidium, board and judicial panels.

What cases does the arbitration court of first instance consider? Basically, these are economic disputes in which legal entities are involved, and other cases related to business and financial activities.

At the moment, there are 81 judicial entities of first instance in the Russian Federation. One of the leading ones is the Arbitration Court of the Leningrad Region and St. Petersburg.

During each consideration of the case, a protocol is kept recording all procedural actions on the part of the participants in the process. During the consideration of the case in the first instance, it is possible to connect and disconnect claims, change the subject of the claim or its basis, as well as the amount of compensation. The collegial composition of judges carries out its activities during the court session of the arbitration court of first instance according to the rules specified in the Arbitration Procedure Code of the Russian Federation and other regulatory documents. All judges have equal rights and responsibilities before the participants in the process and when making a decision.

The procedure for considering cases in the arbitration court of first instance

Legal proceedings begin from the moment the statement of claim is filed in two copies. One copy of the claim will be sent to the person against whom the claim is made. It is worth recalling that the application is submitted at the location or residence of the person facing charges.

The period for consideration of the case by the arbitration court of first instance cannot exceed two months. After processing the claim, the court issues a ruling outlining all the actions necessary to prepare for the trial. The consideration of the case takes place during a court session composed of three judges, except in cases where the dispute is resolved by a single judge. All members of the board have equal rights in resolving all issues.

The judicial act comes into force one month after its issuance. Sample decisions of the arbitration court of first instance can be found on the website of the state body.

When considering a case, the court has the right:

Go beyond the statement of claim.
Reduce the amount of the penalty (in exceptional cases).
Postpone (delay) the implementation of the decision.

The decision made is announced in the courtroom after the end of the trial. The judge has the right to read only the operative part of the ruling. If the parties or their representatives fail to appear, the court may proceed without them, if this does not interfere with the resolution of the dispute.

Cancellation of the ruling of the arbitration court of first instance

One of the main ways to realize legitimate interests is the right of judicial protection. It should be implemented not only by filing lawsuits, petitions and applications to the court, but also by appealing against judicial errors. Appeals against decisions are made through:

appeal;
first cassation;
second cassation;
supervision.

Protection from miscarriages of justice involves the fact that a participant in the process can appeal to a court of a higher jurisdiction and declare that the decision of the previous court was unfair. This right is exercised by filing an appeal or cassation complaint.

In the activities of any society, there may come a time when it is necessary to protect one’s rights by going to court. If the court satisfies the claim and recognizes the demands as legal, this will indicate success. But it is worth noting that failures are also possible. Therefore, it is important to know what the procedure, procedure and deadline for appealing the decisions of the arbitration court of first instance are.

A person who was not involved as a participant in the proceedings may appeal the verdict if the decision affected his rights and interests.

Appeal

An appeal against a ruling of an arbitration court is only the first stage of protecting rights and interests. During the appeal process, it is important to remember the procedure and deadlines for filing an application. Because this will not only help determine the time frame, but will also protect you from losing your right to appeal.

Complaints are filed with the appellate court against court documents that have already been announced but have not yet entered into force. Accordingly, the period for appealing the decision of the arbitration court of first instance cannot exceed one month, since, as mentioned earlier, a judicial act issued at the end of the consideration of the case comes into force after a month from the date of announcement. This does not apply to the following matters:

regarding intellectual rights (decisions take effect immediately after they are made);
on administrative liability (the decision is implemented within ten days).

There are twenty-one appellate entities in Russia. Some of them consider complaints in a specific arbitration court, while others combine several areas. For example, an appeal against a decision of the arbitration court of the Leningrad Region and St. Petersburg should be sent to the Thirteenth Arbitration Court of Appeal of the same city.

At the end of the judicial act, the court to which the appeal is filed is indicated. But it can also be found on the website of the arbitration court that made the decision, if the act is not yet in hand.

The procedure for appealing the decision of the arbitration court of first instance

The complaint is filed through the authority that issued the decision, but it is possible to take the appeal personally to the office of the appellate court or send it by mail. It must be taken into account that this is only possible if the other party has already initiated appeal proceedings. In all other cases, the complaint must be sent through the court that announced the judicial act.

The period for appealing the decision of the arbitration court of first instance is calculated from the moment the decision is announced during the court hearing and the judicial act is posted on the official portal.

It is worth noting that the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation canceled the extension of the appeal period. However, if there is an appropriate petition, if the decision on the case was posted on the court’s website later than the required period, this is grounds for its extension.

Information about whether the applicant has complied with the deadline for appealing the decision of the arbitration court of first instance will be considered based on the date on the envelope or receipt of the application being sent to the court. If there are several stamps, the court will have to rely on the earliest date.

The complaint can also be sent electronically on the website of the arbitration court. In this case, the appeal period, which is specified in paragraph 6 of Art. 188 of the Arbitration Procedure Code of the Russian Federation, will be calculated from the moment the appeal is received on the My Arbitrator server.

Resuming a missed deadline

The deadline for filing a petition can be restored when it was missed for reasons that did not depend on the person (for example, if he did not have information about the decision being appealed).

Reinstatement of the term occurs on the basis of a petition. However, filing a petition is also limited by time limits, namely 6 months from the date of announcement of the results of the meeting. After six months, it will no longer be possible to renew the expired application period.

The applicant has the right to demand that the deadline be restored if the court violated the procedure and deadlines for publishing a judicial act. If the person who intends to appeal the decision has spent more time compared to the delay of the arbitration court, it is necessary to determine whether the applicant had enough time to prepare all the necessary materials to file the complaint.

If the person did not take part in the case

If a person was not invited to the trial, but his interests were affected by the court decision, he has the right to appeal the decision in the general manner.

The procedure for appealing a decision of the arbitration court of first instance is similar to what was indicated earlier. The possible period for filing an application will be calculated from the day when the person discovered or should have discovered the rights violated. The duration of the period for filing a complaint is the same as in the previous case, although the period is subject to renewal. But it is worth remembering that it will expire within 6 months from the date of announcement of the resolution.

For example, a company that has missed the deadline for appealing can turn to a friendly organization, whose rights are also violated by a judicial act, to renew the deadline.

The arbitration court can restore the deadline, but for this the applicant must have valid reasons for missing the deadline and the permissible period for filing the application has not been exceeded.

The deadline is not restored

To restore the appeal period, the following are not recognized as valid reasons:

lack of information from the applicant about the court decision, if the court has evidence to the contrary;
coordination with a higher authority;
the representative being on vacation;
personnel reshuffle;
lack of a specialist on the company’s staff;
other internal problems of a legal entity.

The fact that the application period was missed will be clarified even if the appeal was accepted for consideration. The court must find out the reasons for failure to appear within the prescribed period. If the reason was valid, the consideration of the case continues. Otherwise, the appeal proceedings are terminated.

Consideration of the appeal

The court is guided only by the evidence that was already available in the case. The judge may add new materials only if:

The previous court unreasonably refused to admit this evidence.
They really are of serious importance to the matter.

Having considered the complaint as a matter of procedure, the court issues a verdict in the form of a ruling. The judge may announce the following verdict:

leave the appeal without satisfaction;
announce a new verdict in the case, changing or canceling the previous decision of the arbitration court;
withdraw the statement of claim in whole or only in a certain part, canceling the decision of the previous court in whole or in part.

The court, having canceled the previous decision, may reconsider the case on its merits.

The new decision of the court of appeal comes into force from the moment it is announced.

Cassation instance

The next court where you can go to appeal previous decisions is cassation. The complaint must be filed with the Federal Arbitration Court of the District. For an application to be considered, the following conditions must be met:

the case was reviewed by the court of appeal;
The previous court refused to restore the missed deadlines.

That is, if it was not possible to restore the deadline, you can go to the Court of Cassation, where the period for filing an application is slightly longer. The deadline for filing an appeal with the Federal Arbitration Court of the district is two months. But there are also exceptions. The period for filing a cassation appeal will be one month for appealing:

the reached settlement agreement between the parties;
a decision made in a case regarding a regulatory document;
execution of a court order of a foreign state;
determinations of the arbitration court and the writ of execution issued by it.

A cassation appeal is sent through the court of the subject whose decision is subject to appeal. The application can be submitted in person, by mail or through the official website of the court in the “My Arbitrator” section.

The complaint should indicate the following:

Full name of the authority receiving the application.
Information about all persons participating in the proceedings.
The name of the court that made the appealed decision, with the date of the decision, the subject of the dispute and the case number.
A person’s request to verify the legality of a decision, indicating the sources of regulatory documents, facts of the case and material evidence.
The list of documents accompanying the case is attached.
Date of application and signature of the applicant.

Based on the circumstances, the following documentation must be attached to the application:

copies of complaints by the number of participants in the case;
a copy of the judicial act that is being appealed;
receipt of payment of state duty;
if the application is submitted by a representative, he must have a power of attorney to sign documents and conduct business on behalf of the principal.

Supervision

The final authority for appealing previous decisions is the supervisory authority. All judicial acts that were issued earlier are subject to re-trial. The review of the case is carried out in several stages:

An application to appeal decisions is sent to the Judicial Collegium of the Supreme Court of the Russian Federation for Economic Disputes (the filing period should not exceed three months from the date of the last ruling).
The case is transferred to the Presidium of the Supreme Court of the Russian Federation if it is accepted for consideration.

A complaint sent to the highest body of the judicial system is transmitted there in person, by mail or electronically on the website of the RF Armed Forces. The application consists of the following elements:

information about the person who submits the application, his procedural position, as well as information about all participants in the proceedings;
full data on the judicial act that is being reviewed;
information about other decisions that were made in the process of appealing decisions;
grounds for the dispute;
the applicant's arguments with references to regulations and procedural evidence;
package of documents required for application;
signature and date.

And in an application for compensation for violation of the right to judicial review within the appropriate period, the following must be indicated:

duration of the trial (starting from the date of filing the claim and ending with the date of announcement of the last judicial act);
reasons that influenced the duration of the consideration of the case;
the applicant's arguments indicating the basis for compensation of costs;
the significance of the violated right for the applicant;
bank account details.

The documents that are attached to the application to the supervisory authority are presented:

a power of attorney if the activity is carried out by a representative;
financial documents;
copies of judicial acts.

Practice shows that most of the deadlines for filing an appeal were missed due to delays on the part of the court in issuing a final variation of the decision. Yes, it is possible to restore the deadline for filing a complaint. But it is worth remembering that restoration of missed deadlines is a right, not an obligation for the court. Therefore, it is not a fact that the application filing period will be extended and the applicant will have time to draw up a contesting document.

In order not to get caught and miss the deadline for filing a complaint, lawyers recommend that immediately after the decision on a particular case is announced, prepare an outline of an application that can be submitted if the month is coming to an end.

To do this, you must be present at all court hearings. This way you can find out in advance about the arbitration court’s motives in its decision. And having received the full text of the judicial act, edit the draft statement.

Also, when filing an appeal, you should indicate that the appellate court suspends enforcement proceedings in the case until it is reconsidered. The same request can be sent to the bailiffs, notifying the continuation of the trial.

Thus, the period during which it is possible to appeal the issued act cannot exceed one month from the end of the proceedings. If necessary, it can be restored. But it is worth remembering that the court cannot always do this. Therefore, it is important not to miss the application deadline. The procedure and deadline for appealing judicial acts is prescribed in Article 188 of the Arbitration Procedure Code of the Russian Federation. On the website of arbitration courts you can find examples of judicial practice in various cases.

As a general rule, the ruling of the arbitration court can be appealed separately from the appeal of the judicial act, which ends the consideration of the case on the merits, in cases where, in accordance with the Arbitration Procedure Code of the Russian Federation, an appeal of this ruling is provided, and also if this ruling prevents the further progress of the case.

In relation to a determination, the appeal of which is not provided for by the Arbitration Procedure Code of the Russian Federation, as well as in relation to a protocol determination, objections may be raised when appealing a judicial act, which ends the consideration of the case on the merits.

From the content of the Arbitration Procedure Code of the Russian Federation, it can be concluded that certain rulings are not subject to appeal, for example, on the acceptance of a statement of claim, restoration of a missed procedural deadline, leaving a statement of claim (statement) without progress, assigning a case to trial, announcing a break in a court hearing , postponement of trial, etc.

The rulings of the arbitration courts can be appealed in the appellate, cassation, supervisory procedures and based on newly discovered circumstances.

Appeals decisions of the arbitration court of first instance are filed and considered according to the general rules provided for filing and consideration of appeals against decisions of the arbitration court of first instance, unless otherwise provided by the Arbitration Procedure Code of the Russian Federation.

Certain features of the appellate procedure for appealing the rulings of the arbitration court of first instance are as follows.

First of all, the Arbitration Procedure Code of the Russian Federation contains provisions that do not allow the possibility of appealing against certain rulings of the arbitration court of first instance on appeal. Thus, a ruling on approval of a settlement agreement can be appealed to the arbitration court of the cassation instance within one month from the date of its issuance. In the same order, decisions on the return of an application, termination of proceedings in a case, leaving an application without consideration in cases of challenging regulatory legal acts, challenging an arbitration court decision, issuing a writ of execution for the forced execution of an arbitration court decision, recognition and enforcement of a foreign court decision are appealed. or a foreign arbitral award.

In relation to certain rulings, a shortened period of appeal to the arbitration court of appeal has been established. In particular, rulings made based on the results of the arbitration court's consideration of the issue of transferring the case to another arbitration court, refusing to satisfy a request for a co-plaintiff to join the case, involving a co-defendant, refusing to allow third parties to join the case, refusing to satisfy a request to join the cases in one proceeding, separating the claims into a separate proceeding, appealed within 10 days. Appeals against rulings of an arbitration court issued when considering cases on corporate disputes, with the exception of rulings to terminate proceedings and leave an application without consideration, are also filed with the arbitration court of appeal within 10 days from the date of their issuance.

In addition, complaints against a number of rulings must be considered within a period different from the general two-month period for consideration of an appeal, for example a complaint:

– on decisions to refuse to satisfy a request for a co-plaintiff to join the case, to involve a co-defendant, to refuse to allow third parties to join the case, to refuse to satisfy a request to combine cases into one proceeding, to separate claims into separate proceedings, to return a statement of claim and others that impede further progress determination cases are considered within a period not exceeding 15 days;
– rulings made based on the results of the arbitration court’s consideration of the issue of transferring the case to another arbitration court are considered within five days.

They differ from the general rules and powers arbitration court of appeal, which, based on the results of consideration of the appeal against the ruling of the arbitration court of first instance, has the right to:

– leave the ruling unchanged and the complaint unsatisfied;
– cancel the ruling of the arbitration court of first instance and send the issue for a new consideration to the arbitration court of first instance;
– cancel the definition in whole or in part and resolve the issue on its merits.

Appeal may be filed against the rulings of the arbitration court or the appellate instance, or against the decision of the arbitration court of the appellate instance, adopted based on the results of consideration of the appeal against the ruling of the arbitration court of the first instance.

Cassation appeals are considered as a general rule by the arbitration court of the cassation instance in the manner prescribed for the consideration of cassation appeals against decisions and resolutions of the relevant arbitration court. The exception is complaints against rulings of the arbitration court of appeal on the return of the appeal and against other rulings that impede the further progress of the case, which are considered within a period not exceeding 15 days from the date of receipt of such a complaint by the arbitration court of cassation.

The appeal of the decisions of the Intellectual Property Rights Court, issued by it as a court of first instance, is distinguished by its peculiarities. Thus, complaints against these determinations are submitted to the presidium of the Intellectual Rights Court for consideration in the cassation instance within a period not exceeding one month from the date of the determination.

The rulings of the arbitration court of the cassation instance, the appeal of which is provided for by the Arbitration Procedure Code of the Russian Federation, can be appealed within one month from the date of their issuance to the same arbitration court of the cassation instance. In this case, complaints against the ruling of the arbitration court of the cassation instance on the return of the cassation appeal, filed with the arbitration court of the cassation instance that issued such a ruling, are considered within 10 days from the date of receipt of the complaint by the court.

As stated in the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated September 5, 2006 No. 112 “On the application of Part 1 of Article 188, Part 2 of Article 257, Part 2 of Article 275 of the Arbitration Procedural Code of the Russian Federation when appealing rulings separately from appealing a judicial act that ends the consideration of the case under on the merits", when appealing against rulings in the appellate and cassation procedures, the arbitration court that adopted the appealed ruling sends to the higher court, along with the complaint, only those materials of the case that are directly related to this complaint and are necessary for its consideration, as well as an inventory of those available in the case documents. The rest of the case materials can be sent to a higher court in copies.

Arbitration court rulings that have entered into legal force can be revised in the manner of supervision and based on newly discovered circumstances, if the Arbitration Procedure Code of the Russian Federation allows them to be appealed or they impede the further progress of the case.

Appealing a decision of an arbitration court of first instance, as a procedural procedure, depends on what kind of decision is being appealed and in what order it was made.

Highlight:

appealing final judicial acts adopted on the merits of the case (dispute);
appealing interim court decisions (rulings) adopted during the trial on certain procedural issues;
appeal in a simplified manner against decisions made within the framework of summary proceedings.

The key difference in these procedures is the timing of the appeal and some other nuances of the process. In particular, the consideration of complaints against rulings blocking the progress of the case is carried out in an accelerated manner - 15 days. Appeals against decisions made in a simplified manner are simplified and faster: as a general rule, participants in the trial are not invited to consider the complaint, and additional evidence is not accepted.

The Arbitration Procedure Code of the Russian Federation provides for four stages of appeal:

Second cassation.
Supervision.

Decisions of the court of first instance that have not entered into force are appealed through the appellate procedure. Since some judicial acts are provided for immediate entry into force, they cannot be appealed. This is typical, for example, in cases of challenging legal acts.

Features of the appeal:

It is possible to file a complaint both against the decision as a whole and against some part of it.
Final court decisions are appealed according to the general rules of appeal; determinations have their own procedure, which contains some exceptions to the general rules. A complaint against a ruling is allowed only in two cases: either the ruling blocks the progress of the case, or the possibility of appeal is directly provided for it.
An appeal may be filed by participants in the process, and in cases provided for by law, by other persons. Depending on the subject of the dispute and the specifics of the arbitration case, the right to appeal is enjoyed by plaintiffs and defendants, applicants and interested parties, the prosecutor's office, government agencies, third parties with independent claims, as well as persons whose rights and interests are affected by the appealed judicial act.
The complaint is filed through the court, whose decision is appealed, and considered by the appellate court. Such courts operate on a district territorial principle: one court for several regions of Russia.
The period for appealing the decision of the arbitration court of first instance is 1 month. But in some cases, the Arbitration Procedure Code of the Russian Federation provides for other deadlines. This depends, first of all, on the category of the case and the period established by law for the entry into force of the judicial act. For example, in administrative cases within the jurisdiction of arbitration, this period is reduced to 10 days. The missed deadline can be restored if there are good reasons for missing the deadline and the appropriate petition is filed no later than 6 months after the adoption of the appealed judicial act.
Form and content of the appeal - Art. 260 Arbitration Procedure Code of the Russian Federation. The complainant's task is not only to comply with these requirements, but also to forward copies of the complaint and attachments to other participants in the process.
The period for consideration of a complaint is 2 months. It can be extended up to 6 months. Complaints against rulings blocking the progress of a case are considered expeditiously - within 15 days.
Possible decisions based on the results of the appeal include canceling the appealed decision, making changes to it, leaving the decision in force. In the first two cases, the court must make a new decision. When appealing rulings, possible decisions in the appeal are refusal to satisfy the complaint or cancellation of the ruling with the referral of the issue for a new consideration or its resolution on the merits.

Depending on the situation, cassation can be either the first or the second stage of appeal. In cassation, the decisions of the arbitration arbitration of the first instance that have entered into force, as well as decisions made in the appeal, are appealed. In addition, court orders are reviewed by cassation. The definitions of the cassation authority itself may also be the object of appeal, but only if this is expressly provided for by the APC.

Procedural features:

The same persons who have the right to appeal have the right to cassation.
The main cassation instance is the district court corresponding to its territoriality (there are 10 in total).
The complaint is sent to cassation through the court, whose decision is being appealed.
The appeal period is 2 months after the decision enters into force. In case of a cassation appeal against the final decisions of the arbitration tribunal of the first instance, the appeal period is actually 3 months from the date of the decision, but provided that no appeal has been filed. If there was an appeal, then the 2-month period is calculated from the date of the decision - the appeal decision - based on the results of consideration of the complaint in this instance. In cases of challenging regulatory legal acts, the cassation period is 1 month from the date the appealed decision enters into force. A similar period is provided in some other cases. To correctly determine the period of appeal (it may vary), it is necessary to take into account the category and specifics of the case, the type, procedure for the adoption and entry into force of the appealed judicial act, as well as the use or non-use of the right to appeal. The missed deadline can be restored in the same way as in the appellate instance.
Form and content of the complaint - Art. 277 Arbitration Procedure Code of the Russian Federation.
Copies of the complaint and its attachments must be sent to other participants in the process.
The procedure for appealing rulings adopted in arbitration of the first and appellate instances differs from the general rules, having some features. They can be appealed if such a possibility is directly provided for by the APC or the ruling blocks the progress of the case. The period for appealing a ruling is 1 month after its issuance, unless otherwise provided.

Second cassation

In the procedure of the so-called second cassation, complaints against decisions of the court of the first, appellate and cassation instances are considered.

If we consider the second cassation as the third stage of appeal, then this instance considers complaints:

On the ruling on the return of the cassation appeal. Cases are considered by the panel of the court whose decision is being appealed within 10 days.
To other rulings of the cassation authority, if their appeal is expressly provided for by the APC. Considered by the court whose decision is being appealed, but by different judges.
On judicial acts that have entered into force and have passed the first cassation. Such complaints are the subject of consideration by the Judicial Collegium of the Supreme Court of the Russian Federation in cassation proceedings.

Supervision

The supervisory authority is the Supreme Court of the Russian Federation. Supervisory complaints are directly considered by the Presidium of the RF Armed Forces.

By way of supervision the following are appealed:

judicial acts (decisions, rulings) of the Judicial Collegium of the Armed Forces of the Russian Federation that have entered into force, adopted in the procedure for considering the case in the first instance and undergoing appeal, as well as appellate rulings issued when appealing such judicial acts;
cassation rulings of the Investigative Committee of the Armed Forces of the Russian Federation.

Peculiarities:

The period for appealing by way of supervision is 3 months after the appealed decision comes into force. It is possible to restore this period if there are valid reasons and the 6-month deadline for filing the relevant petition is observed (Part 5 of Article 308.1 of the Arbitration Procedure Code of the Russian Federation).
Contents of the complaint - Art. 308 part 2 of the Arbitration Procedure Code of the Russian Federation.
Before being sent to the Presidium of the Supreme Court of the Russian Federation, the complaint and the case materials are examined by a single judge of the Supreme Court, who makes a decision on the further movement of the complaint.
The period for supervisory review of a complaint is 2 or 3 months, depending on whether only the complaint or the arbitration case as a whole is being considered. The 3-month period can be extended for another two months.
The complaint with the arbitration case is considered by the Presidium of the Supreme Court of the Russian Federation with the invitation of the participants in the case to the meeting.
The grounds for upholding the complaint are exceptional. Cancellation or modification of a contested judicial act is possible if the decision violates constitutional rights and freedoms, generally recognized norms of international law, public interests, the rights and interests of an unlimited number of persons or goes against the uniform application and interpretation of legal norms. When preparing a complaint, it is necessary to refer to such grounds in your demands and confirm their existence with evidence.
The decision of the Presidium of the RF Supreme Court is not subject to appeal. Further, the case can only be reconsidered due to newly discovered or new circumstances.

Appealing decisions in the arbitration process requires a clear understanding of all stages of this procedure, the order established for each of them, as well as strict adherence to deadlines. It is the violation of deadlines and order that often becomes the main problem in achieving the desired goals.

What is important to consider:

The nature of the arbitration case is the subject of the dispute or application, the procedure for the trial (general, order, simplified, special jurisdiction of the arbitration court, civil or administrative case, proceedings to challenge regulations, processes related to arbitration, etc.).
What kind of judicial act is being appealed - decision, decree, ruling, type of ruling, court order. The appeal procedure, the application of general or special rules, the determination and compliance with deadlines directly depend on this.
The judicial act of which instance is being appealed - first, appeal, first or second cassation. There may be situations when it is necessary to appeal not one act, but several or a chain of acts adopted one after another. For example, it is often necessary to review both the main decision in a case (first instance) and the appellate decision thereon. In this regard, you need to be very careful about the content of the complaint and clearly formulate the requirements.
Do you have the right to appeal a specific judicial act? In cases where determinations are appealed, this must always be analyzed by everyone, because not every determination is subject to appeal. In other situations, only direct participants in the process - applicants, the second party, plaintiffs and defendants - have an unconditional right.
Goals and objectives of the appeal. Here it is important to calculate your strength, financial capabilities, and time investment. All stages of appeal are a very long process, and if a lawyer is involved, it is expensive.

A lot of cases go through appeal and cassation. Few reach the supervisory stage, especially given the limited grounds for overturning or changing appealed decisions.

Ideally, the process of appealing a specific judicial act should be initially thought out and developed in the form of a certain scheme for passing through each stage, if there are several of them. This is especially true for complaints about final court decisions that are made on the merits of the case (dispute). In this case, the order and timing, and the whole process, will always be in front of your eyes, which will allow you to avoid serious mistakes.

In recent years, the judicial system of the Russian Federation has been undergoing a reform process, in particular related to the unification of the highest judicial authorities. This affects changes in procedural legislation. Since 2014, the procedure for cassation and supervisory review of arbitration awards has been seriously changed. Now it is not the Supreme Arbitration Court, but the Supreme Court of the Russian Federation that is the superior authority in relation to all other arbitration courts. Many changes to arbitration procedural legislation are still planned to be adopted. Compliance with the appeal procedure presupposes strict adherence to the current provisions of the Arbitration Procedure Code of the Russian Federation, therefore the preparation and submission of a complaint, as a procedure, must be checked and rechecked for compliance with current standards. The most effective way to eliminate mistakes is to entrust the appeal to a lawyer or advocate whose practice is related to the conduct of arbitration cases.

One of the most important ways to realize your rights and freedoms is the right to judicial protection and provision of justice.

In our opinion, a person’s exercise of the right to judicial protection is carried out not only by filing lawsuits and applications to the courts, but also through protection from judicial errors.

In turn, the right to protection from miscarriages of justice includes the right of a person to appeal to a higher court and the right to convey the truth about the existence of a miscarriage of justice contained in a judicial act. And this right to inform a higher court about errors in decisions is exercised by filing an appropriate complaint - appeal or cassation.

Previously, in our publications, we have already touched on issues. But I don’t want to ignore the arbitration process.

So, in the activities of any company - corporation or entrepreneur - moments arise when a person is forced to defend his rights and interests in court. And since we touched upon the issue of protecting the right using the institution of appealing judicial acts, then we will talk about the order, timing and procedure for appealing judicial acts in arbitration proceedings.

Here we deliberately do not make such protection dependent on the status of a person’s participation in the process, no matter who he is - plaintiff, defendant, or third party involved in the process. The main judicial act affecting rights and legitimate interests was related to business or other economic activity, and, therefore, was considered by the arbitration court.

Let us stipulate in advance that a judicial act can be appealed by a person not involved in the case, if such an act affects the rights and legitimate interests of the person filing the complaint.

APPEAL

The appeal procedure is the first stage of appealing a judicial act. At this stage, as well as at subsequent stages, it is important to understand the deadline and procedure for appealing. This will help not only to correctly distribute the time spent on preparing a complaint, but also to eliminate the risks of losing the right to appeal.

A court decision that has not entered into legal force is appealed to the appellate court.

There are twenty-one courts of appeal in the arbitration court system. Some of them consider complaints against decisions of a single arbitration court of first instance. Others combine several regions.

The court of appeal you need is indicated at the very end of the decision you are appealing, as well as on the website of the arbitration court that made this decision.

Deadline for filing an appeal

As a general rule, a court decision comes into force within a month.

Exceptions to this general rule are:

decisions of the Intellectual Property Rights Court come into force immediately;
decisions on cases of bringing to administrative liability, or decisions to challenge decisions of administrative bodies on bringing to administrative liability. They come into force after ten days from the date of adoption.

Therefore, as a general rule, within a specified month, an interested person may appeal to the arbitration court of appeal with a complaint.

We will tell you about the prospects of the case, draw up a complaint and represent your interests in court. Write to or call +7 499 390 76 96.

The complaint is filed with the appellate court through the arbitration court that made the decision. However, there is no need to file a complaint with the court of first instance, and in order to save time, the complaint can be filed with the appellate court, provided that the other party has already filed an appeal and initiated appeal proceedings.

The period for filing an appeal is calculated from the date of production of the judicial act by the arbitration court in full and publication on the Internet site.

It should be noted that the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation (mandatory for application by arbitration courts) clarified that the untimely posting of a judicial act on the Internet by the court of the first (appeal) instance does not extend the period for an appeal (cassation) appeal, but if the presence of a corresponding petition from the applicant is the basis for reinstating the missed deadline. We will talk about restoring the missed deadline below.

Whether the applicant has complied with the deadline for filing a complaint will be determined by the court based on the date of the stamp on the envelope or the receipt of correspondence sent to the court (complaint with an attachment). If there are several dates for sending the complaint, the court should rely on the earlier date in the stamp or receipt of sending.

If the appeal is filed electronically, and this method is also provided, then compliance with the deadline for filing the complaint will be determined taking into account the moment the complaint is received in the “My Arbitrator” system.

Restoring the deadline for filing an appeal

Reinstatement of a missed deadline is possible if the deadline was missed for reasons beyond the control of the person filing such a complaint, including due to his lack of information about the appealed judicial act.

The period for appeal can be restored on the basis of a petition. Provided that the application is submitted no later than six months from the date of the decision.

This is a very important point that should not be forgotten. Without using the procedure for restoring the term, a person will not be able to use the institution of cassation appeal of a judicial act, which we will talk about later.

The applicant may file a petition to restore the deadline for filing an appeal if the court of first instance violates the deadlines for preparing and publishing a judicial act. Moreover, if the applicant has committed a delay longer than the court delay, in order to restore the deadline for the appeal, the court will need to establish whether the applicant had a sufficient period of time to prepare and file an appeal (cassation) complaint within the period provided for by procedural legislation.

If you did not participate in the case, and a judicial act (decision) affects your rights and obligations, then you can appeal such a judicial act from the day you learned or should have learned about the violation of your rights and legitimate interests of the appealed decision .

This rule can be used if a participant in the process misses the deadline for an appeal. Thus, a company that has missed the deadline for appeal can attract a friendly person who is not involved in the case, but whose interests are also affected by the judicial act.

But here, too, it is necessary to take into account that the missed deadline for filing a complaint can be restored by the court upon petition, if the petition is filed no later than six months from the day when you learned or should have learned about the violation of his rights or legitimate interests by the appealed judicial act. At the same time, arbitration courts must proceed from the fact that such a person must have a real factual opportunity to apply to the court with an application for review of a previously adopted judicial act in the manner of appeal or cassation proceedings, including the ability to timely prepare a reasoned complaint against the court decision and send it to a higher court in the manner prescribed by law.

The arbitration court will restore the missed procedural deadline if it finds the reasons for missing it valid and the maximum permissible time limits for restoration, which we have already mentioned above, have not expired.

The deadline for appeal may not be restored

According to established judicial practice, the applicant’s lack of information about the adopted judicial act cannot be recognized as a valid reason for missing the deadline for an appeal if the court has evidence of notifying the person about the consideration of the case in the court of first instance.

In addition, the following will not be recognized as valid reasons:

the need to coordinate with a higher authority (other person) the issue of filing an appeal,
the presence of the applicant's representative on a business trip (vacation),
personnel changes,
absence of a lawyer on the staff of the organization,
change of manager (his being on a long business trip, vacation),
other internal organizational problems of the legal entity that filed the appeal.

The fact that the deadline for an appeal has been missed may be established by the court even after the appeal has been accepted for proceedings. In this case, the appellate court is obliged to find out the reasons for missing the deadline for appeal and, recognizing them as valid, will continue to consider the case. Otherwise, the appeal proceedings will be terminated.

Calculation of time limits for appealing several judicial acts

An appeal can be filed against one judicial act or against several judicial acts adopted in one case, each of which can be appealed separately.

One complaint may contain demands for appeal, in particular, decisions and rulings to return the counterclaim or rulings to leave the counterclaim without consideration, or to terminate proceedings on the counterclaim. In this case, the appellate court issues one ruling on acceptance of the appeal for proceedings.

If the appellate court establishes that the deadline for filing an appeal against one of the appealed judicial acts has expired, and the complaint does not contain a petition to restore the deadline or refuses to restore such a deadline, then the appellate court will accept the appeal only in relation to the judicial acts , the period for appealing which has not expired.

Filing one appeal against judicial acts adopted in the consideration of different cases is not allowed. In this case, the appellate court leaves the complaint without progress and invites the applicant to eliminate the violation. Failure to eliminate such a violation is grounds for returning the complaint.

Consideration of the appeal

The appellate court, when considering a complaint, is guided only by the evidence that is already available in the case. As an exception, the court may add new evidence to the case if, firstly, in the first instance the party was unreasonably refused to admit it and, secondly, this evidence really influences the consideration of the case.

Based on the results of consideration of the appeal, the arbitration court of the appellate instance makes one of the following decisions in the form of a resolution:

leave the decision of the arbitration court of first instance unchanged and the appeal without satisfaction;
cancel or change the decision of the court of first instance in whole or in part and adopt a new judicial act in the case;
cancel the decision in whole or in part and terminate the proceedings or leave the statement of claim without consideration in whole or in part.

Based on the results of consideration of an appeal against several judicial acts in one case, the adoption of one judicial act is not excluded.

From the moment the decision of the appellate instance is issued, the decision, the appealed judicial act, enters into legal force. The person in whose interests the judicial act was adopted may obtain a writ of execution from the court that made the decision in the first instance.

Let us also mention that the appellate court, in the event of significant procedural violations, can, having canceled the appealed decision, consider the case anew - like a court of first instance.

FIRST CASSATION

The next stage in the implementation of the right to protection from a miscarriage of justice is a cassation appeal against a judicial act.

The cassation appeal is considered by one of the ten district arbitration courts. You can find out where exactly your complaint needs to be filed by turning to the operative part of the appellate decision or by opening the website of the court of first instance.

The complaint is filed through the arbitration court that made the decision.

A cassation appeal is allowed if all available appeal options have been exhausted, as may be evidenced by a decision of the appellate court or its ruling refusing to restore the deadline for filing a complaint.

Without an appeal, a cassation appeal can be sent only in one case: if the appeal was filed after missing the deadline, but with a petition for its restoration, and the court refused to satisfy this petition. Therefore, in order to initiate consideration of the case in cassation, it is necessary to file an appeal, even if the deadline has been missed. This complaint must be accompanied by a request to restore the missed deadline.

Either the deadline will be restored, which will make it possible to appeal the decision first in appeal and then in cassation, or the applicant will be refused to restore the deadline, and then there will be grounds for appealing to the cassation authority.

There is an exception. The rule will not apply when appealing a decision in cases of bringing to administrative liability if the amount of the imposed fine does not exceed 100 thousand rubles for a company and 5 thousand rubles for an entrepreneur. The period for filing an appeal for such decisions is only 10 working days, and if the court refuses to reinstate it (in case of omission), the company will no longer be able to file a cassation appeal.

However, there is an exception to the rule of mandatory appeal. In cassation proceedings, decisions of the Intellectual Rights Court that have entered into legal force, adopted by it as a court of first instance, as well as cases on the protection of intellectual rights considered by arbitration courts of the constituent entities of the Russian Federation as a court of first instance, and arbitration courts of appeal are appealed.

Deadline for filing a cassation appeal

A cassation appeal may be filed within a period not exceeding two months from the date of entry into force of the appealed decision or decision of the court of appeal.

However, we should not forget about exceptions here.

Within a month from the date of issuance must be appealed to the cassation:

determination on approval of the settlement agreement;
the ruling of the Intellectual Property Rights Court issued by it as a court of first instance;
ruling of the arbitration court in a case challenging the decision of the arbitration tribunal;
ruling of the arbitration court in the case of issuing a writ of execution for the forced execution of an arbitration court decision;
ruling of the arbitration court in the case of recognition and enforcement of a decision of a foreign court or a foreign arbitration award.

Within ten days from the date of adoption, the decision of the arbitration court of appeal against the decision to force a legal entity to convene a general meeting of participants is appealed.

Restoring the deadline for filing a cassation appeal

The procedure for restoring the time limit for filing a cassation appeal is generally similar to the procedure for restoring the time limit for an appeal.

The deadline for filing a cassation appeal is also restored at the request of the person who filed the cassation appeal. Two rules apply:

the deadline was missed for reasons beyond the control of the person who filed such a complaint, including due to his lack of information about the appealed judicial act;
the petition was filed no later than six months from the date of entry into force of the appealed judicial act.

If you were not involved in the case

For a person not involved in the case, the rule on the possibility of filing a petition to restore the period for a cassation appeal within six months is implemented taking into account the day when this person learned or should have learned about the violation of his rights and legitimate interests by the appealed judicial act.

Competence of the cassation court

Just like the appellate court, the cassation court does not accept new evidence from the parties. An exception is if the parties previously presented this evidence in the first and second instance, but they were unreasonably denied their inclusion, which affected the legality of the decision.

Based on the results of consideration of the cassation appeal, the arbitration court of the cassation instance makes one of the following decisions:

leave the decision of the arbitration court of first instance and (or) the decision of the appellate court unchanged, and the cassation appeal not satisfied;
cancel or change the decision of the court of first instance and (or) the decision of the court of appeal in whole or in part and, without remitting the case for a new trial, adopt a new judicial act.

Such a decision is possible if the factual circumstances relevant to the case are established by the arbitration court of the first and appellate instances on the basis of a full and comprehensive study of the evidence available in the case, but this court incorrectly applied the rule of law or the legality of the decision, the decisions of the arbitration court of the first and appellate instances are re-checked arbitration court of cassation;

cancel or change the decision of the court of first instance and (or) the decision of the appellate court in whole or in part and send the case for a new trial to the relevant arbitration court, the decision, whose decision was canceled or changed, if this court violated the rules of procedural law, or if the conclusions, contained in the appealed decision or resolution do not correspond to the factual circumstances established in the case or the evidence available in the case. When sending a case for a new trial, the court may indicate the need to consider the case by a collegial composition of judges and (or) in a different judicial composition;
cancel or change the decision of the court of first instance and (or) the decision of the court of appeal in whole or in part and transfer the case to another arbitration court of the first or appellate instance within the same judicial district, if these judicial acts are re-verified by the arbitration court of cassation and the conclusions contained therein do not correspond to the factual circumstances established in the case or the evidence available in the case;
leave in force one of the previously adopted decisions or resolutions in the case;
cancel the decision of the court of first instance and (or) the decision of the court of appeal in whole or in part and terminate the proceedings in the case or leave the statement of claim without consideration in whole or in part.

Cassation appeal is not possible

It must be taken into account that a cassation appeal cannot be filed with the arbitration court of the cassation instance against:

decision in a case considered through summary proceedings;
rulings made by an arbitration court when considering insolvency (bankruptcy) cases, subject to appeal separately from the judicial act that ends the consideration of the case on the merits;
a ruling to refuse to satisfy a petition to consolidate cases into one proceeding or to separate claims into separate proceedings;
determination of refusal to enter into the case of a third party;
a ruling to refuse to satisfy a request for a co-plaintiff to join the case and to involve a co-defendant.

SECOND CASSATION

A situation is possible when, based on the results of the consideration of the case by the court of appeal, as well as the arbitration courts of the districts (first cassation instance), you believe that the contested judicial acts that have entered into legal force contain significant violations of the norms of substantive law and (or) norms of procedural law that influenced outcome of the trial.

Such judicial acts can be reviewed in cassation proceedings by the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation

Thus, the Judicial Collegium of the RF Armed Forces is the second cassation instance, which reviews the acts of the “first” cassation instance - decisions of district courts.

The appearance of the Judicial Collegium of the RF Armed Forces among the cassation instances in the arbitration process allows us to conclude that the further unification of the rules of civil procedural and arbitration procedural law governing proceedings in the verification authorities has taken the path of copying the rules of civil procedure, now by the arbitration process.

The cassation appeal is filed directly with the Supreme Court of the Russian Federation. The judge of the Supreme Court of the Russian Federation issues a ruling on the transfer of the complaint or refusal to transfer it for consideration at a meeting of the Judicial Collegium of the Supreme Court of the Russian Federation.

Deadline for filing a cassation appeal in the second cassation

A cassation appeal is filed within a period not exceeding two months from the date of entry into force of the last appealed judicial act adopted in this case.

Restoring the deadline for filing a second cassation

The deadline for filing a cassation appeal, missed for reasons beyond the control of the person who filed such a complaint, including due to his lack of information about the appealed judicial act, at the request of the said person can be restored by a judge of the Judicial Collegium of the Armed Forces of the Russian Federation (hereinafter referred to as the judge Supreme Court of the Russian Federation), considering the cassation appeal, provided that the petition is filed no later than six months from the date of entry into force of the appealed judicial act.

However, there is a certain barrier to the issue of restoring the deadline for filing a “second cassation”.

The Chairman of the Supreme Court of the Russian Federation, the Deputy Chairman of the Supreme Court of the Russian Federation has the right to disagree with the ruling of the judge of the Supreme Court of the Russian Federation and issue a ruling on the refusal to restore the missed deadline for filing a cassation appeal or on its restoration.

This procedure significantly lengthens the procedure for appealing judicial acts and introduces legal uncertainty into the process of correcting judicial errors of lower courts by higher ones.

Submitting a complaint to the board

Not every complaint is considered by the Collegium. First, a single judge examines it and, based on the results, makes one of the determinations:

on the refusal to transfer the cassation appeal for consideration at a court hearing by the Judicial Collegium of the Armed Forces of the Russian Federation;
on the transfer of the cassation appeal along with the case for consideration at a court hearing by the Judicial Collegium of the Armed Forces of the Russian Federation.

The Chairman of the Supreme Court of the Russian Federation, the Deputy Chairman of the Supreme Court of the Russian Federation has the right to disagree with the ruling of a judge of the Supreme Court of the Russian Federation on the refusal to transfer a cassation appeal for consideration at a court session of the Judicial Collegium of the Supreme Court of the Russian Federation and make a ruling on its cancellation and transfer of the cassation appeal along with the case for consideration at a court session of the Judicial Chamber collegium of the RF Armed Forces.

Competence of the second cassation

If the case with a cassation appeal has reached the consideration of the Judicial Collegium of the Armed Forces of the Russian Federation, the latter, based on the results of the proceedings, has the right to:

leave the decision of the court of first instance, the resolution or ruling of the court of appeal or cassation unchanged, and the cassation appeal without satisfaction;
cancel the decision of the court of first instance, resolution or ruling of the court of appeal or cassation in whole or in part and send the case for a new trial to the appropriate arbitration court. When sending a case for a new consideration, the Judicial Collegium of the Supreme Court of the Russian Federation may indicate the need to consider the case by a different composition of judges;
cancel the decision of the court of first instance, resolution or ruling of the court of appeal or cassation in whole or in part and leave the application without consideration or terminate the proceedings;
leave in force one of the judicial acts adopted in the case;
cancel or change the decision of the court of first instance, resolution or ruling of the court of appeal or cassation and adopt a new judicial act, without transferring the case for a new trial, if an error is made in the application and (or) interpretation of substantive law;
award compensation for violation of the right to trial within a reasonable time or refuse to award it;
leave the cassation appeal without consideration on the merits if there are grounds provided for in Article 291.5 of the Arbitration Procedure Code of the Russian Federation.

When considering a case in cassation proceedings, the Judicial Collegium of the Armed Forces of the Russian Federation checks the correct application and (or) interpretation of the rules of substantive law and (or) rules of procedural law by the arbitration courts that considered the case, within the limits of the arguments set out in the cassation appeal. In the interests of legality, the Judicial Panel has the right to go beyond the arguments set out in the cassation appeal. At the same time, the Judicial Collegium does not have the right to check the legality of judicial acts in the part in which they are not appealed, as well as the legality of judicial acts that are not appealed.

Based on the results of the consideration, a determination is issued, which can be revised in the order of supervision by the Presidium of the RF Armed Forces.

At the same time, decisions of district courts issued following a cassation appeal cannot be appealed directly in the supervisory procedure to the Presidium of the RF Armed Forces, that is, without a cassation appeal to the Judicial Collegium of the RF Armed Forces.

The ruling of the Judicial Collegium of the Armed Forces of the Russian Federation, issued as a result of consideration of the cassation appeal, comes into force from the date of its issuance.

SUPERVISION

Determinations of the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation can be appealed through the supervisory procedure to the Presidium of the Supreme Court of the Russian Federation.

A supervisory appeal against a ruling of the Board is filed directly with the Supreme Court of the Russian Federation within a period not exceeding three months from the date of entry into force of this ruling.

The chance that the complaint will be submitted to the Presidium for consideration is extremely small.

1. This article assumes possibility of appealing judicial acts issued on certain aspects of the arbitration proceedings, without affecting the main court decision on the merits of the case.

In general, the provisions of the commented article reproduce the general ones to which this article refers.

Arbitration court determination- this is a judicial act containing authoritative instructions aimed at resolving procedural issues, as well as being the basis for the emergence, change or termination of procedural rights and obligations of persons participating in the case.

Persons participating in the case have the right to appeal, and other persons in cases provided for by the Arbitration Procedural Code of the Russian Federation:

Parties - plaintiff and defendant;

Applicants and interested parties - in cases provided for by the Code;

Third parties making independent claims regarding the subject of the dispute and not making such claims;

Prosecutor - in cases specified in the Code; The prosecutor also has this right in cases where he did not participate in the consideration of the case in the court of first instance;

State bodies, local government bodies and other bodies that, in accordance with federal law, have applied to the arbitration court with claims or statements in defense of public interests;

Persons who did not participate in the case, on whose rights and obligations the arbitration court adopted a judicial act.

Along with Russians, foreigners who participated in the case also have the right to file a complaint.

The ruling of the arbitration court can be appealed separately from the appeal of the judicial act, which ends the consideration of the case on the merits, in cases where, in accordance with the Arbitration Procedure Code of the Russian Federation, an appeal of this ruling is provided, and also if this ruling prevents the further progress of the case. The complaint is filed through the arbitration court that made the decision in the first instance, who is obliged to send it along with the case to the appropriate arbitration court of appeal within three days from the date of receipt of the complaint by the court.

2. The person filing the complaint is obliged to send to other persons participating in the case, copies of the complaint and the documents attached to it, which they do not have, by registered mail with return receipt requested, or hand them over to other persons participating in the case, or their representatives personally under receipt.

Attached to the complaint:

A copy of the contested decision;

Documents confirming the payment of the state duty in the established manner and amount or the right to receive a benefit in the payment of the state duty, or a petition for a deferment, payment by installments or a reduction in the amount of the state duty;

A document confirming the direction or delivery to other persons participating in the case of copies of the appeal and documents that they do not have;

A power of attorney or other document confirming the authority to sign the appeal.

The complaint against the arbitration court's ruling to return the statement of claim must also be accompanied by the returned statement of claim and the documents attached to it when submitted to the arbitration court.

In relation to a determination, the appeal of which is not provided for by the Arbitration Procedure Code of the Russian Federation, as well as in relation to a protocol determination objections may be raised when appealing a judicial act, which ends the consideration of the case on the merits.

A complaint against a ruling may be filed within a period not exceeding one month from the date of the ruling., unless a different period is established by the Arbitration Procedure Code of the Russian Federation. However, with regard to determining the deadline for appealing a court ruling, the commented article establishes a different deadline: a ruling of an arbitration court on a corporate dispute can be appealed to the appellate court within ten days.

Establishing the possibility of appealing court decisions in a general manner, taking into account the specifics established by this article, the law provides for a number of exceptions, i.e. judicial acts to which the specified appeal procedure does not apply. Such acts include:

Determinations to terminate proceedings;

To leave the application without consideration.

However, having established exceptions to the general rule, this article does not provide for any special procedure for appealing these judicial acts.

Today, in judicial practice, the problem has arisen of delays by persons involved in the case in connection with the appeal, often unfounded, of interim court rulings. When filing a complaint, the court is forced to forward the entire case along with the complaint to a higher court. Due to the formation of arbitration courts of appeal, the time it takes to process cases may increase significantly. And if the parties successively appeal several court rulings (in particular, this practice exists in cases of insolvency (bankruptcy)), then the process in the court of first instance can last for years, which does not correspond to the tasks assigned to arbitration courts.

3. Determination is the most common type of judicial act of an arbitration court. The determinations made during the process can be divided into two categories:

Determinations that end the consideration of the case (final);

Interim rulings that are issued throughout the entire proceedings.

The current AIC provides for a number of interim rulings that cannot be appealed separately from the final judicial act:

A ruling on consideration or refusal to consider the case in a closed court session;

On replacing a judge;

On the challenge or refusal to satisfy a request to challenge a judge;

On the involvement or refusal to involve another defendant;

On the replacement or refusal to replace an improper defendant;

On the appointment of an examination or on the rejection of a request to appoint an examination;

On preparing the case for trial;

On assigning the case to trial;

On acceptance of the appeal and initiation of appeal proceedings;

On accepting a cassation appeal and initiating cassation proceedings, etc.

The absence in procedural legislation of the possibility of appealing against interim rulings separately from the final judicial act is intended to timely consideration of the case. And the absence of such an opportunity in no way violates the procedural rights of the participants in the process and the right to judicial protection. This is confirmed by the practice of the Constitutional Court of the Russian Federation. Thus, in Resolution No. 20-P of July 2, 1998, in the case of verifying the constitutionality of certain provisions of Art. 331 and art. 464 of the Code of Criminal Procedure of the RSFSR, the Constitutional Court indicated that postponing the appeal of interim rulings of the court of first instance to a later date (together with the final judicial act) is permissible and does not violate what is guaranteed by the Constitution, including Art. Art. 45, 46, 55 (part 3), rights of citizens.

In its subsequent practice, the Constitutional Court of the Russian Federation repeatedly referred to this Resolution, including when checking certain provisions of the APC that do not allow independent appeal of interim determinations.

Another situation that can lead to a delay in the process is interruption of trial due to appeal of interim rulings, which are independent objects of appeal (on the imposition of a fine, when deciding on the adoption of interim measures, on the return of applications, complaints, etc.). In this case, the rules of Art. 257 and art. 275 Arbitration Procedure Code of the Russian Federation. The problem is that in order to resolve the complaint, the court is forced to again send the entire case to a higher court, when often all the materials available in the case are not required to resolve the issue.

4. Part 2 of the commented article indirectly defines the list of court rulings, the appeal of which is determined in accordance with this article. Such definitions include judicial acts:

Resolved by a court in a corporate dispute;

The appeal of which is provided for by the general rules of the corresponding type of appeal;

Which does not interfere with the consideration of the case by the arbitration court and the performance of certain procedural actions in the case.

Thus, an appeal is allowed if it does not interfere with the proceedings of the case, however, the main problem of the practical implementation of such norms is connected precisely with the need to provide case materials to a higher, in this case, appellate authority, which is the basis for increasing the duration of the trial. The most logical way out of this situation seems to be the normative establishment of the possibility of suspending the timing of the trial for the period of appealing the ruling in the case.

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