A complaint is a document initiating appeal proceedings.

Arbitration Procedure Code Russian Federation imposes certain requirements on the content of the appeal, on its proper execution, including the documents attached to it, as well as on the actions that must be taken by the person filing the complaint.

The essence of the appeal is to substantiate disagreement with the appealed decision arbitration court first instance.

An appeal must be submitted in writing and signed by a person who has the appropriate authority to do so.

The appeal must contain the following details:

• the name of the court to which it is filed;
• the name of the person filing the complaint and other persons participating in the case;
• the name of the court that made the appealed decision, in what case, indicating its number and the date of the decision.

The complaint shall indicate the subject of the dispute, as well as the submitted petitions.

The list of attached documents is given in the complaint. These include:

• a copy of the contested decision;
• documents relating to the payment of state duty (see clause 2, part 4, article 260);
• documents confirming the fulfillment by the person filing the appeal of the obligation to send to other persons participating in the case, copies of the filed complaint and documents attached to it that they do not have, by registered mail with return receipt requested or by other means (in particular, in person against signature );
• a document confirming the authority to sign the appeal.

If the complaint does not meet the requirements of the Arbitration procedural code- Art. 260 of the Arbitration Procedure Code of the Russian Federation, the court issues a ruling to leave it without movement and indicates the period during which the deficiencies must be eliminated. It is necessary to take into account that if the circumstances that served as the basis for leaving the appeal without progress are eliminated by submitting properly executed documents (on payment of the state fee, confirming the direction or delivery to other persons participating in the case, copies of the appeal and documents that they have there is no power of attorney or other document confirming the authority to sign the appeal, etc.), the documents must be submitted in such a way that by the deadline appointed by the court they arrive directly at the court, and are not sent by mail.

The procedure for filing an appeal, its form and content, the procedure and time frame for considering the complaint, the powers of the court considering the complaint, and other issues of proceedings in the appellate instance are determined by the norms of Chapter 34 of the Arbitration Procedure Code of the Russian Federation.

In accordance with Part 2 of Art. 257 of the Arbitration Procedure Code of the Russian Federation, an appeal is filed with the court that made the decision.

Part 1 of Art. 259 of the Arbitration Procedure Code of the Russian Federation for filing an appeal, a period of one month is established from the day following the day the decision was made by the arbitration court of first instance, unless a different period is established by this Code.

In particular, the period for appealing the decision of the arbitration court of first instance in cases considered in the procedure of claim proceedings, including through summary proceedings, is one month (Part 1 of Article 259, Part 4 of Article 229 of the Arbitration Procedure Code of the Russian Federation). In cases of administrative offenses - on bringing to administrative responsibility (Part 4 of Article 206 of the Arbitration Procedure Code of the Russian Federation) and on challenging decisions of administrative bodies on bringing to administrative responsibility (Part 5 of Article 211 of the Arbitration Procedure Code of the Russian Federation) a shortened ten-day period has been established, after the expiration which the decision of the arbitration court enters into legal force. Taking this into account, an appeal against decisions in these cases can be filed within ten days.

When calculating the time limits for an appeal, it is necessary to keep in mind that the Code provides for the possibility of announcing only the operative part of the decision upon completion of the consideration of the case on its merits. In this case, the date of the decision is the date when the decision was made in full (Part 2 of Article 176 of the Arbitration Procedure Code of the Russian Federation). The period for filing an appeal is calculated according to the rules of Chapter 10 of the Arbitration Procedure Code of the Russian Federation.

The Code provides for the possibility of restoration by the arbitration court of appeal of the missed one-month period during which an appeal is filed. The period can be restored if the following conditions are met:

• filing a corresponding petition;
• the petition was filed no later than six months from the date of adoption of the appealed decision and this period is preclusive;
• the reasons for missing the deadline were recognized as valid.

The petition is considered according to the rules contained in Art. 117 Arbitration Procedure Code of the Russian Federation. It may be issued in the form of a separate document or contained in the appeal. In any case, the petition must be filed along with the complaint.

If the petition is satisfied, the court indicates this in the ruling on accepting the appeal for proceedings.

If the petition is rejected, the court is obliged to provide in its ruling the reasons on the basis of which it came to this conclusion (see Article 185 of the Arbitration Procedure Code). The decision to refuse the application may be appealed.

The appeal consideration of complaints against the decisions of the arbitration court of first instance occurs according to the rules for the consideration of appeals against court decisions with some features provided for by the Arbitration Procedure Code (Parts 2, 3 of Article 272).

The procedure and deadlines for appealing rulings are provided for in Art. 188 Arbitration Procedure Code of the Russian Federation.

The subject of an appeal may be a ruling that ends the consideration of the case on the merits, if the Code provides for the possibility of appealing such a ruling. A ruling that prevents further progress of the case may also be appealed.

The Code establishes that some rulings cannot be appealed on appeal (the appeal is filed with the court of cassation - the Federal Arbitration Court of the Moscow District). These definitions include:

• determination on approval of the settlement agreement (part 8 of article 141 of the APC);
• ruling to challenge the decision of the arbitration court (part 5 of article 234 of the Arbitration Procedure Code);
• determination in the case of issuing a writ of execution for the forced execution of an arbitration court decision (part 5 of article 240 of the Arbitration Procedure Code);
• ruling in a case on recognition and enforcement of a decision of a foreign court or foreign arbitration award(Part 3 of Article 245 of the APC);

As a rule, a complaint against a ruling can be filed within one month from the date of the ruling. Some determinations have different deadlines. In particular, in cases of insolvency (bankruptcy), rulings, the appeal of which is permitted by law separately from the judicial act that ends the consideration of the case on the merits, can be appealed within ten days from the date of their issuance (see Part 3 of Article 223 of the APC) .

The ruling on the return of the statement of claim and other rulings that impede the further progress of the case are not considered within a month, as provided for in Art. 267 of the APC, and within a period not exceeding ten days from the date of receipt of the appeal to the court (Part 3 of Article 272 of the APC).

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

• leaves the determination unchanged and the complaint unsatisfied;
• cancels the ruling and sends the issue for a new trial to the arbitration court of first instance (in this situation, the appellate court cannot replace the court of first instance and act in its role);
• cancels the definition (in whole or in part) and resolves the issue on the merits.

Article 257 of the Arbitration Procedure Code of the Russian Federation. Right of appeal

1. Persons participating in the case, as well as other persons in cases provided for by this Code, have the right to appeal, in the manner of appeal, a decision of the arbitration court of first instance that has not entered into legal force.

2. An appeal is filed through the arbitration court that made the decision in the first instance, which is obliged to send it along with the case to the appropriate arbitration court of appeal in three-day period from the date of receipt of the complaint to the court.

3. An appeal cannot state new claims that were not the subject of consideration in the arbitration court of first instance.

Article 259 of the Arbitration Procedure Code of the Russian Federation. Deadline for filing an appeal

1. An appeal may be filed within a month after the arbitration court of first instance makes the appealed decision, unless another period is established by this Code.

2. At the request of the person who filed the complaint, the missed deadline for filing an appeal may be restored by the arbitration court of appeal, provided that the petition is filed no later than six months from the date of the decision and the arbitration court recognizes the reasons for missing the deadline as valid.

3. A petition to restore the deadline for filing an appeal is considered by the arbitration court of appeal in the manner prescribed by Article 117 of this Code.

4. The restoration of the deadline for filing an appeal is indicated in the ruling of the arbitration court on accepting the appeal for proceedings.

5. Before the expiration of the period established by this Code for filing an appeal, the case cannot be demanded from the arbitration court.

Article 260 of the Arbitration Procedure Code of the Russian Federation. Form and content of the appeal

1. An appeal is submitted to the arbitration court in writing. The appeal is signed by the person filing the complaint or his representative authorized to sign the complaint.

2. The appeal must indicate:

1) the name of the arbitration court to which the appeal is filed;

2) the name of the person filing the complaint and other persons participating in the case;

3) the name of the arbitration court that adopted the appealed decision, the case number and the date of the decision, the subject of the dispute;

4) the requirements of the person filing the complaint and the grounds on which the person filing the complaint is appealing the decision, with reference to laws, other regulations legal acts, the circumstances of the case and the evidence available in the case;

5) a list of documents attached to the complaint.

The appeal may contain telephone numbers, fax numbers, e-mail addresses and other information necessary for consideration of the case, as well as existing petitions.

3. The person filing an appeal is obliged to send to other persons participating in the case copies of the appeal and the documents attached to it that 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 against signature.

4. The following are attached to the appeal:

1) a copy of the contested decision;

2) 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;

3) a document confirming the sending or delivery to other persons participating in the case of copies of the appeal and documents that they do not have;

4) a power of attorney or other document confirming the authority to sign the appeal.

The appeal 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 __________ arbitration court of appeal
_____________________________________________

Plaintiff: LLC "______________________________"
Mailing address:________________________________

defendant: LLC "_______________________________"
Legal address:____________________________

Government duty: ______________________

Case: No._________________

APPEAL

on the decision of the Arbitration Court of the city _______ dated __________ in case No. _____________ (on the claim of LLC "____________________" against LLC "____________" for debt collection)

By the decision of the Arbitration Court of the city _______ dated __________ from the Limited Liability Company “______________” in favor of the Limited Liability Company “____________”, ___________ rubles __ kopecks were recovered as debt. and reimbursement of legal expenses for payment of state fees - ______ rubles.
I consider this court decision to be illegal, unfounded and subject to change on the following grounds:
1. Incomplete clarification by the court of first instance of the circumstances relevant to the case.
In its decision, the court of first instance refers to the fact that a framework supply agreement No. ____ dated ____________ (with appendices) was concluded between the parties, within the framework of which the defendant supplied goods to the plaintiff.
According to the terms of the supply agreement for the supplier, in addition to the obligations to supply goods, special obligations of the supplier are established, including the obligations of the supplier (LLC "_____________") to pay premiums to the plaintiff.
In accordance with the terms of the supply agreement, the supplier is subject to payment to the buyer of the amounts of discounts and premiums agreed upon by the parties, established in the relevant Appendix No. __ to the supply agreement in relation to the relevant periods of the relationship between the parties.
The amounts and types of discounts and bonuses are determined and established by Appendix No. __ to the framework agreement.
The volume of commodity purchases under the framework agreement is determined in the annual volume certificates, the fact of delivery for ___________. also confirmed by the delivery notes submitted to the case.
In addition, the plaintiff, as part of its obligations under the framework agreement, issued invoices for payment of premiums, of which there is documentary evidence.
And, since, as the court indicated in its decision, the plaintiff provided evidence of the debt under the supply contract for payment of the premium, the claims should be recognized as legitimate, reliable, proven and subject to satisfaction.
However, the trial court unjustifiably came to such a premature conclusion, without fully examining the factual circumstances of the case.
IN in this case, the contract for the supply of goods was concluded in full compliance with the requirements of civil legislation, in particular, Chapter 30 of the Civil Code of the Russian Federation.
According to Art. 507 of the Civil Code of the Russian Federation, in the event that, when concluding a supply contract, disagreements arose between the parties on certain terms of the contract, the party that proposed to conclude the contract and received from the other party a proposal to agree on these conditions must, within thirty days from the date of receipt of this proposal, unless otherwise the deadline is not established by law or not agreed upon by the parties, take measures to agree on the relevant terms of the contract or notify the other party in writing of the refusal to conclude it.
In accordance with clause 3.5 of the Agreement - general conditions deliveries - amounts subject to withholding after the transaction are paid to the buyer once a year for the period of time up to ___________ of the previous year, while the calculation is based on the total amount of turnover achieved by the buyer and supplier during the reporting period.
In satisfying the claims, the court of first instance referred to the reconciliation act between the parties, which allegedly, as claimed by the plaintiff’s representative, reflected the amount of debt for the goods actually delivered and sold.
However, these statements are not true.
The court of first instance recovered _______ rubles __ kopecks in favor of the plaintiff.
At the same time, according to the act of reconciliation of mutual settlements carried out between the parties, the debt of LLC "________________" to LLC "_____________________" amounted to ______ rubles __ kopecks.
All our objections to the claims made by __________________ LLC were not taken into account by the court of first instance, which was the reason for the unjust decision, due to incomplete clarification of the circumstances relevant to the case.
All of the above circumstances led to the adoption of an unjust decision that violates the rights and legitimate interests of LLC “________________________”.
Based on the above and guided by Art. 4, 257, 259, 260, 270, APC of the Russian Federation, -

P R O S H U S U D:

1. The decision of the Arbitration Court of the city _______ dated __________ in case No. __________________ on the claim of LLC "_____________" to LLC "_______________" for debt collection - amend.
2. Adopt a new judicial act in the case, by which the claims of LLC "____________" to LLC "______________" for debt collection are partially satisfied by collecting from LLC "____________________" in favor of LLC "____________" in compensation of the debt ______ rubles __ kopecks.
3. To recover from LLC “_____________________” in favor of LLC “_____________________” the costs of paying the state duty in the amount of __________ rubles.

Application:
1. receipt for payment of state duty;
2. copies of the appeal;
3. receipt for sending a copy of the appeal to the plaintiff;
4. copy of the decision of the Arbitration Court of ________ dated ___________;

CEO
OOO "____________________" _____________

" " ________________ of the year

An appeal to an arbitration court is a procedural document in which the applicant requests to cancel or change a decision of the first instance that has not entered into legal force.

Basic rules for filing an appeal in arbitration

An appeal, drawn up in accordance with the rules established by Chapter 34 of the Arbitration Procedure Code of the Russian Federation, has the following features:

• the appeal is filed by persons who participated in the case (plaintiff, defendant, third party) or who did not participate (if a judicial act was made in relation to their rights and obligations);
• its filing is possible only in relation to a decision that has not entered into force;
• submitted through the first instance;
• the applicant cannot include new requirements that were not the subject of consideration in the court of first instance.

In order for your appeal against the decision of the arbitration court to be satisfied, make sure that there is at least one of the grounds provided for this Article 270 of the Arbitration Procedure Code of the Russian Federation:

• incomplete determination of circumstances relevant to the case;
• failure to prove the circumstances established by the judge that influenced the outcome of the case;
• discrepancy between the judge’s conclusions and the available evidence;
• violation or incorrect interpretation by a judge of substantive or procedural law.

According to Article 262 of the Arbitration Procedure Code of the Russian Federation, a person participating in the case has the right to send his response to the appeal to the arbitration court, citing his arguments and objections. The review is drawn up according to the same rules and form as the appeal.

Procedure for compilation

Step 1. Hat, which includes:

• full name of the court;
• details of persons participating in trial(for organizations this is the name, INN, OGRN, address, for individuals - full name, passport details and contact information);
• name of the arbitration court that made the appealed decision, case number, date of the decision, subject of the dispute.

Example:

To the Fifth Arbitration Court of Appeal

191000, St. Petersburg, st. Petrovskaya, 55

through the Arbitration Court of St. Petersburg and

Leningrad region

191000, St. Petersburg, Ivanovskaya st., 1

Plaintiff: Odin LLC

Address: 191000, St. Petersburg,

st. Sidorovskaya, 53.

Defendant: LLC "Dva"

191000, St. Petersburg,

st. Kuznetsovskaya, 33.

Price (cost) of the claim: 11,111 rubles. 11 kopecks.

Amount of state duty: 3000 rubles. 00 kopecks

Appeal

On the decision of the Arbitration Court of St. Petersburg and the Leningrad Region dated November 11, 2017 in case No. A11-22222/2020

Step 2. The main part of the appeal. Here you need to describe the essence of your requirements and the grounds on which you are appealing the decision. To increase your chances, you should provide references to laws and other significant circumstances that are relevant to the case.

Example:

LLC “Odin” filed a lawsuit against LLC “Dva” to collect the debt for the delivered goods in the amount of 22,222 rubles. 22 kopecks.

By the decision of the Arbitration Court of St. Petersburg and the Leningrad Region dated November 11, 2017 in case No. A11-22222/2017 from Dva LLC in favor of Odin LLC, 333,333 rubles were recovered. 36 kopecks of debt and 3333 rubles. 26 kopecks penalty, total RUB 336,666. 62 kopecks, as well as 2632 rubles. 83 kopecks to reimburse the cost of paying the state duty.

Odin LLC does not agree with the decision made, considers it illegal, since the court of first instance did not fully examine the evidence in the case, the court’s conclusions do not correspond to the circumstances of the case, and the rules of substantive (and procedural) law were incorrectly applied.

When concluding the specified supply agreement in clause 6, the parties provided for a letter of credit form of payment. This assumes that the supplier fulfills its obligations under the supply agreement after the buyer issues the letter of credit. But the supplier Odin LLC, without waiting for the letter of credit to be opened, delivered the goods to Dva LLC, and therefore violated the delivery procedure stipulated in the contract on the basis Art. 509 And 516 Civil Code of the Russian Federation. But the court did not take this circumstance into account when making a decision in the case under consideration. And he ruled in favor of the plaintiff, referring to Art. , , 516 of the Civil Code of the Russian Federation, recovered 44,444 rubles from Dva LLC. 36 kopecks of debt and 5555 rubles. 26 kopecks penalty.

LLC “Dva” does not agree with this decision, as it believes that it is based on the incorrect application of civil legislation. Thus, the court decision to collect the debt, penalties, as well as the amount to reimburse expenses for paying the state duty, for a total of 666,666 rubles. 46 kopecks is erroneous.

Step 3. Making a request. A sample of an appeal to arbitration shows that it usually contains references to articles of the APC and the word “please”. You can ask to cancel the decision in whole or in part.

Example:

Considering the above and guided by Art. 257, 260, - 270 Arbitration Procedure Code of the Russian Federation,

ASK

Cancel the decision of the Arbitration Court of St. Petersburg and the Leningrad Region dated November 11, 2017 in case No. A11-22222/2020 and refuse Odin LLC to satisfy the claims in full.

Step 4. Final part. It contains a list of attached documents, the signature of the applicant (or the person who represents his interests by proxy) and the date of drawing up the document.

Example:

Application

List of attached documents in accordance with Part 4 of Art. 260 APK. The documents are attached in the following order:

1. A copy of the contested decision.
2. A document confirming payment of the state duty.
3. A document confirming that a copy of the appeal has been sent to other persons.
4. A copy of the power of attorney for the right to sign the appeal, if the complaint is signed by the applicant’s representative.
5. Petitions, if any.
6. Other documents relevant to the case.

If you do not want your appeal to be left without progress, you must attach the following documents to it:

• a copy of the contested decision;
• receipt of payment of state duty;
• confirmation that the complaint has been sent to all persons involved in the case (postal checks);
• a power of attorney or other official document confirming the authority to sign the appeal.

Please note that the complainant is obliged to send to all participants in the case not only the text itself, but also all attached documents. This can be done either by registered mail with notification, or in person against signature.

Deadlines for submission and review

In accordance with Article 259 Arbitration Procedure Code of the Russian Federation, the parties have a month to appeal after the verdict. Current legislation provides for the possibility of extending the deadline for filing an appeal in the arbitration process if the applicant had valid reasons for missing it. To do this, it is necessary to submit a corresponding petition, indicating in it the reasons for the untimely filing of the appeal (illness, long departure, etc.). Also, the term will be restored if the applicant proves that he did not know about the court decision, the content of which affects his rights and obligations.

The Arbitration Procedure Code of the Russian Federation also establishes a reduction in the time for appeal (10 days) for some categories of cases, for example:

• in cases of bringing to administrative responsibility;
• in cases considered through simplified proceedings;
• in bankruptcy proceedings.

It is also necessary to remember that the appeal is filed through the first instance, which, in turn, transfers it to the appellate court within three days along with all the case materials.

To cancel or change a decision court of appeal of the first instance, which has not yet come into effect, a special procedural document is drawn up and filed - an appeal. Next, we will consider by whom and how it is issued, when and in what order it is submitted, and whether payment of state duty is required.

When and by whom is an appeal filed?

The ruling made by the arbitration court can be challenged by filing a complaint through the same court, as indicated in paragraph 1 of Art. 257 Arbitration Procedure Code of the Russian Federation. As a rule, cases that are related to contractual relations or implementation are appealed. entrepreneurial activity. For example, cases concerning:

• protection business reputation companies;
• challenging contracts;
• or bankruptcy of the organization;
• compensation for losses, etc.

The following persons have the right to challenge a judge’s decision:

• persons who took part in the case, including the plaintiff and defendant;
• persons who are not parties to the case, but the decision made directly concerns their rights and obligations;
• persons who are legal successors of the parties to the case, but who do not participate in the proceedings, after which an unsuitable decision was made;
• the prosecutor, even if he participated in court proceedings, but if the case is specified in paragraph 1 of Art. 52 Federal Law No. 95, as established in paragraph 1 of the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation.

In order for a complaint to be satisfied, there must be the grounds specified in Art. 270 Arbitration Procedure Code of the Russian Federation:

• the facts that influenced the consideration of the case were not fully or incorrectly determined;
• the adopted determination does not correspond to the evidence considered during the trial;
• the determination was made in violation or incorrect interpretation of applicable legislative norms;
• the case was considered by a judicial panel that was not legally composed;
• the case was considered without persons who were improperly notified of the time and place of the hearing.

If the decision of the arbitration court is made in violation of accepted norms, it is subject to challenge.

Submission deadlines

In Art. 259 of the APC establishes rules regarding the timing of filing a complaint, according to which an appeal can be filed within a month after the decision was made. Then, within 3 days, the complaint is forwarded to the higher court, and all available materials on the case are attached to it.

It is worth noting that some cases are subject to short deadlines - they can only be appealed within 10 days from the date of the verdict. These are:

• cases related to bringing to administrative responsibility;
• cases that were considered in a simplified manner;
• cases regarding bankruptcy of organizations.

If the deadline has expired, only in one case will it be possible to start the paperwork - to restore it by filing an appropriate petition. In order for a satisfactory decision to be made regarding reinstatement, a valid reason for the original missed date must be provided. This could be:

• serious illness, long business trip, ignorance of the deadline for appeal and other circumstances that are directly related to the applicant;
• ignorance of the court verdict directly affecting the rights and obligations of the applicant;
• receiving copies of the court decision after the period during which the execution was subject to appeal;
• lack of clarification by the court regarding the appeal procedure.

Only those complaints for which the appeal period has not expired or are accompanied by a petition with a request to restore this period are accepted for consideration.

Drawing up a complaint and its sample

If the complaint is filed incorrectly, the court may refuse to accept it for consideration, so this issue must be submitted Special attention. The complaint can be filed with the help of a professional lawyer or independently; in any case, it must meet the requirements specified in Art. 260 APK.

It is filled in in this order:

1. The “header” of the application is drawn up, which consists of the following information:

• full name of the judicial authority;
• details of the parties involved in the case, for example, the plaintiff and the defendant ( legal entities indicate the name, TIN, OGRN and address, and individuals - full name, address of registration and actual residence, contact information);
• case number;
• document title (centered);
• full name of the court that made the unsuitable decision, the date of its adoption.

2. The main part is written, which consists of the following data:

• date of the verdict and its essence (claims of the plaintiff, facts established by the court);
• the essence of the requirements and grounds on the basis of which the court verdict needs to be canceled or changed (to increase the chances of a successful appeal, it is worth referring to laws and circumstances that are of factual significance for the case).

The complainant has no right to demand something that was not considered in the appellate court of first instance. If there are new requirements, you will need to contact the arbitration court with a corresponding application.

3. The pleading part is indicated, which begins with the word “I ask” from the central part of the sheet. It is noted here whether the applicant wishes to completely reverse the decision or change its parts directly related to the identity of the applicant.

4. A final part is drawn up, which lists the names of the documents that are attached to the complaint. The part begins with the word “Applications”. So, to increase the chance of a successful appeal, you should attach the following documents:

• a copy of the unacceptable decision;
• a receipt confirming the fact of payment of the state fee (or documents stating that the applicant has benefits when paying the fee, or a request for an installment plan/deferment in payment or reduction of the amount of the fee);
• supporting documents stating that all parties to the case received a copy of the appeal (for example, such documents may be postal checks);
• a document stating that the person signing the complaint has grounds for this (for example, a power of attorney).

All documents attached to the complaint can be submitted in electronic format.

5. The signature of the applicant or his legal representative is placed opposite his initials, as well as the date of the complaint.

How to submit documents?

According to paragraph 1 of Art. 260 Federal Law No. 95, documents can be submitted in two formats:

• Written. The package of papers can be submitted directly in person to the court office or by registered mail, in which case you will need to make an inventory of the attachment and receive notification of the successful delivery of the letter.
• Electronically. All papers can be sent through the official website of the arbitration court. This was determined by the resolution of the Plenum of the Supreme Arbitration Court No. 80 of November 8, 2013.

It is necessary to send a complaint with a package of papers not only to the court, but also to all persons participating in the trial. According to paragraph 3 of Art. 260 Federal Law No. 95, this can be done by registered mail with receipt of receipt or by personal delivery with a receipt.

Without attaching a receipt confirming payment of government fees, the complaint will not be accepted, so review of the case will be impossible. To avoid this, you will need to pay a fee. Its amount is 50% of the state duty for filing a claim of a non-property nature, as specified in subparagraph. 12 clause 1 art. 331.21 of the Tax Code of the Russian Federation. So, if the state fee for a property claim is 6,000 rubles, then the state fee for filing an appeal is 3,000 rubles.

If the court satisfactorily considers the claims raised in the complaint, the applicant's opponents will likely be held liable for all legal costs.

Terms of consideration

According to Art. 267 of the APC, the appeal must be considered within 2 months from the date of its receipt. But it is worth noting that the paperwork will not be opened at all due to the following reasons:

• the complaint was filed by a person who does not have the right to do so;
• the applicant requests an appeal judgment, which cannot be reviewed in the framework of appeal proceedings;
• the deadline for filing an appeal has expired;
• the complainant personally withdrew his application;
• there are grounds on which the application should remain without progress (Article 263 of the APC).

If the court decides to return your appeal, after correcting any shortcomings, it can be resubmitted.

So, if the ruling of the appellate court has not yet entered into legal force, it can be appealed. To do this, a complaint must be sent to the court of first instance within 30 days from the date of proclamation of the unsuitable decision. It must be drawn up correctly, otherwise the appeal proceedings will not be initiated.

Not in every situation commercial organization can achieve a fair court decision. When considering a dispute, errors may be made in assessing or interpreting evidence. We often encounter misinterpretations of legal norms.

If the interested party does not agree with the conclusions in the decision, then an appeal is filed with the arbitration court. A new stage of the trial begins.

An appeal is a review of a court decision that was made but did not enter into legal force. When appealing, a citizen can achieve one of several goals:

• review the arbitration conclusions made on the basis of proven facts;
• correct the violation of the law;
• use new means of evidence that the party did not present earlier for objective reasons;
• cancel an unlawful ruling.

The decision of the trial court is not final. Any state institute may make a mistake, and an appeal is a way to protect one’s legitimate interests. Checking the validity and legality of verdicts serves as a prevention of corruption crimes and neglect of professional duties. The procedure is regulated by Chapter 34 of the Arbitration Procedure Code of the Russian Federation.

In most cases, organizations complain about the incompleteness of the study of the circumstances of the case and the unfoundedness of the conclusions. But the most effective factor in changing the decision is the presentation of new documents or evidence.

An example is the presentation of new evidence when, in the first instance, a request to include it in the case was rejected. You can also apply for an examination if the party considers it necessary to correctly resolve disagreements.

In this case, the submission of new claims or counterclaims is not allowed. To do this, the organization should contact the first instance. This provision is contained in Article 266 of the Arbitration Procedure Code of the Russian Federation.

How to compose?

The document must contain the following information:

• name of the court where the complaint is filed;
• information about the parties to the dispute, third parties;
• information about the case: subject of the dispute, cost of the claim;
• information about the decision made;
• a description of the basis for filing an appeal with references to the rules of substantive law and evidence available in the case;
• references to articles 257, 259, 260, 270 of the Arbitration Procedure Code of the Russian Federation;
• the applicant's requirement;
• list of applications;
• position, surname and initials, signature, date of registration.

A copy of the contested decision must be attached to the appeal, payment order on payment of the state fee and confirmation that other participants in the first process received copies of the complaint for review. Otherwise, the appeal will not be accepted for consideration on the basis of the provisions of Article 263 of the Arbitration Procedure Code of the Russian Federation. These deficiencies can be corrected later if necessary.

A sample appeal against a decision of the arbitration court can be downloaded here. But the text should be finalized based on the conclusions reflected by the court in its decision. The law prohibits filing unfounded appeals - such complaints are returned to the applicant.

Submission procedure and deadlines

Interested parties have 30 days to appeal to a higher authority. Time is given to analyze the court's findings and prepare an appeal.

The deadline for filing a complaint is restored or extended if the person had objective reasons for missing it. They usually concern violations of procedural deadlines for sending a decision or mail errors. Coordination of document preparation, personnel issues, change of director, and lack of a qualified lawyer on staff are not considered valid. This position is set out in paragraph 14 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation No. 36 of May 28, 2009.

An appeal against the decision of the arbitration court is filed with the body that considered the dispute at first instance. There the document will be accepted, a file will be attached to it and sent to a higher authority. The other party receives a copy of the complaint and prepares a response. It contains objections on the merits of the claims

The procedure for filing a complaint provides for the right to appeal to a higher authority for all persons who are affected by a previously made decision, which is established by Article 16 of the Arbitration Procedure Code. A citizen or organization may not have participated in the process, but can protect their interests on the basis of Article 42 of the APC.

To review the application, you will have to pay a state fee of 3,000 rubles.

Grounds for refusal to consider

Article 264 of the Arbitration Procedure Code contains reasons for which a complaint is returned to the sender:

• the person did not have the right to file such an application in court;
• the sender requested the return of the complaint;
• the law prohibits challenging a court decision or ruling in this manner;
• the application deadline has been missed;
• the circumstances that led to the abandonment of the complaint were not eliminated.

Varieties

In legal practice, a short appeal was formed. The essence of the phenomenon is to challenge the court's conclusions only on the basis of the operative part of the decision.

The courts are suffering due to high workload. Economic legal relations require the analysis of many documents, and the court’s conclusions must be based on certain evidence. Often judges do not have time to quickly draw up the reasons for the decision, which leads to a violation of the procedure for sending procedural documents to the parties and third parties.

There is a legal mechanism to restore the deadline for filing an appeal. But in this case, a separate appeal and another meeting will be required.

The solution was a short complaint. A lawyer representing the interests of a company in court listens to the arguments of the other side of the dispute and predicts how the conclusions of the operative part will be substantiated. Based on this, an appeal is drawn up to a higher authority.

If the court considers the grounds for appeal to be too general, a decision will be made to leave the document without movement. Until the applicant corrects the existing shortcomings. By this time, the decision of the first instance will already be at the disposal of the organization, which will make it possible to more specifically describe the shortcomings of the conclusions of the first instance.

An appeal may also be filed against the ruling of the arbitration court. Various issues may be resolved during the process:

• on the appointment of an examination;
• on the introduction of a monitoring procedure (when it comes to bankruptcy);
• about the return of the claim;
• others.

Such determinations can also be appealed. If the court finds the appeal unfounded, it will leave the document without movement on the basis of Article 263 of the Arbitration Procedure Code. The organization will have time to prepare a detailed addition to the appeal, where all shortcomings will be corrected.

An appeal in the arbitration process should not be used to delay the resolution of the dispute, but to eliminate shortcomings in the legal proceedings.