Sample (example) of an appeal to the Ninth Arbitration Court (Moscow).
The dialectic of the judicial confrontation is such that the decision of the arbitration court cannot please both parties. One will definitely be a loser, and at best, she will come to terms with defeat. But humility is not inherent in all losers. When the court decision does not suit the losing party, it can still continue the fight, using the opportunity provided by law to file an appeal.
By filing a complaint with a higher court, the party dissatisfied with the decision made declares its disagreement with the arbitration court. However, the purpose of filing an appeal is not always to actually review the decision. It happens that the position of the plaintiff or defendant is clearly unfavorable, but, nevertheless, the complaint is still filed. In this case, the complaining party's goal is to delay the case. Continuing the consideration of the case in the appellate courts allows you to gain time, which may be necessary in a number of situations - for example, if it is important to receive the final court decision on a tax dispute as late as possible.
It happens that the winning party also files a complaint against the decision of the arbitration court. This is advisable if the court did not satisfy all claims, their size was reduced, etc.
[1] In any case, an appeal to the appellate authority is a chance to solve certain legal problems, which means you should prepare for filing it as thoroughly as possible. The most important thing is not to miss the deadline for filing a complaint and compliance with the procedure for filing it established by law.
Deadlines for filing an appeal against a decision of the arbitration court
An appeal is filed when one of the parties involved in the trial does not agree with the decision made. This right is granted to the plaintiff, defendant, persons whose property and procedural rights were affected in the final decision, as well as their representatives acting on the basis of a notarized power of attorney.
The time limit for challenging a decision is limited - up to 30 calendar days from the date of the official announcement of the verdict in court.
The secretariat of the arbitration court is not obliged to send copies of the court decision to all participants in the trial. All information is placed in the file of arbitration cases; all parties, if desired, can gain free access to it. Accordingly, if the plaintiff or defendant did not familiarize themselves with the decision in a timely manner, this is not a reason to extend the deadline for filing an appeal.
The Arbitration Procedure Code of the Russian Federation contains a number of requirements that must be taken into account when filing an appeal:
it is impossible to expand the list of demands by adding those that were not included in the decision of the first instance court;
the subject of the complaint is violations in the field of substantive or procedural law;
the applicant can appeal the decision either in whole or in part.
If several participants in the trial filed a complaint against the decision of the arbitration court, all of them will be considered in one court proceeding.
Grounds for refusal to consider
The generally accepted reasons for dissatisfying a citizen’s request to accept a claim include:
the applicant does not have the right to commit actions of this nature;
deadline has not been met ;
It is prohibited by law to challenge the decision in accordance with the established procedure.
Also, the request cannot be implemented if the applicant independently applied for the return of the complaint.
How to draw up and submit an appeal to the arbitration court
Unlike civil proceedings, the Arbitration Procedure Code allows for filing a complaint not only in writing, but also in electronic form. In the first case, the complaint and the necessary package of documents should be submitted to the office of the court, which made the decision that was unlawful, in the opinion of the applicant, or sent by registered mail with a list of the attachments. The applicant must also forward a copy of the complaint to other participants in the process. The application must be accompanied by confirmation that other parties will receive a copy of the complaint.
The appeal is filed electronically through a file of arbitration cases. To use this method, the applicant must register with an active electronic digital signature of at least a qualified one. At the same time, the requirements for the content and procedure for drawing up documents for the two methods of filing a complaint are identical.
In Art. 260 of the Arbitration Procedure Code of the Russian Federation contains information regarding the data that must be contained in the complaint:
details of the applicant and the court whose decision is subject to appeal;
case number, date of adoption, subject of dispute;
applicant's requirements;
facts confirming the validity of the requirements;
list of documents that are attached to the appeal.
The appeal may contain telephone numbers, emails, other information necessary to consider the case, as well as existing petitions.
The complaint is registered with the court that made the decision. There are 21 appellate arbitration tribunals operating on the territory of the Russian Federation; the complaint must be addressed in compliance with the jurisdiction.
After receiving the materials, the complaint will be sent to the appropriate authority, which will notify all participants of the date, time, and place of consideration of the application. Participation of the parties is voluntary. They may raise their objections during the review.
What it is
An appeal is an objection to review a court decision in a specific case that has already been issued, but has not yet entered into force on the date of the appeal. In most cases, the interested party pursues the following goals:
review the decision made by the arbitration tribunal, taking into account new facts;
correct the violated positions of legislation;
apply new tools to prove your own version, which were not previously implemented for objective reasons;
cancel a decision made unlawfully.
If the court of first instance made a specific decision, then you need to understand that it is not final - nevertheless, any public service can make a mistake.
Checking the validity largely contributes to the prevention of corruption offenses and the judge’s negligent attitude towards assigned official duties.
How to file an appeal against an arbitration court decision in the regions of the Russian Federation
