The appeal to the arbitration court provides for a retrial of the case by the appropriate authority. According to the legislation, the parties to the process and other persons, if they disagree, have the right to submit an appropriate petition in case the resolution has not entered into force. The law also provides for an appeal against the decision of the arbitral tribunal.
In a civil proceeding, an expression of disagreement is allowed on a court order. So, when considering the case by the city court, the appeal is not provided.
The pending application is submitted through the authority that issued the decision. After receiving the appeal, it is sent to the appropriate court within a period not exceeding three days.
When submitting the application, the person should know that he is not entitled to present new requirements. The law provides for actions only in the framework of the trial in the first instance. In accordance with the general regulatory requirements, the appeal is allowed to be filed within a month from the date of adoption of the appealed decision.
However, in practice there are exceptions. For example, if there is a court decision in the case of administrative responsibility, the period during which the appeal can be filed is reduced to ten days. The same period is provided for the act issued in relation to the case challenging the decision on establishing administrative responsibility. Ten days have also been established for filing a complaint regarding the imposition of a judicial fine.
Of course, there are different cases in life. In this regard, it is impossible to completely exclude the possibility that the interested party may miss the deadline for submitting a request. Skipping is allowed in accordance with objective reasons. In certain cases, the court restores the term in accordance with the request of the person who filed the appeal. It should be noted that this situation is possible if the applicant’s arguments are convincing and justified, and the reason for missing is valid.
An appeal should be filed in compliance with all the rules of the procedural code. The request, otherwise, will be returned without consideration.
The appeal contains information about the body to which it is submitted, information about the court in which the decision (order) was made, information about the participants in the proceedings, date of adoption, case number, description of the subject of the case. The text also indicates the requirements of the citizen, the grounds in accordance with which he considers the cancellation or amendment of the decision necessary. It should be understood that mere conclusions, even, of course, logical ones, are not enough. The applicant should reinforce the arguments with a reference to certain rules of procedural or substantive law. In this case, you can not do without legal assistance.
The content of the appeal must contain a copy of the contested decision. In addition, the receipt should be attached to the petition, a document confirming the sending of the petition to other participants in the proceedings, as well as a power of attorney or other document certifying the credentials of the person who signed the claims.
Subject to all the rules, the court will accept the complaint for consideration within 5 days after receipt. In this case, an appropriate determination will be made, which, among other things, will indicate the date and time of the meeting.
If the court finds violations in the form of a complaint or in its content, the case will be left without movement. The petition will be returned with an indication of the deadline for making corrections on the violations identified.