Persons who are parties to the case, as well as other participants whose presence is provided for by the arbitration proceedings, are entitled to appeal the decision and court ruling in the manner provided for in Article 188 of the Arbitration Procedure Code of the Russian Federation. The system of courts of arbitration is rather complex and diverse. A simple layman, having received a judicial act that violates his rights, is unlikely to be able to appeal this decision himself. And not everyone has money for the services of a lawyer. This article will provide free legal advice and answer questions about the court system, the procedure and timing for appealing against rulings, as well as other pressing issues related to litigation.
Ship system
The structure of arbitration courts differs depending on the functions and the amount of work that they perform. According to Article 3 of the Federal Law on Arbitration Courts, the system is divided into:
- arbitration courts of first instance;
- court of appeal;
- courts of cassation;
- supervisory authorities.
Arbitration courts resolve property disputes between enterprises and state bodies. In the event of land, property, financial relations between legal entities and governing bodies, disputes may arise that are based on the violation by the latter of the rights and interests of the former.
Courts of Appeal
Courts of appeal verify the decisions of the first instance, examining them in terms of law. Their powers, the order of formation and activities are indicated in chapter 3.1 of the Federal Law on Arbitration Courts.
Court of Cassation
The district arbitration courts examine the legality and validity of the decisions of the first instance and appeal. These courts are used as the second stage of appeal of previous decisions. But they are the first instance regarding cases of awarding compensation for a violated right to a trial in due time and for a violated right to execute court decisions.
Arbitration Courts
Like the listed bodies belonging 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 subordinate to them, except for those that are within the competence of the Supreme Arbitration Court of the Russian Federation. But also the courts of this jurisdiction have the right to re-examine in the appellate court cases that have already been resolved earlier. The arbitration tribunal may review the case for new circumstances, as well as refer it to the Constitutional Court of the Russian Federation on the legality of the normative act that was applied or is to be applied in the case.
The powers of the arbitral tribunal of the first instance, the formation procedure and its activities are specified in Chapter 4 of the Federal Law on Arbitration Courts. The section also contains provisions on the Presidium, collegiums and judicial structures.
What matters does the arbitral tribunal of the first instance hear? Basically, these are economic disputes in which legal entities participate, and other matters related to business and financial activities.
At present, in the Russian Federation there are 81 judicial entities of first instance. One of the leading ones is the Arbitration Court of the Leningrad Region and St. Petersburg.
During each trial, a protocol is recorded that records all procedural actions by the participants in the process. During the trial 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 collegiate composition of judges operates during the trial of the court of arbitration of the first instance according to the rules specified in the RF agribusiness and other regulatory documents. All judges have equal rights and obligations to the participants in the process and during the decision.
The order of consideration of cases in the arbitral tribunal
Legal proceedings begin from the moment of filing a statement of claim in duplicate. One copy of the claim will be sent to the person to whom the claims are presented. It is worth recalling that the application is filed at the location or residence of the person who is charged.
The term for consideration of the case by the arbitration court of the first instance may not exceed two months. After processing the claim, the court decides, in which it voices all the actions necessary to prepare for the trial. The consideration of the case takes place during a trial of three judges, except in cases where the dispute is resolved by the judge alone. All members of the board have equal rights in resolving all issues.
A judicial act shall enter into force one month after its adoption. Samples of decisions of the arbitration court of first instance can be found on the website of the state body.
Considering the case, the court has the right:
- Go beyond the lawsuit.
- Reduce the amount of the penalty (in exceptional cases).
- Delay (installment) the implementation of the decision.
The decision is announced in the courtroom after the trial. The judge has the right to read only the operative part of the determination. If the parties or their representatives fail to appear, the court may consider the case on the merits and without them, if this does not preclude the settlement of the dispute.
Cancel the determination of the arbitral tribunal of first instance
One of the main ways to realize legitimate interests is the right to judicial protection. It should be implemented not only by filing lawsuits, petitions and statements in court, but also by appealing against judicial errors. Appeal of decisions occurs with the help of:
- appeal;
- first cassation;
- second cassation;
- supervision.
Protection against judicial errors implies that a participant in the process may appeal to a court of a higher jurisdiction and declare the unfairness of a decision of a court of a previous instance. This right is exercised by sending an appeal or cassation appeal.
In the activities of any society, the moment may come when it is necessary to protect your rights by going to court. If the court satisfies the claim and finds the requirements lawful, 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 against decisions of the arbitration court of first instance is.
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
The appeal against the ruling of the arbitration court is only the first stage of protecting rights and interests. In the appeal process, it is important to remember the procedure and deadlines for submitting the application. Since this will not only help determine the time frame, but also protect against loss of appeal.
The appeal court lodges complaints against court documents that have already been announced, but have not yet entered into force. Accordingly, the time limit for appealing against a decision of a court of arbitration of the first instance cannot exceed one month, because, as mentioned earlier, a judicial act issued at the end of a hearing of a case comes into force after a month from the moment of announcement. This does not apply to the following cases:
- regarding intellectual property rights (decisions take effect immediately after being made);
- on administrative responsibility (the decision is implemented within ten days).
In Russia, there are twenty-one subjects of appeal. Some of them consider complaints at a specific arbitration court, while others combine several areas. For example, an appeal of the decision of the arbitration court of the Leningrad Region and St. Petersburg should be directed to the Thirteenth Arbitration Court of Appeal of the same city.
At the end of the judicial act, the court where the appeal is filed is indicated. But it can also be found on the website of the arbitration court, which decided 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 court that issued the decision, but it is possible to take the appeal in person to the office of the court of appeal or send it by mail. It must be taken into account that this is possible only if the other party has already instituted appeal proceedings. In all other cases, the complaint should be directed through the court that announced the judicial act.
The time period for appealing a decision of the arbitration court of the first instance shall be calculated from the moment the decision is announced during the court session 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 court’s decision on the case was posted later than the required time, this is the basis for its extension.
Information on whether the applicant has complied with the deadline for appealing against the decision of the arbitration court of the first instance will be considered based on the date on the envelope or receipt on sending the application to the court. If there are several stamps, the court will have to focus on an early date.
The complaint can also be sent electronically on the arbitration court website. In this case, the period of appeal, which is specified in paragraph 6 of Art. 188 APC of the Russian Federation, will be calculated from the moment the appeal is received on the My Arbiter server.
Resuming missed deadlines
The deadline for submitting an application can be restored when it was missed for reasons that were not dependent on the person (for example, if he did not have data on the appealed decision).
The restoration of the term shall be based on the application. However, the submission of the application is also limited in time, namely, 6 months from the day the results of the meeting are announced. After six months, it will not be possible to resume the elapsed application period.
The applicant has the right to demand the restoration of the term if the court violated the procedure and terms for the publication of the judicial act. If the person who is going to appeal the decision has spent more time than the delay of the arbitral tribunal, you need to establish whether the applicant had enough time to prepare all the necessary materials to file the complaint.
If the person did not participate in the case
If a person was not invited to a trial, but his interests were affected by a court decision, he has the right to appeal the decision in a general manner.
The procedure for appealing against the decision of the arbitration court of the first instance is similar to that which was indicated earlier. The possible period of application will be calculated from the day when the person discovered or should have discovered the violated rights. The length of time for submitting a complaint is the same as in the previous case, although the period must be renewed. But it is worth remembering that it will expire within 6 months from the date of announcement of the decision.
For example, a company that has missed the appeal deadline may turn to a friendly organization whose rights are also violated by a judicial act in order to renew the deadline.
The arbitral tribunal may restore the time limit, but for this the applicant must have good reason for missing and the admissible period for submitting the application must not be exceeded.
The term is not restored
To restore the appeal deadline, the following shall not be recognized as valid reasons:
- the applicant has no information about the court decision, if the court has evidence to the contrary;
- coordination with a higher authority;
- stay of the representative on vacation;
- rearrangement of personnel;
- lack of a specialist in the company staff;
- other internal problems of the legal entity.
The fact of missing the application period will be clarified even if the appeal has been accepted for consideration. The court must find out the reasons for the failure to appear within the prescribed period. If the reason was valid, the proceedings continue. Otherwise, the appeal proceedings are terminated.
Appeal Review
The court is guided only by the evidence that was already earlier in the case. A judge may add new materials only if:
- The previous court groundlessly refused to attach this evidence.
- They really are of serious importance to the cause.
Having examined the complaint in the proceedings, the court pronounces the verdict in the form of a decision. The judge may announce the following verdict:
- dismiss the appeal;
- announce the new verdict in the case, changing or repealing the previous decision of the arbitration court;
- to withdraw the statement of claim in whole or only in a certain part, having canceled the decision of the previous court in whole or in part.
The court, having canceled the previous decision, may reconsider the case on the merits.
A new decision of the court of appeal shall enter into force upon its announcement.
Cassation instance
The next court, where you can appeal to appeal previous decisions, is cassation. It is necessary to file a complaint with the Federal Arbitration Court of the district. For the application to be considered, the following conditions must be met:
- the case was examined in the court of appeal;
- The previous court refused to restore the missed deadlines.
That is, if it was not possible to restore the term, you can contact the cassation court, where the application period is a little longer. The time limit for filing an appeal with the Federal Arbitration Court of the district is two months. But there are exceptions. The period for filing a cassation appeal will be equal to one month for appeal:
- an amicable settlement between the parties;
- the decision in the case of a regulatory document;
- execution of a court order of a foreign state;
- determination of the arbitral tribunal and the executive document issued by it.
A cassation appeal is sent through the court of the subject, the decision of which is subject to appeal. The application can be submitted in person, by mail or through the court’s official website in the “My Arbiter” section.
The complaint should indicate the following:
- The full name of the authority accepting the application.
- Information about all persons who participate 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.
- The person’s request to verify the legality of the decision, indicating the sources of regulatory documents, facts of the case and material evidence.
- The list of documents accompanying the case in the application.
- 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, which is appealed;
- receipt of payment of state duty;
- if the representative submits the application, he must have a power of attorney to sign documents and conduct business on behalf of the principal.
Supervision
The final authority for appealing against previous decisions is supervisory. All judicial acts that were passed earlier are subject to re-trial. The review of the case is carried out in several stages:
- A statement is sent to appeal the decisions to the Judicial Board of the Supreme Court of the Russian Federation on economic disputes (the deadline must not exceed three months from the date of the last ruling).
- The case is referred to the Presidium of the Supreme Court of the Russian Federation, if it is accepted for consideration.
The complaint sent to the highest authority of the judicial system is transmitted there personally, by mail or in electronic form 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 status, as well as data on all participants in the proceedings;
- full details of the judicial act being reviewed;
- information about other decisions that were adopted in the process of appealing decisions;
- grounds for dispute;
- the applicant's arguments with reference to regulations and procedural evidence;
- a package of documents required by the application;
- signature and date.
And in the application for compensation for violation of the right to judicial review in due time, it is necessary to indicate the following:
- the length of the trial (from the day the lawsuit is filed to the date the last act was announced);
- reasons that influenced the length of the proceedings;
- the applicant's arguments indicating the basis of cost compensation;
- the significance of the violated right to the applicant;
- bank account details.
The documents that are attached to the application to the supervisory authority are presented:
- power of attorney, if the activity is carried out by a representative;
- financial documents;
- copies of judicial acts.
Legal advice
Practice shows that most of the deadlines for appealing were missed due to delays by the court in issuing the final variation of the decision. Yes, you can restore the deadline for filing a complaint. But it is worth remembering that the restoration of missed deadlines is a right, and not an obligation for the court. Therefore, it is not a fact that the application period will be extended and the applicant will have time to draw up a challenging document.
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