How to appeal

Article 260 of the Arbitration Procedure Code of the Russian Federation. Form and content of the appeal (current version)

1. An appeal can be filed in two forms: written and electronic. The written form of the appeal involves a written statement of the content of the appeal on paper. The electronic form of the appeal involves filling out a form posted on the official website of the arbitration court on the Internet.

2. The appeal must indicate:

1) the name of the arbitration court to which the appeal is filed - the name of one of the appellate courts operating in the Russian Federation must be indicated (see commentary to Article 258 of the APC);

2) the name of the person filing the complaint and other persons participating in the case - the name is indicated in accordance with the constituent documents of the legal entity and the data contained in the Unified State Register of Legal Entities; for citizens, the last name, first name, and patronymic are indicated according to identity documents;

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 - the data is indicated in accordance with the text of the appealed judicial act;

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 regulatory legal acts, the circumstances of the case and the evidence available in the case - the requirements of the person and the grounds for such claims are indicated in conjunction with provisions of Art. Art. 269 and 270 APC; It is advisable to present the circumstances of the case and the evidence available in the case with reference to the sheet numbers of the case, for which it is necessary to familiarize yourself with the case materials in advance, however, from the point of view of the law, a page-by-page reference is not required;

5) a list of documents attached to the appeal - the documents attached to the appeal must be named and listed individually; For documents, it is necessary to indicate their identifying details (date, number).

The appeal may contain telephone numbers and other information necessary for consideration of the case, as well as existing petitions. In particular, a petition to restore the missed deadline for filing an appeal is submitted simultaneously with the appeal and can be presented in the form of a separate document or contained in the text of the appeal.

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, which in itself does not contradict the rules of Chapter. 34 APK. One complaint may contain demands for appeal, in particular, decisions and rulings to return the counterclaim or rulings to leave the counterclaim without consideration. In this case, the appellate court issues one ruling on acceptance of the appeal for proceedings. Filing one appeal against judicial acts adopted in the consideration of different cases is not allowed.

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. This rule is aimed at ensuring the opportunity for other persons to prepare a response to the appeal in a timely manner.

4. As a general rule, the following must be attached to the appeal:

1) a copy of the contested decision - required by law, however, as stated in paragraph 21 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated May 28, 2009 N 36, failure to attach a copy of the contested judicial act does not prevent the consideration of the appeal, since this judicial act is in the case materials, and This means that in the absence of a copy of the contested judicial act, the appellate court must accept the appeal for proceedings;

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 request for a deferment, payment by installments or a reduction in the amount of the state duty - in case of payment of the state duty from a bank account, a payment order is attached , where in the column “Written off from the payer’s account” there is a date of write-off and the payment order has a mark of the responsible bank employee; when paying the state duty without using an account, attach a receipt issued by the bank for payment of the state duty; in other cases, documents are attached confirming the right to receive benefits in the payment of state duty, or a request for a deferment, payment by installments or a reduction in the amount of 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 - a postal receipt for sending a registered mail item (registered letter with return receipt requested) or other documents;

4) a power of attorney or other document confirming the authority to sign an appeal - the right to sign an appeal is a special power of the representative and must be expressly stipulated in the power of attorney according to the rules of Part 2 of Art. 62 agro-industrial complex; the head of the organization, acting on behalf of a legal entity without a power of attorney, who signed the appeal, attaches documents confirming the appointment (election) to the specified position.

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. Documents attached to the appeal may be submitted to the arbitration court in electronic form. From 01/01/2017, the Procedure for submitting documents to the arbitration courts of the Russian Federation in electronic form, including in the form of an electronic document, approved by Order of the Judicial Department under the Armed Forces of the Russian Federation dated December 28, 2016 N 252, is applied.

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Bulletin of acts on the judicial system. 2021. N 2.

Comment source:

Ed. V.V. Yarkova “COMMENTARY ON THE ARBITRATION PROCEDURE CODE OF THE RUSSIAN FEDERATION” (ARTICLE-BY-ARTICLE)”

ABSALYAMOV A.V., ABUSHENKO D.B., BESSONOVA A.I., BURACHEVSKY D.V., GREBENTSOV A.M., DEGTYAREV S.L., DOLGANICHEV V.V., ZAGAINOVA S.K., KUZNETSOV E. N.N., LAZAREV S.V., PLESHANOV A.G., RAZDKONOV E.S., RENZ I.G., RESHETNIKOVA I.V., SKURATOVSKY M.L., SOLOMEINA E.A., SPITSIN I.N. ., TARASOV I.N., TIMOFEEV Y.A., KHAZANOV S.D., KHALATOV S.A., CHUDINOVSKAYA N.A., YARKOV V.V., 2021. Publishing house "STATUT"

Commentary on Article 260 of the Arbitration Procedure Code of the Russian Federation

1. If, after accepting the appeal for proceedings, the court finds out that any of the documents named in Part 4 of Art. 260 of the Arbitration Procedure Code of the Russian Federation, the following must be taken into account.

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Failure to attach a copy of the disputed judicial act does not prevent the consideration of the appeal, since this judicial act is available in the case materials.

In the absence of evidence of sending copies of the appeal to other persons, as well as copies of documents that they do not have, the appellate court issues a ruling in which it sets a deadline for submitting such evidence. The trial of the appeal may be postponed due to this circumstance.

If, after accepting the appeal for proceedings, it is established that the complaint has not been signed, or doubts arise as to whether the person who signed the complaint has the right to sign it, the appellate court invites the applicant to provide evidence of such person’s authority or subsequent approval by the applicant of the actions of the person, who signed the complaint. In case of failure to provide such evidence, the appeal is left without consideration on the basis of clause 7 of Art. 148 Arbitration Procedure Code of the Russian Federation.

This is important to know: Can the return of the appeal be appealed?

See: paragraph 21 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated May 28, 2009 N 36 “On the application of the Arbitration Procedure Code of the Russian Federation when considering a case in the arbitration court of appeal” (as amended by the Resolutions of the Plenum of the Supreme Arbitration Court of the Russian Federation dated July 23, 2009 N 61, dated March 24, 2011 N thirty).

2. When applying the provisions of the Arbitration Procedure Code of the Russian Federation, which provide for the possibility of filling out forms posted on the official website of the arbitration court on the Internet, submitting documents to the arbitration court in electronic form (in particular, part 1 of article 125, part 2 of article 126, part 1 article 131, part 1 article 159, part 1 and 4 article 260, part 4 article 262, part 1 and 5 article 277, part 4 article 279, part Parts 1 and 3 of Article 294, Part 4 of Article 297, Parts 1 and 5 of Article 313), when accepting and considering appeals, the courts must proceed from the following.

When deciding whether to accept an appeal for proceedings, the court determines whether it meets the formal requirements for its form and content. In this regard, the judge carries out a preliminary check of the information contained in the application, including checking whether the application is signed and whether the signature belongs to an authorized person. In case of non-compliance with the established requirements, the provisions regarding abandonment of the complaint are subject to application.

During the consideration of the case, the court determines whether the appeal, which was received by the court electronically, was actually filed by the person who signed it. When preparing a case for trial, the court may invite this person, in order to confirm the specified circumstance, to appear at a preliminary court hearing, court hearing, or to submit to the court the original document submitted by him within the period established by the court. The fact that a document received by the court in electronic form was signed by the person who submitted it may also be established by the court on the basis of other documents submitted by this person. If this circumstance is not confirmed as a result of the measures taken by the court, the court leaves the corresponding appeal without consideration on the basis of clause 7 of part 1 of Art. 148 Arbitration Procedure Code of the Russian Federation.

At the same time, as follows from Part 3 of Art. 75 of the Arbitration Procedure Code of the Russian Federation, the court may require the presentation of original written evidence if copies of such evidence were presented in electronic form.

See: clause 2 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated February 17, 2011 N 12 “On some issues of application of the Arbitration Procedure Code of the Russian Federation as amended by Federal Law No. 228-FZ “On Amendments to the Arbitration Procedure Code of the Russian Federation”.

3. Since the Code does not provide for the electronic filing of an application to secure a claim, an application to secure property interests (Articles 92, 99), or a petition to suspend the execution of judicial acts (Articles 283, 298), such an application ( petition) can be filed with the court only on paper. A petition for securing a claim set out in an appeal filed by filling out a form posted on the official website of the arbitration court on the Internet is considered not to have been filed with the arbitration court, while the ruling on acceptance of the appeal indicates that such a petition can only be filed on paper.

4. On documents confirming information about the location or place of residence of the plaintiff and defendant and (or) the acquisition by an individual of the status of an individual entrepreneur or the termination by an individual of activities as an individual entrepreneur, see paragraph 3 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated 02/17/2011 N 12 “On some issues of application of the Arbitration Procedure Code of the Russian Federation as amended by Federal Law N 228-FZ “On Amendments to the Arbitration Procedure Code of the Russian Federation.”

Procedure, form, content and deadlines for filing an appeal and presentation

According to Art. 320 of the Code of Civil Procedure of the Russian Federation, decisions of the court of first instance that have not entered into legal force can be appealed on appeal in accordance with the rules provided for by Chapter 39 of the Code of Civil Procedure of the Russian Federation.

This is important to know: Termination of appeal proceedings under the Arbitration Procedure Code of the Russian Federation

Necessary elements of the right to appeal and initiate appeal proceedings:

the presence of a subject vested with appropriate powers (to appeal);
existence of an object of the right of appeal;
compliance with the deadline for filing an appeal and the procedure for exercising the right of appeal.

The right to appeal a court decision belongs to:

parties and other persons involved in the case;
persons who were not involved in the case and the question of whose rights and obligations were resolved by the court;
the right to bring an appeal belongs to the prosecutor participating in the case.

Persons who were not involved in the case and the question of the rights and obligations of which were resolved by the court may include:

third parties;
successors of the parties and third parties making independent claims regarding the subject of the dispute;
persons who have applied to the court for the protection of the rights, freedoms and legitimate interests of other persons;
persons who were not involved in the process if their rights and obligations are affected by the judge’s decision, as well as
representatives of citizens and organizations in the presence of a properly executed document confirming their authority to perform such a procedural action.