To the Ninth Arbitration Court of Appeal of Moscow
Address: 127994, Moscow, st. Straw hut, 12.

From the defendant: LLC "________"
100000, Moscow, st. _____________________.

Plaintiff: LLC "___________________".
Address: 10000, Moscow,
st. _____________________.

Third person: LLC ___________________.
Address: 10000, Moscow,
st. _____________________.

Case number: A-40 -______________
(Decision of the Moscow Arbitration Court dated _______ 2010)

Appeal .
___________ 2010, the Moscow Arbitration Court ruled in case No. A-40 -__________, in which it satisfied the plaintiff's claims for release land plot located at the address: Moscow, st. ______________. The defendant does not agree with this decision of the Moscow Arbitration Court, considers it illegal and unfounded.
In substantiating its conclusions, the court put the following circumstances:
_________ ______________________________________ ______________________________________
The defendant considers the court decision illegal and unreasonable for the following reasons.
Thus, in accordance with clause 1 of part 1 of article 270 of the Arbitration Procedure Code of the Russian Federation, the court did not fully clarify the circumstances relevant to the case and did not apply the law to be applied.
Based on the foregoing, guided by Art. 257, 259, 260, 269, 270 APC RF,

I BEG:
Cancel the decision of the Moscow Arbitration Court of _______ in case A-40 -____________ in full and accept a new judicial act on the case.

Applications:
1. A copy of the Decision of the Moscow Arbitration Court dated 11.11.10.
2. A document confirming the payment of the state fee.
3. A document confirming the sending of a copy of the appeal with the attached documents, which are not available to persons.

General Director of LLC "____"

/ ______________ / Surname I.O.

We will draw up an appeal to the 9th Arbitration Court of Appeal (as well as to other judicial arbitration instances). Representation in an arbitration court is possible. Find out about the services by calling the specified phone number or at the company's office.

Arbitration court of the Kirov region

In the Second Arbitration

Court of Appeal
Plaintiff: ______________________
_____________________________
_____________________________
(name of company
or full name individual
entrepreneur, address)

Defendant: ___________________
_____________________________
_____________________________
(name of company
or full name individual
entrepreneur, address)

case No. ____________________

on the decision of the Arbitration Court of the Kirov region

from "___" ________ ____ year

"___" _______ ____, the decision of the Arbitration Court of the Kirov Region fully (partially) satisfied the statement of claim ________ ___________________________________________ in this case about ________

(the name or full name of the plaintiff is indicated)

(the requirements stated by the plaintiff are indicated)

According to this decision, the court found that _______________________

(the facts established in the court decision on the case are indicated)

However, this court decision is not legal and reasonable.

Therefore, _____________________ does not agree with this decision on the following grounds: _____________________________________________________________________________________________________________________.

(indicate the grounds on which the person filing the complaint does not agree with the court decision)

In this regard, the grounds for ____________________________________

(satisfaction of a claim, rejection of a claim, etc.)

Therefore, on the basis of the foregoing and in accordance with Articles

(specifies the norms of laws and regulations on the basis of which the person filing the complaint justifies his claims)

as well as Articles 257, 259, 260 of the APC RF

cancel (or change) the decision of the Arbitration Court of the Kirov region

dated "___" _________ _____ in case No. _______

o ________________ ___________________________________ in full (or in part) and adopt a new judicial act (cancel the decision in whole or in part and terminate the proceedings or leave the claim without consideration in whole or in part).

1. A receipt for sending a copy (copies) of the appeal to the persons involved in the case.

2. A document confirming the payment of the state duty (or documents confirming the right to receive benefits for the payment of the state duty, or an application for a deferral, payment by installments, or to reduce the amount of the state duty).

3. A copy of the contested decision.

4. Power of attorney or other document confirming the authority to sign the appeal.

Leader (representative) of the party filing the complaint

Signature _______________

Sample of an appeal against a decision of an arbitration court

If the court of first instance made a decision that did not satisfy you, then there is a chance to achieve a favorable outcome of the case by appealing against it in the second instance. In this article you will find a sample of an appeal to arbitration, learn about the nuances of its preparation, as well as the deadlines for filing.

Appeal against a decision of an arbitration court

An appeal is a procedural document drawn up in accordance with the rules established by Chapter 34 of the Arbitration Procedure Code of the Russian Federation, in which the applicant asks to cancel or change the decision of the first instance that has not entered into legal force. It has the following features:

an appeal can be filed by persons who participated in the case (plaintiff, defendant, third party), or who did not participate (if the judicial act was passed in relation to their rights and obligations);

its submission is possible only in relation to a decision that has not entered into force;

served through the first instance;

the applicant cannot include in it new claims that were not the subject of consideration in the court of first instance.

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

• incomplete determination of the circumstances relevant to the case;
• failure to prove the circumstances established by the judge that influenced the outcome of the case;
• inconsistency of the judge's conclusions with the available evidence;
• violation or misinterpretation by the judge of the norms of substantive or procedural law.

In accordance with Article 262 of the Arbitration Procedure Code of the Russian Federation, the person participating in the case has the right to send his response to the appeal to the arbitration court, giving his arguments and objections. The review is made according to the same rules and form as the appeal.

Compilation procedure

1. "Hat", which includes:

• full name of the court;
• details of the persons who participated in the proceedings (for legal entities this is the name, TIN, PSRN, address, for individuals - full name, passport details and contact information);
• the name of the arbitration court that made the contested decision, the number of the case, the date of the decision, the subject of the dispute.

2. The main part. Here you need to describe the essence of your claims, as well as the grounds on which the decision is appealed. To increase your chances, you should provide references to laws and other material circumstances that are relevant to the case.

3. "Request part". In the model, it begins with the word "please": the complainant can ask the court to overturn the decision in whole or in part.

4. The final part. It contains a list of the attached documents, the applicant's signature and the date the document was drawn up.

If you do not want your application to be left without movement, the following documents must be attached to it:

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

We draw your attention to the fact that the complainant is obliged to send to all participants in the case not only the text itself, but also all the attached documents. This can be done either by registered mail with notification, or in person against receipt.

You can download a sample of the appeal to the arbitration court at the end of the article.

Deadline for filing an appeal in the arbitration process

In accordance with Article 259 of the Arbitration Procedure Code of the Russian Federation, the parties have a month to appeal after the verdict. The current legislation also provides for the possibility of restoring the term if the applicant had good reasons for missing it. To do this, it is necessary to submit an appropriate petition, indicating in it the reasons for the delay in filing an appeal (illness, long-term 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.

Also, the Arbitration Procedure Code of the Russian Federation establishes reduced terms for appeal (10 days) for certain categories of cases, for example:

• in cases of bringing to administrative responsibility;
• in cases considered by way of summary procedure;
• on bankruptcy proceedings.

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

The term for consideration of an appeal in an arbitration court

Article 267 of the Arbitration Procedure Code of the Russian Federation establishes that a complaint must be considered by a judge within two months from the date of its receipt. However, it can be returned to the applicant if:

• filed by a person who does not have the right to appeal;
• filed for a judicial act, which is not appealed against in the order of appeal;
• the deadline for its submission has expired;
• the applicant withdrew his complaint;
• the circumstances that served as the basis for leaving the application without movement have not been eliminated (Article 263 of the Arbitration Procedure Code of the Russian Federation).

If the court has ruled to return your appeal, then after all the defects have been eliminated, you have the right to reapply it.

National tax

Payment of the state duty is a prerequisite for filing an application - without a corresponding receipt, the court will leave it motionless and will not accept it for proceedings. If your claims are satisfied, the judge will charge the opponent with the obligation to reimburse you for legal costs.

The amount of the duty is fixed, and in accordance with article 331.21 of the Tax Code of the Russian Federation, it is 3,000 rubles.

Appeal against the decision of the Arbitration Court

An appeal against the decision of the Arbitration Court. By the decision of the Arbitration Court from the defendant in favor of the plaintiff, money and reimbursement of court costs for the payment of the state fee were collected on account of the debt. The respondent considers the above decision of the court illegal, unreasonable and subject to change. The defendant asks the court to change the decision of the Arbitration Court on the claim of the plaintiff against the defendant. Adopt a new judicial act in the case, by which the claims of the plaintiff against the defendant to recover the debt are partially satisfied.

In the __________ Arbitration Court of Appeal
_____________________________________________

claimant: LLC "_____________________________"
Mailing address:________________________________

defendant: LLC "_______________________________"
Legal address:____________________________

National tax: ______________________

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

By the decision of the Arbitration Court of _______ dated __________ from the Limited Liability Company ______________ in favor of the Limited Liability Company ____________ ___________ ruble __ cop. and reimbursement of legal costs for paying the state fee - ______ rubles.
I consider this court decision 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 the parties entered into a framework supply agreement No. ____ dated ____________ year (with attachments), under which the defendant delivered the goods to the plaintiff.
According to the terms of the supply agreement for the supplier, in addition to the obligations to supply the goods, there are special obligations of the supplier, 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 for the amount of discounts and premiums agreed by the parties, established in the corresponding Appendix No. __ to the supply agreement in relation to the respective periods of the parties' relationship.
The sizes 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 contract is determined in the annual certificates of volumes, the fact of delivery for ___________. also confirmed by the invoices presented in the case.
In addition, the plaintiff, within the framework of the obligations under the framework agreement, issued invoices for the payment of premiums, of which there is documentary evidence.
And, since, as the court indicated in its decision, the plaintiff provided evidence of debt under the contract for the delivery of premium payments, the claims should be recognized as legitimate, reliable, proven and subject to satisfaction.
However, the trial court unreasonably reached this premature conclusion without fully examining the factual circumstances of the case.
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 agreement between the parties, disagreements arose on certain terms of the agreement, the party that proposed to conclude the agreement and received from the other party a proposal to agree on these terms must within thirty days from the date of receipt of this offer, unless otherwise the term is not established by law or is not agreed by the parties, take measures to agree on the relevant terms of the contract or notify the other party in writing about the refusal to conclude it.
In accordance with clause 3.5 of the Agreement - general terms of delivery - the amounts to be withheld after the completion of the transaction are paid to the buyer once a year for a period of time up to ___________ of the previous year, while the calculation is based on the total turnover achieved by the buyer and the supplier during the reporting period.
Satisfying the claims, the court of first instance referred to the reconciliation act between the parties, which, allegedly, as claimed by the representative of the plaintiff, reflected the amount of debt for the actually delivered and sold goods.
However, these statements are not true.
The court of first instance collected _______ rubles __ cop 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 "__________________" by the court of first instance were not taken into account, 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 issuance of an unjust decision that violates the rights and legitimate interests of ________________________ LLC.
Based on the foregoing and guided by Art. 4, 257, 259, 260, 270, APC RF, -

P R O SH U S U D:

1. The decision of the Arbitration Court of _______ dated __________ in case No. __________________ on the claim of LLC _____________ to LLC _______________ on debt collection - to change.
2. Adopt a new judicial act on the case, by which the claims of LLC "__________________" to LLC "______________" to recover the debt - to partially satisfy, collecting from LLC "____________________" in favor of LLC "__________________" to reimburse the debt ______ rubles __ cop.
3. To collect from LLC "_____________________" in favor of LLC "_____________________" the costs of paying the state duty in the amount of __________ rubles.

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

General manager
OOO "____________________" _____________

HOW TO SOLVE A LEGAL PROBLEM IN 3 STEPS

Fill out the feedback form. Describe your question in as much detail as possible in simple words. For a written response, please provide your return email address.

During the day, the lawyer will answer you by email with an explanation of the situation and recommendations on what to do next. In the final recommendations, the lawyer will tell you what documents need to be drawn up and their recipients.

After receiving a list of required documents from our lawyer, go to our free archive of legal documents and find the one you need. Insert personal data, postal details, recipient address and send to destination.

An appeal against a decision of an arbitration court (sample)

Writing an appeal is not easy, and it is especially difficult to write an effective appeal. Below is a sample of just such a complaint: the appellate court agreed with our arguments, canceled the appealed decision of the Arbitration Court of the Novosibirsk Region, issued a new decision in the case, which refused the plaintiff to satisfy the stated requirements in full.
The names of the persons involved in the case have been changed.

from the Defendant: LLC "Title"
legal address: 630004, Novosibirsk,
st. Lenin, __
representative: lawyer Andreeva O.B.
on the basis of a power of attorney dated July 30, 2013, 630099, Novosibirsk, st. Kamenskaya, 32, office 903, tel. 375 - 02 - 80

Plaintiff: LLC "Romashka"
630102, Novosibirsk, st. Inskaya, ___

Third parties: 1. CJSC "Tulip"
Novosibirsk, st. Communist, ___

2. LLC "Rusland"
Kemerovo, Prospect Oktyabrsky, ___

3. OJSC AK Alrosa
Udachny, New town, Udachninsky GOK

4. Kirillov K.A.
Mirny, st. Komsomolskaya, ___

APPEAL COMPLAINT
on the decision of the Arbitration Court of the Novosibirsk Region dated January 17, 2014 in case No. A45 -_______ / 2013 on the claim of Romashka LLC to Name LLC for damages

On January 17, 2014, the Arbitration Court of the Novosibirsk Region rendered a decision on the application in case No. А45-11454 / 2013 on the claim of Romashka LLC to Name LLC for damages. The plaintiff's claims were satisfied in full.

The defendant's party disagrees with this decision due to the inconsistency of the conclusions set out in the decision, the circumstances of the case and the lack of evidence of the circumstances relevant to the case, which the court considered established.

The Claimant substantiates its claims against the Respondent by the fact that on December 11, 2012, they agreed to transport the Claimant's cargo by the Respondent along the route Novosibirsk - Irkutsk - Mirny - Udachny. The Defendant did not agree to transport the cargo on the terms of the Claimant, and therefore unilaterally introduced into the Claimant's Application for the carriage of cargo the corresponding changes in part of the delivery time of the cargo and the fine for delay in its delivery. Nevertheless, the Defendant's car arrived at the agreed place for loading, was loaded and set off for the place of travel. At the same time, accompanying transport documents were handed over to the driver. According to the Claimant, the Respondent violated the terms of delivery of the goods agreed upon between them, in connection with which the Claimant suffered losses in the form of penalties under an agreement with a third party (CJSC "Tulip") in the amount of 120,000 rubles, which he asked to recover from the Respondent in his own benefit.

The court correctly established that the contract for transport and forwarding activities between the parties was not concluded.

The court regarded the relationship of the parties as a one-time transportation, based on the established fact of acceptance of the plaintiff's cargo for transportation. At the same time, the conditions of carriage on the time of delivery of the goods were considered by the court as agreed in the consignment notes. However, the court did not take into account the following.

In accordance with Part 1 of Art. 784 of the Civil Code of the Russian Federation, the carriage of goods is carried out on the basis of a carriage contract. General conditions of carriage are determined by transport charters and codes, other laws and rules issued in accordance with them (part 2 of article 784 of the Civil Code of the Russian Federation). The conclusion of the contract for the carriage of goods is confirmed by drawing up and issuing to the consignor of the goods a waybill (bill of lading or other document for the goods provided for by the relevant transport charter or code) (part 2 of article 785 of the Civil Code of the Russian Federation).

In accordance with Art. eight Federal law No. 259-FZ of November 8, 2007 "Charter of road transport and urban land electric transport", the conclusion of the contract for the carriage of goods is confirmed by the bill of lading. The waybill, unless otherwise provided by the contract for the carriage of goods, is drawn up by the consignor. Also, a contract for the carriage of goods can be concluded by accepting the order by the carrier for execution, and in the presence of an agreement on the organization of carriage of goods - the application of the shipper.
Meanwhile, (1) in writing in the form of a single document signed by the parties, the contract for the carriage of goods has not been concluded; (2) bills of lading in the prescribed form (namely, in the form approved by the Government of the Russian Federation dated April 15, 2011 No. 272) are absent, and the consignment notes presented by the Claimant do not have the property of the relevance of evidence, since the indication in it of the Respondent as on the carrier, absent; (3) the claim for the carriage of goods submitted by the Claimant was not agreed by the Defendant on the original conditions, and no further agreement on the conditions of carriage was made between the parties.

Moreover, one of the consignment notes presented by the plaintiff (for the transportation of spare parts - 8 pieces weighing 0.43 tons) does not even have a date of its preparation. In the same waybill there is no information about the acceptance of the goods for transportation, there is only information about the transfer of the goods by R.Yu. Ivanin. On January 24, 2013, there is no one Ilyushkin.

Even if we accept the position of the plaintiff that in fact the defendant accepted the goods for transportation, the driver Ivanin R.Yew. did not have any authority to agree on the time of transportation. The duties of the driver do not cover the negotiation of the terms of business contracts concluded by the employer with counterparties under these contracts, even if the actual executor of the company's obligations is the driver.

It was the inability of the defendant to deliver the cargo declared for carriage (the application of December 11, 2012 was presented to the court) that caused the defendant to refuse to conclude a freight forwarding agreement (as correctly established by the court, the conditions for the delivery of the cargo were not agreed upon). However, here, contrary to the requirements of paragraph 1 of Art. 183 of the Civil Code of the Russian Federation, the court considered it established that the conditions on the terms of transportation in the given TTN were agreed.

In accordance with the requirements of Art. 792 of the Civil Code of the Russian Federation, the carrier is obliged to deliver the goods to the point of destination within the time frame determined in the manner prescribed by the transport charters and codes, and in the absence of such terms, within a reasonable time.

In accordance with Part 1 of Art. 14 of the Federal Law No. 259-FZ of November 8, 2007 "Charter of road transport and urban land electric transport", carriers are obliged to deliver goods within the timeframes established by the contract for the carriage of goods, and if the specified timeframes are not established in the contract for the carriage of goods, within the time frame established by the rules for the carriage of goods.
Cargo transportation rules by car(approved by the Decree of the Government of the Russian Federation No. 272 ​​dated April 15, 2011) in terms of the delivery time of the cargo, the following requirements are established (clause 63 of the Rules): if the terms are not specified in the contract for the carriage of goods, delivery of the cargo is carried out:
a) in city, suburban traffic - within a day;
b) in intercity or international traffic - at the rate of one day for every 300 km of transportation distance.

The Claimant has not presented any calculation of the amount of the claim in relation to the above norm.
In addition, the aforementioned Rules for the carriage of goods by road in the event of a delay in the delivery of goods by the carrier indicated the need to draw up an appropriate act (subparagraphs "e" of clause 79 of the Rules). The act is drawn up with the participation of interested parties (parties to the contract of carriage) or unilaterally if the other party avoids drawing up an act, subject to its mandatory notification of its drawing up (clause 80 of the Rules). In the bill of lading, order-order, waybill and accompanying sheet, a note must be made about drawing up an act containing short description the circumstances that served as the basis for its affixing (paragraph 81 and paragraph 86 of the Rules). The act must contain: a) the date and place of drawing up the act; b) surnames, first names, patronymics and positions of the persons participating in the drawing up of the act; c) a brief description of the circumstances that served as the basis for drawing up the act; e) signatures of the parties involved in drawing up the act (clause 82 of the Rules). The act is drawn up in the number of copies corresponding to the number of persons participating in its preparation, but not less than 2 copies, corrections in it are not allowed (clause 85 of the Rules).

The Claimant has not presented any act on the delay in the delivery of the goods by the Respondent, and the above provisions of the law are simply ignored by the court.

Thus, the Plaintiff has not proved the fact that the Defendant has delayed the delivery of the goods to the recipients (if we proceed from the position of the court that the contract for the carriage of goods between the parties has been concluded).

With regard to the amount of damages, the position of the court comes down to the fact that the plaintiff does not have to prove them at all, the court can independently determine their amount and set it in the amount of 120,000 rubles declared by the plaintiff for recovery. At the same time, the court referred to the Resolution of the Supreme Arbitration Court of the Russian Federation dated September 6, 2011 No. 2929/11, containing an indication that the court cannot completely refuse to satisfy the claim of a participant in a business company for compensation for losses caused by interim measures at an unjustified claim (Article 98 of the Arbitration Procedure code Russian Federation), only on the grounds that the amount of damages cannot be established with a reasonable degree of certainty. However, this decision is devoted to the losses incurred in connection with the adoption by the court of interim measures related to the arrest of the company's shares. The plaintiff in the present case presented very specific proof of losses in the form of an agreement on the factual circumstances and on the offset of similar counterclaims dated February 28, 2013, in connection with which the court's reasoning about the “objective complexity of proving the amount of losses” is inappropriate in the situation under consideration. From the very beginning, the plaintiff declared the nature of these losses as penalties for delayed delivery of goods to a third party - CJSC "Tulip" in the amount of 120,000 rubles. But,

The plaintiff did not provide evidence of the existence between him and CJSC "Tulip" of any obligation secured by penalties, in connection with which the defendant was deprived of the opportunity to form an idea of ​​the very fact of this obligation, the fact of the plaintiff's violation of its obligations under it, the conditionality of this violations of the delay in delivery of the goods (if we accept the position of the court that it took place), as well as the validity of the claims of CJSC "Tulip" to the plaintiff, despite the plaintiff's consent to these claims

The aforementioned offset agreement was presented to the court six months (.) After the case was accepted for proceedings. Meanwhile, this is the only piece of evidence presented in support of the amount of damages. Taking into account that, in fact, the plaintiff did not transfer any funds towards the penalty to CJSC "Tulip", and also taking into account the appearance of this actually main "evidence" after six months of court proceedings, the defendant believes that this evidence cannot be accepted as reliable and sufficient to determine the amount of damages, the existence of which is also not confirmed by the plaintiff.

Based on the aforesaid and guided by Article. 257 APC RF,

the decision of the Arbitration Court of the Novosibirsk Region of January 17, 2014 in case No. A45 -________ / 2013 on the claim of Romashka LLC to Name Name LLC for damages to cancel and make a new decision to refuse in full to satisfy the requirements of Romashka LLC.

APPLICATION:

1. Copy of the contested decision
2. Notification of the direction of this appeal to the participants in the process.
3. Receipt of payment of state duty
4. Power of attorney of the representative

Representative of LLC "Title"
lawyer Andreeva O.B. _______________________

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Sample of an appeal against a decision of an arbitration court

The Fifteenth Arbitration
Court of Appeal
Plaintiff: ______________________

Defendant: ___________________
Address:______________________
Telephone:____________________

Case No. ____________________

APPEAL COMPLAINT

on the decision of the Arbitration Court of the Krasnodar Territory in the case on the claim of ______________ to __________________ about _________________________________ dated "___" ________ ____

"___" _______ ____, the decision of the Arbitration Court of the Krasnodar Territory fully (partially) satisfied (unsatisfied) the statement of claim
___________________________________________ in this case about ________
(the name or full name of the plaintiff is indicated)
____________________________________________________________________.
(the requirements stated by the plaintiff are indicated)
According to this decision, the court found that _______________________

______________________________________________________________________
_____________________________________________________________________.
(the facts established in the court decision on the case are indicated)
However, this court decision is not lawful and unreasonable.
Therefore, _____________________ does not agree with this decision on the following grounds: 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, the norms of substantive and procedural law are incorrectly applied __________________________________ __________________________________________________________________________
__________________________________________________________________________.
(indicate the grounds on which the person filing the complaint does not agree with the court decision)
In this regard, the grounds for ____________________________________
(satisfaction of the claim, rejection of the claim, etc.) was not available.
Therefore, on the basis of the foregoing and in accordance with Articles
_____________________________________________________________________,
(the norms of laws and regulations are indicated, on the basis of which the person filing the complaint justifies his claims) as well as Articles 257, 259, 260 of the APC RF
I BEG:
cancel (or change) the decision of the Arbitration Court of the Krasnodar Territory
dated "___" _________ _____ in case No. _______
o ________________ ___________________________________ in full (or
in part) and adopt a new judicial act (cancel the decision in full or
in part and terminate the proceedings or leave the claim without
consideration in whole or in part).

Application:
1. Receipt for sending copies of the appeal to the persons involved in the case.
2. A document confirming the payment of the state duty (or documents confirming the right to receive benefits in the payment of the state duty, or an application for a deferral, payment by installments, or to reduce the amount of the state duty).
3. A copy of the contested decision.
4. Additional evidence (documents, certificates, letters, etc.)
5. Power of attorney or other document confirming the authority to sign the appeal.

A party to a dispute has the right to appeal against a judicial act if he does not agree with the position of the first instance. A sample of the appeal against the decision of the arbitral tribunal will help to prepare the document correctly.

An appeal against a decision of an arbitration court is a procedural document that is sent to the court if you do not agree with the decision of the first instance. With the filing of an appeal, the arbitration begins the second stage of the process. But in order for the appellate court to accept the appeal and consider it, the rules of preparation and filing must be observed. Download from the annex to the article a sample of the appeal against the decision of the arbitral tribunal and check your document. We will consider the completed sample of the appeal to the arbitration court in the article.

An appeal is also filed if they want to challenge:

• bringing to administrative responsibility,
• initiation of bankruptcy proceedings,
• return of the statement of claim, etc.

A party to the dispute has the right to file an appeal against the decision of the arbitration court

A complaint is filed with the arbitration court of the appellate instance in the event that they do not agree with the decision of the first. The applicant may consider that the court has misinterpreted the legal norms, did not take into account a number of circumstances, etc. But in order for the arbitration court to accept and consider the appeal, it is necessary to comply with a number of requirements:

1. The applicant must be the one who has the right to submit such complaints. This is either a participant in the arbitration process, or a person whose interests were violated by the disputed decision.
2. It is necessary to transfer this procedural document to the court before the expiration of the term established by the law. In some cases, special terms for appeal are provided, but according to general rule You can file a complaint within a month after the first instance made a decision.
3. The complaint must be made in accordance with the requirements for the form and content of the document.
4. Submit a complaint by mail, electronically, etc., in accordance with the filing rules that exist for this method.

Observe the deadlines when filing an appeal with arbitration

As for the time limit for filing an appeal against a decision of the arbitral tribunal, several rules apply:

1. According to the Arbitration Procedure Code of the Russian Federation, an appeal (see the sample above) must be filed within one month from the date of the decision (part 1 of article 180, part 1 of article 259). The beginning of the expiration of the period shall be equated to the moment of the issuance of the act of the court.
2. If only the operative part was adopted at the meeting, and the decision was made in full on another day, the deadline is counted from the moment the full decision was made (part 2 of article 176 of the APC RF).
3. There are shorter periods of appeal in the law. In some cases, the arbitration will accept an appeal only within 10 working days. This is true for complaints under Part 4 of Art. 206, part 5 of Art. 211 of the Arbitration Procedure Code of the Russian Federation, part 4 of Art. 225.7 APC RF. In addition, for cases that were considered in a simplified manner, the terms of appeal are also reduced and amount to 15 working days (part 3 of article 229 of the Arbitration Procedure Code of the Russian Federation).

The applicant needs to confirm that he filed the complaint on time. To do this, it is necessary to fix the moment of filing. How to do this depends on the way in which the appeal will be filed with the arbitration court:

1. If through the court office, a stamp will be put on the copy of the document.
2. If by mail, the filing date will be on the postmark and on the receipt. These dates may differ, then the earlier is considered the moment of sending.
3. If through "My Arbitrator", the date of submission is considered the date of receipt of documents in the system. This date is reflected in the notification that the system automatically generates after the user has uploaded the documents.

If the deadline for submission has been missed, the applicant has the right to submit a petition for the restoration of the deadline (part 2 of article 259 of the Arbitration Procedure Code of the Russian Federation). The court will meet halfway if the deadline was missed for a good reason.

The complaint is sent to the court through the office, by mail or electronically. A copy of the complaint will be required if filed through the office. This copy will be returned to the applicant. When sending by mail, fill out a certified letter with a receipt confirmation and a list of attachments. If the documents are submitted in electronic form, you need to make scans. Pay attention to how electronic copies of documents should be certified.

Use a sample of the appeal to check the document in the arbitration court

Let's take a closer look at the document. Before going to arbitration, a sample of the appeal will help to check if everything has been correctly indicated. There are several required elements:

1. Submit your complaint through the court that made the controversial decision (part 2 of article 257 of the Arbitration Procedure Code of the Russian Federation).
2. Address the document to the appropriate appellate instance. In addition to the name of the court, in the header of the document indicate the names and details of the parties to the dispute and the number of the case.
3. The location is written among the details of the parties. If the actual address does not coincide with the legal address, it is better to write in the complaint the one at which the company will receive information from the court more quickly.
4. Make sure you are on time to file your complaint.
5. Title the document: "Appeal against the decision of the Arbitration Court ..." Here, make a reference to the case number, indicate the date when the first instance made the decision. Also, briefly write down the claim.
6. State your objections to the court decision - for example, as they did in the sample appeal to the arbitration court. Justify the position: make references to case materials, legal regulations and judicial practice... In addition, write what powers the court of appeal should use to protect the rights of the applicant (Article 269 of the Arbitration Procedure Code of the Russian Federation). This part of the complaint must contain the requirements of the applicant - for example, as in the sample: to reverse the initial decision, make an appropriate one, recover legal costs from the opponent.
7. Include in the complaint text a list of applications that you send with it. What documents are needed, it is said in part 4 of Art. 260 APC RF. If a representative files a complaint, include a copy of the power of attorney in the kit.
8. The complaint must be signed by the applicant and the date the document was submitted.

An unfilled sample of the appeal against the decision of the arbitral tribunal can be downloaded in the annex to the article.

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

When and by whom is the appeal made?

The ruling made by the arbitration court can be challenged by filing a complaint through the same court, which is indicated in paragraph 1 of Art. 257 APC RF. As a rule, appeals are made against cases that are related to contractual relations or the implementation of entrepreneurial activity. For example, cases are being reviewed concerning:

• protecting the business reputation of the company;
• challenging contracts;
• or bankruptcy of the organization;
• compensation for damages, etc.

The following persons have the right to challenge the judicial ruling:

• persons who took part in the case, including the plaintiff and the defendant;
• persons who are not parties to the case, but the decision made directly relates to their rights and obligations;
• persons who are the 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 the proceedings, but if the case is indicated in paragraph 1 of Art. 52 ФЗ №95, as established in clause 1 of the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation.

In order for the complaint to be satisfied, for this there must be the grounds specified in Art. 270 APC RF:

• the facts that influenced the consideration of the case were determined incompletely or incorrectly;
• the adopted definition does not correspond to the evidence considered in the course of the court proceedings;
• the definition was adopted in violation or incorrect interpretation of the applicable legislative norms;
• the case was considered by a panel of judges, which was not legally composed;
• the case was considered without persons who had been informed about the time and place of the hearing in an inappropriate manner.

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

Deadline for submission

In Art. 259 of the APC established norms regarding the time frame for 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 redirected to a higher court, and all the materials available on the case are attached to it.

It should be noted, however, that some cases are subject to tight deadlines - they can only be appealed within 10 days from the date of the verdict. These are:

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

If the deadline has expired, only in one case it will be possible to start the office work - to restore it by submitting an appropriate petition. In order for a satisfactory decision regarding the restoration of the deadlines to be made, a valid reason for the initial omission must be indicated. This can be:

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

Only those complaints for which the appeal deadline has not expired or for which a request is attached to the complaint with a request to restore this deadline 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, therefore, special attention should be paid to this issue. 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 agro-industrial complex.

It is filled in in this order:

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

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

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

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

The complainant has no right to claim what has not been considered in the first instance court of appeal. If there are new requirements, you will need to apply to the arbitration court with a corresponding statement.

3. The requesting part is indicated, which begins with the word "Please" from the central part of the sheet. It is noted here whether the applicant wishes to completely reverse the decision or change parts of it that directly relate to the applicant's personality.

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 papers:

• a copy of the unacceptable decision;
• a receipt confirming the fact of payment of the state fee (either documents that the applicant has benefits when paying the fee, or an application for an installment plan / deferral to pay or reduce the amount of the fee);
• supporting documents that all persons participating in the case received a copy of the appeal (for example, such documents may be postage checks);
• a document confirming 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 put in front of his initials, as well as the date of the complaint.

How to submit documents?

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

• Written... A package of papers can be submitted directly with a personal appeal to the court office or by registered mail, while you will need to draw up an inventory of the attachment and receive a notification of the successful delivery of the letter.
• Electronic... All papers can be sent through the official website of the arbitration court. This is determined by the resolution of the Plenum of the Supreme Arbitration Court No. 80 of 08.11.2013.

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

Without the attachment of a receipt confirming the payment of state fees, the complaint will not be accepted, therefore, a reconsideration of the case will not be possible. To avoid this, you will need to pay a fee. Its size is 50% of the state duty for filing a non-property claim, which is indicated in sub. 12 p. 1 art. 331.21 Tax Code RF. So, if the state duty for a property claim is 6,000 rubles, then the state duty for filing an appeal is 3,000 rubles.

If the court satisfactorily considers the claims specified in the complaint, the opponents of the applicant will most likely be responsible for reimbursement of all legal costs.

Terms of consideration

According to Art. 267 APC, the appeal must be considered within 2 months from the date of its receipt. But it is worth noting that the office work will not be open 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 against the court decision, which cannot be reviewed within the framework of the appeal proceedings;
• the deadline for filing an appeal has expired;
• the complainant has personally withdrawn his application;
• there are grounds on the basis of which the application must remain motionless (Article 263 of the APC).

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

So, if the ruling of the court of appeal 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 the announcement of the unsuitable decision. It must be correctly drawn up, otherwise the appeal proceedings will not be initiated.

According to statistics, the most common type of protest against court decisions is their appeal. According to the rules of the procedural legislation of Russia, this role of “mediators”, assessing the adopted rulings of the courts of first instance in disputes related to economic activity, is assigned to the arbitration courts of appeal. In the course of these processes, cases are considered, the decisions on which have not entered into legal force. An important step in challenging a verdict in arbitration is the competent preparation of a complaint, a sample of which we will consider in this article.

Norms of the law

The purpose of any appeal is to challenge the inappropriate definition of Themis. At the same time, the arbitration courts act as "defenders" who check for the correctness and fairness of the decisions taken and appealed against. In such instances, conflicts are considered only with the participation of entrepreneurs and enterprises. Their right of appeal is enshrined in Article 257 of the Arbitration Procedure Code of the Russian Federation (hereinafter referred to as the Arbitration Procedure Code of the Russian Federation).

Timing

The rules established for appeal in arbitration are almost identical to those in civil proceedings. Thus, a procedural period is allotted for the protest under consideration - 30 days from the date of the announcement of the decision on the case, as well as for the civil procedure (Article 259 of the APC). It happens that, due to valid reasons, the appellants miss the deadline for appeal, then it needs to be reinstated on a petition submitted to the judge.

Claim requirements

1. Introductory;
2. Descriptive;
3. Motivational;
4. Resolution.

Let's take a closer look at how to style each paragraph.

Introductory block

Fill out the so-called statement header here. Enter the following information in it:

1. The name of the arbitration court.
2. The name of the judicial authority through which the complaint is forwarded.
3. Applicant's details:
   • Firm name of a commercial organization or full name of an individual entrepreneur (IE).
   • Legal address of the enterprise / individual entrepreneur.
   • Telephone.
4. Respondent data.
5. Information about all participants in the process.
6. The subject of the dispute (number of the contested resolution).
7. The amount of the paid state duty.

Descriptive block

This part is always preceded by the title of the document. Therefore, write “Appeal” in the center of the sheet and briefly indicate the details of the controversial definition. For example, “against the decision of the Arbitration Court of the Kaliningrad Region dated 01.01.2001 in case No. 1”. Then describe the details of the first instance process. Namely - the essence of the dispute and the decision made on it, as well as all the circumstances related to the case.

Motivation block

In this paragraph, provide the following information:

• the grounds on which the decision is contested;
• legal assessment of your arguments;
• references to the norms of the law.

Important: the motivation part must contain a detailed legal assessment of violations committed in the first instance arbitration.

Resolution block

In the final part, state your requirements and requests. The main thing is that they all fall under the authority of Themis, which is considering a controversial case. You can take into account their compliance by referring to Article 269 of the Arbitration Procedure Code of the Russian Federation. Below is a list of the attached documents. Date and handwritten.