Article 267 of the Arbitration Procedure Code of the Russian Federation ➔ text and comments. Time limit for consideration of the appeal.

What is an appeal against a court decision?

Legally, the concept of “appealing” means turning to a higher authority and reviewing the decisions of the trial judges. The review process can be initiated by all participants in the hearing, as well as by third parties who are recognized as interested parties.

To cancel a court decision, a statement from the party who suffered as a result of the decision or sentence will be sufficient.

For example, a judge may order eviction from a credit apartment at the request of the bank and not take into account the interests of minor children, information about which the banking structures did not provide.

Who has the right to appeal a court decision?

You can appeal a court decision that has not entered into legal force. A legal document can be submitted by:

plaintiff, defendant (in civil proceedings);
defendant, injured party (criminal cases);
prosecutor;
advocate;
legal representatives of the defendant, plaintiff, injured party;
third parties or their representatives.

If the case was considered in absentia, without the presence of the plaintiff and defendant, the court notifies the parties of the decision made. Within 7 days, participants in absentia proceedings can challenge the district judge’s decision by filing a request to cancel the decision.

In this case, the court orders a new trial of the case with the participation of the parties in the courtroom. If this does not happen, an appeal challenging the default judgment is filed within 30 days after the end of the period for challenging the district court's decision.

The timing and procedure for considering administrative cases in absentia are set out in paragraph 1 of Article 237 of the Code of Civil Procedure of the Russian Federation.

Article 263 of the Arbitration Procedure Code of the Russian Federation. Leaving the appeal without progress

The arbitration court of appeal, having established, when considering the issue of accepting the appeal for proceedings, that it was filed in violation of the requirements established by Article 260 of this Code, issues a ruling to leave the appeal without progress. The determination may be appealed.
In the ruling, the arbitration court indicates the grounds for leaving the appeal without progress and the period during which the person who filed the appeal must eliminate the circumstances that served as the basis for leaving the appeal without progress.
A copy of the ruling on leaving the appeal without progress is sent to the person who filed the appeal no later than the next day after the day it was issued.
If the circumstances that served as the basis for leaving the appeal without progress are eliminated within the period specified in the court's ruling, the appeal is considered filed on the day of its initial receipt by the court and is accepted for proceedings by the arbitration court of appeal.
If these circumstances are not eliminated within the period specified in the ruling, the arbitration court returns the appeal and the documents attached to it to the person who filed the complaint in the manner established by Article 264 of this Code.

Deadline for filing and consideration of an appeal

The reading of the final decision by the judge is considered the moment from which the deadline for filing a challenge begins to count. In detail, how to draw up an appeal, the procedure for sending and filing it is regulated by Chapter. 34 APK, ch. 39 Code of Civil Procedure of the Russian Federation.

Time limits after which the judge’s decision comes into force and during which an appeal can be filed:

For sentences in criminal proceedings - 10 days.
The period for challenging a decision in administrative and arbitration proceedings is 30 days.

The legislation defines separate deadlines for appealing decisions related to cases of violation of electoral rights, deportation of foreign citizens, and forced referral of a person for treatment. For such categories of administrative cases, the appeal period is 10 days.

It is important to take into account that the period given for appeal is reduced to 15 days, during which the disagreeing party has the right to file an appeal. If an administrative or civil case was considered in a court of first instance according to a simplified procedure, without the involvement of witnesses, experts, defense and prosecution.

The period for filing an appeal can be extended if any party to the proceeding has missed the deadline within which it was required to file the complaint. According to Plenary Resolution No. 13 of the Supreme Court of the Russian Federation dated June 19, 2012, she has the right to appeal to the court that announced the decision with a written request to extend the period for filing an appeal.

A party’s request to restore the time limit can be made either in a separate statement or contained directly in the appeal itself.

If a request for an extension of time is drawn up in a separate application, a challenge is also sent along with it; a separate application with a request for an extension of time is not considered.

The appellate court is legally given 60 days to substantively consider the appeal and announce the result. You can file an appeal without any restrictions, but the court will only consider the first direction, the remaining appeals will be rejected with the appropriate submission.

If during the process new facts and circumstances are discovered that can fundamentally influence the court’s conclusion, the interested party can send additions to the court.

Appeal in an arbitration case: the main nuances

The essence of the content of the appeal is to substantiate disagreement with the appealed decision of the arbitration court of first instance. “Arguments-facts-standards-time” - the lawyer’s possession of these components in a specific arbitration case is the key to success.

The filing of an appeal begins the appeal proceedings in the arbitration court. But before proceeding to an appeal, it is advisable to prepare for it while the case is being considered by the arbitration court of first instance. This applies to both sides. In our practice, regardless of the decision made, in 95% of cases it is appealed by the dissenting party. Accordingly, you need to be prepared either to prepare a response (objections) to the complaint, or to the appeal itself.

Court hearings of the arbitration court are audio , which will also be studied by the appellate court. If you did not timely exercise your right to declare the available evidence , then you must be prepared to argue why this was not the subject of consideration in the court of first instance? Why didn’t you appeal or file comments on the interim court decisions during the hearing of the arbitration case on the merits? In general, it will be difficult to convince an appellate court to consider new evidence, and there is little chance of choosing other methods of defense in an appeal. Only an experienced lawyer can calculate the possible options.

The procedure for filing an appeal, its form and content, the procedure and time frame for considering the complaint, the powers of the court considering the complaint, and other issues of proceedings in the appellate instance are determined by the norms of Chapter 34 of the Arbitration Procedural Code of the Russian Federation. The APC imposes certain requirements not only on the content of the appeal and its proper execution, but also on the list of documents attached to it, as well as the actions that the person filing the complaint must take.

You can find information on appeals on any of the websites of arbitration courts. If there is a need to familiarize yourself with it, then to save time we also provide a “standard set”.

An appeal must be submitted in writing and signed by a person who has the appropriate authority to do so.

Appeals must contain the following details:

the name of the court to which it is filed;
the name of the person filing the complaint and other persons participating in the case;
the name of the court that made the appealed decision, in what case, indicating its number and the date of the decision.
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The complaint shall indicate the subject of the dispute, as well as the submitted petitions.
It is recommended that the appeal contain other information from the participants in the trial that may be useful for the consideration of the case: telephone numbers, fax numbers, email addresses, etc. The list of attached documents is given in the complaint.
The appeals are accompanied by:
a copy of the contested decision;
documents relating to the payment of state duty (see clause 2, part 4, article 260);
documents confirming the fulfillment by the person filing the appeal of the obligation to send to other persons participating in the case, copies of the filed complaint and documents attached to it that they do not have, by registered mail with return receipt requested or by other means (in particular, in person against signature );
a document confirming the authority to sign the appeal.
If the complaint does not comply with the requirements of the Arbitration Procedure Code of the Russian Federation (Article 260), the court issues a ruling to leave it without progress and indicates the period during which the deficiencies must be eliminated. It is necessary to take into account that if the circumstances that served as the basis for leaving the appeal without progress are eliminated by submitting properly executed documents (on payment of the state fee, confirming the direction or delivery to other persons participating in the case, copies of the appeal and documents that they have there is no power of attorney or other document confirming the authority to sign the appeal, etc.), the documents must be submitted in such a way that by the deadline appointed by the court they arrive directly at the court, and are not sent by mail.
In accordance with Part 2 of Art. 257 of the Arbitration Procedure Code of the Russian Federation, an appeal is filed with the court that made the decision.

Where to file a complaint

An appeal is filed through the court that made the initial decision or sentence. A petition to extend the filing time is also sent through this body if the interested party missed the deadline.

The judge alone reviews the petition and determines whether the circumstances that forced the party to miss the time to file an appeal fall under the category of “excusable”. If the party's arguments deserve attention, the district court restores the deadlines and sends all the materials of the case to the higher court.

If a party files an appeal directly to the appellate court, the case is not considered and is transferred to the district court. The interested party is notified of such developments by an appropriate representation.

In the district court, the procedure is carried out in accordance with Art. 325 of the Code of Civil Procedure of the Russian Federation, namely, deadlines are checked for compliance, numbers of court decisions and information about participants are checked. Then the appeal with the case materials is sent to a higher court.

There are a number of court decisions that cannot be appealed. An appeal is not possible against the order, since the act acquires legal force at the time of promulgation. A court order can be annulled only by decision of the Constitutional Court of the Russian Federation.

Article 257 of the Arbitration Procedure Code of the Russian Federation. Right of appeal

Persons participating in the case, as well as other persons in cases provided for by this Code, have the right to appeal, in the manner of appeal, a decision of the arbitration court of first instance that has not entered into legal force.
The appeal is filed through the arbitration court that made the decision in the first instance, which is obliged to send it along with the case to the appropriate arbitration court of appeal within three days from the date the complaint was received by the court.
The appeal cannot contain new claims that were not the subject of consideration in the arbitration court of first instance.

Filing an appeal

It is advisable to file an appeal in court if the judge does not take into account circumstances and facts that could change, soften, or tighten the conclusion or sentence of the court. The most common reasons remain a superficial consideration of the factual basis and refusal to involve witnesses.

What serves as the basis for filing an appeal:

The district court refused to take into account important circumstances of the case and witness testimony.
The facts received a different interpretation during the review process. Actions qualified by the court as facts do not correspond to reality.
The rules and regulations of the process were violated.
The parties were not read out their rights; the decision was made without the participation of the plaintiff, defendant and other participants in the process.
The court's ruling does not comply with current legislation.

The procedure for filing an appeal is regulated by law; if the complaint is sent in writing through the post office, the postal stamp indicates the date the document was sent.

How to file an appeal against a district court decision

The appeal, which is written against the decision of the district court, is drawn up according to the form. When compiling, indicate the following information.

The court to which the complaint is sent.
Passport details of the applicant (full name, registration address).
Participant data (full name, registration details, telephone numbers).
Details of the court decision or sentence (number, date, composition of judges).
Fabula (descriptive part).
Applicant's requirements.
Evidence base that supports the requirements.
List of documents.
Signature, date of writing.

You can correctly draw up a paper for the appellate court yourself if you have the necessary legal knowledge. The narrative and requirements sections do not have clearly established writing rules.

To ensure that the applicant’s demands are correctly formulated and supported by relevant legal provisions, it is recommended to contact a practicing lawyer. All changes to the codec of the Russian Federation must be taken into account.

The first copy of the application is sent to the court, copies are sent to all parties. Receipts for sending documents to interested parties are attached to the package.

Filing an appeal against a court decision in a civil case

An appeal filed against a judge's decision in a civil case is considered by the same body that made the initial decision. An appeal must be filed within 30 days after the decision is announced.

To file a complaint in a civil case, you must pay a state fee, which is provided for sending an appeal to the first court. After paying the fee, be sure to attach the receipt of payment to the package of documents.

READ A short appeal to the court: what it is, how to draw it up and submit it

Transfer of the document is possible in person to the office or via mail, by letter with notification. The appeal is registered in the office, the applicant receives a dated receipt.

After paying the state fee, it is recommended to make a copy of the receipt. There are cases when payment documents are lost in the courts. Receipt restoration is only possible using a copy.

Appeal against the decision of the arbitration court

In the arbitration process, disputes related to the restoration of justice in the economic field and the sphere of private and collective entrepreneurship are resolved. The rules for the consideration of arbitration processes are regulated by the Arbitration Procedure Code of the Russian Federation, Chapter 34.

Challenges to the arbitration court are filed by the participants in the proceedings, as well as by persons who are in one way or another connected with the work of the companies and may suffer from the findings of the district court.

The deadline for sending an appeal in arbitration is reduced to 10 days if one of the parties involved in the case is held administratively liable by a court decision (a fine for illegal business activity, the accrual of penalties, etc.).

The arbitration judge schedules a technical hearing within 5 days from the date of receipt of the case and gets acquainted with the legal part of the document. As a result, it makes a determination whether the case is subject to consideration on its merits or not.

If the document meets the requirements, all participants in the process are informed by written notice of the opening of legal proceedings. The court informs about the start date of hearings by notifications, telephone calls, and through legal representatives.

Checking account

The procedure for considering an appeal in the Sixth Arbitration Court of Appeal

(Article 266 of the Arbitration Procedural Code of the Russian Federation dated July 24, 2002 N 95-FZ) (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 Procedural Code of the Russian Federation when considering cases in the arbitration court of appeal”)

Cases are considered by a collegial panel of judges according to the rules for considering a case by an arbitration court of first instance with the features provided for in Chapter 34 of the Arbitration Procedural Code of the Russian Federation" dated July 24, 2002 N 95-FZ.

In the arbitration court of appeal the following rules do not apply:

— about connecting and disconnecting several requirements; - about changing the subject or basis of the claim; — on changing the amount of claims; - about filing a counterclaim; - on replacing an inappropriate defendant, on involving third parties in the case; - on the sole consideration of the case, on the consideration of the case with the participation of arbitration assessors; - other rules established only for the consideration of cases in the arbitration court of first instance (for example, on the period for consideration of the case).

During each court session, as well as when certain procedural actions are performed outside the court session, according to the rules provided for in Article 155 of the Arbitration Procedure Code of the Russian Federation, recording is carried out using audio recording devices, which eliminates the obligation of the court to reflect in the written record oral explanations of the participants in the process.

If there are appropriate circumstances, the appellate court applies the rules: - on postponing the consideration of the case (Article 158 of the Arbitration Procedure Code of the Russian Federation), - on suspending the proceedings in the case (Articles 143, 144 of the Arbitration Procedure Code of the Russian Federation), - on a break in the court hearing (Article 163 of the Arbitration Procedure Code of the Russian Federation).

The arbitration court of appeal considers an appeal against the decision of the arbitration court of first instance within a period not exceeding two months from the date of receipt of the appeal along with the case by the arbitration court of appeal, including the period for preparing the case for trial and for the adoption of a judicial act. The following shortened deadlines for consideration of an appeal have been established: - for a determination to transfer the case to another arbitration court - 5 days from the date of receipt of the materials; - for a determination to return the statement of claim, to leave the statement of claim without consideration, to suspend the proceedings - 15 days from the date of receipt; - for a ruling on refusal to satisfy a request for a co-plaintiff to join the case, to involve a co-defendant (Article 46 of the Arbitration Procedure Code of the Russian Federation), a ruling on refusal to enter into the case of a third party who is making independent claims regarding the subject of the dispute (Article 50 of the Arbitration Procedure Code of the Russian Federation), a ruling on refusal in the entry into the case of a third party who does not declare independent claims regarding the subject of the dispute (Article 51 of the Arbitration Procedure Code of the Russian Federation), a ruling of the arbitration court on the refusal to satisfy a petition to combine the cases into one proceeding, to separate the claims into separate proceedings (Article 130 of the Arbitration Procedure Code of the Russian Federation) – 15 days from the date of receipt; - for other determinations in bankruptcy cases - 14 days from the date of receipt (clause 3 of Article 61 of the Federal Law “On Insolvency (Bankruptcy)”).

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Attention! The period for consideration of the complaint is suspended simultaneously with the suspension of the proceedings. The time during which the appeal remained pending is not taken into account when determining the period for consideration of the complaint. The running of such a period begins from the day the decision is made to accept the appeal for proceedings by the Sixth Arbitration Court of Appeal.

When considering an appeal, the Sixth Arbitration Court of Appeal reconsiders the case based on the available and additionally presented evidence.

Additional evidence (Article 268 of the Arbitration Procedure Code of the Russian Federation) is accepted in the court of appeal provided that: - the person participating in the case has substantiated the impossibility of presenting evidence to the court of first instance for reasons beyond his control (including if the court of first instance the court rejected the request to obtain evidence); — the court recognizes these reasons as valid (part 2 of Article 268 of the Arbitration Procedure Code of the Russian Federation). Persons participating in the case have the right to file petitions to call new witnesses, conduct an examination, attach them to the case, or demand written and material evidence, the examination or demand of which was denied to them by the court of first instance (Part 3 of Article 268 of the Arbitration Procedure Code of the Russian Federation). The acceptance of additional evidence in the court of appeal is supplemented by the provision that valid reasons for the impossibility of presenting evidence to the court of first instance include the rejection by this court of a petition to obtain evidence (Part 2 of Article 268 of the Arbitration Procedure Code of the Russian Federation).

Regardless of the arguments of the appeal, the court checks whether the court of first instance violated the norms of procedural law, which are the basis for canceling the judicial act of the court of first instance: - violation or incorrect application of norms of procedural law, if this violation led or could lead to the adoption of an incorrect decision; - consideration of the case by the court in an illegal composition; - consideration of the case in the absence of any of the persons participating in the case and not properly notified; — violation of language rules when considering a case; - failure to sign a judicial act by a judge or one of the judges, or signing by judges other than those indicated in the judicial act; - the absence of a court hearing protocol in the case or its signing by persons other than those specified in Article 155 of the Arbitration Procedure Code of the Russian Federation; — violation of the rule on the secrecy of meetings of judges. In addition, the grounds for changing and canceling a judicial act of the arbitration court of first instance are: - incomplete clarification of the circumstances relevant to the case; - failure to prove circumstances relevant to the case that the court considered established; - discrepancy between the conclusions set out in the judicial act and the circumstances of the case; — violation or incorrect application of substantive law (non-application of a law that is subject to application, application of a law that is not subject to application, incorrect interpretation of the law).

ATTENTION! Based on Part 5 of Article 271 of the Arbitration Procedural Code of the Russian Federation, the decision of the arbitration court of appeal comes into force from the date of its adoption (production in full).

Otherwise, cases of summary proceedings are considered by the court of appeal in the general, usual manner (at a court hearing, with the summoning of persons participating in the case, with the keeping of minutes of the court session, within a two-month period, etc.)

What arguments should be given in the complaint?

The grounds for canceling, mitigating or changing a court decision on appeal must be stated in as much detail as possible. The arguments are based on the requirements of Art. 330 Code of Civil Procedure of the Russian Federation.

In part 4 art. 330 lists the norms that are accepted by the court as undeniable grounds for overturning a decision.

illegal composition of judges;
the consideration of the case took place in the absence of an interested party;
violation of the rights of citizens to conduct a meeting in an understandable language;
the minutes of the meeting are formatted incorrectly or are missing, etc.

The beginning of the document consists of a brief description of the merits of the case, then lists the arguments that the judge did not take into account, and describes all the violations that, in the applicant’s opinion, were committed. The document ends with demands to change (soften, tighten) or cancel the decision.

It is necessary to clearly state all the arguments why the applicant considers the court’s decision illegal, supporting the words with documents that (possibly) were not taken into account by the district board.

Article 265 of the Arbitration Procedure Code of the Russian Federation. Termination of appeal proceedings

The arbitration court of appeal terminates the proceedings on the appeal if, after accepting the appeal for the arbitration court's proceedings, a request was received from the person who filed the appeal to abandon the appeal and the refusal was accepted by the arbitration court in accordance with Article 49 of this Code.
If the appeal contains new claims that were not the subject of consideration in the arbitration court of first instance that adopted the appealed decision, the appellate arbitration court terminates the proceedings on the appeal in relation to these claims.
The arbitration court issues a ruling on the termination of the appeal proceedings. Copies of the ruling to terminate the appeal proceedings are sent to the persons participating in the case no later than the next day after the day it is issued.
The ruling of the arbitration court to terminate the proceedings on the appeal may be appealed.
If the proceedings on the appeal are terminated, a repeated appeal by the same person on the same grounds to the arbitration court with an appeal is not allowed.

Documents attached to the appeal

The law does not provide a strict list of documents that are submitted for consideration. The applicant has the right to attach any papers that he considers necessary to confirm his case.

Required legal documents include:

postal receipts confirming that copies of the appeal were sent to all participants in the process;
a copy of the duty payment receipt.

Since the document is sent to the court that made the controversial decision, a copy of the decision or sentence is not attached to the appeal. The document will be sent directly with the materials.

Article 260 of the Arbitration Procedure Code of the Russian Federation. Form and content of the appeal

The appeal is submitted to the arbitration court in writing. The appeal is signed by the person filing the complaint or his representative authorized to sign the complaint. An appeal can also be filed by filling out a form posted on the official website of the arbitration court on the Internet.
The appeal must indicate: 1) the name of the arbitration court to which the appeal is filed; 2) the name of the person filing the complaint and other persons participating in the case; 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; 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, circumstances of the case and evidence available in the case; 5) a list of documents attached to the complaint. The appeal may contain telephone numbers, fax numbers, email addresses and other information necessary for consideration of the case, as well as existing petitions.
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 under receipt.
The following are attached to the appeal: 1) a copy of the contested decision; 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 petition for a deferment, payment by installments or a reduction in the amount of the 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; 4) a power of attorney or other document confirming the authority to sign the appeal. 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.

How a complaint is processed

After receiving a challenge, the appellate authority prepares the case for trial. If necessary, the judge will prepare a ruling indicating what procedural steps he intends to carry out in the proceedings.

When multiple appeals are filed, the authority orders consideration of all documents within a single process and sets a date for the actual review.

Interested parties have the right to withdraw their claims before the start of proceedings without legal consequences. The amount of state duty paid is not refundable.

Addendum to the appeal

If the appeal process is initiated due to new circumstances, the applicant petitions the court to include new documents in the trial.

The addition to the appeal in a civil case is attached to the case materials after a written statement from the interested party. These can be legal documents, receipts, witness statements, etc.

The appeal hearing is aimed primarily at restoring the rule of law and justice. It should be borne in mind that the requirements of the law may not correspond to the parties’ personal ideas about fairness. As practice shows, legal challenges help to avoid lawsuits and administrative liability in most controversial situations.

Article 264 of the Arbitration Procedure Code of the Russian Federation. Return of the appeal

The arbitration court of appeal returns the appeal if, when considering the issue of accepting the appeal for proceedings, it establishes that: 1) the appeal was filed by a person who does not have the right to appeal a judicial act in the manner of appeal proceedings; 2) the appeal was filed against a judicial act, which, in accordance with this Code, is not appealed through the appellate procedure; 3) the appeal was filed after the expiration of the deadline for filing an appeal established in this Code, and does not contain a request for its restoration or the restoration of the missed deadline for filing an appeal was refused; 4) before the decision was made to accept the appeal for court proceedings, the person who filed the appeal received a petition for its return; 5) the circumstances that served as the basis for leaving the complaint without progress have not been eliminated within the period established in the court ruling. The arbitration court of appeal also returns the complaint if the request for a deferment, installment payment of the state duty or a reduction in its amount is rejected.
The arbitration court issues a ruling on the return of the appeal.
The ruling specifies the grounds for returning the appeal and resolves the issue of returning the state duty from the federal budget. A copy of the ruling on the return of the appeal is sent to the person who filed the appeal, along with the complaint and attached documents no later than the next day after the day it was issued or after the expiration of the period established by the court for eliminating the circumstances that served as the basis for leaving the appeal without progress.
The ruling of the arbitration court to return the appeal may be appealed. If the ruling is cancelled, the appeal is considered filed on the day of the initial appeal to the arbitration court.
The return of the appeal does not prevent the repeated filing of the appeal with the arbitration court in the general manner after the elimination of the circumstances that served as the basis for its return.