Appeal sample arbitration. How to write and file an appeal against the decision of the arbitration court? How to write an appeal to the arbitration court

Blank document " Appeal on the decision of the Arbitration Court” refers to the heading “Appeal”. Save a link to the document in social networks or download it to your computer.

To __________ Arbitration Court of Appeal
_____________________________________________

plaintiff: LLC "_____________________________"
Mailing address:________________________________

Respondent: LLC "_______________________________"
Legal address:____________________________

National tax: ______________________

Case: No. _________________

APPEALS

on the decision of the Arbitration Court of the city of _______ dated __________ in case No. _____________ (on the claim of LLC "____________________" against LLC "____________" for the recovery of debt)

By the decision of the Arbitration Court of the city of _______ dated __________, ___________ rubles __ kop. and reimbursement of court costs for payment of the state fee - ______ rubles.
I consider this decision of the court illegal, unreasonable 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 concluded a framework supply agreement No. ____ dated ____________ (with annexes), under which the defendant supplied 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, special obligations of the supplier are established, including the obligations of the supplier (LLC "_____________") to pay premiums to the plaintiff.
In accordance with the terms of the supply agreement, the supplier pays the buyer the amounts of discounts and premiums agreed by the parties specified in the relevant Appendix No. __ to the supply agreement in relation to the relevant periods of the relationship between the parties.
The amounts and types of discounts and premiums are determined and established by Annex 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 ___________ y.y. also confirmed by the consignment notes presented in the case.
In addition, the plaintiff, within the framework of obligations under the framework agreement, issued invoices for the payment of premiums, which is documented.
And, since, as the court pointed out in its decision, the plaintiff provided evidence of debt under the supply agreement to the payment of the premium, the claims should be recognized as legitimate, reliable, proven and subject to satisfaction.
However, the trial court unreasonably reached such a premature conclusion by not fully examining the actual circumstances of the case.
AT this case, the contract for the supply of goods was concluded in full compliance with the requirements of civil law, 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 contract, disagreements arose between the parties on certain terms of the contract, the party that proposed to conclude the contract and received from the other party a proposal to agree on these conditions must, within thirty days from the date of receipt of this proposal, unless otherwise the term is not established by law or not agreed by the parties, take measures to agree on the relevant terms of the contract or notify the other party in writing of the refusal to conclude it.
In accordance with paragraph 3. 5 of the Agreement - the general terms of delivery - the amounts to be withheld after the completion of the transaction are paid to the buyer once a year for the period up to ___________ of the previous year, while the total amount of turnover achieved by the buyer and supplier is taken as the basis for calculations during the reporting period.
Satisfying the claims, the court of first instance referred to the act of reconciliation between the parties, which, allegedly, as the representative of the plaintiff claimed, reflected the amount of debt on the actually delivered and sold goods.
However, these statements are not true.
The court of first instance in favor of the plaintiff recovered _______ ruble __ kopecks.
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 were not taken into account by the court of first instance, which was the reason for the unjust decision, due to the 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 above and guided by Article.Article. 4, 257, 259, 260, 270, APC RF, -

P O W U S U D:

1. The decision of the Arbitration Court of _______ dated __________ in case No. __________________ on the claim of _____________ LLC against _______________ LLC for the recovery of debt - amend.
2. Adopt a new judicial act in the case, by which the claims of LLC "__________________" against LLC "______________" for the recovery of debt - partially satisfy, recovering from LLC "____________________" in favor of LLC "__________________" in compensation of debt ______ rubles __ kopecks.
3. To recover from LLC "_____________________" in favor of LLC "_____________________" the costs of paying the state fee in the amount of __________ rubles.

Appendix:
1. receipt of payment of the state fee;
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 ___________;

CEO
OOO "____________________" _____________

" " ________________ of the year

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

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

Plaintiff: _________________ LLC.
Address: 10000, Moscow,
st. _____________________.

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

Case No: 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 the release of a land plot located at: Moscow, st. ______________. The defendant does not agree with this decision of the Moscow Arbitration Court, considers it illegal and unreasonable.
In support of its findings, the court stated the following facts:
_________ ______________________________________ ______________________________________
The defendant considers the judgment illegal and unreasonable for the following reasons.
Thus, according to paragraph 1 of part 1 of article 270 of the Arbitration Procedure Code of the Russian Federation, the court did not fully ascertain the circumstances relevant to the case and did not apply the law to be applied.
Based on the above, guided by Article.Article. 257, 259, 260, 269, 270 APC RF,

ASK:
To cancel the decision of the Moscow Arbitration Court dated _______ in case A-40-____________ in full and adopt a new judicial act in the case.

Applications:
1. Copy of the Decision of the Moscow Arbitration Court dated November 11, 2010
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 that the persons do not have.

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 arbitration court is possible. Find out about the services by the specified phone number or at the office of the company.

Arbitration Court of the Kirov Region

In the Second Arbitration

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

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

case no. ____________________

against the decision of the Arbitration Court of the Kirov Region

from "___" ________ ____ years

"___" _______ ____, by the decision of the Arbitration Court of the Kirov Region, the claim was satisfied in full (partially) ________ _________________________________________________ on this case about ________

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

(specify the claims made by the plaintiff)

According to this decision, the court found that _____________________

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

However, this decision of the court is not legal and justified.

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

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

In this regard, the grounds for ____________________________________

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

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 substantiates his claims)

as well as articles 257, 259, 260 of the Arbitration Procedure Code of the Russian Federation

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. Receipt of sending a copy (copies) of the appeal to the persons participating 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 deferment, installment payment or a reduction in 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.

Head (representative) of the party filing the complaint

Signature _______________

Sample appeal against the decision of the 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 it in the second instance. In this article you will find a sample appeal to arbitration, learn about the nuances of its preparation, as well as the deadlines for filing.

Appeal against the decision of the arbitration court

An appeal is a procedural document drawn up in accordance with the rules established by Chapter 34 of the APC 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:

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

• incomplete determination of the circumstances relevant to the case;
• lack of evidence established by the judge of the circumstances that influenced the outcome of the case;
• inconsistency of the conclusions of the judge 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 opinion on the appeal to the arbitration court, citing his arguments and objections. The review is drawn up according to the same rules and form as the appeal.

Compilation procedure

1. "Hat", which includes:

• full name of the court;
• details of persons involved in litigation(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 adopted the contested decision, the number of the case, the date of the decision, the subject of the dispute.

2. The main part. Here it is necessary to describe the essence of your requirements, as well as the grounds on which the decision is being appealed. To increase your chances, you should indicate links to laws and other significant circumstances that are relevant to the case.

3. "Pleading part". In the sample, it begins with the word “please”: the complainant can ask the court to reverse the decision in whole or in part.

4. Final part. It contains a list of attached documents, the signature of the applicant and the date of preparation of the document.

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 direction of the complaint to all persons participating in the case (postal checks);
• a power of attorney or other official paper confirming the authority to sign the appeal.

Please note 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 appeal to the arbitration court at the end of the article.

Deadline for filing an appeal in arbitration proceedings

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 file an appropriate petition, indicating in it the reasons for the delay in filing an appeal (illness, long-term departure, etc.). Also, the period 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.

The Arbitration Procedure Code of the Russian Federation also establishes reduced deadlines for appealing (10 days) for certain categories of cases, for example:

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

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

The term for consideration of the appeal in the arbitration court

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

• filed by a person not entitled to appeal;
• filed against a judicial act, which is not appealed in the order of appeal proceedings;
• 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 that your appeal be returned, then after all the shortcomings have been eliminated, you have the right to apply with it again.

National tax

Payment of the state duty is a prerequisite for filing an application - without an appropriate receipt, the court will leave it without movement and will not accept it for production. If your claims are satisfied, the judge will impose on the opponent the obligation to reimburse you for legal costs.

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

Appeal against the decision of the Arbitration Court

Appeal against the decision of the Arbitration Court. By the decision of the Arbitration Court, the defendant in favor of the plaintiff was recovered on account of the debt cash and reimbursement of court costs for payment of the state fee. The said decision of the court the defendant considers 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 for the recovery of debt are partially satisfied.

To __________ Arbitration Court of Appeal
_____________________________________________

plaintiff: LLC "_____________________________"
Mailing address:________________________________

Respondent: LLC "_______________________________"
Legal address:____________________________

National tax: ______________________

on the decision of the Arbitration Court of the city of _______ dated __________ in case No. _____________ (on the claim of LLC "____________________" against LLC "____________" for the recovery of debt)

By the decision of the Arbitration Court of the city of _______ dated __________, ___________ rubles __ kop. and reimbursement of court costs for payment of the state fee - ______ rubles.
I consider this decision of the court illegal, unreasonable 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 concluded a framework supply agreement No. ____ dated ____________ (with annexes), under which the defendant supplied 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, special obligations of the supplier are established, including the obligations of the supplier (LLC "_____________") to pay premiums to the plaintiff.
In accordance with the terms of the supply agreement, the supplier pays the buyer the amounts of discounts and premiums agreed by the parties specified in the relevant Appendix No. __ to the supply agreement in relation to the relevant periods of the relationship between the parties.
The amounts and types of discounts and premiums are determined and established by Annex 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 ___________ y.y. also confirmed by the consignment notes presented in the case.
In addition, the plaintiff, within the framework of obligations under the framework agreement, issued invoices for the payment of premiums, which is documented.
And, since, as the court pointed out in its decision, the plaintiff provided evidence of debt under the supply agreement to the payment of the premium, the claims should be recognized as legitimate, reliable, proven and subject to satisfaction.
However, the trial court unreasonably reached such a premature conclusion by not fully examining the actual circumstances of the case.
In this case, the contract for the supply of goods was concluded in full compliance with the requirements of civil law, 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 contract, disagreements arose between the parties on certain terms of the contract, the party that proposed to conclude the contract and received from the other party a proposal to agree on these conditions must, within thirty days from the date of receipt of this proposal, unless otherwise the term is not established by law or not agreed by the parties, take measures to agree on the relevant terms of the contract or notify the other party in writing of the refusal to conclude it.
In accordance with paragraph 3. 5 of the Agreement - the general terms of delivery - the amounts to be withheld after the completion of the transaction are paid to the buyer once a year for the period up to ___________ of the previous year, while the total amount of turnover achieved by the buyer and the supplier is taken as the basis for calculations during the reporting period.
Satisfying the claims, the court of first instance referred to the act of reconciliation between the parties, which, allegedly, as the representative of the plaintiff claimed, reflected the amount of debt on the actually delivered and sold goods.
However, these statements are not true.
The court of first instance in favor of the plaintiff recovered _______ ruble __ kopecks.
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 were not taken into account by the court of first instance, which was the reason for the unjust decision, due to the 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 above and guided by Article.Article. 4, 257, 259, 260, 270, APC RF, -

P O W U S U D:

1. The decision of the Arbitration Court of the city of _______ dated __________ in case No. __________________ on the claim of _____________ LLC against _______________ LLC for the recovery of debt - amend.
2. Adopt a new judicial act in the case, by which the claims of LLC "__________________" against LLC "______________" for the recovery of debt - partially satisfy, recovering from LLC "____________________" in favor of LLC "__________________" in compensation of debt ______ rubles __ kopecks.
3. To recover from LLC "_____________________" in favor of LLC "_____________________" the costs of paying the state fee in the amount of __________ rubles.

Appendix:
1. receipt of payment of the state fee;
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 ___________;

CEO
OOO "____________________" _____________

HOW TO SOLVE A LEGAL PROBLEM IN 3 STEPS

Fill out the feedback form. As detailed as possible in simple terms describe your question. For a written response, please provide your return email address.

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

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

Appeal against the decision of the 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 court of appeal 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 Respondent: Name LLC
legal address: 630004, Novosibirsk,
st. Lenina, __
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: Romashka LLC
630102, Novosibirsk, st. Inskaya, ___

Third parties: 1. CJSC Tyulpan
Novosibirsk, st. Communist, ___

2. OOO "Rusland"
Kemerovo, Oktyabrsky Ave, ___

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

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

APPEALS
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 against Name LLC for damages

On January 17, 2014, the Arbitration Court of the Novosibirsk Region issued a decision on the application in case No. A45-11454/2013 on the claim of Romashka LLC against Nazvanie LLC for damages. The plaintiff's claims were satisfied in full.

The defendant's side does not agree with this decision due to the inconsistency of the conclusions set out in the decision with the circumstances of the case and the failure to prove 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, the Respondent's transportation of the Claimant's cargo along the route Novosibirsk - Irkutsk - Mirny - Udachny was agreed between them. The Respondent did not agree to transport the cargo on the terms of the Claimant, and therefore unilaterally made appropriate changes to the Claimant's Application for the transportation of cargo in terms of delivery of cargo and a penalty for delay in its delivery. However, the Defendant's car arrived at the agreed pickup location, was loaded and set off for the destination. At the same time, the accompanying transport documents were handed over to the driver. According to the Claimant, the Respondent violated the terms of delivery of the goods agreed between them, in connection with which the Claimant suffered losses in the form of penalties under an agreement with a third party (CJSC Tyulpan) in the amount of 120,000 rubles, which he asked to recover from the Respondent in his benefit.

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

The court regarded the relations of the parties as a one-time transportation, based on the established fact of the acceptance of the plaintiff's cargo for transportation. At the same time, the court considered the terms of transportation on the delivery time of the cargo to be agreed upon in the bills of lading. 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 contract of carriage. The 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 a contract for the carriage of goods is confirmed by the preparation and issuance of a consignment note (bill of lading or other document for the goods provided for by the relevant transport charter or code) to the sender of the goods (part 2 of article 785 of the Civil Code of the Russian Federation).

In accordance with Art. eight federal law No. 259-FZ dated November 8, 2007 "Charter of road transport and urban ground electric transport", the conclusion of a 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 for execution by the carrier, and if there is an agreement on the organization of transportation of goods, the application of the consignor.
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) there are no bills of lading in the prescribed form (namely, in the form approved by the Government of the Russian Federation of April 15, 2011 No. 272), and the waybills submitted by the Claimant do not have the property of relevance of evidence, since the indication in it of the Respondent, as per carrier, absent; (3) the Claimant's application for the carriage of goods was not agreed upon by the Respondent on the original terms, and no further agreement was made between the parties on the terms of carriage.

Moreover, one of the TTN submitted by the plaintiff (for the transportation of spare parts - 8 pieces weighing 0.43 tons) does not even have a date of its compilation. In the same waybill there is no information about the acceptance of the cargo for transportation, there is only information about the transfer of the cargo by Ivanin R.Yu. January 24, 2013 to a certain Ilyushkin.

Even if we accept the plaintiff's position that the defendant actually accepted the goods for transportation, the driver Ivanin R.Yew. did not have any authority to agree on the time of transportation. Job Responsibilities 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 obligations of the enterprise is the driver.

It was the impossibility of delivery by the defendant of the cargo declared for transportation (the application dated December 11, 2012 was submitted to the court) that led the defendant to refuse to conclude a transport expedition contract (as the court correctly established, the conditions for the delivery time of the cargo were not agreed). However, here, contrary to the requirements of paragraph 1 of Art. 183 of the Civil Code of the Russian Federation, the court found it established that the conditions for 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 destination within the time limits specified 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 ground electric transport", carriers are obliged to deliver goods within the time limits established by the contract for the carriage of goods, and if the specified periods are not established in the contract for the carriage of goods, within the terms established by the rules for the carriage of goods.
The rules for the carriage of goods by road (approved by Decree of the Government of the Russian Federation No. 272 ​​of April 15, 2011) establish the following requirements regarding the terms of delivery of goods (clause 63 of the Rules): if the terms are not established in the contract for the carriage of goods, delivery of goods is carried out:
a) in urban, suburban traffic - within a day;
b) in long-distance or international communications - at the rate of one day for every 300 km of transportation distance.

Any calculation of the amount of the claim in relation to the given norm is not presented by the Claimant.
In addition, the mentioned Rules for the carriage of goods by road in the event of a delay in the delivery of goods by the carrier indicate the need to draw up an appropriate act (paragraph “e”, paragraph 79 of the Rules). The act is drawn up with the participation of interested parties (parties of the contract of carriage) or unilaterally if the other party evades drawing up the act, subject to its obligatory notification of its preparation (clause 80 of the Rules). The bill of lading, order-order, waybill and accompanying sheet must contain a note on the drawing up of an act containing a brief description of the circumstances that served as the basis for its affixing (clause 81 and clause 86 of the Rules). The act must contain: a) the date and place of drawing up the act; b) last names, first names, patronymics and positions of persons participating in the preparation 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).

No act of delay in the delivery of cargo by the Defendant was also presented by the Claimant, and the above provisions of the law were simply ignored by the court.

Thus, the Plaintiff did not prove the fact of delay by the Defendant in the delivery of cargo to the recipients (if we proceed from the position of the court that the contract for the carriage of cargo between the parties was concluded).

With regard to the amount of damages, the position of the court actually boils down to the fact that it is not at all necessary for the plaintiff to prove them, the court can independently determine their amount and determined it in the amount of 120,000 rubles claimed by the plaintiff. At the same time, the court referred to the Resolution of the Supreme Arbitration Court of the Russian Federation of 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 damages caused by interim measures on an unreasonable claim (Article 98 of the Arbitration Procedural code Russian Federation), solely on the ground that the amount of damages cannot be ascertained with a reasonable degree of certainty. However, this decision is devoted to the losses caused 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 evidence of losses in the form of an agreement on the actual circumstances and on the set-off of counterclaims of the same kind dated February 28, 2013, in connection with which the court’s reasoning about the “objective difficulty of proving the amount of damages” in this situation is inappropriate. From the very beginning, the plaintiff stated the nature of these losses as penalties for the delay in the delivery of goods to a third party - Tyulpan CJSC in the amount of 120,000 rubles. However,

The plaintiff did not provide evidence of the existence between him and CJSC Tyulpan 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 the existence of this obligation, the fact that the plaintiff violated his obligations under it, the conditionality of this violation of the delay in the delivery of goods (if we accept the position of the court that it took place), as well as the validity of the claims of Tulip CJSC against the plaintiff, despite the consent of the plaintiff himself with these claims

The said set-off agreement is submitted to the court six months (.) after the case was accepted for proceedings. Meanwhile, this is the only evidence presented in support of the amount of damages. Taking into account that in fact the plaintiff did not transfer any funds against the penalty to Tulip CJSC, 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 dated January 17, 2014 in case No. A45-________/2013 on the claim of Romashka LLC against Nazvanie LLC for damages to cancel and issue a new decision to refuse in full to satisfy the requirements of Romashka LLC.

APPENDIX:

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

Representative of Nazvanie LLC
lawyer Andreeva O.B. _______________________

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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, such a role of “intermediaries”, evaluating the accepted rulings of the courts of first instance in disputes related to economic activity, is assigned to 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 the verdict in arbitration is the competent preparation of a complaint, a sample of which we will consider in this article.

Rules of law

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

Timing

The rules set for an appeal in arbitration proceedings are almost identical to those in civil proceedings. Thus, a procedural period is allotted for the protest in question - 30 days from the date of the announcement of the decision on the case, as well as for the civil process (Article 259 of the APC). It happens that, due to good reasons, the appellants miss the deadline for appeal, then it must be reinstated at the request submitted for consideration by the judge.

Requirements for a claim

1. Introductory;
2. descriptive;
3. motivational;
4. Resolutive.

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

Introductory block

Here, issue the so-called application header. In it, provide the following information:

1. Name of the arbitral tribunal.
2. The name of the judicial body through which the complaint is submitted.
3. Applicant details:
   • Company name of a commercial organization or full name of an individual entrepreneur (IP).
   • Legal address of the enterprise / individual entrepreneur.
   • Telephone.
4. Respondent information.
5. Information about all participants in the process.
6. Subject of the dispute (number of the appealed decision).
7. The amount of state duty paid.

Descriptive block

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

motivation block

In this paragraph, provide the following information:

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

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

Resolutive block

In the final part, state your requirements and requests. The main thing is that all of them 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 APC of the Russian Federation. Below is a list of attached documents. Date and handwritten signature.

What are the grounds for filing an appeal?

Any citizen who is one of the parties to the trial has the right to appeal against the decision of the court of 1st instance, if he has reason to believe that the court made an unfair (illegal) decision or did not take into account all the materials and nuances of the case when making it.

The Court of Appeal does not consider the case on the merits, that is, from scratch. But during the appeal proceedings, the parties may present additional evidence in the case and invite witnesses who did not participate (did not appear) in the 1st instance. At the same time, it should be noted that such evidence, like witness testimony, is considered by the courts of the 2nd instance only in cases where the person who filed the appeal manages to prove that they were not presented to the court of the 1st instance for objective reasons.

It is also important to note that the Court of Appeal considers the case only within the limits established in the complaint. This means that when it comes to appealing only part of judgment, the case will not be considered on the remaining points (exceptions are made only in relation to the rules of procedural law). Regardless of whether the complaint indicates the need to check the procedural legality of the decision of the court of 1st instance, the duties of the appellate court include checking the decision for compliance with the procedural rules of law.

In order to confirm or refute the legality of decisions taken by lower courts, the appellate court has the right to exercise full check decisions for their compliance with the legislation in force on the territory of the Russian Federation. In practice, this is quite rare, but part 2 of Art. 327.1 Code of Civil Procedure of the Russian Federation such a right for appellate courts fixes.

It should be mentioned that the courts of appeal only consider cases in which the decisions of the courts of the 1st instance did not have time to enter into force. According to the norms of the current legislation, a period equal to 30 days from the date of its issuance is allotted for appealing the decision of the court of 1st instance. Thus, you can file a complaint during this period, but your complaint will be transferred to the court of appeal no earlier than one month from the date of the first decision on the case. The exception is cases where the deadline for appeal was missed for a good reason, after which it was restored in court.

Who should file an appeal?

In accordance with Article 320 of the Code of Civil Procedure of the Russian Federation, the plaintiff, the defendant, the prosecutor (if he took part in the consideration of the case), as well as other participants in the process, have the right to file an appeal.

It is important to say that the court may, by its decision, determine the circle of persons who did not take part in the case, but whose interests are affected and, in the opinion of the court, are taken into account in the decision.

In which court, within what time period should I file an appeal and by whom will it be considered?

According to Art. 321 Code of Civil Procedure of the Russian Federation, the appeal is filed through the court that issued the decision in the 1st instance. Thus, if you are going to appeal, for example, the decision of the world court, then refer your complaint there. It should also be noted that in accordance with the procedural legislation, if a complaint is filed immediately with the appellate instance, it must be redirected to the court of 1st instance in order to comply with the procedural procedure for its filing.

As soon as the deadline for appeal, which we talked about above (one month), expires, the appeal, together with the full set of documents attached to it, must be sent to the court of appeal, and its copies to the participants in the proceedings.

Where is the appeal filed?

The appellate instance is determined depending on which judicial body of the 1st instance considered the case. So, for example, when it concerns the decisions of the world courts, they are appealed to the district courts, where they are considered by the judges alone. When it comes to those decisions that are taken by the courts of district and garrison military, the appeal is carried out in the regional (regional), supreme republican courts and judicial instances of cities of republican significance. In turn, when it comes to the decisions of the latter, adopted in the order of the 1st instance, their consideration is carried out by the collegium for civil proceedings Supreme Court RF.

As for the decisions taken by the district (naval) courts, they are appealed to the Judicial Collegium for Military Personnel of the Armed Forces of the Russian Federation. If the Supreme Court of the Russian Federation was the court of first instance, then the Board of Appeal of the Armed Forces of the Russian Federation will act as the appellate body.

What are the time limits for reviewing appeals?

Art. 327.2 of the Civil Code of the Russian Federation indicates that in the appellate instance (with the exception of situations when the Supreme Court of the Russian Federation or its collegium acts as such), a complaint received by it must be considered within a period not exceeding 2 months from the moment it was received for consideration.

When the Supreme Court of the Russian Federation (collegium of the Supreme Court of the Russian Federation) acts as a court of appeal, then the period for considering complaints is 3 months from the date of their receipt.

Revocation or objections to the appeal?

Art. 262 of the Code of Civil Procedure of the Russian Federation provides that the person who participates in the case (as a rule, this is the defendant or a third person who makes independent claims) draws up a response to the claim. At the same time, the Code of Civil Procedure of the Russian Federation does not contain such a term as objections. We conclude that it is a synonym for the term "review", which is used in everyday life.

A paper is attached to the document, which is confirmed by the words of the author of the review. He must also confirm the fact of sending a response to other participants in the case (postal checks about sending).

If the response is submitted not by a citizen who participates in the case, but by his representative, a power of attorney for the right to represent the interests of the participant in the case is mandatory attached to it.

Don't know your rights?

What is the basis for the appeal to be left without movement, and what are the reasons for its return?

The law stipulates a number of situations in which the appeal may be left without movement by the courts or even there may be a question of its return to the person who filed the complaint.

In particular, it may be left without movement if it does not comply with the requirements of the law in its content. Also, complaints remain without movement in cases where the persons who filed them do not pay the state duty in a timely manner.

If the court finds grounds for leaving the complaint without movement, it must issue a ruling on this no later than 5 days from the date of receipt of the documents by the court. In this ruling, the court sets a reasonable time for the person who filed the complaint to eliminate violations. If the violations are eliminated within the specified period of time, the complaint is considered filed from the moment the documents are first received by the court.

In addition, in several cases, the complaint is returned to the person who filed it:

• if the violations identified by the court were not eliminated within the prescribed period;
• if the period established for appealing against the court decision has expired, and the appeal does not contain a request for its renewal (or this request was rejected by the court);
• in case of withdrawal of the appeal by the person who filed it.

It is important to note that in order to return the complaint, it is necessary for the court to make an appropriate decision. This decision can also be appealed by filing a private complaint.

Rejection of the filed complaint, reconciliation of the parties or conclusion of a settlement agreement

At all stages - from the moment the appeal is accepted until the court issues an appeal ruling - the parties and participants in the process have the right to:

• for reconciliation;
• waiver of claims;

Refusal of the filed appeal is possible until the moment the court of appeal issues its ruling. Refusal means that a person submits a statement that there is no longer any interest in appealing against the decision of the court of 1st instance. On the basis of such an application, the court issues an appropriate ruling, and the proceedings are terminated.

Waiver of claims, recognition of the claim by the defendant, as well as the conclusion of a settlement agreement is also carried out on the basis of the submitted application.

Mandatory attributes of the appeal

In accordance with Art. 322 of the Civil Procedure Code of the Russian Federation, appeal must contain a number of required attributes:

1. The name of the court to which this complaint is addressed (we talked about how to determine the addressee above).
2. Details of the person making the complaint.
3. Details of the court proceedings that resulted in the decision and which you are going to appeal (case number, date of the decision).
4. A list of requirements that you put forward. That is, if you demand the cancellation of the said decision completely, then write so; if, for example, you are not satisfied only with the amount of the payment determined by the court, then indicate that you are asking to reconsider its size, etc.
5. Justification as to why you believe the court made an illegal or unfair decision, with references to specific rules of law that you believe were violated.
6. List of documents that are attached to your complaint. There may be evidence here (if they are presented to the court for the first time, then it is necessary to indicate the circumstances due to which this was not done in the first trial), other materials you have that are relevant to the case under consideration, as well as a document confirming the payment of the state fee.

It is important to note that you cannot make claims on your appeal that you did not make in your first trial. For example, if you are a plaintiff and demanded to recover from the defendant the amount of the debt and interest for the use of other people's money, then in the framework of the appeal proceedings you cannot additionally demand compensation for non-pecuniary damage.

The appeal must be signed personally by the person who filed it, unless such person acts through his representative. In the latter case, the complaint must also be accompanied by a power of attorney to represent your interests by other persons.

From the plaintiff Komarova Maria Vladimirovna

680010, Khabarovsk, st. Krasnoarmeiskaya, 1, apt. one

APPEALS

On the decision of the Central District Court of the Khabarovsk Territory in case No. 1111 dated March 11, 2017, at the request of Komarova Maria Vladimirovna.

On December 13, 2016, between me and Pavlov Maxim Viktorovich, an agreement was concluded for renting a residential premises located at the address: Khabarovsk, Mirnaya street, house 12, apartment 43, according to which I, as a tenant under the agreement, had to deposit , indicated by Pavlov M.V., a sum of money in the amount of 20,000 rubles (twenty thousand rubles 00 kopecks) as payment for a month of residence until December 15, 2016. According to the terms of clause 1.4 of the said agreement, Pavlov M.V. had to give me the keys to the said residential premises and provide unhindered access to the apartment from December 16, 2016. Pavlov did not fulfill the present terms of the contract.

In response to a question about the reasons for such actions, Pavlov M.V. explained that he had no desire to rent out the specified apartment, and refused to return the money. On December 20, 2016, I compiled and sent a letter to Pavlov M.V., in which I asked for the return of the amount of money unreasonably paid to him, but I never received a response.

On January 13, 2017, I applied to the Central District Court of the Khabarovsk Territory with a statement of claim, in which I asked to recover the money I paid, as well as to recover from the defendant a fine in the amount of 10,000 rubles (ten thousand rubles 00 kopecks), provided for in paragraph 3.5 of the prisoner between me and Pavlov M.V. of the contract of employment.

The court, having considered the case in open court, satisfied my demands in part. He recognized my right to receive the funds paid, however, he refused to pay me a fine in the indicated amount, satisfying the defendant's request for the calculation of the penalty at the refinancing rate of the Central Bank of the Russian Federation. Thus, the total amount that the court ordered to pay Pavlova M.V. amounted to 20,412.50 rubles. (twenty thousand four hundred twelve rubles 50 kopecks).

I consider this judgment to be a violation of Art. 330 of the Civil Code of the Russian Federation.

In accordance with Art. 228 and 330 of the Civil Procedure Code of the Russian Federation, I ask the court to change the decision of the Central District Court of the Khabarovsk Territory in case No. 1111 dated March 11, 2015 in terms of determining the amount of the fine payable by Pavlov M.V., and establish the amount of the fine in accordance with clause 3.5 the concluded contract of employment - in the amount of 10,000 rubles. (ten thousand rubles).

Applications:

• a copy of the document confirming the payment of the state fee - 1 copy. for 1 liter;
• copies appeal- 2 copies. for 2 liters;
• copy of the tenancy agreement - 2 copies. for 4 liters;
• a copy of the letter addressed to Pavlov M.V. - 2 copies. for 2 l.

(personal signature) Komarova Maria Vladimirovna