Appealing the rulings of the arbitration court of appeal. Determination of the arbitration court: types and period of appeal Appeal of the protocol determination of the arbitration court

It is possible to adopt one of three types of judicial acts. When the first instance considers the case on its merits, a decision is made. The arbitration court of cassation and appeal makes a decision after the complaint is considered. All other acts adopted within the framework of the Arbitration Procedure Code of the Russian Federation are called definitions. All of them must be motivated, legal and justified.

Let us touch in more detail on the question of what the definition of an arbitration court is, the criteria for classifying this judicial act, as well as the procedure and deadlines for appealing it.

The essence of the definition

Under this concept, as mentioned above, lies a judicial act issued to formalize certain procedural actions during arbitration proceedings. For example, when a case is postponed, an examination is appointed, etc. To summarize, we can say that it can be issued at any stage of the process. There is a fairly clear answer to the question of how the decisions and rulings of the arbitration court differ: in that the latter does not provide an answer regarding the stated claims.

Requirements for a judicial act

The Arbitration Procedure Code establishes in Article 185 certain requirements for this judicial act. It must be properly completed indicating all the data. Namely:

Place and date where and when the determination was made.
The name of the court, its composition, indicating the person who filled out the minutes of the meeting.
Case number and name.
Information about the persons involved in the case (names).
The issue in connection with which this ruling of the arbitration court was made.
The motives that guided the court when summing up the results and forming conclusions, as well as the fact of accepting or rejecting the arguments of the persons involved in the case with mandatory references to legislation and other legal acts.
Direct conclusions based on the results of consideration of a specific issue.
Information on how an appeal can be made against a ruling of the arbitration court (terms and procedure).

Both when drawing up this judicial act and when receiving it in your hands, you must be extremely careful; you should thoroughly read and study the document. An error or incomplete amount of information, a violation of the procedure for issuing a ruling is a direct reason and reason for its cancellation or appeal.

Types of arbitration court rulings by content

The classification criteria for this judicial act are different (read more below). The most common and extensive is the content, so let's look at the issue in more detail. So, according to this criterion, they distinguish:

Definitions are preparatory. As the name itself suggests, they precede something, the process itself or its individual actions. For example, at the initial stage - about accepting a claim or preparing for consideration of a case, requesting evidence, etc. The purpose of such a judicial act is the need to create conditions for the protection of violated or disputed rights.
Preventative ruling of the arbitration court or, in other words, blocking. It has a goal almost opposite to the previous one, that is, it prevents the start of the process, the initiation of a case. For example, about refusal to accept a claim, or return of a complaint or application, etc.
Definitions disciplinary - a narrow circle, including the imposition of penalties, for example, for misconduct in the courtroom.
Final (or final) rulings end the proceedings. For example, about leaving a claim without consideration.
A determination concerning a judgment rendered by a court or its execution. In the first case, clarifications are given on this matter or mistakes made in the text are corrected. In the second - everything related to the execution of the decision, for example, issuing a duplicate of the execution sheet if the original is lost.
A ruling of the arbitration court concerning applications for the review of those judicial acts in which new, previously unknown circumstances have arisen (discovered).

Classification of definitions according to other criteria

1. According to the subject that adopted the judicial act, the following definitions are distinguished:

Sole;

Collegiate.

2. According to the form:

A protocol ruling is made without removing the court from the courtroom; if the case is considered collegially, then the discussion takes place on the spot, it is announced orally, but recorded in the minutes;

A ruling made by a separate judicial act, for example, a ruling by an arbitration court to secure a claim.

3. According to the order in which the ruling is made, they can be with or without the removal of the judges to the deliberation room.

4. Depending on the order of appeal: subject and not subject.

Procedure for issuance

When issuing a ruling in the form of a (separate) judicial act, the arbitration court must sign it by the entire panel or by the individual judge who considered the case. Copies of such a document must be sent to all participants in the process and persons interested in this. Requirement: registered mail and confirmation of delivery, or delivery against signature. The court is given a period of 5 days to send copies of the ruling, unless otherwise established by the rules of the Arbitration Procedure Code of the Russian Federation. This judicial act is subject to immediate execution, unless otherwise provided by law.

Appealing an arbitration court ruling: procedure

Not everyone and does not always agree with the court’s position on any issue. The law provides that a ruling made by an arbitration court can be appealed (if it provides for this or if it interferes with the subsequent progress of the case). Moreover, this can be done separately from the main judicial act that ends the case as a whole.

If the procedure and deadline for appealing the ruling of the arbitration court are not specified, or it was a protocol decision, then objections can also be raised. In this case, you will have to wait until the case is completed. After a judicial act is adopted, the final process will appeal against it, and with it the previous ruling.

Appeal against the determination

You need to start with where to submit your appeal. An appeal against a ruling of the arbitration court is submitted to the next instance - the appeal. The deadline for drawing it up and registering it, as already mentioned, is a month. Currently, there are 21 arbitration courts of appeal in Russia, the scope of their activities is delimited on a geographical basis. To write a complaint, you can either contact a lawyer or handle the task yourself.

On the official websites of institutions of the judicial system, as a rule, there is a sample, the use of which is very helpful. The structure of the complaint is quite simple. The header contains information about the plaintiff, defendant and third parties (in full, including addresses and telephone numbers), and the case number. The main part contains information about the judicial act of the first instance. Next, the plaintiff indicates his reasons for agreeing or objecting to the ruling. The final part begins with the word “I ask” and a sequential statement of requirements.

How much time is given to appeal?

The deadline for filing a complaint is clearly established by the legislator and is exactly one month. Moreover, this period is the same for all types of rulings by courts of different instances (first, appellate, cassation, as well as on intellectual rights). However, in this case there is a small reservation - unless otherwise provided by the Arbitration Procedure Code of the Russian Federation.

If the deadline for appealing the ruling of the arbitration court and the established procedure are observed, then the court accepts the complaint and begins to consider it. Ultimately, he can make several decisions regarding the previously made determination: leave it in force, without changes, or cancel it (in whole or in part).

1. This article assumes possibility of appealing judicial acts issued on certain aspects of the arbitration proceedings, without affecting the main court decision on the merits of the case.

In general, the provisions of the commented article reproduce the general ones to which this article refers.

Arbitration court determination- this is a judicial act containing authoritative instructions aimed at resolving procedural issues, as well as being the basis for the emergence, change or termination of procedural rights and obligations of persons participating in the case.

Persons participating in the case have the right to appeal, and other persons in cases provided for by the Arbitration Procedural Code of the Russian Federation:

Parties - plaintiff and defendant;

Applicants and interested parties - in cases provided for by the Code;

Third parties making independent claims regarding the subject of the dispute and not making such claims;

Prosecutor - in cases specified in the Code; The prosecutor also has this right in cases where he did not participate in the consideration of the case in the court of first instance;

State bodies, local government bodies and other bodies that, in accordance with federal law, have applied to the arbitration court with claims or statements in defense of public interests;

Persons who did not participate in the case, on whose rights and obligations the arbitration court adopted a judicial act.

Along with Russians, foreigners who participated in the case also have the right to file a complaint.

The ruling of the arbitration court can be appealed separately from the appeal of the judicial act, which ends the consideration of the case on the merits, in cases where, in accordance with the Arbitration Procedure Code of the Russian Federation, an appeal of this ruling is provided, and also if this ruling prevents the further progress of the case. The complaint is filed through the arbitration court that made the decision in the first instance, who is obliged to send it along with the case to the appropriate arbitration court of appeal within three days from the date of receipt of the complaint by the court.

2. The person filing the complaint is obliged to send to other persons participating in the case, copies of the complaint and the documents attached to it, which 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.

Attached to the complaint:

A copy of the contested decision;

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;

A document confirming the direction or delivery to other persons participating in the case of copies of the appeal and documents that they do not have;

A power of attorney or other document confirming the authority to sign the appeal.

The complaint 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.

In relation to a determination, the appeal of which is not provided for by the Arbitration Procedure Code of the Russian Federation, as well as in relation to a protocol determination objections may be raised when appealing a judicial act, which ends the consideration of the case on the merits.

A complaint against a ruling may be filed within a period not exceeding one month from the date of the ruling., unless a different period is established by the Arbitration Procedure Code of the Russian Federation. However, with regard to determining the deadline for appealing a court ruling, the commented article establishes a different deadline: a ruling of an arbitration court on a corporate dispute can be appealed to the appellate court within ten days.

Establishing the possibility of appealing court decisions in a general manner, taking into account the specifics established by this article, the law provides for a number of exceptions, i.e. judicial acts to which the specified appeal procedure does not apply. Such acts include:

Determinations to terminate proceedings;

To leave the application without consideration.

However, having established exceptions to the general rule, this article does not provide for any special procedure for appealing these judicial acts.

Today, in judicial practice, the problem has arisen of delays by persons involved in the case in connection with the appeal, often unfounded, of interim court rulings. When filing a complaint, the court is forced to forward the entire case along with the complaint to a higher court. Due to the formation of arbitration courts of appeal, the time it takes to process cases may increase significantly. And if the parties successively appeal several court rulings (in particular, this practice exists in cases of insolvency (bankruptcy)), then the process in the court of first instance can last for years, which does not correspond to the tasks assigned to arbitration courts.

3. Determination is the most common type of judicial act of an arbitration court. The determinations made during the process can be divided into two categories:

Determinations that end the consideration of the case (final);

Interim rulings that are issued throughout the entire proceedings.

The current AIC provides for a number of interim rulings that cannot be appealed separately from the final judicial act:

A ruling on consideration or refusal to consider the case in a closed court session;

On replacing a judge;

On the challenge or refusal to satisfy a request to challenge a judge;

On the involvement or refusal to involve another defendant;

On the replacement or refusal to replace an improper defendant;

On the appointment of an examination or on the rejection of a request to appoint an examination;

On preparing the case for trial;

On assigning the case to trial;

On acceptance of the appeal and initiation of appeal proceedings;

On accepting a cassation appeal and initiating cassation proceedings, etc.

The absence in procedural legislation of the possibility of appealing against interim rulings separately from the final judicial act is intended to timely consideration of the case. And the absence of such an opportunity in no way violates the procedural rights of the participants in the process and the right to judicial protection. This is confirmed by the practice of the Constitutional Court of the Russian Federation. Thus, in Resolution No. 20-P of July 2, 1998, in the case of verifying the constitutionality of certain provisions of Art. 331 and art. 464 of the Code of Criminal Procedure of the RSFSR, the Constitutional Court indicated that postponing the appeal of interim rulings of the court of first instance to a later date (together with the final judicial act) is permissible and does not violate what is guaranteed by the Constitution, including Art. Art. 45, 46, 55 (part 3), rights of citizens.

In its subsequent practice, the Constitutional Court of the Russian Federation repeatedly referred to this Resolution, including when checking certain provisions of the APC that do not allow independent appeal of interim determinations.

Another situation that can lead to a delay in the process is interruption of trial due to appeal of interim rulings, which are independent objects of appeal (on the imposition of a fine, when deciding on the adoption of interim measures, on the return of applications, complaints, etc.). In this case, the rules of Art. 257 and Art. 275 Arbitration Procedure Code of the Russian Federation. The problem is that in order to resolve the complaint, the court is forced to again send the entire case to a higher court, when often all the materials available in the case are not required to resolve the issue.

4. Part 2 of the commented article indirectly defines the list of court rulings, the appeal of which is determined in accordance with this article. Such definitions include judicial acts:

Resolved by a court in a corporate dispute;

The appeal of which is provided for by the general rules of the corresponding type of appeal;

Which does not interfere with the consideration of the case by the arbitration court and the performance of certain procedural actions in the case.

Thus, an appeal is allowed if it does not interfere with the proceedings of the case, however, the main problem of the practical implementation of such norms is connected precisely with the need to provide case materials to a higher, in this case, appellate authority, which is the basis for increasing the duration of the trial. The most logical way out of this situation seems to be the normative establishment of the possibility of suspending the timing of the trial for the period of appealing the ruling in the case.

As a general rule, the ruling of the arbitration court can be appealed separately from the appeal of the judicial act, which ends the consideration of the case on the merits, in cases where, in accordance with the Arbitration Procedure Code of the Russian Federation, an appeal of this ruling is provided, and also if this ruling prevents the further progress of the case.

In relation to a determination, the appeal of which is not provided for by the Arbitration Procedure Code of the Russian Federation, as well as in relation to a protocol determination, objections may be raised when appealing a judicial act, which ends the consideration of the case on the merits.

From the content of the Arbitration Procedure Code of the Russian Federation, it can be concluded that certain rulings are not subject to appeal, for example, on the acceptance of a statement of claim, restoration of a missed procedural deadline, leaving a statement of claim (statement) without progress, assigning a case to trial, announcing a break in a court hearing , postponement of trial, etc.

The rulings of the arbitration courts can be appealed in the appellate, cassation, supervisory procedures and based on newly discovered circumstances.

Appeals decisions of the arbitration court of first instance are filed and considered according to the general rules provided for filing and consideration of appeals against decisions of the arbitration court of first instance, unless otherwise provided by the Arbitration Procedure Code of the Russian Federation.

Certain features of the appellate procedure for appealing the rulings of the arbitration court of first instance are as follows.

First of all, the Arbitration Procedure Code of the Russian Federation contains provisions that do not allow the possibility of appealing against certain rulings of the arbitration court of first instance on appeal. Thus, a ruling on approval of a settlement agreement can be appealed to the arbitration court of the cassation instance within one month from the date of its issuance. In the same order, decisions on the return of an application, termination of proceedings in a case, leaving an application without consideration in cases of challenging regulatory legal acts, challenging an arbitration court decision, issuing a writ of execution for the forced execution of an arbitration court decision, recognition and enforcement of a foreign court decision are appealed. or a foreign arbitral award.

In relation to certain rulings, a shortened period of appeal to the arbitration court of appeal has been established. In particular, rulings made based on the results of the arbitration court's consideration of the issue of transferring the case to another arbitration court, the refusal to satisfy a request for a co-plaintiff to join the case, the involvement of a co-defendant, the refusal to allow third parties to join the case, the refusal to satisfy a request to consolidate cases in one proceeding, separating the claims into a separate proceeding, appealed within 10 days. Appeals against rulings of an arbitration court issued when considering cases on corporate disputes, with the exception of rulings to terminate proceedings and leave an application without consideration, are also filed with the arbitration court of appeal within 10 days from the date of their issuance.

In addition, complaints against a number of rulings must be considered within a period different from the general two-month period for consideration of an appeal, for example a complaint:

– on decisions to refuse to satisfy a request for a co-plaintiff to join the case, to involve a co-defendant, to refuse to allow third parties to join the case, to refuse to satisfy a request to combine cases into one proceeding, to separate claims into separate proceedings, to return a statement of claim and others that impede further progress determination cases are considered within a period not exceeding 15 days;
– rulings made based on the results of the arbitration court’s consideration of the issue of transferring the case to another arbitration court are considered within five days.

They differ from the general rules and powers arbitration court of appeal, which, based on the results of consideration of the appeal against the ruling of the arbitration court of first instance, has the right to:

– leave the ruling unchanged and the complaint unsatisfied;
– cancel the ruling of the arbitration court of first instance and send the issue for a new consideration to the arbitration court of first instance;
– cancel the definition in whole or in part and resolve the issue on its merits.

Appeal may be filed against the rulings of the arbitration court or the appellate instance, or against the decision of the arbitration court of the appellate instance, adopted based on the results of consideration of the appeal against the ruling of the arbitration court of the first instance.

Cassation appeals are considered as a general rule by the arbitration court of the cassation instance in the manner prescribed for the consideration of cassation appeals against decisions and resolutions of the relevant arbitration court. The exception is complaints against rulings of the arbitration court of appeal on the return of the appeal and against other rulings that impede the further progress of the case, which are considered within a period not exceeding 15 days from the date of receipt of such a complaint by the arbitration court of cassation.

The appeal of the decisions of the Intellectual Property Rights Court, issued by it as a court of first instance, is distinguished by its peculiarities. Thus, complaints against these determinations are submitted to the presidium of the Intellectual Rights Court for consideration in the cassation instance within a period not exceeding one month from the date of the determination.

The rulings of the arbitration court of the cassation instance, the appeal of which is provided for by the Arbitration Procedure Code of the Russian Federation, can be appealed within one month from the date of their issuance to the same arbitration court of the cassation instance. In this case, complaints against the ruling of the arbitration court of the cassation instance on the return of the cassation appeal, filed with the arbitration court of the cassation instance that issued such a ruling, are considered within 10 days from the date of receipt of the complaint by the court.

As stated in the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated September 5, 2006 No. 112 “On the application of Part 1 of Article 188, Part 2 of Article 257, Part 2 of Article 275 of the Arbitration Procedure Code of the Russian Federation when appealing rulings separately from appealing a judicial act that ends the consideration of the case under on the merits", when appealing rulings in the appellate and cassation procedures, the arbitration court that adopted the appealed ruling sends to the higher court, along with the complaint, only those materials of the case that are directly related to this complaint and are necessary for its consideration, as well as an inventory of those available in the case documents. The rest of the case materials can be sent to a higher court in copies.

Arbitration court rulings that have entered into legal force can be revised in the manner of supervision and based on newly discovered circumstances, if the Arbitration Procedure Code of the Russian Federation allows them to be appealed or they impede the further progress of the case.

Appealing a decision of an arbitration court of first instance, as a procedural procedure, depends on what kind of decision is being appealed and in what order it was made.

Highlight:

appealing final judicial acts adopted on the merits of the case (dispute);
appealing interim court decisions (rulings) adopted during the trial on certain procedural issues;
appeal in a simplified manner against decisions made within the framework of summary proceedings.

The key difference in these procedures is the timing of the appeal and some other nuances of the process. In particular, the consideration of complaints against rulings blocking the progress of the case is carried out in an accelerated manner - 15 days. Appeals against decisions made in a simplified manner are simplified and faster: as a general rule, participants in the trial are not invited to consider the complaint, and additional evidence is not accepted.

The Arbitration Procedure Code of the Russian Federation provides for four stages of appeal:

Second cassation.
Supervision.

Decisions of the court of first instance that have not entered into force are appealed through the appellate procedure. Since some judicial acts are provided for immediate entry into force, they cannot be appealed. This is typical, for example, in cases of challenging legal acts.

Features of the appeal:

It is possible to file a complaint both against the decision as a whole and against some part of it.
Final court decisions are appealed according to the general rules of appeal; determinations have their own procedure, which contains some exceptions to the general rules. A complaint against a ruling is allowed only in two cases: either the ruling blocks the progress of the case, or the possibility of appeal is directly provided for it.
An appeal may be filed by participants in the process, and in cases provided for by law, by other persons. Depending on the subject of the dispute and the specifics of the arbitration case, the right to appeal is enjoyed by plaintiffs and defendants, applicants and interested parties, the prosecutor's office, government agencies, third parties with independent claims, as well as persons whose rights and interests are affected by the appealed judicial act.
The complaint is filed through the court, whose decision is appealed, and considered by the appellate court. Such courts operate on a district territorial principle: one court for several regions of Russia.
The period for appealing the decision of the arbitration court of first instance is 1 month. But in some cases, the Arbitration Procedure Code of the Russian Federation provides for other deadlines. This depends, first of all, on the category of the case and the period established by law for the entry into force of the judicial act. For example, in administrative cases within the jurisdiction of arbitration, this period is reduced to 10 days. The missed deadline can be restored if there are good reasons for missing the deadline and the appropriate petition is filed no later than 6 months after the adoption of the appealed judicial act.
Form and content of the appeal - Art. 260 Arbitration Procedure Code of the Russian Federation. The complainant's task is not only to comply with these requirements, but also to forward copies of the complaint and attachments to other participants in the process.
The period for consideration of a complaint is 2 months. It can be extended up to 6 months. Complaints against rulings blocking the progress of a case are considered expeditiously - within 15 days.
Possible decisions based on the results of the appeal include canceling the appealed decision, making changes to it, leaving the decision in force. In the first two cases, the court must make a new decision. When appealing rulings, possible decisions in the appeal are refusal to satisfy the complaint or cancellation of the ruling with the referral of the issue for a new consideration or its resolution on the merits.

Depending on the situation, cassation can be either the first or the second stage of appeal. In cassation, the decisions of the arbitration arbitration of the first instance that have entered into force, as well as decisions made in the appeal, are appealed. In addition, court orders are reviewed by cassation. The definitions of the cassation authority itself may also be the object of appeal, but only if this is expressly provided for by the APC.

Procedural features:

The same persons who have the right to appeal have the right to cassation.
The main cassation instance is the district court corresponding to its territoriality (there are 10 in total).
The complaint is sent to cassation through the court, whose decision is being appealed.
The appeal period is 2 months after the decision enters into force. In case of a cassation appeal against the final decisions of the arbitration tribunal of the first instance, the appeal period is actually 3 months from the date of the decision, but provided that no appeal has been filed. If there was an appeal, then the 2-month period is calculated from the date of the decision - the appeal decision - based on the results of consideration of the complaint in this instance. In cases of challenging regulatory legal acts, the cassation period is 1 month from the date the appealed decision enters into force. A similar period is provided in some other cases. To correctly determine the period of appeal (it may vary), it is necessary to take into account the category and specifics of the case, the type, procedure for the adoption and entry into force of the appealed judicial act, as well as the use or non-use of the right to appeal. The missed deadline can be restored in the same way as in the appellate instance.
Form and content of the complaint - Art. 277 Arbitration Procedure Code of the Russian Federation.
Copies of the complaint and its attachments must be sent to other participants in the process.
The procedure for appealing rulings adopted in arbitration of the first and appellate instances differs from the general rules, having some features. They can be appealed if such a possibility is directly provided for by the APC or the ruling blocks the progress of the case. The period for appealing a ruling is 1 month after its issuance, unless otherwise provided.

Second cassation

In the procedure of the so-called second cassation, complaints against decisions of the court of the first, appellate and cassation instances are considered.

If we consider the second cassation as the third stage of appeal, then this instance considers complaints:

On the ruling on the return of the cassation appeal. Cases are considered by the panel of the court whose decision is being appealed within 10 days.
To other rulings of the cassation authority, if their appeal is expressly provided for by the APC. Considered by the court whose decision is being appealed, but by different judges.
On judicial acts that have entered into force and have passed the first cassation. Such complaints are the subject of consideration by the Judicial Collegium of the Supreme Court of the Russian Federation in cassation proceedings.

Supervision

The supervisory authority is the Supreme Court of the Russian Federation. Supervisory complaints are directly considered by the Presidium of the RF Armed Forces.

By way of supervision the following are appealed:

judicial acts (decisions, rulings) of the Judicial Collegium of the Armed Forces of the Russian Federation that have entered into force, adopted in the procedure for considering the case in the first instance and undergoing appeal, as well as appellate rulings issued when appealing such judicial acts;
cassation rulings of the Investigative Committee of the Armed Forces of the Russian Federation.

Peculiarities:

The period for appealing by way of supervision is 3 months after the appealed decision comes into force. It is possible to restore this period if there are valid reasons and the 6-month deadline for filing the relevant petition is observed (Part 5 of Article 308.1 of the Arbitration Procedure Code of the Russian Federation).
Contents of the complaint - Art. 308 part 2 of the Arbitration Procedure Code of the Russian Federation.
Before being sent to the Presidium of the Supreme Court of the Russian Federation, the complaint and the case materials are examined by a single judge of the Supreme Court, who makes a decision on the further movement of the complaint.
The period for supervisory review of a complaint is 2 or 3 months, depending on whether only the complaint or the arbitration case as a whole is being considered. The 3-month period can be extended for another two months.
The complaint with the arbitration case is considered by the Presidium of the Supreme Court of the Russian Federation with the invitation of the participants in the case to the meeting.
The grounds for upholding the complaint are exceptional. Cancellation or modification of a contested judicial act is possible if the decision violates constitutional rights and freedoms, generally recognized norms of international law, public interests, the rights and interests of an unlimited number of persons or goes against the uniform application and interpretation of legal norms. When preparing a complaint, it is necessary to refer to such grounds in your demands and confirm their existence with evidence.
The decision of the Presidium of the RF Supreme Court is not subject to appeal. Further, the case can only be reconsidered due to newly discovered or new circumstances.

Appealing decisions in the arbitration process requires a clear understanding of all stages of this procedure, the order established for each of them, as well as strict adherence to deadlines. It is the violation of deadlines and order that often becomes the main problem in achieving the desired goals.

What is important to consider:

The nature of the arbitration case is the subject of the dispute or application, the procedure for the trial (general, order, simplified, special jurisdiction of the arbitration court, civil or administrative case, proceedings to challenge regulations, processes related to arbitration, etc.).
What kind of judicial act is being appealed - decision, decree, ruling, type of ruling, court order. The appeal procedure, the application of general or special rules, the determination and compliance with deadlines directly depend on this.
The judicial act of which instance is being appealed - first, appeal, first or second cassation. There may be situations when it is necessary to appeal not one act, but several or a chain of acts adopted one after another. For example, it is often necessary to review both the main decision in a case (first instance) and the appellate decision thereon. In this regard, you need to be very careful about the content of the complaint and clearly formulate the requirements.
Do you have the right to appeal a specific judicial act? In cases where determinations are appealed, this must always be analyzed by everyone, because not every determination is subject to appeal. In other situations, only direct participants in the process - applicants, the second party, plaintiffs and defendants - have an unconditional right.
Goals and objectives of the appeal. Here it is important to calculate your strength, financial capabilities, and time investment. All stages of appeal are a very long process, and if a lawyer is involved, it is expensive.

A lot of cases go through appeal and cassation. Few reach the supervisory stage, especially given the limited grounds for overturning or changing appealed decisions.

Ideally, the process of appealing a specific judicial act should be initially thought out and developed in the form of a certain scheme for passing through each stage, if there are several of them. This is especially true for complaints about final court decisions that are made on the merits of the case (dispute). In this case, the order and timing, and the whole process, will always be in front of your eyes, which will allow you to avoid serious mistakes.

In recent years, the judicial system of the Russian Federation has been undergoing a reform process, in particular related to the unification of the highest judicial authorities. This affects changes in procedural legislation. Since 2014, the procedure for cassation and supervisory review of arbitration awards has been seriously changed. Now it is not the Supreme Arbitration Court, but the Supreme Court of the Russian Federation that is the superior authority in relation to all other arbitration courts. Many changes to arbitration procedural legislation are still planned to be adopted. Compliance with the appeal procedure presupposes strict adherence to the current provisions of the Arbitration Procedure Code of the Russian Federation, therefore the preparation and submission of a complaint, as a procedure, must be checked and rechecked for compliance with current standards. The most effective way to eliminate mistakes is to entrust the appeal to a lawyer or advocate whose practice is related to the conduct of arbitration cases.

The appeal consideration of complaints against the rulings of the arbitration court of first instance occurs according to the rules for the consideration of appeals against court decisions with some features provided for in Parts 2, 3 of Art. 272 of the Arbitration Procedure Code of the Russian Federation.

The procedure and deadlines for appealing rulings are provided for in Art. 188 Arbitration Procedure Code of the Russian Federation.

Article 188. Procedure and terms for appealing rulings

1. The ruling of the arbitration court may be appealed separately from the appeal of the judicial act, which ends the consideration of the case on the merits, in cases where, in accordance with this Code, an appeal of this ruling is provided, and also if this ruling prevents the further progress of the case.

2. In relation to a ruling, the appeal of which is not provided for by this Code, as well as in relation to a protocol ruling, objections may be raised when appealing a judicial act, which ends the consideration of the case on the merits.

3. A complaint against a ruling of the arbitration court of first instance may be filed with the arbitration court of appeal within a period not exceeding one month from the date of the ruling, unless other procedures and deadlines are established by this Code.

3.1. A complaint against a ruling of the Intellectual Rights Court, issued by it as a court of first instance, may be filed with the presidium of this court for consideration in the cassation instance within a period not exceeding a month from the date of the ruling, unless other procedures and deadlines are established by this Code.

4. A complaint against a ruling of the arbitration court of the appellate instance may be filed with the arbitration court of the cassation instance within a period not exceeding one month from the date of the ruling, unless another period is established by this Code.

5. A complaint against a decision of an arbitration court of the appellate instance, adopted based on the results of consideration of an appeal against a ruling of the arbitration court of the first instance, may be filed with the arbitration court of the cassation instance within a period not exceeding a month from the date of entry into force of such a decision, if, in accordance with Under this Code, such a decision may be appealed to the arbitration court of cassation.

6. A complaint against a ruling of the arbitration court of cassation may be filed within a period not exceeding a month from the date of the ruling, in the manner established by Article 291 of this Code.

The subject of an appeal may be a determination that ends the consideration of the case on the merits, if the Arbitration Procedure Code of the Russian Federation provides for the possibility of appealing such a determination. A ruling that prevents further progress of the case may also be appealed.

The Arbitration Procedure Code of the Russian Federation establishes that some determinations cannot be appealed on appeal (the complaint is filed with the cassation court). These definitions include:

Determination on approval of the settlement agreement (Part 8 of Article 141 of the Arbitration Procedure Code of the Russian Federation);

Ruling to challenge the decision of the arbitration court (Part 5 of Article 234 of the Arbitration Procedure Code of the Russian Federation);

Determination in the case of issuing a writ of execution for the forced execution of an arbitration court decision (Part 5 of Article 240 of the Arbitration Procedure Code of the Russian Federation);

Determination in the case of recognition and enforcement of a decision of a foreign court or a foreign arbitration award (Part 3 of Article 245 of the Arbitration Procedure Code of the Russian Federation).

As a rule, a complaint against a ruling can be filed within one month from the date of the ruling. Some determinations have different deadlines. In particular, in cases of insolvency (bankruptcy), rulings, the appeal of which by law is allowed separately from the judicial act that ends the consideration of the case on the merits, can be appealed within 10 days from the date of their issuance (see Part 3 of Article 223 Agroindustrial Complex of the Russian Federation).

The ruling on the return of the statement of claim and other rulings that impede the further progress of the case are not considered within a month, as provided for in Art. 267 of the Arbitration Procedure Code of the Russian Federation, and in an accelerated manner - within a period not exceeding 10 days from the date of receipt of the appeal to the court (Part 3 of Article 272 of the Arbitration Procedure Code of the Russian Federation).

Based on the results of consideration of the appeal, the court makes one of the following decisions:

Leaves the determination unchanged and the complaint unsatisfied;

Cancels the ruling and sends the case for a new trial to the arbitration court of first instance (in this situation, the appellate court cannot replace the court of first instance and act in its role);

Cancels the definition (in whole or in part) and resolves the issue on the merits.

Article 272. Appeals against rulings of the arbitration court of first instance

1. The rulings of the arbitration court of first instance are appealed to the arbitration court of appeal in accordance with Article 188 of this Code.

2. Appeals against decisions of the arbitration court of first instance are filed with the arbitration court of appeal and are considered by it according to the rules provided for filing and consideration of appeals against decisions of the arbitration court of first instance, with the features provided for in Part 3 of Article 39 of this Code and Part 3 of this article.

3. Appeals against the rulings of the arbitration court of first instance, the appeal of which is provided for in Articles 46, 50, 51 and 130 of this Code, as well as against rulings on the return of the statement of claim and other rulings that impede the further progress of the case, are considered by the arbitration court of appeal within a period not exceeding fifteen days from the date of receipt of such a complaint by the arbitration court of appeal.

4. Based on the results of consideration of a complaint against a ruling of the arbitration court of first instance, the arbitration court has the right to:

1) leave the ruling unchanged and the complaint unsatisfied;

2) cancel the ruling of the arbitration court of first instance and send the issue for a new consideration to the arbitration court of first instance;

3) cancel the determination in whole or in part and resolve the issue on the merits.