Complaint to the Third Arbitration Court of Appeal. Appeal against the decision of the arbitration court

To the Thirteenth Arbitration Court of Appeal
191015, Saint Petersburg, Suvorovsky Prospekt, 65.

Plaintiff: Gondareva Irina Aleksandrovna,
registered at the address: St. Petersburg,
Rostovsky prospect, building. 129, apt. 191,
passport 49 203 No. 73867027,
issued by 51 O/M of the Moscow district of St. Petersburg.
Address for correspondence:
185167, Moscow, Leningradskoe shosse, 947, building 19, office. 8449.

The plaintiff's representative - LLC "Garant Ltd",
Tel. 8-495-4971-71-99, 8-966-963-79-43.

Respondent: Feder Alexander Karlovich,
registered at the address: Leningrad region,
St. Petersburg, st. Central Alley, 766 sq. 991,
passport 751 798 02378576, issued on August 31, 2013
TP No. 528 of the Priozersk Island of the Federal Migration Service of Russia
in St. Petersburg and the Leningrad region.

Respondent: Society with limited
responsibility of the Publishing House
"Progress, innovations Ltd.",
OGRN 199784371289210, location address:
176343, St. Petersburg, pl. Pravdy, 92, off. 3187.

State duty: 2000 (two thousand) rubles

Case No. A56-3118-6509/2014

Brief
for the ruling of the Arbitration Court of St. Petersburg in arbitration case No. A56-31186509/2014

On January 25, 2014, the Arbitration Court of St. Petersburg issued a ruling according to which the court terminated proceedings in case No. A56-3118-6509/2014 “on invalidating the agreement dated July 1, 2012 No. 83-PRK “on the transfer of rights to publish printed materials” concluded between Feder Alexander Karlovich and the Society with limited liability Publishing house"Progress, innovations Ltd."

The plaintiff believes that the ruling is illegal and subject to cancellation, since it was adopted in violation of the norms of substantive and procedural law.

Based on Art. 27, 28 of the Arbitration Procedure Code of Russia, as well as in accordance with paragraph 2, 3 of paragraph 2 of the Resolution of the Supreme Arbitration Court Russian Federation dated December 9, 2002 No. 11 Arbitration courts are authorized to consider, in the manner of arbitration proceedings, cases on disputes related to civil relations, economic disputes related to the implementation of entrepreneurial and other economic activity. The magazine “Industry-99” (hereinafter referred to as the “Journal”) was established by the Plaintiff and the Defendant in accordance with current legislation, namely the Law of the Russian Federation of December 27, 1991 No. 2124-1 “On the Mass Media”.

In accordance with clause 2.1. - 2.5. Charter, Editorial Board of the Journal “Progress, Innovations Ltd.” carries out economic and entrepreneurial activity in full, namely, has current accounts, separate property, enters into agreements on its own behalf, etc. Based on clause 2.7. Charter, the Editorial Board of the Journal carries out any types of production, economic and commercial activities. In accordance with Article 4.1. disputed agreement No. 83-PRK dated July 1, 2009 “on the transfer of rights to publish printed materials” (copy in the case materials, Appendix No. 5 to Statement of claim) the publication of the Magazine generates profit, 5% of which is paid to the Defendant. Based on the foregoing, we can conclude that the Journal was created by the Plaintiff and the Defendant, including for the implementation of economic and other business activities.

Moreover, the Plaintiff and the Defendant are individual entrepreneurs without organization legal entity, in connection with which, this case is within the jurisdiction of the arbitration court (copies of Extracts from the Unified State Register of Individual Entrepreneurs).

Based on the above, in accordance with Art. 8, 9, 11, Civil Code of the Russian Federation, art. 151, 181, 272 Arbitration Procedure Code of the Russian Federation,

P R O S H U:

1. Cancel the ruling of the Arbitration Court of St. Petersburg dated January 25, 2014 in case No. A56-3118-6509/2014.

Application:

1. Copy of the Extract from the Unified State Register of Individual Entrepreneurs in relation to Feder A.K.

2. Copy of the Extract from the Unified State Register of Individual Entrepreneurs in relation to I.A. Gondareva.

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, in which the applicant requests to cancel or change a decision of the first instance that has not entered into legal force. It has the following features:

• an appeal can be filed by persons who participated in the case (plaintiff, defendant, third party), or by those who did not participate (if a judicial act was made in relation to their rights and obligations);
• its filing is possible only in relation to a decision that has not entered into force;
• submitted through the first instance;
• the applicant cannot include new requirements that were not the subject of consideration in the court of first instance.

In order for your application to be granted, make sure that there is at least one of the following grounds:

• incomplete determination of circumstances relevant to the case;
• failure to prove the circumstances established by the judge that influenced the outcome of the case;
• discrepancy between the judge’s conclusions and the available evidence;
• violation or incorrect interpretation by a judge of substantive or procedural law.

In accordance with, a person participating in the case has the right to send his response to 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.

Procedure for compilation

1. “Hat”, which includes:

• full name of the court;
• details of the persons participating in the trial (for legal entities this is the name, INN, OGRN, address, for individuals - full name, passport details and contact information);
• name of the arbitration court that made the appealed decision, case number, date of the decision, subject of the dispute.

2. Main part. Here you need to describe the essence of your requirements, as well as the grounds on which you are appealing the decision. To increase your chances, you should provide references to laws and other significant circumstances that are relevant to the case.

3. “The pleading part.” In the sample, it begins with the word “I ask”: 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 applicant’s signature and the date the document was drawn up.

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

• a copy of the contested decision;
• receipt of payment of state duty;
• confirmation that the complaint has been sent to all persons involved in the case (postal checks);
• a power of attorney or other official document 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 attached documents. This can be done either by registered mail with notification, or in person against signature.

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

Deadline for filing an appeal in the arbitration process

In accordance with the article, the parties have a month to appeal after the verdict. Current legislation also provides for the possibility of reinstating the deadline if the applicant had valid reasons for missing it. To do this, it is necessary to submit a corresponding petition, indicating in it the reasons for the untimely filing of the appeal (illness, long departure, etc.). Also, the deadline will be restored if the applicant proves that he did not know about court decision, the content of which affects his rights and obligations.

The Arbitration Procedure Code of the Russian Federation also establishes shortened deadlines for appeal (10 days) for some categories of cases, for example:

• in cases of bringing to administrative responsibility;
• in cases considered through simplified proceedings;
• in bankruptcy proceedings.

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

Time limit for consideration of an appeal in the arbitration court

Establishes that the complaint must be considered by a judge within two months from the date of its receipt. However, it may be returned to the applicant if:

• filed by a person who does not have the right to appeal;
• filed against a judicial act, which is not appealed through the appellate procedure;
• the deadline for its submission has expired;
• the applicant withdrew his complaint;
• the circumstances that served as the basis for leaving the application without progress have not been eliminated ( ).

If the court has ruled to return your appeal, then after eliminating all the shortcomings, you have the right to appeal again.

State duty

Payment of the state fee is a mandatory condition for filing an application - without the appropriate receipt, the court will leave it without movement and will not accept it for proceedings. If your claims are satisfied, the judge will oblige your opponent to reimburse you for legal expenses.

The fee is fixed and is 3000 rubles.

The decision of the arbitration court has been and remains the most popular form of protest against a court verdict. During the process, cases are examined that for one reason or another have not entered into force. In order for an appeal to bring results, it must be completed in accordance with all the rules, as shown in the sample.

What is an appeal

An appeal against an arbitration court decision is the disagreement of one of the participants trial with a previous court decision.

It must be submitted in writing.

The applicant has to demand a retrial when he is sure that the court did not take into account all the arguments of the persons participating in the process or did not comply with all the rules of the procedure. That is, if such an application is filed, a new review of the case begins. At the same time, the arbitration court will not accept new facts in the case.

As a result of the proceedings, a court order is issued, which is an act of protection of rights for each of the parties. This document confirms the legality of the court decision. If the plaintiff or defendant does not agree with it, then he has a period of 30 days to appeal the verdict.

Deadlines for filing a complaint

If the applicant wants to reopen the case, then he must submit his demand letter within the due date. A whole month has been allotted for this. The countdown begins from the moment the judge announces the decision. This law is spelled out in Art. 259 APC. A positive response to a request for review is permitted, even if the complaint was filed after the allotted time. But in in this case should definitely be cited good reason, which will satisfy the court. You are allowed to miss the deadline by no more than six months.

A sample appeal against a decision of an arbitration court will allow you to correctly compose a letter, which is then sent to the relevant authorities. It must be submitted through the office of the judicial institution where the decision was made. final decision to the point.

Procedure and terms for consideration of a complaint

The review procedure requires fulfillment of the following requirements:

• the case must proceed according to the laws established by the court;
• the court must set out the essence of the decision against which the complaint was received;
• after the report, the person acting as the plaintiff must give his own explanations;
• then each participant in the process expresses his opinion on the case;
• the court will allow some time for debate;
• After passing all stages, the court can go to the room to make a decision.

During the rehearing of the case, it is necessary to present more convincing arguments than those discussed at the first court hearing.

What must be included in the appeal

A sample appeal against an arbitration court ruling will help you understand what should be included in your letter to the applicant. The AIC of the Russian Federation does not set certain conditions that must be observed when writing the form. You just need to adhere to the plan for presenting information and facts, and also take into account general recommendations for document management. The sample appeal to the arbitration court has the following points that you need to mention in your letter to the court:

• Full name of the institution that deals with arbitration matters. This is where the complaint is filed.
• Applicant's name and residential address. If the plaintiff is an organization, then its place of registration and any contact information must be indicated.
• Information about the authorized person. This item is optional.
• Information about other parties involved in production.
• Information on the case. This paragraph should talk about the court where the decision was made and official data about the verdict itself.
• The following sets out the facts that, in the opinion of the applicant, will be of interest to the court. The reasons for disagreement with the verdict and possible demands on the part of the plaintiff are also indicated here.
• At the end of the letter you should put the date it was written and a signature.

The procedure for filing an appeal does not allow deviations from the intended plan, which can be seen in the sample. This point is spelled out in Article 260 of the Arbitration Procedure Code of the Russian Federation.

What to include with your application

An appeal to an arbitration court must have material support if the plaintiff expects to win the case. The applicant should prepare the following documents:

• Copies of the complaint itself.
• A duplicate of the document that needs to be disputed.
• A receipt confirming payment of the state fee.
• Power of attorney.
• Documents that indicate the veracity of the data specified in the letter to the court. For example, this could be the testimony of witnesses.

The court will only consider an appeal that is supported by the necessary documentation.

Features of filing a short appeal

An appeal against a ruling of the arbitration court can be brief if the circumstances so require. It has few differences from the standard form of writing a letter. The only difference is that a short complaint provides a specific content of the essence of the problem, which is given for study by the body considering court cases.

All wording in such a complaint should be as concise as possible, but not lose its essence. It should not mention facts concerning the motives of the judicial institution in which the decision was made.

You are allowed to write a complaint to short form in the following cases:

• the court decision is delayed;
• the applicant is confident that his motivation part of the letter will speak in favor of his arguments;
• there are solid grounds for filing a complaint.
• there is a need to delay the hearing process.

There are other cases, but they are only rarely taken into account by the court.

Once again, it is not worth filing a short complaint just because the court is delaying the deadline during which it was supposed to announce the verdict. But this technique is not prohibited. So the applicant himself decides whether it is appropriate to use it in a particular situation.

Important nuances

When filing a complaint, you should take into account the following conventions:

• A letter to the court can be drawn up in any form convenient for the applicant. It is written by hand or typed on a computer.
• Syntax and spelling errors should be avoided. The complaint must be written correctly.
• It is required to provide duplicates of the claim to all persons who are in one way or another involved in the process.
• When filing a complaint, the applicant must be prepared to pay the state fee (333.19 of the Tax Code of the Russian Federation). If the court receives another letter from the other party, then she will no longer have to pay for it.

If gross errors are revealed in the complaint, the second party has every right object to her legally. To avoid such problems, you should strictly follow all recommendations for preparing an important document.