Appeal to the economic court. Appeal appeal

Appeal to the economic court. Appeal appeal

So, your company has signed a contract for the production and supply of products in favor of your counterparty.

Your company has completed the entire contract. The order is completed, the products are manufactured and delivered in strict accordance with the terms of the contract. And instead of paying, the counterparty replied, they say, wait a minute with payment, there is no money yet. It's hard for everyone now.

You waited, but did not help. Then you still waited - it did not help again. Wrote a claim - again did not help. Appealed to the court. And in court you were in for an unpleasant surprise. The economic court took and went on about your opponent. He indicated in the decision some internal contradictions in the contract, flaws in the expenditure invoices, then referred to some other absurd circumstances - and denied the lawsuit to you.

Where to go next? To file an appeal to the Economic Court of Appeal.

We tried to systematize the procedure and the main points of the passage of the appeal instance in the table below.

Who can file a complaint?

1. Immediate participants in the case (you and your opponent)

2. Persons who did not participate in the case, but the court, by their decision, touched upon their rights, interests and / or duties.

Can a court ruling appeal s sya separate from court decision?

For example, on the appointment of an examination.

Maybe, but strictly in the cases stipulated in the law. The law provides for a modest 35 such cases

What is the time limit for filing a complaint?

For a decision - 20 days,

For determination - 10 days -

since their announcement.

If at the court session only the introductory and operative parts of the decision were announced, or if it was made without summoning the parties, the term is calculated from the day the full decision was made.

To which court is the complaint filed?

And here is the attention! Previously, the complaint was filed through the court, which made the decision. Now the law has changed, and the complaint is filed directly to the appellate court.

However, it must be borne in mind that prior to the day the United Judicial Information and Telecommunication System started functioning, the complaint is filed “as before”, that is, through the court of first instance.

What should a complaint contain?

  • • the exact name of the court in which we complain;
  • • the full name of your company as the appellant, its location, including the zip code, enterprise code, communication numbers, official e-mail and e-mail addresses, if they exist;
  • • the same with your opponent, other participants in the process, if any;
  • • information about the decision appealed;
  • • Your position on the question of what is illegal and / or groundlessness of the decision, which may consist of:

    • • the incompleteness of the establishment of circumstances relevant to the case;
    • • incorrect determination of the circumstances relevant to the case, due to an unjustified refusal to accept evidence, their incorrect investigation or assessment;
    • • failure to provide evidence for valid reasons and / or incorrect determination in accordance with the circumstances of legal relations established by the court, etc.)
  • • New circumstances to be established, as well as evidence to be investigated or assessed (this should be attached, justification of the validity of the reasons for the failure to submit evidence to the court, which decided);
  • • objections to the evidence used by the court of first instance, which, in your opinion, the court should not have taken into account;
  • • petition of the complainant;
  • • date of receipt of a copy of the contested decision;
  • • list of annexes to the complaint.

What is attached to the complaint?

  • • if the complaint is filed by a representative and there is no evidence of his authority in the case - a power of attorney or other document certifying his authority;
  • • evidence of court fee payment
  • • evidence of sending a copy of the complaint to the opponent (a letter with an attachment list);
  • • evidence confirming the date of receipt of a copy of the contested court decision, if any.

To what extent does the appellate court review the case?

The Court of Appeal reviews the case on the basis of the evidence in it, as well as additional evidence presented.

He checks the legality and validity of the decision of the court of first instance within the arguments and requirements of your complaint.

The appellate court examines the evidence concerning the facts to which the participants in the case refer to in the appeal or the response to it.

The Court of Appeal does not accept and does not consider claims that were not subject to review in the court of first instance.

Evidence that was not submitted to the court of first instance is accepted by the court only in exceptional cases if the case participant presented evidence of the impossibility of submitting it to the court of first instance for reasons that were not objectively dependent on him.

The Court of Appeal is not limited to the arguments and requirements of your complaint, if during consideration of the case violation of procedural rules, which are the mandatory grounds for cancellation of the decision, or incorrect application of the rules of substantive law is found.

What are the powers of the appellate court to review your complaint?

  • • leave the court decision unchanged, and the complaint without satisfaction;
  • • cancel the judgment in full or in part and make a new decision in the relevant part or change the decision;
  • • recognize as invalid the court decision of the court of first instance in whole or in part provided for by this Code and terminate the proceedings in the relevant part;
  • • cancel the court decision in full or in part and in the relevant part to terminate the proceedings in full or in part, or leave the claim without consideration in full or in part;
  • • cancel the court decision and send the case for consideration to another court of the first instance according to the established jurisdiction;
  • • repeal the determination impeding further proceeding in the case, and refer the case for further consideration to the court of first instance;
  • • cancel your order (in whole or in part) and make one of the above decisions.

Schematically, these are the highlights of the appeals process.

Its main feature is that the court case is being reviewed, in fact, in full and an assessment of the evidence of the parties takes place again.

At the same time, as seen above, the court does not accept new evidence, unless you have substantiated the impossibility of presenting them before the impugned decision was made.

At the same time, at this stage of the process, you may well refer to the incorrect determination of certain facts by the court, the incorrect assessment of this or that evidence.

Do you doubt your ability?

Come to us!

Our specialists will accompany you at all stages of the business process!

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