An object of cassation appeal in the arbitration process. Production in the arbitration court of the cassation instance. The result of consideration of the cassation complaint

Production in the cassation is a set of procedural relations arising and developing between the arbitration court of cassation and persons participating in the case of the aim of verifying the legality of entering into legal force Acts of arbitration courts of constituent entities of the Russian Federation and arbitration appellate courts.

The verification of the legality of judicial acts is to verify the correct application of the norms of material and procedural law to the controversial relations of the parties, without accepting new evidence and without establishing new circumstances.

The object of activity of courts of cassation - entered into legitimate force of the decision (with the exception of decisions of the Supreme Arbitration Court of the Russian Federation) and the ruling (in whole or in part) of the arbitration courts of the constituent entities of the Russian Federation and arbitration courts and in cases provided by law- Definitions of the judge of the cassation instance.

Right cassation appeal endowed: Parties; Applicants I. interested people - on special proceedings, in cases of insolvency (bankruptcy) and in other cases provided for by the APC RF; third parties; as well as the prosecutor, state bodies, organs local governments and other bodies who addressed the arbitration court with a claim in protecting the interests of other persons in cases provided for by the APC RF; Persons who did not participate in the case of the rights and obligations of which the Arbitration Court accepted judicial act (legal entities and citizens carrying out business activities without education legal entity, I. individuals).

The right of the person to appeal against the judicial act adopted without his participation is determined primarily by the nature of the legal consequences caused by the adoption of such an act:

Judicial acts, the operative part of which directly contains instructions on the rights and obligations of persons not attracted to participation in the case;

Judicial acts, the content of the operative part of which the rights and obligations of persons not attracted to participation will be determined in fact, as a result of the entry into force or execution of these judicial acts (for example, decisions and decisions on the establishment of a legal fact, to recognize the right, awarding actions against objects civil rightshaving direct attitude To a person not attracted to participation in the case, judicial acts on the dispute arising from the contract, the transaction, so on.).

The federal arbitration courts of the districts are created and intended solely for the implementation of the function of cassation revision of the appealed judicial acts (Art. 274 of the APC RF), the result of this function, in addition to achieving common goal Justice, Protection of Violated Law, is the establishment of a uniform judicial practice on the territory of the judicial district, formed by the Supreme Arbitration Court of the Russian Federation.

Research enshrined in law significant signs Allows you to formulate the following definition cassation production.

Cassation production - an independent stage (law-enforcement cycle) of the arbitration process, the essence of which is to verify the federal arbitration courts of the laws of the legality of the decisions, decisions, definitions of arbitration courts of the constituent entities of the Russian Federation. More fully essence of cassation production in arbitration process characterize the following signs:

Cassation production - one of the ways to revise judicial acts that have entered into force;

Cassation production is carried out by a special link of the judicial system - the federal arbitration courts of the districts;

The procedural task of cassation production is the verification of the legality of judicial acts;

The subject of cassation production are the judicial acts of arbitration courts of constituent entities of the Russian Federation and arbitration courts and in cases provided for by law - definitions of the judge of the cassation instance;

The required basis for the excitation of cassation production is a cassation complaint of a person endowed with the right of cassation appeal.

Cassation production in the arbitration process includes the following steps:

Excitation of cassation production;

Preparation for consideration cassation appeal;

Judicial proceedings on the cassation appeal;

Decision.

The excitation of cassation production is the initial stage of the cassation revision, reflecting permission by the court the possibility of realizing the right to revise the judicial act in the court of cassation.

To the elements of the base of the excitation of cassation production, in addition to the cassation complaint, include the following legal facts: the applicant has a complaint with the status of a subject of revision - persons endowed with the right of cassation appeal; The existence of an object of revision - a judicial act to be cassated (including its entry into force); Compliance with the terms of appeal - the requirements for the form and content of the cassation complaint, the deadline for submitting or appealing for the restoration of the missed time, the order of filing the complaint.

The provisions of Article 273 of the APC of the Russian Federation establish an object of cassation revision, namely, which judicial acts can be appealed to the court of cassation instance, and regulate the composition of the subjects of the law of cassation appeal.

Cassation review objects must correspond to two main criteria.

1. B. cassation The decisions of arbitration courts of first instance and the decree of arbitration courts of the appellate instance may be appealed. The exception is the judicial acts adopted by the Supreme Arbitration Court of the Russian Federation at the first instance (part 2 of Art. 34 of the APC RF), which cannot be the subject of cassation revision. In addition to solutions and regulations, i.e. The judicial acts adopted in the first and appeal instance on the merits of the dispute, such judicial acts may be appealed to the court of cassation, as definitions of arbitration courts of the first and appeal instance (regulated by Art. 290 of the APC RF). At the same time, the appeal of the definitions adopted in the first and appeal instances specified in Art. 188 APC RF, i.e. The definitions made in the form of a separate judicial act, and in cases where the appeal of this type of definitions is provided for by the Code of Russia, as well as when such a definition prevents the further movement of the case (that is, objectively creates the conditions for making an incorrect decision on the merits of the dispute).

It should be taken into account that according to Part 1 of Art. 291 APC RF to the objects of cassation revision include not only the judicial acts of subordinate instances, but also determining the return of cassation complaints issued by the judge of the cassation instance alone. In addition, by virtue of Part 2 of Art. 291 APC RF Cassation court has the right to also revise other definitions adopted in the cassation instance, including the collegial composition, if the appeal of such definitions provides for the APC RF.

2. The necessary property of judicial acts subject to cassation appeal is to enter into force at the time of the adoption of the definition of the initiation of cassation revision.

A feature of the norms of the current APC of the Russian Federation regulating production in the cassation instance is the assignment to the foundations of the cassation review of the supervisory authority of the case for cassation revision in accordance with Part 6 of Art. 299 APC RF, i.e. At the discretion of the supervisory court. However, in this case, the corresponding appeal of the person participating in the case of the supervisory instance is necessary for the excitation of cassation production.

The composition of the subjects of the law of cassation appeal, characterized in Art. 273 APC RF briefly as "persons involved in the case, as well as other persons in cases provided for by this Code," should be determined taking into account Art. Art. 40 and 42 APC RF. Accordingly, the right of cassation appeal is subject to:

Sides;

Applicants and stakeholders - on special proceedings, in cases of insolvency (bankruptcy) and in other cases provided for in the APC RF;

Third parties;

Prosecutor, government agencies, local governments and other bodies who have applied to the arbitration court with a lawsuit in protecting the interests of other persons in cases provided for by the APC RF.

The laws of cassation appeal are attributed to the subjects. 42 APC RF Persons who did not participate in the case, the rights and obligations of which the Arbitration Court adopted a judicial act. These subjects may include not only legal entities and citizens who carry out entrepreneurial activities without the formation of a legal entity, but also individuals. Since the adoption by the court to produce a cassation complaint, these entities acquire legal status Persons involved in the case.

The excitation of cassation proceedings is carried out by filing a cassation complaint and adopting it to the production of cassation instance.

In accordance with the norm of Art. 275 APC RF The procedure for filing and movement of the cassation complaint occurs through the court of the subject of the Russian Federation, who adopted the appealed judicial act. Such an order is optimal, since at the same time the complaint enters the court of cassation instance along with the case, without which the consideration of the complaint is impossible. Violation this rule May be serious negative consequences For the applicant: the return of the cassation complaint, as well as the impossibility of restoring the term of cassation appeal, missed for this reason, which in judicial practice is often not recognized as respectful.

According to Part 1 of Art. 276 APC RF The term of cassation appeal is two months from the date of entry into force of the appealed judicial act. Respectively, double dead Cassation appeal against the decision of the Arbitration Court of the First Instance, which completes the consideration of the case on the merits, begins after the expiration of the monthly period from the date of decision-making, unless the appeal complaint was submitted, or from the date of adoption of the decision by the arbitration court of appeal, if the decision was not canceled and not changed during the appellate Revision. In cassation, separately from the judicial act adopted on the merits of the dispute, the definition made in the form of a separate judicial act, in cases where the appeal of such a definition is provided for by the APC of the Russian Federation or when this definition prevents further movement of the case.

Mounted part 2 Art. 276 APC RF is a six-month period that admits the restoration of the cassation appeal, by virtue of Part 2 of Art. 117 APC RF is a bonding and not subject to recovery when you pass.

Mounted in Art. 277 APC RF The list of requirements for the form and content of the cassation appeal is exhaustive.

The cassation appeal must be a written document, signed by a person who filed a complaint, or its representative with the authority. The complaint-in obligatory written form should contain the necessary information and details (part. 2-4, Article 277 of the APC RF), non-compliance with the requirements for the form and content of a cassation complaint by v. 1 Art. 280 APC RF entails negative legal consequences For the applicant.

The cassation appeal must indicate:

The name of the arbitration court, which serves a cassation complaint;

The name of the person feeding the complaint, indicating it procedural position, as well as other persons participating in the case, their location or place of residence;

The name of the arbitration court who adopted the appealed decision, the ruling, the number of the case and the date of decision making, decree, the subject of the dispute;

Requirements of the person submitting a complaint about the verification of the legality of the contested judicial act and the grounds for which the person submitting a complaint appeals the decision, a decree, with reference to laws or other regulatory legal acts, circumstances of the case and evidence in case;

The list of documents attached to the complaint;

Other information, petitions.

The applicant should indicate the desired result of the revision in the appeal, taking into account the list of powers of the court of cassation, named in Art. 287 APC RF: whether to cancel or change the appealed act and at the same time adopt a new decision; either transfer to a new consideration; Leave a lawsuit without considering or discontinue proceedings; Leave unchanged previously adopted judicial act.

The cassation appeal includes: -copy of the appealed judicial act; -documents confirming payment state duty in installed manner and the amount or right to receive benefits on the payment of state duty, or a petition for granting a delay, installments of paying state duty, to reduce its size; -documents confirming the direction or presentation to other persons participating in the case, copies of the cassation complaint and the documents that they are missing; - Equality or other document confirming the authority to sign a cassation complaint.

The procedure for making a cassation complaint to the production of the Arbitration Court is determined by the norm of Art. 278 APC RF, which indicates that only a cassation complaint filed in compliance mandatory requirementsis the basis for the excitation of cassation production. The inconsistency of the shape and content of the cassation appeal is an obstacle to the revision and reason to leaving the complaint without moving to elimination of deficiencies (Art. 280 of the APC RF) or the return of the complaint (Art. 281 of the APC RF). In any case, the person participating in the case is entitled to expect to consider the issue of adoption either on leaving without the movement of a filed complaint no later than the five-day period from the date of receipt of the complaint against the court of cassation instance.

Leaving a cassation appeal without a movement is made by the arbitration court of cassation, provided that it is filed with a violation of the requirements established by the APC RF, and is issued by the decision of the definition, a copy of which is sent to the person who has submitted a cassation appeal, no later than the next day after his day.

The foundation of the return of the cassation complaint: the cassation complaint is filed by a person who has no right to appeal against the judicial act in the order of cassation production, or filed to a judicial act, which is not appeal in the order of cassation production; The cassation complaint was filed after the expiration of the cassation complaint and does not contain a petition for its restoration or to restore the missed deadline; Before determining the adoption of a cassation complaint to the production of the arbitration court of the cassation instance on behalf of the cassation complaint, a petition was received about its return; The circumstances that were not eliminated by the basis for leaving the cassation complaint without movement, in the period established in the court definition; If the application is rejected on the provision of a delay, installments of paying state duty, to reduce its size.

The Arbitration Court makes a definition about the return of the cassation complaint, a copy of which is directed to the person who has submitted it, along with the cassation complaint and the documents attached to it. The direction is happening no later than the day after the day of determination or after the expiration of the period established by the court to eliminate the circumstances served as the basis for leaving the cassation complaint without a movement alone, including when deciding in this definition of a refusal to satisfy the application for the restoration of missed deadline cassation appeal (Part 2 of Art. 276, Part 2 of Art. 278 APC RF). The definition of the return of the cassation complaint may be appealed to the applicant in cassation (part 1 of article 291 of the APC RF). After eliminating circumstances that served as the basis for the return of the cassation complaint, the return complaint could be submitted again "in common order"(Art. 281 APC RF), i.e. in compliance established rules. Consequently, if the term of cassation appeal at the time of re-filing a cassation complaint, a person who submitted a complaint should also send a petition for the restoration of missed deadline.

At the stage of preparation of the cassation complaint, the consideration of the arbitration court of cassation is committed necessary actions To create conditions that allow you to solve the special procedural task of the cassation review: the notification of persons involved in the case, about the time and place of consideration of the cassation complaint through the direction of definition; permission to ensure the claim and suspension of the execution of appealed acts; study of the cassation complaint and materials of the case; Termination of production by the cassation appeal in the cases provided for in the APC RF.

Consideration of cases in the court of the cassation instance under Art. 284 APC RF is carried out according to the rules established for the court of first instance, taking into account the peculiarities of cassation production, limiting the possibility of applying the rules of legal proceedings established for the court of first instance (Section II of the APC RF).

The rules established only for the first instance, or the rules whose application is limited to the rules of chulformance, do not apply in cassation production. 35 APC RF, for example:

Participation of arbitration assessors;

Agreement on a change in negotiability;

Attracting another defendant and replace the improper respondent;

Changing the base or object of claim, an increase or reduction of claims;

Attracting to participate in third parties;

Presenting a counterclaim;

Maintaining a trial.

The term of consideration of the cassation complaint by the arbitration court of cassation should not exceed the month from the date of receipt of the cassation complaint along with the case of the arbitration court of cassation, including the term for the preparation of the case judicial proceedings and acceptance of a judicial act.

The arbitration court of cassation is considering the case in court session the collegial composition of judges according to the rules for the consideration of the case by the Arbitration Court of First Instance, with the exception of the provisions established only to consider the case in arbitration Court first instance.

The failure to appear at the court session of the arbitration court of the cassation instance of a person who submitted a cassation complaint, and other persons participating in the case, cannot be an obstacle to the consideration of the case in their absence, if they were properly notified about the time and place of trial.

The revision of the court's definitions of the cassation on the return of cassation complaints is carried out without notifying the parties. Complaints of the definitions made by the judge of the cassation instance are alone are considered by the court of cassation in the collegial composition. Complaints on the definitions made by the court of cassation instance Collegiates (for example, the definition of the cessation of production by the cassation appeal - part 4 of Art. 282 of the APC RF), are considered by the same court of collegially, but in other judicial composition (that is, the judges who did not participate In the adoption of the imposed definition). Consideration of complaints in the order of Part 2 of Art. 291 APC RF must be carried out with the notice of the parties. According to the results of cassation consideration of the complaint, a judicial act is accepted, called the definition that is not appeal, but can be revised in supervisory procedure or on newly discovered circumstances.

The grounds for the change or cancellation of the appealed acts are regulated by Art. 288 of the APC RF, establishing the limits of the implementation of the functional powers of the arbitration court of the cassation instance on the change, the abolition of the appealed acts depending on these grounds.

The basis for the cancellation of the appealed judicial act in the cassation instance is primarily the illegality of the audited act, the inconsistency of its requirements of the norms of material and procedural law. Violation of norms material law As a basis for the cancellation of a judicial act in the cassation instance, an incorrect interpretation of the law is also incorrectly understanding the law, the incorrect understanding of its essence and literal significance, which led to the settlement of a controversial relationship with the targets and the direction of the norms of law alleged by the legislator.

The illegality of the judicial act, in particular, may be caused by the inconsistency of the conclusions of the court of subordinate instance by established circumstances.

According to Part 1 of Art. 288 APC RF Arbitration Court of the cassation instance also checks the reasonableness of the appealed judicial act to the extent necessary to test the compliance of the acts of material and procedural law to be verified, based on the appendication of the cassation revision (Art. 286 of the APC RF). The conclusions of the court of first and appeal instances on the rights and obligations of the parties to be applied to the norms of law should be based on proven circumstances of the case.

The court of cassation checks the correctness of the evidence of the evidence and establishing the circumstances that are necessary to verify the arguments of the cassation complaint and in cases of devotion provided for by the law from general rules On the limits of cassation revision. Incorrect establishment of certain circumstances of the case in itself is not a sufficient basis for the abolition of the appealed judicial act in the cassation instance, if it did not lead to incorrect conclusions on the rights and responsibilities of the dispute participants.

The rules of procedural law ultimately are also called upon to ensure proper consideration of the dispute and proper settlement controversial legal relationship as a result of judicial intervention. Therefore, the basis for cancellation of the judicial act in the cassation instance is not any violation of the norms of procedural law, but the most essential of them, which led or certainly could lead to the adoption of an incorrect judicial act. On the other hand, violations of the procedural law referred to in Part 4 of Art. 288 APC RF, contradict the basic principles of the arbitration process and questioned the appealed act as an act of justice, therefore allocated to the category of unconditional grounds for cancellation of judicial acts in the court of cassation. These violations are the nature of the dismissed and irreparable at the appearance of the cassation revision, when establishing any of these violations, the case is subject to a new consideration.

The following violations of the procedure for procedural law include the abolition of the appealed judicial act:

Consideration of the case by an arbitration court in illegal composition;

Consideration of the case in the absence of any of those involved in the case and not appropriately notified about the time and place of the court session;

Violation of the rules about the language when considering the case;

adoption by the court decision, ruling decree and responsibilities of persons not attracted to participation in the case;

the unsusplanting of the decision, the resolution of the judge or one of the judges or the signing of the decision, the decision is not the judges, which are indicated in the decision, decree;

the absence in the trial record or signing it is not those persons;

Violation of the rule on the secret of the meeting of judges when making a decision, decree.

The decree of the court of cassation enters into legal force from the date of its adoption, the appeal is not subject to and can be revised only in the order of supervision and on newly discovered circumstances.

Questions related to economic activities organizations I. individual entrepreneursare permitted in arbitration courts. In Russia until 2014, they were completely independent state Structure. Now the highest authority is the Supreme Court of Russia, which also includes appealing from courts general jurisdiction. As in other sectors of legal proceedings, the arbitration process provides for challenging judicial acts that, however, have their own characteristics.

Cassation in the Russian arbitration

Arbitration in Russia, despite the differences from other branches of law, also involves the possibility of appeal and cassation appeal.

Cassation is an independent stage trialin which are checked accepted by the courts initial instance of the decision to legality, that is, for compliance with the material and procedural legal standards. She has undergone after absorption of the Supreme Court of the Russian Federation (FZ No. 186 of 28.06.2014). Justice in Russia is developing towards the unification of legislative procedures. Instead of you as the highest cassation and supervisory instance, the Economic Board of Sun is now operating.

The arbitration structure on the ground has remained unchanged. The first cassation takes place in the arbitration courts of districts (10 federal speakers for 2019 in Russia). The second stage, as in the CCP, is carried out in the Armed Forces of Russia.

In AC federal districts Considered judicial acts that have received legal force (Art. 273 APK):

• judicial orders of the AC initial instance (subjects of the Russian Federation);
• solutions of regional speakers, only if they were challenged in appeal;
• decisions of appellate speakers.

In the APC RF, the same appeal rules have been established in the Supreme Court as in the Code of Code and Code. The cassation application is submitted to those who have received legal force:

• judicial acts of regional and appellate speakers who have passed cassation in district courts;
• solutions of the AU federal districts acting as an initial instance;
• definitions of the district speakers adopted by the first cassation.

The apk provides for a 2-month term of the complaint from the moment of entry into the legal force of the contested act.

Judicial decisions of the initial instance come into force a month after its announcement in the final form, if the appeal was not submitted, otherwise after the adoption of the second instance of its resolution.

The court order is made to execute if there were no objections to the period established in it. They do not provide for the appeal stage.

The decisions of the appellate speakers submitted for arbitration definitions are appealed within 30 days from the date of their submission.

The term may be restored by submitting a separate petition to the arbitration court of initial instance. At the same time, the objective cause of late is the ignorance of the interested person on the progress of the trial (as opposed to the Code of Civil Procedure). Ask for the resumption of the term, the participant may for six months since the disputed act of controversial act.

Cassation complaint in the arbitration of the Russian Federation

The cassation appeal is prepared according to the requirements described in Art. 277 APK. She can be brought to court in writing, signed by the participant of the process or its legal representative, or through the online system "My Arbitrator". There you can see typical samples statements.

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The right of cassation appeal in the arbitration process (object, subjects, order and deadlines). Form and content of the cassation complaint. Leaving complaints without movement, its return (grounds and consequences)

Production in cassation instance — a combination of procedural relations, emerging and developing between arbitration Court of Cassation Instant and persons participating in the case in order to verify the legality of the acts of arbitration courts Subjects of the Russian Federation and arbitration appellate courts.

According to Art. 273 APC RF Persons participating in the case, as well as other persons in cases provided for by the APC RF, have the right to appeal in the order of cassation production, the decision of the first instance arbitration court entered into force.

1. The decision entered into legal force Arbitration Court of First Instanceif such a decision was the subject of consideration in the Arbitration Court of Appeal Instance or if the arbitration court of appeal was refused to restore the missed appeal complaint, I. decision Arbitration Court of Appeal Instance may be appealed in the order of cassation production in whole or in terms of the condition that otherwise not provided for by this Code, persons participating in the case, as well as other persons in cases provided for by this Code (as amended by the Federal Law of 28.06.2014 N 186- FZ).

2. Entertaining Court solutions intellectual Rights He adopted as a court of first instance can be appealed in the order of cassation production in full or in terms of persons involved in the case, as well as other persons in the cases provided for by this Code.

(Part 2 introduced by Federal Law of 08.12.2011 N 422-FZ)

3. Revision in the order of cassation production of judicial acts of arbitration courts in Judicial Collegium Supreme Court Russian Federation It is made in accordance with Articles 291.1 - 291.15 of this Code.

(Part 3 introduced by federal law of 28.06.2014 N 186-FZ)

Cassation review objects must correspond to two main criteria.

1. In cassation can be appealed decisions of Arbitration Courts of First Instance and decisions of arbitration courts of the appellate instance, and the ATC of the decision of the Court for Intellectual Disputes.

Also in the court of cassation can be appealed definitions of arbitration courts The first and appeal instances (regulated by Art. 290 of the APC RF). At the same time, the appeal of the definitions adopted in the first and appeal of the definitions specified in Art are subject to appeal to the court of cassation instance. 188 APC RF, i.e. The definitions made in the form of a separate judicial act, and in cases where the appeal of this type of definitions is provided for by the Code of Russia, as well as when such a definition prevents the further movement of the case (that is, objectively creates the conditions for making an incorrect decision on the merits of the dispute).

According to Part 1 of Art. 291 of the APC RF to the objects of cassation revision include not only judicial acts of subordinate instances, but also definitions of the return of cassation complaints The judge of the cassation instance is solely. In addition, by virtue of Part 2 of Art. 291 APC RF Court of Appeal has the right to also revise other definitions Adopted in the cassation instance, including a collegial composition, if the appeal of such definitions provides for the APC RF.

2. The necessary property of judicial acts subject to cassation appeal, — Entry into legal force At the time of making a definition about the initiation of cassation revision.

The composition of subjects of the law of cassation appeal , characterized in Art. 273 APC RF, is determined briefly as "Persons involved in the case, as well as other persons in cases provided for in this Code" should be determined taking into account Art. Art. 40 and 42 APC RF. Respectively, the right of cassation appeal is subject to:

• sides;
• applicants and stakeholders - on special proceedings, in cases of insolvency (bankruptcy) and in other cases provided for in the APC RF;
• third parties;
• prosecutor, government agencies, local governments and other bodies who have applied to the arbitration court with a lawsuit in protecting the interests of other persons in cases provided for by the APC RF.

The laws of cassation appeal are attributed to the subjects. 42 APC RF persons who did not participate in the caseThe rights and responsibilities of which the Arbitration Court adopted a judicial act. To such entities can be attributed not only legal entities and citizens who carry out entrepreneurial activities without the formation of a legal entity, but also individuals.

Cassation complaint is filed to the arbitration court of cassation instance, pentationality to consider it, Through the arbitration court, which decided.

The Arbitration Court, who decided, is obliged to send a cassation complaint with the case to the appropriate arbitration court of cassation in three days from the date of receipt of the complaint to the court (Art. 275 of the APC RF).

Cassation complaint may be filed within a period not exceeding two months From the date of entry into force of the applicable decisions, the decisions of the Arbitration Court, unless otherwise provided by the APC of the Russian Federation 9ch.1, Art. 276 APC RF).

At the request of the person who applied to the cassation complaint, the missed deadline for filing a cassation complaint can be restored arbitration court of cassation instance provided that the petition is submitted no later than six months from the date of entry into force of the contested judicial act And the arbitration court of the cassation instance recognizes the causes of the period of time than the most respectful.

The petition for the restoration of the missed deadline for filing a cassation appeal is considered by the arbitration court of cassation in the manner provided for in Article 117 of the APC RF.

The restoration of the missed deadline for filing a cassation appeal The Arbitration Court indicates the definition of the acceptance of a cassation complaint.

Before the expiration of the period established by the APC of the Russian Federation to submit a cassation complaint, it cannot be exterminated from the Arbitration Court.

The cassation appeal is submitted to the Arbitration Court in writing. The cassation appeal is signed by a person with a complaint, or its authorized complainant.

The cassation appeal must indicate:

1) the name of the arbitration court, which serves a cassation complaint;

2) the name of the person submitting a complaint, indicating its procedural position, as well as other persons participating in the case, their location or place of residence;

3) the name of the arbitration court who adopted the appealed decision, the ruling, the number of the case and the date of decision making, decree, the subject of the dispute;

4) the requirements of the person submitting a complaint about the verification of the legality of the contested judicial act and the grounds for which the person submitting a complaint appeals the decision, the decision, with reference to laws or other regulatory legal acts, the circumstances of the case and the evidence in the case;

5) The list of documents attached to the complaint.

The cassation appeal may also contain phone numbers, faxes, addresses email And other information necessary for consideration is the available petitions.

The person feeding the cassation appeal obliged to send other persons participating in the case, copies of the cassation complaint and the documents attached to itThey are missing, by registered mail with a notice of the presentation or to give them to others participating in the case or their representatives personally on receipt.

The cassation appeal includes:

1) a copy of the contested judicial act;

2) documents confirming the payment of state duty in the established procedure and the amount or right to receive benefits on the payment of state duty, or a petition for the provision of a delay, installments of the payment of state duty, to reduce its size;

3) documents confirming the direction or presentation to other persons participating in the case, copies of the cassation complaint and documents that they are missing;

4) Power of attorney or other document confirming the authority to sign a cassation complaint.

The arbitration court of the cassation instance, having established the issue of accepting a cassation complaint to produce that it was filed with a violation of the requirements established by Article 277 of the APC RF, makes a definition about leaving a cassation complaint without movement.

In definition, the arbitration court indicates the foundations of leaving the cassation complaint without movement and the period during which the person submitted to the cassation appeal must eliminate the circumstances that served as the basis for leaving the cassation complaint without movement.

A copy of the definition of leaving a cassation complaint without movement is sent to a person who has submitted a cassation appeal, no later than the next day after his submission.

In case the circumstances that served as the basis for leaving the cassation complaint without movement will be eliminated in the period specified in the court's definition, the cassation complaint is considered to be submitted on its initial admission to court and is taken to the production of the arbitration court of the cassation instance.

In the event that these circumstances are not eliminated in the period established in the definition, the Arbitration Court returns the cassation appeal And the Personal Documents attached to it, in the manner established by Article 281 of the APC RF.

Arbitration court of cassation instance Returns the cassation complaint if, when considering the issue of acceptance of a cassation complaint to produce, it will establish that:

1) a cassation appeal is filed by a person who has no right to appeal against the judicial act in the order of cassation production, or filed to a judicial act, which in accordance with the APC RF is not appeal in the order of cassation production;

2) a cassation appeal was filed after the expiration of the cassation complaint, established by the APC of the Russian Federation, and does not contain a petition for its recovery or to restore the missed deadline denied;

3) before determining the adoption of a cassation complaint to the production of the arbitration court of the cassation instance on behalf of the cassation complaint, received a petition for its return;

4) The circumstances that served as the basis for the abandonment of a cassation appeal without movement, on the period established in the court's definitions.

The arbitration court of cassation instance also returns the cassation complaint if rejected a petition for the provision of delay, installments of paying state duty, to reduce its size.

About the return of the cassation complaint the arbitration court makes definition.

A copy of the definition of the return of the cassation appeal is sent to the face that submitted it, together with the cassation complaint and the documents attached to it no later than the next day after the day of his submission or after the expiration of the period established by the court to eliminate the circumstances that served to learn the cassation complaint without movement.

The definition of the return of the cassation complaint may be appealed to the arbitration court of the cassation instance in the manner established by Article 291 of the APC RF.

In case of cancellation of the definition, the cassation complaint is considered to be submitted on the day of the initial appeal to the arbitration court.

The return of the cassation appeal does not prevent the appeal with the cassation complaint to the Arbitration Court in general, after eliminating the circumstances that served as the basis for its return.

In addition to decisions and decisions, definitions may be appealed to the court of cassation instance. The cassation revision of the definitions of the Arbitration Court of the first and appeal instance is regulated by Art. 290 apk. At the same time, the definitions adopted in the first and appeal authorities specified in Art were appealed to the court of cassation instance. 188 APK, i.e. The definitions made in the form of a separate judicial act, and in cases where the appeal of this type of definitions is provided for by the AIC, and when such a definition prevents the further movement of the case. According to h.

The right of cassation appeal and the procedure for its implementation in the arbitration process

127 of the Constitution of the Russian Federation, according to which the Supreme Arbitration Court of the Russian Federation is the highest judicial authority to resolve economic disputes and other cases considered by the Arbitration Courts, implements federal law Processing forms of judicial supervision for their activities. In this case, in accordance with Art.

4 FKZ "About judicial system in the Russian Federation "and Art. 3 FKZ "On Arbitration Courts in the Russian Federation" in under the system of arbitration jurisdiction, in addition to the Supreme Arbitration Court of the Russian Federation, also includes federal arbitration courts of districts or arbitration cassation courts, appeals courts and federal arbitration courts of constituent entities of the Russian Federation. Thus, from the analysis of the above regulations, it should be concluded that the courts of the cassation instance are in the system of arbitration courts of the Russian Federation by the usual (ordinary) authority, authorized to check the legality of judicial acts of courts of first and appeal instances, as well as in cases provided for by law , judicial acts accepted directly by the court of cassation instance, and the specifics and procedure for appealing judicial acts should be taken into account, which are the highest Arbitration Court of the Russian Federation as a court of first instance. For the period from 1992 to 2002

"On some issues of participation of the prosecutor in civil Procedurerelated to the adoption and enactment of civil procedure Code Russian Federation"

The prosecutor has the right to bring an idea regardless of whether he came to the meeting of the court of first instance.

In the case of the prosecutor of the cassation submission at the court session of the Court of Cassation, the right to take part: - in the Supreme Court of the Republic, the regional court, the court of the city of federal significance, the court autonomous region, autonomous District, District (Fleet) Military Court - executive the prosecutor's office on behalf of the prosecutor of the republic, the region, the region, the city of federal significance, the autonomous region, the Autonomous Okrug, the Military District (Fleet); - in the judicial board civil Affairs, Military College and Cassation Collegium of the Supreme Court of the Russian Federation - the official of the prosecutor's office on the instructions of the Prosecutor General of the Russian Federation. In addition, the right of cassation appeal belongs to persons not attracted to participation in the case, but the rights and obligations of which the court of first instance decided.

274 of the APC RF), the result of this function, in addition to achieving the overall goal of justice, the protection of violated law is the establishment of a uniform judicial practice in the judicial district formed by the Supreme Arbitration Court of the Russian Federation. The study of essential signs enshrined in the law makes it possible to formulate the following definition of cassation production. Cassation production - an independent stage (law-enforcement cycle) of the arbitration process, the essence of which is to verify the federal arbitration courts of the laws of the legality of the decisions, decisions, definitions of arbitration courts of the constituent entities of the Russian Federation.

In the latter case, the appellate instance is obliged to check the legality and validity of the decision in full, regardless of the fact that part of the decision of the court is not appealed. Therefore, the decision of the court of first instance does not enter into legitimate strength, both in the appealed and in the unbelongable parts. 2) Compliance established period For the filing of the appeal. The deadline for filing an appeal is established in Art.

The right of cassation appeal and its implementation

Subjects of appeal Subjects of appeal - persons participating in the case, and in cases provided for by the agro-industrial complex, also other persons (persons who did not participate in the Rights and the responsibilities of which the Arbitration Court adopted a judicial act.

42 APK). The form and content of the cassation appeal The cassation appeal is submitted to the Arbitration Court in writing. The cassation appeal is signed by a person with a complaint, or its authorized on the signing of complaints by the representative.

The cassation revision of the definitions of the Arbitration Court of the first and appeal instance is regulated by Art. 290 APC RF. At the same time, the appeal of the definitions adopted in the first and appeal of the definitions specified in Art are subject to appeal to the court of cassation instance. 188 APC RF, i.e. The definitions made in the form of a separate judicial act, and in cases where the appeal of such a type of definitions is provided for by the Code, as well as when such a definition prevents the further movement of the case.

42 APC RF Persons who did not participate in the case, the rights and obligations of which the Arbitration Court adopted a judicial act. These subjects may include not only legal entities and citizens who carry out entrepreneurial activities without the formation of a legal entity, but also individuals. The cassation appeal is submitted to the arbitration court of cassation instance, to consider it, through the arbitration court, which decided. The Arbitration Court, who decided, is obliged to send a cassation complaint with the case to the relevant arbitration court of the cassation instance within three days from the date of receipt of the complaint against the court (Art.

79), on the termination of the proceedings (Art.

86) and others. Practice are known cases when the return of the appeal in violation of Art. 151 AIC instead of determining was drawn up by writing. Such a letter will also be an object of cassation production, since the violation of the arbitration court of established rules cannot deprive the person participating in the case judicial protection. Are not objects of cassation production of the decision of the Supreme Arbitration Court of the Russian Federation, which follows from the content of Art.

The object of cassation appeal can only be a decision and the decision of the subject cannot be appealed in the cassation procedure, the decision on the case considered in the order of simplified production.

The cassation appeal can be submitted to a part of the decision or for additional decision 2) assigning subjects of appeal to the number of persons participating in the case. Persons involved in the case are entitled to bring a cassation complaint Regardless of whether they participated in the session of the court of first and appeal instances, it is important that they are allowed in the process of the AS first instance as a person participating in the case. The prosecutor can appeal the decision or ruling only if he made a claim for this case Or suffered in order to ensure legality. State bodies, ISSA authorities, other bodies participating in the proceedings of the case in the first instance, also have the right to submit a cassation complaint. In the number of persons participating in the case, the law does not specify and bailiff - performer.