The court of appeals. The arbitration court of cassation

Date:

2018-03-19 23:08:20

Views:

548

Rating:

1Like 0Dislike

Share:

Table of contents:

The appeal proceedings — a significant part of the judicial process. In accordance with Russian legislation it may be exercised by the courts of General jurisdiction arbitral tribunals. The order of cassation has nuances depending on the specifics of a particular judicial institutions. What are the features of their tasks? What judicial institutions play a major role in the framework of the appeal proceedings?

Manufacture in court of cassation

What is the essence of any appeal?

First of all, consider the nature of the terms relevant to the procedures in question. The main function in this case is performed by the court of cassation — an institution operating within the framework of the corresponding production. In the Russian legislation it involves the treatment of the parties to the proceedings in the court of third instance — after the institutions that considered the merits of the case, and the court of appeal. For what purpose this request can be implemented?

The court of appeal considers the various complaints and representations in relation to the entered into force decisions of other judicial institutions. To initiate appeal proceedings, the business side needs to file a complaint directly in the court of appeals. This needs to get done within 6 months after the entry into force of the decision which has been appealed within the framework of the mechanism referred to.

The Decision of the court of cassation may lie in the abolition of the judicial act of the first or second instance, if you have found violations of law affecting the result of the case, without addressing which can't be done the restoration and protection of violated rights, freedoms and interests of citizens.

Recommended

Calculation and payment of sick leave

Calculation and payment of sick leave

Sick Pay provided by the legislation of the Russian Federation, in particular TC and FZ No. 255. In addition, some rules are governed by the provisions of the civil code. Any employee upon the occurrence of a certain disease should contact a health f...

Employee certification for compliance with the post: purpose, procedure, result

Employee certification for compliance with the post: purpose, procedure, result

Employers perceive the order of certification of employees as a formality. Regulations intended for commercial organizations, were not issued. Certification is required only for employees of the organizations designated in the laws of the spheres, le...

Registration of vehicle: procedure, sample application, certificate

Registration of vehicle: procedure, sample application, certificate

Every person who buys a car needs to do its registration in the traffic police. It is necessary when purchasing new or used cars, as well as no matter whether the seller of natural persons or legal entities. Check the vehicle is in the traffic police...

The appeal proceedings in courts of General jurisdiction

Consider the basic nuances that characterize the appeal proceedings in courts of General jurisdiction, from the point of view of legislative regulation of the procedure.

First of all, it should be noted that the basic functions here in accordance with the legislation of the Russian Federation carry out the Supreme courts of the Federation. While the bulk of the work in this case do the Bureaux. The Supreme court of cassation may, in its role of data structures to consider the case on the basis of the cassation appeals on the acts of the district institutions, as well as justices of the peace.

Courts of the Russian Federation

In turn, in the appropriate sphere of production, a significant amount of tasks can be solved and the judicial Board. What is their specificity?

In accordance with the legislation of the Russian Federation, cassation Board of the Supreme court of the Federation considers cases under complaints and representations on the intermediate acts of the armed forces for production in criminal cases.

The appeal proceedings in the arbitration: legislative regulation

In turn, it will be useful to examine the way in which is regulated by the legislation of the Russian Federation the appeal proceedings in arbitration — the institutions dealing with commercial disputes. The basic functions here perform arbitration courts of districts. They have the necessary powers to implement the appeal. So, these courts decide issues of law in force of the acts of the tribunals of first instance and appeal agencies. In some cases, the legislation of the Russian Federation allows them to consider a decision of the court and also court of cassation. The corresponding production is initiated based on the complaints-their nature we shall consider later.

court of cassation

In a cassation arbitration institutions in the judicial system also can form a special Board. They are approved by the presidiums of the courts directly by the Chairman. The main task of these boards — examination of the legality of acts which have entered into force, disputes that are considered by tribunals at first and second instance. They also summarize the documents in litigation, develop various proposals for amending the legal framework.

An Important role in the system of cassation arbitration fulfills the Court for intellectual property rights. It is a specialized institution that performs the functions of both the first and cassation for consideration of disputes, connected with protection of intellectual property rights.

Let us Consider in more detail the specifics of cassation courts of arbitration — those who are competent in disputes between different business entities.

The Cassation arbitration proceedings: the powers of the courts

Learn to start, what powers are arbitration courts of the Russian Federation in the cassation instance. In accordance with the legislation of the Russian Federation the relevant agencies shall be entitled to:

- leave decisions to the courts, respectively, the first and second instance, and, accordingly, the complaint of the parties to the dispute — unsatisfied;

- to cancel or to modify judgments and orders, respectively, the first and second instances fully, partially, and also to adopt the new regulations without submission of a dispute for a new trial if significant circumstancesset up to do that despite the fact that the necessary law was not applied the previous courts.

- to cancel or to modify judgments and orders, respectively, the first and second instance completely or partially, and then — to send the case for re-examination in the previous trial in the case that these agencies violated essential procedural rules or in case if the findings in the impugned judgment do not correspond to the discussed facts or evidence;

- to cancel or change the decisions and resolutions adopted, respectively, by the court of first or second instance, and to refer disputes for consideration to other agencies, which are located in the same County, if the judicial acts of the arbitration checked again on appeal, and the conclusions thereon do not correspond to the facts and evidence in the dispute;

- to leave in force taken at the level of the first or second instance decisions resolution to cancel adopted at the level of the first or second instance judgments, decisions, and to terminate judicial proceedings or leave the claim without consideration.

the Arbitration court of cassation

In turn, the arbitration within the framework of cassation proceedings is not entitled to:

- set or considered as proven the circumstances, that was not established in a previous decision, resolution or have been rejected by previous courts.

- to make decisions on questions about the reliability of certain evidence, the priority of one over the other, the applicability of the substantive law and the decision-making procedure or decision that must be approved under the new dispute.

Now let's Review what order the parties to the dispute there is a right to appeal to the arbitration court of cassation in the framework of the appeal, or decision on the level of the first or second instance.

The Right to appeal to the arbitration court of cassation

In accordance with the legislation of the Russian Federation, decisions of arbitral tribunals which had considered the dispute on the merits, which entered into force in the case that such an act was considered by the appellate court or if the court refused to restore the term of complaint and the appellate authorities can be appealed through cassation proceedings.

If we are talking about the decisions of the Court for intellectual property rights — as the institution in the first instance, they may also be challenged under cassation proceedings.

Now let's Review how a complaint is made to the court of cassation, considering disputes between economic entities.

Preparation of the appeal

In accordance with Russian law, the complaint, in question, prepared and signed by the party or his authorized representative. Under statutory arrangements this document is submitted to the arbitration court of cassation instance via the Internet. In the complaint, in question, are recorded:

- the name of the arbitration institution, which is forwarded to the document;

- information on a party to a dispute who submits a complaint and other persons involved in the dispute;

- the name of the arbitration institution made the decision or ruling which is being appealed;

- information about the relevant acts;

- the essence of the subject of the dispute;

- requirements of the case;

- which takes the complaints — about the legality of the contested act, and the reasons on which the contested decision of the previous court;

- a list of documents;

attached to the complaint.

The Source in question, may include contact information of persons that need to review the dispute within the framework of cassation proceedings. Can also be declared the petition. The person who initiated the proceedings in the court of appeal through the appropriate organization of the complaint, must send to other parties to the dispute copies of this source, as well as the supplementary documents — if they do not exist, by registered letter, upon receiving which formed the notice of the transfer in the hands of the recipient. Also these documents can be handed to other parties to the dispute personally or to their representatives using the receipts.

What documents complement the appeal?

In Cassation must be added:

- a copy of the appealed act;

with the receipt of payment of state duty or a document that entitles the citizen to use the benefits to transfer the relevant payments into the budget;

- e-mail notification or any other source confirming the fact of delivery of a copy of the complaint to other parties to the dispute and the documents that these persons do not exist;

- a power of attorney or other document which certifies the authority of the person signing the complaint.

the Determination of the court of cassation

In accordance with the law, these documents can be provided to the court of cassation, which considers commercial disputes in electronic form. Now let's review it in terms of what can be the complaint, in question.

The timing of the filing of the complaint in arbitration court of cassation

The Complaint, which initiated proceedings in the court of cassation must be filed within 2months from the date of entry into force of the judicial act, which side of the case appeal in the framework of this mechanism. If the specified deadline is missed, it can nevertheless be restored by the court of cassation, if the corresponding petition will be filed not later than 6 months after the contested act enters into force. The right to renew the term of filing the complaint also has the persons referred to in article 42 of the APC in case they knew or expected their awareness that their rights and interests are violated the decision or resolution, which were adopted by the courts of first or second instance. The deadline for the submission of the complaint in this case is counted from the date when the person learnt about the violation of their rights and will also be restored on the petition.

court Ruling

The way in which the arbitration appeal court considers a petition for restoration of appeal terms is defined in the provisions of article 117 of the APC. If the institution decides to reinstate a missed term of filing a complaint, I formed the determination that the document is accepted for production. If the decision is not accepted — is made a determination of the court of cassation that the appeal be returned to the applicant.

There is another nuance of the production that characterize the considered the scope of arbitration proceedings. Its essence is that as long as not expired, set by the APC to appeal to the arbitration court of cassation instance, it is not subject to recovery of the arbitration.

Now let's Review it in terms of what is considered the complaint in question.

The Terms of the complaint in arbitration cassation production

The Arbitration court of cassation must implement the specified procedure within 2 months of receipt of the relevant document from the applicant along with the case. This takes into account the period during which the preparation of a court case. If the cassation appeal the court received before the deadline of its destinations, it should be considered within 2 months from the date of expiration prescribed by law, limit its filing.

These periods can be extended. To do this, the judge who hears the dispute, forms the reasoned statement, then the Chairman of the arbitration court carries out the action. The main factors, which in this case are taken into calculation — the complexity of the dispute, a large number of participants in the case.

the Arbitration court of cassation

It will be Useful to study the nuances of payment of the state duty payable when submitting complaints to arbitration cassation courts of the Russian Federation.

State duty under the appeal in cassation arbitration instance

In case the competent institution of the complaint on the decisions or rulings of the previous instances, as well as the determination of termination of proceedings, leaving the application without consideration, the results sheets on the execution of the act the arbitral Tribunal, the refusal to issue Executive documents, shall be paid a fee constituting 50% of the value of the relevant charge payable when applying for disputes of non-property nature.

This rule applies, thus, not only on appeal but also the appellate and Supervisory review of the court order, issued in this or any other authority under the arbitration of disputes.


Article in other languages:

AR: https://tostpost.com/ar/the-law/489-the-court-of-appeals-the-arbitration-court-of-cassation.html

BE: https://tostpost.com/be/zakon/807-kasacyyny-sud-kasacyyny-arb-trazhny-sud.html

DE: https://tostpost.com/de/das-gesetz/804-das-kassationsgericht-ihk-kassationsgericht.html

ES: https://tostpost.com/es/la-ley/809-el-tribunal-de-casaci-n-de-arbitraje-de-la-corte-de-casaci-n.html

HI: https://tostpost.com/hi/the-law/489-the-court-of-appeals-the-arbitration-court-of-cassation.html

JA: https://tostpost.com/ja/the-law/488-the-court-of-appeals-the-arbitration-court-of-cassation.html

KK: https://tostpost.com/kk/za/807-kassaciyaly-sot-t-rel-k-kassaciyaly-sot.html

PL: https://tostpost.com/pl/prawo/810-s-d-kasacyjny-arbitra-owy-s-d-kasacyjny.html

PT: https://tostpost.com/pt/a-lei/807-o-tribunal-de-cassa-o-o-tribunal-de-cassa-o.html

TR: https://tostpost.com/tr/hukuk/813-yarg-tay-tahkim-yarg-tay.html

UK: https://tostpost.com/uk/zakon/809-kasac-yniy-sud-arb-trazhniy-kasac-yniy-sud.html

ZH: https://tostpost.com/zh/the-law/555-the-court-of-appeals-the-arbitration-court-of-cassation.html






Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

Comments (0)

This article has no comment, be the first!

Add comment

Related News

Which is better: a will or deed of gift? What distinguishes the gift from the will that it is cheaper and cheaper?

Which is better: a will or deed of gift? What distinguishes the gift from the will that it is cheaper and cheaper?

What is better: a will or deed of gift? To answer this question it is possible if to take into account many nuances. Unfortunately, a citizen who does not know the intricacies of the law often confuses these similar concepts. To i...

CMR-invoice: the fill pattern. International waybill

CMR-invoice: the fill pattern. International waybill

currently, much attention is paid to transportation of goods between countries. Natural is the appearance of the question about what the CMR-waybill (fill pattern will be presented in the article). That is the question we will add...

Social groups: definition, description and law

Social groups: definition, description and law

We know that there is help social. Categories of the population that can qualify, a lot, but most of them are unknown or only superficially. And for good reason. It is quite possible that rely on the state maybe one of us.social a...

Inheritance by right of representation

Inheritance by right of representation

the Citizen may dispose of his property during his life as he pleases: the property can sell, donate, bequeath, and so on. If the deceased did not dispose of their property during life and not made a will, then all acquired their ...

The concept of the constitutional system. The concept of the constitutional system and its foundations

The concept of the constitutional system. The concept of the constitutional system and its foundations

Russia, like most countries, has a fundamental law - the Constitution. Thus organized, according to many modern scholars, special order, which provides for political control of the government. What are its features? What is the co...

Principal rent. Rental property, areas, land

Principal rent. Rental property, areas, land

the Need to give the temporary use of a particular object, subject, property or land arose a very long time. To a more or less reasonable and logical to approach this issue, there have been developed various types of leases. Their...