Апелляционная жалоба в арбитражный суд provides for a retrial of the case by the appropriate authority. According to the law, the parties to the process and other persons, if disagreeing, have the right to file an application in the event that the decision has not entered into force. The law also provides for an appeal against the decision of the arbitration court.
In the civil process, the expression of disagreement is allowed on the decisions of the world court. Thus, when considering a case by a city court, an appeal is not provided for.
The application in question is submitted through the authority that issued the decision. After receiving the appeal, the appeal is sent to the appropriate court within a maximum of three days.
When submitting a statement, a person must know that itdo not have the right to make new demands. The law provides for actions only in the framework of the proceedings in the first instance. In accordance with general regulatory requirements, an appeal is allowed for filing within a month from the date of adoption of the appealed decision.
However, in practice there are exceptions.For example, in the presence of a court decision in the case of administrative liability, the period within which an appellate complaint can be filed is reduced to ten days. The same term is also provided for the act passed in respect of the case for challenging the decision on the establishment of administrative responsibility. Ten days are also set for filing a complaint about the imposition of a judicial fine.
Of course, in life there are different cases.In this regard, it can not be ruled out completely that the interested party can miss the deadline for filing a petition. Passage is allowed in accordance with objective reasons. In certain cases, the court restores the period in accordance with the petition of the person who filed the appeal. It should be noted that this situation is possible if the applicant's arguments are convincing and justified, and the reason for the omission is valid.
The execution of the appeal should be carried out, observing all the rules of the procedural code. The application, otherwise, will be returned without consideration.
В апелляционной жалобе присутствуют сведения об the body to which it is submitted, the data on the court in which the decision (decision) was taken (decision), information on the participants in the proceedings, the date of adoption, the case number, the description of the subject matter. The text also specifies the requirements of the citizen, the grounds in accordance with which he considers the cancellation or modification of the resolution necessary. It should be understood that some conclusions, even logical ones, are not enough. The claimant should support the arguments by reference to certain rules of procedural or substantive law. In this case, you can not do without legal assistance.
The content of the appellate complaint mustto attend a copy of the contested decision. In addition, a receipt for payment of the fee, a document confirming the sending of the petition to other participants in the proceedings, as well as a power of attorney or other document certifying the authority of the person who signed the requirements should be attached to the petition.
Subject to all rules, the court will accept a complaint againstconsideration within 5 days after receipt. In this case, a corresponding definition will be made, which will include, among other things, the date and time of the meeting.
If the court finds violations in the formcomplaints or in its content, the case will be left without movement. The application will be returned with a time limit for making corrections to the violations found.
