Procedure for filing complaints to the arbitration court: grounds, procedure, deadlines

In this article we will tell you how to submit documents to the arbitration court and consider the following topics:

What cases does the arbitration court handle?
Rules for submitting documents;
Drawing up a statement of claim;
Registration with the arbitration court to submit documents;
Rules for submitting an application electronically;
The final package of documents for the arbitration court;
Time limits for consideration of a claim by the court.

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What types of cases does the arbitration court handle?

The Arbitration Court of the Russian Federation considers cases in the business and economic spheres of activity . The court has jurisdiction over civil and administrative cases and disputes:

On challenging regulatory legal acts;
On bringing organizations and individual entrepreneurs to administrative liability;
On the collection of mandatory payments and sanctions;
On establishing facts of legal significance;
On challenging decisions of arbitration and foreign courts;
About bankruptcy;
Corporate disputes;
Disputes regarding state registration of legal entities and individual entrepreneurs;
Disputes regarding shares and securities;
Disputes related to the activities of state corporations;
Disputes regarding the protection of intellectual rights;
On the protection of business reputation.

The arbitration court helps resolve conflicts between organizations, individual entrepreneurs, municipal structures and corporations. In some cases, a private person whose rights have been affected by the actions of companies can also turn to such a court.

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Rules for submitting documents to the arbitration court

Before filing a statement of claim in court, you need to familiarize yourself with the rules of execution and content requirements that are established by the Arbitration Procedural Code of the Russian Federation. If errors or inaccuracies are identified, the statement of claim will be frozen until the violations are eliminated (Part 1 of Article 128 of the Arbitration Procedure Code of the Russian Federation).

Submission of documents to the Moscow Arbitration Court is made in writing through the office or by registered mail with acknowledgment of delivery to the address: 115191, Russia, Moscow, st. Bolshaya Tulskaya, 17. The application is signed by the plaintiff or his representative. There is also an option for electronic submission of documents to the Moscow Arbitration Court (Website - msk.arbitr.ru)

When drawing up a statement of claim, you need to carefully approach the collection and analysis of all necessary information and documentation. Your position must be logically structured and legally justified with the presentation of all available evidence .

We use documents to confirm property and contractual relationships that will be reported to the court, as well as commercial contacts, facts of damage, etc. The calculation of claims is also justified based on accounting documentation.

We use the following documents to prove your position in the arbitration court:

Agreements;
Invoices;
Invoices;
Certificates from government agencies;
Extracts from the databases of registration authorities;
Officially certified examinations;
Receipts (in cases specified by law);
Acts of law enforcement agencies;
Business correspondence of the parties;
Notarized powers of attorney, etc.

Read more about the services of a lawyer in arbitration cases on the page - Arbitration lawyer .

Legal force of documents received in electronic form

It’s hard to imagine modern business without fast messaging via email and the Internet. By the way, if the debtor wrote a receipt when borrowing money, repaying the debt will be much easier!

Will the court accept email exchanges as evidence of a contract?

The court considers evidence received in electronic form and decides to take it into account or not (clause 3 of Article 75 of the Arbitration Procedure Code).

Two requirements for email correspondence:

credibility. It should be clear from the correspondence who it belongs to;
correspondence must be received in the manner prescribed by law.

We draw up a statement of claim to the Arbitration Court

The statement of claim must contain the following information:

Name of the arbitration court (Moscow Arbitration Court);
The name of the plaintiff and his location, as well as the plaintiff’s contact information (telephone, email address);
The name of the defendant and his location;
Requirements with reference to laws, circumstances of the case and evidence;
Cost of the claim and calculation of the amount of the claim;
Information on compliance with the claim procedure, if it is mandatory by virtue of a contract or law for this category of disputes;
If the court has taken interim measures, we indicate;
List of attached documents (Part 1 of Article 126 of the Arbitration Procedure Code of the Russian Federation).

Next, we pay the state fee. We calculate the amount of the state duty on the official website of the relevant arbitration court. The amount of the fee depends on the value of the claim (Article 333.21 of the Tax Code of Russia).

Next, we send copies of the statement of claim and the documents attached to it to other participants in the case. If any part of the application is missing, this may result in refusal to consider the case file or significant delays. Then you will have to collect, pay and re-file the claim.

Note! The cost of filing a claim - state fees and lawyer's fees - can be recovered from the defendant. The reimbursement of these expenses is indicated in the requirements of the statement of claim.

Submission of documents to the Moscow Arbitration Court is carried out from Monday to Thursday from 9:00 to 13:00 (except for pre-holiday days) on a first-come, first-served basis. On the indicated days from 9:00 to 13:30, you can submit a statement of claim in a sealed envelope, indicating the sender's details - through a mailbox in the building of the Moscow Arbitration Court. On Friday from 9:00 to 11:00 claims from insurance companies are accepted.

Preparation of a statement of claim

Drawing up a claim correctly, competently and correctly is not an easy task. You can deal with the design and details without any problems, but the content part often “sags” for entrepreneurs. It is best not to struggle with the application yourself, but to turn to specialists - let a professional lawyer create a masterpiece of logic and argumentation. If you still want to cope on your own, follow the tips below. You should draw up and submit a statement of claim to the arbitration court strictly according to the instructions, otherwise the claim will be ineffective.

When writing an application, first of all, indicate the following details:

full name of the arbitration court;
if you represent a legal entity - the full name and location of the company;
if you are a private entrepreneur - your full name, place of birth, residence and registration of individual entrepreneurs, as well as date of birth;
telephone number and email address;
the name of the defendant and his location (or place of residence if he is an individual entrepreneur or a private individual).

In the content part, it is necessary to indicate in as much detail as possible (but as concisely as possible, without excesses) the following:

claims against the defendant with reference to codes, federal laws, regulations, orders, decrees and other legal acts confirming the legality of your claims;
the circumstances on which your claims are based, supported by relevant evidence;
the price of the claim, if the claim must be assessed;
calculation of the amount recovered from the defendant or disputed by you;
data on compliance with pre-trial procedure, if provided for by a private agreement or law (often before going to court, the plaintiff must try to resolve the dispute in a departmental or claim procedure);
information about the activities carried out by the arbitration court in order to ensure property interests before the filing of a claim.

This is where the content ends. At the end, be sure to indicate which documents are attached to the claim. Now the application is ready! All that remains is to visit the arbitration court and submit the claim, along with the previously collected documents, to the employee. If no flaws are found in the application or other papers, the claim will be accepted for consideration, after which the trial will begin. You will be notified of the dates by mail and, most likely, by telephone.

Registration at the arbitration court for filing documents

To submit primary or additional documents to the Moscow Arbitration Court, you can sign up in advance for the electronic queue and receive a ticket to the arbitration court.

It is worth noting that the documents that are submitted along with the statement of claim must be in the sequence in which they are indicated in the list of documents attached to the claim. We mark any attached copy and include it in the attached list. If the documents are on several sheets, stitched and numbered, this will allow you to submit documents in a simplified manner without checking the attachment to the statement of claim by specialists from the office management department. Documents filed this way or through a mailbox at the courthouse are registered the next day.

Which court should I go to?

According to the general rule, the application must be submitted to the arbitration court at the location of the defendant. But there are exceptions:

if the location of the defendant has not been established, you can file a lawsuit in the court of the region in which the defendant was last seen (or at the location of the defendant’s property);
if there are several defendants and they live in different regions of the country, you can file a claim in court in any of these regions;
if the agreement with the defendant specifies the place of execution of this agreement, you can go to court at the specified place;
if the defendant is a large company that has branches in different regions, you have the right to apply to arbitration at the location of both its central office and any of the branches.

But it is impossible to file a claim with the arbitration court at the location of the plaintiff.

You will not have any problems identifying a specific court. The fact is that in each region of Russia there is only one arbitration court of first instance. There are, for example, the Saratov Arbitration Court, the Nizhny Novgorod Court, the Court of the Chechen Republic, and so on. In the vast majority of cases, small business owners need to go to the court of their region.

Rules for submitting an application electronically

Since the beginning of 2021, a new Order of the Judicial Department under the Supreme Court of the Russian Federation No. 252 dated December 28, 2016 has come into force, changing the procedure for filing electronic documents. According to the Order, there are two types of electronic document: • electronic document - a document that is initially created in electronic form and has not previously been issued on paper; • electronic image of a document (electronic copy) - a scanned copy of a paper document, which must be certified with a simple or enhanced qualified digital signature.

The Supreme Court has established certain requirements for both an electronic document and an electronic image of a document provided to the court. Requirements for the document: • scale 1:1; • black and white or gray color; • quality 200-300 dpi; • we preserve all the details and signs of document authenticity: graphic signature, seal, corner stamp of the form; • we make a scan in color if the document contains color images or color text and is significant for the case; • PDF file; • file with the ability to copy text; • file size – no more than 30MB; • each document is prepared in the form of a separate file containing a name that will help to identify it, and indicate the number of sheets.

We attach the files to the application in the format in which they are signed with an electronic signature. The document files themselves can be provided in the following formats: • text documents - PDF, RTF, doc, docx, XLS, XLSX, ODT; • graphic files - PDF, JPEG, PNG, TIFF. We indicate the file by the name of the document and note the number of sheets in it. Each separate document must be in a separate file.

Electronic signature For an electronic image of a document, a simple electronic or enhanced qualified signature is sufficient. For an electronic document, you will need an enhanced qualified signature. We attach this signature as a separate file.

Note! You cannot sign a document with an electronic signature of a person who is not listed as a signatory on it. For example, an electronic signature of a statement of claim by the general director, if the executive director is indicated in the claim itself.

The final package of documents for the arbitration court

In addition to the statement of claim, we check the availability of documents: • a document confirming the sending of the claim to the defendant; • payment order confirming payment of the state duty; • documents confirming the circumstances mentioned in the claim; • a copy of the legal entity registration certificate; • a power of attorney to sign a claim if the signatory cannot act without a power of attorney (or an order appointing the signatory as general director); • extract from the Unified State Register of Legal Entities or Unified State Register of Individual Entrepreneurs; • documents confirming compliance with the pre-trial procedure for resolving disputes.

Note! If the amount of the claim is less than 500 thousand rubles, you can submit a Petition for consideration of the case in a simplified manner. It will be considered without a summons to court and in less time.

Time limits for consideration of a claim by the court

Under current legislation, the court is given 3 months from the date of receipt of the claim to make a decision. Of course, in some cases, the judge can extend this period by providing a reasoned justification for the decision (Arbitration Procedure Code of the Russian Federation p. 152).

The period for consideration of a case under summary proceedings should not exceed 2 months, and the judge cannot extend it (APU of the Russian Federation p. 226). As a rule, the consideration period depends on the complexity of the case and the number of hearings. In simple cases, a decision can be made within 2 weeks.

Results So, the article described the most important points that need to be taken into account when filing a claim with the arbitration court. Each case requires an individual approach, because only well-drafted claims and a logically constructed chain of evidence will help complete the case in your favor .

Appeal

Reasons

The arbitration court in the first instance can adopt three types of judicial acts: decisions, rulings and court orders. In the appeal procedure, you can only appeal decisions and some rulings, the appeal of which is provided for by current legislation. Court orders can only be appealed to the cassation court.

At the same time, it must be borne in mind that in the first instance, in certain cases, cases can be considered not only by arbitration courts of constituent entities of the Russian Federation, but also by arbitration courts at other levels. For example, applications for the award of compensation for violation of the right to a trial within a reasonable time or the right to execution of a judicial act within a reasonable time are considered by district arbitration courts as a court of first instance. A wide range of cases are considered at first instance by the Intellectual Property Rights Court. Such decisions come into force at the moment of their adoption and therefore can only be appealed in cassation.

At what stage

The filing of a complaint with the arbitration court is carried out by any person participating in the case, as well as by other persons in cases where a judicial act directly affects their rights and obligations.

The system for filing complaints with the arbitration court provides for deadlines established by current legislation. The total period is one month from the date of production of the court decision in full. Along with the general one, the Arbitration Procedure Code of the Russian Federation and other federal laws provide for special (reduced) deadlines for filing a complaint for certain categories of cases.

Deadlines

An appeal to the arbitration court can be filed on:

decisions on bringing to administrative liability - within 10 days from the date of the decision;
decisions to challenge the decision of an administrative body to bring to administrative liability - within 10 days from the date of the decision;
rulings to impose a court fine - within 10 days from the date of receipt of the ruling;
rulings on the transfer of a case under jurisdiction or on refusal to transfer a case under jurisdiction - within 10 days from the date of the ruling;
rulings on the refusal to satisfy a request for a co-plaintiff to join the case, on the refusal to satisfy a request to involve a co-defendant; on refusal to intervene in the case of a third party - within 10 days from the date of the ruling;
on refusal to satisfy a petition to combine cases into one proceeding, on refusal to satisfy a petition to separate claims into separate proceedings - within 10 days from the date of the ruling;
rulings in insolvency (bankruptcy) cases, the appeal of which is provided for by the Arbitration Procedure Code of the Russian Federation and other federal laws - within 10 days from the date of issuance of the ruling;
rulings in cases of insolvency (bankruptcy) that are not provided for by the Arbitration Procedure Code of the Russian Federation and in respect of which it is not established that they are subject to appeal - within 14 days from the date of their issuance.
decisions made through simplified proceedings - within 15 days from the date of adoption, and in the case of drawing up a reasoned decision of the arbitration court - from the date of adoption of the decision in full.

When calculating special (reduced) deadlines, only working (and not calendar) days are taken into account. An appeal may be filed at any time during the period established for appeal. A deadline for filing an appeal in an arbitration court missed for good reasons may be restored at the request of the applicant, provided that the request is filed no later than six months from the date of the decision.

Where to submit

The procedure for filing an appeal with the arbitration court is as follows: it is sent to the appellate court through the court of first instance that issued the judicial act, which within three days sends the appeal along with the case to the appellate court. If the applicant himself sends the complaint directly to the appellate court, the complaint will be returned to him.

An appeal can be submitted in writing by mail or directly to the office of the arbitration court that issued the judicial act, or electronically through a personal account created in the “My Arbitrator” information system.

Procedure for compilation

The law establishes certain restrictions regarding the content of the appeal. Thus, a complaint cannot contain:

new claims have been submitted that were not the subject of consideration in the arbitration court of first instance;
claims have been reduced or increased;
the grounds or subject of the claim have been changed;
statements were made to admit the claim in whole or in part.

The appeal must include :

1) the name of the appellate arbitration court to which the appeal is filed;

2) the name of the person filing the complaint and other persons participating in the case;

3) the name of the arbitration court that adopted the appealed decision, the case number and the date of the decision, the subject of the dispute;

4) the requirements of the person filing the complaint and the grounds on which the person filing the complaint is appealing the decision, with reference to laws, other regulatory legal acts, circumstances of the case and evidence available in the case;

5) a list of documents attached to the complaint.

The person filing an appeal is obliged to send to other persons participating in the case copies of the appeal and the documents attached to it that they do not have, by registered mail with return receipt requested, or hand them over to other persons participating in the case or their representatives personally under receipt.

The following are attached to the appeal:

1) a copy of the contested decision. At the same time, failure to attach a copy of the disputed judicial act does not prevent the consideration of the appeal if this judicial act is posted in the information system “Card Index of Arbitration Cases” (“My Arbitrator”) and is included in the case materials.

2) documents confirming payment of the state duty;

3) a document confirming the sending or delivery to other persons participating in the case of copies of the appeal and documents that they do not have;

4) a power of attorney or other document confirming the authority to sign the appeal.

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