What are the samples of complaints to the court as part of the arbitration process? Is there a difference between complaints about a decision on the merits or about actions of officials, adopted laws? According to what scheme is a complaint to the second instance written? What nuances should be considered when writing them?
Normative regulation
AIC is the only act regulating the process of sending statements and complaints to the court and their consideration. Additional provisions are contained in the bankruptcy law.
If an entrepreneur or legal entity has been brought to administrative responsibility in connection with economic activity, samples of complaints to the court are selected, guided by the rules of the agro-industrial complex.
The rules of the agro-industrial complex are also extended to the sphere of appealing against actions and inaction of officials.
Types of Complaints
Before selecting a sample complaint to the court, it is necessary to decide what purpose the applicant faces. If he wants to appeal the decision of an official or an act of an authority that, in the applicant’s opinion, violates his rights, this is one thing. If the intention is to repeal the judicial act, the requirements for the complaint and the process for filing it are different.
The difference applies both to the content and timing of the complaint.
Statement of claim or complaint
If the case has not yet been considered in the arbitration court, a statement of claim is filed. If the review has taken place, and the applicant wishes to have already canceled the judicial act, an appeal is filed. It is followed by two cassation and one supervisory.
The structure of the initial application to the court
A sample complaint to the court has the following structure:
- The name of the court to which the papers are transferred.
- F. I. O. (name), place of residence or address (location), date of birth, place of work, date of registration of the entrepreneur.
- Phone, fax, email numbers.
- F. I.O. or full name of the defendant, location or residence.
- Circumstances of the claim.
- A reference to laws and regulations justifying the requirements for the defendant or for each defendant, if there are several.
- The price of the claim (the size of the valuation of the disputed property or the amount of monetary claims).
- Information confirming compliance with the claim or pre-trial order.
- Confirmation of sending the defendant copies of the claim and the documents attached to it.
- Receipt of payment of duty.
- The list of attached documents.
- Signature of the applicant or his representative.
Representative filing
If the functions of the representative are performed by the director or other authorized person, a copy of the charter and the order on the appointment to the position giving the right of representation is attached.
The representative acts on the basis of a power of attorney certified by a notary or an entrepreneur.
If the representative acts on behalf of the organization, a copy of the charter and the order on the appointment of a person authorized to issue powers of attorney are attached to the power of attorney.
Appeal against actions of an official, non-normative and normative acts
In addition to the stated requirements are indicated:
- body that made the decision or act;
- surname and initials of the official, his position;
- name, number, date of adoption or adoption of the decision or act;
- source of publication;
- what the violation is expressed in, or how the rights and freedoms that are affected by the decision or act are affected.
A copy of the decision or the contested act is attached.
Sample appeal to a court of arbitration jurisdiction
The complaint writing scheme is similar to the one used to write the claim:
- name of the court of second instance;
- information about the persons who take part in the case;
- name of the court that made the decision;
- number and date of adoption of the appealed decision, essence of the matter;
- the applicant's arguments, including references to regulations;
- request for cancellation or change of decision or termination of proceedings;
- filing date and signature;
- inventory of attached documents.
The sample complaint to the arbitration court of the second instance contains the same requirements for the application in the case of the claim (receipt, sending a copy of documents to other parties, etc.).