Sunday, April 8, 2007

  • Definition is declared orally and placed on record session of the court. In definition motives on which the court has come to the breedings, and a breeding on considered voprosu.------Article 141 are indicated a problem on which it is born. The intermediate order------1. In an event of detection by consideration spore of violation{disturbance} of laws and other normative legal acts in activity of organization, a state organ, an institution of local government and other organ, the official or the citizen the arbitration court has the right to bear private{individual} opredelenie.------2. The intermediate order is directed the conforming organizations, state organs, institutions of local government and other organs, officials, citizens which are obliged to inform in a month's time to arbitration court about adopted merah.------3. The intermediate order can be obzhalovano.------Article 142. A direction of definition------1. In events when the arbitration court bears definition by the way the separate certificate{act}, it is directed the faces participating in business, and other faces which it touches, in five-day time after rendition or the baking plate raspisku.------2 is handed to them. Definitions which according to the present Code can be appealed against, are directed the faces participating in business, and other faces which they touch, by the certified mail with the notice about vruchenii.------Chapter 19. Features of manufacture on separate grades of businesses------Article 143. Disposal of legal proceeding about insolvency (bankruptcy) of organizations and citizens------Affairs about insolvency (bankruptcy) of organizations and citizens are considered by arbitration court on regulations, the foreseen present Code, with the features statutory about insolvency (bankruptcy).------Article 144. Disposal of legal proceeding about the fact-finding, having the jural significance------1. Applications for the fact-finding, having the jural significance, are made out according to regulations, foreseen in article 102 true Kodeksa.------2. Affairs about the fact-finding, having the jural significance, are considered by arbitration court in the order, foreseen hereby Kodeksom.------Section III. Manufacture on revision of solutions------Chapter 20. Manufacture in a court of appeal------Article 145. The right of the appeal appeal------the Faces participating in business, has the right to file a petition of appeal on the award which has not entered in legal silu.------Article 146. The arbitration court construing a petition of appeal------Consideration of a petition of appeal is executed with a court of appeal of the arbitration court which has made a decision in first instantsii.------Article 147. Time of feed of a petition of appeal------the Petition of appeal files within a month after acceptance by arbitration court reshenija.------Article 148. The content of a petition of appeal------1. In a petition of appeal should be указаны:.. 1) the name of arbitration court to which the petition is addressed;.. 2) the name of the face complaining, and the faces participating in business;.. 3) the name of the arbitration court which has made a decision on which the petition files, file number and decision date, the matter in dispute;.. . 4) requests of the face complaining, and the groundings on which the applicant considers{counts} the solution improper, referring to laws, other normative legal acts and materials of an affair;.. 5) a list enclosed to the petition dokumentov.------the Petition of appeal is signed by a face complaining, or it{him} predstavitelem.------To the petition signed by the representative, the power of attorney verifying his{its} authorities on the appeal of judicial certificates{acts} if she has not been submitted{shown} on given delu.------2 earlier is applied. To the petition proofs of payment of a State Tax and a direction of copies of the petition to other faces participating in dele.------Article 149 are applied. The direction of a petition of appeal to the faces participating in business------the Face, feeding a petition of appeal, is directed other faces participating in business, a copy of the petition and the documents enclosed in her, which for them otsutstvujut.------with Article 150. The recall on a petition of appeal------1. The face participating in business, on receipt of a copy of a petition of appeal has the right to direct the recall on it{her} to arbitration court in time, ensuring receipt{entry} of the recall by day of consideration of a petition of appeal, and the proof of the renvoi of copies of the recall to other faces participating in dele.------2. The recall is signed by a face participating in business, or his{its} representative. To the recall signed by the representative, the power of attorney verifying his{its} authorities on management dela.------3 is applied. Documents which have not been submitted{shown} earlier can be enclosed in the recall. In this case to the recall proofs of a direction to other faces participating in business, copies of those documents which miss for these lits.------Article 151 are applied. Recurring of a petition of appeal------1. The petition of appeal returns судьей:.. 1) if the petition of appeal is not signed or signed by a face which is not having the rights her{it} to sign, or a face which official rule{situation;position} is not indicated;.. . 2) if to a petition of appeal proofs of the renvoi of its{her} copies to the faces participating in business are not enclosed;.. 3) if to a petition of appeal the documents verifying payment of a State Tax in the content order and the dimension are not enclosed, and in events when the federal act stipulates a capability of delay, installment plan of payment of a State Tax or reduction of its{her} dimension, there is a petition for it or the petition is dismissed;.. 4) if the petition of appeal is conveyed{fed} at the expiration of the law day and does not contain the petition for restoration of the default;.. 5) if up to a direction of definition about acceptance of a petition of appeal to manufacture to the faces participating in business, on behalf of, made a complaint, the application for her{it} vozvrashchenii.------2 has acted{arrived}. About recurring a petition of appeal it is born opredelenie.------3. On definition about recurring a petition of appeal can be conveyed{fed} cassation zhaloba.------4. After elimination of the circumstances indicated in points 1, 2, 3 parts of 1 true article, the face which has made a complaint, has the right again to address to arbitration court with a petition of appeal in the aggregate the order------Article 152. Definition about acceptance of a petition of appeal to manufacture------1. About acceptance of a petition of appeal to manufacture the judge bears opredelenie.------2. In definition time and a place of consideration appeal zhaloby.------3 are indicated. Definition is directed the faces participating in business, the certified mail with the notice about vruchenii.------Article 153. The order of consideration of an affair in a court of appeal------In a court of appeal business is considered on regulations of consideration of an affair by arbitration court of the first instance with features, foreseen the true chapter. Thus of a rule, content only for the first instance, not primenjajutsja.------Article 154. Failure{refusal} of a petition of appeal------1. The face which has submitted a petition of appeal, has the right to refuse it{her} before rendition postanovlenija.------2. The court has the right to dismiss failure{refusal} of the petition on the groundings, foreseen regarding 4 articles 37 of the true Code, and to consider business in appeal porjadke.------3. At acceptance of failure{refusal} of the petition the court terminates manufacture in a court of appeal if the solution is not appealed against other litsami.------4. About phase-out in a court of appeal the arbitration court is born opredelenie.------with Article 155. Limits of consideration of an affair in a court of appeal------1. By consideration of an affair in a court of appeal the arbitration court on available in business and to follow-up introduced proofs re-examines business. Corroborating evidences strike root arbitration court if the applicant has justified impossibility of their submission in a court of first instance on the causes, not dependent from nego.------2. The court irrelevants by reasons of a petition of appeal and checks legitimacy and justification of the solution in full obeme.------3. In a court of appeal do not strike root and new requests which have not been presented by consideration of an affair in first instantsii.------Article 156 are not considered. Time of consideration of a petition of appeal------the Petition of appeal on the award is considered in a month's time from the date of its{her} receipt{entry} in arbitration sud.------Article 157. Authorities of a court of appeal------Arbitration court, having considered put in a court of appeal, вправе:.. 1) to keep a court decision without change, and the petition without satisfaction;.. 2) to revoke a decision completely or regarding and to make the new solution;.. 3) to change the solution;.. 4) to revoke a decision completely or regarding and to stop manufacture on business or to keep the claim without consideration completely or in chasti.------Article 158. The groundings to change or cancellation of the solution------1. The groundings to change or cancellation of the award являются:.. 1) incomplete making out of the circumstances important for an affair;.. 2) an absence of proof of circumstances important for an affair as which the arbitration court considered{counted} content;.. 3) misfit of the breedings stated in the solution, to circumstances of an affair;.. 4) violation{disturbance} or misapplication of norms{standards} of the substantive law or norms{standards} remedial prava.------2. Violation{disturbance} or misapplication of norms{standards} of a procedural right is the grounding to change or cancellation of the solution if this violation{disturbance} has reduced or could reduce in acceptance improper reshenija.------3. Violation{disturbance} of norms{standards} of a procedural right is in any event the grounding to cancellation of the award first инстанции:.. 1) if business is considered by court in pirate structure;.. 2) if business is considered by court in absence somebody from the faces participating in business which have been not informed properly about time and a place of meeting;.. . 3) if by consideration of an affair rules about tongue have been infringed;.. 4) if the court has made a decision about rights and responsibilities of faces, not attracted to a concern in the business. These faces have the right to appeal against such solution in the order, content the present Code;.. 5) if the solution not signed somebody from judges or signed not those judges who are indicated in the solution;.. 6) if the solution is accepted not those judges who were part of the court, considering{examining} put;.. 7) if in business there is a minutes of session of the court or he is not signed by the faces indicated in article 123 true Kodeksa.------Article 159. The decree of a court of appeal------1. By results of consideration of a petition of appeal the decree which is signed by all sudjami.------2 strikes root. In the decree should be указаны:.. . 1) the name of the arbitration court accepting the decree, file number and date of acceptance of the decree, a composition proceedings, accepting the decree, surnames of faces present at meeting with the indicating of their authorities, decision date in the first instance and surnames of judges, his{its} accepting;.. 2) the name of the faces participating in business, the name of the face which have submitted a petition of appeal;.. 3) run-down of nature of the adopted solution;.. 4) the groundings on which it is raised the question about check of legitimacy and justification of the solution;.. 5) the reasons stated in the recall on a petition of appeal;.. 6) arguments of the faces present at meeting;.. . 7) circumstances of an affair, content arbitration court, the proof on which breedings of arbitration court about these circumstances are based, and reasons on which the arbitration court wedges those or other proofs and does not apply laws and other normative legal acts to which the faces participating in business referred, and also laws and other normative legal acts which the court was guided by at acceptance of the decree;.. 8) at cancellation or change of a court decision of the first instance - motives on which the court of a court of appeal has not agreed with breedings of a court of first instance;.. 9) breedings by results of consideration appeal zhaloby.------In the decree are underlined about distribution between the parties judicial rashodov.------3. The decree enters the enforceability from the moment of it{him} prinjatija.------4. The decree is directed the faces participating in business, by the certified mail with the assurance of receipt or is handed to them againts receipt in five-day time from day prinjatija.------5. The decree can be obzhalovano.------Article 160. Petitions of appeal on definitions of arbitration court------1. Definitions of arbitration court can be appealed against in events, foreseen hereby Kodeksom.------2. Petitions of appeal on definitions of arbitration court are considered in the order, foreseen for consideration of petitions of appeal on solutions suda.------3. In events of cancellation by arbitration court in a court of appeal of definitions about failure{refusal} in acceptance of the statement of claim, about recurring the statement of claim, stay of proceedings, phase-out on business, about leaving of the claim without consideration business leaves court first instantsii.------Chapter 21 puts into action in accordance with education of federal arbitration courts of districts, but not later on January, 1, 1996 - the Federal act from 05.05.95 № 71-ФЗ.------Chapter 21. Manufacture in court of cassation------Article 161. The right of the cassation------the Faces participating in business, has the right to file the appeal for review on the award which has entered the enforceability, and the decree appeal instantsii.------Article 162. The arbitration courts checking{testing} legitimacy of solutions in court of cassation------Federalnye arbitration courts of districts check legitimacy of solutions and the decrees adopted by arbitration courts of subjects of the Russian Federation in first and appeal instantsijah.------Article 163. The order of feed of the appeal for review------1. The appeal for review files in federal arbitration court of a district, plenipotentiary her{it} to consider, through the arbitration court accepting reshenie.------2. The arbitration court which has made a decision, is obliged to direct the petition together with business to the conforming federal arbitration court of a district in five-day time from the date of her{it} postuplenija.------Article 164. Time of feed of the appeal for review------the Appeal for review can be conveyed{fed} within one month after becoming res judicata of the solution or the decree arbitration suda.------Article 165. The content of the appeal for review------1. In the appeal for review should be указаны:.. 1) the name of arbitration court to which the petition is addressed;.. . 2) the name of the face complaining, and the faces participating in business;.. 3) the name of the arbitration court which has made a decision or the decree on which the petition files, file number and decision date, decrees, the matter in dispute;.. 4) requests of the face which has made a complaint, and the indicating on of what violation{disturbance} or misapplication of norms{standards} of the substantive law or norms{standards} of a procedural right consists;.. . 5) a list enclosed to the petition dokumentov.------the Reference in the appeal for review on an absence of proof of circumstances of an affair or on misfit stated in the solution or the decree of breedings on actual relations of the faces participating in business, to circumstances of an affair not dopuskaetsja.------the Appeal for review is signed by a face complaining, or it{him} predstavitelem.------To the petition signed by the representative, the power of attorney verifying his{its} authorities on the appeal of judicial certificates{acts} if she has not been submitted{shown} on given delu.------2 earlier is applied. To the petition proofs of payment of a State Tax and a direction of copies of the petition to other faces participating in dele.------Article 166 are applied. The direction of copies of the appeal for review to the faces participating in business------the Face, feeding the appeal for review, directs other faces participating in business, a copy of the petition and the documents enclosed in her which miss for nih.------Article 167. The recall on the appeal for review------1. The face participating in business, on receipt of a copy of the appeal for review has the right to direct the recall on it{her} to arbitration court in time, ensuring receipt{entry} of the recall by day of consideration of the appeal for review, and the documents verifying the renvoi of copies of the recall to other faces, participating in dele.------2. The recall is signed by a face participating in business, or his{its} representative. To the recall signed by the representative, the power of attorney verifying his{its} authorities on management dela.------Article 168 is applied. Recurring of the appeal for review------1. The appeal for review возвращается:.. 1) if the appeal for review is not signed or signed by a face which is not having the rights her{it} to sign, or a face which official rule{situation;position} is not indicated;.. 2) if the petition is directed, minuja the arbitration court which has made a decision;.. 3) if to the appeal for review proofs of the renvoi of its{her} copies to the faces participating in business are not enclosed;.. . 4) if to the appeal for review the documents verifying payment of a State Tax in the content order and the dimension are not enclosed, and in events when the federal act stipulates a capability of delay, installment plan of payment of a State Tax or reduction of its{her} dimension, there is a petition for it or the petition is dismissed;.. 5) if the appeal for review is conveyed{fed} at the expiration of the law day and does not contain the petition for restoration of the default;.. 6) if the appeal for review does not contain the indicating on of what violation{disturbance} or misapplication of norms{standards} of the substantive law or norms{standards} of a procedural right consists;.. . 7) if up to a direction to the faces participating in business, definitions about acceptance of the appeal for review to manufacture on behalf of, made a complaint, has acted{arrived} the application for her{it} vozvrashchenii.------the Appeal for review returns on the groundings, foreseen in points 1, 3, 4, 5, 6 true parts, the judge of a court of first instance, on the groundings, foreseen in point 2 of a true part, the judge of court of court of cassation, and on the groundings, foreseen in point 7 of a true part, judges of courts first or court of cassation depending on in what instance there was a business with the petition to the moment of receipt{entry} of the application about her{it} vozvrashchenii.------If the groundings on which the petition returns, are revealed in court of cassation, recurring is effected by the judge of court of this instantsii.------2. About recurring the appeal for review it is born opredelenie.------3. Definition about recurring the appeal for review can be appealed against in cassation instantsiju.------4. After elimination of the circumstances indicated in points 1, 2, 3, 4, 6 parts of 1 true article, the face which has made a complaint, has the right again to address to arbitration court with the appeal for review in the aggregate porjadke.------Article 169. Definition about acceptance of the appeal for review to manufacture------1. About acceptance of the appeal for review to manufacture the judge bears opredelenie.------2. In definition time and a place of consideration cassation zhaloby.------3 are indicated. Definition is directed the faces participating in business, the certified mail with the notice about vruchenii.------Article 170. Stay of execution of the solution, the decree------Arbitration court of court of cassation has the right under the petition of the faces participating in business, to suspend performance{fulfillment} of the solution, the decree, adopted in first and appeal instantsijah.------Article 171. The order of consideration of an affair in court of cassation------In court of cassation business is considered on regulations of consideration of an affair by arbitration court of the first instance with features, foreseen the true chapter. Thus of a rule, content only for the first instance, not primenjajutsja.------Article 172. Failure{refusal} of the appeal for review------1. The face which has submitted the appeal for review, has the right to refuse it{her} before rendition postanovlenija.------2. The court has the right to dismiss failure{refusal} of the petition on the groundings, foreseen regarding 4 articles 37 of the true Code, and to consider business in cassation porjadke.------3. At acceptance of failure{refusal} of the appeal for review the court terminates manufacture in court of cassation if the solution, the decree are not appealed against by other faces participating in dele.------4. About phase-out in court of cassation the arbitration court is born opredelenie.------with Article 173. Time of consideration of the appeal for review------the Appeal for review on the award and the decree of a court of appeal is considered in a month's time from the date of its{her} receipt{entry} together with business in federal arbitration court okruga.

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