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If one of the parties to a commercial dispute disagree with the decision of the court, it may submit a request for a retrial before the court decision enters into legal force. On the basis of such a request, called an appeal, is challenging the decisions of economic courts in the higher courts.

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Writing of the appeal requires a thorough knowledge of the law, because in its submission the applicant relies on the legal norms, unaccounted for or lost during the primary process. If the statement is made clumsily or in violation of the rules, there is a substantial chance that the court may withdraw the appeal.

Specialists of the Law firm AGTL will help you quickly and competently make the appeal and protect your interests in court.

The timing of the filing and consideration of complaints

In the economic court the complaint is filed after the decision in the case but prior to its entry.

The appeal is for a decision of local economic court within ten days, and on the definition of local economic court within five days from the date of announcement of the local economic court. If the hearing was announced only introductory and operative part of the decision, the said period shall run from the date of signing of the decision issued in accordance with article 84 of the Code.

The return of the appeal may be due to violations of conditions of supplying, for example, if the applicant is not entitled to appeal the results of a court decision or missed deadline.

Appellate commercial court issues a ruling on the return of the appeal if it is filed after the deadlines established by this article and the court at the request of the person who filed it, will not find reasons to renew the term, and regardless of the validity of reasons for missing this deadline — in the case that the appeal filed by the Prosecutor, body of state power, body of local self-government at the expiration of one year from the date of pronouncement of the appealed judicial decision. Consideration of the application to renew the term for filing the appeal is one of the judges Board of judges of economic court of appeal.

The law determines the time for consideration of the appeal as one month from the date of receipt of the case. In some cases this period may be extended if the trial is repeatedly postponed. The reason for the deferral may be the failure of the parties involved in the dispute, and the satisfaction of the court of requests for additional evidence.

What should contain an appeal to the commercial court?

The appeal is served in written form and shall contain:

1) name of the economic court of appeal to which the complaint is made;

2) the name of the local economic court which took the decision, case number and date of decision;

3) the claim of the person filing the appeal and the grounds on which raised the question of the revision of the decision, with reference to the law and materials available in the case or submitted additionally;

4) list of documents attached to the complaint.

The appeal shall be signed by the Complainant or his representative.

The complaint attached evidence of payment of the court fee and sending a copy of the complaint to the other party in the case.

We also offer services for the preparation of appeals to tax authorities, appeals to the Supreme court and other appeals court decisions.