If one of the parties to the economic dispute disagrees with the court’s decision, it may request a review of the case before the court order becomes law. On the basis of such a request, which is called an appeal, the decisions of the economic courts in higher courts are challenged.
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Writing an appeal requires a thorough knowledge of the law, as the applicant relies on legal norms that are not taken into account or violated during the initial process. If the application is inept or in violation of the rules, there is a good enough chance that the court can withdraw the appeal.
Specialists of the law firm AGTL will help you quickly and competently draw up an appeal and protect your interests in court.
Terms of filing and review of a complaint
A complaint is filed with the economic court after a decision in the case is made, however, before it is entered.
An appeal is lodged against the decision of the local economic court within ten days, and the determination of the local economic court within five days of their announcement by the local economic court. If only the introductory and resolute part of the decision was announced in the court hearing, the deadline is calculated from the date of the signing of the decision issued in accordance with article 84 of the Code.
The return of an appeal may be related to violations of the terms of the filing, for example, if the applicant does not have the right to appeal the results of the court’s decision or has missed the deadline for filing.
The Court of Appeal decides whether the appeal is returned in cases where it is filed after the end of the deadlines set by this article, and the court on the application of the person who filed it will not find grounds for resuming the term, and regardless of the validity of the reason for the miss of the appeal, if the appeal is filed by the prosecutor, the state authority, the local government after one year from the date of the announcement of the appeal. The application of the person to resume the period of appeal is considered by one of the judges of the panel of judges of the Court of Appeal.
The law defines the time for an appeal to be heard as one month from the date of the case. In some cases, this period may be extended if the proceedings are repeatedly postponed. The reason for the postponement may be both the failure of the parties involved in the dispute and the court’s satisfaction with applications for additional evidence in the case.
What should the appeal to the economic court contain?
The appeal is filed in writing and must contain:
1) the name of the court of appeal, which filed a complaint;
2) the name of the local economic court, which made the decision, the number of the case and the date of the decision;
3) the requirements of the appellate complainant, as well as the grounds on which the issue of review is raised, citing legislation and materials available in the case or filed additionally;
4) a list of documents attached to the complaint.
An appeal is signed by the complainant or his representative.
The complaint is accompanied by evidence of the payment of the court fee and the sending of a copy of the complaint to the other party in the case.
We also offer tax appeals, appeals to the Supreme Court and other types of court appeals.