RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of June 30, 2020 No. 12

About application of the Arbitral Procedure Code of the Russian Federation by hearing of cases in Arbitration Appeal Court

For the purpose of uniform application of the Arbitral Procedure Code of the Russian Federation by Arbitration Courts by hearing of cases in Arbitration Appeal Court the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, articles 2 and 5 of the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to make to Arbitration Courts the following explanations.

General provisions

Persons having the right to appeal appeal

The court resolutions which are subject to appeal appeal

1. In case of application of Articles 257, of 272, 272.1 Arbitral Procedure Codes of the Russian Federation (further - the AIC of the Russian Federation, the Code) to Arbitration Appeal Courts should be taken into account that the right to appeal of court resolutions according to the procedure of appeal production is had as persons participating in case and other persons in the cases provided by the AIC of the Russian Federation. Persons about whose rights and about obligations the court resolution is adopted treat other persons owing to part 3 of Article 16 and article 42 of the Code. With respect thereto the persons who are not participating in case, both specified, and are not specified in motivation and/or substantive provisions of the court resolution having the right it to appeal according to the procedure of appeal production if it is accepted about their rights and obligations, that is this court resolution directly affects their rights and obligations, including obstacles for realization of their subjective right or proper execution of obligation in relation to one of the parties of dispute are created.

Also legal successors of persons participating in case, experts, specialists, witnesses, translators regarding payment to them of the remuneration and/or expense recovery suffered when considering the case and the prosecutor on the cases specified regarding 1 Article of 52 AIC of the Russian Federation treat persons having the right to appeal according to the procedure of appeal production even if he did not participate in consideration of this case in Arbitration Court of the first instance (further also - Trial Court, court).

Based on Item 3 of part 1 of Article 25. 11, Article 28. 4, parts 1 of article 30.10 of the Russian Federation Code of Administrative Offences (further - the Code of the Russian Federation on Administrative Offences), and also taking into account part provisions 2 Articles of 52 AIC of the Russian Federation the Prosecutor General of the Russian Federation and his deputies, prosecutors of subjects of the Russian Federation, their deputies and prosecutors equated to them, their deputies are given the right of appeal of the decision of Arbitration Court on the case of administrative prosecution, on the case of contest of the resolution of administrative authority on administrative prosecution in appeal procedure irrespective of their participation in consideration of the case in Trial Court.

From content of provisions of Items 4, 5 parts 5 of article 4 of the Federal Law of May 7, 2013 No. 78-FZ "About representatives for protection of the rights of entrepreneurs in the Russian Federation", Articles 40, 53.1 AIC of the Russian Federation follow that the Comissioner for the President of the Russian Federation on protection of the rights of entrepreneurs, authorized on protection of the rights of entrepreneurs in subjects of the Russian Federation have the right of appeal appeal of court resolutions of Trial Court if they participated personally or through the representatives in consideration of the case in Trial Court.

2. In case when the claim is submitted by person who was not participating in case, the court should check whether reasons for how the disputed court resolution directly affects the rights or the applicant's obligations contain in the claim. In the absence of the corresponding reasons the petition for appeal returns to force of Item of 1 part of 1 Article of 264 AIC of the Russian Federation.

When considering the case on the petition for appeal of person who was not participating in case, the Arbitration Appeal Court determines whether mentions the adopted court resolution of the right or the applicant's obligation, and, having established it, resolves issues of cancellation of court resolution of Trial Court, being guided by part 6.1 Articles 268, item 4 of part 4 of article 270 of the Code, and about involvement of the applicant to participation in case.

If after adoption of the petition for appeal it is determined that the applicant has no right to appeal of court resolution, then in relation to Item 1 of part 1 of article 150 of the Code production according to the claim is subject to the termination.

3. The Arbitration Appeal Court performs check of legality and justification of the court resolutions of the Arbitration Courts adopted by them on the first instance, except as specified when appeal of such court resolutions is performed only in cassation procedure which did not take legal effect.

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