On appeal case institution

Article is dedicated to the problem questions of appeal case institution occurring in the arbitrage court. In order to analyze current arbitral procedural legislation and judicial opinion, the author arrives at a conclusion about the necessity of alteration of the content of part 1 article 261 of the Arbitral procedural code of the RF, notably: Filled appellation, with keeping charges of present Code about its form and content, is accepted to the arbitrage appeal court production. In the case of breach of charges, determined by points 1, 4 part 4 article 260 of the present Code arbitrage court has the right to abandon the appeal case, in case of breach of charges, described in items 2, 3 part 4 article 260 of the present Code arbitrage court abandons the appeal case or returns it according to the procedures described in articles 263 and 264 of the present Code. Part 4 of article 263 of the Arbitral procedural code of the RF must be also subjected to certain reasonable amendments, which can be recited to the following effect: Arbitrage appeal court states that if during the consideration of the question about the acceptance of the appeal case to the arbitrage appeal court production, breach of charges was determined according to points 1, 4 part 4 article 260 of the present Code, the court has the right to abandon the appealed case; in case of charges determined by points 2, 3 part 4 article 260 of present Code arbitrage court abandons the appeal case. Decision can be appealed. Practical application of such changes allows to expedite the procedure of judicial protection of one's infringed rights and interests, to avoid the formal approach when considering the acceptance the of appeal case to the production, and, consequently, large appeal court decision cancellations, and, finally, to cut down the state judicial expenses

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