Art. 4 APC of the Russian Federation describes with a high level of thoroughness who, on what grounds, has the right to apply to the court. To a large extent, the provisions of the article are disclosed in other provisions of the code.
Legislative regulation
Art. 4 APC of the Russian Federation discloses the content of the right to appeal to the arbitration court.
The arbitration process provides for the division of legal proceedings into categories. For example, proceedings on cases of administrative violations, disputes over the payment of taxes and other mandatory fees. The list is long and from time to time it is supplemented if you follow the changes in the agricultural sector. They provide for the features of the implementation of the right to appeal to the court.
What is the basis for a lawsuit or legal complaint?
Art. 4 APC of the Russian Federation refers to several groups of circumstances that may serve as an appropriate reason for the claim:
- violation of legitimate interest;
- violation of law;
- refusal to recognize rights from third parties;
- unjustified delay in the trial and execution of a judicial act.
Violation of interest
Legal interest is a broader concept than law. Interest is the presence of a choice of opportunities, of how to behave, to dispose of your property. Both the state and entrepreneurs often restrict these opportunities by violating antitrust laws.
Violation of law
Violation of law is a narrower concept. The right is a permitted measure of behavior, for example, the right to receive a land plot or to take part in tenders. Illegal actions of authorities or others deprive them of this right.
The right is a fixed opportunity to influence things or dispose of tangible or intangible benefits. For example, ownership of real estate, housing, receiving payments from a counterparty, etc.
Challenging law
In practice, the application of Art. 4 of the APC of the Russian Federation: non-recognition or contesting the right is associated with difficulties in processing documents. For example, there is no certificate of ownership and an agreement on the basis of which it could be issued. In this case, you have to apply for recognition of your rights. Typically, the second party to the dispute or the formal defendant is the state or municipal authorities. Only documents bearing indirect confirmation have survived.
Who is entitled to go to court?
This question is solved as follows. According to Part 1 of Art. 4 of the APC of the Russian Federation, the injured person is entitled to apply to the court.
The prosecutor's office is entitled to protect the interests of others, in particular, in cases involving state-owned enterprises or institutions or an indefinite number of persons.
The situation is similar with other state bodies (SES, fire supervision, etc.), which have the right to terminate the activities of the enterprise for up to 90 days.
Form of protection of rights and interests
The law provides several ways to defend yourself in court:
- file a lawsuit;
- make a complaint;
- apply;
- submit a submission.
A lawsuit is filed in the event of a dispute between business entities, between an authority and such an entity, unless the authority exercises its authority in this case.
Complaint - a statement on the review of a court decision as part of the appeal, cassation and supervisory review proceedings.
The application is filed in a dispute with the authority on the legality of the application of its powers and is an analogue of the claim.
Submission - a response form of the prosecutor's office, an analogue of a lawsuit, statement or complaint.
A lawsuit, statement or complaint in accordance with Art. 4 APC of the Russian Federation can be filed in other situations provided by law.
The difference between the arbitration process
Part 5, Art. 4 APC RF provides for compliance with pre-trial or claim proceedings. This applies to disputes related to compliance with contracts or transactions.
The filing of a claim is permitted no earlier than 30 days after the transfer or filing of a claim.
In the same article, cases are indicated in which the observance of the claims procedure is excluded: applications for issuing orders, corporate disputes or disputes with authorities, bankruptcy cases.
The law provides that the parties, before the judge retires to the deliberation room, have the right to refer the matter to the arbitration court.
Challenging the legitimacy of government actions
Entrepreneurs and organizations have the right to challenge non-normative acts of the authorities or their actions or inaction in the arbitration court, if the case involves entrepreneurial activity.
Non-normative acts - written decisions, in particular, acts, regulations, decisions, etc., relating to a specific situation.
Actions or inaction may not have a formalized appearance and are confirmed by witnesses and other documents.
Part 4, Art. 198 of the APC of the Russian Federation limits the term of circulation to 3 months from the day it became known about the violation by analogy with CAS.
Selection of the application form
The positive side of the arbitration proceedings is the organization of electronic document management. Submission of documents to the court is permitted both in paper and in electronic form.
The validity of materials in electronic form is recorded using electronic digital signature.
Filling out application forms is possible in the “My Arbitrator” system, all arbitration courts are included in it.
Copies of the documents attached to the paper lawsuit are certified by the person filing the lawsuit, application or complaint.
Dates of going to court
Appeal to the court is governed by different rules. Some violations have no statute of limitations, some are limited to a 3-year period of treatment. The law provides for the possibility of establishing other rules.
Part 4, Art. 198 APC RF is the most stringent in this regard. Lack of forethought and dexterity of officials can lead to a 3-month miss, which will be difficult to restore.