The procedure for the consideration of the case by the court of cassation ak. Proceedings in a court of cassation. Leaving a cassation appeal without movement

The full text of Art. 284 APC RF with comments. New current edition with additions for 2019. Legal advice on Article 284 of the Arbitration Procedure Code of the Russian Federation.

1. The arbitration court of the cassation instance shall consider the case in a court session by a collegial composition of judges in accordance with the rules for the consideration of the case by the arbitration court of the first instance provided for by this Code, with the specifics established in this chapter, except for the cases provided for by part 1.1 of this article.

1.1. The trial intellectual rights how arbitration court The cassation instance shall consider the case, considered by it as a court of first instance, in a court session by the presidium of this court in accordance with the rules for considering a case by an arbitration court of first instance provided for by this Code, with the specifics established in this chapter.

2. The rules established by this Code only for the consideration of a case in the arbitration court of the first instance shall not apply when the case is considered in the arbitration court of the cassation instance, unless otherwise provided in this chapter.

3. The failure to appear at the court session of the arbitration court of the cassation instance of the person who filed the cassation appeal and other persons participating in the case cannot serve as an obstacle to the consideration of the case in their absence, if they were duly notified of the time and place of the court proceedings.

Commentary on Article 284 of the Arbitration Procedure Code of the Russian Federation

1. In the cassation instance, the norms on the suspension of proceedings in the case contained in the general provisions of the Arbitration Procedure Code of the Russian Federation shall be applied (Art. Art. 143-147 of the Arbitration Procedure Code of the Russian Federation). The arbitration court of the cassation instance suspends proceedings in the case in the cases established in the Arbitration Procedure Code of the Russian Federation, as well as in other cases provided for by federal laws (part 2 of article 143 of the Arbitration Procedure Code of the Russian Federation).

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2. If an application for the revision of a judicial act for new or newly discovered circumstances is filed with an arbitration court of the first, appeal or cassation instance after the case for revising the same judicial act has been accepted for proceedings and is in the court of cassation in connection with the consideration cassation appeal, the arbitration court, to which an application for revision of the judicial act has been submitted for new or newly discovered circumstances, suspends the proceedings on this application in relation to paragraph 1 of Part 1 of Art. 143 of the Arbitration Procedure Code of the Russian Federation before the adoption of a judicial act based on the results of the consideration of the cassation appeal.

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See: On the application of the provisions of the Arbitration Procedure Code Russian Federation when revising judicial acts for new or newly discovered circumstances: Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of June 30, 2011 N 52 // Bulletin of the Supreme Arbitration Court of the Russian Federation. - 2011. N 9. - M., 2011.

3. The cassation instance does not apply the rules on the transfer of disputes to an arbitration tribunal (part 6 of article 4 of the APC RF), on changing the grounds or subject of the claim, increasing the amount of claims (article 49 of the APC RF), on the entry into the case of third parties persons declaring independent claims on the subject of a dispute (Article 50 of the APC RF), on the entry into the case (involvement in participation in the case) of third parties who do not declare independent claims on the subject of the dispute (Article 51 of the APC RF), on the connection and separation of several claims (Article 130 of the Arbitration Procedure Code of the Russian Federation), on filing a counterclaim (Article 132 of the Arbitration Procedure Code of the Russian Federation), on keeping the minutes of the court session (Article 155 of the Arbitration Procedure Code of the Russian Federation).

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By analogy with the interpretation of previously valid arbitration procedural rules. See: On the Application of the Arbitration Procedure Code of the Russian Federation when considering cases in an arbitration court of the cassation instance: Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of September 24, 1999 N 13 // Economics and Life. - 1999. N 43.

4. In cases considered by the Intellectual Property Rights Court as a court of first instance, the consideration of cassation complaints in the cassation procedure is also carried out by the Intellectual Property Rights Court (part 3 of article 274 of the Arbitration Procedure Code of the Russian Federation). At the same time, the peculiarity of such a consideration in comparison with the general rules for considering a case by a court of cassation is that the corresponding review is carried out not by three or another odd number of judges (part 4 of article 17 of the Arbitration Procedure Code of the Russian Federation), but by the Presidium of the Intellectual Property Rights Court (part .1.1 Article 284 of the Arbitration Procedure Code of the Russian Federation), carrying out the consideration of cassation complaints, taking into account the provisions of Art. 43.7 of the Federal Constitutional Law "On Arbitration Courts in the Russian Federation", as well as the Rules of Arbitration Courts of the Russian Federation.

5. The definitions adopted by the Presidium of the Intellectual Property Rights Court may be revised by way of supervision in accordance with the rules of Chapter 36 of the APC RF.

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See: On some issues that have arisen in connection with the creation of the Intellectual Property Court in the system of arbitration courts: Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of October 08, 2012 N 60 // Journal of the Intellectual Property Rights Court. - 2013. October.

6. For due notice, see content and commentary on Art. 123 of the APC RF.

7. See also the commentary on Art. 11, 49, 135, 141, 152, 163, 274, 279 APC RF.

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Cassation appeals are considered in the cassation procedure by the arbitration court of the cassation instance, formed in accordance with the Federal Constitutional Law “On Arbitration Courts in the Russian Federation”.

A cassation appeal shall be filed with the arbitration court of the cassation instance, which is authorized to consider it, through the arbitration court that made the decision.

The arbitration court that made the decision is obliged to send the cassation appeal together with the case to the appropriate arbitration court of the cassation instance within three days from the date of receipt of the appeal by the court.

A cassation appeal may be filed within a period not exceeding two months from the date of entry into force of the contested decision or decision of the arbitration court, unless otherwise provided by the Arbitration Procedure Code of the Russian Federation.

The procedure for accepting a cassation appeal for proceedings by an arbitration court is determined by the rule of Art. 278 of the Arbitration Procedure Code of the Russian Federation, which states that only a cassation appeal filed in compliance with the mandatory requirements is the basis for initiating cassation proceedings. Inconsistency in the form and content of the cassation appeal is an obstacle to revision and the basis for leaving the complaint without progress until the deficiencies are eliminated (Article 280 of the Arbitration Procedure Code of the Russian Federation) or the return of the complaint (Article 281 of the Arbitration Procedure Code of the Russian Federation). In any case, the persons participating in the case have the right to count on the consideration of the issue of accepting or dismissing the submitted complaint no later than five days from the date of receipt of the complaint by the court of cassation.

At the stage of preparation of the cassation appeal for consideration by the arbitration court of the cassation instance, the necessary actions are taken to create conditions that allow solving the special procedural task of cassation review: notifying the persons participating in the case about the time and place of consideration of the cassation appeal by sending a ruling; resolution of petitions for securing a claim and suspension of execution of the appealed acts; study of the cassation appeal and case materials; termination of proceedings on a cassation appeal in the cases provided for by the Arbitration Procedure Code of the Russian Federation.

At the request, it is possible to suspend the execution of the appealed judicial acts (rulings, decisions or rulings of the court of the first and appellate instance) according to Part 1 of Art. 283 APC RF. The suspension of the execution of the appealed act, as a rule, must be accompanied by the provision by the applicant of counter financial security, which allows the other party to reimburse possible losses from the suspension in the future. Evidence of counter-security must be provided with the application for suspension. execution of a judicial act within the meaning of Part 4 of Art. 283 of the Arbitration Procedure Code of the Russian Federation shall be terminated upon any completion of the cassation review, including upon the return of the cassation appeal and the termination of proceedings on it. The court of the cassation instance, depending on the circumstances of the case, has the right to establish a different period for the suspension of the execution of the appealed judicial act and indicate this period in the ruling.

The arbitration court of the cassation instance considers the case in a court session by a collegial panel of judges in accordance with the rules for considering the case by the arbitration court of first instance provided for by the Arbitration Procedure Code of the Russian Federation, with the specifics established in Chapter 35 of the Arbitration Procedure Code of the Russian Federation.

The failure to appear at the court session of the arbitration court of the cassation instance of the person who filed the cassation appeal and other persons participating in the case cannot serve as an obstacle to the consideration of the case in their absence, if they were duly notified of the time and place of the court proceedings.

The arbitration court of the cassation instance considers the cassation appeal against the judicial act of the arbitration court within a period not exceeding two months from the date of the receipt of the cassation appeal together with the case to the arbitration court of the cassation instance, including the period for preparing the case for trial... If the cassation appeal is received by the arbitration court of the cassation instance before the deadline for its filing, the term for consideration of the cassation appeal is calculated from the date of expiry of the time period for filing the cassation appeal.

The above period may be extended on the basis of a reasoned statement by the judge considering the case by the chairman of the arbitration court up to six months due to the particular complexity of the case, with a significant number of participants in the arbitration process.

According to Art. 286 of the Arbitration Procedure Code of the Russian Federation, the arbitration court of the cassation instance verifies the legality of decisions, decisions adopted by the arbitration court of the first and appeal instances, establishing the correct application of the substantive law and the rules of procedural law when considering the case and adopting the contested judicial act and proceeding from the arguments contained in the cassation appeal and objections regarding the complaint.

Regardless of the arguments contained in the cassation appeal, the arbitration court of the cassation instance checks whether the rules of procedural law, which are an unconditional basis for the decision of the arbitration court of the first instance, the ruling of the arbitration court of the appellate instance, have not been violated by the arbitration court of the first instance and the appellate instance. When considering a case, the court of the cassation instance checks whether the conclusions of the arbitration court of the first instance and the appeal court on the application of the rule of law correspond to the circumstances established by them in the case and the evidence available in the case.

The ruling of the court of the cassation instance comes into legal force from the date of its adoption, a copy of the ruling is sent to the persons participating in the case within 5 days from the date of its adoption (parts 1, 4, 5 of article 289 of the APC).

The ruling of the court of the cassation instance is not subject to appeal, but can be revised by way of supervision by the Supreme Arbitration Court of the Russian Federation by submitting an application.

When considering a case in the course of proceedings, the arbitration court, based on the evidence available in the case and additionally presented evidence, shall re-consider the case. An appeal is filed against a court decision that has not entered into force within a month.

The Arbitration Court of the Cassation Instance verifies the legality of decisions and rulings adopted by the Arbitration Court of the First and Appellate Instances, establishing the correctness of the application of substantive law and norms of procedural law when considering the case and adopting the contested judicial act and proceeding from the arguments contained in the cassation appeal and objections to the complaint, unless otherwise provided by the APC RF.

Arbitration court. Litigation: Video

The legality of the adopted judicial acts was verified by the Federal Arbitration Court of the Volgo-Vyatka District in the manner established in, and the Arbitration Procedure Code of the Russian Federation. Based on clause 17 of part 4 of article 1 Federal law N 294-FZ, the peculiarities of the organization and conduct of inspections in terms of the type, subject, grounds for conducting inspections, the timing and frequency of their conduct, notifications of unscheduled field inspections and coordination of unscheduled field inspections with the prosecutor's office may be established by other federal laws, including including in the implementation of federal state fire supervision. Within the meaning of this provision, in the presence of special rules contained in federal legislation on fire safety regulating the above issues, the corresponding general provisions of Federal Law N 294-FZ in the organization and implementation of federal state fire supervision are not subject to application.

Guided by Art. Art. 284 - Arbitration Procedure Code of the Russian Federation, court

Resolved:

Decision of the Moscow Arbitration Court dated 01.08.2005, Resolution of the Ninth Arbitration Court appellate court of November 29, 2005 N 09AP-10904/05-AK in case N A40-13383 / 05-129-96 to leave unchanged, and the cassation appeal of Sistema Holding Limited was dismissed.

Article 284. Procedure for considering a case by an arbitration court of the cassation instance

The arbitration court of the cassation instance shall consider a case in a court session by a collegial composition of judges in accordance with the rules for considering a case by an arbitration court of first instance provided for by this Code, with the specifics established in this chapter, except for the cases provided for by part 1.1 of this article.

Information about changes:

Federal Law No. 422-FZ of December 8, 2011 supplemented Article 284 of this Code with part 1.1

1.1. The intellectual rights court, as an arbitration court of the cassation instance, shall consider the case considered by it as a court of first instance in a court session by the presidium of this court in accordance with the rules for considering a case by an arbitration court of first instance provided for by this Code, with the specifics established in this chapter.

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18.4. Procedure for initiating cassation proceedings

The initiation of cassation proceedings is carried out by filing a cassation complaint in the manner prescribed by law and accepting it for the cassation instance.

In accordance with the provision of Art. 275 of the Arbitration Procedure Code of the Russian Federation, the procedure for filing and moving a cassation appeal takes place through the court of a constituent entity of the Russian Federation, which adopted the contested judicial act. This procedure is optimal, since in this case the complaint goes to the court of the cassation instance together with the case, without which the consideration of the complaint is impossible. Violation of this rule may entail serious negative consequences for the applicant: the return of the cassation appeal, as well as the impossibility of restoring the term for the cassation appeal missed for this reason, which in jurisprudence often not considered respectful.

According to Part 1 of Art. 276 of the Arbitration Procedure Code of the Russian Federation, the term for cassation appeal is two months from the date of entry into force of the appealed judicial act.

Accordingly, the two-month period for cassation appeal of the decision of the arbitration court of first instance, which concludes the consideration of the case on the merits, begins after the expiration of one month from the date of the decision, if no appeal is filed, or from the date of adoption of the decision by the arbitration court of the appellate instance, if the decision is not canceled and not changed on appeal.

The procedure and terms for appealing the rulings in accordance with Art. 188 APC RF have some features. In the cassation procedure, separately from the judicial act adopted on the merits of the dispute, the ruling issued in the form of a separate judicial act may be appealed in cases where the appeal of such a ruling is provided for by the Arbitration Procedure Code of the Russian Federation or when this ruling impedes the further progress of the case. According to Part 3 of Art. 188 of the Arbitration Procedure Code of the Russian Federation, if another term for appealing such determinations is not directly established in the code, the complaint can be filed within a month from the date of the determination.

Established part 2 of Art. 276 of the Arbitration Procedure Code of the Russian Federation, a six-month period allowing the restoration of the term for cassation appeal, by virtue of Part 2 of Art. 117 of the Arbitration Procedure Code of the Russian Federation is restrictive and cannot be restored if it is passed.

From the moment of the expiration of six months after the end of the term for filing a cassation appeal, the right to interested person on cassation appeal. In this case, the cassation appeal is not subject to consideration in any case, regardless of the reasons for missing the deadline for its submission. By virtue of Part 3 of Art. 117 of the Arbitration Procedure Code of the Russian Federation, a petition for the restoration of the time limit for filing a cassation appeal is filed together with the cassation appeal and is considered solely by the judge of the cassation instance within five days, the restoration of the time period is indicated in the ruling on the acceptance of the cassation appeal for proceedings (part 4 of article 276 of the Arbitration Procedure Code of the Russian Federation). The petition for the restoration of the term for the cassation appeal is considered without notification and without the participation of the persons participating in the case (part 4 of article 117 of the Arbitration Procedure Code of the Russian Federation).

Established in Art. 277 of the Arbitration Procedure Code of the Russian Federation, the list of requirements for the form and content of a cassation complaint is exhaustive.

A cassation complaint must be a written document signed by the person filing the complaint or his authorized representative. A complaint in a mandatory written form must contain necessary information and details (parts 2 - 4 of Art. 277 of the Arbitration Procedure Code of the Russian Federation), failure to comply with the requirements for the form and content of a cassation appeal by virtue of Part 1 of Art. 280 of the APC RF entails negative legal consequences for the applicant.

The cassation appeal must indicate:

The name of the arbitration court to which the cassation appeal is filed;

The name of the person filing the complaint, indicating his procedural status, as well as other persons participating in the case, their location or place of residence;

the name of the arbitration court that made the contested decision, ruling, case number and the date of the decision, ruling, subject of the dispute;

Requirements of the person filing the complaint to verify the legality of the contested judicial act and the grounds on which the person filing the complaint appeals against the decision, ruling, with reference to laws or other regulatory legal acts,
circumstances of the case and evidence in the case;

List of documents attached to the complaint;

Other information, petitions.

The applicant must indicate in the cassation appeal the desired result of the revision, taking into account the list of powers of the court of cassation, named in Art. 287 of the Arbitration Procedure Code of the Russian Federation: should the appealed act be canceled or changed and at the same time made a new decision; or the case should be remitted for a new examination; leave the claim without consideration or terminate the proceedings; to leave unchanged the judicial act previously adopted in the case.

Attached to the cassation appeal:

A copy of the contested judicial act;

Documents confirming payment state duty in accordance with the established procedure and amount, or the right to receive benefits in the payment of state fees, or an application for a deferral, installment plan for the payment of state
duties, on the reduction of its size;

Documents confirming the direction or delivery of copies of the cassation appeal and documents that they do not have to other persons participating in the case;

Power of attorney or other document confirming the authority to sign the cassation appeal.

It should be noted: in Art. 277 of the Arbitration Procedure Code of the Russian Federation expressly states that the applicant's obligation to serve copies of the complaint and the documents attached to it can be fulfilled by direct delivery to other persons participating in the case, personally against receipt. From paragraph 3 of part 4 of Art. 277 of the Arbitration Procedure Code of the Russian Federation, it follows that a postal receipt for sending registered letters with notification to persons participating in the case is a document confirming the applicant's fulfillment of the obligation to send copies of the cassation appeal and documents that they do not have to other persons participating in the case (Part 3 Art.277 of the APC RF). Thus, the absence in the appendix to the complaint of the return notification cards confirming the delivery of the correspondence is not a defect in the form and content of the cassation complaint.

18.5. Procedure for Considering a Case in an Arbitration Court of the Cassation Instance

The cassation appeal is left without movement by the arbitration court of the cassation instance, provided that it is filed in violation of the requirements established by the Arbitration Procedure Code of the Russian Federation, and is drawn up by issuing a ruling, a copy of which is sent to the person who filed the cassation appeal no later than the next day after the day of its issuance.

The definition indicates:

Grounds for leaving the cassation appeal without movement;

The time period during which the person who filed the cassation appeal must eliminate the circumstances that served as the basis for leaving the cassation appeal without progress.

If the circumstances that served as the basis for leaving the cassation appeal are eliminated within the time period specified in the court ruling, the cassation appeal shall be deemed to have been filed on the day of its initial receipt by the court and shall be accepted for proceedings by the arbitration court of the cassation instance.

Otherwise, if the indicated circumstances are not eliminated, the arbitration court shall return the cassation appeal and the documents attached thereto to the person who filed the appeal.

Grounds for returning the cassation appeal:

The cassation appeal is filed by a person who does not have the right to appeal a judicial act in the cassation procedure, or is filed against a judicial act that is not appealed in the cassation procedure;

The cassation appeal was filed after the expiry of the time period for filing the cassation appeal and does not contain a petition for its restoration or the restoration of the missed period has been refused;

Prior to the issuance of a ruling on the acceptance of the cassation appeal for proceedings by the arbitration court of the cassation instance, the person who filed the cassation appeal received a petition for its return;

The circumstances, which served as the basis for leaving the cassation appeal without movement, have not been eliminated, within the time period established in the court ruling;

If the application for a deferral, installment plan for the payment of the state fee, for a decrease in its size is rejected.

The arbitration court issues a ruling on the return of the cassation appeal, a copy of which is sent to the person who filed it, together with the cassation appeal and the documents attached thereto. The referral takes place no later than the next day after the day the ruling is made or after the expiration of the time period established by the court to eliminate the circumstances that served as the basis for leaving the cassation appeal alone, including when deciding in this ruling the issue of refusing to satisfy the petition for the restoration of the missed deadline cassation appeal (part 2 of article 276, part 2 of article 278 of the Arbitration Procedure Code of the Russian Federation). The ruling on the return of the cassation appeal may be appealed by the applicant in cassation (part 1 of article 291 of the APC RF). After elimination of the circumstances that served as the basis for the return of the cassation appeal, the returned appeal may be re-filed "in accordance with the general procedure" (Article 281 of the APC RF), i.e. in compliance with the established rules. Consequently, upon expiry of the time limit for the cassation appeal at the time of the resubmission of the cassation appeal, the person who filed the appeal must also send a petition for the restoration of the missed time limit.

Preparation for the consideration of a case in the cassation instance

At the request of the applicant, it is possible to suspend the execution of the appealed judicial acts (rulings, decisions or rulings of the court of first instance and appeal) in accordance with Part 1 of Art. 283 APC RF. The suspension of the execution of the appealed act, as a rule, must be accompanied by the provision by the applicant of counter financial security, which allows the other party to reimburse possible losses from the suspension in the future. Evidence of counter-security must be provided with the application for suspension. Suspension of execution of a judicial act within the meaning of Part 4 of Art. 283 of the Arbitration Procedure Code of the Russian Federation shall be terminated upon any completion of the cassation review, including upon the return of the cassation appeal and the termination of proceedings on it. The court of the cassation instance, depending on the circumstances of the case, has the right to establish a different period for the suspension of the execution of the appealed judicial act and indicate this period in the ruling.

Termination of proceedings on a cassation appeal

If there is a reason specified in Part 1 of Art. 282 of the Arbitration Procedure Code of the Russian Federation (refusal of a cassation appeal), proceedings in a cassation instance on a complaint accepted for consideration are subject to unconditional termination, unless this contradicts the law and does not entail a significant violation of the rights of other persons participating in the case. In the absence of obstacles to the acceptance of the waiver of the cassation appeal specified in Art. 49 of the Arbitration Procedure Code of the Russian Federation, the arguments of the cassation appeal cannot be considered on the merits, the refusal of the complaint is not accepted only when it contradicts the law or violates the rights of other persons, but not the applicant himself.

The legal consequence of the termination of proceedings on the cassation appeal in the event of the applicant's refusal of the complaint is the prohibition of repeated appeal of the same person to the court of cassation on the same grounds on which the initial appeal was filed. Therefore, a repeated complaint cannot be accepted, which does not contain other arguments about the illegality of the contested act in comparison with the arguments of the initial one. Such a complaint can be returned under paragraph 1 of part 1 of Art. 281 of the APC RF in view of the fact that the applicant has lost the right to appeal this judicial act on the grounds stated by him earlier.

Litigation in a court of cassation

Consideration of cases in a court of cassation in accordance with Art. 284 of the Arbitration Procedure Code of the Russian Federation is carried out according to the rules established for the court of first instance, taking into account the peculiarities of the cassation proceedings, which restrict the possibility of applying the rules of proceedings established for the court of first instance (section II of the Arbitration Procedure Code of the Russian Federation).

The rules established only for the first instance, or the rules, the application of which is limited by the norms of Ch. 35 APC RF, for example:

Participation of arbitration assessors;

Agreement to change the contractual jurisdiction;

Bringing another defendant and replacing the inappropriate defendant;

Change in the basis or subject of the claim, increase or decrease in claims;

Involvement of third parties in the case;

Submission of a counterclaim;

Keeping the minutes of the court session.

The term for consideration of a cassation appeal by an arbitration court of the cassation instance shall not exceed one month from the date of receipt of the cassation appeal together with the case in the arbitration court of the cassation instance, including the period for preparing the case for trial and the adoption of a judicial act.

An arbitration court of the cassation instance shall consider a case in a court session by a collegial composition of judges in accordance with the rules for considering a case by an arbitration court of first instance, with the exception of the provisions established only for consideration of a case in an arbitration court of first instance.

The revision of the rulings of the court of the cassation instance on the return of cassation complaints is carried out without notifying the parties. Complaints against rulings made by the judge of the cassation instance alone shall be considered by the court of the cassation instance in a collegial composition. Complaints against rulings made by the court of the cassation instance collegially (for example, a ruling on the termination of proceedings on a cassation appeal - part 4 of article 282 of the APC RF), are considered by the same court collegially, but in a different judicial composition (i.e., judges who did not participate in the adoption of the contested ruling). Consideration of complaints in accordance with Part 2 of Art. 291 of the APC RF must be carried out with the notification of the parties. Based on the results of the cassation examination of the complaint, a judicial act is adopted, called a determination, which is not appealed, but can be revised in a supervisory manner or on newly discovered circumstances.

18.6. Limits of Consideration of a Case in the Cassation Instance

The limits of cassation revision in the arbitration process, as a legislatively enshrined institution, limit the content of verification activities, substantive and functional powers, the essence of the ruling of the arbitration court of the cassation instance adopted as a result of the revision. Article 286 of the APC RF contains a general definition of the limits of cassation revision, and in more detail the essence of this procedural institution is determined by the content of other norms of the APC RF. The establishment of the limits of judicial control in the cassation instance is mainly due to the special procedural task of cassation (verification of the legality of the appealed acts) and the dispositive start of proceedings in the arbitration process, which presupposes the dependence of judicial control on the applicant's procedural actions. According to general rule, on the one hand, cassation control is limited to verification of legality, i.e. the correctness of the application of the norms of substantive and norms of procedural law by the courts of lower instances when they accept the appealed act. On the other hand, the verification of the legality of the appealed act is carried out within the framework of the arguments of the cassation appeal and objections to the appeal submitted to the court of cassation by other participants in the process.

The general task of legal proceedings in arbitration courts, enshrined in Art. 2 of the Arbitration Procedure Code of the Russian Federation as protection of violated rights and legitimate interests of participants in economic relations is also obligatory for the court of cassation. However, the court of cassation should, as a rule, exercise such protection to the extent that it considers necessary applicant of the cassation appeal, which means that the arbitration court of the cassation instance should not check the correctness of the settlement of the disputed material legal relationship as a whole, the court's efforts are directed primarily at eliminating those violations of the applicant's rights and legitimate interests, to which the applicant refers in the cassation appeal. As indicated in Part 1 of Art. 286 of the Arbitration Procedure Code of the Russian Federation, the court of cassation also considers the objections of other persons participating in the case to the arguments of the cassation appeal. Thus, the court of cassation should not consider the objections of other participants in the proceedings, if these objections are not related to the arguments of the cassation appeal and consist in challenging the legality of the judicial act in the part not appealed by the applicant. In order to expand the scope of the cassation review, other persons participating in the case must also file a cassation appeal.

The court of the cassation instance was not granted the right, on its own initiative, to check the legality of the appealed act in the rest of the part. The exception is the rule of Part 2 of Art. 286 of the Arbitration Procedure Code of the Russian Federation, obliging the court of the cassation instance to go beyond the arguments of the cassation appeal when checking the correct application of the norms of procedural law, the violation of which, according to Part 4 of Art. 288 is an unconditional basis for canceling the appealed judicial act.

Part 3 of Article 286 of the Arbitration Procedure Code of the Russian Federation reflects a specific manifestation of the relationship of legality and validity in the cassation examination of the appealed act. Thus, the court of cassation does not have the right to independently establish the material circumstances of the case, since this is the prerogative of the courts of first and appeal instances, which are empowered to consider the case on the merits.

The arguments of the appeal in accordance with paragraph 4 of part 2 of Art. 277 of the Arbitration Procedure Code of the Russian Federation should also be stated taking into account the relationship between the legality and validity of judicial acts. Therefore, the applicant should not only refer to the incorrect establishment of the essential circumstances, but also point out those violations of the law and the applicant's specific rights that, in his opinion, were committed due to the incorrect establishment of the essential circumstances of the case. The court of the cassation instance, based on the arguments of the complaint, verifies the correctness and completeness of the establishment of the essential circumstances of the case and the assessment of the evidence presented, the correctness of the conclusions of the lower court on the legal significance of the established circumstances.

The issue of submitting additional evidence to the court of cassation is related to the scope of the cassation review. The Code of the Russian Federation does not contain a direct prohibition on the provision of additional evidence to the court of cassation that was not presented when considering the dispute on the merits, but by virtue of Part 2 of Art. 268 of the Arbitration Procedure Code of the Russian Federation, the possibility of accepting additional evidence presented after the decision by the court of first instance depends on judicial discretion. Since the court of cassation has been granted the right to check whether the conclusions of the lower court on the application of the rules of law correspond to the established circumstances of the case and the collected evidence, this presupposes an assessment by the court of the cassation instance of evidence relating to the essential circumstances of the case, which does not exclude the possibility, at the discretion of the court, to investigate the additional proof.

However, the result of the assessment of the totality of the available in the case and additional evidence cannot be the establishment of new circumstances of the case by the court of cassation (clause 3 of part 1, part 2 of article 287 of the Arbitration Procedure Code of the Russian Federation). The legal consequences of such an assessment of evidence are to refer the case for a new trial, if the conclusions contained in the complained judicial act, do not correspond to the evidence examined by the court of cassation. It is inadmissible for the cassation court to accept, after the abolition of the appealed act, a new ruling on the merits of the dispute based on the assessment of the evidence examined during the cassation review.