On Some Problematic Issues of Appealing a Court Order in the Arbitration Process

Abstract

The subject of the study in this article is the procedure for cassation appeal of court orders in the arbitration process. The authors raise the problems faced by courts and business participants when applying to the courts of cassation in the light of the transition to electronic justice. A critical analysis of the norms of the Agro-industrial Complex of the Russian Federation regulating the procedure for cassation proceedings on the appeal of court orders allowed the authors to identify a number of existing shortcomings and propose measures to accelerate the type of proceedings under consideration. Using the example of judicial practice materials, the authors demonstrated that courts often interpret the same provisions of the arbitration procedural law in different ways. The authors offer their own vision of solving the problems associated with the cassation appeal of court orders that have entered into force in the arbitration process, while paying attention not only to ensuring the interests of the recoverer, the debtor, but also persons who did not participate in the writ proceedings in the court of first instance, but whose rights and obligations the court order was issued.