Law checked on 24 October 2026. This guide concerns the district arbitrazh court. A subsequent application to the Supreme Court is a separate procedure.
Availability
Identify the act, procedural stage, applicant and special rule.
Deadline
Record the legally relevant starting point and filing deadline.
Legal error
Link the breach to the existing case record and requested outcome.
Which act can be challenged
Obtain the complete first-instance judgment or order and the appellate ruling. Identify the main case, the particular bankruptcy dispute and the challenged parts. Check standing, the appellate stage and special restrictions. An economic interest alone does not establish a right to challenge every act.
If you are preparing the first appeal against a bankruptcy declaration, use the guide to appealing the bankruptcy judgment. A separate guide addresses appealing admission of a creditor claim.
One month or two
| Situation | Rule | Record |
|---|---|---|
| Appellate ruling reviewing an order in a bankruptcy dispute | No more than one month after the ruling takes effect, subject to Article 61(3) | Act type, effective date and applicability of Article 61 |
| An act governed by the general rule in Procedure Code Article 276 | No more than two months after the challenged act takes effect, unless a special period applies | Why the general rather than a special period applies |
| A missed deadline | Separate restoration request supported by evidence | Obstacle timeline and when the applicant knew or should have known of the act |
A month is not invariably 30 days. Apply the procedural calculation rules, including month-end and a non-working final day. Do not replace the effective date with the day a paper copy arrived.
Article 276(2) allows restoration for circumstances beyond the applicant’s control and sets a six-month limit for the restoration request; Article 42 persons have a special starting point based on awareness of the infringement. This is not an unrestricted extra six months. Explain the delay and provide records; restoration is not guaranteed.
Structuring cassation grounds
The cassation court reviews legality and application of law within Article 286. A complaint should not simply ask the court to prefer your evidence over the opponent’s evidence again.
| Element | Explain | Reference |
|---|---|---|
| Court finding | The exact reasoning and challenged part | Page of the judicial act |
| Legal breach | The wrongly applied rule or procedural violation | Applicable law and established facts |
| Effect | How the error affected the outcome | Existing case document, calculation and file pages |
| Relief | Reversal, amendment or remittal within the court’s powers | Why that outcome fits the identified defect |
Hypothetical example. The dispute concerns RUB 1,200,000, of which RUB 300,000 is challenged; the remaining part is RUB 900,000. Separate the challenged portion and the legal error affecting it. The arithmetic 1,200,000 − 300,000 = 900,000 does not itself establish grounds for reversal. A record of a new payment cannot simply be introduced at cassation as a substitute for timely proof.
Complaint and attachments
- The challenged acts and their effective dates.
- A signed complaint identifying the court, participants, case, dispute, relief, grounds and attachments.
- Signatory and representative authority, plus representative qualification records where required.
- Evidence that participants were sent the complaint and documents they do not already hold.
- Fee payment evidence, an exemption or a reasoned application concerning payment.
- Where necessary, separate restoration and stay requests with supporting evidence.
Article 277 governs content and attachments. Check the fee and exemptions for cassation and the actual applicant; do not copy the payment for a first appeal. Verify payment details with the chosen court.
A working structure for one ground
“At paragraph [number], the court concluded [finding]. On the facts established by the courts, [rule] applied, but the court used [different rule or interpretation]. This affected [challenged part]. The relevant record is at [volume and pages]. We request [relief within cassation powers].” Do not describe facts absent from the record as already established.
Where to file and how to check acceptance
- Address the complaint to the competent district arbitrazh court.
- Under Article 275, file through the arbitrazh court that issued the decision.
- Keep dispatch, receipt and service evidence.
- Check the order accepting the complaint or requiring defects to be remedied.
- Monitor the case card for the review date, procedure and subsequent acts.
An electronic upload receipt is not an acceptance order. If defects must be corrected, meet the court’s deadline. If the complaint is returned, identify the reason and available procedural route rather than resending an unchanged package.
Does cassation stop enforcement?
No. A stay of enforcement is a separate issue under Article 283. The applicant must explain why reversal of enforcement would be impossible or difficult, or provide the security prescribed by law. An electronic stay request under this article requires an enhanced qualified electronic signature.
Identify the specific acts, enforcement risk and supporting evidence. Do not assume a stay exists before a court order. A stay of enforcement also differs from suspension of the bankruptcy proceedings.
Questions
Are two months always available?
No. Article 61 governs appellate rulings on orders in bankruptcy disputes; check the act type and exceptions first.
Can I repeat my appellate complaint?
Restructure it for legality review and address the appellate court’s reasoning.
Should I go straight to the Supreme Court?
That is a different procedure. Identify the statutory route for your act, including whether district-court cassation is available.
Does reversal mean immediate success?
No. The matter may be remitted or have other consequences specified in the operative part.
Primary sources
- Bankruptcy Law, Article 61.
- Procedure Code, Article 276.
- Article 275.
- Article 277.
- Article 286.
- Article 283.
Need to assess cassation grounds?
We can review the act, deadline, standing and connection between the legal error and the case record without promising reversal.
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