How to make an appeal to the court
How to make an appeal to the court
Any solution court can be appealed by filing on the relevantthe stage of judicial review of written complaints (appeals, cassations, etc.) to a higher judicial authority. The procedure for filing and review of such complaints is established by the Arbitration, the Civil Procedure and the Code of Criminal Procedure of the Russian Federation.
Instructions
1
Before making a complaint about the decision court determine whether the statutory limit has expiredperiod necessary for its submission. Appeals (designed to appeal against decisions of magistrates) and cassation appeals (to appeal decisions of judges of district courts) must be filed within ten days of the date of the decision of the court, which considered the case in the first instance. Appellate complaints are sent to the district court, cassation appeals to the court of the subjects of the federation (oblast, the court of the republic, etc.). Supervisory complaints are filed against the court decisions that have already entered into force within 6 months after their issuance. These complaints are addressed to the Presidium court subject of the Russian Federation or to the Supreme Court of the Russian Federation, to one of the collegiums, depending on the nature of the case.
2
In arbitration proceedings, appellatecomplaints are submitted to the decisions of the arbitration courts of the subject of the Russian Federation that have not entered into legal force in the district arbitration court within a month from the date of the decision. Cassation appeals against the decisions of the arbitration courts of the constituent entities of the Russian Federation that have entered into legal force are submitted to the district arbitration court within two months. Supervisory complaints are submitted to the Supreme Arbitration Court within three months from the date of entry into force of the last of the decisions in the case.
3
Requirements for all types of complaints are common, in themthere should be an introductory part (requisites), the main (descriptive-motivating) and petitioning. Failure to comply with the rules of drafting a complaint does not prevent re-use after correcting all the shortcomings.
4
Compose a complaint with the details court, in which you submit it, as well as your personal data and data of other persons participating in the case.
5
In the main part of the complaint, make an indication of the content of the decision you complained about, describe your requirements and list the reasons for which, it seems to you, this decision court must be recognized as unlawful and subjectchange or cancellation. This may be an incorrect definition of circumstances relevant to the case or lack of evidence, violations of material or procedural law.
6
In the petitioner, express your request for the cancellation or change of the decision you complained about. The main thing is that your demand corresponds to the authority court, to which the complaint is lodged. Otherwise, it will be left without consideration and will be returned to the applicant.
7
Then sign your complaint, set the current date. Attach to the complaint the evidence you have (if any) that confirm the validity of such treatment.
