Tip 1: How to file a complaint against a court decision
Tip 1: How to file a complaint against a court decision
Court decisions, as a rule, are sufficientobjective and based on the law, but this does not mean that the losing side will agree with the verdict. That is why, during the announcement of the decision on the case, the judge necessarily informs that it can be appealed in the period established by law.
Instructions
1
If you disagree with the decision of the court, you canappeal to a higher authority. The court of first instance is the court in which the proceedings took place. Usually it is a magistrate or a city (district) court. The difference between these options is that the magistrate examines issues in which the amount of the claim does not exceed 50 thousand rubles. In addition, he can decide cases on the dissolution of marriages without disputes about children, on the division of property amounting to less than fifty thousand rubles, administrative cases and some non-monetary penalties.
2
If your case was considered by a justice of the peace,The appeal should be written in the city (district) court. But it is important to know that the complaint itself is given to the secretary of the magistrate. In the event that the case was heard in the city (district) court, the decision should be appealed in the regional court. The complaint itself is submitted to the office of the court in which the decision was made.
3
To file an appeal, you havethirty days from the date of the court decision. It should be borne in mind that in most cases the court of the next instance confirms the decision made earlier. In addition, when filing a complaint, you can not change the claim, bring new people to justice, file a counterclaim. By submitting new evidence, you should reasonably explain why they could not be presented to the first instance court.
4
During the hearing of the case in the court of the firstyou must take into account the possibility that you will appeal the decision. Therefore, in the course of the process, make sure that all your petitions are recorded in the case. In case of refusal on the petition, for example, about carrying out of any examination, the fact of refusal can become a subject of consideration in the court of appeal.
5
As a result of consideration of the appeal, the court maycompletely or partially cancel the decision of the lower court, keep it in force, cancel the decision and terminate the case, leave the complaint without consideration in the event of missing the deadline. The Court of Appeal can not refer the case to a new trial.
6
If the decision of the Court of Appeal does notsatisfied, you can file a cassation appeal to the presidium of the court of the subject of the federation. The complaint is submitted directly to the court of cassation. You have six months to file a complaint. Please note that the cassation court does not consider the essence of the case, but violations in the course of the previous proceedings. Therefore, in the complaint it is necessary to speak about them.
7
First, the case will be reviewed by a judge of the court of cassation. If he considers that the case is worth considering, it will be sent to the presidium of the court. In this case, you will be summoned and you will have to prove that serious legal violations were committed during the hearing of the case. Based on the results of consideration, the court of cassation may leave the decision in force, revoke it, adopt a new decision or refer the case for a new examination.
Tip 2: How to file a complaint about a decision
Legislation of the Russian Federationprovides for the possibility of challenging judicial acts and decisions of officials even after the expiry of the period for their appeal. The system of instances to appeal decisions is clearly defined in such normative documents as the Arbitration and Civil Procedural Codes of the Russian Federation, as well as the Code of Administrative Offenses of the Russian Federation.
Instructions
1
If you want to appeal a court decision or a decision of an official (for example, a traffic police officer), first of all, it is necessary to decide what Grievance should be sent. So if we are talking about an official, then his decisions are appealed to a superior leader or to a court. If the judicial decision, then depending on whether it entered into legal force or not, the complaint will be named accordingly to the instance to which it is sent.
2
The time and place of appeal, as a rule,are specified in the decision, or it can be found out, having addressed to norms ГПК and АПК the Russian Federation. So decisions of magistrates who have not entered into legal force are lodged with appellate complaints sent to the district courts of cities (requirements for their content are contained in Article 322 of the RF Code of Civil Procedure); The decisions of other courts of general jurisdiction, handed down at the first instance and not yet in force, are lodged with cassation appeals sent to the regional courts (Article 339 of the Code of Civil Procedure of the Russian Federation); all decisions that have entered into force are appealed by filing supervisory complaints (Article 378 of the Code of Civil Procedure of the Russian Federation) to the Presidium of the Supreme Court of the Subject of the Russian Federation, and then to the Judicial Board for Civil Cases of the Supreme Court of the Russian Federation. Appeal complaints against decisions of arbitration courts that have not entered into force are submitted to the arbitration court of the RF subject (Article 269 of the APC of the RF), to cassation appeals entered into force - to the arbitration court of the relevant district (Article 277 of the APC RF). The application for review of the judicial act in the course of supervision in arbitration proceedings is submitted to the Supreme Arbitration Court of the Russian Federation.
3
In any case, in order for the complaint to beaccepted for production, it is necessary to comply with the statutory requirements for its compilation. So the complaint, be it appellate, cassational or supervisory, should contain the following: Introductory part. The name of the court to which the complaint is addressed; name of person submitting Grievance.Main part. A reference to decision court, which is appealed; requirements of the person submitting Grievance and the grounds on which they believe decision The supply part, which must correspond to the powers of the court considering Grievance. For example, the court of general jurisdiction of the cassation instance may leave decision of the court of first instance without modification, revoke it completely or in part and send the case for a new examination, change or cancel decision court of first instance and adopt a new decision etc. (item 361 ГПК the Russian Federation). That is, after the word "I ask" in the cassation appeal, the relevant action of the court is indicated from the list of powers of this instance, which most fully satisfies the applicant's interests. List of evidence attached to the complaint.
4
The key point in drafting a complaint is, of course, giving reasons for what exactly violations are made by the court that issued decision, norms of the law. The decision will be reversed or amended if the court incorrectly determined the circumstances relevant to the case; circumstances that are relevant to the case are not proven; The findings of the court set out in the judgment do not correspond to the circumstances of the case; the court violated the material standards (for example, applied the wrong law) or procedural law (for example, there is no record of the court session).
5
Particular attention should be paid to the designapplications to the complaint. All copies of documents must be certified accordingly, surely enclosed receipts for payment of state duty, copies of the decision appealed. A number of copies of the complaint and attachments to it are sent to the court in accordance with the number of persons participating in the case.
6
Complaints, except for supervisory ones, are sent to a higher authority through a court that has rendered the impugned decision. The court, having received Grievance, redirects it with all the materials of his case to the authority competent to consider it.
7
To the content of the complaint against the decisions of officials, similar demands are made as to the legal complaints (see Chapter 30 of the Code of Administrative Offenses of the Russian Federation).
