If I do not agree with the decision of the World Judge. How appeals the appeal definition of the regional court. How to create an appeal

Appealing the decision of the district court: Terms and order - the procedure is possible, taking into account the relevant regulatory base - Depending on the category of affairs and branches of law. If the district court amounted to a judicial act in a civil case, which does not suit the plaintiff and the defendant, then you need to apply appeal or cassation appeal.

1. Legal basis appeal of decisions of the district instance
2. Procedure
3. Content content

According to its content, the appeal reminds statement of claim. In it, in fact, the claim may be considered in the Supreme (Regional Court) of the Directory of the Russian Federation. Plaintiff, defendant or other interested citizens ( legal entities) may submit new evidenceUnless you prove respect for the reason for the impossibility of submitting such evidence in the world court or district instance. In the cassation appeal, the emphasis is already done on the circumstances of the case, but on the application by the court of material and procedural legal norms.

Legal basis appeal of decisions of the district instance

The reasonable position of the district court, which is produced after the dispute resolution, is expressed in the ruling. The judicial act may be decorated:

• decisions(if the case was considered essentially in the first instance, i.e. when the plaintiff addressed the decision of the dispute for the first time);
• appeal definition - When the district court decided controversial issue According to the arrangement rules. Prior to this, the complaint must be filed through the Judge;
• definitionswhich are accepted during the decision of individual procedural issues, for example, an appeal of evidence to the case, to satisfy the application of one of the decisions of the parties, etc.

When making a decision, the judge of the district instance in the operative part means, for how long the complaint of an appellate, cassation or supervisory character may be submitted. When making decisions, it is important to adhere to the deadlines. They make up:

• 1 month - on appeal, half a year - by cassation and (or) supervisory complaint - for civil cases;
• 10 days- on appeal, 1 year per cassation and (or) supervisory complaints - in a criminal case;
• 1 month - on appealing on CAS RF (usually, when solutions for disputes with state or municipal authorities), 6 months on appeal or complaint in the order of supervision;
• 10 days - To challenge the decision on the administrative case, considered on the Administrative Code of the Russian Federation.

The term begins to be counted from the moment of issuing a solution to the parties in the final form.

Procedure

When appealing the judicial acts of the district court, it is necessary to find legally significant foundations, with a support for which you can defend your position in the regional (regional, republican) court. The foundations may be that the court allowed procedural or other errors, incorrectly applied material or procedural norms.

Prove the basis of appeal and express them in detail in the complaint to the applicant (the plaintiff) and its legal representative or a representative by proxy.

Violation of mandatory norms is expressed in the fact that the court may incorrect to interpret the norms of the Civil Code of the Russian Federation, the Criminal Code of the Russian Federation and others federal laws. The court decision made by the district authority can appeal the party that was directly involved in the case or through a representative. With a complaint to the court subject of the Russian Federation may contact persons whose rights touched the decision of the district court. Such grounds are subject to the establishment of the appellate or cassation court in obligatory. With the impossibility of presence on court session It can be transferred, but only if the reasons for the non-appearance of one of the parties are recognized by the judges of respectful.

Procedure Next:

1. Attentive study of the content of the Decree (decision) of the district court. It is necessary to clearly understand what the plaintiff or the defendant does not agree with the decision; 2. Studying the relevant norms of financial law. The rules for filing a complaint may depend on the branch of law, in which the dispute is considered, as well as from the procedural document.

It is important to identify all violations of the law that perhaps the court of district instance.

3. Substitution definition - Most complaints are issued to the court of the subject of the Russian Federation. Served to the Supreme Court of the Russian Federation. 4. Registration of the application. It is important to comply with its structure, as well as consistently express the circumstances of the controversial situation. 5. Appendix to the complaint of documentswhich are based applicant's claims, a direct visit to the higher judicial instance. Register the complaint against the decisions of the district court follows after obtaining a resolution in the final form. The court may announce the resolution part of the decision - i.e. Denote a specific decision on the case, and the final decision must be manufactured within 5 days from the end of the proceedings in the district instance. It depends on the sectoral orientation of the dispute. If the court decision has not yet entered into force, then the appeal to the court of the subject of the Russian Federation should be issued.

For example, not entered legal force The decision of the Dorogomilovsky District Court should be appealed to the Appeal of the Moscow City Court.

There should also be applied to the cassation complaint - if the court's decision is already beginning to operate.
In the complaint, regardless of its belonging to a certain branch of law, you need to specify:

• The name of the judicial instance, its full address;
• information about all the subjects participated in the trial;
• full details of the solution that is subject to appeal.

Next, the complaint should be entitled. The document needs to describe in detail the circumstances of the case, as well as the foundations, conclusions of the court of district instance, with which the applicant does not agree. When describing it should be referred to norms current legislation. In the spier, you need to accurately designate the request to the court. The complaint should be signed by the applicant or his representative under the law (due to the power of attorney). It will be necessary to attach it. the following documents:

• certified copy of the decision of the district court;
• copies of the applicant passports;
• receipt of payment of state duty - 50% of the amount of duty, charged for a claim in the District Court. The amount of duty can help calculate in the Office of the Court.

The complaint should be served through the District Court, which decided on the case. Appeal, cassation or supervisory complaints are filed personally or through a representative by proxy.

Appeal of the decision of the district court: deadlines and order

The complaint must be taken to consideration within 5-7 days after submission of documents. It can be returned to the applicant or left without movement, as well as the court may refuse to consider the complaint. The grounds for such decisions of the courts are contained in the Codes. So, according to the norms of the Code of Civil Procedure of the Russian Federation in appeals, it may be denied due to passing appeal or filing a complaint with an unauthorized person.

When considering a complaint, the higher court will reconcile documents from the lower court.

The term of consideration of the complaint is 3-6 months and depend on the complexity of the dispute. The law also provides for the application to the district court, if, after the decision taken by him, new circumstances were opened in the case. To prove the presence of such circumstances will also have to the applicant. In difficult situations requiring judicial trialIt is recommended to seek support to a competent lawyer.

It often happens that after the loss in the court gives hands. Or win the first instance, but in appeals can not prove the rightness. Refusing to further appeal, they are deprived of the opportunity to correct a forensic error.

The Moscow City Court is a higher authority in the system of district vessels of the city of Moscow. His exceptional position is due to the status of the city of federal significance.

What if the result of his consideration does not satisfy one of the parties. How to appeal the definition of the Moscow City Court? Let's discuss this question.

Dates of appeal solutions of the Moscow City Court

The right to appeal is provided to participants trial and all interested parties. Also, to express your disagreement with the verdict may be a prosecutor by bringing an appeal presentation.

If you think that the Moscow City Court or the District Court of the city of Moscow issued an incorrect decision, did not take into account all the materials and evidence of the case, is a good reason for challenging the court decision.

For different industries Rights, according to the law, discharged different times for each type of complaint, for example, by civil, criminal or arbitration cases.

In the case of a criminal process:

• The verdict of the Moscow City Court may be appealed for 10 days. For those who are in custody - from the date of delivery of a copy of the sentence, for the rest - from the moment of making a decision.
• The cassation appeal The protection side can be submitted at any time, no limiting period. As for the accused, after 1 year, no victim nor the prosecutor has the right to demand tightening sentence.

On civilian disputes of the Moscow City Court:

• For the appeal allocated the term - 1 month. The start of the period depends on the speed of the decision in full. The court is obliged to produce it no later than 5 days after the meeting.
• Cassation is submitted no later than 6 months. The beginning of the term complies with the date of entry into force of the resolutions. If the complaint is fed to the second cassation instance, this time Not interrupted.
• For the oversight of the appeal period, it is considered 3 months from the date of issuance of the definition Judicial board.

On arbitration:

• For the appeal in the Mosgosuda there is a period of 1 month.
• To appeal the definition made by the appellate instance, is given 2 months.

Legal assistance to appeal by the decision of the Moscow City Court

Operational advice on the phone or in the office of the Bureau

Lawyer by civil Affairs - Help Specialist Solutions of the Mos City Court

Types of complaints of definitions adopted by the Moscow City Court

Until 2012, to appeal against the decisions of the district court, it was possible to submit only a cassation complaint. Moscow City Court could return the case for a new consideration unlimited number in legal instanceWhat led to the tightening of a litigation. Now the Moscow City Court has become an appeal instance. It means that he is obliged to study the case and take the decision on it.

IN judicial procedure Several stages of appeal can be distinguished:

• Appeal. It is necessary through the first instance. From the moment of its adoption of the appeal definition, the court decision comes into force.
• First cassation. This and the following steps of appeal we will look more further.
• Second cassation.
• Supervision.
• Supervision on the submission of the Chairman of the Supreme Court.

In the process of appeal, it is not allowed to jump over one or more steps. For example, immediately after the appeal to apply in the order of supervision to the Supreme Court. This is the principle of "instance".

Where to apply the cassation complaint to the definition of the Moscow City Court

In our city, the cassation instance is the Presidium of the Moscow City Court. At the same time, no matter who the definition was made ( district Court or the Moscow City Court). As a result of consideration, the cassation instance may be issued:

• the complaint is back to the applicant if some errors are allowed when submitting documents;
• renouncement;
• definition about the transfer of the complaint.

The second cassation is submitted to the judicial board on civil cases of the Armed Forces of the Russian Federation. The results of appeal are similar to those that can be obtained at the first cassation.

In case of refusal, you can send a letter to the Chairman of the Supreme Court. The complaint is applied again along with the letter and attached documents.

Note! If the first instance was a district court, you can move to the second stage of the cassation in any case. If the world court, then go to the second stage of the cassation, when it was considered in the first cassation. In case of refusal to further appeal, nothing is impossible.

The procedure for filing a cassation complaint to the Presidium of the Moscow City Court

The cassation appeal differs from the appeal by the fact that it is served directly into the receiving cassation instance - the Presidium of the Moscow City Court. It is considered no longer than one month. If the judge has doubts about the legality of the ruling, he will conquer the case for studying no longer 2 months.

To you, as the applicant, when drawing up a complaint to the Presidium of the Moscow City Court, you must specify:

• the name of the judiciary;
• complete name of the applicant and its status;
• full list of participants in the case;
• summary solutions and a list of all decisions obtained in the process of appeal;
• the list of judicial acts with which you disagree, indicating the reasons;
• the list of requirements that you extend;
• list of documents;
• date and signature.

The judges are suitable very strictly to comply with all formalities. If the text of the cassation appeal will be motivated with reference to legal norms, you can hope for a positive adoption.

Important! The court of cassation checks only your judicial arguments - what violations the laws were committed and how it affected the outcome of the case. It does not need to list all the circumstances of the case that have already been checked in appeals. Otherwise, in response, you will receive an emission of refusal to transfer the complaint.

The procedure for appealing the appeal definition of the Moscow City Court

The algorithm of actions to compile a complaint about the definition of the Moscow City Court is as follows:

1. Fill out the cassation complaint.
2. We apply a copy of the decision of all court instances to the set of documents.
3. We pay a small state duty, the details of which can be found in the reception court or on its website. Original receipts apply to the complaint.

Supervisory complaint to the Presidium of the Moscow City Court

When the applicant intends to fight to the end, he complaints about the supervisory instance. It is responsible for consideration of cases at this stage the Presidium of the Supreme Court - the highest judicial authority. Only the definitions made by the judicial board are considered here.

As supervisory instance He considers such rulings:

• if this case considered the Supreme Court as an appeal or first instance;
• cassation definitions of judicial colleges.

What to do if the deadline for filing a complaint

Often the fact that you missed the deadline for the law, is not critical. By law, the citizen has a chance to restore its rights appeal. To do this, it is enough to submit a petition for the recovery of the term. It will be discussed under the condition that:

• the reasons for the violation of the time frame will be recognized as respectful;
• the time stipulated by law has not expired.

The results of appeal in the Moscow City Court

The need to appeal the solutions of the Moscow City Court is a serious reason to turn to a professional lawyer. All nuances of the procedure are owned only by specialists. In the process, you can encounter a large number of restrictions. So the sooner you attract a person who knows how to appeal judicial acts In the instances of Moscow, the greater the chances of achieving a fair decision.

If one of the parties of the civil process is unhappy with the decision made, i.e. It believes that its right is violated by this decision, or evidence in the case is not fully investigated, or the decision was made with a violation of legislation, etc., such a party has the right to file a complaint about the decision.

The procedure for appealing the decisions of the court, as well as the deadlines for filing complaints in the civil procedure, are regulated by the Civil Procedure Code.

The main rule - complaints are filed with a higher court (more specifically it will be indicated below). In addition, it is necessary to clearly observe the deadlines established for appeal. They are different for each instance and this will also be discussed below.

If the complaint is submitted after the expiration of the statutory period, the court will simply refuse such a complaint and return the documents to the complainant.

However, if the deadline for filing a complaint was missed for a good reason (for example, a disease, a business trip, etc.), the applicant of the complaint may submit a petition to the court on restoring the missed time of appeal. In the event that the Court considers the reason for the passage of really valid, the term will be restored and the complaint has been adopted by the court.

And now we will consider the order and timing of appealing judicial acts in each judicial instance.

Appeal of decisions of courts of first instance (appeal)

The decision of the court of first instance, which did not enter into legal force, is filed with an appeal.

The courts who consider appeals to solve courts of first instance:

However, it should be submitted not to the appeal instance, but directly to the court, which made a decision in the first instance. And this court will independently convey the complaint to the appeal instance along with all the documents of the case.

The deadline during which an appeal may be filed is one month. The appeal period is calculated from the day when the court of first instance was made in full (paragraph 2 of Article 321 of the Code of Civil Procedure of the Russian Federation).

If the complaint submitted the set deadline and said the petition for its recovery, and also did not fulfill any orders, which were indicated in the definition, or if the complaint was incorrect, the court returns a filed complaint without considering it.

Cassation instance

The court decisions, which were adopted with violation of legislation, or violate the rights of one of the parties can be appealed to the cassation instance (exceptions are the decisions of the Supreme Court of the Russian Federation). To this end, one of the parties should file a cassation appeal.

The cassation appeal is submitted to the corresponding cassation court:

• At the appellate definitions issued by the Supreme Court of the Republic, the regional court, the Court of the Autonomous Region (district), or the district court, to enforced labor judicial ordersThe decisions and definitions of district courts and global judges are filed by a cassation complaint to the relevant Presidency of the Supreme Court.
• On the Resolution of the Presidiums of the Supreme Courts, the Appeals Definitions of Supreme Courts appeals is considering the judicial board administrative deeds (according to civil cases) Supreme Court Russian Federation.

In the cassation instance there are the same rules on the return of the complaint, as in appeals instance. If the cassation appeal is framed in improperly, the appeal period was missed, the complaint was filed with a violation of the rules of jurisdiction.

The term for appealing in the cassation instance is six months (paragraph 2 of Article 376 Code of Civil Procedure of the Russian Federation). The term begins to act since the entry into force of the judicial resolution, which is subject to appeal.

Supervisory instance

The Presidium of the Supreme Court of the Russian Federation considers the complaints of persons if their rights were violated by the adopted judicial regulations.

Complaints in the order of supervision are submitted to the Presidium of the Supreme Court of the Russian Federation on:

• adopted in the first instance of the Supreme Courts of the Republics, regional, regional courts, the courts of the Autonomous Region (districts) and the data of the decision were considered on appeal in the Supreme Court of the Russian Federation;
• solutions and definitions of the Supreme Court of the Russian Federation (at the first instance), if they were considered as appealing;
• definitions of the appellate collegium of the Supreme Court of the Russian Federation;
• definitions of the Judicial Board of Administrative Cases (in Civil Affairs) of the Supreme Court of the Russian Federation, made by them on appeal, as well as in cassation.

Complaints in the order of supervision are submitted to the Supreme Court of the Russian Federation. The deadline for submitting such complaints is three months (clause 2 of Article 391.2 of the Code of Civil Procedure of the Russian Federation) from the moment the judicial regulations entarevocably are entucing.

The supervisory complaint is returned by the court in cases where it is framed in improperly, filed by a person who has no rights to be missed, the appeal is missing, the complaint is filed with violation of the rules of jurisdiction.

If the district judicial authority or the global judge is incorporated or unfair from the point of view of one of the participants of the verdict, it can be appealed, for which there is an order determined by the Civil Procedure Code. The one who will serve as an appeal or follow the following actions in the cassation bodies can act as directly the plaintiff or the defendant in civil case and the third person who participates in the process, for example, an authorized representative.

Whatever the circumstances and the essence of the proceedings, the challenge structure is always identical, as well as the conditions for meeting the applicant's claims:

• compliance with certain temporary restrictions on a specific appeal view;
• a clear substantiation of the reasons for the request to cancel or change the court order;
• providing exceptionally reliable and complete information about the participants of the process and offenses by officials;
• the formation of a convincing evidence basis;
• the right choice of instance, where you can turn to appeal the decision of the district or urban court in a civil case.

In this article, we will consider everything regarding order, deadlines and state Structureswhere they consider complaints to understand whether it is possible to protest the ruling at each of the stages.

Instances and timing appeal of court decision

In a simplified form, the system appealing the judicial definitions is a consistent submission of applications to such instations as:

• court of Appeal of the district judicial authority (if it is necessary to refute the decision of the magistrate);
• the court of one of the constituent entities of the Russian Federation (the city of federal, regions, the region, the republic, the autonomous region or the district);
• Judicial Tale of P. civil proceedings SCGD Sun;
• Presidium sun state.

As for the provided for the deadlines for the filing of appeals and cassation, they for each type of appeals their own, and in order not to miss them, it is advisable to consult them in advance from a lawyer, and ideally - to enlist his support before the final settlement of the problem.

How to refute the court decision in a civil case on appeal

Sample appeal for the decision of the district court

After the completion of the process, the plaintiff, the defendant or the third party remain unsatisfied verdict. Especially for such cases russian legislation Sets certain terms and procedure for appealing a court decision, the first stage of which the appeal is becoming a submission of an appeal, which is given 30 days after notifying all participants. In the presence of a good reason, there is an opportunity to increase this period, but this will require additional petition. The countdown is carried out from the day as follows when the participants received information about satisfaction or rejection of claims.

Attention! Until the deadline for accepting court decisions, the decision has no legal force, and, accordingly, the opportunity to get performance list The plaintiff has no.

When drawing up the recipient is indicated higher organBut a complaint is served through the instance that issued a decree, and for 3 working days it is transmitted for its intended purpose. Examined the conversion of the interested party, authorized person It may cancel or change the solution partially either in full. If the deadlines are missing and not restored, then the petition is left without consideration.

Where decisions of the district court appealed at the first cassation stage

Sample cassation complaint about court decision

If the appeal is rejected or satisfied not completely, the question of how to challenge the decision of the court for a civil case in the higher authority and how much time is to resolve formalities. According to legislative standards, the appeal is given half a year, and it is possible to refute both the initial decision and the definition that the appellate authority issued.

Attention! Additionally, it is necessary to submit a special statement with a request to suspend the fulfillment of those who have entered into force acts that you want to challenge.

Having studied the application and the documents applied to it, the servants of the femids can leave one or both of the solutions in force, to cancel some of them or both, as well as to make certain changes in any ruling. In some cases referred to in Article 379.1 of the Civil Procedure Code, in consideration may be completely refused. Most often it happens in the absence of the applicant legal rights For appealing court decisions, violation of the rules of jurisdiction or non-compliance with the established requirements for the content of the document.

For how long one can appeal the decision in the second cassation

If it was not possible to challenge the decision in the edge or regional court, and at the same time the time remained from the law of a 6-month period, then it is necessary to submit a complaint to the judicial panel of the SCGS of Russia. After filing, the document considers one of the servants of the benemis and decides whether to attract the whole structure to business.

Important!Even if the complaint is unabled to consideration, that is, the probability that the chairman of the Supreme Court does not agree with this and will give her a move.

The result at this stage can be:

• necessity cassation consideration and making the competent authority of the official decision;
• refusal to transfer the application for subsequent consideration;
• return without considering essentially due to the delay in time, errors or disorders in the content and attached papers, etc.

At this stage of appeal, only the definition of the first cassation body is studied, respectively, to appeal against the decision otherwise as by referring to the Chairman of the Supreme Court or its substituent is impossible.

Supervisory procedure for appealing the decision of the court

The final stage of resolving the problem of the problem to the Supreme Court of the Russian Federation with a statement within 90 days after the announcement of the decision of the previous instance, and only the definition of the judicial board can be challenged, and not all previous decisions. The reason for refusal to refuse, as in the previous cases, there may be errors in the design and content of complaints and attached documents, incorrect jurisdiction, etc. If the court considers your arguments to be reasoned, then a decision will be made to consider with the subsequent announcement of the decision, and if not, then the complaint will further refuse.

A separate category of appeals of decisions of the district, regional and other courts of the first and second instance is complaints about the head of the Supreme Court, which can be submitted for six months from the date of their submission.

Appeal to the decision of the federal court

In the event that neither of the competent structures did not agree to cancel or correct the decision, there is always able to complain to the European Court of Human Rights, but it is necessary to pre-study the requirements for applications. Preferably contact English or frenchaccurately indicate all names and names judicial bodies, It should also remember that there is only six months from the date of reference to the appeal.

Features of the appeal process

Those who have to deal with challenging procedure, there are many questions not only about the procedural nuances, but also the essence of the process, financial expenses And how to achieve justice. If we talk about the material side of the question, then for each complaint will have to pay 100 rubles to the state treasury, in addition, you may need a lawyer's services in drawing up applications and the formation of an evidence base.

A common misconception that when filing complaints there is a risk of entering "in disfavor" district judgeBut in reality the personal relationship between you does not exist, accordingly, you have the full right to appeal a court decision in a civil case, and you can use it on time. In fact, the task of any judge is to assess the situation in terms of the current legal normsactivov, so that pleasant or dislike almost does not play roles, at least if you competently build tactics of behavior.

When filing complaints, it is necessary to carefully consider the basis for refuting the solution. It may be:

• inexpensive or incorrect interpretation of circumstances;
• violation of legal norms, the non-use of established acts or the use of those not provided for such civil cases;
• incorrect interpretation of laws.

Important!Calling the verdict of the Court solely because of the wrong interpretation of testimony will not work, since the assessment is made on the basis of internal beliefs, which is enshrined by law.

Is it possible to appeal the decision of the court with the cancellation warranty?

Definitely cancel the decision if there was a decision in incomplete composition (for example, without secretary), an uninuncing parties on the time and date of the meeting, the unacciation of interested persons to the proceedings, the lack of signatures of judges or the presence of fake signatures. Also appeals are subject to verdicts with a missing protocol.

Publication date: 2014-08-08
Heading:

After receiving a court decision on a civil case, the client often wondered: what's next? And then the appeal follows - or the defendant complains, or the plaintiff or third parties. If your dispute reviewed the District Court or the World Judge, it means that we are talking About the proceedings, which is governed by the Civil Procedure Code of the Russian Federation. I will tell about him in this article.

Attention! From October 1, 2019 in civil procedural Code RF summit has been made. They, among other things concern the procedure for appealing decisions of civil cases. In this regard, this article is already irrelevant. About the current order - read.

Appeal

Each side, not consistent with the decision given, is given one month to submit an appeal. The term flows from the date of decision-making in, that is, from the day when the judge made it in full.

During this month, the decision is considered not to enter into force. It does not bear legal consequences. Thus, the plaintiff, if the decision is made in his favor, cannot receive an executive list from the court and initiate executive production. In common in such cases is the submission of the complaint with the defendant in the last days The term to further delay the moment of entry into force of the decision.

If after a month, no side declares the appeal, the decision will come into force. However, the law does not prevent appeal and outside the term if the person who declared the complaint will be able to justify.

If the decision took the world judge, the appeal will be considered a higher district court. If the dispute was fascinated by the district court, the appellate instance will be the court of the relevant subject of the federation (regional, regional, republic, etc.).

The appellate court makes a definition that comes into force immediately. Options for consideration of the complaints are:

• leave the decision of the court of first instance without changing, appeals complaint, performance without satisfaction;
• cancel or change the decision of the court of first instance in whole or in part and take a new decision on the case;
• cancel the decision of the court of first instance in whole or in part and discontinue the proceedings or leave a statement without consideration in whole or in part;
• leave the appeal, submission without considering essentially, if the complaint, submission is filed upon expiration appeal appeal And the question of the restoration of this term is not resolved.

If the appellate definition is made in favor of the plaintiff, it may soon receive an executive list.

If you want to appeal judicial decisionBut you have questions - write on or call + 7 499 390 76 96. I, lawyer Vladimir Chikin, is always ready to help you.

First cassation

This is the next stage of appeal. Regardless of where the case was considered on the first instance - at the magistrate or in the district court, the cassation appeal is considering the presidency of the court of the subject of the subject.

To submit a cassation complaint, you must first pass the appeal stage. At the same time, from the date of the appeal definition, no more than six months should pass. Otherwise, the complaint will be denied.

First, the complaint is studied alone the judge. He decides whether to transmit the case for consideration of the presidium or not.

Based on the petition of the party to the complaint, the court of cassation may suspend the execution of the contested judicial acts.

If the case is transferred to the Presidium, the options for the decree may be the following:

• leave the judgment of the court of the first, appeal or cassation instance without a change, cassation appeal, submission without satisfaction;
• cancel Decree of the court of the first, appeal or cassation instance is completely either in part and direct the case for a new consideration to the relevant court. In the direction of the case for a new consideration, the court may indicate the need to consider the case in other judges;
• cancel or change the decision of the court of the first, appellate or cassation and adopt a new judicial orderwithout passing the case for a new consideration if an error is made to apply and (or) interpretation of the norms of material law;
• leave cassation complaint, submission without consideration on the merits if there are grounds provided for in Article 379.1 Code of Civil Procedure of the Russian Federation.

Second cassation

So, if in the first instance, the case was considered by the district court, having received the decision of the presidium of the subject of the subject, could not be applied to the second cassation instance - to the judicial board on civil cases of the Supreme Court of the Russian Federation.

For the appeal, it is important that you, first of all, passed the first stage cassation appeal And, secondly, did not exceed the six-month term for appeal. This period is calculated from the moment the appeal definition is made, but it does not include the time of consideration of the case in the first cassation instance.

To appeal to the decision of the magistrate, one more condition: it must be issued in the first cassation. If the definition has been made, then the appeal process is completed.

The received cassation appeal first examines the judge alone and decides whether to transfer the case to the college. Chairman of the Supreme Court of the Russian Federation or his deputy may not agree with the refusal to transmit and cancel it.

The authority of the judicial board of the Armed Forces of the Russian Federation is the same as the presidency of the subject of the subject.

Supervision

The supervisory instance is the Presidium of the Supreme Court of the Russian Federation. You can turn there, only if the result of the second cassation was the issuance of the judicial board on civil cases of determination.

The deadline for filing a supervisory complaint is three months from the date of the adoption of such a definition.

As in the case of cassation, the decision to transfer the case with the supervisory complaint to the Presidium is made by the judge alone. Refusal of transmission may be canceled by the Chairman or Deputy Chairman of the Supreme Court of the Russian Federation.

The powers from the Presidium are as follows:

• leave the judgment of the court of the first, appellate or cassation instance without a change, supervisory complaint, performance without satisfaction;
• cancel Decree of the court of the first, appeal or cassation instance is completely either in part and direct the case for a new consideration to the relevant court. In the direction of the case for a new consideration, the Presidium of the Supreme Court of the Russian Federation may indicate the need to consider the case in other judges;
• cancel the decision of the court of the first, appellate or cassation instance is completely either in the part and leave a statement without considering or to terminate the proceedings;
• leave one of the trials adopted in the case;
• cancel or change the court decision of the first, appellate or cassation instance and adopt a new judicial decision, without conveying a new consideration, if an error is made to apply and interpret the norms of financial law;
• leave supervisory complaint, submission without consideration on the merits if there are grounds provided for in Article 391.4 Code of Civil Procedure of the Russian Federation.

In conclusion it should be said that not all stages of appeal decisions of courts general jurisdiction Equally effective. This effectiveness falls from the instance to the instance. The chances of consideration of the case in the Presidium of the Supreme Court of the Russian Federation are extremely small. In this regard, in addition to the mechanism of protecting its rights enshrined in the Code of Civil Procedure of the Russian Federation, it is necessary to use European Court According to human rights (read about the order of circulation).

This article It is one of the most sought-after on our site. This once again shows how often citizens are taken for independent decision judicial questionswithout attracting qualified specialists. Such savings turns out to be dangerous, because it is very difficult to cancel the abolition of the decision taken in the case.

If you have any questions about appealing judicial acts, write them below, in the comments. I will definitely answer.