Appealing the decision of the district court: deadlines and order. The procedure for appealing the decision of the district court in a civil case is it possible to appeal the decision of the court on

Calling the decision of the global judge in a civil, administrative or criminal case in the district court. This will be the first - appeal - stage of appeal. Next, the process is similar to the challenge procedure of judicial acts of other courts, providing for the possibility of contacting cassation and supervisory instances.

The procedure and term for the appeal of the decision of the magistrate in civil case, an administrative or criminal case depend on the type of solution - the final or intermediate, adopted during the proceedings. A mansion is a court order, which is not disputed in appeal, and can be either canceled by the global judge, or appealed immediately in the cassation as soon as it comes into force.

Affects the procedure for challenging judicial acts and the type of process. Moreover, it affects first of all - it is necessary to initially be guided by the rules established by the Code of Civil Procedure of the Russian Federation, the Code of the Russian Federation or the Code of Criminal Procedure of the Russian Federation. In each process - its specificity.

World judges consider a relatively small amount of civil cases. These are mainly divorces, sections of property and other property disputes worth up to 50 thousand rubles, as well as cases of recovery on which judicial orders are issued (indisputable recovery of up to 500 thousand rubles).

In the process of consideration of the case, the world judge makes definitions, and according to the result, the decision, ruling or judicial order. There are no special rules for the appeal of judicial acts of world judges - the same as to appeal against judicial acts of district courts adopted by them in the first instance. But given the position of the global judges in the judicial system, the Court of Appeals is the appellate court.

Its specifics appeals have judicial orders, intermediate (definitions) and final judicial acts.

The judicial order can not appeal in appeals. Within 10 days from the date of this, it can be canceled by the World Judge, who ordered. If there was no negative decision on the cancellation of the order of appeal, then a cassation appeal on the basis for all judicial acts is possible.

Interim judicial acts (definitions) can be appealed only in two cases - this is directly provided for by the Code of Civil Procedure of the Russian Federation, or definition blocks the further movement of the case. A private complaint to the district court is applied to the definition. At the same time, there is no need to wait for the completion of the proceedings of the world judge. The appeal of the definitions is given 15 days from the moment they are submitted.

The final judicial decisions of the magistrate appealed on appeal. This can be done if:

• incorrectly defined or not proven to be important for business;
• the conclusions of the court do not correspond to the circumstances of the case;
• the norms of the law (civil law or Code of Civil Procedure of the Russian Federation) are violated or improperly applied;
• the case was considered in the absence of its participant (participants), which were not properly notified of the place and time of the meeting;
• the decision touched upon the rights and interests of persons who were not attracted to participation in the case;
• there is no signature of the judge in the decision, there is no protocol of the court session;
• there are other disorders provided for by Art. 330 Code of Civil Procedure of the Russian Federation.

Addressing an appeal with a complaint, you can ask to cancel or change the appealed judicial act either completely or in some particular part. In fact, the district court revises the case again, therefore the appeal limits are wide enough.

Important nuances:

1. Requirements for the complaint - Art. 322 Code of Civil Procedure of the Russian Federation.
2. The complaint needs to be addressed to the District Court, but to submit to the magistrate, whose solution is appealed.
3. The term of appeal to appeal is one month from the date of adoption of the contested judicial act in the final form.

Please note that the cassation instance can only be referred to as the case was considered in appeal. Exception - judicial orders.

Cassation instance towards the magistrates is the court of the subject of the Federation (regional, regional, etc.). The filing of the complaint is given 6 months from the date of entry into force of the appealed judicial act by virtue. The complaint is supplied directly to the cassation instance, bypassing all the others. You can appeal the judicial act of the magistrate and (or) the appeal decision on it of the district court. The requirements for the content and form of the complaint are defined by Art. 378 Code of Civil Procedure of the Russian Federation.

If the cassation did not give the desired result, you can go further - to file another cassation complaint, but already in the judicial board on civil cases of the Supreme Court. It will not be possible to achieve the desired, only supervision remains. True, the supervisory instance revises the contested judicial acts only in violation of the fundamental legal norms (the Constitution of the Russian Federation, international law) or in violation of the uniformity of the interpretation and application of legislation (clarifications of the Supreme Court of the Russian Federation, the data in the Resolutions of the Plenum or the Presidium).

As a rule, judicial acts of global judges appealed in appeals, many of them, but in a much smaller quantity - in the cassation. In supervision, it is impossible to appeal directly to the decisions of world judges. Only decisions taken on the results of the revision of acts of world judges are disputed here. It is also necessary to take into account that in appeals can be revised not only the decision, but also the case. In the cassation and supervision, only the appealed judicial acts are revised, while violations should be significant.

World judges are authorized to consider various administrative offenses. At the same time, order and, above all, the term of appealing the decision of the global judge on an administrative case is very dependent on what type of violation was the subject of proceedings.

The revision (appeal) of administrative decrees is carried out according to the rules of chapter 30 of the Administrative Code of the Russian Federation:

• Decisions of the magistrate appealed to the District Court.
• The appeal is given 10 days from the date of delivery / receiving a copy of the decision.
• To file the complaint is needed through the Judge. Next, within 1-3 days, it is transferred to the district court along with the case file. If you need to speed up the process, the COAP of the Russian Federation allows you to send a complaint directly to the court, which is authorized to consider it.
• The District Court may cancel the ruling, change it, to revise completely or in part. If the solution changes, it should not tighten the punishment or otherwise worsen the position of the violator. Simultaneously with the abolition of the decision, the case may be discontinued or aimed at a new consideration by the magistrate.

In the future, the decision taken on the complaint may be revised in a higher court. Here acts the same order and dates, as in the initial appeal. The complaint will need to be sent to the court of the subject of the Federation - directly or through the district court.

Appealing sentences and other decisions of the World Judge of Criminal Affairs

For all criminal cases, there is a single procedure for appealing judicial acts provided for by the Code of Criminal Procedure of the Russian Federation. However, the order and term of appealing the decision of the global judge in a criminal case is regulated, in addition to the main norms, the provisions of Art. 323 Code of Criminal Procedure.

The first instance for appealing the sentence or other acts of the magistrate is an appeal. The subject of the complaint can be all the solution in full or some part of it. The civil plaintiffs (respondents) and their representatives, if they are simultaneously the victim or the accused party, can appeal the judicial act only in part of the civil law.

Features of appeal:

1. The only decisions that have not entered into force appealed.
2. Interim decisions on the case can be appealed along the trial, but not all. You can or do not do it - it is determined according to the rules of Part 2 and Part 3 of Art. 389.2 Code of Criminal Procedure. At the same time, in any case, the appeal of the interim act does not suspend the proceedings.
3. Appeals instance for the magistrate - the District Court. But the complaint is filed through the world judge.
4. The deadline for filing a complaint - 10 days from the day the resolution of the sentence or the subsequent judicial act. Condemnants who are detained, consider this period from the moment they are given a copy of such a judicial act.
5. Requirements for the form and content of the complaint - Art. 389.6 Code of Criminal Procedure.
6. The grounds for appeal may be the discrepancy between the conclusions of the court circumstances of a criminal case, substantial violations of the Code of Criminal Procedure or the improper use of the Criminal Code of the Russian Federation, the injustice of the sentence, non-compliance with the pre-trial agreement on cooperation. There are also special foundations that the right to refer to the return of the prosecutor (Art. 237 of the Code of Cross).

In criminal cases, in contrast to other processes, there is a step of repeated appeal. It is only available to the side of protection and the victim. You can contact your appeal, if it was previously considered to appeal at the initiative of another participant in the process. For example, the victim turned to appeal to the appeal, and the decision did not suit the convicted person, he wants the case to be re-examined in appeals and submits the relevant complaint.

After the completion of the appeal phase, the direction of cassation and supervisory complaints is possible. For the magistrate, the cassation instance is the court of the subject of the Federation (regional, regional, etc.). The complaint must be submitted to the cassation, bypassing other instances. In the supervision, the subject of appeal is the legality of the judicial act. Complaints are filed and considered by the Supreme Court of the Russian Federation.

The decision of the judicial chamber may be challenged if it was incorrect. It should be written the appropriate complaint in which we will convincing the fact that the resolution of the previous instance was erroneous.

Call the case can be 2 ways:

• prove the fact of an incorrect solution. For example, appropriate examinations were not carried out, and having evidence were not learned properly, etc.;
• renewing the process on new evidence or requirements.

Read more about what time frames can be appealed to the judicial order of the magistrate, read

Basis

The grounds for challenging the decision of the Court are enshrined in the current legislation of the Russian Federation. Clearly regulates cases when a court decision can be challenged.

The reasons for challenging the decree are as follows:

• incorrectly compiled claim or violation of other procedural rules;
• all the evidence has not been taken to note - the testimony of witnesses, certificates, extracts and various conclusions of specialists;
• the likelihood that the appellate instance made a biased decision, under the influence of external factors.

It is important to accurately determine the reason for the future appeal. E.if you are in doubt which of the above reasons is suitable in your case, you can take advantage of our lawyer who will consider your question individually and prompts the right answer.

What court decision can be challenged?

A clear list of court decisions that may be appealed, legislation does not contain. Contains a ban on appealing some resolutions. This directly depends on the classification of the instance into which the complaint is supplied.

The procedure for appeal, depending on the type of passage:

• the District Court has the right to change the verdict, which was adopted by the World Judge;
• city Court, which has the right to influence the district;
• the judicial instance that decides the decisions of the Civil Court and revises the documentation of previous institutions;
• the Appeals Corporation of the Armed Forces of the Russian Federation is the second instance.

In the relevant list there is no court of first instance, as it dissellites questions regarding business activities.

Who can file a complaint?

And the plaintiff, and the defendant may challenge the decision of the judicial chamber in the civil case. For this, a complaint is submitted, which is divided into 2 types: appeals and cassation. Their direct use depends on the judicial chamber of the first instance and from the actual state of the adopted resolution.

How much is?

To find out how much it costs to challenge the court decision, it is worth familiar with. The cost of complaints ranges from 20,000 rubles to 25,000, depending on the appellate instance.

Submit the statement of claim, follows legal grounds and for all the rules. The document cap should contain the full name of the judicial body and the personal data of the appellant. In the body of the document, a citizen must indicate good reasons for challenging the resolution. Be sure to be the signature of the applicant and his representative.

Time

The answer to the question, for what period you can challenge the court's decision, depends on the type of judicial instance. are an important point in this process. If the submission of the case was carried out after the expiration of the mandatory period, the authority will immediately refuse to consider the ruling and return the documents.

It should be noted that the message of the established period may be for a good reason - a disease, a working trip. In this case, you can submit a petition to restore the missed time.

About how to file an appeal to appeal Read

The deadline for filing an appeal is exactly one month. The term for appealing about the decision of the judge in the cassation instance is six months. In the supervisory instance, the deadline for the appeal is three months.

After the court makes a decision, disagreement may arise from one of the parties. Any participant may be disagreeable and submit an appeal to the decision. Depending on the nature of the case under consideration, the procedure for the appeal may vary. Moreover, because of which it may be necessary to appeal, it may be the most different. Perhaps the fact is that one of the parties believes that its rights are violated or not all the details of the affairs were quite carefully studied.

Depending on who a solution was made, which is questioned and on which the complaint is made in one of the parties, the instance is also distinguished, to which this complaint should be treated.

• If the decision on the claim, which is subject to appeal to one of the parties, was issued by the global judge, then discontent will be sent to the district court, because, according to the law, it is he will consider the appeal and make a decision on this.
• If, during the primary consideration of the case, the district court was engaged in this, then the appeal will be directed already in the regional or regional court (depending on the federal affiliation) or the court of the Autonomous Region or the Supreme Court of the Republic (again, depending on the official name and belonging to the territory in which they develop actions).
• The next instance after the above is the judicial board created to consider civil cases belonging to the Supreme Court of the Russian Federation.
• If at the initial claim, the decision took the board of the Supreme Court, the following is the consideration on the Hierarchy, namely the Appeals Collegium of the Supreme Court of the Russian Federation.

However, it should be borne in mind that the party causing a similar dispute shall submit a document with a request to the secondary consideration of the case not in the authority that will be considered by the consideration, but in the one that initially made a decision on the suit. And that, in turn, will already send a document to the unit that will deal with the collapse of the claim.

Feed order

Like any operation that has official documentary, appeal to the decision of the Civil Court also has formal features, the execution of which is no less important than the content of the document. In the event that one of these rules is not fulfilled, the likelihood that appeal can not get into the instance and get lost or come later than the appointed term.

Feed deadlines

Within 30 days, each party participates in the process, it is possible to file an appeal. The calculation of this month begins from the moment the judge will make a decision in its full size.

It is important that during this month the decision of the court does not take effect, that is, the plaintiff cannot require the fulfillment of the requirements, the execution of which is indicated in the final decision of the court.

Most often, the unhappy side is a lawsuit for appeal at the end of this period, as it helps to stretch the time before the decision is incidental one of the parties. If no appeals from one of the parties arrive during the month, then the decision, respectively, enters into force.

Overdue appeal

However, not all so strictly. If the appeal will be submitted after 30 days, it can also be considered, but only if the unhappy party can provide evidence that there were really weighty force majeages for such a late appeal. However, so that they are taken into account, it is necessary to provide some documents or other evidence.

• Communing for a long time or long distance, confirming these facts is the official documents from the place of work or tickets for transport.
• Hospitalization is also confirmed by documents - discharge from the hospital, where the dates of arrival and extracts will be indicated.
• Technogenic or other natural disasters in the presence of a citizen who submits appeal.

Unregular appeal

The application for discontent with the court decision may not be considered in several cases:

• Incorrect form of filling.
• Submitting a complaint Later than permissible time without presenting documents confirming that the cause is respectful.

Appeal Reactions

The decision taken in an appearance claim comes into effect that, of course, does not prevent the other party to appeal to this decision.

The judicial instance that makes a decision on appeal can take one of several solutions:

• The appeal instance does not accept changes required by appeal, leaving the initial solution unchanged.
• Changing the initial instance solution, partial or complete cancellation of the decision taken at the first claim, and, accordingly, the adoption of the changes that are declared in appeal.
• Deciding on the cancellation, full or partial, decision of the first judicial instance and the purpose of consideration of the appeal.
• Leaving the application without consideration due to improper design of the document, unreasonable complaints or applying to appeal later than the designated period without restoring deadlines.

Stages of appeal

The process of filing appeal is multi-stage.

Appeal

This is the first point in appealing the decision of the court, which was accepted according to the original claim of the plaintiff. Instances that deal with the consideration of the case are higher on the hierarchy at the federal level.

First cassation

This stage is needed by the appeal. He also has a strict temporary framework, during which the Party interested may file a complaint. It must be done for a much longer period, rather than filing an appeal - for six months.

A complaint of this instance is considered initially only the judge personally, and then they decide on the feasibility of transferring a case for further consideration.

The decision is made by the Presidium of the Court of the Russian Federation.

Second cassation

The decision is made at this stage of the judicial board on civil cases of the Supreme Court of the Russian Federation.

In order for this appeal to take place, compliance with several conditions:

• First, it is necessary to go through the first cassation.
• Secondly, from the moment of the decision on appeal, there should be no more than six months, and at this time the time is not included, what business passed on the first cassation.
• Thirdly, the result of the first cassation should be the ruling, and not a definition.

As a rule, the appeal to the second cassation occurs in the event that the party submitted does not agree with the decision made on the first cassation.

The judge also personally checks the case of affairs and decides on the transfer / indemnity of the case for consideration by the Collegium.

Supervision

But even if, after all three points, the citizen is still dissatisfied with the decision and believes that it can make a change in this decision, he can direct the case for the presidium of the Supreme Court of the Russian Federation.

In order to be able to implement this, it is necessary that a definition was made by the second cassation, and a citizen has three months to file appeals.

So, when making a decision on a civil process, any of the parties may be dissatisfied with one or another point of decree. In this case, the decision can be appealed to this month. In the future, the decision on appeal can also be challenged.

The judicial system has a certain procedure for appealing the decision of the district court in a civil case. Decisions of the courts first instance can be challenged during the appellate, cassation and supervisory production, we will discuss this in more detail in our article.

If the dispute was considered in the district court or at the magistrate, this is a discoverement, regulated by the Civil Procedure Code of the Russian Federation. In disagreement with the court decision, the claimant, the defendant or third person has the right to appeal this decision in the manner prescribed by law.

Stage 1. Appeal complaint

The term of appeal is 1 month since the decision of the court decision in the final form. That is, during the month, the decision of the district court is considered not to enter into legal force and does not affect legal consequences. The plaintiff, when deciding in his favor, cannot receive an executive list from the court and transfer it to the bailiffs to initiate enforcement proceedings.
The decision of the court is considered to be entered into legal force if during the month none of the parties stated the appeal. However, the decision can be appealed and outside the term of one month, if the person who has granted a complaint can substantiate respect for the cause of the term.
The appeal is filed through the court, which made an appealed solution, it should be addressed to a higher court - if the decision made a global judge, then the complaint will consider the District Court, in another case - urban, regional, regional, etc.
The result of the consideration of the appeal case is the appellate definition, with which the decision of the court enters into legal force. The following solutions may be options for consideration:

The court may leave the decision of the court of first instance without a change, and the appeal without satisfaction;
- the appellate instance may cancel or change the decision of the district court in whole or in a certain part, and adopt a new decision on the case;
- The decision of the court of first instance may be abolished in fully or in part and the proceedings were discontinued or the statement is left without consideration completely or partially;
- The complaint may be left without considering essentially if the document is filed after the expiration date and the question of the restoration of this period is not resolved by the applicant.

When submitting an appeal decision in favor of the plaintiff, he has the right to receive an executive list in the near future.

Stage.2 Cassation complaint (first)

It is possible to appeal in cassation as a decision of the court of first instance and the appellate definition of either the other immediately. The term of appeal is 6 months from the date of entry into force of the decision of the court of first instance.
Important! The term of 6 months is one for the 2nd, 3rd and 4th stages of appeal, there is no separate period for filing the second cassation.
The cassation complaint is submitted to the Presidium of the Supreme Court of the Regional or Regional Court, the Court of the Republic or the city of federal significance, the court of the Autonomous Region or the Autonomous Okrug. Cassation should not be submitted without passing an appeal instance. Important! In order for the cassation instance to suspend the execution of the appealed by judicial acts, a party to the complaint, it is necessary to send a petition to court.

Options for making a decision on the cassation complaint may have the following values:

The judgment of the court of the first or appeal instance may be left unchanged, and a complaint without satisfaction;
- The decision of the court of the first or appellate instance may be abolished in whole or in part, and the case is aimed at a new consideration in the relevant court, while the cassation instance may indicate the need to consider the case in another court;
- the cassation instance may remain in force one of the trials adopted in the case;
- The decision of the court of first instance or the appellate can be canceled or changed, and a new court decision was made in the case, an error was made in the application and interpretation of substantive norms;
- The cassation complaint may be left without considering essentially if there are grounds provided for by Art. 379.1 Code of Civil Procedure of the Russian Federation.

Stage. 3 cassation complaint (second)

In the second cassation instance, you need to contact if the six-month appeal period is not exceeded and the first stage of the cassation is passed, but the decree of the Presidium of the Subject should be appealing. The cassation appeal is submitted to the judicial board on civil cases of the Supreme Court of the Russian Federation (SCGD of the Russian Federation).
The received cassation complaint primaryly studied by the judge alone, which makes the decision to transfer or not transfer the case to the collegium. At the same time, the Chairman of the Supreme Court of the Russian Federation or his deputy may not agree with the refusal to transmit and cancel it.

Options for consideration of the case on the cassation appeal:

A complaint can be returned without consideration essentially - the appeal period missed, the jurisdiction is broken, the original or a copy (certified notarized) attorney of the representative and another is not attached. In this case, if the appeal period is not missed, the complaint can be submitted by eliminating the violations.
The definition of refusal to transfer the complaint to consider the relevant instance at the court session.
- made a definition about the transfer of a cassation complaint for consideration in the court of cassation and making a decision or determination of the case by this court.

Important! At this stage, it is the definition of the cassation instance that was submitted when considering the complaint. The refusal to transmit complaints to consideration is not appeal. However, when determining the definition of refusal to transmit complaints, the applicant may send a letter addressed to the chairman of the Armed Forces of the Russian Federation or his deputy, which may not agree with the judge and cancel it.

Stage. 4 Supervisory complaint In order of supervision, it is possible to appeal only to the definition of the judicial board on civil cases of the Supreme Court of the Russian Federation, in the event that it was made. Only the definition made according to the results of consideration of the complaint appeals. The supervisory complaint is submitted to the Presidium of the Supreme Court of the Russian Federation, the term for appeal - 3 months from the date of the determination of the SCGD of the Russian Federation of the Russian Federation. The decision to transfer the complaint to the Presidium of the Supreme Court of the Russian Federation is initially accepted by the judge alone. The decision to refuse to transmit complaints to consideration may be canceled by the Chairman of the Supreme Court of the Russian Federation or his deputy.

Options for consideration of the work on the supervisory complaint:

The supervisory complaint can be returned without considering essentially.
- Definitions of refusal to transmit complaints to consider at the court session of the Presidium of the Armed Forces of the Russian Federation.
- The definition of the transfer of a supervisory complaint for consideration and consideration of the complaint to the Presidium of the Supreme Court of the Russian Federation, making an appropriate resolution.

Stage. 5 Supervision on the submission of the Chairman of the Supreme Court of the Russian Federation

This type of appeal is provided for in Article 391.11 Code of Civil Procedure of the Russian Federation. The subject of appeal is any judicial decision made at any stage of legal proceedings. The term of appeal is 6 months from the date of entry into the applied order to force. The complaint is submitted to the Chairman of the Armed Forces of the Russian Federation.

Complaint to the European Court of Human Rights

For citizens of any country, there is such an opportunity as the protection of their rights in the European Court of Human Rights. However, it is worth noting at once that this is not the most effective way - there are no clear criteria for the possibility of appeal, the appeal procedure itself is opaque and the court is very politicized.

With all this, referring to a complaint to the European Court of Human Rights, you need to follow a few simple rules:

The right that was broken should be contained in the Convention on the Protection of Human Rights and Fundamental Freedoms, and this right must be violated by government agencies;
- the case should be made a court decision and appeal definition;
- the term for filing a complaint - 6 months from the date of appeal definition, therefore, a complaint to the European Court of Human Rights, it is recommended to submit simultaneously with appealing the decision in Russian cassation instances;
- It is recommended to write a complaint according to a certain form, the language of paperwork - English, French or country, who is a complaint;
- the complaint should contain arguments that understand the European judges;
- A complaint against the European Court of Human Rights is not subject to a duty.

Russian legislation allows you to revise the decision made by the Justice. This procedure provided for by law is an additional tool in protecting the rights and interests of the sides of the trial. Also, such a norm allows you to control the correctness of the decisions (decisions) of the global court, the competence and the level of its professionalism. When protecting your rights, the person should know where and what time it is to turn. In addition, it is necessary to correctly draw up the appeal of the decision of the magistrate. The appeal sample will be presented in the article.

Who can file a complaint?

Have the right to:

• one of the parties considered by the court;
• other citizens passing on the court case;
• persons who, though not participated in the case, but the court resolved the question regarding their rights and obligations.

The above-listed entities, according to the law, are eligible to appeal to the decision of the magistrate for its revision of the competent substrast instance on appeal. The protest is fed through the link of the system, with the verdict of which an authorized person is not according to.

It is allowed to appeal the decision of the magistrate as completely and in a certain part. The reason for protest is submitted, there may be a violation of the procedure established by the law of legal proceedings, as well as the moment of violation of legislation. In practice, there are cases when the world judge makes a decision on an administrative case, imposing a fine, although a 3-month period established by the law to impose a fine has expired. In this case, you can cancel the prescribed punishment.

Terms of appeal of solutions of world judges

After the verdict in the case is announced, the law is given for another five days to finally legally add it. As a rule, at the time of the announcement of the decision, only the conclusions of the court are drawn up - the operative part. But for the transfer of the case in the office must also be drawn up and the motivation part. From the day following the end of the end of the proceedings, it begins a 30-day term for the possible submission to the revision of the case. However, if an official executing justice indicates a different date to compile a final decision, then the term changes.

How to appeal by correspondence decision?

In the same way and on the same time as a solution during ordinary legal proceedings. But the appeal of the absentee decision of the magistrate is different from his cancellation. If the face wants to cancel the verdict, which was made in this order, he should contact a 7-day term into the body that considered the case with the appropriate request and evidence confirming the impossibility of presence on the trial.