Magistrates act in the Russian civil procedural legal field as a first-level judicial authority, and their decisions, if necessary, can be appealed in the manner prescribed by law. Exist individual features appeals against decisions made by such judges and strictly regulated requirements for this process.

Table of contents:

Appellate authority for appealing decisions of magistrates

Any of the parties involved in the case, the decision on which has not yet entered into force, has the opportunity to appeal against the decision of the magistrate. legal force. That is, both plaintiffs and defendants and any other parties to the proceedings can appeal. An appeal can be filed either in the absence of agreement with the judge’s decision as a whole, or with its individual points. The procedure for filing an appeal is established by Art. 320 Code of Civil Procedure of the Russian Federation and Art. 320.1 Code of Civil Procedure of the Russian Federation.

The legislation clearly establishes the time limits allotted for appealing a court decision - these are in effect within a month after the immediate decision is made with the exception of individual cases provided for by specific articles of the Code of Civil Procedure RF. Jurisdiction appeal submissions and complaints regarding decisions made by magistrates fall under the jurisdiction of district courts.

Important fact

The complaint can be submitted either directly through the magistrate, who made the corresponding decision, or directly to the appellate instance, however, from there they will still be sent to the above-mentioned magistrate, whose rules of action are provided for by the provisions of Art. 325 Code of Civil Procedure of the Russian Federation.

Procedure for justices of the peace after receiving a complaint or presentation

The judge who made the decision is independently obliged, if the received submission or complaint complies with the standards established by law, to send copies of the above-mentioned documents and all appendices to them to the participants in the case.

At the same time, after familiarization with such documents, the persons involved in the case may submit written objections to the magistrate for consideration, attaching documents supporting them in an amount equal to the number of all persons participating in the proceedings. Each person involved in the case has the inalienable right to familiarize himself with all of its materials, including the texts of complaints, proposals, objections and attachments to them.

The case and complaint are forwarded for consideration to the district court at the moment of expiration of the period established for appeal, and cannot be done before its end.

Until the district court issues an appeal ruling, the complaint or presentation may be withdrawn by the applicant at any time, after which the corresponding proceedings in the appellate instance are terminated, and the possibility of a subsequent appeal is completely excluded.

Procedure for appealing a decision made by a magistrate

Filing an appeal against a decision made by a magistrate is strictly provided for by law form, which is regulated by the provisions of Art. 322 Code of Civil Procedure. Thus, in the complaint in mandatory must be present:

Important fact

If the procedure for drawing up or filing a complaint is violated, the magistrate has the right to return it to the applicant with justification for such return and set new deadlines for correcting errors in the documents. In this case, re-payment of the fee is not necessary.

Is it possible to appeal a court order?

Some cases considered by magistrates, for example, concerning the execution of transactions certified in notarial procedure, may not require full-fledged judicial trial, but provide for the direct issuance of a court order, on the basis of which it can subsequently be initiated enforcement proceedings. The most common case of magistrates issuing orders is in situations regarding payment when there is no need.

Despite the quick deadline for issuing a court order, it can also be appealed in accordance with the procedure established by law. In this case, the time frame for such an objection may be shorter than in the case of a full cancellation or change of the decision of the magistrate. They are ten calendar days from the moment of direct receipt of the court order by the person obliged to execute it.

In some cases, due to delay postal items or with the impossibility of a person receiving a court order, the total period for filing an objection to it may be longer than in cases of filing an appeal against a court decision.

Filing an objection in itself cancels the effect of the court order, and the objection itself is drawn up in the form established by law. At the same time, the determination of the cancellation of a court order does not mean the termination of claims against the person who sent the objections. It only means the need for subsequent settlement of disputes that have arisen in judicial procedure by filing a statement of claim and starting a full-fledged trial.

Important fact

If according to court order enforcement proceedings were initiated, but the order itself was not received by the defendant, then he may receive this document from the magistrate, after which he will have a ten-day period to file an objection. Filing an objection in this case cancels the enforcement proceedings and all related claims against the defendant, which can subsequently be resumed during legal proceedings.

The current legislation of the Russian Federation provides for a procedure for protecting the rights of citizens, including those who participate in legal proceedings. Upon receipt of a decision from judiciary, a citizen can protest it and file an appeal.

We'll tell you about all the nuances and important issues regarding the appeal procedure.

Who can appeal the decision of the magistrate?

Citizens can file a complaint against a judge's decision...

1. who participated in trial, no matter from which side they participated - from the defendant or the plaintiff.
2. whose rights were affected during the trial and the decision was not made in their favor, in violation of their legal rights and interests.
3. Who did not participate in the trial, but they were involved in the case. In such cases, as a rule, his legal representative or lawyer acts for the citizen.

This mechanism allows Russians to contact the authorities that control certain parts of the judicial authorities.

Please note that you can appeal the decision in full or even in part!

Procedure for appealing the decision of the magistrate - step-by-step instructions

It is quite simple to appeal a decision of the judicial authorities if you follow the instructions.

You need:

Stage 1. Collect a documentation package

As a rule, documents include not only personal papers, but also evidence that confirms that you are right in this matter.

Stage 2. File an appeal

You can write an application yourself or seek help from a lawyer.

The application must indicate the reason for your appeal, as well as briefly but clearly state your requirements and evidence of the incorrectness of the decision.

Stage 3. Determine the authority and submit an application

If you appealed to the justices of the peace, then the complaint is filed with the city/district court.

When appealing to a city/district court, the complaint is sent to the regional authority.

Step 4: Receive Notification

When submitting an application, you must receive a receipt from the secretary confirming your appeal and filing of an appeal.

The specialist must put the date of acceptance and signature on the document.

When applying, you must be informed whether the state tax is paid or not.

If yes, then details will be provided to which funds will need to be transferred. After paying the state fee, be sure to keep the receipt. Provide a copy to the court, and keep the original as proof.

Stage 6. Wait for the call to the court hearing

As a reminder, if you are unable to appear on the scheduled date, or your lawyer is unable to appear, you should send a written explanation and ask to reschedule the hearing - or indicate that the proceedings will proceed without your participation.

The reason for absence must be valid!

The deadline for filing an appeal against a decision, a ruling of a magistrate - is it possible to restore the right to appeal after its end?

It takes approximately 5-7 days to complete the documents from the date of the last meeting. After this, you can apply to the court for a ready-made ruling.

Once you receive the decision, you can file a complaint. It is impossible to do this without a decision made and received by you.

You can file an appeal within different time frames, depending on the type of case:

1. 10 days are allocated for those who file a complaint in an administrative or criminal case.
2. 30 days are “given” to those who file an appeal civil case.

Russian legislation allows a decision made by a magistrate to be reviewed. This procedure, provided for by law, is an additional tool in protecting the rights and interests of the parties to the proceedings. Also, such a norm allows you to control the correctness of the decisions (decrees) of the magistrate’s court, the competence and level of its professionalism. When protecting their rights, a person must know where and when to apply. In addition, it is necessary to correctly draw up an appeal against the decision of the magistrate. A sample appeal will be presented in the article.

Who can file a complaint?

The following have the right to do so:

• one of the parties to the case considered by the court;
• other citizens involved in a court case;
• persons who, although they did not take part in the case, the court decided on the issue regarding their rights and obligations.

The above-mentioned entities, according to the law, are entitled to appeal the decision of the magistrate for its review by a competent higher authority on appeal. The protest is submitted through that link of the system, with the verdict of which authorized person don't agree.

It is possible to appeal the decision of the magistrate either in full or in a certain part. The reason for filing a protest may be a violation of the legal procedure established by law, as well as the moment of violation of the law. In practice, there are cases when the magistrate makes a decision on administrative matter, imposing a fine, although the 3-month period established by law for imposing a fine has expired. In this case, you can cancel the imposed punishment.

Time limits for appealing decisions of magistrates

After the verdict in the case is announced, the law gives another five days to finalize it legally. As a rule, at the time the decision is announced, only the court’s conclusions are drawn up - the operative part. But in order to transfer the case to the office, a motivational part must also be drawn up. From the day following the end of the proceedings, the 30-day period begins to count for the possible filing of a petition for reconsideration of the case. However, if executive, administering justice, indicates a different date for drawing up the final decision, then the deadline changes.

How to appeal a default judgment?

In the same way and within the same time frame as a decision in ordinary legal proceedings. But appealing a magistrate's decision in absentia is different from canceling it. If a person wishes to annul a verdict rendered in this manner, he should contact the body that considered the case within 7 days with a corresponding request and evidence confirming the impossibility of attending the trial.

Appealing the decision district court: timing and procedure - the procedure is possible taking into account the current regulatory framework– depending on the category of the case and the branch of law. If the district court has drawn up a judicial act in a civil case that does not suit the plaintiff and defendant, then you need to file an appeal or cassation appeal.

1. Legal basis for appealing decisions of the district court
2. Procedure
3. Contents of the complaint

In its content, the appeal resembles a statement of claim. In it, in essence, the claim can be considered anew in the supreme (regional court) of a constituent entity of the Russian Federation. Plaintiff, defendant or other interested citizens ( legal entities) can present new evidence, unless they prove valid reasons for the impossibility of presenting such evidence in the magistrate’s court or district court. In a cassation appeal, the emphasis is no longer on the circumstances of the case, but on the application by the court of substantive and procedural legal norms.

Legal basis for appealing decisions of the district court

The reasoned position of the district court, which is developed after resolving the dispute, is expressed in a resolution. Judicial act can be formatted as:

• resolutions(if the case was considered on the merits in the first instance, i.e. when the plaintiff applied for a resolution of the dispute for the first time);
• appellate ruling– when the district court decided controversial issue according to the rules of appeal. Prior to this, the complaint must be made through a magistrate;
• definitions, which are adopted in the course of resolving certain procedural issues, for example, on the attachment of evidence to the case, on satisfying the petition of one of the litigating parties, etc.

When making a decision, the district judge in the operative part indicates within what period an appeal, cassation or supervisory appeal can be filed. When appealing decisions, it is important to adhere to the deadlines. They are:

• 1 month– for an appeal, six months – for a cassation and (or) supervisory appeal – for civil cases;
• 10 days– for appeal, 1 year for cassation and (or) supervisory complaints- in a criminal case;
• 1 month– for an appeal under the CAS RF (usually when decisions on disputes with government or municipal authorities), 6 months for an appeal or complaint under the supervision procedure;
• 10 days– to challenge a decision in an administrative case considered under the Code of Administrative Offenses of the Russian Federation.

The period begins to count from the moment the decision is issued to the parties in final form.

Procedure

When appealing judicial acts of a district court, you need to find legally significant grounds on which you can defend your position in a regional (territorial, republican) court. The grounds may be that the court made procedural or other errors or incorrectly applied substantive or procedural rules.

The applicant (plaintiff) and his legal representative or representative by proxy must prove the grounds for the appeal and set them out in detail in the complaint.

Violation of mandatory norms is expressed in the fact that the court may misinterpret the norms of the Civil Code of the Russian Federation, the Criminal Code of the Russian Federation and others federal laws. Judgment, issued by the district court, can be appealed by the party that was directly involved in the case or through a representative. You can file a complaint with the court of a constituent entity of the Russian Federation persons whose rights were affected by the decision of the district court. Such grounds are subject to mandatory establishment by the court of appeal or cassation. If it is impossible to attend a court hearing, it may be postponed, but only if the reasons for the failure of one of the parties to appear are recognized by the judges as valid.

The procedure is as follows:

1. Careful study of the contents of the resolution (decision) of the district court. It is necessary to clearly understand what exactly the plaintiff or defendant does not agree with the decision; 2. Study of the relevant rules of substantive law. The rules for filing a complaint may depend on the branch of law in which the dispute is being considered, as well as on the version of the procedural document.

It is important to identify all violations of the law that were committed by the district court.

3. Determination of jurisdiction– most complaints are filed in the court of a constituent entity of the Russian Federation. served in Supreme Court RF. 4. Filling out an application. It is important to follow its structure, as well as to consistently present the circumstances of the controversial situation. 5. Attachment to the complaint documents, on which the applicant’s claims are based, a direct visit to a higher court. A complaint against a district court decision should be filed after receiving the decision in final form. The court may announce the operative part of the decision - i.e. indicate a specific decision on the case, and the final decision must be made within 5 days from the date of completion of the proceedings in the district instance. It depends on the industry focus of the dispute. If the court decision has not yet entered into force, then you need to file an appeal with the court of the constituent entity of the Russian Federation.

For example, a decision of the Dorogomilovsky District Court that has not entered into legal force should be appealed to the Moscow City Court.

A cassation appeal should also be filed there - if the court decision has already begun to take effect.
The complaint, regardless of its affiliation with a specific branch of law, must indicate:

• Name court, her full address;
• information about all subjects who took part in the trial;
• full details of the decision that is subject to appeal.

Next, the complaint should be titled. The document must describe in detail the circumstances of the case, as well as the grounds and conclusions of the district court with which the applicant does not agree. When describing, reference should be made to the standards current legislation. In the petition part, you need to clearly indicate the request to the court. The complaint must be signed by the complainant or his representative by law (by virtue of a power of attorney). It will need to be attached the following documents:

• a certified copy of the district court decision;
• copies of the applicant's passports;
• receipt of payment of state duty – 50% of the duty amount levied for a claim in the district court. The court office can help you calculate the amount of the fee.

The complaint must be filed through the district court that decided the case. Appeal, cassation or supervisory complaints are filed in person or through a representative by proxy.

Appealing a district court decision: deadlines and procedure

The complaint must be accepted for consideration within 5-7 days after the documents are submitted. It may be returned to the applicant or left without action, and the court may refuse to consider the complaint. The grounds for such court decisions are contained in the codes. Thus, according to the norms of the Code of Civil Procedure of the Russian Federation, an appeal may be refused due to missed deadlines for appeal or filing a complaint by an unauthorized person.

When considering a complaint, a higher court requests documents from a lower court.

The period for consideration of a complaint is 3-6 months and depends on the complexity of the dispute. The law also provides for filing an application with the district court if, after an earlier decision, new circumstances have emerged in the case. The applicant will also have to prove the existence of such circumstances. In complex situations requiring litigation, it is recommended to seek the support of a competent lawyer.

Appealing decisions of magistrates

The cost of appealing a decision of the magistrate's court - from 25.000 rub.

RIGHT OF APPEAL

If you think that solution(definition) made magistrate is illegal and does not meet your interests, then this decision or determination can and should be appeal. The Law Office of Sergey Ivanov will help its Clients appeal decisions world courts.

According to Art. 320 Civil procedural code RF, decisions of magistrates adopted as in the court of first instance, but which have not entered into force, may be appealed by the parties to the case and other persons participating in the case to the relevant district court through magistrate who made the decision.

Deadline for filing an appeal

Appeal for a decision Magistrates' Court can be filed within a month from the date of acceptance magistrate decision in final form, unless other deadlines are established by the Code of Civil Procedure of the Russian Federation.

In practice it looks like this.

Let's say December 7th took place court hearing, in which the magistrate made a decision not in your favor and announced only the operative part of the decision (court conclusions) You have decided to appeal the decision.

According to Art. 107 Code of Civil Procedure of the Russian Federation, countdown of 30 days for filing appeal, must be calculated from the next day after acceptance magistrate decisions in final form.

Compilation decisions in final form(with a descriptive motivational part) must be completed within five days from the date of completion court session.

It means that deadline for filing an appeal begins to flow from the day your case is submitted to the office of the magistrate’s court, if the decision itself does not indicate date of production of the solution court in final form.

So, the decision on the case in final form was made on December 12 and then the case was handed over to the office, which means that until January 12 inclusive, you have the right file an appeal for a decision justice of the peace.

Procedure for filing a complaint

Right appeal can be implemented subject to certain conditions. According to Art. 322 Code of Civil Procedure, appeal must contain: name district court, to which the appeal is addressed; the name of the person filing the complaint, his place of residence or location; an indication of what you want appeal the decision of the magistrate; arguments of the appeal; request of the interested person; list of documents attached to the complaint.

I would like to note that a complaint can be filed against magistrate's decision, both in whole and in part, i.e. in case of disagreement or with motives decision taken or with the conclusions of the court.

We draw your attention to the fact that in appeal requirements cannot be contained previously stated V statement of claim magistrate.

Appeal signed by the person filing the complaint or his representative. TO appeals, filed by a lawyer or representative, must be accompanied by a power of attorney or other document certifying powers of the representative, if there is no such authority in the case.

Also, do not forget that appeal Attached is a document confirming payment state duty , if the complaint is subject to payment upon filing. IN general procedure the amount of state duty is for individuals 100 rubles, for organizations 2000 rubles. However, for some categories of citizens specified in Article 333.36 Tax Code RF grounds are provided for exemption from state duty