The appeal against the decision of the justice of the peace is considered only if it meets a number of requirements. GIC affects both external aspects and content. Features has a process of preparation and review of judges of the peace.
World justice
Justices of the peace are appointed by the representative bodies of the subjects. Their status is almost the same as that of the judges of the other courts. The term of activity is limited to 5 years, which can be extended until the specialist reaches the age limit for work in the position.
The task of the justices of the peace is to disassemble simple, petty cases. According to statistics, they account for up to 30% of the number of cases considered. Procedural codes provide an exhaustive list of cases within the competence of justices of the peace.
There is one peculiarity in the work of justices of the peace - they have the right not to draw up a decision in full with a motivation part if a statement is not received from the parties within 3 days. Skipping the deadline for an application effectively deprives the right of a full appeal. After filing the appeal, the judge will be required to draw up a full decision, and how successful the complaint is is a big question.
Who is entitled to apply?
The parties to the process have the primary right of appeal: the plaintiff and the defendant. Third parties also possess it. The right of appeal is also given to other persons whose interests are affected by a judicial act, but for some reason not involved in the judicial process.
Such persons in the appeal against the decision of the justice of the peace must indicate the reasons for considering the judicial act to affect and violate their rights and interests.
Where to send documents?
The appeal against the decision of the justice of the peace is submitted to the same judge. It is in its competence to verify the readiness of the application for consideration. If, in his opinion, she does not comply with the law, he leaves her without movement. The author of the complaint has the right to appeal the relevant determination.
If the documents are in order, the judge will send copies of the complaint to all parties to the dispute, and they will be given time to draw up and send a response. The review shall be submitted to the court of first instance. Then the materials after the deadline for filing a complaint (one month) are transferred to the district court.
Sending papers immediately to the court of appeal will only delay the process, the material will still be transferred to the first instance, in our case, to the justice of the peace.
Compilation rules
What must be indicated?
- name of the district court;
- information about the parties (full name, patronymic, last name);
- place of residence;
- Information about the court decision complained of;
- violations of substantive and procedural law that occur in the case, according to the applicant;
- court requirements;
- inventory of attached documents;
- receipt of payment of state duty;
- signature and filing date.
Using complaint examples
The sample appeal against the decision of the justice of the peace is interesting for someone who has never applied to the court with such a request. The example shows how to build a document and fulfill the requirements of the law. They are also used by professional lawyers.
At the same time, a sample appeal against a magistrate’s decision may serve poorly. For example, in order for a judge to have the right in his decision to rely on a violation not seen by the applicant, it is advisable to indicate in the complaint a complete disagreement with the judicial act. The judge must verify it as part of the complaint. Going beyond them is allowed for exceptional violations.
Violations of law
Procedural law - the rules of the Civil Procedure Code, which the court applies when considering a dispute. For an alimony appeal against a justice of the peace, substantive law is the Family Code.
Violations formally divided into two groups are closely related. For example, a refusal to accept evidence or a refusal to appoint an examination equally leads to an incorrect court decision.
In cases of alimony, the provisions of the laws on the share of permanent earnings and on a clearly specified amount are also taken into account. The duty of the court is to examine the financial situation of the parties.
In appeals against the decision of the justices of the peace on alimony, citizens note the refusals of the judges to accept the presence of other children or people who need additional help (elderly parents).
State duty amount
For the appeal against the decision of the justice of the peace, the state duty is paid in the amount of 50% of the amount paid before filing the claim with the court of first instance.
Code of Civil Procedure permits the court to defer payment of the fee, install it or release the plaintiff from payment in case of financial distress. An application for exemption from duty to pay a fee is filed with the court. It is desirable to file it with the lawsuit, otherwise the application will automatically be left without movement. Income certificates are being studied.
If the interests of a citizen are represented by a prosecutor or a government agency, then the fee is not paid.
Decision court
The direct hearing of the appeal against the decision of the justice of the peace is conducted by the district judges. The process is conducted by one judge. A college of 3 people is not provided. For the rest, the review procedure is no different.
Powers of Appeal
The peculiarity of the second instance proceedings in ascertaining whether there were any violations of the rule of law, whether the court correctly determined the circumstances that matter, and evaluated them. At this stage, there is still a chance to achieve a review of the case due to an incorrect assessment of the facts. In the cassation, this can no longer be done.
The filing of an appeal against the decision of the justice of the peace ends with the following results:
- upholding the decision;
- the cancellation or amendment of the decision in part or in full and the adoption of a new one;
- full or partial cancellation without modification;
- leaving the application without consideration if the issue of restoring the time limit for appeal has not been resolved.
The plaintiff has the right to ask for any option that he considers necessary for himself. The court will resort to the option corresponding to the law, in his opinion.
Finally
The Magistrates Court considers massive, but not complex cases. Appeal of decisions based on them is organized in the same way as in the case of district courts. Exceptions are made to simplify the procedure. Without submitting an application for a full decision, the party will not be able to appeal it. So, the case is reviewed by one judge, not the board.