An appeal is a complaint against a court decision that has not yet entered into legal force. If the participant in the trial is dissatisfied with the decision of the court, he has the right to file an appeal with a higher court. An appeal can be made against the decision of any court of first instance, against decisions made by justices of the peace, district, city, republican or regional. As well as decisions made by the Supreme Court of the Russian Federation.
Who is eligible?
The right to appeal under the Code of Civil Procedure of the Russian Federation has only those persons who are direct participants in the trial. The rest of the parties, that is, those who were not participants, can do this only in cases where the court decision in some way affects their personal rights and obligations, and they will be required to substantiate this fact in detail in the text of the complaint.
Appeals are considered by higher authorities, that is, the so-called appellate courts. After consideration, the court decision can be canceled, changed or left unchanged, and the result of such consideration of the appeal under the Code of Civil Procedure is executed as an appellate determination, after which the court decision has already entered into force.
If the decision of the district court is subject to appeal, then this can be done within one month from the day it was adopted. As a rule, at a meeting, the judge reads only the final part of his decision, and the main part of the document is drawn up within five days. At the very end of the meeting, the judge is obligated to announce the date before which the decision must be finalized.
Rules for drafting an appeal
An appeal must be made after a court ruling and receiving it in your hands. This will allow the higher court to understand the logic of this decision, adequately consider it, draw the right conclusions and, if necessary, criticize the circumstances that were previously established by the court. Without a reasoned decision, such an appeal under the Code of Civil Procedure cannot be considered substantive.
There are cases when the court delays the preparation of the decision, and then it makes sense to draw up a short complaint that formally takes into account all the requirements that are presented to it, but it cannot contain a more complete and competent justification of its position by the applicant. This is done so that the deadline for filing an appeal under the Code of Civil Procedure and for appealing against it is not missed. And only after that it will be possible to draw up an additional appeal, which will contain a complete and clear justification of the main positions of the applicant.
By 322 Art. GIC appeal must in its content meet certain requirements
It should contain the name of the court to which it is going to be submitted, the applicant’s full name, the address of his permanent place of residence, where the court will be able to send notices indicating the date and time of consideration of the appeal under the Civil Procedure Code.
In order for the court to have no reason to accept the appeal for some other document, its name must be clearly indicated in it, as well as the decision of the court to be appealed, the date of such a decision, and the name of the court that issued it. By the way, a sample of the appeal under the Code of Civil Procedure is presented. In addition to all the necessary data, it should clearly describe the requirements of the plaintiff.
Narrative of appeal
In the narrative, the plaintiff must correctly state all the reasons for which he does not agree with the court decision and the facts why he considers his findings to be incorrect. Here you can simply describe on what grounds the court decision was recognized by the applicant as unlawful and subject to cancellation or amendment. Article 330 of the Code of Civil Procedure of the Russian Federation lists some reasons for canceling a court decision, and they can be taken as a basis for drawing up the narrative of the appeal on the Code of Civil Procedure. If any reason described in this source fits the description and essence, you need to supplement it with a description of the specific situation, taking into account the real circumstances of this civil case.
What not to do?
The appeal does not need to indicate the decision made by the court, since it already exists in the case and the judges will familiarize themselves with it. This will be superfluous information cluttering up the text of the complaint itself, which will only complicate familiarization with it. The narrative should be concise and specific, and it is desirable that it be placed on no more than three pages of printed text.
The requirements specified in the appeal
After the narrative of the complaint, its text should list all the requirements that the applicant can provide. They should not be arbitrary - it is necessary that such requirements clearly correspond to the powers of the court that will consider this complaint. Article 328 of the Code of Civil Procedure of the Russian Federation contains a list of such requirements, and it would be better if the applicant draws up an appeal under the Code of Civil Procedure.
The appeal may include the following requirements:
- Complete cancellation of the decision made by the court of first instance and adoption of a new decision in this case.
- Partial cancellation of the decision made by the court of first instance and adoption of a new decision in this case.
- Changing the decision made by the court of first instance, either in a specific part or in full, and adopting a new decision in this case.
- Cancellation of the decision in full and termination of court proceedings.
- Partial cancellation of the decision of the court of first instance and termination of court proceedings in this part.
- Leaving the application without consideration - partially or completely.
In cases where it is necessary to make a decision on partial cancellation of a court decision or its amendment, the complaint should indicate which part of the court decision the applicant is dissatisfied with and wants to appeal against.
Documents required as an appendix to the appeal
After the appeal contains all the requirements of the applicant, it is necessary to list all the documents that are attached to such a complaint, and also attach copies of it. In addition, the receipt of payment of the state fee must be attached to the appeal, except when the applicant is exempted from it. No further documents need to be attached to the complaint, as they are already available in the materials of this case.
In cases where there is a need to attach any evidence of an additional nature that, for whatever reason, was not submitted or was rejected, then in such cases it will be necessary to draw up a petition for them. The application is presented in the text of the document, or may be executed separately.
At the end of the complaint, the applicant writes the date the complaint was made and puts a personal signature.
Law Complaint Process
The Code of Civil Procedure of the Russian Federation on the filing of an appeal says the following - it is filed through a court in which a specific civil case was examined, and the judge of that court must independently decide whether it is possible to accept such a complaint. More details about this are written in article 325 of the Code of Civil Procedure of the Russian Federation. This judge then submits the civil case together with the appeal to the court, which will further deal with it.If the applicant sent the complaint immediately to such a court, it will be returned to the authority in which the decision on the civil case was approved so that the necessary amendments would be adopted.
Can I extend the appeal deadline?
As already noted, the time period for the filing of an appeal under the Code of Civil Procedure of the Russian Federation seems possible should not exceed one month from the moment the court makes the decision. In cases where the deadline for appeal has been missed, the applicant may petition the court for an extension and at the same time appeal.
What to do if a complaint is returned?
After the applicant has filed an appeal, he must wait until the time when it will be accepted. If the complaint is accepted, he will receive a notification that the case has been submitted to the court of appeal. Sometimes it happens that the complaint is not accepted, and in this case, its completion is necessary. If the appeal is returned to the applicant, he must familiarize himself with the grounds in connection with which this happened, either file it with another judicial authority or restore the deadlines.
The court of appeal sometimes makes a decision that will coincide with the decision made by the body of first instance, but this is only possible if the only violation will be improper notification of persons participating in the case.
Dates allocated for consideration of civil cases in courts of appeal
The court considering the appeal shall act within the limits of the arguments set forth in it. As well as objections to this complaint of various kinds of submission.
The court must also evaluate the evidence presented in this civil case, basic and additional, if any. Additional evidence will be accepted by the court only if the person who is involved in the process has correctly substantiated the reasons why it was impossible to provide them for consideration by the court of first instance. And if the court decides that such reasons were valid, additional evidence will be considered. In cases where only part of the judgment is subject to appeal, then this evidence should relate to that part.
The court dealing with the appeal has the full right to fully verify the decision of a lower court, and this is done in the interests of legality and justice.