An appeal or representation against decisions made by the court but not entered into legal force shall be submitted through the authority that accepted them. This provision is recorded in Art. 321, part 1 of the Code of Civil Procedure. Next, consider the deadline for filing an appeal established by law. 
General order
Filing a submission (complaint) directly to the court of appeal is not considered a basis for returning the application. According to the provisions of Article 321 of the Code, such appeals are to be sent with a cover letter to the authority that issued the impugned act. This is reported to the complainant.
Deadline for appeal (submission)
The legislation establishes a period during which you can send a claim for an act adopted, but not entered into force. The deadline for filing an appeal is calculated from the date following the day on which a reasoned decision is made. That is, the period begins with the adoption of the decision in final form. This provision is provided for in Art. 109 GPC. The time limit for filing an appeal shall end on the corresponding day of the month following. This rule is present in Art. 108.
Mailing
It will not be considered that the deadline for submitting an appeal has been missed if it was delivered to the post office before 24 hours on the last day of the period prescribed by law. In this case, the date of dispatch is determined by the stamp on the envelope, the receipt confirming the receipt of registered mail, or other paper certifying the fact of dispatch (copy of the registry, certificate of communication, and so on). These rules apply to claims directed directly to the court of appeal. 
Shortened period
It is provided for a certain category of cases. Thus, the reduced time limit for filing an appeal is set to challenge acts relating to the protection of suffrage and the legal opportunity to participate in referenda of citizens of the Russian Federation and issued during campaigns before election day. The period during which it is possible to challenge the adopted decision in this case is 5 days.
Reinstatement of timelines for appeal
A person who for some reason did not exercise the right to challenge the decision may apply. In its application for the restoration of the appeal deadline, it should explain why it could not realize its opportunity earlier. Together with this petition, a claim must be sent to the adopted resolution, which meets the requirements of Art. 322. It should be noted that a request to restore the time limit for filing an appeal may be contained directly in it.
Important point
It should be noted that in the case when an appeal is filed against a judicial act and the question of restoring the term has been raised, it is necessary to adhere to a certain procedure for considering this petition and claim. So, first of all, the issue of resuming the period of contesting the decision is being decided. After that, the claim itself is considered directly. If the reasons why the person could not exercise his right are found to be disrespectful, the applicant will be refused the extension of the time limit for filing an appeal. According to Art. 324, part 1, paragraph2 claim will be returned to the sender after the relevant determination comes into force. 
Procedure for the proceedings of the application
An application to return the deadline for appeal is considered in the first instance. The rules for the proceedings of the application are given in Art. 112. At the same time, persons interested in the case must be notified of the place and time of the meeting. The absence of any of the participants will not be considered an obstacle to the consideration of the application. The first instance shall return the deadline for filing an appeal if it recognizes the reasons why the person did not exercise his right, respectful.
Admissible circumstances
Good reasons why a citizen missed the deadline should include:
- Circumstances directly related to the identity of the applicant. In particular, it can be illiteracy, a state of helplessness, a serious illness, and so on.
- The receipt by the participant who was absent from the meeting of a copy of the decision at the end of the dispute, or when the time until it is completed, is clearly not enough for a detailed review of the materials and preparation of a reasoned complaint.
- Failure to explain by the authorized person of the first instance the procedure and the period during which the claim can be sent. This is a violation of Art. 198 (part 5) and Art. 193.
- Non-observance by the court of the period during which it is allowed to postpone the preparation of a reasoned decision or copies of the adopted act must be sent to parties to the case who were not present at the hearing.
- Other violations committed by an official that entailed the inability to prepare and submit a reasoned claim within the period established by law.
Third parties
The court may decide on the obligations and rights of parties not involved in the case. When deciding on the return of the period of contesting the act, the first instance must take into account the timeliness of the appeal of these persons with the corresponding petition. The deadline for the appeal of these parties is determined in accordance with Art. 321 and 332. The beginning of the period coincides with the date on which third parties became aware or should have become aware of a violation of their rights or the imposition of duties by the contested decision.
Deadline for appeal: AIC
For legal entities, the law provides for cases where the reasons why the organization did not exercise its right are considered disrespectful. In particular, the following circumstances are recognized:
- Stay of a legal entity representative on a business trip or vacation.
- Lack of a lawyer company staff.
- Change, vacation or business trip of the head and so on.
Refusal of application
In case of rejection of the application for the restoration of the term under Art. 225, part 1, paragraph 5, the court must motivate its determination. The participants in the case may file a private claim for this act. If you cancel the decision to refuse to return the deadline for filing a complaint, to restore the period, or to leave the corresponding definition unchanged, the court of appeal will forward the complaint materials to the first instance. It should be checked compliance of acts with the requirements of Art. 322. In addition, the actions provided for in Art. 325. 
Verification of case materials
Once a complaint has been received, a number of issues should be resolved regarding the procedure for filing a claim. These requirements are established by Art. 320-322. In particular, it is necessary to establish:
- Whether the decision is subject to appeal on appeal.
- Does the claimant have the right to file such a claim?
- Have the deadlines and legal requirements for the content of the complaint been complied with.
- Whether a power of attorney or other paper attesting to the representative’s authority is attached (if in fact such documents are absent)
- Is the complaint (submission) signed.
- Does the number of copies of the claim correspond to the number of participants in the case?
- Whether the fee for filing a complaint has been paid in cases provided for by law.
Features of the content of the claim submitted by third parties
According to the provisions of Art. 322 and 320, in a complaint filed by a party that did not participate in the case, there must be justification for violations of his rights or the illegality of assigning duties to him by the contested decision. This circumstance should also be verified by the first instance. In the absence of these justifications, the court leaves the complaint without motion. In this case, the first instance appoints a reasonable period during which the identified deficiencies should be corrected. 
New (additional) evidence
First instance, under Art. 323, part 1, must check whether the complaint contains a reference to facts that are not mentioned in the case file. If they are contained in the claim, then it should also establish the existence of a justification of the reasons according to which they were not provided earlier. It should be said here that the first instance is not entitled to assess the nature of the circumstances for which evidence was not presented earlier. This is due to the fact that the issue of the adoption and subsequent study of new facts is decided by the appellate court. Third parties may refer to any additional evidence that was not the subject of consideration and assessment during the proceedings, since they were not able to exercise their procedural obligations and rights at that time.
Leaving the claim without motion
Such a determination shall be made if the complaint or presentation does not comply with those provided for in paragraph 1 of Article 322 requirements. The main reasons for leaving without movement include the absence of:
- Justification of the impossibility of providing the first instance with new evidence by reference to it.
- The proper number of copies.
- Signatures of the applicant or his representative.
- The document certifying the payment of the fee.
- Power of attorney of the representative.
In accordance with Art. 323, para. 1 no later than five days from the date of acceptance of the claim by the judge, a decision shall be made in accordance with which she is left without movement. At the same time, a reasonable period for making corrections is established. The same determination shall be made if the complaint or submission does not contain references to the grounds according to which the applicant considers that the contested decision should be amended or rescinded. In this case, the time is also set for making the necessary corrections.
Special cases
If the complaint contains substantive claims not previously stated in the proceedings, according to part 1, art. 323 a judge shall issue a ruling on leaving her without movement with the appointment of a reasonable period for making adjustments. However, the authorized person is not entitled to make such a decision if the appeal contains requirements made earlier when considering materials in the first instance, but they should be allowed under the provisions of Part 3 of Art. 196. For example, if a case is being examined on the deprivation of a parent's rights to a child, the court must order the collection of alimony. Upon recognition of the invalidity of the transaction, the corresponding consequences should be applied; in satisfying the consumer's claim, a fine should be imposed on the manufacturer.
Period of correction of defects
The period during which necessary adjustments can be made to the complaint or submission, the first instance should appoint, based on the real possibilities of eliminating the shortcomings that were identified during the inspection. In addition, one should take into account the time required for sending and delivery of correspondence by the postal service in accordance with the territorial distance from the body in which the claim is examined, and the location of the applicant.Time to rectify deficiencies may be extended. Such an opportunity is provided for in Art. 111.
Finally
When implementing the provisions of Article 323 it should be borne in mind that those circumstances that caused the presentation or complaint to remain without motion will be considered eliminated from the moment the first instance receives the necessary documents. In this case, the claim will be considered sent on the day of its initial receipt. The determination of an authorized person to leave a presentation or complaint without motion may be challenged privately. The period during which you can exercise this right, as well as the rules for sending an application are established in Sec. 39.
