As you know, while the initial court decision has not yet had time to enter into force, each party has the right to file a request for review of this case in the court of appeal, but many people are not aware of the current order and time for consideration appeal
It is immediately worth noting that the right to file an appeal against this decision belongs not only to the parties directly involved in the process, but also to other persons who were involved in it. Also, the term for consideration of the appeal is provided for those people who were not involved in a certain case, if the issue concerning their rights and obligations was considered by the court.
Who is doing this?
The following authorities are involved in the consideration of such applications:
- District court, dealing with the decisions of magistrates.
- The Supreme Court of a certain republic or city authority of federal significance (this also includes the courts of the autonomous regions and districts).
- The Judicial Collegium, dealing with civil matters of the Armed Forces of the Russian Federation, as well as the special Judicial Collegium, dealing with administrative affairs of the Armed Forces of the Russian Federation, examining the decisions of the supreme courts of various republics, regional, provincial and federal instances.
- The Board of Appeals of the RF Armed Forces, which considers various decisions of the RF Armed Forces themselves, taken at first instance.
General procedure and deadline
To begin the time period for considering the appeal, you must first file it directly through the institution that made the inappropriate decision, and this can be done within one month from the day it was approved.
In itself, such a statement should include the following information:
- Name court of law to which the complaint is filed.
- The name of the specific person who filed the complaint, including his exact place of residence or stay.
- An indication of a decision that is considered unlawful.
- Specific requirements on the part of the person filing the complaint, as well as all available grounds, because of which he considers this decision to be incorrect.
- The list of documents attached by the applicant to his own complaint.
The appeal against the decision of the district court or other institutions cannot include various requirements that were not stated during the trial in the first instance.
The introduction of new references to any additional evidence that was not originally attached to this case is envisaged only if such adjustments have a strong basis in the complaint submitted, and if such evidence was not possible to present during the main review process.
The appeal against the decision of the district court, as in the case with any other instance, must be signed by the submitting person or his authorized representative. If the complaint is filed by the representative, then in this case the appropriate power of attorney or some other document must be attached to it, confirming that he has the appropriate authority, if this was not previously provided for in the case.
A document must be attached to the complaint, which could confirm the fact of payment of the fee, if this complaint provides for the need to pay.The court of appeal must also demand, in addition to the submission, the complaint and all the attached documentation, also copies of these documents in an amount equal to the total number of persons participating in this process.
Motionless
In the case of filing an appeal that does not meet the established requirements, or without making the appropriate payment established by the state fee, the judge must make a decision no more than five days after its receipt, according to which she will be left without movement, as a result of which the person who filed it receives a certain period of time to correct all deficiencies.
In the event that the person submitting the application falls within the deadline provided by the appellate court, that is, he manages to comply with all the issued instructions contained in the ruling, then all documents are considered filed on the day when they were initially submitted to the court.
Return
There are several situations in which a person may be returned his complaint:
- The appeal (example above) is returned if, within the prescribed period, the applicant fails to comply with the judge’s instructions, which were contained in the decision to leave her motionless.
- The appeal deadline has expired if it does not contain any requests for the need to restore this deadline or has been refused.
It is also worth noting that the appeal (example above) can be returned at the request of the applicant, if up to this point the case has not yet been submitted to the court of appeal. Refunds are made solely on the basis of the judge’s respective decision.
What is he doing court of first instance?
After the court of first instance is presented with an appeal in a criminal case or any other violations, and the document was filed within the prescribed time period and fully complies with the requirements established by the current legislation, this institution sends copies of this to each person participating in this case. statements, representations, as well as all documents that are attached.
Each person or party participating in the case has the right to submit a written objection to the court of first instance, attaching documents to it that could confirm the reason for these objections. It is worth noting that this objection must be provided with copies in an amount equal to the number of persons participating in the case - just like the appeal itself in a criminal case and other issues. Accordingly, all parties have the right to fully familiarize themselves with the materials of the said case, the features of the complaint received and various objections to them.
After the appeal period expires, the court of first instance sends the case under consideration, together with the complaint and objections, to the appropriate authorities. It is worth noting that the appeal against the verdict cannot be sent to the relevant court before the appeal expires.
Renouncement
The refusal of a filed complaint is foreseen until the court makes a determination. The application must be submitted in writing to the appropriate judicial authority. After that, a determination is made that the institution accepts the refusal, and the appeal against the decision or the verdict is no longer considered by it, as a result of which the proceedings are completely terminated.
Special attention should be paid to the fact that the termination of the proceedings on the submitted appeal due to the refusal of it is not any obstacle to considering other complaints filed in the eventif this decision is appealed by any other persons.
Refusal of claim, recognition of settlement
In the process of considering an appeal on an administrative case or other contentious issues, the waiver of the claim, its acceptance by the defendant or the conclusion of an amicable agreement between the parties must be supported by written statements. If such cases were declared at the hearing, then in this case they are immediately recorded in the minutes of the hearing and subsequently signed by all parties to the case.
The order of consideration of the appeal provides for the complete cessation of the proceedings if a waiver of the claim or approval of the settlement agreement is provided. If the defendant acknowledges the claim and accepts it, then a decision is made that the requirements presented by the plaintiff are fully satisfied.
How is this process conducted?
First, the reasons for the complaint are determined. This can be done, for example, if circumstances that are significant for the case were incorrectly determined, or if the evidence of circumstances significant to the case established by the court of first instance is involved. It is also worth noting that the filing of such an application may be carried out if the conclusions of the trial court do not correspond to the circumstances of the case under consideration or if the procedural and substantive rights are incorrectly applied. If the deadline for the appeal has not been missed, and it fully complies with the requirements, a meeting is scheduled.
Initially, all persons who participate in this case receive a notice from the court of appeal on what time and in what place the consideration of this issue will be carried out. At the same time, it is worth noting the fact that after the adoption of the appeal, the case should be considered collectively in the courts of the corresponding instance (with the exception of district courts).
The meeting is opened by the presiding judge, who announces to all those present what case is currently being examined, on whose complaint it is currently being considered, and on the decision of which particular institution this complaint was filed. After that, it is established which of the persons taking part in the case at the moment has come to the meeting, the authority of the officials and their representatives is being checked, and a detailed explanation is given to all those present of their procedural rights and obligations.
A peer review of a case begins with a report that is led by the presiding judge or one of the participating judges. The rapporteur sets out in detail the main circumstances of the case under consideration, the main content of the decision of the trial court, as well as various arguments of the complaint and objections that were received. In the end, the new evidence provided to the court is listed, as well as all other information that will need to be considered to conduct a detailed verification of the decision of the court of first instance.
After the end of the report, the explanations of each person who came to the meeting and takes part in this case are heard. First of all, the person who filed this complaint (or a representative authorized by him) is speaking. If the decision on the appeal is made as a result of the appeal of each of the parties, then in this case the plaintiff will be the first to act.
After a detailed consideration of the explanations of each of the parties, if there is a relevant application, all the evidence that is currently being considered in this process is announced, then the new evidence accepted after the complaint is examined.Ultimately, all persons are given the opportunity to hold a judicial debate in the same sequence in which the explanations were given.
Throughout each separate meeting, as well as in the process of performing various procedural actions, a protocol is constantly kept outside this meeting.
Limits
The appellate court may consider the case exclusively within the limits of the arguments that were set forth in the submitted complaint and various objections to it. A detailed assessment of all evidence available in the case is carried out, including that which was presented additionally. The latter can be accepted only if the person participating in this process was able to prove the impossibility of submitting them at the time of the initial consideration of the case, that is, the reasons for this were recognized by the court as valid.
In the event that the appeal process considers the appeal of only a certain part of the decision, the verification of the legality and validity of the verdict is considered only in this vein. At the same time, in the interests of legality, the appellate court always has the right to verify the court decision in full.
Regardless of what arguments the appeal includes, the appellate court carries out a detailed check to see if the rules of procedural law were violated during the consideration of the main case, which could become a reason for canceling the decision. New claims that are not considered in court initially will not be accepted and, accordingly, considered by the appellate court.
The timing
The consideration of the case on the appeal must be reviewed within two months after all the documents have been submitted and the state duty for the appeal has been paid. The Armed Forces of the Russian Federation considers the case received within three months after its receipt. Moreover, in the process of considering this issue, the following decisions can be made:
- The court decision is left without any changes, and the complaint, of course, is not satisfied.
- A court decision is canceled or amended partially or completely, after which a new decision is recognized in the case.
- The court decision is canceled or amended partially or completely, after which the proceedings in the case are completely terminated or the application is left without consideration.
- The complaint shall be left without consideration if, after the deadline has not been reached, the issue of its restoration has not been resolved.
The court ruling shall be made in the form of a special ruling, and it shall indicate:
- the date and place at which the determination is made;
- the name of the judicial institution involved in making this determination, as well as the composition of the judges;
- person who filed the complaint;
- a summary of the decision made by the court, as well as all the explanations and evidence received from the persons participating in the consideration of this case;
- all the circumstances of the case that were established by the appellate court, as well as the conclusions drawn from the consideration of the issue;
- the motives that led the composition of the court to certain conclusions, as well as references to existing laws that guided the judiciary.
If the complaint is left unsatisfied, then in this case the court must indicate for what reasons this was done. In the drafted determination of the appellate court, the distribution of various court costs between all parties, including also the various costs that were incurred as a result of this complaint. The determination of such a court shall enter into force immediately after it has been adopted.
There are a lot of reasons why, after the deadline for the consideration of the appeal, the decision can be made to completely cancel the decision. Often decisions are rejected due to the consideration of the case in an unlawful composition or the absence of certain persons during the consideration of the case, there are situations that violate the rules on the language in which the trial is conducted. That is why, if you find any such violations, you must always appeal them and seek a fair sentence.
