Appeal. Documents attached to the appeal What is attached to the appeal

I am interested in the amount of the state fee for filing an appeal by a legal entity - 2000.00?, how to certify copies of documents attached to the complaint (payments, letters, etc.), what to do if we do not meet the deadline for filing an appeal?

Yes, 2000. The payment order is certified by the servicing bank, all other documents are certified by the signature of the director and the seal of the organization (“the copy is correct, general director....). I recommend filing at least a short complaint, without copies of documents, it will be left without movement and They will give you a deadline to eliminate the shortcomings, by which time you will submit the full text and documents. Otherwise, you will have to restore the deadline for filing a complaint and indicate valid reasons

If you find it difficult to formulate a question, call the toll-free multi-line phone 8 800 505-91-11 , a lawyer will help you

Can I supplement my objections to the appeal with a document, if the case and my objections have already been sent from the district court to the regional court for consideration of the appeal, but the date for consideration has not yet been set, with a petition or addition to my objection with the attached document, how can I do this? Thank you.

Yes, you can add it. Write an addition to the appeal. It can be attached at a court hearing or through the office of the regional court.

Hello! You have the right to send to the appellate court an addition to the objection to the appeal. Can be sent by regular mail.

Hello, Natalia. No, you will only be able to submit this document directly to the appellate court during the appellate review. But at the same time, it is necessary to justify why you could not present him in the court of first instance. Otherwise, the document will not be accepted in accordance with Article 327.1 of the Code of Civil Procedure of the Russian Federation,
Good luck to you.

Unfortunately, you will no longer be able to add anything else to your objections to the appeal, since the deadline for filing these objections has expired. You then need to take part in the hearing of the case in the regional court in order to verbally convey your additional objections to the court.

An appeal (appeal) is an appeal against court decisions that have not entered into legal force in criminal or civil proceedings.

There are full and incomplete appeals.

In case of a full appeal, the case is reviewed from the very beginning in its entirety, according to the rules provided for by the trial court.

If the appeal is incomplete, the case is reviewed only on the basis of the arguments of the appeal.

Name of the court to which the complaint is filed,
the name of the person who filed the complaint, his place of residence or location,
an indication of the court decision that is being appealed,
the request of the person who filed the complaint and the grounds on which the person considers the decision made to be incorrect,
list of documents attached to the complaint.

The appeal is signed by the person filing the complaint or his representative (the powers of the representative must be confirmed by a power of attorney). The appeal is accompanied by a document confirming payment of the state fee, if the complaint is subject to payment.

The appeal cannot contain claims that were not submitted to the court of first instance.

The right to appeal as a result of a decision of the court of first instance by filing an appeal is a legislative opportunity provided for the impact of a judicial appeal on a new trial of the case and decisions and rulings made according to the norm for compliance with their requirements of legality and motivation.

The parties to the case, as well as other persons whose legal rights and interests are affected by this decision (regardless of whether these persons took part in the initial proceedings or not), have the right to appeal.

The appeal is drawn up taking into account the general rules of document flow and the requirements of the Civil Code, which, although it does not provide an exact sample of the appeal or form, still imposes certain conditions.

It is not necessary to indicate: the name of the appellate court:

Full name, residence (registration) address and other contact details of the parties;
- data from the first instance proceedings - the essence of the case, dates of consideration, what decision the court made and other data;
- the position of the applicant - what exactly the initiator of this complaint does not agree with, what was the court’s error in making the decision, etc.;
- references to the regulations according to which the complaint is filed and which regulate the relations described in the document;
- operative part - the requirement to cancel, change the decision of the court of first instance in full or in part, other additional requirements.

The appeal is submitted in writing to the appellate instance, but is sent through the court of first instance. That is, to file a complaint, you must contact the court that made the decision, in essence (local district or city court), through which the document is already sent for appeal. The document is submitted in writing according to the above example of an appeal personally by the applicant to the court office or by registered mail. In the latter case, the filing date will be the date indicated on the postal stamp.

Regardless of the court that made the decision (magistrate or court of general jurisdiction), an appeal can be filed within one month from the date of the final decision.

Filing an appeal

A complaint is a document initiating appeal proceedings.

The Arbitration Procedural Code of the Russian Federation imposes certain requirements on the content of the appeal, on its proper execution, including the documents attached to it, as well as on the actions that the person filing the complaint must take.

The essence of the appeal is to substantiate the disagreement with the appealed decision of the arbitration court of first instance.

An appeal must be submitted in writing and signed by a person who has the appropriate authority to do so.

The appeal must contain the following details:

Name of the court to which it is filed;
the name of the person filing the complaint and other persons participating in the case;
the name of the court that made the appealed decision, in what case, indicating its number and the date of the decision.

The complaint shall indicate the subject of the dispute, as well as the submitted petitions.

The list of attached documents is given in the complaint. These include:

A copy of the contested decision;
documents relating to the payment of state duty (see clause 2, part 4, article 260);
documents confirming the fulfillment by the person filing the appeal of the obligation to send to other persons participating in the case, copies of the filed complaint and documents attached to it that they do not have, by registered mail with return receipt requested or by other means (in particular, in person against signature );
a document confirming the authority to sign the appeal.

If the complaint does not meet the requirements of the Arbitration Procedural Code - Art. 260 of the Arbitration Procedure Code of the Russian Federation, the court issues a ruling to leave it without movement and indicates the period during which the deficiencies must be eliminated. It is necessary to take into account that if the circumstances that served as the basis for leaving the appeal without progress are eliminated by submitting properly executed documents (on payment of the state fee, confirming the direction or delivery to other persons participating in the case, copies of the appeal and documents that they have there is no power of attorney or other document confirming the authority to sign the appeal, etc.), the documents must be submitted in such a way that by the deadline appointed by the court they arrive directly at the court, and are not sent by mail.

The procedure for filing an appeal, its form and content, the procedure and time frame for considering the complaint, the powers of the court considering the complaint, and other issues of proceedings in the appellate instance are determined by the norms of Chapter 34 of the Arbitration Procedure Code of the Russian Federation.

In accordance with Part 2 of Art. 257 of the Arbitration Procedure Code of the Russian Federation, an appeal is filed with the court that made the decision.

Part 1 of Art. 259 of the Arbitration Procedure Code of the Russian Federation for filing an appeal, a period of one month is established from the day following the day the decision was made by the arbitration court of first instance, unless a different period is established by this Code.

In particular, the period for appealing the decision of the arbitration court of first instance in cases considered in the procedure of claim proceedings, including through summary proceedings, is one month (Part 1 of Article 259, Part 4 of Article 229 of the Arbitration Procedure Code of the Russian Federation). In cases of administrative offenses - on bringing to administrative responsibility (Part 4 of Article 206 of the Arbitration Procedure Code of the Russian Federation) and on challenging decisions of administrative bodies on bringing to administrative responsibility (Part 5 of Article 211 of the Arbitration Procedure Code of the Russian Federation) a shortened ten-day period has been established, after the expiration which the decision of the arbitration court enters into legal force. Taking this into account, an appeal against decisions in these cases can be filed within ten days.

When calculating the time limits for an appeal, it is necessary to keep in mind that the Code provides for the possibility of announcing only the operative part of the decision upon completion of the consideration of the case on its merits. In this case, the date of the decision is the date when the decision was made in full (Part 2 of Article 176 of the Arbitration Procedure Code of the Russian Federation). The period for filing an appeal is calculated according to the rules of Chapter 10 of the Arbitration Procedure Code of the Russian Federation.

The Code provides for the possibility of restoration by the arbitration court of appeal of the missed one-month period during which an appeal is filed.

The period can be restored if the following conditions are met:

Filing a corresponding petition;
the petition was filed no later than six months from the date of adoption of the appealed decision, and this period is preclusive;
the reasons for missing the deadline were recognized as valid.

The petition is considered according to the rules contained in Art. 117 Arbitration Procedure Code of the Russian Federation. It may be issued in the form of a separate document or contained in the appeal. In any case, the petition must be filed along with the complaint.

If the petition is satisfied, the court indicates this in the ruling on accepting the appeal for proceedings.

If the petition is rejected, the court is obliged to provide in its ruling the reasons on the basis of which it came to this conclusion (see Article 185 of the Arbitration Procedure Code). The decision to refuse the application may be appealed.

The appeal consideration of complaints against the decisions of the arbitration court of first instance occurs according to the rules for the consideration of appeals against court decisions with some features provided for by the Arbitration Procedure Code (Parts 2, 3 of Article 272).

The procedure and deadlines for appealing rulings are provided for in Art. 188 Arbitration Procedure Code of the Russian Federation.

The subject of an appeal may be a ruling that ends the consideration of the case on the merits, if the Code provides for the possibility of appealing such a ruling. A ruling that prevents further progress of the case may also be appealed.

The Code establishes that some rulings cannot be appealed on appeal (the appeal is filed with the court of cassation - the Federal Arbitration Court of the Moscow District).

These definitions include:

Determination on approval of the settlement agreement (Part 8 of Article 141 of the APC);
ruling to challenge the decision of the arbitration court (part 5 of article 234 of the Arbitration Procedure Code);
determination in the case of issuing a writ of execution for the forced execution of an arbitration court decision (part 5 of article 240 of the Arbitration Procedure Code);
ruling in a case on recognition and enforcement of a decision of a foreign court or a foreign arbitration award (Part 3 of Article 245 of the Arbitration Procedure Code).

As a rule, a complaint against a ruling can be filed within one month from the date of the ruling. Some determinations have different deadlines. In particular, in cases of insolvency (bankruptcy), rulings, the appeal of which is permitted by law separately from the judicial act that ends the consideration of the case on the merits, can be appealed within ten days from the date of their issuance (see Part 3 of Article 223 of the APC) .

The ruling on the return of the statement of claim and other rulings that impede the further progress of the case are not considered within a month, as provided for in Art. 267 of the APC, and within a period not exceeding ten days from the date of receipt of the appeal to the court (Part 3 of Article 272 of the APC).

Based on the results of consideration of the appeal, the court makes one of the following decisions:

Leaves the determination unchanged and the complaint unsatisfied;
cancels the ruling and sends the issue for a new trial to the arbitration court of first instance (in this situation, the appellate court cannot replace the court of first instance and act in its role);
cancels the definition (in whole or in part) and resolves the issue on the merits.

Right of appeal

Persons participating in the case, as well as other persons in cases provided for by this Code, have the right to appeal, in the manner of appeal, a decision of the arbitration court of first instance that has not entered into legal force.

The appeal is filed through the arbitration court that made the decision in the first instance, which is obliged to send it along with the case to the appropriate arbitration court of appeal within three days from the date the complaint was received by the court.

The appeal cannot contain new claims that were not the subject of consideration in the arbitration court of first instance.

Deadline for filing an appeal

An appeal may be filed within a month after the arbitration court of first instance makes the appealed decision, unless another period is established by this Code.

At the request of the person filing the complaint, the missed deadline for filing an appeal may be restored by the arbitration court of appeal, provided that the petition is filed no later than six months from the date of the decision and the arbitration court recognizes the reasons for missing the deadline as valid. The petition to restore the deadline for filing an appeal is considered by the arbitration court of the appellate instance in the manner prescribed by Article 117 of this Code.

The restoration of the deadline for filing an appeal is indicated in the ruling of the arbitration court on accepting the appeal for proceedings.

Before the expiration of the period established by this Code for filing an appeal, the case cannot be demanded from the arbitration court.

Form and content of the appeal

The appeal is submitted to the arbitration court in writing. The appeal is signed by the person filing the complaint or his representative authorized to sign the complaint.

The appeal must indicate:

1) the name of the arbitration court to which the appeal is filed;
2) the name of the person filing the complaint and other persons participating in the case;
3) the name of the arbitration court that adopted the appealed decision, the case number and the date of the decision, the subject of the dispute;
4) the requirements of the person filing the complaint and the grounds on which the person filing the complaint is appealing the decision, with reference to laws, other regulatory legal acts, circumstances of the case and evidence available in the case;
5) a list of documents attached to the complaint.

The appeal may contain telephone numbers, fax numbers, email addresses and other information necessary for consideration of the case, as well as existing petitions.

The person filing an appeal is obliged to send to other persons participating in the case copies of the appeal and the documents attached to it that they do not have, by registered mail with return receipt requested, or hand them over to other persons participating in the case or their representatives personally under receipt.

The following are attached to the appeal:

1) a copy of the contested decision;
2) documents confirming the payment of the state duty in the established manner and amount or the right to receive a benefit in the payment of the state duty, or a petition for a deferment, payment by installments or a reduction in the amount of the state duty;
3) a document confirming the sending or delivery to other persons participating in the case of copies of the appeal and documents that they do not have;
4) a power of attorney or other document confirming the authority to sign the appeal.

The appeal against the arbitration court's ruling to return the statement of claim must also be accompanied by the returned statement of claim and the documents offered to accompany it when submitted to the arbitration court.

Appeal against a court decision

An appeal is filed with the court that made the contested decision. There is no need to send documents to a higher court yourself, because they will still be returned back to the court of first instance.

When filing an appeal, personally mark the acceptance of the documents by the office employee on your copy of the complaint, which you must take with you to court. If the complaint is sent to the court by mail, do so by registered mail with return receipt requested. Then you will know when the documents were received by the court.

A prerequisite is to attach copies of the complaint according to the number of persons participating in the case. The appeal is paid by the state fee, the original receipt is also attached.

There is no need to attach documents that are already in the case, including a copy of the court decision. The appellate court will examine the entire civil case.

The progress of the appeal should be monitored. If the complaint is left without progress, it is necessary to promptly obtain a copy of the court ruling and make the necessary amendments within the prescribed period. When returning the appeal, the court also issues a ruling indicating the reasons for such a procedural action.

Acceptance and consideration of a complaint

The court of first instance, after receiving an appeal, decides on the possibility of accepting the complaint and checks the absence of grounds for leaving without moving or returning the documents. If the appeal is accepted, the judge puts a mark on the complaint itself, which is then filed in the file.

After this, copies of the documents are sent to the persons participating in the case. After the expiration of the period, the materials of the civil case are sent to the court of appeal.

The appellate court notifies the persons participating in the case of the time and place of the trial. The case is considered according to the rules of the first instance and ends with the issuance of an appeal ruling. From the moment such a determination is made, the court decision, unless it is cancelled, is considered to have entered into legal force. If the decision is overturned, the appeal ruling resolves the case on the merits and acquires the force of a decision.

The appeal ruling can be appealed to a higher authority by filing a cassation appeal.

What is the difference between an appeal against a magistrate’s decision?

An appeal against a decision of a magistrate is no different from an appeal against a decision of a district court. Such a complaint is filed through a magistrate judge, but is addressed to the district court. An appeal against a decision of a magistrate is considered according to the general rules of appeal proceedings.

It should be borne in mind that magistrates have the right not to draw up a full decision without a statement from the persons participating in the case. Therefore, within 3 days from the moment the operative part of the decision is announced by the magistrate, it is necessary to submit an application for drawing up a reasoned decision.

Based on the results of consideration of the complaint, the district court issues an appeal ruling, which can only be appealed to the cassation instance.

Appeal in a civil case

The law provides the possibility of filing an appeal against a decision of the court of first instance in a civil case, if it has not yet entered into force. The decision of the appellate court and, accordingly, the chances of changing or overturning the decision of the first instance court depend on how well the complaint is drawn up and how well-reasoned and convincing its arguments are.

In the case of an appeal, the decision of the court of first instance does not come into force until the appellate instance considers the complaint on the merits (unless, of course, the court returns it for formal reasons, i.e. due to failure to comply with all the “ifs” stipulated by law ).

In accordance with Federal Law No. 353-FZ “On Amendments to the Civil Procedure Code of the Russian Federation”, from January 1, 2012, an appeal procedure for civil cases was introduced in courts of general jurisdiction. Access to the appeal is open to parties to a civil dispute for 1 month.

Any person participating in the case, including as a plaintiff, defendant, third party, applicant or interested party, has the right to appeal. An appeal can be filed against the entire decision or against some part of it.

Procedure and deadline for filing an appeal:

1. The complaint is filed through the court that made the decision. An appeal received directly by the appellate instance must be sent to the court that made the decision.
2. An appeal may be filed within a month from the date of adoption of the court decision in final form, unless other deadlines are established by the Code of Civil Procedure of the Russian Federation. The period for appeal begins to run from the day following the day of drawing up a reasoned court decision and expires on the corresponding day of the next month. For example, a reasoned decision was made by the court on May 5, the period for appeal will begin on May 6, and will expire on June 6 at 24:00. Filing an appeal consists of sending it by mail or handing it over to the court office in person.

If the deadline for filing an appeal is missed for valid reasons, the applicant has the right to ask the court to restore the deadline for filing an appeal. A request to restore the time limit for filing an appeal can be drawn up in the form of a separate document or set out in the complaint itself. According to the explanations contained in paragraph 8 of the resolution of the Plenum of the Supreme Court of the Russian Federation No. 13 “On the application by courts of the norms of civil procedural legislation regulating proceedings in the court of appeal,” valid reasons for missing the specified deadline, in particular, may include such circumstances as non-compliance court established by Art. 199 of the Code of Civil Procedure of the Russian Federation, the period for which the drawing up of a reasoned court decision may be postponed, or established by Art. 214 of the Code of Civil Procedure of the Russian Federation, the deadline for sending a copy of the court decision to the persons participating in the case, if such violations have led to the impossibility of preparing and filing motivated appeals or presentations within the period established for this.

How to avoid judicial tricks of rejecting appeals?

Firstly, in order to file an appeal, you must pay a state fee, which will be half the state fee when filing a claim of a non-property nature. In the list of documents attached to the appeal and inventory, indicate: “receipt for payment of state duty.”
Secondly, submit on time. In half of the cases, judges return the appeal with a ruling due to missing the deadline for filing and the absence of an application to restore the deadline for filing an appeal.
Thirdly, comply with the requirements of the Civil Procedure Code regarding the format and content of the appeal. If the appeal, when filed, does not meet the content of the requirements, the court leaves it without movement. The court ruling indicates the shortcomings of the complaint and sets a deadline for correcting them. If you disagree with the arguments of the ruling, you can appeal it by filing a private complaint with the appellate authority.
Fourth, attach all the documents necessary for the court, indicating their names and number of sheets in the appendix to the complaint.

Requirements for the content of appeals:

1. In accordance with Article 322 of the Code of Civil Procedure of the Russian Federation, the appeal must contain:
1) the name of the court to which the complaint is filed;
2) the name of the person filing the complaint, presentation, his place of residence or location;
4) the requirements of the person filing the complaint, as well as the reasons why they consider the court decision to be incorrect;
2. Appeals cannot contain claims that were not stated during the consideration of the case in the court of first instance.
3. The appeal is signed by the person filing the complaint or his representative. The complaint filed by the representative must be accompanied by a power of attorney or other document certifying the authority of the representative, if there is no such authority in the case.
4. The appeal shall be accompanied by a document confirming payment of the state fee, if the appeal is subject to payment.
5. The appeal and the documents attached to it are submitted with copies, the number of which corresponds to the number of persons participating in the case.

Deadline for appeal

An appeal or presentation against a decision of the court of first instance that has not entered into legal force in accordance with Part 1 of Article 321 of the Code of Civil Procedure of the Russian Federation is filed through the court that made the decision.

Filing an appeal or presentation directly to the appellate court does not constitute grounds for their return to the applicant. Based on the provisions of Part 1 of Article 321 of the Code of Civil Procedure of the Russian Federation, such an appeal or presentation must be sent by a covering letter from the court of appeal to the court that made the decision in order to carry out the actions provided for in Article 325 of the Code of Civil Procedure of the Russian Federation, which is reported to the person who filed the appeal or presentation.

6. The one-month period for filing an appeal or presentation, provided for in Part 2 of Article 321 of the Code of Civil Procedure of the Russian Federation, begins in accordance with Part 3 of Article 107 and Article 199 of the Code of Civil Procedure of the Russian Federation from the day following the day of drawing up a reasoned court decision (adopting a court decision in final form), and ends in accordance with Article 108 of the Code of Civil Procedure of the Russian Federation on the corresponding date of the next month.

If the preparation of a reasoned court decision is postponed for a certain period, which, by virtue of Article 199 of the Code of Civil Procedure of the Russian Federation, should not exceed five days from the date of completion of the trial of the case, the presiding judge, when announcing the operative part of the court decision, by virtue of the provisions of Part 2 of Article 193 of the Code of Civil Procedure of the Russian Federation, explains to the persons participating in the case, to their representatives, when they can familiarize themselves with the reasoned decision of the court, which, on the basis of paragraph 13 of part 2 of Article 229 of the Code of Civil Procedure of the Russian Federation, must be reflected in the minutes of the court hearing.

The deadline for filing an appeal or presentation is not considered missed if they were submitted to the postal service organization before twenty-four hours of the last day of the deadline (Part 3 of Article 108 of the Code of Civil Procedure of the Russian Federation). In this case, the date of filing an appeal or presentation is determined by the stamp on the envelope, a receipt for the receipt of registered mail or another document confirming the receipt of correspondence (a certificate from the post office, a copy of the register for sending mail, etc.). These rules also apply to appeals and presentations filed directly to the appellate court.

Courts should take into account that the Code of Civil Procedure of the Russian Federation may provide for shortened deadlines for filing appeals and submissions against court decisions in certain categories of cases. Thus, Part 3 of Article 261 of the Code of Civil Procedure of the Russian Federation establishes a shortened period for filing appeals, submissions against court decisions in cases of protection of electoral rights and the right to participate in a referendum of citizens of the Russian Federation, issued during the election campaign, referendum campaign before voting day, which is five days from the date of adoption of the appealed court decisions.

A person who has missed the deadline for an appeal has the right to appeal to the court that made the decision with an application (petition) to restore the missed procedural deadline. The application (petition) must indicate the reasons for missing the deadline for filing appeals or presentations.

Simultaneously with the application for restoration of the missed deadline, an appeal or presentation that meets the requirements of Article 322 of the Code of Civil Procedure of the Russian Federation must be filed with the court of first instance in accordance with the requirements of Part 3 of Article 112 of the Code of Civil Procedure of the Russian Federation.

Draw the attention of the courts to the fact that the corresponding request of a person who has missed the deadline for appeal may be contained directly in the appeal or presentation.

It is necessary to take into account that when an appeal or presentation is filed against a court decision and at the same time the question of restoring the missed procedural deadline is raised, the court of first instance first decides on the issue of restoring the deadline, and then fulfills the requirements of Article 325 of the Code of Civil Procedure of the Russian Federation and sends the case along with the appeals. a complaint, a submission for consideration to a court of appeal. If the reasons for missing a procedural deadline are recognized as disrespectful, the appeal or presentation on the basis of paragraph 2 of part 1 of Article 324 of the Code of Civil Procedure of the Russian Federation is returned to the person who filed them after the ruling on the refusal to restore the missed procedural period enters into legal force.

An application to restore the deadline for filing an appeal or presentation is considered by the court of first instance according to the rules of Article 112 of the Code of Civil Procedure of the Russian Federation at a court hearing with notification of the persons participating in the case, whose failure to appear is not an obstacle to the resolution of the issue raised before the court.

The court of first instance, on the basis of Article 112 of the Code of Civil Procedure of the Russian Federation, restores the deadline for filing an appeal or presentation if it recognizes the reasons for missing it as valid.

For persons participating in the case, valid reasons for missing the specified period, in particular, may include: circumstances related to the personality of the person filing the appeal (serious illness, helpless state, illiteracy, etc.); receipt by a person who was not present at the court hearing in which the trial of the case ended, a copy of the court decision after the expiration of the appeal period or when the time remaining before the expiration of this period is clearly not enough to familiarize himself with the case materials and draw up a reasoned appeal or presentation; failure by the court of first instance to explain, in violation of the requirements of Article 193 and Part 5 of Article 198 of the Code of Civil Procedure of the Russian Federation, the procedure and deadline for appealing a court decision; failure by the court to comply with the deadline established by Article 199 of the Code of Civil Procedure of the Russian Federation for which the drawing up of a reasoned court decision may be postponed, or the deadline established by Article 214 of the Code of Civil Procedure of the Russian Federation for sending a copy of the court decision to persons participating in the case, but who were not present at the court session in which the trial of the case ended, if Such violations led to the impossibility of preparing and filing motivated appeals and submitting them within the prescribed period.

When deciding on the restoration of the period of appeal for persons who were not involved in the case, whose rights and obligations were decided by the court, the courts of first instance should take into account the timeliness of such persons filing an application (petition) for the restoration of the specified period, which is determined based on the terms established by Articles 321, 332 of the Code of Civil Procedure of the Russian Federation and calculated from the moment when they learned or should have learned about the violation of their rights and (or) the imposition of obligations on them by the appealed court decision.

If the prosecutor misses the deadline for filing an appeal, the person in whose interests the prosecutor filed an application to the court of first instance does not deprive the person of the right to independently file an application (petition) to restore the deadline for filing an appeal.

At the same time, circumstances such as a representative of the organization being on a business trip or vacation, a change in the head of the organization or his being on a business trip or vacation, the absence of a lawyer on the staff of the organization, etc. cannot be considered as valid reasons for a legal entity to miss the deadline for an appeal.

Based on the provisions of paragraph 5 of part 1 of Article 225 of the Code of Civil Procedure of the Russian Federation, the decision of the court of first instance to restore or refuse to restore the missed period of appeal must be motivated. A private complaint may be filed against the said ruling, and a prosecutor’s proposal may be submitted in accordance with Part 5 of Article 112 of the Code of Civil Procedure of the Russian Federation.

If the ruling on refusal to restore the deadline for filing an appeal is canceled, the filing and restoration of this deadline is canceled, or the ruling on the restoration of the specified deadline is left unchanged, the appellate court sends the case with the appeal and presentation to the court of first instance to check them for compliance with the requirements of Article 322 Code of Civil Procedure of the Russian Federation and the commission of actions provided for in Article 325 of Code of Civil Procedure of the Russian Federation.

At the same time, in order to comply with reasonable deadlines for legal proceedings (Article 6 of the Code of Civil Procedure of the Russian Federation), the appellate court has the right not to send the case with an appeal or presentation to the court of first instance if it determines that the appeal or presentation meets all the requirements of Article 322 of the Code of Civil Procedure of the Russian Federation. In this case, the appellate court carries out the actions provided for in Part 1 of Article 325 of the Code of Civil Procedure of the Russian Federation and notifies the persons participating in the case of the time and place of consideration of the case on the appeal or presentation.

After receiving an appeal or presentation to the court of first instance, the judge, based on the requirements of Articles 320, 321, 322 of the Code of Civil Procedure of the Russian Federation, should check whether the court decision is subject to appeal; whether the person who filed the appeal and the prosecutor who brought the appeal have the right to appeal; whether the statutory period for appeal has been met; whether the legal requirements for the content of the appeal or presentation have been met; whether a power of attorney or other document certifying the authority of the representative is attached, if the file does not contain documents certifying the authority of the representative; whether the appeal or presentation has been signed; whether the number of copies of the appeal, presentation and documents attached to them corresponds to the number of persons participating in the case; whether the appeal is paid with a state fee in cases where this is provided by law.

Within the meaning of Part 3 of Article 320, paragraphs 2, 4 of Part 1 of Article 322 of the Code of Civil Procedure of the Russian Federation, an appeal filed by a person not involved in the case must contain a justification for the violation of his rights and (or) the imposition of obligations on him by the appealed court decision. In this regard, the courts of first instance should check whether such justification is contained in the appeal filed by a person not involved in the case.

In the absence of such justification, the court of first instance, in accordance with Part 1 of Article 323 of the Code of Civil Procedure of the Russian Federation, leaves the appeal without progress, setting a reasonable period for correcting this deficiency.

In accordance with the requirements of paragraph two of part 2 of Article 322 of the Code of Civil Procedure of the Russian Federation, the court of first instance should check the presence in the appeal, presentation, containing a reference to additional (new) evidence, the applicant’s justification for the impossibility of presenting it to the court of first instance for reasons beyond the control of the person filing an appeal, and the prosecutor bringing an appeal.

To draw the attention of the courts to the fact that the court of first instance does not have the right to assess the nature of the reasons (good or bad) for the impossibility of submitting additional (new) evidence to the court of first instance, since, based on the requirements of paragraph two of part 1 of Article 327 of the Code of Civil Procedure of the Russian Federation, the question of admission and investigation additional (new) evidence is decided by the appellate court.

Persons not involved in the case, whose rights and obligations have been resolved by the court, have the right in the appeal to refer to any additional (new) evidence that was not the subject of research and assessment in the court of first instance, since such persons were deprived of the opportunity to realize their procedural rights and obligations when considering a case in a court of first instance.

If the appeal or presentation does not comply with the requirements of Part 1 of Article 322 of the Code of Civil Procedure of the Russian Federation; do not contain a justification for the impossibility of submitting additional (new) evidence to the court of first instance in case of reference to it; filed without copies according to the number of persons participating in the case and copies of documents attached to them; are not signed by the person filing the complaint or his representative, the prosecutor bringing the representation, or the complaint filed by the representative is not accompanied by a power of attorney or other document certifying the authority of the representative; the appeal is not accompanied by a document confirming the payment of the state duty, when the payment of the state duty is provided for by law, then the judge, on the basis of Part 1 of Article 323 of the Code of Civil Procedure of the Russian Federation, no later than five days from the date of receipt of the appeal, presentation, makes a decision to leave the appeal, presentation without movement and sets a reasonable time limit for correcting existing deficiencies.

It is necessary to take into account that if the appeal or presentation, in violation of the provisions of paragraph 4 of part 1 of Article 322 of the Code of Civil Procedure of the Russian Federation, does not contain references to the grounds on which the person filing the complaint or the prosecutor making the presentation considers the appealed court decision subject to cancellation or modification (Article 330 Code of Civil Procedure of the Russian Federation), as well as for demands that correspond to the powers of the court of appeal (Article 328 of the Code of Civil Procedure of the Russian Federation), the judge, on the basis of Part 1 of Article 323 of the Code of Civil Procedure of the Russian Federation, makes a ruling to leave the appeal complaint or presentation without progress and sets a reasonable period for correcting these shortcomings.

If an appeal or presentation, in violation of the provisions of paragraph one of part 2 of Article 322 of the Code of Civil Procedure of the Russian Federation, contains substantive requirements that were not stated during the consideration of the case in the court of first instance, the judge, on the basis of Part 1 of Article 323 of the Code of Civil Procedure of the Russian Federation, makes a ruling to abandon the appeal, submissions without movement and sets a reasonable time limit for correcting the specified deficiency. However, the judge does not have the right to leave without progress an appeal or presentation containing substantive legal requirements that were not previously stated when considering the case in the court of first instance, but which the court of first instance, taking into account the provisions of Part 3 of Article 196 of the Code of Civil Procedure of the Russian Federation, should have resolved on its own initiative in cases provided for by federal law.

For example, in cases of deprivation and limitation of parental rights, the court decides the issue of collecting child support (clause 3 of Article 70 and clause 5 of Article 73 of the Family Code of the Russian Federation); when satisfying a claim to declare a transaction invalid, the court decides the issue of applying the consequences of the invalidity of the transaction (clause 2 of Article 166 and Article 167 of the Civil Code of the Russian Federation); when satisfying the consumer's demands, the court decides the issue of collecting a fine from the manufacturer (performer, seller, etc.) for failure to voluntarily satisfy the consumer's requirements (clause 6 of Article 13 of the Law of the Russian Federation "On the Protection of Consumer Rights").

The period for correcting the shortcomings of the appeal or presentation to the court of first instance should be set taking into account the real possibility of their elimination by the applicant, as well as the time required for sending and delivering postal correspondence, based on the territorial distance from the court of the applicant’s place of residence or location or other circumstances.

At the request of the applicant, the court of first instance, on the basis of Article 111 of the Code of Civil Procedure of the Russian Federation, may extend the period for correcting the shortcomings of the appeal complaint or presentation.

When applying Article 323 of the Code of Civil Procedure of the Russian Federation, it is necessary to keep in mind that the circumstances that served as the basis for leaving the appeal or presentation without progress are considered eliminated from the moment the necessary documents are received by the court of first instance, and the appeal or presentation is filed on the day of their initial receipt by court.

A private complaint may be filed against the judge’s decision to leave the appeal or presentation without progress, bringing the prosecutor’s presentation in the manner and within the time limit established by Chapter 39 of the Code of Civil Procedure of the Russian Federation.

The judge, in accordance with Article 324 of the Code of Civil Procedure of the Russian Federation, issues a ruling on the return of the appeal or presentation if he determines that the judge’s instructions contained in the ruling on leaving the appeal or presentation without progress were not fulfilled on time; the deadline for appeal has been missed and the applicant does not ask for its reinstatement or its reinstatement is denied; Before the case was sent to the appellate court, a request was received from the person to return his appeal, and the prosecutor withdrew the appeal, about which a corresponding written statement was submitted.

If a person who is not involved in the case does not comply within the time limit contained in the ruling on leaving the appeal without movement, the judge’s instructions on the justification for the violation of his rights and (or) the imposition of duties on him by the appealed court decision, then the judge, on the basis of Part 4 of Article 1 , paragraph 4 of part 1 of Article 135 and Article 324 of the Code of Civil Procedure of the Russian Federation issues a ruling on the return of the appeal.

In the event that an appeal or presentation is filed against a court decision that is not subject to appeal in the appellate procedure, the judge, on the basis of Part 4 of Article 1, Clause 2 of Part 1 of Article 135 and Article 324 of the Code of Civil Procedure of the Russian Federation, makes a ruling on the return of the appeal or presentation.

A private complaint may be filed against the determination to return the appeal or presentation, and a presentation from the prosecutor may be brought in the manner and within the time limit established by Chapter 39 of the Code of Civil Procedure of the Russian Federation.

In accordance with the provisions of Part 1 of Article 325 of the Code of Civil Procedure of the Russian Federation, after receipt of an appeal or presentation filed within the prescribed period and in compliance with the requirements imposed on them by Article 322 of the Code of Civil Procedure of the Russian Federation, or after the applicant has eliminated the shortcomings specified in the ruling on leaving the appeal or presentation without progress , the court of first instance is obliged to immediately send to the persons participating in the case copies of the appeal, presentation, along with copies of the documents attached to them.

To draw the attention of the courts to the fact that, within the meaning of Part 2 of Article 325 of the Code of Civil Procedure of the Russian Federation, all persons participating in the case must be given the opportunity to familiarize themselves not only with the appeal complaint, presentation, but also with the objections received to them before sending the case to the court of appeal.

In this regard, the court of first instance, when sending copies of the appeal, presentation and documents attached to them to the persons participating in the case, should indicate in the covering letter a reasonable period for submitting objections to them. This period is determined, in particular, taking into account the time required for sending and delivering postal correspondence, the territorial distance from the court of the place of residence or location of the persons participating in the case, the volume of the appeal, presentation, complexity of the case, etc. The period for submitting objections, taking into account the time of filing an appeal, presentation (for example, an appeal, presentation was filed on the last day of the appeal period) may be determined by the court outside the monthly appeal period established by Part 2 of Article 321 of the Code of Civil Procedure of the Russian Federation.

Taking into account the requirements of Part 2 of Article 325 of the Code of Civil Procedure of the Russian Federation, objections to appeals and presentations are sent to the court of first instance with copies according to the number of persons participating in the case.

The court of first instance, after the expiration of the period determined by the court for submitting objections, immediately sends the case to the court of appeal, but not earlier than the expiration of the period for appeal (Part 3 of Article 325 of the Code of Civil Procedure of the Russian Federation). If objections to an appeal or presentation were received by the court of first instance after the case was sent to the court of appeal, the objections are sent to the court of appeal with copies of them sent to the persons participating in the case.

Before sending the case to the court of appeal, the court of first instance, in accordance with Articles 200, 201 of the Code of Civil Procedure of the Russian Federation, should, on its own initiative, based on the arguments of the appeal, presentation or at the request of the persons participating in the case, correct a typo or obvious arithmetic error in the court decision, and also make an additional decision in cases provided for in Part 1 of Article 201 of the Code of Civil Procedure of the Russian Federation.

Draw the attention of the courts of first instance to the fact that, based on the requirements of Articles 200, 201 of the Code of Civil Procedure of the Russian Federation, the issue of correcting a typo, an obvious arithmetic error or making an additional decision is considered at a court hearing with notification of the persons participating in the case.

Arbitration appeal

According to statistics, the most common type of protest against court decisions is their appeal. According to the rules of procedural legislation of Russia, this role of “intermediaries”, evaluating the adopted rulings of the courts of first instance in disputes related to economic activities, is assigned to arbitration courts of appeal. During these processes, cases are considered whose decisions have not entered into legal force. An important step in challenging a verdict in arbitration is the competent preparation of a complaint, a sample of which we will consider in this article.

The purpose of any appeal is to challenge the unlawful determination of “Themis”. At the same time, arbitration courts act as “defenders” who check the correctness and fairness of adopted and appealed decisions. Such authorities consider conflicts only with the participation of entrepreneurs and enterprises. Their right to appeal is enshrined in Article 257 of the Arbitration Procedural Code of the Russian Federation (hereinafter referred to as the Arbitration Procedure Code of the Russian Federation).

Deadlines

The rules established for appeal in arbitration proceedings are almost identical to the rules in civil proceedings. Thus, the protest under consideration has a procedural period of 30 days from the date of announcement of the decision in the case, as for civil proceedings (Article 259 of the APC). It happens that, due to valid reasons, appellants miss the deadline for appeal, then it must be restored upon a petition submitted to the judge for consideration.

Claim Requirements

According to them, the structure of such a procedural document should consist of four parts:

1. Introductory;
2. Descriptive;
3. Motivational;
4. Resolution.

Let's take a closer look at how to format each paragraph.

Introductory block

Here fill out the so-called application header.

Please include the following information:

1. Name of the arbitration court.
2. The name of the judicial authority through which the complaint is submitted.
3. Applicant details:
The corporate name of a commercial organization or the full name of an individual entrepreneur (IP).
Legal address of the enterprise/individual entrepreneur.
Telephone.
4. Data of the defendant.
5. Information about all participants in the process.
6. Subject of the dispute (number of the decision being appealed).
7. The amount of state duty paid.

Descriptive block

This part is always preceded by the title of the document. Therefore, write “Appeal” in the center of the sheet and briefly indicate the data of the disputed determination. For example, “on the decision of the Arbitration Court of the Kaliningrad Region in case No. 1.” Then describe the details of the trial at first instance. Namely, the substance of the dispute and the decision made on it, as well as all the circumstances relevant to the case.

Motivational block

In this paragraph, provide the following information:

The grounds on which the order is being challenged;
legal assessment of your arguments;
references to legal norms.

Important: the reasoning part must contain a detailed legal assessment of the violations committed in the first instance arbitration.

Resolution block

In the final part, state your requirements and requests. The main thing is that they all fall under the authority of Themis, which is considering the controversial case. Their compliance can be taken into account by referring to Article 269 of the Arbitration Procedure Code of the Russian Federation. Below is a list of attached documents. Put the date and your handwritten signature.

In addition, the following “conditions” must be met:

The complaint must be submitted in written or printed form.
Spelling and syntax errors are unacceptable.
Copies of the complaint must be provided to all persons involved in the case.

Otherwise, having revealed gross violations in the appeal, the other party to the process may file an objection to it.

Complaint against the appellate ruling

A cassation appeal against an appellate ruling is the final authority in our judicial legislation for appealing against judicial decisions.

Let's consider the procedure for preparing and sending such a complaint to the cassation authority.

Judicial rules for drawing up a cassation appeal

The original complaint is signed by its originator. If this document is drawn up and signed by a representative, then he must attach to the complaint material a copy of the power of attorney containing such powers.

Unlike the appellate instance, certified copies of the appealed court decisions must be attached to the cassation appeal.

In this case they are:

The decision of the court of first instance,
- appellate determination.

This is due to the fact that, unlike the previous instance, the analyzed complaint is sent directly to the cassation instance, bypassing the court that issued the contested judicial act. The judge of such an instance will first consider only the complaint; he will request the case itself if he has doubts about the justice of the court’s decision in a civil case.

You can obtain such documents in the court of first instance, where the materials of the considered case are sent for storage. To do this, you need to write an application for the issuance of a court decision in a civil case, as well as an appeal ruling. Documents are issued bound and sealed by the court. Such judicial acts are issued free of charge.

The completed and signed complaint is copied in a number of copies equal to the number of parties to the case. Copies of the complaint are attached to the cassation materials (for civil proceedings) or sent by mail to all parties - participants in the court of first instance (for arbitration proceedings). If copies of complaints are sent by mail, the original postal receipts and descriptions of the contents of such correspondence are attached to the cassation materials.

Appealing a court decision and appellate ruling in cassation procedure involves paying a state fee. The size of the state duty is established in the Tax Code of the Russian Federation. The same code of laws establishes the conditions for exemption from payment of state fees, and also indicates categories of cases for which payment of state fees for filing a cassation appeal is not provided.

You should be aware that the original and not a copy of the receipt for payment of the state duty is attached to the materials of the complaint sent to the cassation instance. If in the cassation it is established that a copy of the receipt is attached to the complaint materials or there is no receipt at all, then such a complaint will be left without progress, and the initiator of the complaint will be asked to correct the identified shortcomings. Leaving the complaint without progress is accompanied by the issuance of a court ruling, a copy of which is sent to interested parties.

Within the time period established by the court ruling, the original payment receipt must be submitted to the court. In this case, it will not be enough to submit a letter with this document to the post office on the last day of the period specified in the determination. The court must receive the requested information by the specified calendar date.

A complaint against a court decision and an appeal ruling can be submitted directly to the cassation office or sent to its address by a valuable letter with acknowledgment of delivery. The period allotted by Russian legislation for a cassation appeal is considered to be met if it is received by the specified court on the last day allotted for this or submitted to the post office for correspondence before 24:00 of that day.

Objection to the appeal

As in the court of first instance when filing a statement of claim, in the appellate instance the defending party has the right to submit to the court its objections to the appeal. Since the author of the appeal can be both the plaintiff and the defendant, then, accordingly, any of the parties can write objections to it.

The right to file objections is provided for in Article 327 of the Civil Procedure Code of the Russian Federation. At the same time, the Code of Civil Procedure of the Russian Federation does not prescribe filing objections in any special format, that is, this document can be written in free form and there are no mandatory requirements for its execution.

According to the procedure for holding meetings in the appellate court, objections must be read out after the appeal is announced.

That is why objections are not a mandatory, but very desirable document. It usually contains arguments refuting the arguments of the person filing the appeal. In this case, the person preparing the objections is allowed (sometimes very desirable) to attach any new evidence that was not taken into account by the court of first instance, and the presentation of which may significantly weaken the arguments of the appeal.

Objections do not contain any demands on the court: their task is to “undermine” the position of the person who filed the appeal. It is worth noting that the law does not contain any requirements for the preparation of such a document, and therefore objections can be presented in free form. A sample objection is given below. At the same time, the meaning of the document may vary somewhat depending on whether it is prepared by the plaintiff or the defendant in a civil case.

Appeal against the decision of the district court

If the plaintiff or defendant disagrees with the decision of the court of first instance, they have the right to appeal such a decision. To do this, an appeal is filed with a higher court.

The general principles of filing an appeal are similar to a statement of claim, with the only difference being that the complaint does not set out the circumstances of the case, but only draws attention to what errors were made by the court when considering the case in the first instance.

At the same time, the complaint must indicate the motives of the court of first instance that guided it in making its decision, as well as carefully substantiated and verified objections.

In fact, the appellate court is considering the case again, therefore the requirements set out in the appeal are similar to the original statement of claim for the plaintiff (that is, to satisfy the claim), and for the defendant, accordingly, to leave the statement of claim without consideration, refuse to satisfy the stated requirements, terminate proceedings, etc.

In this case, it is allowed to present new evidence in the case, including those that were not taken into account (added to the case) by the court of first instance.

Before filing an appeal, you should carefully study Chapter 39 of the Code of Civil Procedure of the Russian Federation, in which both the plaintiff and the defendant will be able to find answers to many questions that arise. An example of an appeal is given below. However, some nuances may vary depending on the procedural position of the person and the nature of the stated requirements.

Consideration of the appeal

The right to appeal decisions of the court of first instance that have not entered into legal force can be appealed on appeal.

The right to appeal a court decision belongs to the parties and other persons participating in the case.

Persons who were not involved in the case and whose rights and obligations were resolved by the court also have the right to file an appeal.

Appeals are considered:

1) by the district court - on decisions of magistrates;
2) the supreme court of the republic, the regional, regional court, the court of a federal city, the court of an autonomous region, the court of an autonomous district;
3) the judicial collegium for civil cases of the Supreme Court of the Russian Federation, the Judicial collegium for administrative cases of the Supreme Court of the Russian Federation - on decisions of the supreme courts of republics, regional, regional courts, courts of federal cities, courts of an autonomous region, courts of autonomous districts, adopted by them on the first authorities;
4) the appeal board of the Supreme Court of the Russian Federation - on decisions of the Supreme Court of the Russian Federation adopted at first instance.

Procedure and deadline for filing an appeal

An appeal is filed through the court that made the decision within a month from the date the court decision was made in final form.

The appeal must contain:

1) the name of the court to which the appeal is filed;
2) the name of the person filing the complaint, his place of residence or location;
3) an indication of the court decision that is being appealed;
4) the requirements of the person filing the complaint, as well as the reasons why he considers the court decision to be incorrect;
5) a list of documents attached to the complaint or submission.

The appeal cannot contain claims that were not stated during the consideration of the case in the court of first instance.

A reference by the person filing the appeal to new evidence that was not presented to the court of first instance is allowed only if it is justified in the said complaint that this evidence could not be presented to the court of first instance.

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

The appeal is accompanied by a document confirming payment of the state fee, if the complaint is subject to payment.

The appeal, presentation and documents attached to them are submitted with copies, the number of which corresponds to the number of persons participating in the case.

Leaving appeals without progress

When filing an appeal that does not meet the necessary requirements, when filing a complaint that has not been paid the state fee, the judge, no later than five days from the date of receipt of the complaint, issues a ruling that leaves the complaint without progress and assigns the person who filed the complaint a reasonable period for correction shortcomings of the complaint.

If the person who filed the appeal fulfills the instructions contained in the judge’s ruling within the prescribed period, the complaint or presentation is considered filed on the day of its initial receipt by the court.

The appeal is returned to the person who filed the complaint in the following cases:

Failure to comply within the prescribed period with the instructions of the judge contained in the ruling on leaving the complaint or presentation without progress;
- expiration of the appeal period, if the complaint does not contain a request for restoration of the period or its restoration is refused.

The appeal is also returned at the request of the person who filed the complaint, if the case is not sent to the court of appeal.

The return of the appeal to the person who filed the complaint is carried out on the basis of the judge’s ruling.

Actions of the court of first instance after receiving an appeal

The court of first instance, after receiving an appeal filed within the prescribed period and meeting the necessary requirements, is obliged to send copies of the complaint, presentation and documents attached to them to the persons participating in the case.

Persons participating in the case have the right to submit to the court of first instance objections in writing regarding the appeal with the attachment of documents confirming these objections and their copies, the number of which corresponds to the number of persons participating in the case, and have the right to familiarize themselves with the materials of the case and the received complaints and objections regarding them.

After the expiration of the appeal period, the court of first instance sends the case with the appeal and the received objections regarding them to the appellate court.

Before the appeal period expires, the case cannot be sent to the appellate court.

Refusal of the appeal

Refusal of an appeal is allowed before the court issues an appeal ruling.

An application for refusal of an appeal shall be submitted in writing to the appellate court.

The appellate court issues a ruling on accepting the refusal of the appeal, which terminates the proceedings.

Termination of proceedings on an appeal due to its abandonment is not an obstacle to the consideration of other appeals if the corresponding decision of the court of first instance is appealed by other persons.

Refusal of the claim by the plaintiff, recognition of the claim by the defendant, settlement agreement between the parties in the court of appeal

The plaintiff’s refusal of the claim, recognition of the claim by the defendant or a settlement between the parties, made after the acceptance of the appeal, must be expressed in written statements submitted to the appellate court.

If the plaintiff’s refusal of the claim, the recognition of the claim by the defendant, the terms of the settlement agreement between the parties were stated at the court hearing, such refusal, recognition, conditions are entered into the minutes of the court session and signed accordingly by the plaintiff, the defendant, and the parties to the settlement agreement.

When accepting the plaintiff's refusal of the claim or when approving a settlement agreement between the parties, the appellate court cancels the court decision and terminates the proceedings.

If the defendant recognizes the claim and accepts it by the appellate court, a decision is made to satisfy the claims made by the plaintiff.

The procedure for considering a case by the court of appeal

The appellate court notifies the persons participating in the case of the time and place of consideration of the appeal in the appeal procedure.

Cases in appellate courts, with the exception of district courts, are considered collegially.

The court hearing of the appellate instance is opened by the presiding judge, who announces what case is being considered, whose appeal is subject to consideration and against the decision of which court this complaint is filed, finds out which of the persons participating in the case and their representatives have appeared, establishes the identity of those who have appeared, checks the powers of officials, their representatives and explains to the persons participating in the case their procedural rights and obligations.

The consideration of a case in a court of appeal in a collegial manner begins with a report by the presiding judge or one of the judges. The reporting judge sets out the circumstances of the case, the content of the decision of the first instance court, the arguments of the appeal and the objections received regarding them, the content of new evidence presented to the court, and also reports other data that the court needs to consider to verify the decision of the first instance court.

After the report, the appellate court hears the explanations of the persons participating in the case and their representatives who appeared at the court hearing. The first person to speak is the person who filed the appeal or his representative. If both parties appeal a court decision, the plaintiff will act first.

After explanations from the person who filed the appeal and other persons participating in the case and their representatives, the appellate court, if there are appropriate petitions, reads out the evidence available in the case, after which it proceeds to examine new evidence accepted by the court.

Upon completion of clarification of the circumstances of the case and examination of the evidence, the appellate court provides the persons participating in the case with the opportunity to speak in the judicial debate in the same sequence in which they gave explanations.

During each court hearing of the appellate court, as well as when performing certain procedural actions outside the court session, a protocol is kept.

Limits of consideration of the case in the court of appeal

The appellate court considers the case within the limits of the arguments set out in the appeal and objections to the complaint or presentation.

The appellate court evaluates the evidence available in the case, as well as additionally presented evidence. Additional evidence is accepted by the court of appeal if the person participating in the case has justified the impossibility of presenting it to the court of first instance for reasons beyond his control, and the court recognizes these reasons as valid. The appellate court issues a ruling on the admission of new evidence.

If only part of the decision is appealed in the course of appellate proceedings, the appellate court verifies the legality and validity of the decision only in the appealed part.

The appellate court, in the interests of legality, has the right to check the decision of the first instance court in full.

Regardless of the arguments contained in the appeal, the appellate court checks whether the court of first instance violated the rules of procedural law, which are grounds for canceling the decision of the court of first instance.

New claims that were not the subject of consideration in the court of first instance are not accepted and are not considered by the court of appeal.

Time limits for consideration of the case in the appellate court

A district court, the supreme court of a republic, a regional court, a court of a federal city, a court of an autonomous region, a court of an autonomous district shall consider a case received on appeal within a period not exceeding two months from the date of its receipt by the court of appeal.

The Supreme Court of the Russian Federation considers a case received on appeal within a period not exceeding three months from the date of its receipt.

Based on the results of consideration of the appeal, the appellate court has the right to:

1) leave the decision of the court of first instance unchanged, the appeal or presentation is not satisfied;
2) cancel or change the decision of the court of first instance in whole or in part and make a new decision on the case;
3) cancel the decision of the court of first instance in whole or in part and terminate the proceedings in the case or leave the application without consideration in whole or in part;
4) leave the appeal without consideration on the merits if the complaint is filed after the expiration of the period for appeal and the issue of restoring this period has not been resolved.

Resolution of the appellate court

The decision of the appellate court is made in the form of an appeal ruling.

The appeal ruling must indicate:

1) date and place of the ruling;
2) the name of the court that issued the ruling, the composition of the court;
3) the person who filed the appeal;
4) a summary of the appealed decision of the court of first instance, the appeal, the evidence presented, explanations of the persons participating in the consideration of the case in the court of appeal;
5) the circumstances of the case established by the court of appeal, the court’s conclusions based on the results of consideration of the appeal;
6) the reasons why the court came to its conclusions and a reference to the laws that guided the court.

If the appeal is left unsatisfied, the court is obliged to indicate the reasons why the arguments of the complaint are rejected.

The ruling of the appellate court indicates the distribution of legal costs between the parties, including costs incurred in connection with filing an appeal.

The ruling of the appellate court comes into force from the date of its adoption.

The grounds for canceling or changing a court decision on appeal are:

1) incorrect determination of circumstances relevant to the case;
2) failure to prove the circumstances relevant to the case established by the court of first instance;
3) discrepancy between the conclusions of the court of first instance, set out in the court decision, and the circumstances of the case;
4) violation or incorrect application of substantive law or procedural law.

Incorrect application of substantive law is:

Failure to apply applicable law;
- application of a law that is not subject to application;
- misinterpretation of the law.

Violation or incorrect application of procedural law is grounds for changing or canceling the decision of the court of first instance, if this violation led or could lead to the adoption of an incorrect decision.

The grounds for overturning the decision of the court of first instance in any case are:

1) consideration of the case by a court with an illegal composition;
2) consideration of the case in the absence of any of the persons participating in the case and not properly notified of the time and place of the court hearing;
3) violation of the rules on the language in which judicial proceedings are conducted;
4) the court makes a decision on the rights and obligations of persons not involved in the case;
5) the court decision was not signed by the judge or any of the judges, or the court decision was signed by the wrong judge or judges who were part of the court that considered the case;
6) absence of the minutes of the court session in the case;
7) violation of the rule on the secrecy of the meeting of judges when making a decision.

A decision of the court of first instance that is essentially correct cannot be overturned for formal reasons alone.

Cassation appeal against the appeal ruling

Cassation is the third stage of the judicial process. Its main difference from the appeal stage is that the court of this instance does not evaluate the evidence and facts established during the previous proceedings (Article 387 of the Code of Civil Procedure of the Russian Federation and 401.15 of the Code of Criminal Procedure of the Russian Federation).

Disagreement with the court's assessment of the evidence presented is not grounds for reviewing its decision in cassation. Therefore, a cassation complaint against an appeal ruling must contain references to articles of codes or laws, the provisions of which were violated by the decision of previous courts.

Evidence of significant (fundamental) violations of the law is required. The complaint is filed directly with the court of this instance (for example, the presidium of a regional or regional court).

Copies of the previously adopted decision and determination, certified by the blue mastic seals of the relevant court, must be attached to the submitted claim.

1. The name of the cassation court that will consider your complaint. You should choose a judicial body depending on the trial in which you are participating (criminal, civil or arbitration), as well as the court that heard the case on appeal.
2. Information about the applicant. Here you must indicate your last name, first name, patronymic, place of residence (location), as well as procedural status (that is, which party to the process or which of the participants you are).
3. Information about other persons participating in the case. The information is exactly the same as about the applicant. The court must know those persons who took part in the process, as well as their postal details, in order to send correspondence to them.
4. Next, you must indicate which decisions in your case have already been made by which courts. That is, first you indicate the court of first instance and the decision it made (on what date and in what case), briefly describe the essence of the claims and the arguments of the parties, talk about the essence of the decision made by the court with references to this court decision. After this, go to the appellate instance - everything is the same here: the court that made the appeal ruling, the date of the decision in the case, who initiated the appeal proceedings, what additional arguments were given by the parties, as well as the essence of the decision.
5. Since the cassation instance checks the legality of the decision made and its compliance with the norms of procedural and substantive law, it is then necessary to indicate which legal norms were violated by the court decision, as well as provide arguments in support of its position.
6. Then the request itself is indicated directly. For example, cancel the decision of the court of second instance, send the case for re-examination by the court of appeal, etc.
7. Below is the signature of the person filing the complaint. It is important to say that the law provides for the possibility of drawing up, signing and filing a complaint not personally by the participant in the process, but by his representative. But in this case, the cassation appeal must be accompanied by a power of attorney to represent interests, a warrant or other document confirming the authority of the signatory.
8. At the very end there is a list of documents that you are attaching to the complaint. Among the required documents, it should be noted: copies of court decisions of the first and second instances made by criminal courts. In the case of arbitration and civil proceedings, you must also attach a document confirming payment of the state fee. If there are grounds for receiving benefits, then documents confirming the existence of such grounds must also be attached to the complaint.

The procedure for filing a cassation appeal (where the complaint is filed and within what time frame):

1. A cassation appeal against an appeal ruling is filed in a number of copies equal to the number of participants in the process.
2. Unlike an appeal, a complaint should be filed not with the court that made the decision being appealed, but directly with the cassation instance.
3. Criminal proceedings do not provide for a maximum period for filing a cassation, with the exception of cases that are related to requirements that entail a worsening of the situation of the convicted person. For such complaints, the deadline for filing a cassation is 1 year from the date of entry into force of the appealed court decision.
4. The cassation court assesses the legality of the decision of the previous instance court within the limits of the requirements stated in the complaint.
5. The cassation court does not consider the case on its merits and does not make an independent decision on the case. He can only cancel the illegal decision of the previous court and order a new trial.

Restoring the deadline for an appeal

A civil case most often ends in a decision in which one party wins. The second party to the process, not satisfied with the outcome of the case, has the right to file an appeal and cassation complaint to a higher authority and challenge the decision.

The idea that the decision needs to be challenged may not come immediately, but after some time, and it may take more than one day to prepare an appeal.

According to current legislation, the period for filing an appeal in court is 1 month. A cassation appeal can be filed within 6 months from the date of entry into force of the contested court decision.

The specified period for filing an appeal and cassation complaint is provided for by the Civil Procedure Code of the Russian Federation (Civil Procedure Code of the Russian Federation).

So, by virtue of paragraph 2 of Art. 321 of the Code of Civil Procedure of the Russian Federation, an appeal may be filed within a month from the date of adoption of the court decision in final form, unless other deadlines are established by this Code.

In accordance with paragraph 2 of Art. 376 of the Code of Civil Procedure of the Russian Federation, court decisions can be appealed to a cassation court within six months from the date of their entry into legal force, provided that the persons specified in part one of this article have exhausted other methods of appealing against a court decision established by this Code before the date of its entry into force. into legal force.

So, from these norms it follows that an appeal must be filed within a month from the date of the decision, and a cassation appeal - within 6 months from the date the court decision enters into legal force.

But what should you do if the deadline for appealing a court decision has been missed? Is it possible to restore the deadline provided by law for filing a complaint?

Yes, the deadline for filing an appeal or cassation complaint can be restored.

Restoration of the procedural period provided for by law for filing an appeal or cassation complaint can be restored at the request of a person who is interested in this. It should be noted that the restoration of the procedural deadline does not occur in any case, but only when it was missed for a good reason.

A valid reason for missing the deadline for filing a complaint will have to be proven. The procedural deadline can be restored by the court only in some, exceptional cases, when the court recognizes valid reasons for missing it due to circumstances that objectively exclude the possibility of filing a cassation or supervisory appeal within the established period (serious illness of the person filing the complaint, his helpless condition, etc.), and these circumstances occurred within a period no later than one year from the date the appealed court decision entered into legal force.

The restoration of the procedural period occurs in accordance with Article 112 of the Code of Civil Procedure of the Russian Federation.

In accordance with paragraph 1 of Art. 112 of the Code of Civil Procedure of the Russian Federation, persons who missed the procedural deadline established by federal law for reasons recognized by the court as valid, the missed deadline may be restored.

Consequently, the court that will consider the application for the restoration of the procedural period will determine on a case-by-case basis whether the circumstances specified in the application are valid.

An application for restoration of a missed procedural period is submitted to the court in which the procedural action was to be performed and is considered at the court hearing.

This means that if an application is made to restore the deadline for filing an appeal, it will be considered by the court of first instance. Persons participating in the case are notified of the time and place of the court hearing, but their failure to appear is not an obstacle to resolving the issue brought before the court (clause 2 of Article 112 of the Code of Civil Procedure of the Russian Federation).

Simultaneously with filing an application for the restoration of a missed procedural period, the necessary procedural action must be taken (a complaint has been filed, documents have been submitted) in respect of which the deadline has been missed (clause 3 of Article 112 of the Code of Civil Procedure of the Russian Federation).

Based on the provisions of Art. 3 of the Code of Civil Procedure of the Russian Federation, an interested person has the right, in the manner established by the legislation on civil proceedings, to go to court with the protection of violated or disputed rights, freedoms and legitimate interests.

The limited period for appealing court decisions certainly violates the right to judicial protection, as well as Art. Art. 2, 18, 46 of the Constitution of the Russian Federation, based on which, everyone is guaranteed judicial protection of their rights and freedoms; recognition, observance and protection of the rights and freedoms of man and citizen are the main responsibility of the state, and they determine the meaning, content and application of laws, the activities of the legislative and executive powers and are ensured by justice.

In accordance with Resolution of the Plenum of the Supreme Court of the Russian Federation No. 29 “On the application by courts of the norms of civil procedural legislation governing proceedings in the cassation court,” when calculating the six-month period, it must be borne in mind that the time for consideration of cassation appeals or presentations in the cassation court is not taken into account.

Based on the above, you can ask the court not to include in the six-month period provided by law for filing a cassation appeal, the period during which the appeal of the appellate instance was considered.

A private complaint may be filed against a court decision to restore or refuse to restore a missed procedural deadline.

Appeal in a criminal case

An appeal in a criminal case is a procedural document, a form of appealing acts of lower courts to higher ones. This document is an appeal to the court with a request to review a decision made by a lower court that has not entered into force.

An appeal in a criminal case in accordance with the requirements established by the Code of Criminal Procedure of the Russian Federation can be initiated by a convicted or acquitted person, as well as their defenders and legal representatives, public or private prosecutor, prosecutor and other participants in the process to the extent that the judicial act affects their rights.

An appeal in a criminal trial gives the convicted person a chance to have the charges dropped. Filing a complaint from the prosecution allows you to achieve a stricter sentence and increased penalties. A distinctive feature of an appeal is that it is possible to file a rebuttal to a court ruling before the document enters into legal force. Court decisions that were made within the same legal proceedings are also subject to appeal.

The rules for filing an appeal establish that a document can be sent for consideration directly to the court that made the decision or directly to the judicial structure of the second instance. The decision of the magistrate must be appealed to the district structure, etc. It is important to understand that an appeal rarely makes a new decision in a criminal case.

The authority checks the presented facts and arguments, evidence and testimony, and the legality of the decision made. The appeal procedure for considering a criminal case does not allow the presentation of new circumstances and evidence. The production is designed to verify already existing facts.

A person filing an appeal against a criminal verdict must have reason to believe that the decision of the trial court is illegal and contrary to the current Code of Criminal Procedure.

At any stage of consideration of the issue in the court of second instance, the applicant has the right to withdraw the complaint and enter into a settlement agreement with the defendant. The waiver of the claim must be documented and submitted to the court.

Administrative appeal

The content of a complaint against a resolution in a case of an administrative offense that has not entered into legal force, or abbreviated as an appeal (the wording is not provided for by the Code of Administrative Offenses of the Russian Federation, but has become widespread, including in judicial practice; in this article it is used to simplify the presentation of the material) on Currently not provided for by law, however, it is advisable to adhere to the following recommendations:

The appeal must contain:

1) the name of the court or the chairman of the court to which it is addressed;

2) the name and information about the person filing the complaint, his place of residence or location;

3) names and information about other persons participating in the case, if any (for example, the victim), their place of residence or location; /in the absence of other persons participating in the case - an optional element/;

4) an indication of the court that examined the case of an administrative offense at first instance, and the content of the decision it made; /"By the resolution... found guilty... and sentenced..." - when presenting, the wording should be adhered to in accordance with the operative part of the resolution/;

5) “I don’t agree with the resolution... I consider it illegal and unfounded for the following reasons.”

Point out disagreement with the conclusions of the trial judge given in the decision on the case, their lack of motivation, inconsistency and groundlessness, the lack of proof of the alleged offense, the lack of proof in court of circumstances that are important for the correct resolution of the case in accordance with the law, the inconsistency of the conclusions of the trial court, set out in the resolution, the circumstances of the case, for violation of the norms of substantive and procedural law provided for by the Code of Administrative Offenses of the Russian Federation. Indicate the grounds for your disagreement, citing references to the law, provisions and requirements of regulatory legal acts, circumstances of the case, including those recorded in procedural and other documents available in the case file. It is advisable not to mix everything together and discuss each conclusion of the judge in the form of a separate section or block of the complaint. It is also advisable not to overload the complaint with unnecessary unimportant details. It is important to correctly define the subject of the argument, correctly, clearly and clearly formulate the argument itself, avoiding ambiguity of presentation and inaccuracy of formulation.

It is advisable to structure your arguments in the complaint in such a way that it is clear to the judge who will consider the complaint against the decision what you consider to be the most significant and what is less significant. It is advisable either at the beginning of the complaint after the introductory part, or at the end of the complaint before the pleading part, to provide a general conclusion in general phrases about violations of the law by the court of first instance.

Indicate what, in your opinion, violations of the law were committed when applying measures to ensure proceedings in a case of an administrative offense, when establishing, clarifying and recording circumstances that are important for the correct resolution of the case, in procedural documents, what exactly, in your opinion, are the violations by the court of first instance, significant violations of the law, substantive and procedural law (example wording in the complaint: “it was not taken into account that ..."; “the court did not apply the law that was subject to application”; “the court applied the law that was not subject to application”; “the court incorrectly interpreted the law”; “the case was considered by an unauthorized court”; “the case was considered in the absence of any of the persons participating in the case and were not notified of the time and place of the court hearing”; “during the consideration of the case, the rules on language were violated, where the legal proceedings are being conducted"; "the court resolved the issue of the rights and obligations of persons not involved in the case"; "the court did not resolve the questions: were the participants in the proceedings notified in the prescribed manner, did not find out the reasons for the non-appearance of the participants in the proceedings, did not make a decision to consider the case in the absence of these persons or to postpone the consideration of the case”, etc.).

Point out violations of procedural requirements provided for by law, which did not allow a comprehensive, complete and objective consideration of the case.

Indicate the presence of at least one of the circumstances provided for in Articles 2.9, 24.5 of the Code of Administrative Offenses of the Russian Federation, if any (wording in the complaint: “... it was not taken into account that...”).

Provide information that, in your opinion, substantiates the lack of proof of the circumstances or conclusions referred to by the court of first instance in the ruling on the case as evidence in the case, as evidence of your guilt in committing the offense charged to you, and on the basis of which the appealed decision was made. Provide information and arguments about the unmotivated nature of the decision in the case.

Understand that the legality of court decisions designated as the subject of judicial proceedings in the appellate and supervisory procedures is associated with the correct application of administrative law. In this regard, in your complaint you should certainly indicate the violations committed by the court of first instance of the norms of the Code of the Russian Federation on Administrative Offenses when examining or evaluating evidence, which influenced the correctness of the court’s determination of the factual circumstances of the case and led to a miscarriage of justice.

Provide information about your arguments stated but not considered in the court of first instance, justifying your conclusion that the court’s decision in the case was unmotivated by the fact that a legal assessment of your arguments was not given in the resolution and the corresponding arguments, for example, are not reflected in the resolution in the case (wording in the complaint: "... the argument about..." was not taken into account).

Provide information about contradictions in the testimony of witnesses that were not taken into account by the judge when making a decision on the case, but indicate discrepancies in the presentation of the factual circumstances of the case, calling into question the event and the composition of the offense charged, compliance with the requirements of the law on the part of the official who compiled the administrative material, when applying measures to ensure the proceedings in the case and the procedure established by law for bringing to administrative responsibility when initiating a case of an administrative offense, in collecting and recording the evidence base in the case, etc. (wording in the complaint: “... it is not taken into account that.. ").

In an appeal, in contrast to a supervisory complaint, it is necessary to indicate the arguments on the merits of the offense charged, including, it makes sense to indicate violations of the procedural requirements of the law on the part of the IDPS when applying measures to ensure proceedings in a case of an administrative offense, violations established by law and regulatory legal acts of order and procedure for carrying out procedural actions, requirements for collecting and consolidating the evidence base in procedural and other documents. It should also indicate what rights or legitimate interests of a person are violated by a court decision and motivate what exactly the violation of the unity of judicial practice consists of with appropriate justification by reference to decisions of the Plenums of the Supreme Court of the Russian Federation and decisions of the Constitutional Court of the Russian Federation.

If the purpose of your defense at this stage of appealing the decision is to change the penalty or reclassify the offense, then you should focus on presenting to the court information and arguments about the presence of mitigating circumstances and innocence in terms of the offense charged or in terms of the excessiveness of the punishment imposed by the court of first instance.

Often, such a common mistake is made when drawing up a complaint as stating one’s opinion on the alleged offense, rather than one’s disagreement with the conclusions given in the decision on the case. Remember: you are filing a complaint against the decision in the case, and not a complaint against the actions (inaction) of officials and the judge, and therefore, first of all, you should refute the conclusions of the court that form the basis of the decision in the case and indicate what exactly the inconsistency is conclusions of the court, substantiating this, inter alia, with arguments on the merits of the offense charged, and arguments on the circumstances of the event, and arguments on the administrative material and the case materials as a whole, and on the evidence available in the case materials and which the court used as the basis for the decision, as the basis for a conclusion about your guilt.

6) a list of evidence, petitions, other documents and materials attached to the complaint, if any. We recommend that these documents be submitted not in the form of separate documents, but as an appendix(es) to the complaint against the decision, indicating this in the complaint itself, both in the text of the complaint (links) and before the pleading part of the complaint (application or appendices);

7) request of the person filing the complaint. Mandatory: “cancel” or “change” the resolution. Avoid telling the judge what else he should do, such as “remand the case for a new trial”;

8) the complaint must be signed by the person filing the complaint or his defense attorney. The complaint filed by the defense attorney is accompanied by a power of attorney or other document certifying the authority of the defense attorney, which must directly indicate and be certified by your signature the right of this person to appeal the decision in the case. If the case file already contains a corresponding document and the complaint is filed through the judge who issued the decision, then a document certifying the authority of the defense attorney does not need to be attached;

9) the appeal and the documents attached to it are submitted with copies, the number of which corresponds to the number of persons participating in the case, if any;

As part of administrative proceedings, you can file a complaint in an abbreviated version (the so-called “short complaint”), without a detailed presentation of the arguments, in the form of a simple statement of your disagreement with the decision in the case (see the wording in paragraph 5) and a summary of the arguments or one- two reasons. This is not prohibited by the Code of Administrative Offenses of the Russian Federation, but is often negatively perceived by the judge who accepts the relevant complaint for consideration, especially in the absence of arguments at all.

Advice: don’t create problems for yourself and provide at least 1-2 reasons. The remaining arguments, as well as their detailed presentation, can be presented as an addition to the complaint before the court hearing or directly at the meeting itself.

We advise you, if possible, to study the practice of the judge who received the complaint against the decision. However, you should not limit yourself to studying only decisions on similar cases. Useful information is also contained in other cases of this judge, which will make it possible to build a more complete psychological portrait of the judge, identify the positive and negative sides of the judge, and, therefore, predict and build a more complete defense when considering a complaint.

It also makes sense to analyze the practice of higher courts and the Supreme Court of the Russian Federation on specific arguments that are planned for use in defense.

A complaint against a decision in a case of an administrative offense may be filed within ten days from the date of delivery or receipt of a copy of the decision.

According to part 3 of Art. 4.8 of the Code of Administrative Offenses of the Russian Federation, the period calculated in days expires on the last day of the established period. If the end of a period calculated in days falls on a non-working day, the last day of the period is considered to be the first working day following it.

If the deadline provided for by law is missed, the specified period, at the request of the person filing the complaint, may be restored by a judge or official authorized to consider the complaint.

A complaint against a decision in a case of an administrative offense is submitted to the judge, body, or official who issued the decision on the case and who are obliged to send it with all the materials of the case to the appropriate court, higher body, or higher official within three days from the date of receipt of the complaint.

A complaint can be filed directly with a court, a higher authority, or a higher official authorized to consider it.

A complaint against a decision in a case of an administrative offense is not subject to state duty.

A complaint against a decision in a case of an administrative offense is subject to consideration within ten days from the date of its receipt, along with all materials of the case, by the body or official authorized to consider the complaint.

A complaint against a decision in a case of an administrative offense is subject to consideration within two months from the date of its receipt, along with all the materials of the case, by the court competent to consider the complaint.

The judge or higher official are not bound by the arguments of the complaint and check the case in full.

The decision based on the results of consideration of a complaint against a decision in a case of an administrative offense must contain the information provided for in Part 1 of Article 29.10 of the Code of the Russian Federation on Administrative Offenses.

Feedback on the appeal

An appeal may be filed against any decision of a magistrate or district court that considered a civil case at first instance.

Participants in the process have the right to present their objections (reviews) to the arguments of the appeal. Often, objections to a complaint are called reviews. This name does not correspond to the Civil Procedure Code of the Russian Federation. Article 325 of the Code directly speaks of filing objections to a complaint or presentation of a prosecutor. However, in some situations, a review would be a more appropriate title for the document, reflecting the position of the applicant.

In the response to the appeal, you can indicate the circumstances that are important for the consideration of the case, and draw the attention of the higher court to the evidence that was assessed in the court decision. The review should not contain arguments that would allow it to be regarded as an appeal. In this case, the review, and, in fact, the appeal, will be left without progress, the applicant will be asked to correct the existing shortcomings and bring the complaint into compliance with the requirements of the procedural law.

Updated 07/03/2019

Lawyer, total work experience - more than 5 years. Experience gained in advising citizens on civil matters; conducting cases in courts; in the development of claims, statements of claim, etc.

Reviewer:

Total experience as a lawyer is more than 20 years, experience in private legal practice is more than 18 years. He has accumulated extensive experience in handling cases of legal entities and civil persons in courts of general jurisdiction and Arbitration.

2017-06-09T07:14:17+03:00

An appeal is a challenge to a court decision. Find out how to write and submit an appeal, what are the deadlines for filing and consideration, a sample application Deadlines for filing and consideration

If the court of first instance makes a decision that does not suit one of the parties, the plaintiff or defendant has the opportunity to achieve a favorable outcome of the case. One way is to file an appeal to challenge a court decision that is not in your favor. This procedure is used when considering various categories of cases. The law establishes a special procedure for its preparation and submission. The current regulations also limit the period for filing an appeal.

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The difference between an appeal and a cassation

Along with an appeal, a cassation complaint is often mentioned. Persons who are not professionals do not always distinguish them. A citizen who is not privy to legal subtleties may identify both of these documents and not think about what a cassation or appeal is. There is a reason for this: they have a number of common characteristics. Appeal and cassation are similar in the following:

• both documents can be filed with the aim of overturning the decision of the court of first instance;
• Similar rules apply for appeal and cassation;
• the circle of subjects who have the right to send these complaints is identical.

Appeal in an administrative case

1. The document is sent directly to the court of the next instance.
2. You can file an appeal against the court decision within 10 days after the verdict is passed. If the applicant is in custody, then this period begins to be calculated from the moment he is given a copy of the act.

The price of errors and inaccuracies in a document may be the freedom of a citizen or his property well-being. For this reason, it is recommended to involve a lawyer who is well-established in such cases in drafting and filing the complaint.

How to write an appeal against a court decision in a civil case

Appeals against judicial acts in civil cases that have not entered into force are provided for in Chapter 39 of the Code of Civil Procedure of the Russian Federation. The law establishes the following features of challenging decisions:

The requirements for the content of the document are similar to the rules relating to administrative proceedings. The complaint must contain information about the authority considering it, the parties, the applicant’s arguments and his demands, as well as a list of accompanying materials (documents, receipts, etc.).

Filing an appeal in arbitration cases

Challenging decisions in civil cases in the economic sphere is regulated by Chapter 34 of the Arbitration Procedure Code of the Russian Federation. Unlike civil proceedings, the arbitration process involves sending a document directly to the appellate court.

The general period for challenging an act is 30 days from the date of production of its full text. The appeal period will be limited to 15 days if the decision was made in a summary manner.

Additionally, you can study information about which.

The period for filing an appeal will be 10 days if:

• the case concerns the involvement of the applicant in;
• the subject of consideration was a document on bringing to administrative responsibility issued by the executive body;
• if the decision concerns forcing the convening of a general meeting of the organization’s participants.

The document can be transmitted through the office, sent by mail or through the court website.

Time limits for consideration of an appeal

The law limits the period within which a complaint must be considered. For administrative cases, it is 2 months from the date of receipt of materials. If the appeal is considered by the Supreme Court, the period is 3 months.

A similar procedure is established for civil cases.

A 2-month limitation is provided for when considering appeals in the arbitration process. The law allows for the possibility of extending this period to 6 months if this is due to a large number of participants or other circumstances that make the case considered complex.

Complaints filed in connection with convictions are subject to review within a 30-day period. If the Supreme Court is the appellate authority, the period for completing the procedure is extended to 45 days.

State duty when filing an appeal

One of the conditions for challenging a court decision is the payment of the fee required by law. The state fee for an appeal is established in Chapter 25.3 of the Tax Code of the Russian Federation.

Its size is not related to the sphere of legal proceedings, but to a specific institution of themis. The state fee for filing an appeal, which is sent to the courts of general jurisdiction, is 150 rubles for citizens and 3,000 rubles if the decision is challenged by a legal entity.

If the case relates to economic disputes, then different rules will apply. The state fee for an appeal to the arbitration court will be 3,000 rubles, regardless of the applicant’s status.

Before challenging any decision, you must ensure that all required documents are available. It is also important to determine whether the state duty has been paid correctly. An appeal against a decision of an arbitration court or other institution will be left without progress if the required payment is not transferred in accordance with the details.

What are the grounds for filing an appeal?

Any citizen who is one of the parties to the trial has the right to appeal the decision of the court of first instance if he has reason to believe that the court made an unfair (illegal) decision or did not take into account all the materials and nuances of the case when making it.

The appellate court does not consider the case on its merits, that is, from scratch. But during the appeal proceedings, the parties may present additional evidence in the case and invite witnesses who did not take part (were not represented) in the 1st instance. It is worth noting that such evidence, like witness statements, is considered by the courts of the 2nd instance only in cases where the person filing the appeal manages to prove that they were not presented to the court of the 1st instance for objective reasons.

It is also important to note that the court of appeal considers the case only within the limits established in the complaint. This means that if we are talking about appealing only part of the court decision, the case will not be considered on the remaining points (exceptions are made only in relation to the rules of procedural law). Regardless of whether the complaint indicates the need to verify the procedural legality of the decision of the court of 1st instance, the duties of the appellate court include checking the decision for compliance with procedural rules of law.

To confirm or refute the legality of decisions made by lower courts, the appellate court has the right to carry out a full review of decisions for their compliance with the legislation in force in the territory of the Russian Federation. In practice, this is quite rare, but Part 2 of Art. 327.1 of the Code of Civil Procedure of the Russian Federation reserves such a right for the courts of appeal.

It should be mentioned that appellate courts consider only those cases in which the decisions of the first instance courts have not yet entered into legal force. According to the norms of the current legislation, a period of 30 days from the date of its issuance is allotted for appealing the decision of the court of first instance. Thus, you can file a complaint during this period, but your complaint will be submitted to the appellate court no earlier than a month from the date of the first decision in the case. The exception is cases where the deadline for appeal was missed for a valid reason, after which it was reinstated in court.

Who should file an appeal?

In accordance with Article 320 of the Code of Civil Procedure of the Russian Federation, the plaintiff, defendant, prosecutor (if he took part in the consideration of the case), as well as other participants in the process have the right to file an appeal.

It is important to say that the court can, by its decision, determine the circle of persons who did not take part in the case, but whose interests are affected and, in the opinion of the court, taken into account in the decision made.

To which court, how long will it take to file an appeal and by whom will it be considered?

According to Art. 321 of the Code of Civil Procedure of the Russian Federation, an appeal is filed through the court that made the decision in the first instance. Thus, if you are going to appeal, for example, a decision of the magistrate’s court, then take your complaint there. It should also be noted that in accordance with procedural legislation, if a complaint is filed directly to the appellate instance, it must be forwarded to the court of the first instance in order to comply with the procedural order of its filing.

As soon as the period for appeal, which we talked about above (a month), has expired, the appeal, along with a full set of documents attached to it, must be sent to the appellate court, and copies of it must be sent to the participants in the proceedings.

Where is the appeal filed?

The appellate instance is determined depending on which judicial body of the 1st instance considered the case. So, for example, when it comes to decisions of magistrates' courts, they are appealed in district courts, where they are considered by judges alone. When it comes to those decisions that are made by district and garrison military courts, appeals are carried out in the regional (regional), supreme republican courts and courts of cities of republican significance. In turn, when it comes to decisions of the latter, adopted in the 1st instance, their consideration is carried out by the collegium for civil proceedings of the Supreme Court of the Russian Federation.

As for decisions made by district (naval) courts, their appeal through the appellate procedure takes place in the judicial panel for cases of military personnel of the Armed Forces of the Russian Federation. If the court of first instance was the Supreme Court of the Russian Federation, then in this case the appellate body will be the Appellate Board of the Supreme Court of the Russian Federation.

What time limits are given for consideration of appeals?

Art. 327.2 of the Civil Code of the Russian Federation indicates that in the appellate instance (except for situations where the Supreme Court of the Russian Federation or its panel acts as such), a complaint received to it must be considered within a period not exceeding 2 months from the date of its receipt for consideration.

When the Supreme Court of the Russian Federation (collegium of the Supreme Court of the Russian Federation) acts as the court of appeal, then the period for considering complaints is 3 months from the date of their receipt.

Feedback or objections to the appeal?

Art. 262 of the Code of Civil Procedure of the Russian Federation provides that a person who participates in the case (as a rule, this is the defendant or a third party filing independent claims) draws up a response to the claim. At the same time, the Code of Civil Procedure of the Russian Federation does not contain such a term as objections. We conclude that it is synonymous with the term “review”, which is used in everyday life.

A document is attached to the document, which confirms the words of the author of the review. He must also confirm the fact that the response was sent to other participants in the case (postal receipts).

If the response is submitted not by a citizen who is participating in the case, but by his representative, it must be accompanied by a power of attorney for the right to represent the interests of the participant in the case.

Don't know your rights?

What is the basis for leaving the appeal without progress, and what are the reasons for its return?

The law stipulates a number of situations in which an appeal may be left by the courts without progress or there may even be talk of returning it to the person who filed the appeal.

In particular, it can be left without movement if its content does not comply with the requirements of the law. Also, complaints remain without progress in cases where the persons who filed them do not pay the state duty on time.

If the court finds grounds for leaving the complaint without progress, it must make a ruling on this no later than 5 days from the date of receipt of the documents by the court. In this ruling, the court sets a reasonable time limit for the person filing the complaint to eliminate the violations. If the violations are eliminated within the specified period of time, the complaint is considered filed from the moment the documents are initially received by the court.

In addition, in several cases the complaint is returned to the person who filed it:

• if the violations identified by the court were not eliminated within the prescribed period;
• if the period established for appealing a court decision has expired, and the appeal does not contain a request for its renewal (or this request was rejected by the court);
• in case of withdrawal of the appeal by the person who filed it.

It is important to note that in order to return a complaint, the court must make an appropriate decision. This decision can also be appealed by filing a private complaint.

Refusal of a filed complaint, reconciliation of the parties or conclusion of a settlement agreement

At all stages - from the moment the appeal is accepted until the court issues an appeal ruling - the parties and participants in the process have the right:

• for reconciliation;
• waiver of claims;

Refusal of a filed appeal is possible until the appellate court makes its ruling. Refusal means that a person submits a statement that there is no longer any interest in appealing the decision of the court of first instance. Based on such an application, the court makes an appropriate ruling, and the proceedings are terminated.

Waiver of claims, recognition of the claim by the defendant, as well as the conclusion of a settlement agreement are also carried out on the basis of the submitted application.

Mandatory attributes of an appeal

In accordance with Art. 322 of the Civil Procedure Code of the Russian Federation, appeal must contain a number of required attributes:

1. The name of the court to which this complaint is addressed (we talked above about how to determine the addressee).
2. Information about the person who is filing the complaint.
3. Details of the trial that resulted in the decision and which you intend to appeal (case number, date of the decision).
4. A list of requirements that you put forward. That is, if you demand that the said decision be canceled completely, then write so; if, for example, you are not satisfied only with the amount of the payment determined by the court, then indicate that you are asking to reconsider its amount, etc.
5. Justification of why you believe that the court made an illegal or unfair decision, with references to specific rules of law that, in your opinion, were violated.
6. List of documents that are attached to your complaint. This may include evidence (if it is presented to the court for the first time, then it is necessary to indicate the circumstances why this was not done in the first trial), other materials you have that are relevant to the case under consideration, as well as a document confirming the payment of the state fee.

It is important to note that in an appeal you cannot assert claims that you did not assert in the first trial. For example, if you are a plaintiff and demanded to recover from the defendant the amount of debt and interest for the use of someone else’s money, then as part of the appeal proceedings you cannot additionally demand compensation for moral damage.

The appeal must be signed personally by the person who filed it, except in cases where he acts through his representative. In the latter case, the complaint must also be accompanied by a power of attorney to represent your interests by other persons.

It is impossible not to take into account the fact that the complaint itself, as well as the documents that are attached to it, must be presented in a quantity corresponding to the number of persons participating in the case. That is, you submit a complete set of documents to the judicial authority:

• for court;
• 2 parties to the dispute;
• other persons who were involved in the process.

To make it easier for you to imagine what such a document looks like in practice, we will provide a simple example of an appeal.

Sample appeal

Khabarovsk Regional Court

680001, Khabarovsk, st. Tikhaya, 2

From plaintiff Maria Vladimirovna Komarova

680010, Khabarovsk, st. Krasnoarmeyskaya, 1, apt. 1

APPEAL

On the decision of the Central District Court of the Khabarovsk Territory in case No. 1111 of March 11, 2017, according to the application of Maria Vladimirovna Komarova.

On December 13, 2016, between me and Maxim Viktorovich Pavlov, a rental agreement was concluded for residential premises located at the address: Khabarovsk, Mirnaya Street, building 12, apartment 43, according to which I, as a tenant under the agreement, had to deposit , indicated by M.V. Pavlov, a sum of money in the amount of 20,000 rubles (twenty thousand rubles 00 kopecks) as payment for a month’s stay until December 15, 2016. According to the terms of clause 1.4 of the said agreement, M. V. Pavlov was supposed to give me the keys to the specified residential premises and provide unhindered access to the apartment from December 16, 2016. Pavlov did not fulfill these terms of the agreement.

In response to a question about the reasons for such actions, M.V. Pavlov explained that he had no desire to rent out the said apartment and refused to return the money. On December 20, 2016, I compiled and sent a letter to M.V. Pavlov, in which I asked to return the amount of money unreasonably paid to him, but I never received a response.

On January 13, 2017, I filed a statement of claim with the Central District Court of the Khabarovsk Territory, in which I asked to recover the funds I had paid, as well as to collect from the defendant a fine in the amount of 10,000 rubles (ten thousand rubles 00 kopecks), provided for in clause 3.5 of the prisoner There is a rental agreement between me and M.V. Pavlov.

The court, having considered the case in open court, partially satisfied my demands. He recognized my right to receive the funds paid, but refused to pay me a fine in the specified amount, satisfying the defendant’s request to calculate the penalty at the refinancing rate of the Central Bank of the Russian Federation. Thus, the total amount that the court ordered M.V. Pavlov to pay was 20,412.50 rubles. (twenty thousand four hundred twelve rubles. 50 kopecks).

I consider this court decision to be a violation of Art. 330 Civil Code of the Russian Federation.

In accordance with Art. 228 and 330 of the Civil Procedure Code of the Russian Federation, I ask the court to change the decision of the Central District Court of the Khabarovsk Territory in case No. 1111 of March 11, 2015 in terms of determining the amount of the fine to be paid by M.V. Pavlov, and to establish the amount of the fine in accordance with clause 3.5 concluded rental agreement - in the amount of 10,000 rubles. (ten thousand rubles).

Applications:

• copy of the document confirming payment of the state duty - 1 copy. for 1 l.;
• copies appeal— 2 copies. for 2 l.;
• copy of the residential lease agreement - 2 copies. for 4 l.;
• copy of the letter addressed to Pavlov M.V. - 2 copies. for 2 l.

(personal signature) Maria Vladimirovna Komarova

The court of first instance considered the case not in your favor??? Don't despair. The legislator gives us a second chance in the form of the right to file an appeal. Let's try to figure out what the Appeal is.

An appeal is an appeal against court decisions that have not entered into legal force.

Any citizen who is one of the parties to the trial has the right to appeal the decision of the court of first instance if he has reason to believe that the court made an unfair (illegal) decision or did not take into account all the materials and nuances of the case when making it.

The deadline for filing an appeal is 1 month from the date of the final court decision.

Where to file an appeal and who will consider it?

An appeal is filed with the court that made the contested decision. There is no need to send the complaint to a higher court yourself, because it will still be returned back to the court of first instance.

When filing an appeal, personally mark its acceptance by the office employee on your copy of the complaint, which you must take with you to the court. If the appeal is sent to the court by mail, do so by registered mail with return receipt requested. Then you will know when the complaint was received by the court.

A prerequisite is to attach copies of it according to the number of persons participating in the case. The appeal is paid by state duty, the original receipt is also attached to the complaint.

You do not need to attach to your complaint documents that are already in the case, including a copy of the court decision. The appellate court will examine the entire civil case.

The progress of the appeal should be monitored. If the complaint is left without progress, it is necessary to promptly obtain a copy of the court ruling and make the necessary amendments within the prescribed period. When returning the appeal, the court also issues a ruling indicating the reasons for such a procedural action.

What time limits are given for the consideration of appeals?

The period for consideration of an appeal in courts of general jurisdiction (except for the Supreme Court of the Russian Federation) is no more than 2 months from the date the case was received by the court.

The period for consideration of an appeal in the Supreme Court of the Russian Federation is no more than 3 months.

Mandatory attributes of an appeal

An indication of the court decision being appealed and the requirements of the person filing the appeal must be provided. In addition, the reasons are given why the person appealing the decision considers it incorrect.

The requirements presented in the appeal must be consistent with the case considered. If the court of first instance did not consider them, then they should not be in the appeal.

The appellate court considers the case on its merits, that is, from scratch. During the appeal proceedings, the parties may present additional evidence in the case and invite witnesses who did not take part (were not represented) in the first instance. But it is worth noting that such evidence, like witness statements, is considered by the appellate courts only in cases where the person filing the appeal manages to prove that they were not presented to the trial court for objective reasons. Such reasons may be illness, relocation, performance of official duties.

The appeal is signed by the person filing the complaint or his legal and authorized representative. In the second case, documents (power of attorney) certifying the authority of the representative are attached to the complaint, if they are absent in the case under consideration.

If payment is due, then a document (receipt) confirming payment of the state duty is submitted along with it.

The appeal itself and all attached documents are submitted along with copies according to the number of persons participating in the case. A list of additional documents is provided in the complaint.

In several cases, the complaint is returned to the person who filed it:

• if the violations identified by the court were not eliminated within the prescribed period;
• if the period established for appealing a court decision has expired, and the appeal does not contain a request for its renewal (or this request was rejected by the court);
• in case of withdrawal of the appeal by the person who filed it.

Also, complaints remain without progress in cases where the persons who filed them do not pay the state duty on time.

It is important to note that in order to return a complaint, the court must make an appropriate decision. This decision can also be appealed by filing a private complaint.

Refusal of a filed complaint, reconciliation of the parties or conclusion of a settlement agreement

At all stages - from the moment of adoption to the moment the court issues an appeal ruling - the parties and participants in the process have the right:

• for reconciliation;
• waiver of claims;
• refusal of the complaint.

Refusal of a filed appeal is possible until the appellate court makes its ruling. Refusal means that a person submits a statement that there is no longer any interest in appealing the decision of the court of 1st instance. Based on such an application, the court makes an appropriate ruling, and the proceedings are terminated.

Waiver of claims, recognition of the claim by the defendant, as well as the conclusion of a settlement agreement are also carried out on the basis of the submitted application.