1. An appeal or presentation must contain: 1) the name of the appellate court to which the complaint or presentation is filed; 2) information about the person who filed the appeal or presentation, indicating his procedural status, place of residence or location; 3) an indication of the verdict or other court decision and the name of the court that decided or issued it; 4) the arguments of the person who filed the appeal or presentation, indicating the grounds provided for in Article 389.15 of this Code; 5) a list of materials attached to the appeal or presentation; 6) signature of the person who filed the appeal or presentation.
1.1. The person who filed the appeal or presentation, in support of the arguments presented in the complaint or presentation, has the right to file a petition for the court of appeal to examine the evidence that was examined by the court of first instance, which must be indicated in the complaint or presentation, and provide a list of witnesses, experts and others persons subject to summons for this purpose to the court hearing. If a request is made to examine evidence that was not examined by the court of first instance (new evidence), then the person is obliged to justify in the appeal or presentation the impossibility of presenting this evidence to the court of first instance.
2. The appeal of a person not participating in the criminal case must indicate what rights and legitimate interests of this person were violated by the court decision.
3. If a convicted person applies for participation in the consideration of a criminal case by an appellate court, this is indicated in his appeal or in objections to complaints and submissions brought by other participants in the criminal process.
4. If the appeal or presentation does not comply with the requirements established by parts one, one_1 and two of this article, which prevents the consideration of the criminal case, the appeal or presentation is returned by the judge, who sets a deadline for their re-drafting. If the judge’s requirements are not met and the appeal or presentation is not received within the time limit set by the judge, they are considered not filed. In this case, the verdict or other appealed court decision is considered to have entered into legal force.
(Part as amended, entered into force on August 1, 2013 by Federal Law of July 23, 2013 N 217-FZ.
The procedure for appealing court decisions of a magistrate in criminal cases
Information for citizens » Appeal procedure » Procedure for appealing court decisions of a magistrate in criminal cases
- The procedure for appeal and cassation appeals against court decisions in criminal cases
- The procedure for applying to the supervisory court
criminal cases.
The right to appeal a court decision belongs to the convicted, acquitted, their defenders and legal representatives, the state prosecutor and (or) a higher prosecutor, the victim, the private prosecutor, their legal representatives and representatives, as well as other persons to the extent that the appealed court decision affects their rights and legitimate interests.
A civil plaintiff, civil defendant or their legal representatives and representatives have the right to appeal a court decision insofar as it relates to the civil claim.
In accordance with the requirements of Chapter 45.1 of the Criminal Procedure Code of the Russian Federation, decisions of the court of first instance that have not entered into legal force can be appealed by the parties on appeal.
Determinations or decisions on the procedure for examining evidence, on satisfying or rejecting petitions of participants in the trial and other court decisions made during the trial are appealed on appeal simultaneously with the appeal of the final court decision in the case, with the exception of court decisions specified in part three of this articles.
Before the final court decision is made, the magistrate's decisions to return the application to the person who filed it or to refuse to accept the application for proceedings are subject to appeal; court decisions or rulings on the selection of a preventive measure or on the extension of its validity, on the placement of a person in a medical organization providing medical care in an inpatient setting, or in a medical organization providing psychiatric care in an inpatient setting, for conducting a forensic examination, on the seizure of property, on establishing or extending the period of arrest imposed on property, on suspending a criminal case, on transferring a criminal case to jurisdiction or on changing the jurisdiction of a criminal case, on returning a criminal case to the prosecutor; other court decisions affecting the rights of citizens to access justice and to consider a case within a reasonable time and preventing further progress of the case, as well as private rulings or decisions.
An appeal against a ruling or ruling made during a trial does not suspend the trial.
An appeal or presentation is brought through the court that rendered the sentence or issued another appealed court decision.
Appeals and submissions are submitted:
1) against a verdict or other decision of a magistrate – to a district court;
2) for a verdict or other decision of a district court, garrison military court - to the judicial collegium for criminal cases of the supreme court of the republic, regional or regional court, court of a federal city, court of an autonomous region, court of an autonomous district, district (naval) military court;
3) for an interim decision of the supreme court of a republic, a regional or regional court, a court of a federal city, a court of an autonomous region, a court of an autonomous district, a district (naval) military court - to the judicial collegium for criminal cases of the relevant court;
4) for a verdict or other final decision of the supreme court of a republic, a regional or regional court, a court of a federal city, a court of an autonomous region, a court of an autonomous district, a district (naval) military court - respectively, to the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation, the Judicial Collegium for Military Personnel of the Supreme Court of the Russian Federation;
5) against the decision of a judge of the Supreme Court of the Russian Federation - to the Appeal Board of the Supreme Court of the Russian Federation.
An appeal, submission against a sentence or other decision of the court of first instance can be filed within 10 days from the date of the verdict or other court decision, and for a convicted person in custody - within the same period from the date of delivery of copies of the sentence, ruling, resolutions.
During the period established for appealing a court decision, the criminal case cannot be recalled from the court.
Appeals or submissions filed after missing the deadline are left without consideration.
If the deadline for an appeal is missed for a good reason, persons who have the right to file an appeal or presentation may petition the court that passed the sentence or made another appealed decision to restore the missed deadline. The petition to restore the term is considered by the judge who presided over the court hearing in the criminal case, or by another judge.
A judge’s decision to refuse to restore the missed deadline can be appealed to a higher court, which has the right to cancel such a decision and consider the filed appeal, presentation on the merits, or return them to the court that made the appealed decision, to fulfill the requirements provided for in Article 389.6 of the Criminal Procedure Code Code of the Russian Federation.
An appeal or presentation must contain:
1) the name of the appellate court to which the complaint or presentation is filed;
2) information about the person who filed the appeal or presentation, indicating his procedural status, place of residence or location;
3) an indication of the verdict or other court decision and the name of the court that decided or issued it;
4) the arguments of the person who filed the appeal or presentation, indicating the grounds provided for in Article 389.15 of the Criminal Procedure Code of the Russian Federation;
5) a list of materials attached to the appeal or presentation;
6) signature of the person who filed the appeal or presentation.
The person who filed the appeal or presentation, in support of the arguments presented in the complaint or presentation, has the right to file a petition for the court of appeal to examine the evidence that was examined by the court of first instance, which must be indicated in the complaint or presentation, and provide a list of witnesses, experts and others persons subject to summons for this purpose to the court hearing. If a request is made to examine evidence that was not examined by the court of first instance (new evidence), then the person is obliged to justify in the appeal or presentation the impossibility of presenting this evidence to the court of first instance.
The appeal of a person not participating in the criminal case must indicate what rights and legitimate interests of this person were violated by the court decision.
If a convicted person applies for participation in the consideration of a criminal case by an appellate court, this is indicated in his appeal or in objections to complaints and submissions brought by other participants in the criminal process.
If the appeal or presentation does not comply with the requirements established by parts one, one.1 and two of Article 389.6 of the Criminal Procedure Code of the Russian Federation, which prevents the consideration of the criminal case, the appeal or presentation is returned by the judge, who sets a deadline for their re-drafting. If the judge’s requirements are not met and the appeal or presentation is not received within the time limit set by the judge, they are considered not filed. In this case, the verdict or other appealed court decision is considered to have entered into legal force.
The court that passed the sentence or made another decision being appealed shall notify the persons specified in Article 389.1 of the Criminal Procedure Code of the Russian Federation about the appeal or presentation brought, if the complaint or presentation affects their interests, with an explanation of the right to file a complaint or submit objections in writing form, indicating the deadline for their filing and sends them copies of the complaint, presentation, as well as objections to them. Objections received to a complaint or presentation are added to the materials of the criminal case.
Filing an appeal or presentation suspends the execution of a sentence, ruling, or resolution, except for the cases provided for in Article 311 and part four of Article 389.2 of the Criminal Procedure Code of the Russian Federation.
After the expiration of the appeal period, the court that passed the sentence or made another appealed decision sends the criminal case with the appeal, presentation and objections to them to the appellate court, which is reported to the parties.
The person who filed the appeal or presentation has the right to withdraw it before the start of the appellate court hearing. In this case, the appeal proceedings on this complaint or presentation are terminated. If a complaint or presentation is withdrawn before the appointment of a court hearing of the appellate court, or brought by a person not vested with such right in accordance with Article 389.1 of the Criminal Procedure Code of the Russian Federation, or brought to an interim court decision that is not subject to independent appeal, the judge returns this complaint , performance.
An additional appeal or presentation is subject to consideration if it is received by the appellate court no later than 5 days before the start of the court hearing. In an additional complaint of the victim, a private prosecutor or their legal representatives and representatives, as well as in an additional presentation of the prosecutor, filed after the expiration of the appeal period, the issue of worsening the situation of the convicted person, the person against whom the criminal case has been terminated cannot be raised, unless such a requirement contained in the initial complaint and submission.
Criminal Procedure Code
of the Russian Federation, articles 389.1 – 389.8.
Cassation appeal
The cassation court verifies, based on a cassation appeal or presentation, the legality of a sentence, ruling or court decision that has entered into legal force.
A court decision that has entered into legal force can be appealed in the manner established by Chapter 47.1 of the Criminal Procedure Code of the Russian Federation, to the court of cassation by the convicted, acquitted, their defenders and legal representatives, the victim, the private prosecutor, their legal representatives and representatives, as well as others persons to the extent that the appealed court decision affects their rights and legitimate interests. A civil plaintiff, civil defendant or their legal representatives and representatives have the right to appeal a court decision insofar as it relates to the civil claim.
The Prosecutor General of the Russian Federation and his deputies have the right to apply to any cassation court to review a court decision that has entered into legal force.
The prosecutor of a constituent entity of the Russian Federation and his deputies have the right to apply for a review of a court decision that has entered into legal force, made by the supreme court of a republic, a regional or regional court, a court of a federal city, a court of an autonomous region, a court of an autonomous district on appeal, as well as those entered into the legal force of court decisions made by lower courts to the judicial panel for criminal cases of the relevant cassation court of general jurisdiction.
A military prosecutor equated to the prosecutor of a constituent entity of the Russian Federation and his deputies have the right to apply for a review of a court decision that has entered into legal force made by a district (naval) military court on appeal, as well as court decisions that have entered into legal force made by garrison military courts, in military court of cassation
Cassation appeals and presentations are submitted to:
1) the verdict and decision of the magistrate; sentence, ruling and ruling of the district court; verdict, ruling and ruling of the supreme court of a republic, a regional or regional court, a court of a federal city, a court of an autonomous region, a court of an autonomous district, a sentence, ruling and ruling of a court of appeal of general jurisdiction, with the exception of a sentence or other final court decision of the supreme court of a republic, a regional court or a regional court, a court of a federal city, a court of an autonomous region, a court of an autonomous district, issued in the course of criminal proceedings as a court of first instance, as well as a verdict or other final court decision of a general jurisdiction court of appeal made as a result of the review of such a decision, - to the judicial panel for criminal cases of the relevant cassation court of general jurisdiction;
2) court decisions specified in paragraph 1 of part 1 of Article 401.3 of the Criminal Procedure Code of the Russian Federation, if they were appealed in cassation to the judicial panel for criminal cases of the cassation court of general jurisdiction; a verdict or other final judicial decision of the supreme court of a republic, a regional or regional court, a court of a federal city, a court of an autonomous region, a court of an autonomous district, issued in the course of criminal proceedings as a court of first instance, a sentence or other final judicial decision of a general appellate court jurisdiction resulting from the review of such a decision; determination of the judicial collegium for criminal cases of the cassation court of general jurisdiction - to the Judicial collegium for criminal cases of the Supreme Court of the Russian Federation;
3) the verdict, determination and decision of the garrison military court; sentence, ruling and ruling of the district (naval) military court, sentence, ruling and ruling of the military court of appeal, with the exception of the sentence or other final court decision of the district (naval) military court, issued during criminal proceedings as a court of first instance, and also a sentence or other final court decision of the military court of appeal, rendered as a result of the review of such a decision - to the military court of cassation;
4) court decisions specified in paragraph 3 of part 1 of Article 401.3 of the Criminal Procedure Code of the Russian Federation, if they were appealed in cassation to a military court of cassation; a sentence or other final judicial decision of a district (naval) military court, rendered by it during criminal proceedings as a court of first instance, a sentence or other final judicial decision of an appellate military court, rendered as a result of the review of such a decision; determination of the cassation military court - to the Judicial Collegium for Military Personnel of the Supreme Court of the Russian Federation.
A cassation appeal or presentation is filed through the court of first instance and is considered in the manner prescribed by Articles 401.7, 401.8 of the Criminal Procedure Code of the Russian Federation, a cassation appeal or presentation against:
1) sentence or other final judicial decision of a magistrate, district court, garrison military court; a verdict or other final judicial decision of the supreme court of a republic, a regional or regional court, a court of a federal city, a court of an autonomous region, a court of an autonomous district, a district (naval) military court, rendered on appeal - if these court decisions are appealed to the judicial panel for criminal cases of the relevant cassation court of general jurisdiction or a military court of cassation;
2) a verdict or other final judicial decision of the supreme court of a republic, a regional or regional court, a court of a federal city, a court of an autonomous region, a court of an autonomous district, a district (naval) military court, issued in the course of criminal proceedings as a court of first instance; a verdict or other final judicial decision of a court of appeal of general jurisdiction, a military court of appeal, made as a result of the review of such a court decision - if these court decisions are appealed to the Judicial Collegium for Criminal Cases, the Judicial Collegium for Military Personnel of the Supreme Court of the Russian Federation.
A cassation appeal or presentation is filed directly with the cassation court, which is authorized in accordance with Part 1 of Article 401.3 of the Criminal Procedure Code of the Russian Federation to review the appealed court decision, and is considered in the manner prescribed by Articles 401.10 - 401.12 of the Criminal Procedure Code of the Russian Federation, cassation appeal, presentation on:
1) interim court decisions;
2) a verdict or other final judicial decision of a magistrate, district court, garrison military court; a verdict or other final judicial decision of the supreme court of a republic, a regional or regional court, a court of a federal city, a court of an autonomous region, a court of an autonomous district, a district (naval) military court, rendered on appeal; a ruling by the judicial collegium for criminal cases of a cassation court of general jurisdiction, a ruling of a military court of cassation made as a result of the review of court decisions listed in this paragraph - if these court decisions are appealed to the Judicial collegium for criminal cases, the Judicial collegium for military personnel of the Supreme Court of the Russian Federation .
A cassation appeal or presentation must contain:
1) the name of the court to which they are filed;
2) information about the person who filed the complaint, presentation, indicating his place of residence or location, procedural status;
3) an indication of the courts that considered the criminal case in the first, appellate or cassation instances, and the content of the decisions they made;
4) an indication of the court decisions that are being appealed;
5) an indication of significant violations of the norms of criminal or criminal procedural law committed by the courts that influenced the outcome of the case, with the presentation of arguments indicating such violations;
6) request of the person filing the complaint, presentation.
The cassation appeal of a person who did not take part in the case must indicate what rights or legitimate interests of this person were violated by the court decision that entered into legal force.
If a cassation appeal or presentation was previously filed with a cassation court, it must indicate the decision taken on such complaint or presentation.
The cassation appeal must be signed by the person who filed it. The complaint filed by the defense attorney is accompanied by a warrant or other document certifying his authority. The submission must be signed by the prosecutor specified in parts 2-2.2 of Article 401.2 of the Criminal Procedure Code of the Russian Federation.
Copies of court decisions adopted in this criminal case, certified by the relevant court, are attached to the cassation appeal or presentation. If necessary, copies of other documents are attached that confirm, in the applicant’s opinion, the arguments set out in the cassation appeal or presentation.
A cassation review of a sentence, ruling, or court decision on grounds that entail a worsening of the situation of a convicted person, an acquitted person, or a person in respect of whom the criminal case has been terminated is allowed within a period not exceeding one year from the date of their entry into legal force, if during the trial there were violations of the law that influenced the outcome of the case, distorting the very essence of justice and the meaning of the court decision as an act of justice, or if data was revealed indicating a person’s non-compliance with the conditions and his failure to fulfill the obligations stipulated by the pre-trial cooperation agreement.
Criminal Procedure Code of the Russian Federation Articles 401.1 – 401.4, 401.6
The procedure for applying to the supervisory court
Court decisions that have entered into legal force (sentence, ruling or court order) can be reviewed in the manner of supervision by the Presidium of the Supreme Court of the Russian Federation based on complaints and submissions of persons specified in parts one and two of Article 401.2 of the Criminal Procedure Code of the Russian Federation.
The court of supervisory authority verifies, based on a supervisory complaint or presentation, the legality of the sentence, ruling or ruling of the court.
The following matters that have entered into legal force are appealed to the Presidium of the Supreme Court of the Russian Federation:
1) court decisions of the Appeals Board of the Supreme Court of the Russian Federation;
2) rulings of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation and rulings of the Judicial Collegium for Military Personnel Cases of the Supreme Court of the Russian Federation, issued by them in cassation proceedings;
3) decisions of the Presidium of the Supreme Court of the Russian Federation.
A supervisory complaint or presentation is filed directly with the Supreme Court of the Russian Federation.
A supervisory complaint or presentation must contain:
1) the name of the court to which they are filed;
2) information about the person who filed the complaint, presentation, indicating his place of residence or location, procedural status;
3) an indication of the courts that considered the criminal case in the first, appellate or cassation instances, and the content of the decisions they made;
4) an indication of the court decisions that are being appealed;
5) an indication of the grounds provided for by law for reviewing a court decision in the manner of supervision, with the presentation of arguments indicating the existence of such grounds;
6) request of the person who filed the complaint, presentation.
The supervisory complaint of a person who did not take part in the case must indicate what rights, freedoms or legitimate interests of this person were violated by the court decision that entered into legal force.
The supervisory complaint must be signed by the person filing the complaint. The supervisory submission must be signed by the Prosecutor General of the Russian Federation or his deputy.
Attached to the supervisory complaint or presentation are copies of court decisions made in the case, certified by the courts that considered the criminal case in the first, appellate or cassation instances.
Criminal Procedure Code
of the Russian Federation Articles 412.1 – 412.3.
Information published as of 10/01/2019
How to file an appeal
The time frame for appealing a court decision depends on the category of cases:
| Type of production | Filing deadline (calculated from the date of the decision) |
| Criminal | 10 days |
| Arbitration | Month |
| Civil | Month |
An appeal must be submitted exclusively in writing.
The law defines the circumstances under which it is possible to initiate appeal proceedings:
- The court did not take into account (or incorrectly took into account) certain circumstances in the case.
- The facts taken into account when making the decision are not true.
- There is a violation of legal norms.
- The conclusions made by the judge do not correspond to the materials of the case.
Both the parties to the legal process and all other participants (including third parties) can declare a violation of legal rights. It is important to respect the time frame. Participants in the process have the right to file a complaint until 24 am on the last day of the established period. In this case, evidence of compliance with procedural norms will be a postmark on the envelope or a court stamp with the date of acceptance of the document and its incoming number.
It should be remembered that not all procedural documents can be appealed. For example, a court order is not subject to appeal due to the fact that this act comes into force immediately after its issuance, that is, it can be canceled or changed only by filing a cassation.
The specifics and algorithm for filing a complaint directly depend on the type of litigation. Let's look at each of them in more detail.
Payment of state duty
The legal requirement for payment of state duty is enshrined in Chapter 25.3 of the Tax Code of the Russian Federation.
The amount of the state fee depends on the status of the applicant and the type of appeal. Individuals pay 150 rubles, legal entities - 3000 rubles.
If the appeal is sent to the arbitration court, the state fee will be 3,000 rubles, regardless of the status of the applicant.
You should not ignore paying the state fee; without a receipt, the complaint will remain either without consideration or without progress.
You can get legal assistance regarding an appeal against a court decision on our website.
