Filing an appeal against the decision of the court of first instance

If the parties to the case disagree with the results or procedure for considering the case, they file an appeal against the court decision. This is the first stage of the appeal. Without which all the others simply will not happen.

Let us immediately make a reservation that the examples of courts given in the article and the procedure for filing a complaint are valid until 2022. After all, on July 30, 2018, changes to the Law on the creation of appellate and cassation courts of general jurisdiction came into force. Due to the need to resolve personnel issues, the law will be fully operational no later than October 2022.

For now everything remains the same. All court decisions made at first instance are subject to appeal. The general period for filing an appeal is 1 month from the date the reasoned decision is made.

The appeal is drawn up in a form regulated by law and in compliance with the requirements for its content. The procedure for filing a lawsuit has also been established. Without compliance with the requirement, the court will not begin considering the complaint. Therefore, to draw up a document, use the provided sample and read the recommendations of lawyers.

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Appeal against a court decision

What is an appeal against a court decision?

Legally, the concept of “appealing” means turning to a higher authority and reviewing the decisions of the trial judges. The review process can be initiated by all participants in the hearing, as well as by third parties who are recognized as interested parties.

To cancel a court decision, a statement from the party who suffered as a result of the decision or sentence will be sufficient.

For example, a judge may order eviction from a credit apartment at the request of the bank and not take into account the interests of minor children, information about which the banking structures did not provide.

Deadlines for appeal

Court decisions do not take effect immediately after they are issued. The legislation gives time to appeal them - a month from the date of the court decision (Article 321 of the Code of Civil Procedure of the Russian Federation). There is an exception: decisions in cases of administrative violations are contested within a short period of time - 10 days. If the deadlines for an appeal are missed, they can be restored by filing an appeal by the interested party indicating a valid reason for this omission (Article 112 of the Code of Civil Procedure of the Russian Federation). In order to file this petition, it is necessary to meet the deadline within 6 months from the date of the verdict.

Important!

The completed appeals are submitted to the judicial body that made the final decision in the first instance. Then, within 3 days, the appeal along with the case is sent to a higher judicial body, which will examine it.

Who has the right to appeal a court decision?

You can appeal a court decision that has not entered into legal force. A legal document can be submitted by:

• plaintiff, defendant (in civil proceedings);
• defendant, injured party (criminal cases);
• prosecutor;
• advocate;
• legal representatives of the defendant, plaintiff, injured party;
• third parties or their representatives.

If the case was considered in absentia, without the presence of the plaintiff and defendant, the court notifies the parties of the decision made. Within 7 days, participants in absentia proceedings can challenge the district judge’s decision by filing a request to cancel the decision.

In this case, the court orders a new trial of the case with the participation of the parties in the courtroom. If this does not happen, an appeal challenging the default judgment is filed within 30 days after the end of the period for challenging the district court's decision.

The timing and procedure for considering administrative cases in absentia are set out in paragraph 1 of Article 237 of the Code of Civil Procedure of the Russian Federation.

What is an appeal

An appeal is a review of decisions made by the court of first instance. The appeal process is possible only at the initiative of the interested party.

All participants in the process can file an appeal: the plaintiff, the defendant (as well as their legal representatives), the prosecution (prosecutor) and the defense (lawyer). Persons who did not take part in the trial, whose interests were violated, also have the right to appeal the decision of the court of first instance.

The appeal process can only be initiated by filing the appropriate legal document - an appeal. A party to a lawsuit who is not satisfied with the results of the consideration of the case draws up and submits this document according to certain rules:

1. An appeal can only be filed against a decision of the court of first instance that has not yet entered into legal force. In most cases, the parties are given 30 days from the date of official announcement of the decision to challenge the results of the trial. However, if the case was considered in a simplified manner, the decision comes into force 15 days from the date of its announcement.
2. The complaint is sent to a higher court.
3. The period for appeal, the specifics of registration and the content of the appeal document are enshrined in Chapter 34 of the Arbitration Procedure Code of the Russian Federation and in Chapter 39 of the Code of Civil Procedure of the Russian Federation.

Particular attention should be paid to the consideration of the case in absentia. In this case, the court hearing takes place without the participation of the plaintiff and the defendant. The parties to the proceedings are notified of the results by mail. The defendant has the right to demand the cancellation of the decision within 7 days from the date of its receipt (in accordance with paragraph 1 of Article 237 of the Code of Civil Procedure of the Russian Federation). A month is given to appeal the default decision. In this case, the moment of calculating the period for filing an appeal is considered to be the last day of the period allotted for canceling the decision in absentia.

Many citizens who have not previously encountered the judicial process and do not have sufficient legal knowledge confuse the concepts of appeal and cassation.

Appeal and cassation complaints do have a number of common features. The purpose of appealing these documents is one - to cancel the decision of the court of first instance. The rules for filing an appeal and a cassation complaint are practically no different from each other, and the circle of persons who have the right to file a complaint is identical.

The main distinctive feature of these appeals, which is worth paying attention to, is the fact that the decision of the court of first instance has entered into legal force. An appeal is filed only against a decision that has not entered into legal force. A cassation appeal is a challenge to an existing decision. In addition, the appeal process allows new evidence and materials to be added to the case.

Deadline for filing and consideration of an appeal

The reading of the final decision by the judge is considered the moment from which the deadline for filing a challenge begins to count. In detail, how to draw up an appeal, the procedure for sending and filing it is regulated by Chapter. 34 APK, ch. 39 Code of Civil Procedure of the Russian Federation.

Time limits after which the judge’s decision comes into force and during which an appeal can be filed:

1. For sentences in criminal proceedings - 10 days.
2. The period for challenging a decision in administrative and arbitration proceedings is 30 days.

The legislation defines separate deadlines for appealing decisions related to cases of violation of electoral rights, deportation of foreign citizens, and forced referral of a person for treatment. For such categories of administrative cases, the appeal period is 10 days.

It is important to take into account that the period given for appeal is reduced to 15 days, during which the disagreeing party has the right to file an appeal. If an administrative or civil case was considered in a court of first instance according to a simplified procedure, without the involvement of witnesses, experts, defense and prosecution.

The period for filing an appeal can be extended if any party to the proceeding has missed the deadline within which it was required to file the complaint. According to Plenary Resolution No. 13 of the Supreme Court of the Russian Federation dated June 19, 2012, she has the right to appeal to the court that announced the decision with a written request to extend the period for filing an appeal.

A party’s request to restore the time limit can be made either in a separate statement or contained directly in the appeal itself.

If a request for an extension of time is drawn up in a separate application, a challenge is also sent along with it; a separate application with a request for an extension of time is not considered.

The appellate court is legally given 60 days to substantively consider the appeal and announce the result. You can file an appeal without any restrictions, but the court will only consider the first direction, the remaining appeals will be rejected with the appropriate submission.

If during the process new facts and circumstances are discovered that can fundamentally influence the court’s conclusion, the interested party can send additions to the court.

Appeal in arbitration cases

Arbitration litigation is a procedure during which justice is administered in the field of entrepreneurship and other economic activities.

Before initiating the appeal process in arbitration cases, the applicant must ensure that he has the right to file a complaint.

All parties to the arbitration process, as well as the legal successor of one of the parties, can claim a violation of rights. Persons who did not actually participate in the court hearing, but the decision of the court of first instance violates their rights, also have the opportunity to initiate an appeal against this decision.

The specifics of challenging decisions of an arbitration court are enshrined in Chapter 34 of the Arbitration Procedure Code of the Russian Federation.

According to general rules, the period for appealing decisions is 1 month from the date of announcement of the decision. According to the simplified judicial process - 15 days.

The period for filing an appeal is reduced to 10 days if the applicant is brought to administrative responsibility or the subject of consideration was a document on bringing to responsibility issued by the executive body

The complaint can be sent by mail or personally delivered to the court office. The issue of accepting a document is resolved within 5 days from the date of its registration. This decision is made by a judge of the arbitration court of appeal. If the decision is positive, an appropriate determination is made, on the basis of which legal proceedings are initiated.

Where to file a complaint

An appeal is filed through the court that made the initial decision or sentence. A petition to extend the filing time is also sent through this body if the interested party missed the deadline.

The judge alone reviews the petition and determines whether the circumstances that forced the party to miss the time to file an appeal fall under the category of “excusable”. If the party's arguments deserve attention, the district court restores the deadlines and sends all the materials of the case to the higher court.

If a party files an appeal directly to the appellate court, the case is not considered and is transferred to the district court. The interested party is notified of such developments by an appropriate representation.

In the district court, the procedure is carried out in accordance with Art. 325 of the Code of Civil Procedure of the Russian Federation, namely, deadlines are checked for compliance, numbers of court decisions and information about participants are checked. Then the appeal with the case materials is sent to a higher court.

There are a number of court decisions that cannot be appealed. An appeal is not possible against the order, since the act acquires legal force at the time of promulgation. A court order can be annulled only by decision of the Constitutional Court of the Russian Federation.

Preparing to appeal

Usually a citizen does not agree with the result of a case when the essence of the dispute is not resolved in his favor, and this becomes clear already during the announcement of a full or short decision. If the judge announces only the operative part, he has 5 days to produce the full text of the decision and send copies of it to the parties.

In cases where a person was not present at the court hearing, he can come to the conclusion about the need to appeal objectively only after receiving a copy of the decision. It happens that the date or street name is incorrectly indicated in the text - then you can apply to the judge to correct the errors by issuing an additional decision. For example, when accuracy in specifying address information is necessary for entering data into Rosreestr. Correction of minor inaccuracies is not an appeal procedure; these problems are resolved in a simplified manner.

If you do not agree with exactly how the dispute was resolved, you must file an appeal, indicating all the arguments to which you ask attention.

Deadlines for filing a complaint

An important part of the preparatory work is the question of the timing of the appeal. In accordance with the requirements of Part 2 of Art. 321 of the Code of Civil Procedure of the Russian Federation, you can appeal the decision within a month from the date of the decision in full text .

Please note that 1 month from the date of the decision is the general period for filing an appeal in a civil case. In some cases, the law directly provides for other deadlines . For example, a complaint against a decision on a dispute over a citizen’s voting rights can be filed within 5 days.

As in other areas of law, this period can be restored if there is a good reason for absence - for example:

• serious illness of the appellant himself or his close relative. How severe the disease is considered in such cases is decided individually. In practice, this means a disease that required intensive care or even moving to another region, and therefore the person objectively did not have the opportunity to draw up and file a complaint;
• natural disasters;
• long business trips outside the municipal district;
• failure to receive a copy of the decision. In this case, judicial practice follows a path that presupposes the citizen’s obligation to promptly receive correspondence delivered to him. Thus, if a party was present at the announcement of the full decision by the judge, but at the same time reinstates the missed deadline due to failure to serve a copy of the decision, it is more than likely to face a refusal to reinstate, especially if there is a “stub” of notification of a registered letter with a mark of return from the post office. In this case, the court proceeds from the objective knowledge of the party about the result of the consideration and its ability to apply directly to the court office to obtain a copy.

An application for restoration of the deadline can be indicated in the complaint itself or separately (not subject to state duty):

In the Komsomolsky district court of Cherepovets

Plaintiff: Petrov V.N., living in Cherepovets, st. Petrovskaya, 10, apt. 7

APPLICATION for restoration of the missed period of appeal

By the decision of the Komsomolsky District Court of Cherepovets dated June 21, 2018, the satisfaction of my claims for reinstatement at work and recovery of wages for the period of forced absence from Perspektiva LLC was denied in full. The text of the full decision was prepared on June 24, 2018; I received a copy of it by mail only on July 28, 2018, that is, outside the one-month appeal period.

Based on the above, guided by Art. Art. 321, 112 Code of Civil Procedure of the Russian Federation,

ASK:

Reinstate the missed deadline for appealing the decision of the Komsomolsky District Court of Cherepovets dated June 21, 2018, and count it from the next day after the actual receipt of the copy, that is, from July 29, 2018.

Enclosure: an envelope with a mark indicating the receipt of correspondence at the post office on 07/27/2018, a receipt for delivery of correspondence on 07/28/2018.

Petrov V.N., signature, date

If the court refuses to restore the missed deadline, you can file a private complaint against the ruling within 15 days .

The parties and other interested parties have the right to file a so-called short appeal even before reading the decision, which sets out their general disagreement with the result of the consideration of the case. At the end of the text, it should be noted that a full complaint will be filed after receiving a copy of the decision. Thus, the party is guaranteed not to miss the appeal period if such a preliminary appeal is filed with the court immediately after the full text of the decision is announced.

Filing an appeal

It is advisable to file an appeal in court if the judge does not take into account circumstances and facts that could change, soften, or tighten the conclusion or sentence of the court. The most common reasons remain a superficial consideration of the factual basis and refusal to involve witnesses.

What serves as the basis for filing an appeal:

1. The district court refused to take into account important circumstances of the case and witness testimony.
2. The facts received a different interpretation during the review process. Actions qualified by the court as facts do not correspond to reality.
3. The rules and regulations of the process were violated.
4. The parties were not read out their rights; the decision was made without the participation of the plaintiff, defendant and other participants in the process.
5. The court's ruling does not comply with current legislation.

The procedure for filing an appeal is regulated by law; if the complaint is sent in writing through the post office, the postal stamp indicates the date the document was sent.

How to file an appeal against a district court decision

The appeal, which is written against the decision of the district court, is drawn up according to the form. When compiling, indicate the following information.

1. The court to which the complaint is sent.
2. Passport details of the applicant (full name, registration address).
3. Participant data (full name, registration details, telephone numbers).
4. Details of the court decision or sentence (number, date, composition of judges).
5. Fabula (descriptive part).
6. Applicant's requirements.
7. Evidence base that supports the requirements.
8. List of documents.
9. Signature, date of writing.

You can correctly draw up a paper for the appellate court yourself if you have the necessary legal knowledge. The narrative and requirements sections do not have clearly established writing rules.

To ensure that the applicant’s demands are correctly formulated and supported by relevant legal provisions, it is recommended to contact a practicing lawyer. All changes to the codec of the Russian Federation must be taken into account.

The first copy of the application is sent to the court, copies are sent to all parties. Receipts for sending documents to interested parties are attached to the package.

Filing an appeal against a court decision in a civil case

An appeal filed against a judge's decision in a civil case is considered by the same body that made the initial decision. An appeal must be filed within 30 days after the decision is announced.

To file a complaint in a civil case, you must pay a state fee, which is provided for sending an appeal to the first court. After paying the fee, be sure to attach the receipt of payment to the package of documents.

READ A short appeal to the court: what it is, how to draw it up and submit it

Transfer of the document is possible in person to the office or via mail, by letter with notification. The appeal is registered in the office, the applicant receives a dated receipt.

After paying the state fee, it is recommended to make a copy of the receipt. There are cases when payment documents are lost in the courts. Receipt restoration is only possible using a copy.

Appeal against the decision of the arbitration court

In the arbitration process, disputes related to the restoration of justice in the economic field and the sphere of private and collective entrepreneurship are resolved. The rules for the consideration of arbitration processes are regulated by the Arbitration Procedure Code of the Russian Federation, Chapter 34.

Challenges to the arbitration court are filed by the participants in the proceedings, as well as by persons who are in one way or another connected with the work of the companies and may suffer from the findings of the district court.

The deadline for sending an appeal in arbitration is reduced to 10 days if one of the parties involved in the case is held administratively liable by a court decision (a fine for illegal business activity, the accrual of penalties, etc.).

The arbitration judge schedules a technical hearing within 5 days from the date of receipt of the case and gets acquainted with the legal part of the document. As a result, it makes a determination whether the case is subject to consideration on its merits or not.

If the document meets the requirements, all participants in the process are informed by written notice of the opening of legal proceedings. The court informs about the start date of hearings by notifications, telephone calls, and through legal representatives.

Appeal in an administrative case

The appeal process in administrative cases is governed by the norms of Section 6 of the CAS of the Russian Federation.

As a general principle, you can appeal a district court decision that has not entered into legal force within a month from the date of its announcement.

However, the law also provides for other deadlines for appeal.

Decisions must be challenged within ten days:

• which relate to issues of deportation of foreign persons from the territory of Russia;
• which are associated with administrative supervision and forced hospitalization in medical institutions;
• which relate to the dissolution of the representative body of municipal government, the removal from office of the heads of the municipal organization.

Decisions regarding election and voting issues made by the district court can be challenged within 5 days. This clause also includes any violations that relate to a citizen’s voting rights.

If during the court hearing only the operative part of the decision was read (punishment, without justification), then the period for challenging is calculated from the moment the full text of the document is read.

Important: decisions made under the simplified procedure are subject to appeal within 15 days.

There are two ways to write an appeal against a court decision: by mail or by submitting it to the office (in person or through a legal representative).

What arguments should be given in the complaint?

The grounds for canceling, mitigating or changing a court decision on appeal must be stated in as much detail as possible. The arguments are based on the requirements of Art. 330 Code of Civil Procedure of the Russian Federation.

In part 4 art. 330 lists the norms that are accepted by the court as undeniable grounds for overturning a decision.

• illegal composition of judges;
• the consideration of the case took place in the absence of an interested party;
• violation of the rights of citizens to conduct a meeting in an understandable language;
• the minutes of the meeting are formatted incorrectly or are missing, etc.

The beginning of the document consists of a brief description of the merits of the case, then lists the arguments that the judge did not take into account, and describes all the violations that, in the applicant’s opinion, were committed. The document ends with demands to change (soften, tighten) or cancel the decision.

It is necessary to clearly state all the arguments why the applicant considers the court’s decision illegal, supporting the words with documents that (possibly) were not taken into account by the district board.

Acceptance, review and possibility of refusal

In accordance with the above, the trial court is responsible for further progress or dismissal of an accepted appeal. Provided that it complies with the current legislative norms, a copy of the complaint is attached to the case materials, and the original, along with other materials, is sent to the higher court indicated in the text of the document. Also, copies of the complaint are sent to representatives of all parties interested in the results of the consideration of the case.

Upon receipt of the complaint and its approval as a basis document for reviewing the previously adopted decision, the higher judicial body notifies all participants in the case about the place and date of the appeal hearing. The review of the case takes place according to the rules of trial of the first instance.

The initial decision may be canceled or changed by the appellate authority in the following cases:

• identifying the fact of misinterpretation or failure to take into account circumstances that were important for the course of the proceedings;
• stating the lack of logical justification for the court of first instance making the contested decision;
• identifying the presence of errors made by the court of first instance when applying procedural and/or substantive legal norms;
• evidence of a contradiction between the decision taken and the circumstances of the case under consideration.

Based on the results of the hearing, an appeal ruling is issued, serving as:

• final decision in a civil case - in the event that the initial decision of the court of first instance is fully or partially canceled or changed as a result of appeal proceedings;
• a document confirming the entry into legal force of the decision of the court of first instance, subject to appeal - in the event that it (the decision) was left unchanged as a result of the appeal proceedings.

Like the initial court decision, the appeal ruling can be appealed in the same way in a higher court by filing a cassation appeal.

Documents attached to the appeal

The law does not provide a strict list of documents that are submitted for consideration. The applicant has the right to attach any papers that he considers necessary to confirm his case.

Required legal documents include:

• postal receipts confirming that copies of the appeal were sent to all participants in the process;
• a copy of the duty payment receipt.

Since the document is sent to the court that made the controversial decision, a copy of the decision or sentence is not attached to the appeal. The document will be sent directly with the materials.

Appeal against a decision in civil proceedings

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An appeal is a special form of appeal to the court of appeal, which is a higher authority that reviews the decisions of the courts of first instance.

If for any reason you are not satisfied with the court's decision, you will have to file an appeal.

How a complaint is processed

After receiving a challenge, the appellate authority prepares the case for trial. If necessary, the judge will prepare a ruling indicating what procedural steps he intends to carry out in the proceedings.

When multiple appeals are filed, the authority orders consideration of all documents within a single process and sets a date for the actual review.

Interested parties have the right to withdraw their claims before the start of proceedings without legal consequences. The amount of state duty paid is not refundable.

Preliminary complaint

In judicial practice, there are often situations in which the very possibility of an appeal is jeopardized. In a number of cases, the court of first instance, for one reason or another, postpones the release of the decision for a period exceeding the legally established limits, thereby making the appeal procedure impossible until the decision is issued. Also, often the interested parties themselves do not have time to draw up a full-fledged complaint within the prescribed period.

In such cases, parties interested in the appeal proceedings often resort to filing so-called preliminary (short) appeals.

A preliminary complaint is deliberately drawn up in violation of procedural requirements - as a rule, some of the necessary information is missing in its text. As a result, the court leaves it without movement, however, sets a deadline for its correction, thereby extending the total period for initiating the appeal procedure.

Thus, the sole purpose of filing a preliminary complaint is to prevent violation of the legal deadline for filing an appeal, regardless of the possible reasons for the violation.

Addendum to the appeal

If the appeal process is initiated due to new circumstances, the applicant petitions the court to include new documents in the trial.

The addition to the appeal in a civil case is attached to the case materials after a written statement from the interested party. These can be legal documents, receipts, witness statements, etc.

The appeal hearing is aimed primarily at restoring the rule of law and justice. It should be borne in mind that the requirements of the law may not correspond to the parties’ personal ideas about fairness. As practice shows, legal challenges help to avoid lawsuits and administrative liability in most controversial situations.

Appeal in criminal cases

Appealing a court decision in criminal cases within the framework of the appellate process allows not only to appeal the verdict, but also, in some cases, to completely acquit the defendant.

The right of appeal in criminal cases is enshrined in Chapter 45.1 of the Code of Criminal Procedure of the Russian Federation.

Unlike other types of judicial process, during criminal proceedings, not a court decision is made, but a sentence. In accordance with Art. 389.4 of the Code of Criminal Procedure of the Russian Federation, you can appeal the verdict within 10 days from the date of its official announcement. Convicts who were in custody at the time of the verdict may file an appeal within 10 days from the date of delivery of a copy of the verdict. If the deadlines were violated, the law provides for the possibility of their restoration. To exercise this right, it is necessary to provide evidence that confirms the existence of valid reasons for non-compliance with criminal procedural norms.

An appeal against a decision in criminal cases involves the study and careful verification of newly discovered evidence. During the judicial review of the complaint, the testimony of new witnesses will be taken into account.

Terms and procedure for consideration

The proceedings are being conducted anew on the merits:

• the composition of the court is announced, the parties to the dispute are identified;
• the essence is stated;
• the appellant and the opposing party are given the floor;
• evidence is examined;
• submitted requests are resolved;
• debate;
• it is decided: to leave unchanged, to issue a new act, to cancel, to send for re-trial.

The time frame for consideration is from the date of registration with the appealed body.

Advice

An application for appeal is a complex procedural document; its preparation requires legal knowledge. The verdict depends on the thoroughness of the study of the case materials, the correct application of arguments and standards.

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How to file a complaint?

Remember that literacy when drawing up a complaint significantly increases your chances of getting the desired result. The procedure for filing a complaint/representation must be followed. It looks like this:

1. The presentation of your words is clear, concise, and only to the point. Don't write essays. This will be redundant. When studying a document, specialists need to get specifics, arguments, and not a story, especially if there are also errors in it.
2. All your arguments must be supported by specific circumstances. To do this, you need to support the complaint with references to the current rules of law and disclose their main content. In addition, reference must be made to the case sheets where the evidence is indicated.
3. To properly file an appeal, you need to carefully read the case materials. After all, then, when you contact a lawyer, you will be able to explain your claims and demands as clearly as possible, and he will know exactly what to appeal in court.
4. Literacy when writing an appeal is a prerequisite. The order of compilation and structure are determined by legal norms. Errors are not allowed.