Private complaint against a court ruling, sample 2022, filing and preparation according to the Code of Civil Procedure of the Russian Federation

When a court of first instance considers a civil case, it can express its position in the form of two documents: a decision or a ruling. The first of them is made when the court announces its verdict on the merits of the dispute.

The definition concerns certain issues that require resolution during the hearing of the case. However, both the decision and the ruling can subsequently be appealed to a higher court. Often the court makes not final decisions on the case, but rulings. They influence the further course of the trial. And a private complaint can be filed against them in a civil case.

The Code of Civil Procedure of the Russian Federation regulates these events by establishing certain requirements for these documents. Our article will cover various points related to this topic. The advice provided in this publication is intended to make it easier to compile and submit all materials for review.

What is the difference between a private complaint and an appeal?

The first and main difference between these documents is as follows. An appeal is always filed against a court decision.

The subject of a private complaint can only be a determination, which a party to the case, third parties and other participants interested in the dispute have the right to appeal separately (Article 333 of the Code of Civil Procedure of the Russian Federation). Therefore, these two documents have different names.

An appeal against the determination is possible simultaneously with the decision. Then only an appeal is filed in court since two judicial acts are being appealed at once.

In addition, unlike an appeal, filing a private complaint in court does not require payment of a state fee. Therefore, the interested party will be able to save on their legal costs.

Expert commentary

Roslyakov Oleg Vladimirovich

Lawyer, specialization civil law. More than 19 years of experience.

It is necessary to pay attention to the fact that a document such as a private complaint is typical for civil proceedings. When considering a case in an arbitration court, an appeal is still filed against the ruling.

Peculiarities

According to the Civil Procedure Code of the Russian Federation (Civil Procedure Code of the Russian Federation), a private complaint is filed by the plaintiff, defendant, prosecutor or some other party.

The case is submitted for a ruling by the court of first instance (district/magistrate judge, etc.) under the following circumstances:

the announced ruling prevents the continuation of the trial;
the possibility of appeal is provided by the norms of the procedural code.

Determinations are made by courts that have the right to consider materials of the first instance. Therefore, a private complaint against the ruling of the magistrate is considered by the district court, while disagreement with the ruling of the district judicial body is considered by the court of a specific subject of the Russian Federation.

Important! Written disagreement with the ruling is allowed to be submitted regardless of challenging the results of the main court decision. If filing a civil procedure is not provided for by the Civil Procedure Code, the possibility of challenging it still exists: instead of a complaint, an objection should be filed and attached to the appeal or reflected in its content.

How can an ordinary citizen without a legal education understand that he has the right to prepare a criminal case for determination?

A comprehensive answer is reflected in the contents of the document: in most cases, this right is described in detail here, as well as its valid terms are clearly outlined. If the ruling does not contain such information from the court, Art. 331-335 of the Code of Civil Procedure of the Russian Federation, which mentions cases regarding the filing of ChZh.

There is no need to pay state duty (Clause 1 of Article 333.36 of the Tax Code of the Russian Federation)

Filing a private complaint under the Code of Civil Procedure of the Russian Federation: conditions and deadlines

In order to file a private complaint against a court ruling, two conditions must be met. The first of them is that the possibility of appealing the determination was expressly stated in the legislation (in this particular case - Article 333 of the Code of Civil Procedure of the Civil Procedure Code of the Russian Federation).

The second condition is that the determination must create an obstacle to further hearing of the case.

For example, the court unreasonably suspended the proceedings, thereby postponing the resolution of the issue for an indefinite period. In addition, the subject of a private complaint may be a determination to order an examination.

A private complaint against a court ruling is filed within 15 days from the date of receipt of a copy of the ruling. If this deadline was missed for reasons beyond the control of the party, it can be restored.

However, to do this, you must send a separate petition to the court or directly indicate the relevant grounds in a private complaint. The complaint itself should be filed both for the court and in copies for the other parties and other participants in the process (third parties and the prosecutor).

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Consideration

In accordance with Article 333 of the Code of Civil Procedure of the Russian Federation, a judge considers a private complaint against a court ruling individually and without calling the parties (as a general rule). If some issues require additional clarification, the judge may invite the participants in the process to the hearing.

It must be taken into account that the participants in the process are not always summoned to court to consider a private complaint. Therefore, it is advisable to formulate and send your objections in advance.

At a court hearing, with notification of the persons participating in the case, private complaints against the following court rulings are considered:

On suspension or termination of proceedings;
On leaving the application without consideration;
On the satisfaction of the application or refusal;
On review of the case due to new or newly discovered circumstances;
On the enforcement of a decision of a foreign court or arbitration tribunal;
Other determinations if the court considers that calling the parties is necessary to properly resolve the issue.

The court considers other private complaints without summoning the parties (that is, a court hearing on them is not held).

A private complaint must be considered within 2 months after it is received by the court (3 months if we are talking about the Supreme Court of the Russian Federation). If consideration is necessary at a meeting with the parties summoned, this period is extended.

The judge considers the private complaint individually and makes a ruling:

to satisfy a private complaint, while the court may cancel the appealed ruling in full or in part and adopt a new ruling on this issue.
On the refusal to satisfy the complaint and leaving the judicial act unchanged.

Procedure for filing a private complaint

Despite the fact that a private complaint is addressed to a higher judicial authority, it is always filed through the court that issued the appealed ruling. It should be remembered that if a controversial decision is made by a magistrate, the complaint is filed with the district court.

A private complaint to the board of appeal is practically no different in content from an appeal.

It must also contain details of the higher court, information about the parties, the date of the ruling, the case number, as well as a statement of the circumstances due to which the applicant considers the court’s ruling illegal.

In the final part of the complaint, you should ask the higher court to cancel the ruling and order it to continue considering the case on the merits.

As a general rule, a private complaint is considered within two months. If it is satisfied, consideration of the case on its merits will continue.

If you need to write a private complaint, you can order the service through an online legal consultant, or call the phone numbers listed on the website.

Sample of a private complaint against a court ruling

How to prepare a private complaint in a civil case

If a court ruling arises that does not suit any of the participants in the trial, a private complaint in a civil case must be written taking into account certain circumstances.

Otherwise, the complaint will be rejected and errors will have to be corrected.

Significant factors will be considered:

A direct indication of the possibility of appeal contained in the contested ruling or in the Code of Civil Procedure of the Russian Federation.
Once the ruling is announced, further legal proceedings become impossible.
Compliance with time limits for filing a complaint.
Correctness of the complaint and attached documents.
The circle of persons who have the right to appeal determinations.

Each of these points needs to be examined in more detail.

First, it is necessary to state the fact that a private complaint is permissible only in a special case. That is, not on the final decision of the court on the merits of the case, but only on the determination, which, for example, stops the further course of events in this case.

When can you file a private complaint in a civil case?

The need to add specifics is caused by the too vague wording used in the legislation.

For people who understand little about jurisprudence, it is quite difficult to interpret the rule of law, much less find in them the basis for filing a private complaint.

Therefore, our article will list the most common cases when a private appeal in a civil case is permissible:

sending the materials of the trial to another court, as well as failure to satisfy the request for such sending;
making a determination regarding legal costs;
failure to restore missed time;
refusal to consider the claim;
refusal to provide evidence and claim;
failure to satisfy a request to correct certain provisions of the final court decision;
stopping the proceedings;
increasing the amount of collected amounts in accordance with established inflation.

There are other reasons, but it is best to consult with a lawyer in each specific case. So call.

Participation in judicial proceedings of minors

Minors under 14 years of

, as well as individuals recognized as incompetent due to mental illness or dementia, do not participate in civil proceedings, and their rights and interests protected by law are protected in court by their legal representatives - parents, adoptive parents or guardians.

Minor aged 16 to 18 years

may personally exercise his procedural rights and perform procedural duties in court from the time of marriage or declaration of full legal capacity (emancipation).

Minors aged 14 to 18 years

, as well as individuals recognized as having limited legal capacity due to alcohol or drug abuse, participate in the process together with their legal representatives - parents, adoptive parents, trustees. In cases provided for by law, in cases arising from labor, collective farm and marriage-family legal relations, and from transactions related to the disposal of earnings received, minors have the right to personally defend in court their rights and interests protected by law. The involvement of legal representatives of minors in such cases depends on the discretion of the court.

Terms and procedure for filing a private complaint

First of all, it should be said that a private complaint is drawn up in a number of copies strictly corresponding to the number of participants in the trial.

This is necessary so that the court, if it accepts the complaint for consideration, sends it to all participants in the case.

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A package of documents containing a complaint can be submitted within fifteen days. But in the presence of circumstances recognized by the court as significant, a fifteen-day period is not the limit.

The court, at its discretion, may consider the complaint without summoning the participants to the court hearing. Otherwise, the parties and other participants must be notified of the date and time of consideration of the complaint.

The time period for consideration of a private complaint in a civil case cannot exceed two months, and in the case of consideration of the case in the Supreme Court - three months from the date of acceptance of the complaint for consideration.

At the same time, it should be mentioned that the complaint in question does not require payment of a state fee.

Expert commentary

Roslyakov Oleg Vladimirovich

Lawyer, specialization civil law. More than 19 years of experience.

To fulfill the remaining conditions imposed by the legislator for submitting all complaint materials for consideration, it is necessary to carefully consider the contents of this document.

What should a private complaint in a civil case contain?

One of the most common reasons for refusal to consider a complaint is violations committed in the preparation of complaints.

Samples of private complaints in civil cases can, of course, be found and downloaded on the Internet. However, this is unlikely to help avoid mistakes. It's better to contact a lawyer.

Therefore, we will list all the necessary items that must take place:

Name of the court to which the complaint is sent.
Information about the person to whom the complaint was written.
An indication of the court ruling that is being challenged.
The grounds on which the applicant bases his arguments.
Request to the court to cancel the ruling.
Applications are, as a rule, various documents confirming the correctness.
Signature of the person filing the private complaint, as well as the date this document was written.

In addition to all of the above, it is necessary to take into account that evidence that is new can only be used if there are objective reasons why it was not stated earlier.

You will also find the necessary samples of private complaints on our website.

Participation in litigation

In addition to the plaintiff and defendant, persons who have independent claims on the subject of the dispute may take part in the process, as well as in the event that the decision in the case may affect their rights or obligations in relation to one of the parties. Such participants in the process are called third parties.

Both individuals (citizens, foreigners, stateless persons) and legal entities, i.e., can act as parties and third parties in civil proceedings. organizations that have separate property can, on their own behalf, acquire property and personal non-property rights, bear responsibilities, and act in court as a plaintiff and defendant.

To participate in the process, citizens and organizations must have civil procedural legal capacity, i.e. ability to have civil procedural rights and obligations.

Civil procedural legal capacity is recognized by law equally for all individuals, as well as for organizations enjoying the rights of a legal entity, and arises for individuals from the moment of birth, and for legal entities - from the moment of their creation.

Circumstances requiring increased attention

When writing a private complaint, you must remember that the other party to the lawsuit has the right to submit their objections regarding the circumstances stated in the complaint.

Therefore, if the complaint is not intended to delay the court’s final decision, it is necessary to use such evidence that will make possible objections useless.

To do this, you need to consult with a lawyer, since only a competent specialist can draw the necessary and correct conclusions, which can later be used in the evidence base.

Among other things, if for some reason a private complaint was not filed, then the requirements that were intended for the complaint in a regular appeal can be stated.

But for this it will be necessary to wait for the final resolution of the case on the merits.

These are the factors that should be taken into account when writing a private complaint in a civil case, a sample of which can be downloaded from our website. Well, if you have any questions, please contact us.

Private complaint against a court ruling in a civil case

Private complaint about the definition: in questions and answers

As we already said at the beginning of the article, in the process of considering a civil case, the courts make not only decisions. There is also such a type of document as definitions. Many of them influence the course of legal proceedings and the interests of the parties to the dispute.

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The determination, just like the decision, can be appealed. However, it is not an appeal that is being filed, but a private complaint. The procedure for its consideration has its own characteristics. Citizens have many questions. Some of them have already been answered by our authoritative consultants.

Problem with securing a claim

Hello. I have loan debt. The bank sued me and, as a measure to secure the claim, asked to seize the property belonging to me. Please tell me what to do next.

Svetlana, Moscow

Expert commentary

Roslyakov Oleg Vladimirovich

Lawyer, specialization civil law. More than 19 years of experience.

You need to file a private complaint against the court's ruling. It can refer to the fact that the seizure of property violates your interests. The argument may be that the cost of things significantly exceeds the amount of debt. It is advisable to send a copy of the private complaint to the bailiffs. Practice shows that in many cases enforcement actions can be suspended.

Refusal to accept a claim

I had the following problem. I filed a lawsuit, but the judge from the district court refused to accept it for consideration for far-fetched reasons. I'm afraid that with all the paperwork the statute of limitations may be missed. What can I recommend in my situation?

Mikhail, Vnukovo.

Expert commentary

Roslyakov Oleg Vladimirovich

Lawyer, specialization civil law. More than 19 years of experience.

Feel free to file a private complaint against the court ruling. Refer to the rules of the Code of Civil Procedure of the Russian Federation governing the procedural aspects of filing a claim. If a higher authority considers the refusal to accept the appeal for consideration to be unfounded, it will oblige the commencement of proceedings in the case. It is understood that the claim is deemed to have been filed on the original date.

Involvement of third parties

Hello. I filed a lawsuit regarding recognition of ownership of a land plot. During the consideration of the case, I learned that other citizens were laying claim to the plot. The court refused to allow me to involve them as third parties. What should I do next

Pavel, Moscow.

Expert commentary

Roslyakov Oleg Vladimirovich

Lawyer, specialization civil law. More than 19 years of experience.

There is only one legally correct way out - filing a private complaint. Moreover, the interested party may subsequently challenge the decision. However, in order to formulate an appeal to the court, you should study the essence of the conflict and familiarize yourself with the case materials. You can also file a motion to stay the proceedings. Everything will depend on the complexity of the problem.

Appealing a court ruling

In contrast to the decision, acts of the court of first instance, by which the dispute is not finally resolved, are called rulings.
In some cases, they are of an “interim” or interim nature - for example, to suspend the case or to seize the case in order to secure claims. In other cases, rulings end the proceedings, but do not resolve the dispute on the merits - for example, on termination of proceedings. Determinations are made in the deliberation room, but when resolving simple issues (for example, about the collection of evidence), the judge has the right to resolve the issue on the spot, without retiring to the deliberation room. Then the oral determination is entered into the minutes of the court session.

A copy of the ruling drawn up in the deliberation room must be sent to the participants in the process within three days. A private complaint can be brought against the ruling; it differs from an appeal in that the latter is drawn up against the final decision in the case.

Example . In a claim for recovery of the amount, the plaintiff appealed the court's decision because he did not agree with the amount of the satisfied claims. His complaint is called an appeal; it is filed with a higher court and is considered according to the rules of appeal. Earlier in the same case, at the stage of preparing the case for hearing, the judge left the statement of claim without progress, since the materials did not contain a power of attorney for the plaintiff’s representative. The ruling to leave the claim without consideration was appealed by the plaintiff, and such a complaint is called private (the so-called brought against a separate decision, ruling on the case). Based on the meaning of the law, there may be several private complaints in one case, depending on the number of rulings made.

Question: Who can file a private complaint?

A private complaint may be filed by a party to the case and other participants in the process. The prosecutor has the right to bring a presentation to the court for a decision.

The law gives the right of private appeal to those persons who did not actually participate in the trial, but their rights were significantly violated by the ruling. An example of such a situation could be the following. By ruling of the district court, the defendant's real estate and other property were seized to secure the claim. To Vorobyov A.A. The bailiffs came and, in accordance with the court order, began to draw up an inventory. However, Vorobiev A.A. was not the defendant - it turned out that the court indicated the wrong address of the homeownership, and this citizen was the debtor’s namesake. Vorobiev A.A. filed a private complaint, which was satisfied - the determination was canceled.

From this example it is clear that Vorobiev A.A. was neither a plaintiff nor a defendant in the case, but had the right to appeal a court decision that violated his interests.

The rulings of the first court may be appealed if:

This possibility is directly provided for by the Code of Civil Procedure of the Russian Federation. For example, in accordance with Part 3 of Art. 223 of the Code of Civil Procedure of the Russian Federation, for a determination to refuse to satisfy the petition to cancel the abandonment without consideration;
The court's ruling excludes the possibility of further consideration of the case: refusal to accept an application for a court order, refusal to explain the court decision, dismissal of the case, etc.

What about other definitions? For example, if the court has orally decided to deny a request to question a witness, how can one appeal such a protocol determination? The law does not provide for the possibility of filing a separate complaint against it, but objections to such actions of the judge can be included in a subsequent general appeal against the final decision.

The procedure for filing a private complaint against a court ruling is similar to the appeal procedure. Typically this requires:

1. obtain a court ruling . If a participant in the process files a complaint: a copy of the ruling is given to him against signature or sent by mail. If the applicant is a person who did not participate in the consideration of the case, then he will need to contact the court office to obtain a copy.

2. make a private complaint . Its content must comply with the provisions of Chapter 39 of the Code of Civil Procedure of the Russian Federation “Proceedings in the court of appeal.” In other words, the text must indicate a higher court as the addressee - this is the district court, if the ruling of the magistrate is appealed; judicial panel for civil cases of the regional (territorial) court, if the ruling of the district judge is appealed.

In addition, the complaint must indicate the procedural status of the participants, the essence of the dispute, information about the ruling that is being appealed - by which court, when and on what issue it was made; what were the violations of legitimate interests, etc. At the end, it is necessary to express a request to cancel the judicial act. There is no need to pay a state fee for filing a private complaint - it is not provided for by law.

3. send by mail or submit to the office of the court that issued the appealed ruling . The deadline for filing a private complaint is 15 days from the date of issue. According to the general rules, a deadline missed for a valid reason can be restored, for which a petition should be submitted:

To the Leninsky District Court of Syzran

Applicant: (Makarov P.O., residential address, telephone) Plaintiff: (full name, residential address, telephone) Defendant: (full name, residential address, telephone)

In civil case No. 1010/19 on the recovery of property from illegal possession

Petition for restoration of the period for appealing the ruling

By a ruling of the Leninsky District Court of Syzran dated December 23, 2020 in civil case No. 1010/19, to secure the claim, a ban on registration actions was imposed on the Lada-1 car 2009 onwards.

This determination was made illegally, since the specified car has belonged to me, P.O. Makarov, since 2022, according to the purchase and sale agreement dated October 1, 2018, concluded between me and the defendant.

Since I am not a party to case No. 1010/19, there are no obligations between me and the plaintiff, including debt, the prohibition of registration actions in relation to the property belonging to me was established illegally. By decision of December 23, 2020, my rights were violated, since I was deprived of the opportunity to control the car.

In accordance with Art. 227 of the Code of Civil Procedure of the Russian Federation, the parties to the case are sent copies of rulings within three days. At the same time, I am not a party to the case; I learned about the determination only on February 20, 2021 at the MREO traffic police department. I received a copy of the determination on 02/21/2021.

According to the rules 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.

Based on the above, guided by Art. Art. 112, 331 of the Civil Procedure Code of the Russian Federation,

ASK:

Recognize the reason for missing the deadline for filing a private complaint against the ruling of the Leninsky District Court of Syzran dated December 23, 2020 in civil case No. 1010/19 as valid, restore the missed appeal deadline, and count it from February 22, 2021 (from the next day after the day the copy was received).

Attachment: a copy of the application to the court with a note about receipt of a copy of the ruling, a copy of the car purchase and sale agreement dated 10/01/2020, a copy of P.O. Makarov’s passport.

Makarov P.O., 02/22/2021 signature

The petition is considered by the court according to general rules; a complaint can also be filed against the refusal to restore the deadline. The petition is submitted to the court that issued the ruling. The complaint against the refusal, as well as the private complaint itself, is addressed to a higher court:

to the district court if the ruling of the magistrate is appealed;
to the court at the regional level, if a judicial act at the district level is appealed;
when appealing a determination at the regional level - to the appellate instance of the same court;
to the judicial collegium of the Supreme Court of the Russian Federation, if the ruling of the Supreme Court of the Russian Federation is appealed.

After the complaint has been received by the court, the procedure for its consideration begins according to the general rules of appellate review.

When considering disputes in arbitration courts, a similar procedure is provided for filing complaints against rulings, with a difference in terms: filing is possible within a month from the date of issuance - in accordance with Art. 188 AP of the Russian Federation.