Many citizens are interested in how an appeal is filed against a district court decision. In fact, if you know the basic principles of action, there will be no problems with the implementation of this task. Indeed, in reality, complaints against court decisions are not so rare. In particular, if citizens do not agree with this or that decision. But what rules and features should every citizen know? What to pay attention to first of all? Is it really easy to file an appeal with the court? Everything is not as difficult as it seems. Especially if you prepare in advance for the implementation of your plan.
The first thing to do is to find out what kind of document it is. to the decision of the district court? After all, before submitting it, you need to be fully aware of what document you will have to deal with.
An appeal is a complaint that has not yet been entered into. Accordingly, after the execution of the decision, it is impossible to apply in the prescribed manner to certain bodies to appeal the decision. There is nothing difficult to understand in the wording of the definition of the document.
Who can appeal a district court decision? In this sense, there are no restrictions. More precisely, they are common to in principle. What does it mean?
A citizen who has reached the age of majority, and is also capable, has every right to translate ideas into reality. If the decision of the district court does not suit him, he can appeal. And then it will be reviewed in the manner prescribed by law.
Minors and juveniles cannot apply to the court with appeals, as well as with statements of claim. There are no further restrictions as to who can be an applicant. Usually, either the plaintiff or the defendant is involved in appeals, that is, the party that is not satisfied with the court decision.
Where on the decision of the district court? Also an important question. Unlike the previous one, understanding it is more difficult than it seems. Why?
Russia provides for several types of courts. And different authorities. If we are talking about an appeal, you will have to file it with the court that issued the decision.
In other words, the district judicial body will consider not only the main claim, but also complaints against the decision. You can also apply to the Supreme Court or to the judicial authorities of the federal level of the autonomous regions. There is nothing difficult in this. But if after that a person tries to defend his opinion, he will have to file a cassation appeal. It is submitted to the Presidium of the Court. All this is simply necessary to remember before appealing a particular court decision.
What else is worth paying attention to? An important point is the time in which you can bring the idea to life. Temporary restrictions in Russia play an important role.
When and how to appeal a district court decision? Terms are strictly prescribed at the legislative level. The thing is that citizens cannot appeal after 1 month has passed since the final decision of the district court.
That is, the citizen will have only 30 days after the end of the judicial debate in order to appeal. Everyone should remember this. After the expiration of this period, it will not be possible to bring the idea to life. Therefore, you will have to hurry. But these are not all the restrictions that a citizen should be aware of.
For example, the time limits change somewhat when it comes to filing a complaint against a decision of a justice of the peace. The thing is that such a practice in Russia is not so rare. An appeal to the district court against the decision of the magistrate is a completely legal action.
But you just have to draw up an application of the established form as soon as possible and apply to the judicial authority with a certain package of documents. Why? All due to the fact that 10 days should not pass from the moment the final decision is made. Otherwise, the citizen's right to appeal is lost.
Otherwise, the process of filing an appeal against a decision will be exactly the same as in the case of a district court. But how to apply for a standard form? What should a dissenting person know? Violation of the established norms will result in the dismissal of the complaint. And this can lead to the impossibility of defending your decision in the face of the court.
Special attention should be paid to the application. According to the established norms, specific information should be reflected in it. Otherwise, the complaint will simply be rejected. How do I appeal a district court decision?
Indicates that the text of the application of the established form should contain the following information:
In principle, these are all standard requirements. If a citizen has already encountered filing a lawsuit, writing a complaint will not bring any significant problems. What is the procedure for submitting it?
Filing an appeal against a decision of a district court is a common practice. But how can you briefly describe the whole process? What should you pay attention to? What is the step-by-step process for appealing a previous decision?
Many people are interested in this. After all, then it will be possible to understand what to prepare for. The appeal procedure is usually as follows:
That's all. You cannot apply to the court of second instance until a month has elapsed from the date of the initial decision. There is nothing difficult or special in the process. It is important to understand that an appeal against a district court decision is the legal right of every citizen. And if you do not delve into the details on the part of the judge, then the process is not much different from the usual counterclaim.
It is necessary to pay attention to the fact that the process being studied is not free. A person who thinks about filing an appeal against a district court decision will have to pay a state fee. This is done before submitting the application of the established form. Without an appropriate receipt, the complaint will not be accepted by the judge.
How much will you have to pay? In Russia, duties for certain operations are constantly changing. But today you will have to pay 50% of the fee for a previously filed claim. In other words, you can focus on the following amounts:
Requisites for paying the fee are recommended to be taken in a particular court in advance. Only if you have a check with payment, you can think about filing an appeal. The state duty is returned to the payer if he decided to abandon his complaint. In practice, this process is very rare.
Now it is clear where to appeal against the decision of the district court. In addition, the procedure for applying to one or another instance is also no longer a mystery. Attention should be paid to judicial practice. Is it worth doing the task at all? Or does a citizen who does not agree with the decision of the court in civil cases have no chance of winning?
As practice shows, appeals are very common. Only now their satisfaction in favor of the person who applied is a rarity. Why? All due to the fact that the court, in principle, thoroughly examines all the materials of the case. And he tries to make a decision that is in line with the established legislation as much as possible. In fact, an appeal against a decision of a district court is an additional verification of the legality of the satisfaction or rejection of a particular claim.
There is a chance of victory, but only if there is sufficient evidence Often, appeals do not produce any significant results. But you still need to try to defend your rights.
Now a little about what papers can be useful to bring the idea to life. What documents are attached to the appeal? The list, as already mentioned, may vary.
The most common papers that are present, regardless of the nature of the case, include:
Everything else is individual. In some cases, title deeds, service contracts or any other documents may be required. Anything that can affect the course of the case. A sample appeal against a decision of the district court is presented. There is nothing difficult in drawing up a document.
What to do if the court decision does not satisfy the plaintiff or defendant participating in the trial? You can reconcile and implement the decision. But you can continue the case and go to a higher court. The possibility of appealing court decisions and its procedure is determined by Chapter 39 of the Civil Procedure Code of the Russian Federation.
The explanatory dictionary explains the word appeal as one of the forms of appealing court decisions. In a broader sense, an appeal is a request for support, understanding, and advice.
The decision of the court of first instance, which has not yet entered into force, may be appealed on appeal. The right to express their disagreement with the decision is granted to the parties participating in the case and to other persons.
The plaintiff and the defendant, or their legal representatives, as well as third parties participating in the case, including state bodies, local government bodies, may file an appeal. The prosecutor expresses his disagreement by filing an appeal.
In view of the fact that appeals can only be filed against court decisions that have not yet entered into force, the deadlines for their submission should be observed.
An indication of the court decision that is being appealed and the requirements of the person filing the appeal must be given. In addition, grounds are given on which the person appealing the decision considers it wrong.
The requirements that are given in the appeal must correspond to the considered case. If the court of first instance did not consider them, then they should not be in the appeal.
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 the appeal is subject to payment, then a document (receipt) confirming the payment of the state fee is submitted along with it.
The appeal itself and all attached documents are submitted together with copies according to the number of persons participating in the case. A list of additional documents is given in the complaint.
Appeals against court decisions are considered by the higher courts. District courts consider appeals against decisions of justices of the peace.
In turn, appeals against court decisions of district courts and garrison military courts are considered by the supreme court of the republic, the court of an autonomous region or district, the regional, regional, city court, district or naval military court.
Appeals against decisions of the courts listed in the previous paragraph are considered by the Judicial Collegiums for Civil or Administrative Cases of the Supreme Court of the Russian Federation. The highest instance of appeal is the Board of Appeal of the Supreme Court of the Russian Federation.
An appeal is usually filed through the court that made the decision. Even if the complaint comes directly to the appellate instance, it is still transferred to the court of first instance to comply with all formal rules and procedures related to the consideration of the appeal.
Unless other time limits are established by law, then, as a rule, an appeal (as well as an appeal presentation) can be filed within a month from the date of the final decision of the court.
Even very similar, at first glance, cases considered by courts of any instance have their own characteristics. Similarly, appeals cannot be drawn up according to a template in which it is enough to enter the name of the court and the person filing the appeal.
Thus, the appeal below can be seen as an example rather than an unconditional role model.
To Pervomaisky District Court
from the plaintiff in the case of Kariev II, residing at 183050, Murmansk, st. Beringa d.134 kv.12
APPEALS
on the decision of the magistrate of the 0th judicial district of the Pervomaisky district of the city of Murmansk on September 14, 2011 in the case of the statement of claim Karieva AND.AND. to Severnaya Zarya LLC on termination of the sale and purchase agreement and return of funds.
I, Kariev I.I., filed a lawsuit to terminate the sale and purchase agreement dated January 22, 2011 and return the money paid to the seller. The product I bought was not in use, its consumer properties and presentation are fully preserved.
In the court decision, the justice of the peace dismissed my demands to Severnaya Zarya LLC on termination of the sale and purchase agreement dated January 22, 2011.
I consider such a decision of the court to be unreasonable and made without taking into account all the evidence in the case.
In accordance with Art. 10 of the Law of the Russian Federation "On Protection of Consumer Rights", the seller is obliged to provide the consumer with the necessary and reliable information about the goods in a timely manner, ensuring the possibility of their correct choice. The requirements of the law were not met by the seller, information about the product was not provided in full, which limited my options.
According to Art. 502 of the Civil Code of the Russian Federation and Article 25 of the Law "On Protection of Consumer Rights" the consumer has the right to return the goods without giving reasons within fourteen days from the date of purchase. I contacted the seller with a request to return the goods the next day after the purchase, not counting the weekend when I could not contact the seller.
Based on the foregoing, guided by Article.Article. 450, 520 of the Civil Code of the Russian Federation and Article 25 of the Law "On Protection of Consumer Rights"
To cancel the decision of the justice of the peace of the 0th judicial district of the Pervomaisky district of Murmansk dated September 14, 2011 will cancel, and issue a new decision to terminate the sale and purchase agreement dated January 22, 2011 and recover from the defendant in my favor the amount paid in the amount of 0,000 rubles.
Applications:
Copy of the appeal - 2 copies. on 2 sheets;
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Publication date: 2014-08-08 Having received a court decision in a civil case, the client is often interested in: what's next? And then an appeal follows - either the defendant complains, or the plaintiff, or third parties. If your dispute was considered by a district court or a magistrate, then we are talking about legal proceedings, which are regulated by the Civil Procedure Code of the Russian Federation. We will talk about it in this article. (You can find out how to appeal the decisions of the arbitration court). Each party disagreeing with the decision is given one month to file an appeal. The term runs from the day the decision was made on , that is, from the day when the judge made it in full. During this month, the decision is considered not to have entered into force. It has no legal implications. Thus, the plaintiff, if the decision is made in his favor, cannot obtain a writ of execution from the court and initiate enforcement proceedings. It is common in such cases for the defendant to file a complaint in the last days of the term in order to further delay the entry into force of the decision. If at the end of the month neither party files an appeal, the decision will come into effect. However, the law does not prevent an appeal even beyond the time limit, if the person who filed the complaint can substantiate it. If the decision was made by a justice of the peace, then the appeal will be considered by a higher district court. If the dispute was under the jurisdiction of the district court, the court of appeal will be the court of the corresponding subject of the federation (regional, regional, republic, etc.). The Court of Appeal issues a ruling, which takes effect immediately. The options for handling a complaint are: If the appeal ruling is in favor of the plaintiff, he may soon receive a writ of execution. Lawyer Vladimir Chikin will tell you about the prospects of the case, draw up a complaint and represent your interests in court. Write to or call + 7 499 390 76 96. This is the next stage of the appeal. Regardless of where the case was considered in the first instance - by a justice of the peace or in a district court - the presidium of the court of the subject of the federation considers the cassation appeal. To file an appeal, you must first go through the appeal stage. In this case, no more than six months must elapse from the date of issuance of the appeal ruling. Otherwise, the complaint will be denied. First, the complaint is examined by a single judge. He decides whether to refer the case to the presidium or not. Based on the petition of the party filing the complaint, the court of cassation may suspend the execution of the challenged judicial acts. If the case is referred to the presidium, the options for the ruling may be as follows: So, if in the first instance the case was considered by the district court, having received a decision of the presidium of the subject's court that you do not like, you can apply to the second cassation instance - to the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation. To apply, it is important that you, firstly, go through the first stage of the cassation appeal and, secondly, do not exceed the six-month period for appealing. This period is calculated from the moment of adoption of the appellate ruling, but it does not include the time of consideration of the case in the first cassation instance. There is one more condition for appealing the decision of the justice of the peace: in the first cassation, it is the decision that must be issued. If a determination is made, then the appeal process is over. The received cassation complaint is first studied by the judge alone and decides whether to refer the case to the board for consideration. The Chairman of the Supreme Court of the Russian Federation or his deputy may disagree with the refusal to transfer and cancel it. The powers of the Judicial Collegium of the Supreme Court of the Russian Federation are the same as those of the presidium of the court of the subject. The supervisory authority is the Presidium of the Supreme Court of the Russian Federation. You can apply there only if the result of the second cassation was the issuance of a decision by the Judicial Collegium for Civil Cases. The term for filing a supervisory appeal is three months from the date of adoption of such a ruling. As in the case of cassation, the decision to transfer the case with a supervisory appeal to the Presidium is taken by the judge alone. Refusal to transfer may be canceled by the Chairman or Deputy Chairman of the Supreme Court of the Russian Federation. The powers of the Presidium are as follows: In conclusion, it should be said that not all stages of appealing against decisions of courts of general jurisdiction are equally effective. This efficiency decreases from instance to instance. The chances of the case being considered by the Presidium of the Supreme Court of the Russian Federation are extremely small. In this regard, in addition to the mechanism for protecting one's rights, enshrined in the Code of Civil Procedure of the Russian Federation, it is necessary to use the means of the European Court of Human Rights (read about the procedure for applying). This article is one of the most requested on our site. This once again shows how often citizens take up the independent solution of judicial issues, without the involvement of qualified specialists. Such savings turn out to be dangerous, because it is very difficult to achieve the cancellation of the decision taken in the case. If you have any questions about the appeal of judicial acts, write them below in the comments. We will definitely answer.
Heading:
Appeal
First cassation
Second cassation
Supervision
An appeal against a decision of a district court is filed with a higher court and is considered on a general basis. The rules for filing appeals against decisions of district courts will be discussed in this article.
Consider the basic requirements for filing an appeal against decisions of the district court. The Court of Appeal considers complaints only against those decisions that have not entered into force. In accordance with the current legislation, one month is given for appealing against them from the moment the court issues the relevant decision.
Complaints in civil cases are addressed to a higher judicial authority in relation to the district court. That is, depending on which locality you live in, we can talk about republican, regional, regional courts, courts of autonomies and federal cities.
It should also be noted that despite the fact that complaints are considered by higher courts, they are filed through the courts of first instance (that is, those that made the decision under appeal). The appeal is drawn up in the number of copies that corresponds to the number of parties to the trial and other interested parties. Copies of documents confirming the position of the applicant are attached to it. The court independently notifies the parties and participants in the case of the complaint received and sends them copies of all documents.
According to Art. 322 of the Code of Civil Procedure of the Russian Federation, the text of the complaint must contain the following data:
For clarity, we offer you an approximate sample of an appeal against a court decision.
Primorsky Regional Court
690091, Vladivostok, st. Fontannaya, 53
From the plaintiff Komarova Vera Vladimirovna
Don't know your rights?
690099, Vladivostok, st. Sinelnikova, 2
APPEALS
On March 20, 2017, the District Court of Vladivostok issued a decision in case No. 1111 on a claim from the plaintiff Komarova V.V. against the defendant Sergeeva L.P. for the return of funds overpaid under the supply agreement and interest for the use of other people's funds.
On January 15, 2015, a contract was concluded between me and Sergeeva L.P. for the supply of goods (household appliances) for personal use. In view of the information erroneously indicated in the specification to the contract, at the time of its conclusion, I paid a sum of money exceeding the real value of the goods by 500,000 (five hundred thousand) rubles.
Sergeeva L.P. did not respond to my demand for the return of overpaid funds, and I was forced to go to court to enforce the collection of the specified amount and interest for the use of other people's funds from the defendant in the amount provided for by the concluded agreement. The total amount of the claim is 560,000 (five hundred and sixty thousand) rubles.
The claims were partially satisfied by the court. In accordance with its decision, the overpaid amount is due in full and interest accrued at the refinancing rate in the amount of 6,875 (six thousand eight hundred seventy five) rubles.
I consider this judgment to be a violation of Art. 330 of the Civil Code of the Russian Federation and on the basis of the foregoing, guided by Art. 228 and 330 of the Civil Code of the Russian Federation, I ask the court:
change the said decision in terms of determining the amount of interest payable and establish this amount in accordance with clause 3.5 of the concluded supply agreement, i.e. in the amount of 60,000 (sixty thousand) rubles.
Applications:
Signature: (personal signature) Komarova Vera Vladimirovna
When filing a complaint, you must remember that it is subject to state duty. The fee is half the amount paid when filing the main claim. Only certain categories of citizens who enjoy benefits (in particular, the disabled), as well as applicants in certain categories of cases (for example, state duty is not paid in consumer protection cases) can do without it.
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