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How to appeal against the court decision

How to appeal against the court decision

Court decisions can be appealed by filing a written complaint to the higher court.

The procedure for complaints is clearly established by the Arbitration and the Civil Procedural Code of the Russian Federation.



When making a complaint to the court's decision in the firstturn, determine whether the deadline for its submission has expired and the name of the court to which it is directed. Thus, the appeal (against decisions of justices of the peace) and appeals (against decisions of the district courts of cities) served within 10 days from the date of the judgment of the first instance court and sent to: the first - in the District Court, the second - in the regional (subjects of the court). Supervisors complaints entered into force on judicial acts filed within 6 months of the Presidium of the Supreme Court of the RF subject, and then the Judicial Board on Civil Cases of the Supreme Court of the Russian Federation.


The arbitration everything easier. Here all the not yet effective solutions to the Arbitration Court of the Russian Federation subject to appeal (deadline - 1 month), to come into force - an appeal to the County Court of Arbitration (deadline - 2 months). The application for judicial review act as supervision in arbitration proceedings is served in the Supreme Arbitration Court of the Russian Federation (the term or three months from the date of entry into force of the last act of the case).


Requirements for the form and content of all kinds of complaintsclearly established by law (Code of Civil Procedure of the Russian Federation, the APC RF) and their non-compliance entails such unpleasant consequences as leaving without movement or return. This does not prevent the re-direction of a complaint after the elimination of deficiencies, but takes time and reduced time to appeal.


So start making a complaint to the guidancethe upper right corner of the details of the court in which it podaetsya- here write your data and all persons involved in the case. Below, specify the name of the application, for example, "An appeal against a decision of Zavadski district court of the city of Saratov on the case number 333 on the suit of RA Bogachev to HBC, "Topol" from 11.11.10 g. "


The main text of the complaint, specify: the content of the contested decision of the court, its requirements and the grounds on which the decision of the lower court you believe to be illegal and subject to cancellation or change. For example, do you think that the court incorrectly determined the circumstances relevant to the case and the circumstances have not been proved in the course of proceedings in court delu- conclusions do not correspond to the circumstances dela- court violated the substantive or procedural law.


Pleading part separate from the main textthe words "on the basis of the above request to the court ...". At the same time ask the court you can only that part of his powers. So the regional court on appeal proceedings can: to leave the decision of the first instance court unchanged, to cancel it completely or in part, and remand the case for retrial, etc. (Powers of the courts of all instances clearly defined in the relevant articles of the AIC and the CPC of the RF).


Attached to the complaint is required to provedrawn up a separate list, which should be placed after the request addressed to the court, but before your signature. Be sure to attach the receipt of the state fee, a copy of the contested decision.

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