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How to appeal

How to file an appeal

The appeal in the broadest sense of the word - a complaint to a higher authority with a request to reconsider the decision of the lower, if for some obvious reasons you are not satisfied.

Most often, this document is used in the judicialpractice when the court decision did not satisfy one or both sides, however, appeal the court decision may even third party who saw in this decision a violation of the law.

When appealing

Chapter 39 of the Civil Procedure Code of the Russian FederationIt provides for the participants of the action, unmet reaching the decision, to appeal to a court of higher jurisdiction. Complaint judgment is served in the form of an appeal before it enters into force, so it is important to observe the deadline for submission. If the case was heard in the magistrates' court, you can file an appeal within 10 days after the magistrate issued a final decision, in other cases it should submit within one month, unless otherwise stipulated by law. Please review the decision and may concern only a part of it. The appeal, in contrast to a court order, may be filed on the decision rendered in absentia.

Where appeal

If the case is decided in the Magistrate's Court, an appealIt must be submitted to the district court. When you are not satisfied with the result of the court cases pending in the district court, the complaint must be filed in the Supreme Court of the Republic, the autonomous region, and you can refer to it in the regional, territorial or municipal court. In turn, the legitimacy of the decisions made by these courts, considering the judicial board on civil and administrative cases of the Supreme Court. The latest, highest, level, where you can go to appeal - it is the Appeals Chamber of the Supreme Court.
The procedure requires an appeal to itIt was filed through the court which made the decision on your case. It is necessary for compliance with the existing formalities and legal procedures governing the appeal.

How to write an appeal

The content and structure of this documentregulated st.322 GIC RF. According to her, in the address of the document must specify the name of the High Court, in which you address your complaint, and complete information about you: name, surname and patronymic, passport details, address of permanent residence and residence.
The text of the appeal must specify the fulldetails of your case - his name and number, date of issuance, name of the judge who took the decision. The main part of the appeal, state the nature of the complaint, write what you think is the wrong decision, give your reasons, a reference to the case file and on the new evidence, if they were. Formulate their request, taking into account the specific powers enjoyed by the supreme court of appeal, court.
Give the list of documents that you are usingas an application and sign the appeal, indicating the current date. Note that the text of the appeal and its annexes must be submitted in the number of copies of all stakeholders.

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