According to the article 320 Code of Civil Procedure of the Russian FederationAll the decisions of the courts of first instance may be revised. The appeal is submitted to the Higher Court through the court of first instance. The compilation of this document is presented by very stringent requirements. Consider the process of filing on points.
1
Powers for filing appeal. To appeal the decision of the court can any person who participated in the case ( st. 320 Code of Civil Procedure of the Russian Federation). Moreover, if the judicial act affected the right of a third-party person, he also has the right to apply to the court with a statement to appeal.
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Dates. It is important to remember that only those solutions that have not entered into legal force are subject to appeal. The judicial act will acquire the status of legitimate a month after its submission. Therefore, only within a month there is an opportunity to submit an appeal ( st. 321 Code of Civil Procedure of the Russian Federation). In some cases, it is permissible to write an application for the resumption of the deadlines for appeal if they were missed for valid reasons that can be proved.
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Where to apply. The document with the requirements described must be submitted to the court office of the court of first instance, i.e. the court who considered the case initially ( st. 321 Code of Civil Procedure of the Russian Federation). The office workers are obliged to send a complaint to the Court of Appeal during the term provided for submitting it.
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Who considers the case. We highlight the most common options. Decisions of global courts are considered in the district courts. If the initial decision was made in the district court, appeal is considered in regional or Supreme Republican Courts. This topic is disclosed in more detail in st. 320.1 Code of Civil Procedure of the Russian Federation.
The documents. Together with a statement to appeal against the office, you must bring:
its copies for all participants in the case;
passport or power of attorney;
receipt of payment of duties.
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Supplements. Decisions of the first instance are rarely canceled, in just 10-20% of cases. In order for the appeal to appeal to be meaningless, it is necessary to provide good grounds for the cancellation of the first solution. When submitting new evidence, it should be competently explained why they were not presented in court earlier. It is prohibited to change the lawsuit or attract the case.
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Consideration of the case. The process of trial occurs in the same way as in the court of first instance. For two months, the court decides. The judge can leave him in force, change some parts or take a completely new act ( st. 328 Code of Civil Procedure of the Russian Federation). It is important to know that the appellate instance explores mainly the correctness of the application of the rules of law by the first court. Judges pay great attention to procedural violations.
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Refusal to complaint. At any stage, the applicant has the right to refuse the complaint. The exception is only the moment when the judge has already decided ( st. 326 Code of Civil Procedure of the Russian Federation). To abandon the complaint, you must submit a special statement.
If you want to make a complaint yourself, without resorting to the help of other specialists, carefully examine the case, find judicial practice for similar situations, and then make a document as correct and understandable as possible. Remember that the Higher Court is only interested in facts, business materials and practice.
Nowhere, we have such a system that no one disassembles only to plant a person for anything and write how they can do it. It is useless. Full arbitrariness and chaos.
Application form of a refusal of an appeal;
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2190
And all the same where, the prefix on the barrier, the junction or personally, the judge deemed?
Nowhere, we have such a system that no one disassembles only to plant a person for anything and write how they can do it. It is useless. Full arbitrariness and chaos.