How to appeal a regional court ruling

Unfortunately, sometimes we have to defend our interests in court or defend ourselves against unfounded claims of others. In this regard, many people have questions related to the procedure and sequence of appeals in the regional court for civil cases of constituent entities of the Russian Federation.

In this article, I propose to figure out how you can appeal the determination of the regional courts of Russia, in particular the Moscow Regional Court. We will not touch upon the specific problems of challenging judicial acts in military courts or cases where the regional court acts as the first instance. But we will answer most of the questions that concern readers.

Where to appeal the decision of the regional court

Let us remind you that the ruling is made following the consideration of the appeal by the court of second instance, and it immediately enters into legal force.

Judicial acts that have entered into force and have not passed the stage of appeal cannot be appealed to the cassation instance. Even if the deadline was missed, but the court refused to restore it, the appeal is not considered on its merits, but is returned to the applicant.

There are two exceptions:

if the judicial act is not subject to consideration in the appellate instance (court orders);
if a person is not a participant in the process, but his rights were violated by a decision or an appeal ruling.

An appeal against an appeal ruling is submitted directly to the cassation court:

at the first stage - to the Presidium of the regional court (for example, the Moscow Regional Court);
at the second stage - to the Judicial Collegium for Civil Cases of the Armed Forces of the Russian Federation.

The law allows six months for both stages in civil cases. The period begins on the next day after the announcement of the operative part of the ruling. Please note that the days and weeks required to prepare it and send it to the district court do not extend the deadline.

Important! Carefully calculate this period, taking into account that there is time left to file a cassation appeal to the Supreme Court if the Presidium refuses to consider it.

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Article 321 of the Code of Civil Procedure of the Russian Federation. Procedure and deadline for filing an appeal, presentation (current version)

This approach of the legislator guarantees the observance of the rights of persons participating in the case to exercise the right to appeal court decisions that have not entered into legal force on appeal, since it does not allow the courts to return the appeal or presentation to the applicant. However, some authors are critical of this position of the legislator, believing that it would be more correct to return the documents to the interested party by issuing an appropriate judicial ruling. Considering that the main task of the court of appeal is to review the case in order to identify and eliminate violations of the law committed by the court of first instance, one should disagree with the opinion expressed, since in this case the court of second instance is assigned unusual functions of accepting and verifying compliance with the requirements of the law of the submitted complaints and making decisions on them.

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See: Kipkaeva N.V. Returning to some issues of improving appeal proceedings in civil cases // Justice of the Peace. 2010. N 9. P. 10.

At the same time, as stated in paragraph. 3 clause 9 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 19, 2012 N 13, in order to comply with reasonable deadlines for legal proceedings, the appellate court has the right not to send the case with an appeal or presentation to the court of first instance if it determines that the appeal or presentation is responsive all the requirements of Art. 322 Code of Civil Procedure of the Russian Federation. In this case, the appellate court carries out the actions provided for in Part 1 of Art. 325 of the Code of Civil Procedure of the Russian Federation, and notifies the persons participating in the case about the time and place of consideration of the case on the appeal or presentation.

3. As noted in the Determination of the Constitutional Court of the Russian Federation of January 28, 2021 N 177-O, one of the important factors determining the effectiveness of restoring violated rights in court is the timely protection of the rights of the persons involved in the case. This means that justice can be considered to meet the requirements of fairness if the consideration and resolution of the case by the court is carried out within a reasonable time. In relation to cases within the competence of courts of general jurisdiction, compliance with a reasonable period of legal proceedings also ensures legal certainty and stability in the sphere of civil circulation. These purposes are served by the time limits for performing procedural actions, appointed by the court or established by federal law. The latter includes the deadline for filing an appeal against the decision of the court of first instance.

In the provisions of Part 2 of the commented article, the legislator determines the period given to persons participating in the case to exercise their right to appeal a decision of the court of first instance that has not entered into legal force. The one-month period established by the legislator for the appeal begins to run in accordance with Part 3 of Art. 107 and art. 109 of the Code of Civil Procedure of the Russian Federation from the day following the day of drawing up a reasoned court decision (adopting a court decision in final form), and ends on the corresponding date of the next month (see Art. 108 of the Code of Civil Procedure of the Russian Federation). The rules defining the moment of expiration of the established procedural period, in conjunction with other provisions of civil procedural legislation, are aimed at specifying the procedure for calculating the legally established period within which interested parties must decide to carry out procedural actions. In this case, one should take into account the possibility provided for by current legislation of postponing for a certain period the drawing up of a reasoned court decision. As the Plenum of the Supreme Court of the Russian Federation draws attention to in its Resolution No. 13 of June 19, 2012, this period by virtue of Art. 199 of the Code of Civil Procedure of the Russian Federation should not exceed five days from the date of completion of the trial of the case, and the presiding judge, when announcing the operative part of the court decision, must explain to the persons participating in the case and their representatives when they can familiarize themselves with the reasoned court decision. All this must be reflected in the minutes of the court session (see paragraph 13, part 2, article 229 of the Code of Civil Procedure of the Russian Federation). It should also be noted that if the deadline for production of the decision in final form falls on a weekend, then the day of production of the decision in final form should be considered the next working day. In practice, errors often arise in calculating the period for producing a decision in final form, which lead to the cancellation of judicial acts, since the mistakes made prevent the exercise of the right to appeal within the time limits established by law.

Example: The Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation, in its Ruling dated April 19, 2021 N 35-KG16-4, canceled the judicial acts of the lower courts, since the judge of the first instance court, concluding that the procedural deadline for the appeal had been missed, incorrectly determined the beginning during this period. Returning the appeal, the judge of the first instance court indicated that the appeal against the court decision of May 19, 2015 was filed by the limited liability company on June 25, 2015, that is, after the expiration of the appeal period, since the end date of the procedural period for filing a complaint is 24 June 2015 The appellate court also agreed with the ruling of the judge of the trial court, additionally indicating that the fact that the court decision was issued in final form on a non-working day has no legal significance.

However, the higher court proceeded from the fact that, since the deadline for producing the court decision in final form fell on a non-working day on May 24, 2015, in accordance with Part 2 of Art. 108 of the Code of Civil Procedure of the Russian Federation, the beginning day of this period is considered to be the next working day - May 25, 2015. Consequently, in relation to the issue under consideration, the period for filing an appeal should have been calculated by the courts from the day following the day the court decision was made in final form, that is, in this in the case of May 26, 2015, and the last day of this period was June 25, 2015, which means that the complaint was filed within the statutory appeal period.

Similar situations have become the subject of consideration by the Supreme Court of the Russian Federation before (see, for example, Determination No. 51-KG15-8 of July 28, 2015).

It should be noted that questions about calculating the terms of appeal are also of concern to scientists. According to some authors, the lack of a unified approach among judges to calculating the period for appealing a court decision leads to some disorganization when transferring cases to the appellate instance. In view of this, opinions are expressed about the need for a detailed (with examples) clarification and addition to the Resolution of the Plenum of the Supreme Court of the Russian Federation of June 19, 2012 No. 13 to ensure the unity of judicial practice on the issue under consideration.

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See: Knepman A.N. On the beginning of the period for filing an appeal against a court decision. M., 2021.

When determining the period of appeal, one should also not forget about the norm of Part 3 of Art. 108 of the Code of Civil Procedure of the Russian Federation, according to which the deadline for filing an appeal or presentation is not considered missed if they were submitted to the postal service organization before twenty-four hours of the last day of the deadline. In this case, the date of filing an appeal or presentation is determined by the stamp on the envelope, a receipt for the receipt of registered mail or another document confirming the receipt of correspondence (a certificate from the post office, a copy of the register for sending mail, etc.). These rules also apply to appeals and presentations filed directly with the appellate court.

As follows from the provisions of the commented part, the one-month period for appeal is a general rule, from which the civil procedural law may establish exceptions in the form of reduced deadlines for filing an appeal or submitting court decisions in certain categories of cases. So, in particular, the shortened period of appeal is established in the norms of Part 1 of Art. 244.17 of the Code of Civil Procedure of the Russian Federation, according to which an appeal or presentation against a court decision in a case on the return of a child or on the exercise of access rights can be filed within ten days from the date of the court decision in final form.

Previously, a reduced deadline for filing appeals, submissions against court decisions in cases of protection of electoral rights and the right to participate in a referendum of citizens of the Russian Federation, issued during the election campaign, referendum campaign before voting day, was established by Part 3 of Art. 261 of the Code of Civil Procedure of the Russian Federation and was five days from the date of adoption of the appealed court decisions. However, since September 15, 2015, in accordance with the Federal Law of March 8, 2015 N 23-FZ “On Amendments to Certain Legislative Acts of the Russian Federation in Connection with the Entry into Force of the Code of Administrative Procedure of the Russian Federation”, this category of cases is considered according to the rules , established in the CAS of the Russian Federation.

4. In order to exercise the right to appeal, the current civil procedural legislation provides for the possibility of restoring the missed procedural period. To do this, a person who has missed the deadline for filing an appeal must contact the court that made the decision with an application (petition) to restore the missed procedural deadline, which must indicate the reasons for missing the deadline for filing an appeal or presentation. Simultaneously with the application for restoration of the missed deadline, an appeal or presentation that meets the requirements of Art. 322 of the Code of Civil Procedure of the Russian Federation (see commentary to this article). It should also be borne in mind that if the prosecutor misses the deadline for filing an appeal, it does not deprive the person in whose interests the prosecutor filed an application to the court of first instance of the right to independently file an application (petition) to restore the deadline for filing an appeal. In addition, when accepting an appeal or presentation beyond the one-month period, the courts should take into account the presence of rulings on the restoration of the missed period issued by other courts.

Example: The Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation, by its Ruling dated August 16, 2021 N 5-КГ16-101, canceled the Appeal Ruling of the Judicial Collegium for Civil Cases of the Moscow City Court dated December 10, 2015 due to the fact that the appellate court did not took into account the ruling of the Savyolovsky District Court of Moscow dated October 28, 2015 to restore the deadline for filing an appeal, thereby violating P.’s right to judicial protection and access to justice guaranteed by the Constitution of the Russian Federation.

The Plenum of the Supreme Court of the Russian Federation, in its Resolution No. 13 of June 19, 2012, draws the attention of the courts to the fact that the corresponding request of a person who missed the deadline for an appeal may be contained directly in the appeal or presentation. It is necessary to take into account that when an appeal or presentation is filed against a court decision and at the same time the question of restoring the missed procedural deadline is raised, the court of first instance first decides the issue of restoring the deadline, and then fulfills the requirements of Art. 325 of the Code of Civil Procedure of the Russian Federation and sends the case along with the appeal and presentation for consideration to the court of appeal.

Moreover, it should be noted that the failure of the court of first instance to consider the issue of restoring the period of appeal in practice often becomes the reason for the court of appeal to return cases on appeal to the courts of first instance.

Example: On June 1, 2021, the office management department of the Moscow City Court received an appeal from A., acting in the interests of A.’s minor daughter, against the decision of the Nikulinsky District Court of Moscow dated October 14, 2015, which contained a request to restore the deadline for filing an appeal. However, the Moscow City Court of Appeal returned the case based on A.’s appeals to the Nikulinsky District Court of Moscow. The appellate court was guided by paragraph 40 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 19, 2012 No. 13, according to which, if, during the consideration of the case in the court of appeal, it is established that the appeal or presentation was filed after missing the established deadline for the appeal and the issue is not resolved to restore this period, the appellate court issues a ruling to leave the appeal or presentation without consideration on the merits (see Determination of the Moscow City Court dated June 2, 2021 in case No. 33-21442/2016).

As follows from the explanations of the Plenum of the Supreme Court of the Russian Federation, reflected in Resolution No. 13 of June 19, 2012, the court of first instance, which received an appeal with an application to restore the missed deadline for filing an appeal, must consider this application in a court hearing with notice persons participating in the case, whose failure to appear is not an obstacle to the resolution of the issue raised before the court (see Article 112 of the Code of Civil Procedure of the Russian Federation). The specified period can be restored only in exceptional cases when the court recognizes valid reasons for missing it due to circumstances that objectively exclude the possibility of filing a complaint within the established period, and these circumstances occurred within a period no later than one year from the date the appealed court decision entered into legal force. At the same time, the Plenum of the Supreme Court of the Russian Federation proposes to consider the following circumstances as such exceptional valid reasons:

1) related to the personality of the person filing the appeal (serious illness, helpless state, illiteracy, etc.);

2) receipt by a person who was not present at the court session in which the trial of the case ended, a copy of the court decision, after the expiration of the appeal period or when the time remaining before the expiration of this period is clearly not enough to familiarize himself with the case materials and draw up a reasoned appeal or presentation.

Example: The cassation ruling of the Supreme Court of the Russian Federation dated July 27, 2016 N 207-KG16-8 canceled the ruling of the appeal court to restore the period for appeal. The higher court found that the official's representative was not present at the court hearing in which the trial of the case ended. A copy of the reasoned decision of the court of first instance dated April 10, 2015 was received by the Federal State Institution "Vostokregionzhilye" only on April 23, 2015, and the appeal by a representative of the Federal State Institution was filed on May 15, 2015. According to the higher court, the stated circumstances indicate that the reasons for filing are valid an appeal outside the procedural period established by law, taking into account the remaining time from the moment of receipt of a copy of the court decision in final form, which is clearly insufficient for drawing up a reasoned appeal, which objectively excluded the possibility of filing the said complaint within the one-month period provided by law;

3) failure by the court of first instance to explain the procedure and deadline for appealing a court decision;

4) failure by the court to comply with the deadline for which the drawing up of a reasoned court decision may be postponed, or established by Art. 214 of the Code of Civil Procedure of the Russian Federation, the deadline for sending a copy of the court decision to persons participating in the case, but not present at the court hearing in which the proceedings of the case ended, if such violations led to the impossibility of preparing and filing a reasoned appeal or presentation within the time limit established for this.

When deciding on the restoration of the period of appeal for persons who were not involved in the case, whose rights and obligations were decided by the court, the courts of first instance should take into account the timeliness of such persons filing an application (petition) for the restoration of the specified period, which is determined based on the terms , established by the commented norm and Art. 322 of the Code of Civil Procedure of the Russian Federation and counted from the moment when they learned or should have learned about the violation of their rights and (or) the imposition of obligations on them by the appealed court decision. Problems that may arise in practice when exercising the right to appeal by a person who is not involved in the case, on whose rights and obligations the court has made a decision, can be illustrated by an example from the judicial practice of the Supreme Court of the Russian Federation.

Example: E. appealed to the court with an application to restore to her, as a person who did not participate in the case, the period for filing an appeal. As E. points out in the complaint, she became aware of the decision of the Stavropol District Court of the Samara Region dated October 3, 2013, the deadline for appealing which she missed, after she familiarized herself with the decision of the Avtozavodsky District Court of Tolyatti dated May 7, 2014 g., made in final form on May 15, 2014, to invalidate the pledge agreement concluded between E. and N.

However, the court of first instance, without examining the issue of the reasons for the applicant missing the deadline to appeal the court decision of October 3, 2013, refused to satisfy E.’s request to restore the deadline as a person whose rights were not violated by the contested decision. The Judicial Collegium of the Supreme Court of the Russian Federation overturned the ruling of the court of first instance, since it considered that the decision made by the Stavropol District Court of the Samara Region on October 3, 2013 affected the rights and legitimate interests of E., who was not involved in the case as a mortgagee, which gives her the right to appeal to the appeal procedure of this court decision, and the court of first instance did not establish the existence of valid reasons for reinstating the deadline for appealing the court decision, which in this case could be E.’s lack of information about the decision of October 3, 2013 (see for more details the Supreme Court Ruling RF dated June 16, 2015 N 46-KG15-7).

At the same time, circumstances such as a representative of the organization being on a business trip or vacation, a change in the head of the organization or his being on a business trip or vacation, the absence of a lawyer on the staff of the organization, etc. cannot be considered as valid reasons for a legal entity to miss the deadline for an appeal. (Clause 8 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 19, 2012 No. 13).

If the court finds the reasons for missing a procedural deadline to be disrespectful, the appeal or presentation is returned to the person who filed them (see in more detail the commentary to clause 2, part 1 of Article 324), but only after the ruling on refusal to restore the missed procedural deadline has entered into legal force term.

It should also be noted that based on the position of the Constitutional Court of the Russian Federation, expressed in the Determination of September 29, 2015 N 2187-O, an additional guarantee of the implementation of the procedural rights of persons interested in appealing a court decision is the possibility of filing a private appeal against a court ruling to refuse in restoring the missed procedural deadline.

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Determination of the Constitutional Court of the Russian Federation dated September 29, 2015 N 2187-O “On the refusal to accept for consideration the complaint of citizen Vadim Viktorovich Glushkov about the violation of his constitutional rights by part two of Article 321 of the Civil Procedure Code of the Russian Federation.”

The procedure for appealing an appeal ruling of a regional court

After receiving a cassation appeal to the Presidium of the regional court, the chairman or one of the judges is obliged to examine the received documents. If any non-compliance with formal requirements is found, they will be returned to the applicant. After eliminating the deficiencies, they can be resubmitted, provided that the six-month period has not expired.

He also decides the issue of retrieving the case materials from the first instance. The fact is that the assessment of the arguments is made on the basis of copies of the attached decisions. If the arguments of the complaint seem convincing to the judge, he requests the file to check how well what is written corresponds to the materials referred to by the applicant.

As a result of the analysis, the judge decides the “fate” of the complaint: either transfer it or refuse it for consideration in court. Most often, her further movement is denied.

The secretary of the court, for example the Moscow Regional Court, sends out copies of the rulings and invites all participants to the court hearing by sending a telegram or letter.

The court hearing is held in a collegial composition of at least 3 judges. In total, no more than a month is given for consideration of the cassation appeal from the date of the decision to transfer the complaint. If the case materials are requested, the period is extended for another month.

How to file a private complaint against a court ruling

The applicant must adhere to general drafting rules similar to those for an appeal against a court decision. Since they have the same reasons for leaving without moving or returning.

Most private complaints are considered without notifying the persons participating in the case, based on the case materials and arguments of the complaint; it will not be possible to verbally convey your position to a higher court. Therefore, a private complaint should be written as detailed and understandable as possible.

An exception to this rule is the appeal of rulings to suspend proceedings in a case, to terminate proceedings in a case, to leave an application without consideration, to revise court decisions, to execute a decision of a foreign court, to recognize a decision of a foreign court, to cancel a decision of an arbitration tribunal, or to extradite a writ of execution for the execution of an arbitration court decision. In the listed cases, the court notifies the persons participating in the case about the time and place of consideration of the complaint. He can also do this to objectively consider the complaint when the issue is particularly complex.

Filing a cassation appeal to the Presidium of the regional court, what to pay attention to

We should not forget that cassation courts are competent to review the legality of judicial acts, but not their validity. It is beyond her powers to establish the factual circumstances of the case and evaluate the evidence.

When drawing up a cassation appeal, try to state your position clearly and clearly. There is no need to describe in detail a long list of miscarriages of justice. This will only discourage the judge from reading it to the end. It is better to focus on one of the most obvious violations and argue it in detail, supporting it with references to legal acts and sheets of case materials. Other errors can be submitted in abstract form.

A single copy of each judicial act is attached to the cassation appeal. For other parties to the dispute (plaintiff or defendant), it does not need to be attached. At the same time, it must be stitched, numbered, contain the mark “Copy is correct”, the official seal of the court, the signatures of the secretary and the judge. It is important to check these nuances before filing a complaint with the Presidium of the Regional Court.

The application to the Presidium of the regional court must be accompanied by documents confirming payment of the state duty, availability of benefits or the possibility of deferment (reduction of the payment amount).

Note! If you do not intend to give up and are ready to use all possibilities for appeal, we advise you to order three certified copies of the decision and ruling from the court of first instance. This measure will significantly save time.

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Article 330 of the Code of Civil Procedure of the Russian Federation. Grounds for canceling or changing a court decision on appeal

The grounds for canceling or changing a court decision on appeal are: 1) incorrect determination of circumstances relevant to the case; 2) failure to prove the circumstances relevant to the case established by the court of first instance; 3) discrepancy between the conclusions of the court of first instance, set out in the court decision, and the circumstances of the case; 4) violation or incorrect application of substantive law or procedural law.
Incorrect application of substantive law is: 1) non-application of the law to be applied; 2) application of a law that is not subject to application; 3) misinterpretation of the law.
Violation or incorrect application of procedural law is grounds for changing or canceling the decision of the court of first instance, if this violation led or could lead to the adoption of an incorrect decision.
The grounds for canceling the decision of the court of first instance in any case are: 1) consideration of the case by the court in an illegal composition; 2) consideration of the case in the absence of any of the persons participating in the case and not properly notified of the time and place of the court hearing; 3) violation of the rules on the language in which judicial proceedings are conducted; 4) the court makes a decision on the rights and obligations of persons not involved in the case; 5) the court decision was not signed by the judge or any of the judges, or the court decision was signed by the wrong judge or judges who were part of the court that considered the case; 6) absence of the minutes of the court session in the case; 7) violation of the rule on the secrecy of the meeting of judges when making a decision.
If there are grounds provided for in part four of this article, the appellate court shall consider the case according to the rules of proceedings in the court of first instance, without taking into account the specifics provided for in this chapter. On the transition to consideration of the case according to the rules of procedure in the court of first instance, a ruling is issued indicating the actions that must be performed by the persons participating in the case and the time frame for their completion.
A decision of the court of first instance that is essentially correct cannot be overturned for formal reasons alone.

Where the determinations of the Moscow Regional Court and frequent examples of refusal are challenged

As mentioned above, the Presidium of the Moscow Regional Court most often issues rulings to refuse to consider a case. The next step is to appeal to the Judicial Collegium for Civil Cases of the RF Armed Forces.

If the initial decision was made by the magistrate’s court, then only the decision made at the first stage of cassation can be appealed to the board.

The Presidium of the Moscow Regional Court refuses to transfer the complaint for the following reasons:

The content of the cassation appeal does not meet the established requirements,
It was filed by a person who does not have the right to appeal,
Jurisdiction was violated
The six months established for appealing to the cassation authority were missed, or they forgot to attach a ruling on the restoration of the missed period,
If she was recalled.

Note! At the stage of the first cassation, the decision to refuse to transfer the case cannot be appealed either by way of a private complaint to the Supreme Court of the Russian Federation or to the Chairman of the Supreme Court of the Russian Federation. But this does not prevent the applicant from moving to the second stage of the cassation appeal.

Definitions for which a private complaint is not filed

A private complaint cannot be filed against the remaining rulings; one can refer to the illegality of the court’s procedural actions in an appeal against the court decision. In particular, rulings on:

trial of the case in a closed court session;
recusal of the judge, secretary, prosecutor and other participants in the case;
letter of request;
appointment of a forensic examination;
on performing an on-site inspection;
on the rejection of comments on the minutes of the court hearing, etc.

Where can you appeal a cassation ruling of a regional court?

Let's say you're lucky, and the Presidium of the regional court has given the green light to consider the case in court. Then the adopted decision of the regional court can also be appealed to the Judicial Collegium of the Supreme Court if the result does not suit you.

For example, in practice, cases of transferring a case for consideration on the merits to the Presidium of the Moscow Regional Court are rare. Even less often, they are transferred by judges of the Supreme Court of the Russian Federation to the Judicial Collegium.

This refusal can be challenged by filing a private complaint to the Chairman of the Supreme Court or his deputy. They have the right to disagree with the ruling and submit the complaint for consideration to the cassation court.

Definitions against which a private complaint may be filed

By filing a private complaint, you can appeal against the court's decisions taken at first instance. Determinations of subsequent authorities cannot be appealed in this manner.

A private complaint may not be filed against all court decisions. But only those that interfere with the consideration of the case. The possibility of appealing certain types of determinations is specifically indicated in the Code of Civil Procedure of the Russian Federation.

Here is a list of definitions, the appeal of which is directly provided for in the Code. These are the definitions:

on a petition to transfer the case to jurisdiction (Article 33);
upon an application to recognize a person as a third party in the case under consideration (Article 42);
on an application to replace the legal successor (Article 44);
on a request to secure evidence (Article 65);
determinations on the disposal of material evidence (Article 76);
return of audio and video recording media (Article 78);
on issues related to legal costs (Article 104);
refusal to add a court fine or reduce it (Article 106);
restoration or refusal to restore a missed procedural period (Article 112);
refusal to accept the statement of claim (Article 134);
return of the application (Article 135);
leaving the statement of claim without progress (Article 136);
securing a claim (Article 145);
on an application for corrections to a court decision (Article 200);
on refusal to satisfy a petition for an additional court decision (Article 201);
on an application for clarification of a court decision (Article 202);
deferment or installment plan for the execution of a court decision, change in the method and procedure for its execution (Article 203);
on an application for indexation of awarded amounts of money (Article 208);
on an application for immediate execution of the decision (Article 212);
on an application to suspend the proceedings (Article 218);
refusal to satisfy the petition to cancel the ruling to leave the application without consideration on the grounds specified in paragraphs 7 and 8 of Art. 222 Code of Civil Procedure of the Russian Federation (Article 223);
refusal to issue a ruling prohibiting the person who issued the security from making payments or issues under the document (Article 296);
prohibiting the person who issued the document from making payments or issues under the document (Article 298);
leaving the appeal without progress (Article 323);
on a petition for the return of an appeal (Article 324);
on applications for review of court decisions based on newly discovered or new circumstances (Article 397);
execution of a foreign court decision (Article 412);
recognition of a foreign court decision (Article 413);
cancellation of the arbitration court decision (Article 422);
issuance of a writ of execution for the forced execution of an arbitration court decision (Article 427);
upon an application for the issuance of a duplicate of a writ of execution or a court order (Article 430);
on an application to restore the deadline for presenting a writ of execution (Article 432);
suspension or termination of enforcement proceedings (Article 440);
on an application to reverse the execution of a court decision (Article 444);

An approximate list of rulings that can be appealed, since they exclude the possibility of moving the case:

on refusal to accept an application for a court order (Article 125),
on termination of proceedings in the case (Article 221),
about leaving the application without consideration (Article 222, except for the cases provided for in paragraphs 7 and 8 of this article);
on an application for a private court ruling (Article 226);

Assistance from a lawyer in appealing to the Supreme Court

If your rights have been violated, you should not put off filing a complaint “for later.” Every missed day ruins your chances of winning.

An appeal against the appeal ruling of the regional court of the Moscow region and other constituent entities of the Russian Federation is possible both on one’s own and with the help of a lawyer. But in order to understand all the nuances, it is important to have a good knowledge of judicial practice. Therefore, it is best to use the help of a specialist; this measure will allow you to fully defend your interests.

At an individual consultation, we will tell you how best to appeal the determination of the regional courts of Russia, the Moscow Regional Court. During the conversation, you should not hold back details, so we will develop an effective strategy to achieve a favorable result.

Article 320 of the Code of Civil Procedure of the Russian Federation. Right of appeal

Decisions of the court of first instance that have not entered into legal force may be appealed on appeal in accordance with the rules provided for by this chapter.
The right to appeal a court decision belongs to the parties and other persons participating in the case. The right to bring an appeal belongs to the prosecutor participating in the case.
Persons who were not involved in the case and whose rights and obligations were resolved by the court also have the right to file an appeal.