An appeal against a magistrate's decision is filed when there are grounds to believe that the verdict was rendered illegally or unreasonably. Any party to the proceedings has the right to appeal the decision of the magistrate. An important requirement is to comply with the filing deadlines and draft the complaint correctly.
In accordance with Article 199 of the Code of Civil Procedure of the Russian Federation, the magistrate has the right not to present a reasoned decision on the proceedings reviewed by him. Participants in the case who wish to appeal the decision of the magistrate must submit an application, in which case the judge will be obliged to provide the full text of the decision or review the verdict.
Who can file a complaint
An appeal against a decision of a magistrate in a civil case is regulated by Article No. 320 of the Code of Civil Procedure of the Russian Federation. If the defendant or other persons wish to challenge the verdict, this must be done before it enters into force. Once the process is complete, this is unacceptable.
The following persons can file an appeal:
- plaintiff and defendant;
- public prosecutor;
- other participants in the process.
Persons who did not directly participate in the meetings or are related to the case, but did not appear in the process, are also able to appeal the decision.
In order for an appeal to be accepted for consideration, a number of rules are taken into account:
- A package of necessary documentation is being prepared. Collection of documents is a mandatory procedure for all participants in the proceedings. Without completeness of data, the appeal will not be considered.
- An appeal does not allow the application to indicate requirements that were not previously stated. Despite this, the applicant has the right to use additional arguments in his favor. It is important to provide significant facts that explain why this information or evidence was not provided at the time the case was first decided.
- Based on the results of a re-examination of all aspects of the proceedings, a verdict, ruling and determination will be made, but even a repeated decision can always be challenged through a cassation appeal.
An appeal against the magistrate's decision on divorce is filed by one of the spouses. Such nuances often include the following reasons:
- husband and wife decided to save their marriage;
- dispute over the amount and calculation of alimony;
- there are property disagreements regarding who and where their child will live.
The desire to change the court's decision is not enough. It is important to present the facts within a short period of time so that the case can be returned for retrial.
As evidence, you can present not only official papers, but also witness statements.
It is better for disinterested persons to speak at the rehearing rather than relatives. The maximum number of transfers cannot exceed three.
Lying in court is punishable by law, on the basis of Articles No. 306 and No. 307 of the Criminal Code of the Russian Federation.
If a complaint against a magistrate’s decision on deprivation of rights is being considered, then you can count on success if there is a good reason. The human factor plays a role in this matter.
Perhaps the traffic police inspector made a mistake or other government officials exceeded their powers. To challenge the verdict of deprivation of a driver’s license, they are guided by Articles 30.1 – 30.8 of the Administrative Code.
Reasons:
- an error was made when drawing up the protocol;
- the magistrate, when considering the issue, did not take into account important aspects of the case;
- the judicial representative incorrectly interpreted the provisions of the law of the Russian Federation;
- Important witnesses, whose petition was filed but were rejected, were not interviewed.
If a person's driver's license is revoked because he was driving while intoxicated and the main evidence of guilt is a test, then testing the device can be a valid basis for an appeal.
For example, the device for testing alcohol levels did not indicate the manufacturer, it was faulty, or such a procedure was not carried out at all. Then it is necessary to write a petition requesting a change in the penalty.
An appeal against the decision and ruling of a magistrate on an administrative offense may be appealed to a district (city) court.
Peculiarities:
- Persons in respect of whom the proceedings are being conducted can file an appeal against the decision of the magistrate in administrative proceedings.
- The collected package of documents for appealing the decision is submitted to the magistrate, who directly made an unsatisfactory decision in this case.
- After receiving the papers, the magistrate is obliged to send the documentation with all additional materials to the district court within 3 days.
Filing an application is the first stage of an appeal. All decisions that were made at the first stage will be reviewed.
Where is the appeal filed and by whom is it considered?
An appeal against the magistrate's verdict is filed with the city district court where the official works territorially. That is, to the same place where the verdict was made.
After all documents are collected and sent to the court office, the appointed official considers the possibility of an appeal.
Direction order:
- A review of the grounds is carried out to decide whether to accept or reject the complaint.
- If the appeal application is accepted, then a mark is placed with the result of the measures taken.
- Copies are sent to all participants in the process and filed in the file.
- When the period for consideration of the application comes to an end, new proceedings begin to appeal the materials of the civil case.
- Everyone involved in the case is notified when and where proceedings will continue.
The process takes place in the first instance.
If before the verdict is rendered it becomes clear that the previous decision of the magistrate is rejected, the new verdict comes into force. The procedure is the same for all types of proceedings. Sometimes, instead of making a decision, the judge may issue an order that the previous verdict is quashed.
The decision on appeal can always be appealed by filing a cassation appeal. The issue will be dealt with by a higher authority.
Period for consideration of an appeal
For all determinations there is a single period when they can be appealed - 15 days. We are talking about the courts of first instance. The countdown begins from the date specified in the definition. The rule is contained in Article 108 of the Code of Civil Procedure of the Russian Federation: it does not matter when you received the determination, it is important when it was issued.
If it turns out that the last, 15th day of the dispute falls on a Saturday or Sunday, the appeal period is extended until the first working day. In other cases, this period can be extended only for a good reason. Ignorance that the court has made a ruling, as a rule, does not relieve one from liability.
If you decide to appeal a particular procedural decision, your application will be considered in the second instance. If you would like to increase your chances of a successful appeal outcome, contact a legal professional. It will help not only with the definition. A good lawyer will be able to challenge:
- Resolution on an administrative offense.
- Court decision on loan.
- Resolution of the traffic police in court.
And the list of his competencies is not limited to this. The choice of specialist depends on the client’s request. Some lawyers specialize in representation during criminal trials, others help resolve administrative issues, and still others advise on family and labor law.
You can submit a request on the R.TIGER marketplace. Just indicate what you would like: to sort out the definition, complain about the decision of one or another authority, represent your interests, or simply get advice. You will also need basic information about you or your company. Those specialists who are strong in the topic and have positive experience in the specified field will respond to your application.
Working with R.TIGER means saving your finances. The service itself is free. The cost of a lawyer's services is determined by the client. Payment to the lawyer occurs only after they are fully provided. If this does not happen, we will return your funds in full.
Sources:
What is a court ruling
Appealing court rulings
Contents of the court ruling
Deadline for filing a complaint
An appeal must be filed within the strict time limits established by law. The beginning of the period is considered from the moment when the resolution has already been drawn up, but the case has not yet been finally closed. The countdown begins after the verdict has been finalized.
There are deadlines for different categories:
- for civil proceedings – 30 calendar days;
- for administrative and criminal cases – 10 calendar days.
An appeal against the magistrate's verdict will not be considered if the deadline has expired. But each participant in the process can restore this period through a statement. After acceptance of the application, two months are allocated for a response.
Conditions for appealing court rulings
The Civil Procedure Code of the Russian Federation specifically states which court rulings are subject to appeal. These are the definitions:
- about legal costs
- on securing a claim
- on suspension of proceedings in the case
- on the restoration of a missed procedural deadline
- about refusal to accept an application
- about returning the application
- about leaving the statement of claim without progress
- on amendments to the court decision
- on refusal to make an additional court decision
- on clarification of the court decision
- on suspension, termination of proceedings
- about leaving the application without consideration
- about leaving the appeal without progress
The rulings of the court of first instance, which prevent further progress of the case, are also being appealed. No complaints can be filed against other determinations. In case of disagreement with the actions of the court, the applicant can appeal this court decision by including his arguments in the appeal against the decision in the case.
Persons participating in the case have the right to submit written objections to a private complaint. The appeal takes place in the manner established for appeals.
What documents should I attach?
Before submitting documents, read the comments of Article No. 322 of the Code of Civil Procedure of the Russian Federation. The appeal is rejected if not the entire package of documentation is attached to the application.
The mandatory list includes:
- complaint (its text);
- copy of the definition;
- power of attorney if another person acts for the applicant;
- receipt of payment of state duty;
- a receipt confirming that notification letters have been sent to all participants in the process.
It is not necessary to attach documentation that has already been accepted for office work. The prepared package of papers can be sent to the judicial department by registered mail, Russian Post, or delivered in person.
The number of copies of complaints sent to the district court must correspond to the number of participants in the process.
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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State duty amount
The resolution on the payment of the state duty, its amount refers to articles No. 333.35, No. 333.39, No. 333.19 of the Tax Code of the Russian Federation. The state fee when filing an appeal against a decision of a magistrate is paid before the application is submitted.
Its size is:
- 150 rubles for individuals;
- 3000 rubles for legal entities.
When submitting applications to the courts, people forget to pay the state fee or make contributions even though they are exempt from them.
Groups of persons whose applications are considered free of charge by the state: representatives of government authorities; persons who stood up for the protection of children; when protecting copyright or consumer rights, people with disabilities.
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.
How to file an appeal
An appeal against a magistrate's verdict is filed by any of the list of persons involved in the proceedings. The application is filled out on a special form. The requirements and rules for filling out are specified in the comments to Article No. 328 of the Code of Civil Procedure of the Russian Federation.
Main aspects of filling:
- The appeal is written to the judge. The document has a “header” where the name of the court is written, where basic information about the plaintiff is sent: full name, address, telephone.
- The body of the letter indicates why the person considers the court’s verdict to be unfounded. All requirements presented by the applicant must comply with the authority of the institution where the paper is submitted.
- If the appeal is filed on the basis of additional evidence (papers, witness statements, video and audio files), then the applicant must explain why this evidence was not presented earlier.
No less important is the literacy of the application and the brevity of the presentation of information. To compose the text correctly, additionally read Article No. 325 of the Code of Civil Procedure of the Russian Federation.
Care should be taken to ensure the completeness of the data. The main points where people who are not legally savvy most often make mistakes: information about the plaintiff or defendant, the essence of the complaint, a list of documentation.
The applicant often does not indicate his passport details, registration address and actual place of residence.
