When a court of first instance considers a civil case, it can express its position in the form of two documents: a decision or a ruling. The first of them is made when the court announces its verdict on the merits of the dispute.
The definition concerns certain issues that require resolution during the hearing of the case. However, both the decision and the ruling can subsequently be appealed to a higher court. Often the court makes not final decisions on the case, but rulings. They influence the further course of the trial. And a private complaint can be filed against them in a civil case.
The Code of Civil Procedure of the Russian Federation regulates these events by establishing certain requirements for these documents. Our article will cover various points related to this topic. The advice provided in this publication is intended to make it easier to compile and submit all materials for review.
What is the difference between a private complaint and an appeal?
The first and main difference between these documents is as follows. An appeal is always filed against a court decision.
The subject of a private complaint can only be a determination, which a party to the case, third parties and other participants interested in the dispute have the right to appeal separately (Article 333 of the Code of Civil Procedure of the Russian Federation). Therefore, these two documents have different names.
An appeal against the determination is possible simultaneously with the decision. Then only an appeal is filed in court since two judicial acts are being appealed at once.
In addition, unlike an appeal, filing a private complaint in court does not require payment of a state fee. Therefore, the interested party will be able to save on their legal costs.
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It is necessary to pay attention to the fact that a document such as a private complaint is typical for civil proceedings. When considering a case in an arbitration court, an appeal is still filed against the ruling.
Peculiarities
According to the Civil Procedure Code of the Russian Federation (Civil Procedure Code of the Russian Federation), a private complaint is filed by the plaintiff, defendant, prosecutor or some other party.
The case is submitted for a ruling by the court of first instance (district/magistrate judge, etc.) under the following circumstances:
- the announced ruling prevents the continuation of the trial;
- the possibility of appeal is provided by the norms of the procedural code.
Determinations are made by courts that have the right to consider materials of the first instance. Therefore, a private complaint against the ruling of the magistrate is considered by the district court, while disagreement with the ruling of the district judicial body is considered by the court of a specific subject of the Russian Federation.
Important! Written disagreement with the ruling is allowed to be submitted regardless of challenging the results of the main court decision. If filing a civil procedure is not provided for by the Civil Procedure Code, the possibility of challenging it still exists: instead of a complaint, an objection should be filed and attached to the appeal or reflected in its content.
How can an ordinary citizen without a legal education understand that he has the right to prepare a criminal case for determination?
A comprehensive answer is reflected in the contents of the document: in most cases, this right is described in detail here, as well as its valid terms are clearly outlined. If the ruling does not contain such information from the court, Art. 331-335 of the Code of Civil Procedure of the Russian Federation, which mentions cases regarding the filing of ChZh.
There is no need to pay state duty (Clause 1 of Article 333.36 of the Tax Code of the Russian Federation)
Filing a private complaint under the Code of Civil Procedure of the Russian Federation: conditions and deadlines
In order to file a private complaint against a court ruling, two conditions must be met. The first of them is that the possibility of appealing the determination was expressly stated in the legislation (in this particular case - Article 333 of the Code of Civil Procedure of the Civil Procedure Code of the Russian Federation).
The second condition is that the determination must create an obstacle to further hearing of the case.
For example, the court unreasonably suspended the proceedings, thereby postponing the resolution of the issue for an indefinite period. In addition, the subject of a private complaint may be a determination to order an examination.
A private complaint against a court ruling is filed within 15 days from the date of receipt of a copy of the ruling. If this deadline was missed for reasons beyond the control of the party, it can be restored.
However, to do this, you must send a separate petition to the court or directly indicate the relevant grounds in a private complaint. The complaint itself should be filed both for the court and in copies for the other parties and other participants in the process (third parties and the prosecutor).
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Consideration
Consideration of a private complaint lasts about 60 days and is counted from the date of the applicant’s first appeal; the procedure for consideration is provided for in Article 333 of the Code of Civil Procedure of the Russian Federation.
The days allocated for correcting errors in the application are included in this period.
The main feature of the consideration is that this happens without the presence of both parties, that is, it will not be possible to give any oral explanations and somehow argue your arguments. Therefore, a private complaint is drawn up in great detail.
There are also cases that are exceptions and are considered with notice. These may be determinations relating to office work (For example, suspension and termination of procedural actions in a case), complaints against decisions of arbitration courts and courts of foreign states.
Procedure for filing a private complaint
Despite the fact that a private complaint is addressed to a higher judicial authority, it is always filed through the court that issued the appealed ruling. It should be remembered that if a controversial decision is made by a magistrate, the complaint is filed with the district court.
A private complaint to the board of appeal is practically no different in content from an appeal.
It must also contain details of the higher court, information about the parties, the date of the ruling, the case number, as well as a statement of the circumstances due to which the applicant considers the court’s ruling illegal.
In the final part of the complaint, you should ask the higher court to cancel the ruling and order it to continue considering the case on the merits.
As a general rule, a private complaint is considered within two months. If it is satisfied, consideration of the case on its merits will continue.
If you need to write a private complaint, you can order the service through an online legal consultant, or call the phone numbers listed on the website.
Sample of a private complaint against a court ruling
Results of the complaint
Mikhail Suvorov
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A private complaint is considered by the court in the absence of the applicant. Therefore, it will not be possible to personally influence the process and bring any arguments in your favor. Consequently, in order for the decision on a private complaint to satisfy the participant in the civil process, it is necessary in the complaint itself to indicate as fully as possible the circumstances that make it possible to cancel or appeal the court’s ruling.
The applicant will receive a response from the court in writing to the address of the place of registration or actual residence.
The court may issue an appellate ruling on a private complaint:
- leave the ruling of the lower court unchanged and the complaint unsatisfied;
- cancel the ruling of the court of first instance.
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