An appeal against a decision of a Moscow district court in a civil case must comply with the requirements of the Civil Procedure Code of the Russian Federation.
An appeal is a common occurrence in resolving disputes and is the second judicial authority in civil proceedings. To move to this stage of the civil process, you must file an appeal.
The essence of this stage of the judicial process is to check the court decision for any existing contradictions with current legislation. Most often, this is an incorrect application of legal norms or a violation of procedural rules.
Filing an appeal to the Moscow City Court
For further appeals, we recommend using as a basis the sample appeal against a district court decision located at the end of the article.
As a specific example, we will take the procedure and procedure for filing an appeal with the Moscow City Court in 2021.
In this article we will indicate the main points that you should focus on and pay close attention to.
Based on the results of the appeal, if there are grounds for changing or canceling the judicial act, the court:
- leaves the appealed decision in force;
- makes a new decision on the case;
- cancels the decision in part;
- sends for new consideration.
When filing an appeal to the Moscow City Court, we recommend paying attention to the following important factors.
An appeal from a district court decision can be filed by any party to a civil proceeding, whether it is the plaintiff or the defendant. In addition, other persons participating in the case have this right, a full list of which is given in Art. 34 Code of Civil Procedure of the Russian Federation.
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Persons who did not take part in the consideration of the claim in the district court of Moscow also have the right to file a complaint, provided that the court decision affected their rights and interests. We also remind you that the function of filing a complaint against a court decision can be entrusted to your representative - a lawyer or attorney.
Appeal ruling of the Moscow City Court dated June 23, 2021 in case No. 33a-2549/2021
The Judicial Collegium for Administrative Cases of the Moscow City Court, composed of presiding V.V. Stavich,
judges name, name,
under secretary A.A. Aliksina, considered in open court based on the report of judge V.V. Stavich case on the appeal of the administrative plaintiff, full name, against the decision of the Zamoskvoretsky District Court, address dated December 25, 2021, which refused to satisfy the administrative claim, full name, against the Ministry of Justice of the Russian Federation to declare illegal the refusal of state registration of a trade union organization,
INSTALLED:
I.L. Trunov filed an administrative claim in court to invalidate the decision of the Russian Ministry of Justice of November 20, 2021 to refuse state registration of the All-Russian Independent Trade Union of Lawyers, considering the Ministry’s conclusion that the Charter of the trade union and other submitted documents contradict the legislation of the Russian Federation to be illegal, goals and objectives of trade unions.
The requirements are motivated by the fact that the registration of a trade union is of a notification nature, so the Ministry could not refuse its registration.
The court made the above decision, the cancellation of which is requested by the administrative plaintiff I.L. Trunov, referring to the international experience of creating and functioning of trade unions of lawyers, to the discrimination committed against lawyers.
At the meeting of the judicial panel, the representative of the administrative plaintiff, full name - lawyer, full name, supported the arguments of the appeal.
The panel of judges based on Art. 150, Art. 152 of the CAS of the Russian Federation considered it possible to consider the case in the absence of the administrative defendant notified of the time and place of the court hearing.
Having checked the case materials, listened to the representative of the administrative plaintiff, and discussed the arguments of the complaint, the judicial panel finds no reason to change or cancel the appealed decision, made in accordance with the actual circumstances of the case and the requirements of the current legislation.
Parts 9, 11 art. 226 of the CAS of the Russian Federation establishes that, unless otherwise provided by this Code, when considering an administrative case challenging a decision, action (inaction) of a body, organization, person vested with state or other public powers, the court finds out:
1) whether the rights, freedoms and legitimate interests of the administrative plaintiff or persons in defense of whose rights, freedoms and legitimate interests the corresponding administrative claim was filed were violated;
2) whether the deadlines for going to court have been met;
3) whether the requirements of regulatory legal acts establishing:
a) the powers of a body, organization, person vested with state or other public powers to make a contested decision or perform a contested action (inaction);
b) the procedure for making a contested decision, performing a contested action (inaction) if such a procedure has been established;
c) the grounds for making a contested decision, performing a contested action (inaction), if such grounds are provided for by regulatory legal acts;
4) whether the content of the contested decision, the contested action (inaction) committed corresponds to the normative legal acts governing the disputed relationship.
The obligation to prove the circumstances specified in paragraphs 1 and 2 of part 9 of this article is assigned to the person who applied to the court, and the circumstances specified in paragraphs 3 and 4 of part 9 and in part 10 of this article are assigned to the body, organization, person authorized state or other public powers and have made contested decisions or committed contested actions (inaction).
As follows from the case materials and established by the court of first instance, on October 21, 2021, the Russian Ministry of Justice received documents for state registration as a legal entity of the All-Russian Independent Trade Union of Lawyers.
November 20, 2021 I.L. Trunov was notified of the refusal to state registration of the said trade union on the basis of Article 23 of the Federal Law of May 19, 1995 No. 82-FZ “On Public Associations”, since the information set out in the organization’s Charter does not allow us to conclude that this organization is trade union.
Resolving the dispute on the merits, the court of first instance came to the conclusion about the legality of the refusal to state registration of the All-Russian Independent Trade Union of Lawyers and therefore refused to satisfy the administrative claim in full.
These conclusions of the court are motivated, confirmed by the evidence available in the case file, and there are no grounds for declaring them illegal according to the arguments of the appeal.
According to clause 1 of the Regulations on the Ministry of Justice of the Russian Federation, approved by Decree of the President of the Russian Federation of October 13, 2004 No. 1313, the Ministry of Justice of the Russian Federation (Ministry of Justice of Russia) is a federal executive body that carries out the functions of registering non-profit organizations.
By virtue of Article 23 of the Federal Law of May 19, 1995 No. 82-FZ “On Public Associations,” state registration of a public association may be denied on the following grounds:
1) if the charter of the public association contradicts the Constitution of the Russian Federation and the legislation of the Russian Federation;
2) if the documents required for state registration, provided for by this Federal Law, are not fully submitted, or are executed in an inappropriate manner, or are submitted to an inappropriate body;
3) if the person who acted as the founder of the public association cannot be a founder in accordance with part three of Article 19 of this Federal Law;
4) if a previously registered public association with the same name operates within the same territory;
5) if it is established that the submitted constituent documents of the public association contain false information;
6) if the name of the public association offends the morality, national and religious feelings of citizens.
Refusal of state registration of a public association based on the inexpediency of its creation is not allowed.
In case of refusal of state registration of a public association, the applicant is informed about this in writing, indicating the specific provisions of the Constitution of the Russian Federation and the legislation of the Russian Federation, the violation of which entailed the refusal of state registration of this association.
The legal basis for the creation of trade unions, their rights and guarantees of activity are subject to regulation by the Federal Law of January 12, 1996 No. 10-FZ “On trade unions, their rights and guarantees of activity.”
According to paragraph 1 of Art. 2 of the same Law, a trade union is a voluntary public association of citizens bound by common production and professional interests in the nature of their activities, created for the purpose of representing and protecting their social and labor rights and interests.
During the legal examination of the submitted documents, it was revealed that the Charter of the All-Russian Independent Trade Union of Lawyers submitted for registration, which contradicts the legislation of the Russian Federation.
So, set out in paragraphs. 2.1.1, 2.2. of the Charter, the purpose of the trade union’s activities to protect the legitimate social and labor rights and interests of lawyers contradicts the purpose of the trade union’s activities set out in Article 2 of the Federal Law of January 12, 1996 No. 10-FZ “On trade unions, their rights and guarantees of activity”, as well as established by Article 2 of the Federal Law of May 31, 2002 No. 63-FZ “On advocacy and the legal profession in the Russian Federation” prohibits lawyers from entering into labor relations as employees. Such goals are not related to the protection of social and labor rights and interests of workers.
Such regulation is predetermined by the special status of a lawyer as an independent professional adviser on legal issues (clause 1 of Article 2 of the Federal Law of May 31, 2002 No. 63-FZ “On advocacy and advocacy in the Russian Federation”), while labor relations arise between an employee and the employer on the basis of an employment contract concluded in accordance with the Labor Code of the Russian Federation (Article 16 of the Labor Code of the Russian Federation).
Reference in the appeal to Article 39 of the Federal Law of May 31, 2002 No. 63-FZ “On advocacy and the legal profession in the Russian Federation”, which provides for the right of lawyers to create public associations of lawyers and (or) be members (participants) of public associations of lawyers, the above does not contradict the legal position of the Russian Ministry of Justice, since trade unions are a separate type of public associations and have specific features of their creation that are provided for by a special law.
At the same time, the norm of Article 39 of the Federal Law of May 31, 2002 No. 63-FZ “On advocacy and the legal profession in the Russian Federation” does not contain the conditions under which lawyers have the right to create trade unions. Therefore, the complaint’s argument about discrimination against lawyers on professional grounds is untenable.
The arguments of the appeal that lawyers, in addition to their professional activities, have the right to engage in teaching, scientific or creative activities, also do not indicate the incorrect application of substantive law by the court, since I.L. Trunov did not request registration of a trade union for workers in the teaching, scientific or creative fields.
The argument of the complaint that the work of lawyers is subject to payment, including from the state from the federal budget, in the opinion of the judicial panel, does not indicate the emergence of labor relations, even despite the fact that the legislator mentions the word “labor”, based on from the status of a lawyer and the nature of the assignment.
Other arguments of the appeal do not refute the conclusions of the court, were the subject of investigation by the court of first instance, and their groundlessness is reflected in the court decision outlining the relevant motives.
Since the decision was made by the court with the correct application of the rules of substantive law and in compliance with the rules of procedural law, it is legal and justified and cannot be canceled.
Guided by Art. 311 CAS RF, judicial panel for administrative cases of the Moscow City Court
DEFINED:
the decision of the Zamoskvoretsky District Court dated December 25, 2020 is left unchanged, the appeal is not satisfied.
A cassation appeal can be filed through the court of first instance within six months to the Second Cassation Court of General Jurisdiction and the Supreme Court of Russia.
Presiding
Judges
Features of drawing up an appeal
Try to express your thoughts correctly; the text of the complaint should be structured and logically consistent. Describe specifically what conclusions of the trial court you disagree with.
Provide compelling reasons and arguments. Preferably with references to judicial practice and clarifications of the Supreme Court.
Under no circumstances beg the actions of the judge who made the decision. Do not use the phrase: “The court should have known, but he did not do or did not apply...” Thus, you are saying: “I am smart, and he is a fool.” Remember, he is also human and prone to making mistakes.
When reading your complaint, the higher court judge will definitely pay attention to this point. It is best to smooth out such corners. Let’s say you can use the phrase: “The court overlooked the following circumstances...”. And then give your arguments.
Important nuances
In order for an application for review of a judicial act in the Moscow City Court to have a chance of success, it is advisable to seek the services of a representative who has legal experience in such cases.
Factors that are important when filing an appeal:
- it is necessary to identify inconsistencies with the substantive law of the Civil Code or non-compliance with the procedural rules enshrined in the Code of Civil Procedure of the Russian Federation, with references to specific articles;
- if new evidence is presented, it is necessary to provide confirmation that it was impossible to provide it in the court of first instance, the same applies to calling new witnesses;
- references to judicial practice and decisions of the Plenums of the Supreme Court of the Russian Federation greatly increase the chances of success of an appeal.
Structure of an appeal against a district court decision
When preparing an appeal to the Moscow City Court in a civil case, special attention should be paid to the form, structure and details of the complaint.
It should contain the following information:
- Name of the court and its divisions. In this case, this is the Judicial Collegium for Civil Cases of the Moscow City Court.
- FULL NAME. participant in the process filing the complaint, place of residence, indication of the position occupied in the court case (plaintiff, defendant, other persons under Article 34 of the Code of Civil Procedure of the Russian Federation).
- Link to the decision of the first instance.
- Arguments indicating the need to change the decision of the first instance.
- List of documents that are attached to the complaint.
- Date and signature.
We recommend! Appealing a decision in an administrative case
An appeal against a court decision must be accompanied by:
- Copies of the complaint according to the number of participants.
- A receipt indicating the fact of payment of the state duty.
- Power of attorney for a representative.
In case of further appeal of judicial acts, a cassation appeal against the appeal ruling of the Moscow City Court will be required
I would like to draw special attention to the following circumstance. The appellant has the opportunity to provide additional evidence in the case, provided that in the court of first instance he was prevented from doing so for objective reasons.
If any provisions do not meet procedural requirements, then, as a rule, the complaint will be left without progress or even returned.
With this option, it will be necessary to eliminate the comments and shortcomings of the appeal specified in the court’s ruling. As a result, the deadlines are delayed, the original court decision comes into force and an appeal through the appellate procedure is no longer possible.
Expert commentary
Roslyakov Oleg Vladimirovich
Lawyer, specialization civil law. More than 19 years of experience.
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Agree, this fact is significant. Therefore, if you have any questions, we recommend that you contact our qualified lawyers, they will help you understand the problem. In addition, below you can submit complaints regarding a civil case to the Moscow City Court in word format. This form gives an idea of how to correctly draw up a procedural document and avoid mistakes.
How to file a complaint
A package of documents for review of the case can be sent to:
- by mail by letter with an inventory and acknowledgment of delivery (so that you can prove the timing of its departure in case of postal delays);
- submit it in person to the court office, and it is advisable to immediately obtain the number under which the application is registered.
Important: the appeal is sent to the address of the Moscow district court that made the decision at first instance. Then this body itself forwards the case to the second instance. Although the Moscow City Court is indicated in the header.
The following documents must be attached to the complaint:
- copies of all papers according to the number of participants in the case,
- receipt of payment of state duty,
- necessary powers of attorney (if a representative or lawyer is involved in the case).
A copy of the appealed decision and documents previously available in the case do not need to be attached.
Contacts of the Moscow City Court
- Address: Moscow, Bogorodsky Val, 8, 107076.
- Opening hours: Monday to Thursday from 9:00 to 18:00, Friday from 9:00 to 16:45.
- The telephone is shared.
- Telephone number of the appeals department (civil cases).
- Website https://www.mos-gorsud.ru, email address: [email protected]
It is also possible through a special form on the website www.mos-gorsud.ru/mgs/services/reception/add, however, a procedural document (claim, appeal) cannot be submitted in this way.
Deadline for filing an appeal
Naturally, for those who have experienced injustice, it seems that the most important action will be to restore it. Of course, the question of how to write an appeal becomes the most important and pressing for such people.
They search for a solution by storming courts for samples and scouring the Internet for conflicting information. And all this just to find a way to win the case.
True, this approach is not always justified. The content of the complaint is always individual and must reflect the procedural errors made during the consideration of the case.
That is why samples can only help to see an example of the design of this document. To draw up a quality appeal, it is recommended to study the provisions of Art. 322 of the Code of Civil Procedure of the Russian Federation and try to fulfill all the necessary conditions.
However, only a decision that has not entered into legal force can be challenged. It is the period provided for the entry into force of a court decision that legally limits the time for appeal. Sometimes this can be difficult.
The period for filing an appeal begins to run from the date of production of the court decision in full (Article 321 of the Code of Civil Procedure of the Russian Federation). And it continues for a whole month. During this time, you must file an appeal, otherwise the case will be lost.
In the event that they do not meet this deadline, it is considered that all parties agreed with the decision made, and it enters into legal force and becomes binding.
Expert commentary
Roslyakov Oleg Vladimirovich
Lawyer, specialization civil law. More than 19 years of experience.
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There are cases when those who did not meet the specified period can restore the deadline for filing an appeal. To do this, you will need to prove the existence of good reasons.
Who has the right to appeal a court decision?
You can appeal a court decision that has not entered into legal force. A legal document can be submitted by:
- plaintiff, defendant (in civil proceedings);
- defendant, injured party (criminal cases);
- prosecutor;
- advocate;
- legal representatives of the defendant, plaintiff, injured party;
- third parties or their representatives.
If the case was considered in absentia, without the presence of the plaintiff and defendant, the court notifies the parties of the decision made. Within 7 days, participants in absentia proceedings can challenge the district judge’s decision by filing a request to cancel the decision.
In this case, the court orders a new trial of the case with the participation of the parties in the courtroom. If this does not happen, an appeal challenging the default judgment is filed within 30 days after the end of the period for challenging the district court's decision.
The timing and procedure for considering administrative cases in absentia are set out in paragraph 1 of Article 237 of the Code of Civil Procedure of the Russian Federation.
Government duty
In the Moscow City Court, the state fee for an appeal is 50% of the amount that is paid when filing a property claim.
The state duty for a claim of a non-property nature in accordance with tax legislation (subparagraph 3 of paragraph 1 of Article 333.19 of the Tax Code of the Russian Federation) is :
- for a citizen - 300 rubles;
- for a legal entity - 6,000 rubles.
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Since we are only interested in 50% of the indicated amounts, then for the appeal application we need to pay a state fee in the amount of one hundred and fifty rubles (individual) and three thousand (organization or enterprise).
The amount of the state fee when filing an appeal with the Moscow City Court (clause 9, clause 1, article 333.19 of the Tax Code of the Russian Federation):
- for individuals 150 rubles;
- for legal entities 3000 rub.
Next, we go to the bank and pay the state duty according to the court details, taking into account the above provisions. After completing the payment procedure, you must attach a receipt for payment of the state fee to the appeal.
Details for paying state fees Moscow City Court
Required documents for the complaint
Lawyers advise to argue the appeal by providing documentary evidence.
Important! In general, the primary package of papers includes:
- the complaint itself in several copies according to the number of participants in the process;
- a document confirming payment of the state duty;
- a notarized power of attorney in case of filing a complaint through an intermediary.
Please note that the applicant has the right to provide other documents that indicate a violation of the right. Moreover, it is possible to submit papers that for some reason were not examined by the court of first instance.
If, when considering the documents and the complaint itself, the judge of the higher instance discovers a violation of the procedural order, then the appeal remains without consideration and is returned to the appellant.
In this case, you need to carefully study the documents and identify violations. Often the court points to them when returning the case. Next, you need to eliminate all shortcomings and file a complaint again. But often the time to file an objection is missed, which does not make it possible to re-state the violation of the right when a court decision is made.
To avoid such a situation, it is recommended to immediately seek help from qualified specialists. If the complaint has already been rejected and the deadlines have been missed, you can write a petition to restore these deadlines. You can correctly argue that the reason for absence is valid with the help of a lawyer.
When drawing up an appeal, use the developed samples. Fill out the prepared forms. This will help avoid many problems when resolving the issue.
Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.
Objection to the complaint
So, let's say that the defendant filed an appeal. At this time, the plaintiff has the opportunity not to take any action, or to state his own objections to the complaint (no state fee is charged for this).
In this case, the deadlines within which you need to provide your vision of the situation will be indicated in the court’s ruling.
You can present your position on the dispute orally directly in the appellate courtroom of the Moscow City Court, but the documentary version has more advantages.
After all, when forming an answer orally, you can forget some essential points, and subsequently this will affect the course of the case.
For example, if you draw up objections in writing in advance, the judge will have more time to study the arguments of the party in the case. Consequently, the attitude towards the situation will change.
Plus, there are no special regulations in the legislation regarding the preparation of a response to a complaint, which only makes the task much easier.
Consideration of the complaint by the Moscow City Court
When an appeal is received by the Moscow City Court, the records management department decides whether to accept the appeal or return it to the sender. The return of the application is made in the case when all the necessary requirements were not met during its preparation, for example, deadlines, registration, or the applicant did not pay the state fee. If the discrepancies are correctable and the applicant corrected them within the period in which he was given for correction, then the date of receipt will be considered as the date of initial filing of the complaint.
It is recommended that the applicant independently monitor the stages of consideration of the application. If the appeal was sent by mail, then after a few days it is necessary to contact the court office and find out the date and registration number, and after that clarify the stages of consideration of the case in the judicial department, this is in order not to miss deadlines if the appeal is sent to revision.
The appeal hearing is conducted by a judicial panel. The procedure goes like this: from the beginning, the circumstances of the case, the previous court decision are heard, the arguments and objections, in the case of submission, are announced. After which the parties present their positions, the applicant always speaks first, after which debate between the parties is allowed. After which the panel of judges renders its verdict.
The court mainly relies on factors: compliance of the decision with the circumstances of the case, compliance with procedural rules and the correct application of legislative postulates.
Important!!! The review of the court decision in the second instance must be considered within two months. This is what Art tells us. 327 Code of Civil Procedure of the Russian Federation. All participants in the process are summoned for consideration; if someone does not appear and does not provide a statement of good reason, then the consideration takes place without his presence.
Consideration of the case on appeal
The Moscow City Court is given two months to consider the appeal. The parties are notified in advance of the date and location of the meeting.
If the parties did not take care to notify the court in advance about the impossibility of participating in the court hearing and postponing the case, then the consideration takes place without them.
The appellate court will make an appeal ruling in the absence of the parties. Of course, there must be good reasons for the non-appearance of persons participating in the case.
When considering an appeal in civil cases, the court has the right to make the following decisions:
:
- Leaving the complaint unsatisfied.
- Cancellation of the decision made by the court of first instance and the issuance of a new decision in the case. It is possible to cancel the entire act or part of it.
- Cancellation of the decision and termination of the proceedings.
- Leaving a complaint without consideration due to missing the deadline provided by law for an appeal.
If you disagree with the outcome of the appeal, you can file a cassation appeal with a higher court within six months.
What grounds may there be for overturning the decision of the court of first instance?
In Art. 330 of the Code of Civil Procedure of the Russian Federation provides a list of all the grounds on the basis of which the case can be reviewed, as well as the adoption of a new decision in this case. When drawing up an appeal, you must refer to this provision.
Here are the main reasons for the reversal of the previous court decision:
- Inaccurate assessment of the circumstances of the case.
- Insufficient evidence of the facts of the case.
- Incorrect conclusions of the judiciary.
- Unauthorized application of substantive law or procedural violations.
A clear reason for cancellation will be:
- holding a meeting without one of the parties not properly notified,
- incompetent composition of judges,
- adoption of a judicial act regarding the rights of a person who is not a party to the process,
- lack of protocol, violation of rules on the language of conduct.
Important!!! If the decision was made correctly at the first instance, then it cannot be canceled only because of formal violations.
How to avoid defeat
So, we have considered the main points that need to be taken to restore violated rights. Below is a sample that you can use as a basis when preparing an appeal to the Moscow City Court against the decision of the district court.
We believe our recommendations set out in the article will help you avoid mistakes and defeat when further appealing a court decision.
Without exaggeration, let’s say our lawyers and attorneys have all the necessary knowledge and intricacies of the current legislation. This circumstance confidently confirms the competence of specialists, which allows us to count on success!
If you have any questions, you can also get free legal advice from our company's lawyers.
Appeal to the Moscow City Court in a civil case
What types of complaints are there?
In administrative and legal terms, two types of complaints are distinguished, namely:
- An administrative complaint is an appeal submitted by a citizen to administrative authorities with a demand for restoration or protection of his violated rights, freedoms or legitimate interests;
- A judicial complaint is an appeal submitted by citizens to government bodies to protect violated human rights. Such complaints are legal factors that activate the mechanism of justice and the result of the consideration of which is an act of justice that decides the fate of the criminal or civil case initiated by the complaint.
How to write a short appeal
Today, any participant in a trial has the right to appeal an objectionable decision.
It can be used both by direct participants in the trial, and by people or enterprises whose interests are directly affected by the decision.
However, surprises may arise during the appeal process that are difficult to anticipate.
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The untimely preparation of a court decision contributes to the fact that there is practically no time left to prepare an appeal. This is where a brief civil appeal comes in handy.
General concept of a complaint to court
A complaint is a citizen’s appeal to state or other public bodies, their officials, or judicial authorities regarding a violation of his rights and legitimate interests.
A complaint to the court is a written appeal from a citizen to the authorities, drawn up in accordance with the law, regarding the violation of his rights and legitimate interests by state authorities, local governments, enterprises and officials of other institutions.
Complaints can be used both in judicial proceedings and in resolving other issues that arise from administrative-legal relations.
With the help of a complaint, a citizen can exercise his right to protect his interests, rights and freedoms.
Brief appeal against the decision of the district court
What is the purpose of a short appeal? Here there is a close connection between compliance with the deadlines for appeal and the availability of decisions of previous authorities.
Let’s say that if the deadline for filing an appeal with the Moscow City Court expires, and for objective reasons there is no text of the judicial act yet, then the interested party has one of two options for action.
For example, you can still obtain the full text of the court decision and submit an appeal to the court. If time was lost, then the complaint must be accompanied by a petition to restore the missed deadline.
You can limit yourself to a regular appeal even when the party clearly knows on what grounds the decision was made not in its favor.
However, there is such a tool, although not prescribed by law, but widely used in judicial practice. This is a brief appeal.
With its help, you can minimize the risk of missing the deadline for appealing a decision.
The legislative framework
When applying to the Moscow City Court, you can rely on the following legal acts:
- “Civil Procedure Code of the Russian Federation” dated November 14, 2002 No. 138-FZ.
- “Civil Code of the Russian Federation” dated November 30, 1994 N 51-FZ.
- “Tax Code of the Russian Federation of July 31, 1998 N 146-FZ.
- “Resolution of the Plenum of the Supreme Court of the Russian Federation “On the application by courts of the norms of civil procedural legislation regulating proceedings in the court of appeal” dated June 19, 2012 No. 13.
Filing a short appeal
Where is the appeal filed?
By its legal nature, a short appeal does not differ from a standard complaint. Therefore, when filing it, the general requirements provided for by procedural law must be met.
For example, when filing an abstract appeal, evidence of payment of the state fee must be attached. Then, when filing an additional complaint, there will be no need to make the corresponding payment.
In addition, a copy of the brief appeal should be included for all other parties to the case. This requirement applies entirely to all participants in the process.
In addition, just like a regular appeal, a short appeal is filed through the court that made the decision in the first instance .
Where to file a complaint
An appeal is filed through the court that made the initial decision or sentence. A petition to extend the filing time is also sent through this body if the interested party missed the deadline.
The judge alone reviews the petition and determines whether the circumstances that forced the party to miss the time to file an appeal fall under the category of “excusable”. If the party's arguments deserve attention, the district court restores the deadlines and sends all the materials of the case to the higher court.
If a party files an appeal directly to the appellate court, the case is not considered and is transferred to the district court. The interested party is notified of such developments by an appropriate representation.
In the district court, the procedure is carried out in accordance with Art. 325 of the Code of Civil Procedure of the Russian Federation, namely, deadlines are checked for compliance, numbers of court decisions and information about participants are checked. Then the appeal with the case materials is sent to a higher court.
There are a number of court decisions that cannot be appealed. An appeal is not possible against the order, since the act acquires legal force at the time of promulgation. A court order can be annulled only by decision of the Constitutional Court of the Russian Federation.
Structure of a short appeal
Below you can see a sample of a short appeal for 2021. However, there are some nuances in preparing such a document.
First there is a standard, so-called “header”, which indicates the court of appeal, as well as all participants in the trial, taking into account the defendant, prosecutor and third parties.
The main part should begin with a detailed indication of the decision being appealed (date of its adoption, name of the court, and case number). After this, you need to write that the final text has not yet been received by the applicant for reasons beyond his control.
In the next block, you need to indicate that the person filing the complaint does not agree with the content of the decision, but cannot give his reasons because he does not have the text of the document on hand.
Further, it is necessary to emphasize that additions to the appeal or its full text will be provided after the final court decision has been prepared and received.
Of course, the complaint must be completed by the signature of the authorized person and the date of its filing.
How a complaint is processed
After receiving a challenge, the appellate authority prepares the case for trial. If necessary, the judge will prepare a ruling indicating what procedural steps he intends to carry out in the proceedings.
When multiple appeals are filed, the authority orders consideration of all documents within a single process and sets a date for the actual review.
Interested parties have the right to withdraw their claims before the start of proceedings without legal consequences. The amount of state duty paid is not refundable.
