Appealing the decision of the magistrate: terms and procedure

You can appeal the decision of a magistrate in a civil, administrative or criminal case in a district court. This will be the first – appellate – stage of the appeal. Further, the process is similar to the procedure for challenging judicial acts of other courts, providing for the opportunity to appeal to the cassation and supervisory authorities.

The procedure and deadline for appealing a decision of a magistrate in a civil, administrative or criminal case depend on the type of decision - final or interim, made during the proceedings. What stands apart is a court order, which is not disputed on appeal, and can either be canceled by a magistrate or appealed immediately in cassation as soon as it comes into force.

Affects the procedure for challenging judicial acts and the type of process. Moreover, it affects first of all - you must initially be guided by the rules established by the Code of Civil Procedure of the Russian Federation, the Code of Administrative Offenses of the Russian Federation or the Code of Criminal Procedure of the Russian Federation. Each process has its own specifics.

Appealing a decision of a magistrate in a civil case

Magistrate judges hear a relatively small number of civil cases. These are mainly divorces, divisions of property and other property disputes in the amount of up to 50 thousand rubles, as well as collection cases for which court orders are issued (indisputable collection of up to 500 thousand rubles).

During the consideration of the case, the magistrate makes rulings, and as a result - a decision, resolution or court order. There are no special rules for the procedure for appealing judicial acts of magistrates - the same ones apply as for appealing judicial acts of district courts adopted by them in the first instance. But given the position of magistrates in the judicial system, their court of appeal is the district court.

Court orders, interim (determinations) and final judicial acts have their own specifics of appeal.

A court order cannot be appealed. Within 10 days from the date of issuance, it can be canceled by the magistrate who issued the order. If there was no appeal to cancel the order, or a negative decision was made, then a cassation appeal is possible on the grounds common to all judicial acts.

Interim judicial acts (rulings) can be appealed only in two cases - this is directly provided for by the Code of Civil Procedure of the Russian Federation, or the ruling blocks further progress of the case. A private complaint is filed against the ruling in the district court. In this case, there is no need to wait for the completion of the case before the magistrate. You have 15 days to appeal the rulings from the date of their issuance.

The final court decisions of the magistrate are appealed on appeal. This can be done if:

circumstances relevant to the case are incorrectly determined or not proven;
the court's findings do not correspond to the circumstances of the case;
the norms of the law (civil legislation or the Code of Civil Procedure of the Russian Federation) have been violated or incorrectly applied;
the case was considered in the absence of its participant(s), who were not properly notified of the place and time of the meeting;
the decision affected the rights and interests of persons who were not involved in the case;
there is no signature of the judge in the decision, there is no protocol of the court hearing;
There are other violations provided for in Art. 330 Code of Civil Procedure of the Russian Federation.

When filing an appeal, you can ask to cancel or change the appealed judicial act either completely or in some specific part. In fact, the district court reviews the case anew, so the scope of appeal is quite wide.

Important details:

Requirements for a complaint – Art. 322 Code of Civil Procedure of the Russian Federation.
The complaint must be addressed to the district court, but submitted to the magistrate whose decision is being appealed.
The period for filing an appeal is one month from the date of adoption of the contested judicial act in final form.

Please note that you can appeal to the cassation authority only if the case was considered on appeal. The exception is court orders.

The cassation instance in relation to justices of the peace is the court of the subject of the federation (regional, regional, etc.). You have 6 months to file a complaint from the date of entry into force of the appealed judicial act. The complaint is submitted directly to the cassation authority, bypassing all others. You can appeal the judicial act of the magistrate and (or) the appeal decision of the district court. The requirements for the content and form of the complaint are determined by Art. 378 Code of Civil Procedure of the Russian Federation.

If the cassation appeal does not give the desired result, you can go further - file another cassation appeal, but this time to the Judicial Collegium for Civil Cases of the Supreme Court. It will not be possible to achieve the desired here either; all that remains is supervision. True, the supervisory authority reviews appealed judicial acts only in case of violation of fundamental legal norms (the Constitution of the Russian Federation, international law) or in case of violation of the uniformity of interpretation and application of legislation (explanations of the Supreme Court of the Russian Federation given in the decisions of the Plenum or Presidium).

As a rule, judicial acts of magistrates are appealed in appeal, many of them, but in a much smaller number - in cassation. In supervision, decisions of magistrates cannot be directly appealed. Here, only decisions taken as a result of the review of acts of magistrates are contested. It is also necessary to take into account that in an appeal not only the decision, but also the case itself can be reviewed. In cassation and supervision, only appealed judicial acts are reviewed, and the violations must be significant.

What civil lawsuits do justices of the peace hear?

The Code of Civil Procedure of the Russian Federation provides a list of civil cases that are considered by magistrates:

divorce in the absence of disputes about children;
division of property worth less than 50,000 rubles;
property disputes;
conflicts between employee and employer;
disputes about the use of property;
debts for taxes, fees, housing and communal services.

A judge may consider applications for disputes arising from family law relations, with the exception of:

establishing paternity;
deprivation of parental rights;
adoption of a minor;
invalidation of the relationship registration.

The judge accepts an application for divorce from spouses only if they have no disputes about the maintenance, upbringing, or place of residence of their joint minor children. If the parents do not reach an understanding, the conflict is resolved in the district court.

Reference! A magistrate can only resolve private labor disputes. Class action lawsuits against employers are filed in Supreme Court.

The official considers cases related to the protection of consumer rights if the cost of the claim does not exceed 100,000 rubles. (Article 3 of Law No. 188-FZ). It is within the competence of the magistrate to review his decisions, which have already entered into force if new circumstances have emerged.

Changes in the subject of the claim, the filing of a counterclaim by the defendant, or the appearance of a third interested party in the case are grounds for transferring the case to the jurisdiction of the district court. The petition will be considered in a higher court if several claims are consolidated. Thus, a dispute between an employer and an employee regarding debt will be considered by a magistrate. But if the plaintiff files a claim for reinstatement, both cases will be consolidated and transferred to the jurisdiction of the district court.

Disputes between a magistrate and a district court about the jurisdiction of a case are prohibited at the legislative level.

The magistrate accepts applications if the amount of the claim does not exceed the limit of 50,000 rubles. The exception is cases involving violations of consumer rights. Their cost can reach 100,000 rubles.

Issuance of a court order

The magistrate has jurisdiction over writ petitions.

The document is drawn up on the basis of the following requirements (Article 122 of the Code of Civil Procedure of the Russian Federation):

when making a transaction certified by a notary;
the agreement is concluded in simple written form;
payment of alimony not related to the establishment of paternity and the involvement of a third party;
payment of arrears of wages and other accruals from the employer;
debt collection for utility bills, contributions to a cooperative or property owners' association.

When filing a claim for a court order, a state fee is paid. Its size depends on the value of the property and is established by Art. 333.19 Tax Code of the Russian Federation.

The application must contain information (Article 124 of the Code of Civil Procedure of the Russian Federation):

details of the court district;
information about the applicant;
information about the debtor;
details of the dispute;
plaintiff's claims;
list of attached documents.

The claim is filed by the applicant or his representative. In the latter case, it is necessary to attach a document confirming the citizen’s right to this action. The cost of claims for the issuance of a court order can exceed RUB 50,000. If an application for a large amount is submitted to the magistrate, he will accept it in the absence of violations of the law. The official considers claims for the collection of debts for payment of housing and communal services up to 500,000 rubles.

Territorial jurisdiction

The official accepts claims from citizens within the territory of his judicial districts. Their number depends on the number of people in the locality. In accordance with Art. 4 of Law No. 188-FZ, one plot should be per 15-23 thousand people. The total number is determined by federal law on the basis of the initiative of the administration of a constituent entity of the Russian Federation.

The claim is filed at the defendant's residence address. If the second party is a legal entity, then the application is accepted by the magistrate at its location (Article 28 of the Code of Civil Procedure of the Russian Federation). Applications related to contracts are submitted at the place of their execution.

Jurisdiction at the choice of the plaintiff is allowed in the following cases:

if the location of the defendant is unknown;
if there are minor children;
the plaintiff has health problems;
an application for child support is submitted;
claims are related to compensation for damage caused to a citizen’s health.

Claims against an organization can be sent to the location of the company, its branch or representative office. The plaintiff has the right to independently determine which district to file the petition.

Attention! A claim for the protection of consumer rights may be considered in the court district at the place where the contract was concluded.

Appealing decisions in administrative cases

Magistrate judges are authorized to consider various administrative offenses.
At the same time, the procedure and, above all, the period for appealing the decision of the magistrate in an administrative case very much depends on what type of violation was the subject of the proceedings. Review (appeal) of administrative decisions is carried out according to the rules of Chapter 30 of the Code of Administrative Offenses of the Russian Federation:

The decisions of the magistrate are appealed to the district court.
You have 10 days to appeal from the date of delivery/receipt of a copy of the decision.
The complaint must be filed through a magistrate judge. Then, within 1-3 days, it will be transported to the district court along with the case materials. If you need to speed up the process, the Code of Administrative Offenses of the Russian Federation allows you to send a complaint directly to the court, which is authorized to consider it.
The district court may cancel the decision, change it, or revise it in whole or in part. If the decision is changed, it must not increase the punishment or otherwise worsen the situation of the offender. Simultaneously with the cancellation of the decision, the case may be dismissed or sent for a new trial to the magistrate.

In the future, the decision made on the complaint may be reviewed in a higher court. The same procedure and deadlines apply here as for the initial appeal. The complaint will need to be sent to the court of the subject of the federation - directly or through the district court.

The amount of claims in the magistrate's court will be doubled

The maximum amount of a claim for property claims that a magistrate can consider will be doubled to 100 thousand rubles. The corresponding bill, on behalf of the president, who indicated the need to increase the amount of claims for the protection of consumer rights, is being developed by the Supreme Court of the Russian Federation together with the Russian government.

The Supreme Court, together with the government, has begun to develop a bill that would double the maximum amount of claims in cases heard by magistrates. As a result, this amount could amount to 100 thousand rubles, Izvestia was told in the Supreme Court. According to the current version of Art. 23 of the Civil Procedure Code, magistrates consider cases where claims amount to no more than 50 thousand rubles.

Based on the results of the State Council for the Protection of Consumer Rights held in May, Russian President Vladimir Putin instructed the jurisdiction of magistrates to consider the issue of “increasing the maximum amount of claims in property disputes arising in the field of consumer protection.” The order must be completed by June 30, but as of today the document is not yet ready.

“Currently, the Supreme Court of the Russian Federation is working to prepare a draft federal law on amending the Civil Procedure Code of the Russian Federation, within the framework of which the issue of increasing the threshold amount underlying the determination of the jurisdiction of cases to be considered by magistrates is being resolved,” Izvestia was told » in the press service of the Supreme Court.

The head of the consumer rights protection department of Rospotrebnadzor, Oleg Prusakov, told Izvestia that the service has already agreed to increase the amount of claims to 100 thousand rubles.

The press service of the Ministry of Justice refrained from commenting.

The State Council report “On the national system for protecting consumer rights” (available to Izvestia), presented to the president in April, states that “the judicial procedure for protecting consumer rights today is the main and perhaps the only effective mechanism for resolving disputes.” The document states that over the past five years, more than 2 million claims for the protection of consumer rights have been filed in courts of general jurisdiction. At the same time, the number of claims grew annually by an average of 10%; at the end of 2021, their number amounted to more than 0.5 million. The courts satisfy about 70–80% of consumer claims, as follows from the report. The average amount awarded for recovery (including moral damages) in 2016 was 36,190 rubles. Since 2012, it has more than doubled - then the average amount collected was 13,349 rubles.

At the same time, in a number of areas, the amount of penalties is much higher, as follows from the report of Rospotrebnadzor “Protection of consumer rights in the Russian Federation in 2016.” Thus, in the field of financial services, the average amount of a satisfied claim is 200 thousand rubles, in the field of construction services - 305 thousand rubles (considered by higher courts).

Chairman of the Russian Consumer Union Pyotr Shelishch explained that an increase in the maximum amounts for claims is necessary due to rising consumer prices and, accordingly, an increase in the volume of claims. The limit on the amount of claims within the jurisdiction of magistrates to 50 thousand rubles was established with the adoption of the Civil Procedure Code in 2002, and since then it has not changed.

The President of the National Trade Association, Vadim Zuikov, believes that increasing the maximum claim amount could stimulate an increase in the number of claims, as well as activate fraudsters.

“It’s always interesting to get 100 thousand rubles by simply discovering low-quality sausage, especially by making it low-quality yourself,” the expert explained his thought.

Earlier, Izvestia reported that Rospotrebnadzor is developing a Code for the Protection of Consumer Rights. The document will contain already existing norms of the law “On the Protection of Consumer Rights” and other acts, for example, on the obligation of sellers to accept “Mir” cards and o. Also, in accordance with the norms of international law, new clauses may be included in the document, including the extension of the code to consumers of public services.

Appealing sentences and other decisions of the magistrate in criminal cases

In all criminal cases, there is a uniform procedure for appealing judicial acts, provided for by the Code of Criminal Procedure of the Russian Federation. However, the procedure and period for appealing the decision of a magistrate in a criminal case is regulated, in addition to the basic norms, by the provisions of Art. 323 Code of Criminal Procedure of the Russian Federation.

The first instance for appealing a sentence or other acts of a magistrate is an appeal. The subject of the complaint may be the entire decision or some part of it. Civil plaintiffs (defendants) and their representatives, if they are not simultaneously the injured or accused party, can appeal a judicial act only in part of the civil claim.

Features of the appeal:

Only decisions that have not entered into force are subject to appeal.
Interim decisions in a case can be appealed during the trial, but not all of them. Whether or not this can be done is determined according to the rules of Part 2 and Part 3 of Art. 389.2 of the Code of Criminal Procedure of the Russian Federation. In any case, appealing the interim act does not suspend the proceedings in the case.
The appellate instance for the magistrate is the district court. But the complaint is filed through the magistrate.
The deadline for filing a complaint is 10 days from the date of the verdict or the issuance of the appealed judicial act. Convicts in custody count this period from the moment they are given a copy of such a judicial act.
Requirements for the form and content of the complaint - Art. 389.6 Code of Criminal Procedure of the Russian Federation.
The grounds for appeal may be the discrepancy between the court's conclusions and the circumstances of the criminal case, significant violations of the Code of Criminal Procedure of the Russian Federation or incorrect application of the Criminal Code of the Russian Federation, unfairness of the verdict, non-compliance with the pre-trial agreement on cooperation. There are also special grounds that the prosecution has the right to refer to in order to return the case to the prosecutor (Article 237 of the Code of Criminal Procedure).

In criminal cases, unlike other processes, there is a stage of repeated appeal. It is available only to the defense side and the injured party. You can file an appeal if the case was previously considered on appeal at the initiative of another participant in the process. For example, the victim initially filed an appeal, but the decision did not suit the convicted person; he wants the case to be reconsidered on appeal and files a corresponding complaint.

After completion of the appeal stage, it is possible to file cassation and supervisory complaints. For a magistrate, the cassation instance is the court of a subject of the federation (regional, territorial, etc.). The complaint must be submitted to the cassation office, bypassing other authorities. In supervision, the subject of appeal is the legality of a judicial act. Complaints are filed and considered by the Supreme Court of the Russian Federation.

How to file a claim in a magistrates' or district court of general jurisdiction

Lawyer Antonov A.P.

The Supreme Court of the Russian Federation clarified some issues of pre-trial settlement of disputes. See Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 22, 2021 N 18. The corresponding changes will be reflected in the material when it is updated. The rules for filing a claim are almost the same regardless of which court you apply to - magistrates or district. First, determine which specific court you need to file your claim in. For example, if your claim arose from a contract, check to see if that court is named in the contract. Draw up and sign the claim. Prepare applications for it. Before filing a claim, pay the state fee. The original payment document must also be sent to the court. Typically, claims are filed through the court office in person or sent by registered mail. However, if the court has the technical capability, you can use a more convenient method and submit documents electronically via the Internet.

1. In which court to file a claim To determine the court in which to file a claim, sequentially establish: which court has jurisdiction over your dispute: justices of the peace, district courts, specialized courts, the Supreme Court of the Russian Federation, the main court of a constituent entity of the Russian Federation or arbitration courts; the specific court in which the dispute will be heard. If you file a claim in the wrong court, it will be returned to you (clause 2, part 1, article 135 of the Code of Civil Procedure of the Russian Federation).

1.1. How to determine the competence of the court First, clarify whether your case should be heard by a magistrate. In particular, it considers the majority of property disputes arising in the field of consumer rights protection, with the cost of the claim not exceeding 100,000 rubles. (clause 5, part 1, article 23 of the Code of Civil Procedure of the Russian Federation); a specialized court, for example a military court (Article 25 of the Code of Civil Procedure of the Russian Federation); The Supreme Court of the Russian Federation or the main court of the region, for example a regional court (Articles 26, 27 of the Code of Civil Procedure of the Russian Federation); arbitration court, if you have agreed on this with the defendant and such an agreement is not prohibited by law (Part 1 of Article 22.1 of the Code of Civil Procedure of the Russian Federation). If your case cannot be considered by any of these courts, file a claim with the district court (Article 24 of the Code of Civil Procedure of the Russian Federation).

1.2. How to determine a specific court If you want to file a counterclaim, file it with the court at the place where the original claim was considered (Part 2 of Article 31 of the Code of Civil Procedure of the Russian Federation). In other cases, consistently find out whether the law establishes exclusive jurisdiction for your dispute (Article 30 of the Code of Civil Procedure of the Russian Federation). For example, a claim for reclaiming an item from someone else’s illegal possession must be filed at its location, since it concerns rights to real estate (clause 2 of the Resolution of the Plenums of the Armed Forces of the Russian Federation and the Supreme Arbitration Court of the Russian Federation No. 10/22 of April 29, 2010); whether the agreement from which the dispute arose establishes jurisdiction (Article 32 of the Code of Civil Procedure of the Russian Federation); can you choose a court from several available options (Article 29, Part 1, Article 31 of the Code of Civil Procedure of the Russian Federation). For example, if the defendants are located (live) in different constituent entities of the Russian Federation, you can file a claim at the address (place of residence) of one of them. In other cases, file a claim at the place of residence (address) of the defendant (Article 28 of the Code of Civil Procedure of the Russian Federation). You can find the desired district court on the website https://sudrf.ru/index.php?id=300&searchtype=podsud. If you contact a magistrate, you can also find the required court site on the website https://sudrf.ru/index.php?id=300&var=true. It can also be determined according to the law of the subject of the Russian Federation (clauses 1, 3, article 4 of the Law on Justices of the Peace in the Russian Federation). For example, in Moscow there is a Law on the creation of judicial districts and positions of justices of the peace in the city of Moscow.

2. How to prepare a package of documents for the court Draw up a claim in accordance with the requirements of Parts 1, 2 of Art. 131 Code of Civil Procedure of the Russian Federation. Sign it. This can be done by the plaintiff himself or his representative (Part 4 of Article 131 of the Code of Civil Procedure of the Russian Federation). For example, the signature can be put by the head of your organization, a representative by proxy. Please note: when issuing a power of attorney, it must specifically stipulate the authority to sign the claim (Article 54 of the Code of Civil Procedure of the Russian Federation). Attach documents to the claim in accordance with Art. 132 Code of Civil Procedure of the Russian Federation. The most important thing is to choose the right documents to support all the circumstances on which you base your claims. The specific set of documents depends on the category of the dispute. For example, if you are collecting a debt from a counterparty under an agreement, attach a copy of this agreement, a calculation of the amount of the debt, and documents confirming that you have fulfilled counter-obligations on which payment depends. Send all parties involved in the case copies of the claim and attachments (which they do not have). Please attach a notification of delivery and other documents confirming the direction to the statement of claim. This rule also applies when filing a claim and documents related to it via the Internet (clause 6 of Article 132 of the Code of Civil Procedure of the Russian Federation). If the applications do not meet the mandatory requirements, the court will leave the claim without progress. If you do not eliminate the shortcomings on time, the claim will be left without progress or returned to you (Parts 1, 3, Article 136 of the Code of Civil Procedure of the Russian Federation).

2.1. Which documents for the claim must be submitted in originals, and which in copies? If you file a claim in paper form, we recommend sending the documents in copies, which must first be certified (Part 2 of Article 71 of the Code of Civil Procedure of the Russian Federation). However, be prepared for the fact that the court may ask you to present the originals of these documents at the hearing, so make sure you have them in advance. It is better to initially provide the document confirming the payment of the state duty in the original - the courts often require this. If you file a claim electronically, then in some cases there is no need to print and certify documents at all. 2.2. Who can certify copies of documents This can be done by: the party (or its representative); the judge hearing the case, if you present him with the original documents for comparison (part 6 of article 67, part 1 of article 72 of the Code of Civil Procedure of the Russian Federation). But in practice this rarely happens; a notary or other authorized person (clause 4 of article 37, clause 5 of article 38, article 77 of the Fundamentals of the legislation of the Russian Federation on notaries). As a rule, it is enough for the documents to be certified by the party itself - its manager or representative. However, we do not recommend that the representative certify a copy of the power of attorney for himself. In this case, the courts quite often leave the claims without progress. To avoid risk, it is better to have the power of attorney certified by the head of the organization or a notary. If a claim needs to be filed urgently, and there is no one other than a representative to certify a copy of the power of attorney, we recommend, if possible, at least putting the seal of a legal entity on this copy.

2.3. How to put a mark on certification It is recommended to include in the mark on certification: the word “True”; position of the person who certified the copy; signature of the certifier with transcript; date of certification; storage location of the original; seal of the organization. 2.4. Is it necessary to attach evidence of compliance with the claim procedure to the claim ? Yes, if in your case filing a claim is mandatory (Part 4, Article 3 of the Code of Civil Procedure of the Russian Federation). Mandatory pre-trial procedures will have to be followed in cases provided for by federal law. For example, this is necessary for requirements for termination of a contract (clause 2 of Article 452 of the Civil Code of the Russian Federation). If in your case a claim is necessary, attach to the claim evidence that you sent it to the defendant. This could be, for example, a notification of delivery of a letter and an inventory of the attachments, or a copy of the claim with the signature of the defendant/his representative confirming its receipt. If you do not submit such documents, the court will return the claim to you (clause 1, part 1, article 135 of the Code of Civil Procedure of the Russian Federation).

3. How to pay the state duty Determine the amount of the state duty in accordance with Art. Art. 333.19 and 333.20 of the Tax Code of the Russian Federation. You can calculate it and find the details for payment on the website of any court of general jurisdiction, for example the Cheremushkinsky District Court of Moscow - https://cheremushinsky.msk.sudrf.ru/modules.php?name=govduty. The amount of the state duty depends on a number of circumstances, primarily on the type of requirement. If you are not the only plaintiff, then as a general rule you pay your share of the state duty, which is distributed between you and other plaintiffs in equal shares (clause 2 of Article 333.18 of the Tax Code of the Russian Federation). Pay the state fee: 1) before filing a claim (clause 1, clause 1, article 333.18 of the Tax Code of the Russian Federation); 2) at the place of its submission (clause 3 of Article 333.18 of the Tax Code of the Russian Federation); 3) in cash or non-cash form (clause 3 of Article 333.18 of the Tax Code of the Russian Federation). The state duty can be paid for you by another person (clause 1, 8, article 45 of the Tax Code of the Russian Federation). In this case, you must comply with the Rules for filling out payment documents and take into account the Information of the Federal Tax Service of Russia on the procedure for paying taxes by other persons and the Information of the Federal Tax Service of Russia on tax payments transferred by another person. Let's look at some cases where difficulties may arise in determining the amount of state duty.

3.1. State duty on a claim for recognition of ownership rights If you ask to recognize ownership of real estate, the state duty must be calculated based on the value of this real estate (clause 9, part 1, article 91 of the Code of Civil Procedure of the Russian Federation, subclause 1, clause 1, article 333.19 of the Tax Code of the Russian Federation, Letter from the Ministry of Finance Russia dated January 25, 2018 N 03-05-06-03/3979). If your requirement is to recognize ownership of movable property, the court may also decide that the state duty must be paid as a percentage of the price of the property. However, some courts believe that it is necessary to pay for a claim that is not subject to assessment; for an organization this means a state duty of 6,000 rubles. (Clause 3, Clause 1, Article 333.19 of the Tax Code of the Russian Federation). Since the state duty on the price of the property is usually higher, we recommend paying 6,000 rubles first. If this is not enough and the court leaves the claim without progress, you will be able to pay the remaining amount. 3.2. State duty on a claim for the release of property from seizure For this claim, the state duty is the same as for property claims that are not subject to assessment, 6,000 rubles. for organizations (clause 3, clause 1, article 333.19 of the Tax Code of the Russian Federation, clause 6 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of November 17, 2015 N 50). 4. In what cases is it convenient to file a claim in a court of general jurisdiction in paper form and how to do this? You can always file a claim in paper form. This is less convenient than filing electronically, but courts do not always have the technical ability to accept documents via the Internet. In addition, in some cases it will be easier for you to submit documents in paper form. For example, if for some reason you do not want or cannot create a personal account on the website to go to court or obtain an enhanced qualified electronic signature. Such a signature is needed, in particular, when, along with the claim, you also plan to submit an application for its security (clause 3.2.2 of the Procedure for filing documents electronically with federal courts of general jurisdiction). If you are located in the same city as the court you need, file your claim directly with the clerk. In other cases, it is more convenient to send documents by letter with a list of attachments and a notification of delivery to the address of the court of first instance, which you can find on its website.

5. In what cases is it convenient to file a claim in a court of general jurisdiction in electronic form and how to do it? If the court has the technical ability to accept documents in electronic form, then it is more convenient to file the claim and documents to it via the Internet, especially if the court is located in another city, region. This will save you from unnecessary travel costs and speed up the consideration of your case. You can submit documents electronically through your personal account on the website https://ej.sudrf.ru/. To log in, use your login and password in the ESIA (Government Services Portal). Please note that a personal account is created for an individual, and not for an organization (clauses 2.1.1, 2.1.2 of the Procedure for submitting documents to federal courts of general jurisdiction in electronic form). This means that the head of the legal entity or his representative must submit documents through his personal account. Documents can also be submitted electronically to the magistrate, provided that he has the technical ability to do so. The procedure for submitting documents to justices of the peace electronically is virtually identical to the procedure provided for federal courts of general jurisdiction. If you send scanned electronic images of documents to the court, you must first prepare and certify their paper copies. A claim filed in this form can be signed with a simple electronic signature (clause 2.2 of the Procedure for filing documents in electronic form with federal courts of general jurisdiction). To do this, just log into your personal account using your username and password and send scanned documents to the court through it. When submitting electronic documents, you do not need to print them, certify them, and then scan them. However, please note that the claim in the form of an electronic document must be signed with an enhanced qualified electronic signature (clause 2.3 of the Procedure for filing documents in electronic form with federal courts of general jurisdiction). 6. What day is considered the date of filing the claim ? The date of filing the claim is the day when you submitted documents by mail or filed directly with the court, including via the Internet. If your claim was left without progress, but you eliminated all the shortcomings in a timely manner or achieved the cancellation of the ruling on leaving the claim without progress, it is considered filed on the day of the initial appeal (part 2 of article 136 of the Code of Civil Procedure of the Russian Federation, clause 17 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of September 29 .2015 N 43). If you file a paper claim directly with the district court, the day the claim is filed is the date on the stamp that court employees put on the documents (clause 2.2 of the Instructions for judicial records management in the district court, approved by Order of the Judicial Department at the Supreme Court of the Russian Federation dated April 29, 2003 N 36). The same procedure applies in magistrates' courts (see, for example, clause 7.2 of the Instructions for judicial records management at the magistrate judge of the city of Moscow, approved by Order of the Office for Supporting the Activities of Magistrate Judges of the City of Moscow dated 03/02/2020 N 24). When you mail your claim, the filing date is the date stamped on the envelope. When you file it electronically, the claim is considered filed on the day the documents are received in the information system. This date is recorded automatically (clauses 4.2, 4.3 of the Procedure for submitting documents to federal courts of general jurisdiction in electronic form, clauses 4.2, 4.3 of the Procedure for submitting documents to magistrates in electronic form).

Sincerely, lawyer Anatoly Antonov, managing partner of the law firm Antonov and Partners.

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