Let's take a look in this article. This is not easy, and it is better to seek the help of a lawyer. But if this is not possible, you can write an appeal yourself. But first you should carefully study the rules for drawing up an appeal.
Before writing an appeal, you should decide where it will be sent.
For example, if the decision was made by a court located in the region, then the appeal is sent to the Judicial Chamber of the regional court. And if it was a city court, then the appeal should be written to the Judicial Collegium of the city court.
Despite the fact that the Judicial Collegium of Moscow or the region is indicated as the addressee, the complaint should be sent to the court that made the decision. The trial court will redirect your complaint, attaching a civil case to it.
How to write an appeal?
In the upper right corner is the name of the court and authority, indicating who the complaint is from (full name, address and telephone number), procedural status (plaintiff, defendant, third party). Then you should list the last names, first names, patronymics and addresses of all persons involved in the case.
Below the header in the center of the sheet is the name of the document “Appeal” and the court decision against which it is being filed is indicated.
If you decide to write an appeal, be prepared to analyze the court's decision in detail and indicate where the rules of law were violated. The complaint should also indicate whether the court fully assessed your evidence.
You should definitely file an appeal and count on the cancellation or change of the court decision if:
The circumstances of the case are incorrectly determined; the circumstances established by the court have no evidence; the conclusions of the court of first instance, set out in the court decision, do not correspond to the circumstances of the case; incorrect application or violation by the court of rules of law (substantive or procedural).
There are undeniable grounds for overturning the decision of the court of first instance:
The case was considered by an illegal composition of the court; during the consideration of the case, a person (or several persons) taking part in the case was absent due to failure to notify him; the rules regarding the language in which the court hearing is held were violated; adoption by the court of a decision concerning persons not involved in the case; there is no signature of the judge on the court decision; lack of minutes of the court hearing in the case; violation of the secrecy of the meeting of judges in the decision-making process.
File an appeal
in such cases it will be the right decision. But before you write an appeal, make sure that you are ready to provide references to violations by the court.
The appeal must end with a request. Before writing an appeal, formulate the request correctly in accordance with the powers of the appellate court. For example, “ cancel the decision... and make a new decision on the case, refusing to satisfy the claims...
».
Copies of the complaint according to the number of persons participating in the case, and a receipt for payment of the state fee are placed in the attachment. Documents that need to be attached to the case materials can also be attached here.
The appeal must be certified by your signature and contain the date of preparation. These are the basic rules regarding how to write an appeal.
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Appeal (sample):
Free samples of claims, complaints, contracts, etc. website
According to statistics, the number of court decisions that are overturned by appellate instances is quite small. Therefore, if the district court made a decision with which you do not agree, first of all, it is necessary to study in detail how to correctly write an appeal to the court. Of course, there must be serious reasons for filing it - an indication of reasons that violate the provisions of procedural law. Let's look at how to correctly write an appeal to the court.
What is an appeal?
An appeal is a procedural form of documentation that allows you to challenge an unlawful court decision that has not entered into legal force. Any participant in the process - the accused, the victim, the prosecutor and other persons participating in the case - has the right to draw up such a complaint. At the same time, other citizens who are not related to the case can also act as appellants, if a judicial act on such authority was adopted earlier.
In procedural law there are 2 types of appeal:
- Full. In this case, the case is reviewed from the very beginning and on its merits.
- Incomplete. This procedure involves checking the court decision of the 1st instance for its validity and legality.
Deadlines for appeal
Court decisions do not take effect immediately after they are issued. The legislation gives time to appeal them - a month from the date of the court decision (Article 321 of the Code of Civil Procedure of the Russian Federation). There is an exception: decisions in cases of administrative violations are contested within a short period of time - 10 days. If the deadlines for an appeal are missed, they can be restored by filing an appeal by the interested party indicating a valid reason for this omission (Article 112 of the Code of Civil Procedure of the Russian Federation). In order to file this petition, it is necessary to meet the deadline within 6 months from the date of the verdict.
Important!
The completed appeals are submitted to the judicial body that made the final decision in the first instance. Then, within 3 days, the appeal along with the case is sent to a higher judicial body, which will examine it.
How to properly file an appeal to the court?
The legislator of the Russian Federation does not establish specific requirements regarding the preparation of an appeal, other than mentioning that it must be submitted in writing. Therefore, its content should be based on the general points of office work and the requirements of Art. 322 Code of Civil Procedure of the Russian Federation. So, how to write an appeal or statement to the court correctly?
To do this you need:
- In the header of the complaint, indicate: the name of the judicial body to which the appeal is being filed;
- information about the court in which the appealed decision was made;
- information about the appellant indicating his place of residence;
- information about all participants in the process;
- information on the decision of the judicial authority (date of adoption of the decision, its number, etc.).
Important!
Such a complaint must not contain syntactical, spelling or other errors. Remember that other parties may file an appeal, so clearly support your arguments.
The appeal submission is signed by the prosecutor.
In addition, a receipt must be attached to the appeal, if necessary. The number of photocopies of the appeal complete with attached documents must be equal to the number of participants in the case. It is noteworthy that the appeal cannot contain claims that were not previously stated to the court when considering the case.
Sample of drawing up an application to cancel a court order
Part one
First of all, information about the court whose representative issued the court order is entered into the document, namely
- court precinct number,
- the area to which it belongs
- his address,
- as well as the last name, first name and patronymic of the judge.
Next, information about the claimant and the defendant is indicated in approximately the same way: indicating their full names (if they are organizations), full names (if they are individuals), as well as addresses and telephone numbers (in case the judge has any questions about the case) .
Part two
The second part of the application can be conditionally called descriptive and is drawn up in free form. You need to enter information about the previously issued court order, including the number and date of its creation , as well as briefly convey its essence -
- outline the obligations imposed by the court,
- the amount of recovery (if we are talking about money),
- make an objection.
It is advisable to argue the latter, indicating those arguments that the defendant considers sufficient grounds for canceling the court order.
It is worth noting that there is no strict need to include detailed reasons for the objection here; you can limit yourself to a simple wording, for example, this: “I object to the execution of the court order, because I do not agree with the demands made by the claimant"
Below you need to provide links to legislative norms that give the right to apply this document.
Part three
The third, final part of the application includes the actual request to cancel the court order, indicating its date and number. Next, you should enter here the documents that go as an attachment, put down the date the application was written and the signature of the applicant.
What to expect from the outcome of the appeal?
Having considered the appeal/submission, the court has every right to take the following actions:
- Refuse to satisfy the appeal/representation and leave the decision made by the court without making any changes.
- Cancel the court decision or amend the decision of the court of first instance. Moreover, the introduction of changes can be complete or partial.
- Completely reverse the court decision and terminate the proceedings.
- Do not consider a complaint if it was filed after the end of the appeal period, and the issue of updating this period was not discussed with anyone.
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 would serve as a compelling argument for overturning the verdict?
Any lawyer or notary can tell you how to write an appeal.
A valid reason for overturning a decision in a case is the following:
- Incorrect determination of circumstances that are significant for the case
- The court's conclusions are not true
Definitely, for success in an appeal hearing, it is best to find a highly qualified lawyer who knows his job intimately. Know your rights, this will help you achieve justice, and you can view the appeal form on the Internet. Today there are plenty of forms and samples to fill out on the Internet.
The decision of the court of appeal gains legality and begins to take effect from the day the verdict is rendered.
It can be successful for you if you approach this issue responsibly and are able to express weighty arguments. Do not lose heart and do not get lost, because in this way you give the court the opportunity to doubt your innocence.
Of course, it is very difficult to prove it yourself, and not every lawyer can be counted on. Therefore, you can spend a lot of time searching for a highly qualified lawyer. But you can definitely trust the protection of your interests only to a reliable specialist.
Description of the procedure for drawing up an appeal against the decision of the tax authority on an on-site or desk audit:
An appeal is a special form of appeal to the court of appeal, which is a higher authority reviewing the courts of first instance.
Filing an appeal is usually a complex undertaking. It is important to take into account all the mistakes that the court made when making its decision. It is important to present it correctly. Use samples carefully
Appeal against a decision in civil proceedings
Home » Appeal against a decision in civil proceedings. Sample on how to file an appeal. Filing an appeal to the court. Appeal - SAMPLE
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An appeal is a special form of appeal to the court of appeal, which is a higher authority that reviews the decisions of the courts of first instance.
If for any reason you are not satisfied with the court's decision, you will have to file an appeal.
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.
We recommend! Proceedings in the appellate court
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
How to write an appeal against a decision of a district (city) court
In order to defend their point of view during the court hearing, the parties to the civil process present evidence, request the questioning of witnesses, and the appointment of a forensic examination.
However, citizens often do not agree with the court decision made in a civil case, believe that their evidence was not taken into account when making a decision, or believe that the court incorrectly applied the procedural or substantive rules of the law.
In this case, the party whose interests are infringed by the court decision appeals the decision, proving their case in the court of second instance.
Before changes were made to the Code of Civil Procedure of the Russian Federation, until 2012, courts of first instance were appealed through the cassation procedure, with the exception of decisions of magistrates - they were appealed through the appellate procedure.
The parties and other persons participating in the case have the right to appeal.
Submission order
Where to file a cassation appeal? In accordance with the requirements of the Code of Criminal Procedure, the following rules apply:
- To the Presidium of the regional, regional court (the supreme courts of the republics, as well as federal courts - for example, the Moscow City Court are equated to such) - cassation is filed against the verdicts of the magistrate and district judge. Complaints against interim (not final) decisions of the regional court when considering a case in the first instance can also be filed here.
- To the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation:
- the same decisions, provided that they have already been appealed to the Presidium of the court at the regional or regional level;
- resolutions of the Presidium of regional courts;
- sentences of regional courts, provided that they have not been appealed.
The complaint is submitted by the cassator (or representative, lawyer) to the office of the court to which it is addressed , in contrast to the appeal procedure, when this occurs through the office of the court of first instance. The procedure for filing a cassation appeal fully allows for sending correspondence by mail (ordinary or registered mail).
How to appeal a court decision
It happens that the judge made a decision that did not sufficiently satisfy our claims, or this decision was not at all in our favor. One way or another, we do not agree with the decision made and want it to be changed or canceled and a different decision on the case made. To do this, we need to appeal this court decision to a higher court before the court decision enters into legal force. If you don't know when a court decision comes into force, find out in this article.
What does it mean to appeal a court decision? This means filing an appeal to a higher (appeal) court against a court decision with which you do not agree.
A “court of appeal” or “court of appeal” is a court of second instance.
Cassation
From January 1, 2013, cassation means a review of sentences or other decisions of the first or second instance that have already entered into legal force. Unlike an appeal, the purpose of such a review is to conclude whether previous judges applied the law correctly or incorrectly. At the same time, the third instance practically does not go into questions of validity; there is no thorough examination of the evidence.
If during the appeal hearing the parties have the right to invite even witnesses and attach completely new documents, the cassation procedure involves a dry comparison of proven facts with legal norms .
The position of the European Court of Human Rights and the Russian judicial system is focused on the inadmissibility of a prolonged threat of criminal prosecution. In other words, the acquitted person should not have to fear all his life that the decision that was made might someday be reversed. Likewise, a convicted person who has been found guilty of committing a crime should not fear that harsher punishment may be imposed on him.
That is why the deterioration of the situation of a convicted or acquitted person can only occur within one year from the date of entry of the sentence and only in the presence of significant violations of criminal or criminal procedural legislation. That is, the deadline for filing a cassation appeal in a criminal case in 2021 is 1 year if the question is raised:
- about changing the classification of the offense to a more serious crime;
- on increasing the term of imprisonment;
- on changing punishment in the form of correctional, compulsory labor and other types not related to isolation from society, for a real term in a colony;
- about the unjustified use of “benefits” provided for people with disabilities, women with children, convicted minors, etc.;
- on the cancellation of the decision to terminate the case, instead of which, in the opinion of the cassator, a verdict should take place;
- to overturn the acquittal.
These are the most common cases when a person’s position in a criminal case can be worsened. This list is incomplete.
On the contrary, the legislator does not limit the period for reviewing a sentence in a direction favorable to the convicted person, which means that an appeal to the cassation court can be made at almost any time, even years after the court verdict has entered into force.
Question : What decisions can be reviewed?
A cassation appeal can be filed against any verdict or decision of the first instance that has entered into force. It does not matter whether this decision was appealed. You can separately appeal the ruling of the second instance.
The circle of persons who can apply for cassation practically coincides with the appeal:
- the convicted person, his lawyer, legal representative, public defender;
- the victim, his lawyer, representative;
- the acquitted person, his representatives and defenders;
- the person in respect of whom the case was terminated (for example, due to disagreement with the grounds for termination);
- a person who has been assigned compulsory educational measures or medical measures (for example, in the presence of a disease that precludes sanity);
- private prosecutor (that is, a party to private prosecution cases - for example, libel under Article 128.1 of the Criminal Code of the Russian Federation);
- civil plaintiff or defendant (only in relation to a civil claim, the decision on which is contained in the verdict).
The prosecutor is also given the right to appeal in cassation, but with certain official powers. Thus, only:
- Prosecutor General of the Russian Federation (to any court);
- prosecutor of the region, territory, republic and his deputies (only in the regional, regional court, court of the republic).
In addition to the listed participants in legal proceedings, the law gives the right to file a complaint for review and other persons whose interests are affected by the court decision. The Code of Criminal Procedure of the Russian Federation does not reflect in what specific cases such rights are available to persons who do not have status in the case. The following example can be given from the explanations of the Supreme Court:
Sidorov E.N., who contacted the police with a statement of fraud, in response to which he received a decision to refuse to initiate a criminal case, which he appealed to the court. The first and second instances left his complaint about disagreement with the actions of the police without satisfaction, then he appealed in cassation. Since there is no criminal case yet, the applicant is not a victim, he does not have the status of a participant in the proceedings. At the same time, he has the right to seek protection of his rights as another person whose interests are affected by a court decision.
In some cases, the Commissioner for Human Rights in the Russian Federation may apply to cassation to review a sentence or court decision that has already entered into legal force. This right is expressly provided for in federal constitutional legislation.
