Appeal to the Kemerovo Regional Court. Judicial acts and decisions - Kemerovo regional court (Kemerovo region)

Compliance with all stipulated rules regarding the submission of this document is advocated. Failure to comply with them may result in the plaintiff or defendant forfeiting the right to such a procedure.

What is an appeal?

There are 2 concepts of appeal: it is considered as a procedure for appealing against a court decision or as a document initiating it. Considering the topic, it is necessary to dwell on the 2nd definition.

An appeal is a document drawn up according to certain rules, in which the applicant requests to cancel or change a court decision of the first instance that has not entered into legal force. It has a number of distinguishing features.

All of the above features are mandatory.

The difference between an appeal and a cassation

Along with the appeal, the cassation complaint is often mentioned. Persons who are not professionals do not always distinguish them. A citizen who is not privy to legal subtleties can identify both of these documents and not think about what a cassation or an appeal is. There is a reason for this: they have a number of common features. Appeal and cassation are similar in the following:

both documents can be submitted for the purpose of overturning the decision of the court of first instance;
similar rules apply for appeal and cassation;
the range of entities entitled to submit these complaints is identical.

It is not difficult to distinguish between such complaints. The main feature of each of them is the question of the entry into force of the decision of the court of first instance. Cassation is an appeal against the current act, and an appeal is filed if the deadline for its application has not come.

Another difference is the possibility of presenting additional evidence. If the consideration of the appeal implies the possibility of attaching new materials, then the cassation involves the study of the court decision for compliance with the procedural rules within the framework of the evidence in the case.

Important

Appeal and cassation should be distinguished in terms of timing. An appeal against the current decision is possible within six months, and the deadlines for sending a document on the cancellation of a decision that has not entered into force cannot be more than 1 month.

When can you appeal against a court decision?

The stage of appealing against an act that has not entered into force is provided for in all types. An appeal is possible:

in criminal proceedings;
when considering cases on administrative offenses;
during civil litigation.
within the framework of arbitration proceedings.

Before filing an appeal as part of a case, you should review the rules set out in the relevant code. They take into account the specifics of each type of legal proceedings, so a number of rules for compiling, designing and sending have significant differences.

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Administrative appeal

The rules governing the procedure for contesting a court decision in an administrative case are established by Section 6 of the CAS RF. filed within a month from the date of adoption of the full text of the challenged act.

If during the final meeting only the operative part of the document was announced (the judge imposed a punishment without reading out his arguments), the contestation period will begin to be calculated from the date indicated in the full text.

There are other deadlines as well.

Decisions on deportation of foreigners, on cases related to administrative supervision, involuntary hospitalization in psychiatric institutions, as well as in cases of dissolution of municipal bodies, can be challenged within 10 days.
If the adopted act concerns the issues of conducting election campaigns and voting, the appeal period is 5 days.
The appeal is filed within 15 days, when the decision was made in a simplified manner.

The law allows for the transfer of a document to the court office, as well as its sending by mail (the date of circulation will be the stamp on the envelope made by the employee who accepted the letter). Another way is to apply to the court through its online portal.

How to write an appeal against a court decision, sample

Requirements for the content of the complaint are set out in Art. 299 CAS RF. Any template can be used to complete the introductory part of the complaint.

The beginning of the document states:

the full name of the court in which the decision will be challenged;
information about the applicant (full name, place of residence, telephone and other means of communication);
information about other persons who took part in the consideration of the case in the first instance.

The following is the gist of the complaint. Each case has its own characteristics, so a document template will not always be useful. Before filing an appeal against a court decision, it is advisable to consult with a lawyer who specializes in such cases. The content of the complaint is as follows:

it must contain the reasons for applying to a higher court;
the document must contain the arguments of the applicant, who considers the challenged act unjust;
the complaint must contain demands for the annulment of the original decision.

In conclusion, a list of annexes to the document is given.

How to appeal a court decision

How to file a criminal appeal

The appeal procedure has a number of peculiarities. The procedure for filing an appeal in a crime case is established by Chapter 45.1 of the Code of Criminal Procedure of the Russian Federation.

The document is sent directly to the court of the next instance.
An appeal against the decision of the court can be filed within 10 days after the verdict. If the applicant is in custody, then this period begins to be calculated from the moment a copy of the act is handed over to him.

The cost of errors and inaccuracies in the document may be the freedom of a citizen or his property well-being. For this reason, it is recommended to involve a lawyer who has proven himself well in such cases in drafting and filing a complaint.

How to write an appeal against a court decision in a civil case

Appeal of judicial acts that have not entered into force in civil cases is provided for by Chapter 39 of the Code of Civil Procedure of the Russian Federation. The law establishes the following features of challenging decisions:

The requirements for the content of the document are similar to the rules relating to administrative proceedings. The complaint must contain information about the authority considering it, the parties, the applicant's arguments and his requirements, as well as a list of materials accompanying it (documents, receipts for submission, etc.).

Filing an appeal in arbitration cases

Challenging decisions in civil cases in the economic sphere is regulated by Chapter 34 of the Arbitration Procedure Code of the Russian Federation. Unlike civil proceedings, the arbitration process involves sending a document directly to the court of appeal.

The total term for challenging the act is 30 days from the date of production of its full text. The appeal period will be limited to 15 days if the decision was made under the summary procedure.

Additionally, you can study information about which.

if the decision concerns compulsion to convene a general meeting of participants in the organization.

The document can be submitted through the office, sent by mail or through the website of the court.

Deadlines for considering an appeal

The law limits the period during which a complaint must be considered. For administrative cases, it is 2 months from the date of receipt of materials. If the consideration of the appeal is carried out by the Supreme Court, then the period is 3 months.

A similar procedure is established for civil cases.

A 2-month limitation is provided for when considering appeals in the arbitration process. The law allows for the possibility of extending this period up to 6 months, if this is due to a large number of participants or other circumstances that make it possible to consider the case complex.

Complaints filed in connection with sentences are subject to review within a 30-day period. If the Supreme Court acts as the appellate instance, then the period for the implementation of the procedure is extended to 45 days.

Fee for filing an appeal

One of the conditions for contesting a court decision is the payment of a fee prescribed by law. The state duty for an appeal is established in chapter 25.3 of the Tax Code of the Russian Federation.

Its size is connected not with the sphere of legal proceedings, but with a specific institution of Themis. The state duty for filing an appeal, which is sent to the courts of general jurisdiction, is 150 rubles for citizens and 3,000 rubles if the decision is contested by a legal entity.

If the case relates to economic disputes, different rules will apply. The state duty for an appeal to the arbitration court will be 3,000 rubles, regardless of the status of the applicant.

Before contesting any decision, it is necessary to check that all required documents are present. It is also important to establish whether the state duty has been paid correctly. An appeal against a decision of an arbitration court or another institution of Themis will be left without movement if the stipulated payment is not transferred in accordance with the details.

Referee: Kiklevich S.V. Case #33-8250

Speaker: Chudinova T.M.

APPEALS DETERMINATION

Judicial Collegium for Civil Cases of the Kemerovo Regional Court

consisting of: presiding Chudinova T.M.,

judges: Pastukhova S.A., Suchkova I.A.,

under the secretary Nazarenko O.V.,

having heard in open court on the report of Judge Chudinova T.M. civil case on a private complaint of Olga Alexandrovna Gorshkova

to the determination of the Rudnichny District Court of the city of Prokopyevsk, Kemerovo Region

at the request of Zheltoukhova Albina Nikolaevna on the restoration of the deadline for filing a cassation appeal,

SET UP:

Zheltoukhova A.N. asked the court to restore the procedural deadline for filing a cassation appeal, motivated by the fact that she missed for good reason the deadline for filing a cassation appeal against the appeal ruling from 03.11.2016 in the case under the claim of Gorshkova Oh.A. to Zheltoukhova A.N. on the recognition of the contract of sale as invalid, since she is legally illiterate, she has nowhere to live and, accordingly, send a complaint with a specific address.

Zheltoukhova A.N. supported the statement at the hearing.

Gorshkova O.A. objected to the reinstatement.

The representative of a third party, who did not make independent claims regarding the subject of the dispute, the Federal Migration Service for the Kemerovo region in the city of Prokopyevsk, as well as the prosecutor, did not appear at the hearing.

Rudnichny District Court of the city of Prokopyevsk, Kemerovo Region, dated June 09, 2017, decided:

To restore Albina Nikolaevna Zheltoukhova the procedural time limit for filing a cassation appeal against the decision of the Rudnichny District Court of the city of Prokopyevsk, Kemerovo Region, dated August 08, 2016, and the appeal ruling of the Judicial Collegium for Civil Cases of the Kemerovo Regional Court, dated November 03, 2016.

In a private complaint Gorshkova Oh.A. Requests the ruling of the court to cancel, referring to the fact that the court had no reason to restore the defendant missed the deadline for filing a cassation appeal.

The defendant has permanently lived and still lives in a private house at<адрес>owned by the defendant and her son.

In addition, the defendant had the opportunity to hire a lawyer to file a cassation appeal. The defendant earlier, when filing a counterclaim with the court to recognize the transaction as invalid, issued a power of attorney to represent their interests in court FULL NAME1 , which is engaged in private legal practice. FULL NAME2 was a representative Zheltoukhova A.GN at lawsuits.

The Judicial Collegium for Civil Cases of the Kemerovo Regional Court clarified to the defendant in the court session when issuing the appeal ruling the time limits for appealing against the ruling. The defendant was personally present at the court session and could not but hear about the explanations of the court.

In accordance with par. 1 hour 3 tbsp. 333 of the Code of Civil Procedure of the Russian Federation, a private complaint was considered by the court of appeal without notifying the persons participating in the case.

Having studied the materials of the case, having discussed the arguments of the private complaint, the Judicial Board finds the court's ruling to be canceled on the following grounds.

In accordance with Part 2 of Article 376 of the Code of Civil Procedure of the Russian Federation, court decisions may be appealed to a court of cassation within six months from the date of their entry into force, provided that the persons referred to in Part 1 of this Article have exhausted other methods of appeal established by this Code court order until the date of its entry into force.

By virtue of Part 4 of Article 112 of the Code of Civil Procedure of the Russian Federation, an application for the restoration of the missed procedural period established by Part 2 of Article 376, Part 2 of Article 391.2 and Part 2 of Article 391.11 of this Code shall be filed with the court that considered the case in the first instance. The specified period can be restored only in exceptional cases, when the court recognizes valid reasons for missing it due to circumstances that objectively exclude the possibility of filing a cassation or supervisory appeal within the prescribed period (serious illness of the person filing the complaint, his helpless condition, etc.), and these circumstances had place within a period not later than one year from the date of entry into force of the appealed court decision.

It follows from the materials of the case that by the decision of the Rudnichny District Court of the city of Prokopyevsk, Kemerovo Region of 08.08.2016 it was decided:

“The claims of Olga Alexandrovna Gorshkova against Albina Nikolaevna Zheltoukhova on recognition as having lost the right to use the residential premises, eviction and deregistration are partially satisfied.

Recognize Zheltoukhova Albina Nikolaevna,<данные изъяты>who has lost the right to use residential premises - an apartment located at:<адрес>

To evict Albina Nikolaevna Zheltoukhova,<данные изъяты>, from a dwelling - an apartment located at:<адрес>

In the rest of the claim to the defendant Zheltoukhova A.GN. refuse.

Refuse to satisfy Albina Nikolaevna Zheltoukhova's counterclaim against Olga Alexandrovna Gorshkova on recognizing the sale and purchase agreement as invalid” (volume 1 pp. 176 - 187).

Appeal ruling of the Judicial Collegium for Civil Cases of the Kemerovo Regional Court of 03.11.2016 upheld the decision of the Rudnichny District Court of the city of Prokopyevsk, Kemerovo Region of 08.08.2016, the appeal of Zheltoukhova A.N. - without satisfaction (volume 1 case files 217-221).

11/18/2016 materials of the civil case No. 2 -562 / 2016 at the suit of Gorshkova O.A. to Zheltoukhova A.N. on recognition as having lost the right to use the premises, eviction and deregistration, counterclaim Zheltoukhova A.GN. to Gorshkova O.A. on the recognition of the sale and purchase agreement as invalid, were received by the Rudnichny District Court of the city of Prokopyevsk, which is confirmed by the stamp of the court for registering incoming correspondence.

On December 5, 2016, A.N. Zheltoukhova applied to the Rudnichny District Court of Prokopyevsk with an application for a deferment of the execution of the court decision (volume 1 case file 224).

By a court ruling dated 12/16/2016, A.N. Zheltoukhova’s application was partially satisfied, a deferment was granted for the execution of the decision of the Rudnichny District Court of the city of Prokopyevsk, Kemerovo Region, dated 08/08/2016 for a period until 03/01/2017 (volume 1 pp. 248-251).

By the decision of the judge of the Kemerovo Regional Court dated May 15, 2017, the cassation complaint of Zheltoukhova A.N. was returned without consideration. to the appeal ruling by the Judicial Collegium for Civil Cases of the Kemerovo Regional Court dated 03.11.2016 and the decision of the Rudnichny District Court of the city of Prokopyevsk, Kemerovo Region dated 08.08.2016, received by the Kemerovo Regional Court on 04.05.2017, due to non-compliance with the requirements of clause 3 h 1 tbsp. 378 Code of Civil Procedure of the Russian Federation (volume 2 case file 6). since the appeal sent Zheltoukhova A.GN. in the last days of the appeal period, the applicant explained the provisions of Art. Part 2 Art. 376, part 4 of Art. 112 Code of Civil Procedure of the Russian Federation.

06/02/2017 Zheltoukhova A.N. applied with this application for the restoration of the procedural term (volume 2 pp 3 - 4).

Satisfying statement Zheltoukhova A.GN. on the restoration of the deadline for filing a cassation appeal against the above judicial decisions, the court proceeded from the fact that the statutory deadline for filing it was missed for a good reason.

However, the Judicial Board finds this conclusion of the court erroneous.

In paragraphs 8, 10 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 11, 2012 No. 29 “On the application by the courts of the norms of civil procedural legislation governing proceedings in the court of cassation”, it is explained that, based on the provisions of part 2 of article 376, paragraph 3 of part 1 of article 379.1, article 382, paragraph 6 of part 1 of article 390 of the Code of Civil Procedure of the Russian Federation, the six-month period for cassation appeal against court decisions that have entered into legal force is the same for appealing against court decisions in cassation, and filing a cassation complaint, presentation to the Judicial Collegium for Administrative Cases, to the Judicial Collegium in civil cases or to the Military Collegium of the Supreme Court of the Russian Federation after an appeal against court decisions to the presidium of a regional or equivalent court does not entail its calculation again. Based on the provisions of Part 4 of Article 112 of the Code of Civil Procedure of the Russian Federation, this period can be restored at the request of both an individual and a legal entity, and only in exceptional cases, when the court recognizes valid reasons for missing it due to circumstances that objectively exclude the possibility of filing a cassation complaint within the prescribed period. With regard to individuals participating in the case, such circumstances, in particular, may include a serious illness, a helpless condition, other circumstances related to the applicant’s personality, as well as other circumstances beyond the control of the person, due to which he was deprived of the opportunity to apply in a timely manner. with an appeal to the court.

By establishing a six-month time limit for filing a cassation complaint, the legislator proceeded from the fact that a person, exercising due diligence and conscientiousness in exercising the rights granted to him by law, has the opportunity to calculate the time necessary for him to appeal a court decision in cassation. The restoration of the procedural term is guaranteed to persons who objectively did not have the opportunity to file a complaint within the period established by law.

Thus, the possibility of restoring the period for appealing court decisions in cassation is associated with the presence of exceptional circumstances that occurred after the entry into force of judicial acts.

By virtue of the provisions of Art. 56 of the Civil Procedure Code of the Russian Federation, evidence confirming the existence of valid reasons for missing the statutory deadline for cassation appeal should have been submitted by the applicant, which was not done.

There are no circumstances in the case file that are directly related to the applicant's personality, which would actually prevent her from preparing and filing a complaint within the time limit set for challenging the court decision to the court of cassation.

In the application for the restoration of the missed procedural term Zheltoukhova A.GN. as the reasons for missing the deadline for cassation appeal against judicial acts, he refers to legal illiteracy, the lack of a permanent place of residence.

However, the panel of judges believes that these circumstances cannot be regarded as valid reasons that objectively prevent the defendant from exercising his right to cassation appeal in a timely manner.

As follows from the case file, Zheltoukhova A.GN. personally attended the court session of the Judicial Collegium for Civil Cases of the Kemerovo Regional Court dated November 3, 2016, the court explained to the persons participating in the case, their procedural rights, including the right and procedure for appealing the appeal ruling. In addition, Zheltoukhova A.N. took part in the consideration of the case by the court of first instance on the merits of the dispute, including through participation in court hearings of her representative by proxy FULL NAME3

Thus, the circumstance of the applicant's legal illiteracy is not grounds for restoring the procedural term for filing a cassation appeal and the arguments of Zheltoukhova A.GN. do not indicate the impossibility of filing a cassation appeal in a timely manner and are not a good reason for missing the deadline.

The applicant's reference to the fact that, due to the impossibility of living at the place of registration, she did not have a permanent place of residence, which made it difficult to send and receive mail, cannot be taken into account. The Judicial Board finds noteworthy the arguments of a private complaint Gorshkova Oh.A. that the defendant permanently lived and lives to the present in a private house at the address:<адрес>which is also confirmed by the materials of the case, according to which Zheltoukhova A.N. indicated the address of her residence<адрес>(Volume 1 case sheet 191).

Thus, the circumstances indicated by the applicant do not affect the essence of the resolution of the application for the restoration of the procedural term.

The applicant did not provide evidence that, acting reasonably and in good faith, she encountered circumstances that prevented the timely filing of the cassation complaint, and therefore, the trial court had no legal grounds for satisfying the application and restoring the time limit.

In this regard, the court of appeal comes to the conclusion that the ruling of the court of first instance was canceled and the application for the restoration of the missed procedural deadline for filing a cassation appeal was denied, since the deadline for appealing against the court decisions held in the case by way of cassation was missed by the applicant without good reason.

Zheltoukhova A.N. did not show a sufficient degree of care and discretion regarding the issue of timely appeal against court decisions in cassation, although, due to the circumstances of the case, she should and could do this.

Under such circumstances, the ruling of the court cannot be recognized as illegal, it is subject to cancellation with the resolution of the issue on the merits.

Guided by Art. 334 Code of Civil Procedure of the Russian Federation, Judicial Board

ABOUT D E L I L A:

Determination of the Rudnichny District Court of the city of Prokopyevsk, Kemerovo Region dated June 09, 2017, to cancel, to resolve the issue on the merits.

Refuse Zheltoukhova Albina Nikolaevna to satisfy the petition to restore the missed deadline for filing a cassation appeal against the decision of the Rudnichny District Court of the city of Prokopyevsk, Kemerovo Region of August 08, 2016 and the appeal ruling of the Judicial Collegium for Civil Cases of the Kemerovo Regional Court of November 03, 2016 in a civil case on lawsuit Gorshkova Oh.A. to Zheltoukhova A.N. about the recognition of the contract of sale as invalid.

Presiding: T.M. Chudinov

Judges: S.A. Shepherds

I.A. Suchkova

Placement decision

judicial act on the website of the Kemerovo Regional Court

in case No. 33-8250

Decision

Signature of the judge confirming the decision

Place in full, as the text of the decision is subject to publication (Part 3, Article 253 of the Code of Civil Procedure of the Russian Federation, Article 35 of the Law of the Russian Federation "On the Mass Media", Part 2 of Article 15 of the Federal Law of December 22, 2008 No. 262-FZ, as amended by dated June 28, 2010).

Place with the removal of personal data of the participants in the process, except for the names and initials of the plaintiff, defendant, third party, civil plaintiff, civil defendant, convicted, acquitted, the person in respect of whom the proceedings are being conducted on an administrative offense, the secretary of the court session that considered (considered) the case of judges (judges), as well as the prosecutor, lawyer and representative, if they participated in the trial (part 3 of article 15 of the Federal Law of December 22, 2008 No. 262-FZ, as amended on June 28, 2010).

Place with the exception of information containing:

- state or other secrets protected by law (commercial, tax, banking, medical, notary, lawyer, audit, insurance, adoption, will, correspondence, telephone conversations, mail, confession, pawnshop, etc.).

– other information of limited access (information about events and circumstances of private life, personal, family secrets, confidential information about the population in census forms, as well as information that became known to employees of social service institutions when providing social services, etc.).

(part 4 of article 15 of the Federal Law of December 22, 2008 No. 262-FZ as amended on June 28, 2010).

(Underline whatever applicable)

Do not post, as the judicial act was issued in cases:

1) affecting the security of the state;

2) arising from family legal relations, including in cases of adoption (adoption) of a child, other cases affecting the rights and legitimate interests of minors;

3) on crimes against sexual inviolability and sexual freedom of a person;

4) on limiting the legal capacity of a citizen or on recognizing him as incapacitated;

5) on compulsory hospitalization of a citizen in a psychiatric hospital and compulsory psychiatric examination;

6) on the introduction of corrections or changes in the record of acts of civil status;

7) on the establishment of facts of legal significance, considered by courts of general jurisdiction;

8) resolved in accordance with Article 126 of the Civil Procedure Code of the Russian Federation.

At the end, a list of attached documents must be given, the complaint must be signed by the person filing it with his own hand, and the date of filing with the court is indicated. It is not allowed to state in the text new claims that have not been submitted to the court of first instance before. If new evidence is attached to the complaint, it is necessary to justify in the text why they were not presented to the court of first instance, the reasons must be valid. Both court decisions and rulings are appealed on appeal. For definitions, a special procedure is provided, and a private complaint is filed. Filing an Appeal An appeal is filed with the court that issued the contested decision. You do not need to send documents to the higher court yourself, because they will still be returned back to the court of first instance.

Appeal against a court decision

In addition, the Court incorrectly applied the substantive law, the circumstances relevant to the case were not investigated by the Court in full, and the Plaintiff's arguments were not supported by appropriate evidence in the manner prescribed by law. The Respondent's arguments are summarized as follows: 1. The court did not correctly assess the following circumstances that are important for the correct resolution of the case.
The court found, but did not take into account the following. Prior to the decision by the court, the Respondent paid in full for the purchased Car.
This circumstance is reflected in the court decision (case file No. 165, first paragraph from above), and is also confirmed by payment orders and information letters on crediting funds to the Claimant's settlement account (case file No. 102 - 104, 154). In accordance with clause 3.3.

Appeal: Sample Drafting Examples

Contract Claimant in the manner prescribed by law, is not challenged. The court did not take into account the following circumstance, that on the basis of s.
1 st. 486 of the Civil Code of the Russian Federation, the contract may establish different terms for payment for goods. There are no deadlines for paying for the car in the Contract.
Clause 3.2. of the Agreement, the parties voluntarily established the following procedure for paying for the Car: “Payment for the cost of the Property is made by the Buyer by transferring to the Seller’s settlement account 100 (One hundred)% of the funds that make up the Cost of the Property within 3 (Three) banking days, counting from the date of invoicing by the Seller (p. 2.1.4. of this Agreement)." (case file 9-10). etc... The entire sample of the appeal in a civil case is placed in the attached file.

Appeal in a civil case sample, form, standard form

Reading the protocols, I noticed that it says that I am being charged under Article 111… read the answers (1) After the appeal, I filed a cassation appeal with the Kostroma Regional Court. The judge returned without consideration, under the pretext that the deadline for filing was missed ... read answers (2) If the judge does not send the appeal to the regional court for about 4 months, can I send the complaint to Strasbourg (European Court of Rights ... read answers (1) The judge has not sent the appeal to the regional court for 3 months.
Can she re-acquit in the district court? read answers (1) Please answer this question. An appeal was filed against me in the regional court, now I am filing a cassation complaint with the same regional court.
To…read the answers (1) In which instances to file complaints.
After filing an appeal, you need to wait for it to be accepted. If the complaint is accepted, the complainant will receive a notice of the assignment of the case to the appellate instance.
If the complaint is left without movement, it is necessary to correct its shortcomings. If the complaint is returned, you need to look at the reasons for the return and either restore the deadline or submit it to another authority. an appeal against the court ruling on the return of the complaint is not ruled out.

Complaint to the Court of Appeal - additional materials In addition to the complaint itself and knowledge of its preparation and filing, the applicant will need additional information on the consideration of the complaint in the court of appeal, the procedure for appealing the court's actions related to the acceptance and consideration of an appeal against a court decision in a civil case. Attention should be paid to the specifics of filing an appeal to justices of the peace.

Learn more about appeals: Appeals.

Kemerovo Regional Court of Appeal

Thus, the following requirements can be curled in the appeal:

cancel the decision of the court of first instance in full and issue a new decision on the case;
cancel the decision of the court of first instance in part and make a new decision on the case;
change the decision of the court of first instance in whole or in part and make a new decision on the case;
cancel the decision of the court of first instance in full and terminate the proceedings;
cancel the decision of the court of first instance in part and terminate the proceedings in the case of the part;
cancel the decision of the court of first instance in whole or in part and leave the application without consideration in whole or in part.

When a partial annulment or change of the court decision is required, the appeal shall indicate in which part the applicant asks to cancel or change the court decision.
When filing an appeal, personally mark the acceptance of documents by the office worker on your copy of the complaint, which you prudently take with you to court. If the complaint is sent to the court by mail, then do it by registered mail with acknowledgment of receipt. Then you will know when the documents were received by the court. A prerequisite is the attachment of copies of the complaint according to the number of persons participating in the case. The appeal is paid by the state fee, the original receipt is also attached. You do not need to attach documents that are already in the file, including a copy of the court decision.
In the appellate instance, the entire civil case will be investigated. The progress of the appeal should be monitored. If the complaint is left without movement, it is necessary to obtain a copy of the court ruling in a timely manner and make the necessary amendments within the prescribed period.

Appeal complaint to the Kemerovo region court sample

By a court decision, I was denied satisfaction of the claims in full (or in part of the claims about). I believe that this decision is illegal, unreasonable and must be canceled for the following reasons: 1.

In particular, I made a demand for Fr. This request was denied to me on the basis of the court's conclusion that. This conclusion was justified by reference to. Meanwhile, the court of first instance did not take into account the following: 1.1. . 1.2. . 1.3. . Thus, in force, this requirement was subject to satisfaction. 2. The court refused me. Meanwhile, . Thus, I believe that the court had no grounds for refusing the stated claim. 3. The court applied the limitation period, however, by virtue of the provisions of Art. (usually Art. 196 of the Civil Code of the Russian Federation), the specified period was not missed, since I only became aware of the violation of my right. By virtue of Art.

The district court won the reinstatement to work in the Ministry of Internal Affairs, then the Department of the Ministry of Internal Affairs filed an appeal with the regional court, we ... read answers (1) What is the deadline for filing an appeal with the regional court and from what date is it calculated? read answers (4) Please help advice. I filed an appeal with the regional court against the decision of the district court.

In 2008, a loan was taken, it turned out ... read answers (1) My husband was given a term of 11 years, filed an appeal, they delivered an audio recording to the regional court, 3 voices are clearly audible to this recording, i.e. a conversation ... read answers ( 1) My husband was given a term of 11 years, they filed an appeal, they delivered an audio recording to the regional court, 3 voices are clearly audible to this recording, i.e. the conversation ... read the answers (1) appeal to the regional court on March 30, 2015, within the time limits established by law.
For example, in the Moscow Region, appeals are filed with the Moscow Regional Court, in the Krasnodar Territory - with the Krasnodar Regional Court, and in Tatarstan - with the Supreme Court of the Republic of Tatarstan. In St. Petersburg and Moscow, appeals against decisions of district courts are filed with the St. Petersburg or Moscow City Court, respectively. The appeal shall contain the full details of the applicant submitting it. This is a surname, name and patronymic without abbreviations, sounding as indicated in the passport. This is the address of the applicant's place of residence or location, to which the court will send a notice of the time and place of the case in the appellate instance. The complaint must indicate its name - Appeal against the decision of the court, so that the court has no reason to take it for another document. The decision of the court that is being appealed must be indicated.
Good afternoon! What is the practice: how much and how does the court's decision on claims for forfeit, fine, damages and moral damage change when filing an appeal ... read answers (1) Hello! Controversial 1/2 share of the apartment. The owner of this share is my brother. He made a will for me (I am his sister) and for his underage son…read answers (1) Hello! I paid for the services of a lawyer in representation in the city court. An appeal was filed with the regional court - the lawyer asked to pay for it ... read the answers (4) An appeal was filed to the regional court by the defendant (I am the plaintiff). Should it be there.

Consideration of appeals: Procedure for appeals. Sample objection to the appeal: Objections to the appeal.

Download sample complaint against the decision of the magistrate: Appeal against the decision of the magistrate. Theory and practice of appealing against the ruling of the first instance: A private complaint against the ruling of the court. Appealing appeal rulings: Cassation complaint in a civil case. Appeal Form Download the Appeal Form. Fill it out according to your situation. It is necessary to strictly comply with the requirements for the content of the complaint, the attached documents and the deadlines for filing. In (name of the court of 2nd instance) From: (full name, address) Appeal against the decision of the court "" the court issued a decision in a civil case on the claim (name of the plaintiff) to (name of the defendant) about (indicate the essence of the claims).

from 31/12/2018

In case of disagreement with the results or procedure for the consideration of the case, the participants in the case file an appeal against the court decision. This is the first stage of the appeal. Without which all others simply will not take place.

Let us make a reservation right away that the examples of courts given in the article and the procedure for filing a complaint are valid until 2019. Indeed, on July 30, 2018, amendments to the Law on the Establishment of Courts of Appeal and Cassation of General Jurisdiction came into force. Due to the need to resolve personnel issues, the law will “work” in full no later than October 2019.

As long as everything stays the same. All judgments rendered in the first instance are subject to appeal. The general term for filing an appeal is 1 month from the date of production of a reasoned decision.

The appeal is drawn up in the form regulated by law and in compliance with the requirements for its content. The procedure for filing a lawsuit has also been established. Without compliance with the requirement, the court will not begin consideration of the complaint. Therefore, to draw up a document, use the provided sample and read the recommendations of lawyers.

Example of an appeal

To the Moscow Regional Court

Dolgoprudny, st. Maiskaya, house 6, apt. 6,

tel. 89000000006

address: 141700, Moscow region,

Dolgoprudny, st. June, house 6, apt. 8,

tel. 89000000008

APPEALS AGAINST THE DECISION OF THE COURT

dated May 15, 2019 in civil case No. 2-1254/2019

On May 15, 2019, the Dolgoprudnensky City Court of the Moscow Region issued a judgment in civil case No. 2-1254/2019 on the claim of Konstantinov I.O. to Egorov S.A. about reclamation of property from someone else's illegal possession.

Court decision requirements Konstantinova AND.Oh. satisfied. Purchase and sale transaction between Konstantinov AND.Oh. and Egorov S.A. declared invalid, the disputed property was claimed in favor of the plaintiff. Ownership of Egorova S.A. the property has been terminated.

I do not agree with the decision of the court, I consider it illegal and unreasonable for the following reasons. The court incorrectly determined the circumstances relevant to the case. The court concluded that the parties entered into a contract of pledge of property. And the sale and purchase transaction was essentially feigned. However, the pledge agreement has nothing to do with this dispute, it is an independent transaction.

The conclusions of the court that the property became the property of the defendant do not correspond to the circumstances of the case. In fact, the disputed property is in the possession and use of a third party O.Yu. Petrova, with whom the transaction was actually completed. The court incorrectly applied the norms of substantive law, namely Articles 182, 971 of the Civil Code of the Russian Federation. A representative by proxy does not acquire property under a transaction concluded by him on behalf of another person into his own property.

The case was considered in an illegal composition, since it was accepted by the Dolgoprudnensky city court in violation of the rules. In fact, the price of the claim is 30,000 rubles. (the value of the disputed property), so the claim must be considered by the justice of the peace at the place of residence of the defendant.

The case was considered in the absence, which was not notified of the time and place of the court session, there is no information about this in the case file. In addition, there is no date from 10/15/2015 in the case file.

The committed significant violations of the norms of substantive and procedural law, the incorrect definition of significant circumstances, the inconsistency of the conclusions with the actual circumstances do not allow the court decision to be recognized as lawful and justified. The decision is subject to cancellation on the grounds listed in Article 330 of the Code of Civil Procedure of the Russian Federation.

Guided by articles 320-322, 328, 330,

Cancel the decision of the Dolgoprudnensky City Court of the Moscow Region dated May 15, 2019 in a civil case against Konstantinov AND.Oh. to Egorov S.A. on the recognition of the sale and purchase transaction as invalid, the recovery of property from someone else's illegal possession.

Take a new decision in the case, which in satisfaction of claims Konstantinov AND.Oh. refuse in full.

Appendix:

Copies of the appeal - 2 copies.

Date 06.06.2018 Signature Egorov

The document is drawn up in writing. Even if sent through electronic services (now this option is available in almost every court).

In the “header” of the complaint, the applicant indicates the court that will consider the case. An appeal against the decisions of justices of the peace is considered by a higher district court. The decision of the district court, adopted at first instance, is considered for legality by a higher court of the constituent entity of the Russian Federation.

The person filing the complaint must write in full his last name, first name and patronymic, as well as the place where he lives at the time of the preparation and submission of the document. The text must indicate the full details of the court decision that is being appealed, namely: the name of the court that made the decision, the case number, the name of the plaintiff and the defendant, the essence of the claims. This data can be copied from the complained.

The appeal must necessarily contain requirements - this is what is written after the word “please”. Such requirements may be: cancellation of the court decision in whole or in part with the adoption of a new decision, with the termination of the proceedings or with the application left without consideration.

The complaint must indicate the grounds for canceling the decision. The list of grounds is established by Article 330 of the Code of Civil Procedure of the Russian Federation. Take it as a basis, applying it to a specific court decision and your situation.

At the end, a list of attached documents must be given, the complaint must be signed by the person filing it with his own hand, and the date of filing with the court is indicated.

Features of the appeal against the decision of the court

Both court decisions and rulings are appealed on appeal. For definitions, a special procedure is provided, while submitting.

Filing an appeal

An appeal is filed with the court that issued the contested decision. You do not need to send documents to a higher court yourself.

When filing an appeal, personally mark the acceptance of documents by the office worker on your copy of the complaint, which you prudently take with you to court. If the complaint is sent to the court by mail, do so by certified mail with acknowledgment of receipt. Then it will be known when the documents were received by the court.

A prerequisite is the attachment of copies of the complaint according to the number of persons participating in the case. The appeal is paid by the state fee, the original receipt is also attached. You do not need to attach documents that are already in the file. In the appellate instance, the entire civil case will be investigated.

The progress of the appeal should be monitored. If the complaint is left without movement, it is necessary to obtain a copy of the court ruling in a timely manner and make the necessary amendments within the prescribed period. When returning the appeal, the court also issues a ruling in which it indicates the reasons for such a procedural action.

Acceptance and consideration of a complaint

The court of first instance, after receiving the appeal, decides whether it is possible to accept the complaint. Checks that there are no grounds for leaving without movement or returning documents. If the appeal is accepted, the judge puts a mark on the complaint itself, which is then filed into the file.

After that, copies of the documents are sent to the persons participating in the case. After the expiration of the period for appeal, the materials of the civil case are sent to the court of appeal.

The court of appeal shall notify the persons participating in the case of the time and place of the trial. The case is considered according to the rules of the first instance, ends with the issuance of an appeal ruling. From the moment of issuing such a ruling, the court decision, if it is not canceled, is considered to have entered into force. If the decision is reversed, the appeal decision resolves the case on the merits, it acquires the force of the decision.

The appeal ruling can be appealed to a higher authority by filing.

What is the difference between an appeal against a decision of a justice of the peace

An appeal against a decision of a justice of the peace is no different from an appeal against a decision of a district court. Such a complaint is filed through a justice of the peace, but is addressed to the district court. An appeal against a decision of a justice of the peace is considered according to the general rules of appeal proceedings.

It should be borne in mind that justices of the peace have the right not to draw up a complete decision without a statement from the persons participating in the case. Therefore, within 3 days from the date of the announcement of the operative part of the decision by the justice of the peace, it is necessary to submit an application for drawing up a reasoned decision.

Based on the results of consideration of an appeal against a court decision, the district court issues an appeal ruling, which can only be appealed to the cassation instance.

Clarifying questions on the topic

Ronald

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Victor

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Tatyana

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