The legal way to express disagreement with a court decision and to demand its cancellation is to file an appeal with a higher court. This right is granted to the participants in the considered case and their legal representatives in accordance with the current legislation of Russia (clause 1 of article 320 of the Code of Civil Procedure of the Russian Federation). It is necessary to appeal against the court decision before its entry into legal force or it will be enforced. Therefore, you need to start the appeal process immediately after the end of the hearing and the announcement of the verdict.
Instructions
Step 1
To get started, get a copy of it from the office of the court that made the controversial decision. Since you will need the information it contains (court details and ruling) to file a complaint. Do not forget to take the details here to pay the state fee charged for the consideration of your appeal. Prepare arguments allowing you to demand a reconsideration of the case, supporting them with references to articles of the law. Decide on the requirements: do you want a complete cancellation of the court decision or partial, on individual points.
Step 2
Pay the state fee and prepare a package of documents that will be attached to your appeal. This will also include the receipt of payment. List them, number them and do not forget that you will have to provide a complete list of them directly in the text of your complaint.
Step 3
Check out the options for filing appeals presented on the Internet, or take as a sample the complaint against the decision of the magistrate, the link to which is posted at the end of the article. Draw up an appeal in accordance with the requirements of paragraph 1 of Art. 322 of the Civil Procedure Code of the Russian Federation, which lists the items that must be included in the document. Print out enough copies to serve each of the parties to the disputed case.
Step 4
Pass the finished appeal, complete with a package of attached documents, to the judge who considered your case (Article 320 of the Code of Civil Procedure of the Russian Federation). It is he who, according to the law, must transfer it to the supervisory authorities. The time limit for filing an appeal is limited to ten days from the date of the final decision. Upon its expiration, the decision will enter into legal force.
