You can challenge a court decision by filing an appeal, cassation and supervisory complaint. These types of appeals are not mutually exclusive, and each complaint is filed within a certain time frame, and the applicant is obliged to comply with the requirements for its form and content.
In case of disagreement with the court decision, any party to the civil process can use several opportunities to challenge it. These possibilities are best applied in strict sequence, since in this case the chances of canceling an unlawful or unreasonably made decision increase significantly. The first step is to prepare and file an appeal against the decision of the judicial authority. The prepared complaint is sent to the court that adopted the contested judicial act. The specialists of this court will independently forward the documents (complaint and case materials) to the court of appeal. It is important to respect the deadline for appeal, which is only one month from the date of the full text of the decision.
The second stage of challenging the court decision
If the filing and consideration of the appeal did not lead to the desired result in the form of cancellation of the court decision, then this judicial act enters into legal force. This does not impede further actions of the interested party to appeal it, however, the decision is already being implemented. At the second stage, a cassation appeal is filed, which is sent by the applicant directly to the court of cassation. As such a court are usually regional, territorial, republican judicial bodies. The applicant of the complaint must comply with the requirements for its form, content, and also send it to the court within the period established by law, which is six months after the date of entry into force of the contested act.
Subsequent stages of challenging a court decision
Usually, if the result of the consideration of the cassation appeal is unsatisfactory for the applicant, the challenge of the court decision is terminated. Nevertheless, in rare cases, the list of which is enshrined in the Civil Procedure Code of the Russian Federation, the right to file a supervisory complaint is retained, which, if there are appropriate grounds, can be considered by a collegial composition of judges of the Supreme Court of the Russian Federation. In this situation, it is also required to strictly comply with the formal requirements for the complaint, and the period for its presentation should not exceed three months from the moment the contested act enters into force. Since the decision of the court of first instance at this stage of the appeal is usually already executed, when it is canceled by the Supreme Court, the execution of the judicial act is reversed, which allows the applicant to count on the return of the money or property paid.
