According to the current legislation, the District Court belongs to the courts of first instance. Therefore, if you do not agree with his decision, you have the right to challenge it in a higher court of a constituent entity of the Russian Federation. It will be a city court, if we mean a city district and a regional court, if it is a regional district. Individuals, direct participants in the case under consideration, have the right to appeal against the decision of the district court by filing a cassation appeal. In addition, the prosecutor can prepare a cassation presentation.
Instructions
Step 1
Prepare evidence to show that it was fair to ask for a review of a judge's decision in your case. Each of them must be supported by certain articles of the law, confirming the legitimacy of the conclusions proposed by the plaintiff.
Step 2
Draw up a cassation appeal in accordance with the law (Article 375 of the Code of Criminal Procedure of the Russian Federation). The mandatory requirements for the design of such an appeal contain several important points.
First of all, write the name of the court (to which the complaint will be sent) and the details of the plaintiff (name, place of residence).
Immediately under the title "Cassation appeal" indicate the contested decision of the district court (name and date of the court decision).
List the proposals for changes in the judge's decision and the reasons for its review in a higher court.
List the documents and evidence attached to the complaint.
At the end, put the date of the appeal and your personal signature.
Step 3
Make copies of the cassation appeal according to the number of participants in the process on which the contested court decision was made. Attach copies to the cassation appeal for submission to the court.
Step 4
Pay the state fee established by law for the consideration of the cassation appeal by the court. Bank details for filling out the payment receipt can be obtained from the office of the court department. Attach a document confirming payment with a bank note to the cassation appeal.
Step 5
Submit to the court that rendered the decision (part 2 of Art. 337 of the Code of Civil Procedure of the Russian Federation), the cassation appeal with the annexes (listed in the appeal), copies (for the participants in the case) and a receipt for payment of the state duty. The judge, having ascertained that all the requirements imposed by legislation on the preparation of a cassation appeal, have been complied with, will transfer it for consideration to a higher court or return it to the plaintiff to correct the identified shortcomings.
