How To Check The Legality Of The Decision

Table of contents:

How To Check The Legality Of The Decision
How To Check The Legality Of The Decision

Video: How To Check The Legality Of The Decision

Video: How To Check The Legality Of The Decision
Video: How Do I Know Whether I’m Making the Right Decision? Ven. Pomnyun’s Dharma Q&A 2024, May
Anonim

If you think that the court's decision is unfair, you can try to appeal it. During the inspection, the supervisory authorities will determine whether the decision is legal or not.

How to check the legality of the decision
How to check the legality of the decision

Instructions

Step 1

Remember that you can appeal any decision, even made by the Supreme Judicial Body of the Russian Federation, under which there is a special commission. Submit your cassation appeal in writing within ten days after the decision is made. Attach to it all documents and materials that can confirm your case.

Step 2

The court organizes an inspection, the purpose of which will be to identify the following circumstances: - the existence of a basis in the form of normative acts; - observance of the order of conduct of business; - compliance of the imposed penalty and the offense itself. In addition, the court will reveal whether the data on the identity of the guilty person were taken into account in the case materials, as well as whether the statute of limitations was taken into account. If some aspects of the case do not comply with legal norms, the decision will be annulled, and the case will be sent for reconsideration. However, be prepared for the fact that the supervisory authority will not just eliminate the violation, but will carefully study the whole case, so the inspection may drag on for a long time.

Step 3

Wait for a decision on your complaint. Within three days, a copy of this document must be provided to you in person. The decision may be in your favor, a new conviction may be issued, or the defendant will be acquitted. However, in most cases, the inspecting authority does not find any irregularities in the conduct of the process and leaves the complaint unsatisfied. In such a situation, you will have to continue fighting for justice. In addition, the prosecutor can challenge the satisfaction of the complaint, which will further complicate the case.

Step 4

Contact the regional and then the Central Judicial Authority. If you are sure that the truth is on your side, follow this path to the end. The last instance will be the European Court of Human Rights. Many of our compatriots have applied to the ECHR and received, as a result, decisions that suit them. Remember that most unfair and illegal decisions are made precisely because of the legal illiteracy of citizens and their fear to defend their innocence.

Recommended: