The law provides for an opportunity to check the correctness of the court decisions. A citizen whose rights are affected by the adopted judicial act has the right to appeal against it. To do this, you need to comply with a number of procedural formalities. The decisions and rulings of the court of first instance can be challenged. Depending on whether the decision has entered into legal force or not, a distinction is made between an appeal and a cassation appeal, respectively.
Necessary
A copy of the judicial act subject to appeal; receipt for state duty
Instructions
Step 1
Get a copy of the court order to be appealed.
Step 2
Determine the jurisdiction, that is, the court that will consider the complaint. The appeal against the decisions of justices of the peace takes place in the federal district court, an appeal is filed. The appeal against the decisions of the district courts takes place in the regional court, the cassation appeal.
Step 3
Pay the state duty in the amount of: for individuals 100 rubles, 2000 rubles. for organizations. Private complaints about determinations are not paid for by the state duty.
Step 4
Prepare a complaint, be sure to include the following information:
- the person filing the complaint, procedural situation, address, telephone;
- other participants in the process, names, addresses, telephones;
- to which court the complaint is sent;
- which decision is being appealed: the number of the case, which court made the decision and the date of its adoption, the operative part;
- in what part do they disagree with the decision, their arguments in support of the arguments, references to the norms of laws, examples of judicial practice in similar cases;
- the petitional part contains a requirement to cancel the judicial act, make a new decision on the case, change the decision of the first instance;
- list applications;
- the complaint must be signed by the complainant himself or by an authorized representative.
Step 5
Submit your complaint by registered mail with notice or submit it directly to the court office. Together with the complaint, send copies of the complaint for other participants in the process, a copy of the contested decision, the original receipt for the state duty, the power of attorney of the representative, and other documents to prove your position. The complaint must be sent within 10 days from the date of the preparation of a reasoned court decision.
