If the case is lost, the court's decision is in favor of the opponent, you can file an appeal to change the decision on the claim. Appeals should be filed in different instances in different situations.
Necessary
- - statement;
- - the decision of the court to be appealed;
- - a lawyer who will make a correct complaint.
Instructions
Step 1
The first instance for filing an application is the city (district) or magistrate court. The Magistrate's Court accepts for consideration: cases of divorce and division of property (the property amount should not exceed 50,000 rubles), as well as the use of property; cases that relate to the issuance of court orders (most often - tax penalties); criminal cases referred to in Art. 31 of the Criminal Code of the Russian Federation; administrative cases (fine, deprivation of rights, etc.). All other cases will be considered by the district (federal) court. To determine exactly which court you need to file a complaint with, contact the judicial secretariat or court registry.
Step 2
In the event that the court's decision is not satisfactory, you can appeal. Appellate instance: file a complaint against the decision of the magistrate with the secretary of the district court, cases of other courts are subject to consideration in the regional, regional or supreme court of the republic. Such an appeal is filed with the office of the court of first instance. The appeal period will be one month from the moment the decision was handed over in writing.
Step 3
The cassation instance is a court of a constituent entity of the federation (region, territory, republic, etc.). File such a complaint directly with the cassation court. The deadline for submission is limited to six months. Be sure to attach copies of all previous judgments, but first certify them with the blue seal of each of their courts. Contact a legal organization, as it is important to draw up a cassation appeal correctly and take into account all the nuances.
Step 4
When all instances have been passed, within up to six months there is an opportunity to appeal to the Supreme Court. Indicate the norms of law violated by previous instances, which do not allow the restoration and protection of rights, freedoms and legitimate interests.
Step 5
An extreme step in the appeal can be the filing of a supervisory complaint, which must be submitted to the Presidium of the Supreme Court of the Russian Federation within three months after the entry into force of the decision of the Judicial Collegium of the Armed Forces of the Russian Federation.
