The legislation of the Russian Federation provides for the possibility of challenging judicial acts and decisions of officials even after the expiration of the time limit for their appeal. The system of instances for appealing decisions is clearly defined in such regulatory documents as the Arbitration and Civil Procedure Codes of the Russian Federation, as well as the Code of Administrative Offenses of the Russian Federation.
Instructions
Step 1
If you want to appeal against a court decision or a decision of an official (for example, a traffic police officer), first of all, you need to decide where the complaint should be sent. So if we are talking about an official, then his decisions are appealed to a higher leader or in court. If a court decision is appealed, then depending on whether it has entered into legal force or not, the complaint will be named accordingly to the instance to which it is sent.
Step 2
The terms and place of the appeal, as a rule, are indicated in the decision itself, or this can be found out by referring to the norms of the Code of Civil Procedure and the Arbitration Procedure Code of the Russian Federation. So on decisions of justices of the peace that have not entered into legal force, appeals are submitted to the district courts of cities (the requirements for their content are contained in Art. 322 of the Code of Civil Procedure of the Russian Federation); on decisions of other courts of general jurisdiction, rendered at first instance and which have not entered into force, cassation appeals are submitted to the regional courts (Article 339 of the Code of Civil Procedure of the Russian Federation); all decisions that have entered into force are appealed by filing supervisory complaints (Article 378 of the Code of Civil Procedure of the Russian Federation) to the presidium of the Supreme Court of the constituent entity of the Russian Federation, and then to the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation. Appeals against decisions of arbitration courts that have not entered into force are filed with an arbitration court of a constituent entity of the Russian Federation (Article 269 of the Arbitration Procedure Code of the Russian Federation), for those that have entered into force - cassation complaints with an arbitration court of the corresponding circuit (Article 277 of the Arbitration Procedure Code of the Russian Federation) An application for revising a judicial act by way of supervision in arbitration proceedings is submitted to the Supreme Arbitration Court of the Russian Federation.
Step 3
In any case, in order for the complaint to be accepted for processing, it is necessary to comply with the statutory requirements for its preparation. So the complaint, whether it is an appeal, cassation or supervisory, must contain the following: Introductory part. The name of the court to which the complaint is addressed; name of the person filing the complaint. Main part. An indication of the court decision that is being appealed; the requirements of the person filing the complaint and the grounds on which they consider the court's decision to be incorrect. The request part, which must comply with the powers of the court considering the complaint. For example, a court of general jurisdiction of the cassation instance can leave the decision of the first instance court unchanged, cancel it in whole or in part and send the case for a new trial, change or cancel the decision of the first instance court and make a new decision, etc. (Article 361 of the Code of Civil Procedure of the Russian Federation). That is, after the word "I ask" in the cassation appeal, the appropriate action of the court from the list of powers of this instance is indicated, which most fully meets the interests of the applicant. List of evidence attached to the complaint.
Step 4
The key point in drawing up a complaint is, of course, giving reasons as to what exactly are the violations by the court that made the decision, the norms of the law. The decision will be canceled or changed if the court incorrectly determined the circumstances that are relevant to the case; circumstances relevant to the case have not been proven; the conclusions of the court, set out in the decision, do not correspond to the circumstances of the case; the court violated the norms of material (for example, applied the wrong law) or procedural law (for example, there is no protocol of the court session).
Step 5
Particular attention should be paid to the design of attachments to the complaint. All copies of documents must be certified accordingly, receipts for payment of the state fee, copies of the appealed decision must be attached. The number of copies of the complaint and its annexes corresponding to the number of persons participating in the case is sent to the court.
Step 6
Complaints, except for supervisory complaints, are sent to a higher instance through the court that issued the contested decision. The court, having received the complaint, redirects it with all the case materials in its possession to the authority competent to consider it.
Step 7
To the content of a complaint against decisions of officials, similar requirements are imposed as to court complaints (see Chapter 30 of the Administrative Code of the Russian Federation).
