The judicial system in Russia, as well as in many other countries, alas, is far from perfect. Even the highest officials were repeatedly forced to admit that for some Russian citizens the court was neither quick nor right. People are faced with dubious, and sometimes frankly illegal, court decisions.
Instructions
Step 1
A citizen who believes that his rights have been unfairly violated by a court or his legal representative has the right to appeal against a court decision in a higher court or in a supervisory instance. In some cases stipulated by law, a prosecutor may appeal against a court decision.
Step 2
If the court's decision has not yet entered into legal force, you should file an appeal (if the decision was made by a magistrate court) or a cassation complaint (if the decision was made by a city or district court). When the decision comes into legal force, appeal it to the presidium of the courts of the constituent entities of the Russian Federation, that is, to the courts of the supervisory instance.
Step 3
Suppose you disagree with the magistrate's decision. According to the law, an appeal is addressed to a higher court (city, district), but you are obliged to submit it to the very magistrate court whose decision you will appeal against. Try not to miss the complaint deadline. In the complaint, indicate: your last name, first name, patronymic, place of registration (or actual residence); which decision of the magistrate court will you appeal; reasons for appeal; a request addressed to a higher court (that is, write that you are asking to cancel the decision of such and such a magistrate court, taken then in relation to you).
Step 4
List the documents attached to your complaint. Do not forget that you must also attach copies of these documents in an amount equal to the number of interested persons, and another copy for the court office.
Step 5
Of course, not a single Justice of the Peace will be delighted to learn that they are going to appeal against his decision. Therefore, please note: he has the opportunity to delay the sending of your complaint, referring to the fact that it is allegedly not framed according to the rules. By law, he is obliged to give you a time limit to eliminate these deficiencies. Try to file your complaint exactly as required by law. If the magistrate stubbornly refuses to accept it, contact a higher court with a private complaint about his actions.
Step 6
If your case is reviewed by a city or district court, it will be re-considered. Therefore, if you can present the court with new evidence that speaks in your favor or call new witnesses - do it. In any case, you are better off using the help of a qualified lawyer.
