Any court decision can be appealed by filing written complaints (appeal, cassation, etc.) to a higher judicial body at an appropriate stage of judicial consideration. The procedure for filing and considering such complaints is established by the Arbitration, Civil Procedure and Criminal Procedure Codes of the Russian Federation.
Instructions
Step 1
Before filing a complaint against a court decision, determine if the statutory deadline for filing it has expired. Appeals (intended to appeal against decisions of justices of the peace) and cassation complaints (to appeal against decisions of judges of district courts) must be filed within ten days from the date of the decision by the court that considered the case in the first instance. Appeals are sent to the district court, cassation - to the courts of the constituent entities of the federation (regional, republican, etc.). Supervisory complaints are filed against court decisions that have already entered into force within 6 months after their adoption. These complaints are addressed to the Presidium of the court of a constituent entity of the Russian Federation or to the Supreme Court of the Russian Federation, to one of the collegiums, depending on the nature of the case.
Step 2
In arbitration proceedings, appeals are filed against decisions of arbitration courts of a constituent entity of the Russian Federation that have not entered into legal force to a regional arbitration court within a month from the date of the decision. Cassation appeals against decisions of arbitration courts of the constituent entities of the Russian Federation that have entered into legal force shall be filed with the district arbitration court within two months. Supervisory complaints are filed with the Supreme Arbitration Court within three months from the date of entry into force of the last decision in the case.
Step 3
The requirements for all types of complaints are general, they must contain an introductory part (details), the main (descriptive and motivational) and supplicatory. Failure to comply with the rules for drawing up a complaint does not prevent you from re-handling it after all the shortcomings have been eliminated.
Step 4
Start filing a complaint by specifying the details of the court to which you are filing it, as well as your personal data and data of other persons involved in the case.
Step 5
In the main part of the complaint, make an indication of the content of the decision you are contested, describe your requirements and list the grounds on which, in your opinion, this court decision should be declared illegal and subject to change or cancellation. This may be an incorrect definition of the circumstances that are relevant to this case or the absence of an evidence base, violation of substantive or procedural law.
Step 6
In the pleading part, state your request to cancel or change the decision you are appealing. The main thing is that your claim is consistent with the powers of the court to which the complaint is being filed. Otherwise, it will remain without consideration and will be returned to the applicant.
Step 7
Then sign your complaint, date it today. Please attach to the complaint any evidence you have, if any, to support the complaint.
