The right to object to a complaint is a direct expression of the right to be defended from prosecution. Many mistakenly do not attach importance to it, naively believing that the already available case materials contain all the information that is necessary for making a legal and well-grounded decision, that it makes no sense to write objections. In practice, the court takes into account everything - both the cassation appeal itself and the objections received against it.
Instructions
Step 1
In Russian legislation, there are no rules for drawing up an objection to a complaint, it only says that it must be made in writing. The objection (with copies according to the number of persons participating in the case) is submitted to the court, which previously received the cassation (appeal) complaint.
Step 2
The Arbitration Procedural Code of the Russian Federation, which introduces the concept of a revocation submitted to an appeal, will provide us with invaluable assistance in writing an objection. In practice, according to the same rules, an objection is drawn up in other courts. First, you need to draw up the details of your objection: the name of the court to which it is submitted, information about the applicant and other persons interested in the outcome of the case (last name, first name, patronymic, address, contact phone number).
Step 3
Then comes the very "body" of the objection. To write it correctly, you should carefully study the original complaint, identifying strengths and weaknesses in it, as well as facts and circumstances that require refutation. For a qualitative analysis and drafting an objection, it is better to use the help of a lawyer who has special skills and experience in handling such cases. Start the objection text with a link to a previously filed complaint, explain when, by whom and in what case it was written. Then give your reasons to refute the circumstances indicated in the complaint. Support them with written or other evidence, if you have it.
Step 4
Sign your objection yourself. In the presence of a notarized power of attorney, the objection may be signed by a representative. Submit the completed objection (with all necessary copies) to the court office or send it by registered mail with notification.
