An appeal in the broadest sense of the word is a complaint to a higher instance with a request to reconsider the decision of a lower one, if for some objective reason it did not satisfy you. Most often, this document is used in judicial practice, when a court decision did not satisfy one or both parties, however, even a third party who saw a violation of the law in this decision can appeal the court decision.
When the appeal is filed
Chapter 39 of the Civil Procedure Code of the Russian Federation provides for participants in a court case who are dissatisfied with the decision made, the opportunity to appeal to a higher court. An appeal against a judgment is filed in the form of an appeal before it comes into force, so it is important to meet the deadline for filing. If the case was considered in the magistrate's court, you can file an appeal within 10 days after the magistrate's final decision, in other cases it must be filed within a month, unless otherwise stipulated by law. The request to reconsider the decision may concern only some part of it. An appeal, unlike a court order, can also be filed against a decision made in absentia.
Where to file an appeal
If the case was decided in the magistrates' court, the appeal should be made to the district court. When you are not satisfied with the result of a court case considered in a district court, a complaint should be filed with the supreme court of the republic, autonomous region, and you can also apply with it to the regional, regional or city court. In turn, the legality of decisions made by these courts is considered by the judicial collegiums for civil or administrative cases of the Supreme Court of the Russian Federation. The very last, highest, level where you can apply with an appeal is the Appeals Collegium of the Supreme Court of the Russian Federation.
The appeal process requires that it be filed through the court that decided your case. This is necessary to comply with existing formalities and legal procedures governing the consideration of the appeal.
How to write an appeal
The content and structure of this document are regulated by Article 322 of the Code of Civil Procedure of the Russian Federation. In accordance with it, in the address part of the document, you must indicate the name of the higher court to which you are addressing your complaint, as well as full information about you: last name, first name and patronymic, passport data, address of permanent registration and residence.
In the text of the appeal, you must indicate the full details of your case - its name and number, date of issue, the name of the judge who made the decision. In the main part of the appeal, state the essence of the complaint, write what, in your opinion, is the incorrectness of the decision, give your reasons, references to the case materials and to new evidence, if any. Formulate your request taking into account the specific powers that a higher court of appeal has.
List the documents you are using as attachments and sign the appeal with the current date. Please note that the text of the appeal itself and the annexes to it must be provided with copies according to the number of all interested parties.
