Advice 1: How to appeal the decision

If the court's decision on your case you do not like, but you have no legal education and don't know how to fix the situation, do not despair. To appeal the decision under the force of each, it is necessary to know only some provisions of the law on the appeal.
How to appeal the decision
Instruction
1
Let us consider an example with the appeal against the decision of the court of first instance in a civil case. This will appeal against the decision of the magistrate (the law of the international judges hear divorce cases, if there is no dispute about the children, the case of determining the order of use of property, cases on property disputes, except cases of inheritance, and some others, as listed in article 23 of the Civil procedure code) or the decision rendered by the district court. There are two procedures for appealing against decisions of the court of appeal and cassation.
2
The magistrates can be appealed to the district court of appeal through a magistrate. This means that the appeal must be brought to the office of that magistrate who heard your case initially. The appeal is filed within 10 days from the date of the decision of the world judge. Such a complaint should contain the name of the district court, in which it is addressed, the name or the name of the person filing the complaint, the indication of the contested decision with justification, the merits of the request and list of documents attached (receipt for payment of the state fee, a copy of the complaint to others involved in the case. The magistrate checks the complaint for compliance with its content the requirements of the law, shall circulate copies to others involved in the party and after a 10-day appeal deadline passes in district court.
3
After considering the appeal, the district court may leave the decision of the world judge without change, modify the decision of the magistrate, cancel it in part or make a new decision. The court may also leave the application without consideration or terminate the proceedings. The appeal decision shall enter into force on the day of its adoption.
4
If the first instance court in your case was the district court then you may file an appeal to the next court - regional, regional court, court of the Republic, depending on the region. The content of the appeal about the same contents of the appeal, with the only difference that it is required to attach documents proving their position. District court sends copies to others involved in the party and after a 10-day appeal deadline passes in district court.
5
Following the hearing of the appeal, the court may leave the decision of the court of first instance without change, cancel in whole or in part, to send the case for retrial to the first instance court for a new decision on their own, to leave the statement without consideration or to stop manufacture on business. The appeal decision, and the appellate decree shall enter into force upon its adoption.
6
Entered into force of the decision and determination can be appealed as supervision in the Supreme courts within six months. This also requires file a complaint indicating infringement by courts of previous instances. The Supervisory-instance court shall consider the complaint within one month (excluding the Supreme Court) and to make a determination on the transfer for consideration or about refusal in it. In case of transfer for consideration, the court must decide within one month of the resolution which cancels rulings of courts of previous instances in whole or in part, to direct business on new consideration, to leave in force one of the resolutions, adopt a new judicial decision. The court of Supervisory instance may also leave the application without consideration or terminate the proceedings. A Supervisory instance court resolution shall take effect from the date of its adoption.

Advice 2 : How to appeal against the decision of the court

If you do not agree with the decision of the court in the case in which you were held as one of the stakeholders, you have 10 days to appeal against it in higher court. To do this you must submit to the office of the courtwhere the case was heard, the appeal.
How to appeal against the decision of the court
You will need
  • - the decision of the court;
  • - a computer with a printer;
  • - texts of laws, to which you will refer in the complaint.
Instruction
1
At the conclusion of the trial the first thing to ask the Registrar of the courtwho participated in the hearing, when you can get a court order. At the appointed time will appear in its own instance verdict. You'll need it for drafting the appeal.
2
To compile the appeal should be approached very seriously. It is best if you will help of professional lawyer, which can be found in the nearest legal advice. Usually, his help will cost from a few hundred rubles depending on the complexity of your case.You can also compose the text of the complaint themselves. But then it is better to show it to a professional lawyer, listen carefully to his comments and, if necessary, make changes to the text.In the complaint, as well as any other official document is no place for emotions. You have the right to disagree with the decision of the court, but it must be done within the canons of proceedings and applicable law.
In this case, the optimal method of presentation - a dry legal language.
3
Carefully read all the provisions of the legislation referenced by the court in its decision. Literally write down the wording, make sure they're all spelled out in the existing laws and commentaries. If the court or that the provision interpreted, in your opinion, is wrong, feel free to refer to the relevant paragraph of the law, subordinate legislation or other document.
A lot of useful things you can find in various documents emanating from courts of first instance. The recommendations contained therein are often binding the lower courtand the decision on your case may not meet these requirements.
To find these documents on the website of the Supreme court of the Russian Federation and other courts depending on your case.
4
Written complaint read several times. Make sure whether you are referring to specific regulations, there are no confusion in dates, numbers, names etc. Any inaccuracy in the consideration of your complaint will be interpreted not in your favor. Check whether they comply with the formal requirements for such documents prescribed in the provisions of the law.And only when you are sure that everything is in order, you can print it out, sign and take to court.
Be sure to leave a second copy. It will come in handy when preparing to consider your complaint, in which the higher court may agree with your arguments or not. And often his decision depends on your argument in the text of the complaint and in the hall of the court.

Advice 3 : Where to go with the writ of execution

The issues of debt and penalties often are resolved in court. When the court took its decision to issue the writ, the claimant must deliver it to the destination. The first thing a copy of it must be attributed to the defendant, and what to do then, this is a harder one.
Where to go with the writ of execution
Instruction
1
With the writ of execution, but rather with its copy in the first place should go to the person in respect of whom a court made an order, that is, the Respondent in this case.
2
If peacefully defendant failed to agree, and he refused to pay the penalties due according to the court order, you need to contact the bailiffs. Ushers have the opportunity (of course, within the law) to collect from the debtor's funds in cash (deductions from wages) and property (equipment, flat, furniture, etc.).
3
It is not recommended to contact debt collection and other such agencies, as well as near-criminal structures, because everything's not always by law. In the end the responsibility will fall on the one who appealed to the particular structure with the writ of execution, that is, the creditor. As a rule, it falls under article of the Criminal code.
4
In that case, if you have not specified in the document term collect from the defendant in the case, you have every right to address in court with the application for the renewal of the claim.
5
The case of the recovery on the Executive face to close at the end of time can only be the case if the claimant has not applied for the renewal of the claim in court on time.
Note
For each decision, usually issued one writ of execution. Several writs the court may issue in that case, if the execution decision is performed in more than one subject of the Russian Federation.
Useful advice
A writ is a type of document, issued on the basis of decisions, orders, judgments, that is, any judicial acts subject to execution. This document provides a brief resolution of the judicial decision, information on the name and address of the court that issued the writ, the case number, in which the sheet is issued, the date of the decision, etc.

Advice 4 : What is the deadline to appeal the court decision

Terms of appeal against the decision of the court depend on the type of the complaint. Usually these deadlines are legislatively tied to the date of adoption of the contested judicial act, from this day begins the period for filing a complaint.
What is the deadline to appeal the court decision
The time within which any party in civil proceedings may appeal the decision of the court, are determined by the form of the complaint. These periods are enshrined in the current civil procedure legislation, and counted a specified time since the court rulings in their final form, or the entry into legal force. Thus, the time for filing the appeal is a month, the period starts from the date of the final decision on the case by the court of first instance. Note that the final decision is the publishing of its full version that includes descriptive, reasoning and operative part.

In terms of what is served appeal?



A longer period is set for the participants of the civil process wishing to Lodge an appeal. In this case, the relevant document is sent to the court of cassation within six months from the date of the contested judicial act in legal force. The appeal is accompanied by some additional conditions, one of which is the exhaustion of the applicant's previous way of challenging the decision of the court (in particular his appeal to the appeal). Long term of filing the appeal due to the fact that this kind of contestation of a judicial act shall not affect its entry into force and execution.

In what time Supervisory complaint is served?



Filing a Supervisory appeal is only possible to challenge some of the court rulings, definitions, which are enshrined in the CCP. The deadline for filing said complaints is three months after the date of entry into legal force of the appealed act. This type of complaint does not affect the entry of court decisions into legal force shall not suspend their execution. The timeline for referral for Supervisory review and other types of complaints may be restored upon written request (petition) of the person concerned in case of their passes. However, the applicant of a relevant claim will have to prove valid reasons for missing such deadline to submit supporting documents (e.g. certificate from a medical institution about finding treatment for an extended period of time). During the recovery period, the complaint will be taken to the production and reviewed by the General rules.
Is the advice useful?
Search