As appeal

Appeal in the wide sense of the word – an appeal to higher authority to reconsider the decision of a lower if it's for some objective reason you are not satisfied. Most often this document is used in court practice when the court's decision did not satisfy one or both parties, however, appeal the court's decision may even be a third party who saw in this decision a violation of the law.

When appeal

Chapter 39 of the Civil procedure Code provides for judicial Affairs, an unsatisfied judgement, the ability to appeal to the higher court. Make complaints against judicial decision filed appeals before it will enter into force, so it is important to observe the deadline. If the case was heard in the magistrates court you can appeal be filed within 10 days after the magistrate issued a final decision, in other cases you should submit it within one month, unless otherwise stipulated by law. Request to reconsider the decision may relate to only some parts of it. Appeal, unlike a court order, may be filed and the judgment rendered in absentia.

Where to appeal

If the case is decided in magistrate court, the appeal must be submitted to the district court. When you are not satisfied with the result of court cases in the district court, the complaint must be filed in the Supreme court of the Republic, Autonomous region, and also you can contact with her in the regional, provincial or city court. In turn, the legitimacy of the decisions of these courts consider the judicial Board on civil or administrative cases of the Supreme Court. The most recent, highest stage that you can appeal is the appellate division of the Supreme Court of the Russian Federation.

The appeals procedure requires that it was filed through the court which made the decision on your case. Compliance with existing formalities and legal procedures regulating the appeal.

How to write an appeal

The content and structure of this document is regulated in article 322 of the code of civil procedure of the Russian Federation. In accordance with it, in the address part of the document must specify the name of the high court to which you address your complaint and full details about you: surname, name and patronymic, passport data, address of permanent residence and residence.

The text of the appeal must provide full details of your business – its name and number, date of issuance, the name of the judge who took the decision. In the main part of the appeal will state the nature of the complaint, write what, in your opinion, is the wrong decision, give your arguments, references to materials of the case and the new evidence, if they appeared. Formulate my request given the specific powers possessed by a court of higher appeal instance.

Give the list of documents that you use as application and sign the appeal, putting the current date. Note that the text of the appeal and its annexes must be provided with copies for all interested parties.

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