Advice 1: What documents are needed for the appeal

The court ruled in your favor, and you do not like? So, it's time to collect the documents and submit the appeal until the court decision has not entered into force.
what documents are needed for the appeal
You will need
  • - actually the appeal (to);
  • - a copy of the contested decision (definition);
  • - documents confirming payment of the state fee in the prescribed manner and the amount (receipt from Bank) or the right to receive benefits under the payment of state duty (see article 333.35 and 333.39 Tax code) or a petition for deferral, installment payment or about reduction of the size of the state duty;
  • - the document confirming a direction (check with Mail of Russia about sending you registered letters) or presentation (receipt on delivery) other persons participating in business, copies of the appeal complaint and documents which at them are absent.
  • - a power of attorney or other document confirming the authority to sign the appeal (for lawyers and other persons representing his interests in court).
Instruction
1
The appeal must specify:
- the name of the court that rendered the appealed decision, the case number and the date of the decision in final form, the subject of the dispute;
- the name of the person filing the complaint and other persons involved in the case;
- requirements of the person filing the complaint and the grounds on which the person filing the complaint, will appeal against the decision with reference to laws, other normative legal acts, circumstances of the case and the available evidence in the case;
- list attached to the appeal documents.
2
To the appeal please attach the following documents (do not forget to include them in the list appended to the complaint documents):
- a copy of the contested decision (definition);
- documents confirming payment of the state fee in the prescribed manner and the amount (receipt from Bank) or the right to receive benefits under the payment of state duty (see article 333.35 and 333.39 Tax code) or a petition for deferral, installment payment or about reduction of the size of the state duty;
- the document confirming a direction (check with Mail of Russia about sending you registered letters) or presentation (receipt on delivery) other persons participating in business, copies of the appeal complaint and documents which at them are absent.
- a power of attorney or other document confirming the authority to sign the appeal (for lawyers and other persons representing his interests in court).
3
If you are engaged in litigation on their own, go to the court of first instance, which ruled on your case, and handed to the Secretary that judge who heard your case, appeal or send it by registered letter addressed to the court which issued the decision.
Note
Find out in court what the deadline is for your category of cases for appeal. Otherwise, your work may be in vain, since the court's decision will come into force.

Advice 2 : How to write an appeal

At the time of entrance or certification exams not everything goes smoothly. If you are sure that you are not deservedly reduced scores or there was a violation of the test procedure, you can feel free to file an appeal.
How to write an appeal
Instruction
1
An appeal is a written statement of the applicant or graduate of the violation of the procedure of the exam, which led to exhibited unfair assessment. During the appeal, verified by how adequately to assess the applicant's answers. Many people think that the appeal gives you the opportunity to fix something or finish. In fact, the appeal is not re-examination, but it is the right of everyone entering.
2
For filing an appeal should come before the appeals Commission within the deadline. They need to write a statement of disagreement with the results of the exam and then attend the examination. To appeal, the applicant must personally. To attend the consideration of the application can also parents (or guardians) if the applicant is under 18 years of age. When writing an application, you must have a passport and an examination leaf.
3
The appeals Commission consists of teachers of various specialties relevant to the examination subject. During the verification the appeals Board considers the errors coming, explains them to him. If student work has been assessed correctly, the claim of the applicant rejected. Otherwise, change the score for the work. However, it can be both above and below the initially displayed.
4
If the graduate school does not agree with the results of the exam, his work examines the mediation of the region, which is home to the future student. The Commission considers appeals of not only the results of the exam, but by order of the meeting. In the latter case, it is served immediately after the exam. For this subject you need to write an application in two copies, one of them transfer to the representative of the certification Commission, which is the conclusion and transmits it to the conflict Committee of the region.
5
If a conflict Commission when reviewing the case found the facts described in the statement, the results of the work of the graduate will be void, and he is assigned to retaking the exam. Appeal of exam results is also a conflict Commission. The procedure is the same as in the appellate Committee of the University.

Advice 3 : How to make an appeal

Whatever the court's decision, it is still one of the parties will be unhappy with it. And if you think that the decision is not in your favor unfair and unjustified, you have the opportunity to appeal against it in higher instance. For this it is necessary to properly prepare and file an appeal.
How to make an appeal
You will need
  • - the decision of the court;
  • - data of the persons participating in the case;
  • - The civil code.
Instruction
1
Specify in the appeal the following information: name of the arbitration court in which it is filed; the name of the person who submits the appealand all persons participating in the case; the name of the arbitration court, which adopted the contested decision.
2
Write the case number and date of adoption decision. Also, the appeal must contain the subject of the dispute.
3
List all requirements that are available to the person filing the complaint and the grounds for which should be appealed the decision. This paragraph should contain references to laws and other normative legal acts.
4
Please describe in detail the circumstances of the case and the evidence related thereto.
5
Write a list of the documents attached to the complaint. Can also specify phone numbers, Fax numbers, email addresses, and other data that may be necessary or useful in the handling of your case.
6
Send a registered letter with a notification to other participants of the case a copy of the appeal with attached documents, which they may be absent. Or hand all the documents to them personally on receipt.
7
Attach to the appeal the following documents: a copy of the contested decision; receipt of payment of the state fee or the petition is a confirmation of the granting of deferment of payment; the document confirming that others involved in the case, was received a copy of the appeal and supporting documents; power of attorney confirming the right of signature appeal.
8
Submit the appeal no later than one month after the decision of arbitration court of first instance. If this deadline is missed, you can submit an application for its restoration to the arbitration court of appeal. The decision can be positive, subject to the submission of the application no later than six months from the date of the contested decision and if there is a valid reason for missing the deadline.
9
Direct appealsigned by the person who filed the complaint, or his official representative, made the decision at first instance arbitration court. This court in turn should pass the document along to the case to the arbitration court of appeal instance not later than three days from the date of its receipt.

Advice 4 : How to write an appeal to the court

The decision of the court, have not entered into legal force may be appealed within ten days from the date of its adoption. This can be done in an administrative or judicial procedure.Appeal in administrative procedure does not exclude the right to appeal to court with the same question.
How to write an appeal to the court
Instruction
1
Start drafting complaint details: name of the authority that sent the document with your personal data. In the case of administrative contestation against the resolution to bringing him to a person designated to handle complaints or parent the head of the administrative body. Directing the complaint to the court, provide the name of the courtin which it is sent, the name of the claimant and defendant with their addresses and an indication of the decision of the courtwhich has been appealed.
2
In the center of the page write the word "Complaint", then clearly and consistently state the objections, and explain what specifically in the decision of the court you do not agree. Invite, if possible, your way out of the dispute.
3
Attach to your complaint a copy of the decision that you want to dispute and the evidence supporting the falsity of the decision. If you hold no evidence, but you just know that they exist, but are in a place available to you, solicit their recovery.
4
Complete your complaint requesting the annulment of unlawful decisions and the restoration of your rights. Sign the complaint, his signature and enter the current date. If the document is signed by a representative, it must be accompanied by a power of attorney confirming his authority.
5
Attach to the complaint a copy of the payment receipt of state duty.
6
If the complaint is submitted with violation of the deadline, specify the valid reasons for delay and apply the restoration period.
Note
There are two types of complaints about decisions, not entered into force: appeal and cassation. The appeal is served on the magistrates. It should be addressed to the district court, but to apply to the magistrate who issued them did not accept your solution.
The decisions of all other courts, adopted in the first instance, served a cassation appeal.

Advice 5 : 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.
As appeal

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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