- - the decision of the court;
- - data of the persons participating in the case;
- - The civil code.
Advice 2: How to write an appeal
Advice 3: As 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.
Advice 4: How to appeal
1. if during the exam had violated the established order of carrying out of examination;
2. if you do not agree with the results of the exam.
In the first case you need the day of the exam after passing the forms to withdrawal from educational institutions to ask the organizer of the exam in a special form to write your appeal. Make your complaint arbitrarily in two copies and give consideration to the Chairman of the certification Commission. He must sign your appeal and a copy of the complaint to give you.
The term of consideration of such complaints is 3 days, after which it either satisfies or rejects. In the case of satisfaction of the appeal will be assigned to retake.
You have the right to participate in the appeal, so you have to tell where and when this review will take place.
Upon appeal, your complaint will either reject or satisfy. In the second case, you will be exposed to new points.
Advice 5: Where to file the appeal
- - the statement;
- - the decision of the court that you want to appeal;
- - a lawyer who will be right against.
- when submitting new evidence to justify the reason why they were not submitted in the first instance (mention expertise);
- remember that the claim cannot be changed, and to participate in the process can not be brought new faces;
- a counterclaim is also not served.
The cassation appeal should not duplicate the statement of claim. Summarize the rules of law that have been violated previous instances.
Advice 6: How to appeal the exam and increase the rating
The appeal of the exam may be different. So, if a student sees the exam of violation of the order, he may file a technical appeal. It is appropriate in the case of, for example, when someone graduates, not given forms or drafts, misrepresented data, etc. If the student believes that this has prevented him to successfully pass the exam, the appeal – good output.
Need to take a job and then within a couple of hours after the exam to submit to the Commission a complaint. One takes the chair of the Commission, on the other hand give the graduate. Then you create a conflict Commission, which checks. If violations are confirmed, the results of the exam will be revoked, and the Complainant gets a second chance to pass the exam. The delay can be used to prepare for the exam better.
And yet the appeal most likely to occur if a graduate is dissatisfied with the assessment. This can be done within two working days after received the results of the exam. The complaint also have to write in 2 copies issued on Commission letterhead. One remains in Commission, and the other is handed to the student. With this instance he comes to the consideration of the appeal in the exam.
About the time of this review must be notified in advance. To come to the Commission with possible parents, all reviewers must have a passport. But even if you do not are one, the complaint still would consider carefully check all the work.
The answer is given on the same day. Very often it happens that the members of the Commission add a couple of points. But it is not enough in the case of intense struggle for a place in a prestigious University.