If the court decision has not yet entered into legal force, then the accused has the right to appeal it on appeal, in accordance with the current legislation, however, in the process of drawing up your claims, you need to take into account a lot of features, and also use them as databases of correct samples of appeals in civil cases.
In other words, if for some reason the court’s decision does not suit you and you consider it to be inconsistent with the laws, unreasonable and, accordingly, subject to cancellation, then you have every right to appeal it.
Who can do this?
Using samples of appeals in civil cases, the parties and other people taking part in litigation can draw up a list of requirements. At the same time, the right to make this presentation belongs to the prosecutor in charge of this case, and also the right to file a complaint has those persons who were not initially involved in participation in the case, and the issue of whose duties and rights was resolved in court.
It is quite natural that a person who is not well versed in various legal intricacies cannot take into account all the features of court proceedings and, accordingly, experiences certain difficulties when drawing up an appeal, so it is best to seek help from a professional lawyer. It happens that some people decide to submit a document on their own, using the sample for filling out an appeal in a civil case. But you need to correctly understand that here you will have to remember all the subtleties and features.
Who is considering?
Using samples of appeals in civil cases, you need to correctly understand who can consider them, namely:
- district court;
- supreme court and regional court;
- the judicial panel of the Armed Forces of the Russian Federation, which deals with civil cases;
- the appeal board of the Armed Forces of the Russian Federation, if we are talking about the decision of the Armed Forces of the Russian Federation.
Consider the subtleties
It is to these institutions that you need to go to submit your own requirements for consideration. At the same time, it is important to fill out all the papers using samples of appeals in civil cases, since there may be a fairly large queue during the review process, and even minor errors in some situations may be perceived as a reason for rejecting the consideration of your issue.
When can I submit?
It is quite natural that such a submission can only be made if there are certain grounds for this; they need to be properly justified. It is for this reason that even when filing a short appeal in a civil case (sample below), you need to understand when it is really relevant. In particular, several situations are worth noting:
- the court considered cases in an illegal composition;
- the case was considered in the absence of a certain person who was supposed to take part in it, but was not properly notified of the time and place of the meeting;
- there were violations of the existing rules on the language intended for judicial proceedings;
- the court made a decision on the duties and rights of people not involved in this case;
- the judge or other authorized person did not sign the final decision or it was satisfied by unauthorized persons who were not initially included in the hearing;
- when solving the problem, there was no protocol containing information about the conduct of the court hearing;
- the rule on the secrecy of the judge's deliberations during the adoption of the final result was violated.
If the decision made is correct on the merits, then it cannot be set aside if only formal considerations are present. In this regard, even a short appeal in a civil case (sample below) should be drawn up only if there are compelling reasons.
What should the presentation contain?
The appeal must include the following information:
- name of the court to which the submission is made;
- the name of a specific person who is filing an appeal in a civil case, as well as his place of residence;
- an indication of the specific court decision that is subject to appeal;
- the demands of the plaintiff or the authorized prosecutor bringing the submission in question, as well as all possible reasons why they consider the decision made by the court to be incorrect;
- list of documents that were attached to the submission.
It is worth noting that both the plaintiff’s document and the defendant’s sample appeal in a civil case cannot contain demands that were not stated when the problem was considered by the court of first instance.
Features to consider
Providing a reference from the person filing this complaint, or a specific prosecutor providing an appeal presentation, to any new evidence found that was not presented during the initial consideration of the case is allowed only if the complaint contains justification that this evidence is not could be presented in the court of first instance.
Any, even a preliminary appeal in a civil case (a sample is presented), can be signed either by the person filing it or by an authorized representative. Moreover, in the latter case, a special power of attorney or some other document must be attached that allows you to certify the authority of the representative, if it is not discussed in the case under consideration.
The appeal submission must be signed by the prosecutor, while the appeal must be accompanied by a document confirming full payment of the state fee (if any).
What is the result?
After the court has received the complaint, as well as, possibly, a sample objection to the appeal in a civil case, it considers this documentation. Ultimately, he has the right:
- not to make any changes to the decision of the court of first instance, that is, the presentation or appeal remains unsatisfied;
- the decision of the court of first instance is canceled partially or completely, or a completely new decision is made in the case;
- the decision of the court of first instance is partially or completely canceled, as well as completely terminated the paperwork, or the application itself is left partially or completely without consideration;
- leave the submission or the received sample of the appeal in a civil case without consideration on the merits in the event that the complaint is filed after the expiration of the appeal period or a solution to the issue of further restoration of this period has not been reached.
You need to be prepared for any of these decisions when filing such an appeal. It is worth noting that if a decision has not yet been made, you can withdraw an appeal in a civil case, a sample of which was previously submitted to the court.
When can a decision be reversed?
It is quite natural that a court decision can be canceled or changed only if there are compelling reasons for this, which are:
- incorrect determination of the circumstances that are significant for this case;
- the court was unable to prove established circumstances relevant to the case;
- the court's conclusions set out in the decision-making process do not correspond to the existing circumstances of the case;
- when considering this problem, any legal norms were violated or incorrectly applied.
It is worth noting that after a standard or short appeal in a civil case has been considered (sample below), the court’s ruling automatically comes into force immediately after the decision is made.
Correct composition
Before directly writing a complaint, you should decide which specific court you are going to address it to. If the court that made the decision is located, for example, in the Moscow region, then in this case you must submit your complaint to the Judicial Collegium, which deals with problematic issues of the regional court. If we are talking about the district court of the city of Moscow, then in this case the complaint should be filed with the Judicial Collegium of the Moscow City Court.
At the same time, be sure to pay attention to the fact that the addressee of the complaint must indicate exactly the above-mentioned institutions, but the document itself must be sent directly to the court whose decision you are appealing, and subsequently it will forward it along with the civil case under consideration.
In the upper right corner the name of the appellate instance, as well as the court institution to which you are filing a complaint, is indicated. In the appeal, it is also necessary to write from whom exactly the document is being submitted, including full name, telephone number and address, as well as the procedural position of this person (defendant, plaintiff or third party). After this, all persons participating in the case should be listed, indicating their addresses and full names.
After the header of this document has been completed, the name “Appeal” is indicated in the center of the sheet.
Filling the base
Under the title of the document, you must indicate which specific court decision it is based on, as well as on what date this document is being submitted. The presentation of the complaint begins from the end of the story, namely, what specific decision the court made and in whose favor, as well as what the essence of this consideration is. After this, you can move on to a detailed description of the problem for which the appeal to the court was initiated.
How should it be compiled?
The complaint must be presented in such a way that it contains a detailed analysis of the court’s decision from the point of view of the court’s violation of legal norms. In this document, you also need to pay attention to the court's examination of the evidence that you presented, including an explanation of whether the court gave it a proper assessment.
If we talk about what constitutes incorrect use of substantive law, this includes:
- failure to apply a particular law that should have been applied;
- the application of a particular law that should not have been applied;
- incorrect interpretation of a certain law.
If the rules of procedural law were violated or incorrectly used, this fact is a direct basis for the appellate court to ultimately change or completely cancel the decision, but such a decision is made only if this violation became or could be the reason that the authority made an incorrect decision.
Application
In addition, the appeal must be submitted with an attachment. The application consists of provided copies of the main document (depending on the number of persons participating in this case) and a receipt confirming payment of the state fee. You can also attach a lot of other documents to the complaint, if previously you did not have the opportunity to attach them to the rest of the materials of the civil case.
Features of filing with the European Court
If you plan to file an appeal to the European Court, which deals with issues of human rights, then in this situation the appeal must also contain references to various articles of the relevant convention. If this link is not provided, then your complaint will be considered incorrect.
Ultimately, after drawing up the complaint, you need to sign and indicate the date of preparation.
If you are not confident in your abilities or cannot fill out this document correctly, it is best to contact specialists who understand this issue and will help solve this problem.