Appealing a court decision in a civil case is a process aimed at repealing or changing an earlier adopted act. The requirements for the complaint, the revision procedure are set out in the procedural codes.
About what to ask?
All court actions are made out either by definitions,or solutions. The first category of acts deals with interim issues, the second - the very essence of the matter. The decision is the final judicial act adopted in the case. The law gives the right to ask for the cancellation of both an intermediate definition and a final decision.
It should be noted that in a number of cases the finalThe decision of the court also takes the form of a ruling. Basically, these are cases of special production. Those acts that do not affect the rights of citizens from the point of view of the legislator, for example, the decision to open a case, are not appealed. The codes mention what is allowed to file complaints, but what not.
Cancel the decision in absentia
Absentiary decision is made in the absence of the defendant. Some conditions are mandatory:
- Proof of receipt of subpoenas and copies of the claim.
- There is no request to postpone the hearing. At the same time, there are no valid reasons for the absence of a defendant.
- The plaintiff agrees to a decision in absentia.
- At the meeting, the plaintiff did not supplement or change his demands and the grounds for the claim.
Appeal of a court decision in a civil case inThis case is very specific. The second party, having familiarized with the decision, has the right to ask its cancellation from the same judge within 7 days after receipt of the papers. The statement justifies the absence of respect at the meeting. Also, evidence is provided that could, in the opinion of the party, influence the decision. After the end of the week's deadline for the annulment of the absentee decision, the time for the appeal is counted. An application for cancellation is filed once. The second time to write it will not work anymore - the law forbids it.
Appeal production system
The appeal of the court decision in the civil case is organized as follows:
- District courts on the decisions of justices of the peace.
- Republican, regional, city departments (cities of federal significance).
- District (naval) courts on the decisions and definitions of garrison vessels.
The third category includes institutions,considering the cases concerning the system of the Armed Forces, as well as military personnel. They consider a lot of civil cases: disputes about pensions, housing, payments in connection with the passage of service, etc. In a word, these are disputes that do not deal with the so-called civil court. The system for examining cases is organized equally in military and civil courts. The former are only less loaded. And the time spent on processes is much less.
Cassation and supervisory instance, the role of the Constitutional Court and the ECHR
We talked about the appellate courts.At the same time, the cassation instance is represented by republican, regional, city courts (cities of federal significance). Special commissions - presidiums of courts - work on similar complaints. Then comes the supervisory instance - located in the RF Armed Forces. If the judge refused to open the proceedings, the right to complain to the Chairman is given. And he or his deputies have the right to cancel the refusal to open a supervisory process.
Cancellation of the court decision directlyis provided by the listed instances. The Constitutional Court interprets the laws and assesses their compliance with the Basic Law in a case considered by all other courts. The decision of the Constitutional Court on the complaint (both positive and negative, too) may be grounds for revising the RF Armed Forces as earlier adopted acts in the case, which served as the reason for the complaint to the Constitutional Court, and other similar acts. The Constitutional Court directly does not abolish judicial decisions.
The ECtHR decides whetherviolation of the Convention on Human Rights in the course of the trial by national courts. It is not within its competence to make a decision on the merits. A positive decision of this court may also be the reason for the revision of judicial acts in the system of national courts.
Why is there no point in complaining to the CCS and other bodies?
The cancellation of a court decision is a prerogative onlyhigher judicial instance. No other authorities have the right to deal with these issues or to somehow influence them. On the website of the President of the Russian Federation, for example, it is expressly stated that he does not interfere with the judicial system. Civil court or military - it does not matter.
People often complain about decisions in the CCA -qualification commissions. However, they are engaged in disciplinary matters. For example, it makes sense for the commission to complain about the delay in the process on the part of the judge, his incorrect behavior. If you touch on the application of the law, its interpretation, the complaint will not even be considered. Incorrect application of the law may serve as a reason for punishment, provided that the act confirms this by a higher authority. Until the court decision is rescinded, it is considered legal, and it can not be punished for it.
In order to prevent overloading the systemlegal proceedings and public relations, complaints are allowed to be submitted within a limited time. It is submitted to the final decision within a month, for interim or determination - in the period of 15 days from the day when the court makes a decision. This applies to the appellate instance. The cassation is given 6 months, for supervision - 3.
In all cases, the time is counted from the nextday, when the decision was made. The exception is the absence of the party in the meeting. If the decision is taken in the first instance, then the time for this party to appeal is counted from the day the documents are received by mail.
What is the basis for the complaint?
Public relations are regulatedlegislation. The judge is obliged in the dispute or during the examination of the application, if there is no dispute, to apply the appropriate normative acts. Interpretation should also comply with the generally accepted understanding of the law. The interpretation is provided by the Constitutional and Supreme Courts. The former deals with the interpretation of laws in the light of the Constitution. The second produces a generalization of the application of laws and acts having a subordinate nature.
An interpretation of a more general nature is contained inRegulations of the Plenums of the RF Armed Forces. In addition, quarterly reviews of practice on specific cases are issued. They describe typical cases, to which it is reasonable to refer in claims and complaints. When writing a complaint, it is desirable to quote the legislation itself. Similarly, a written statement to a court is more difficult to reject. At the same time, it is not worth repeating or writing unnecessary things in documents to the court.
General requirements for complaints
Legal practice shows that complaintsare compiled according to the same scheme. The problem is always in the argumentation and the correct understanding of the legislation. What should the complaint contain? It should include the following components:
- The name of the court where she goes.
- Information about the parties (name, address, name and address, if this is an organization).
- Number, date of decision or decision.
- To the cassation or supervisory complaints, the complaint to the Chairman of the Armed Forces of the Russian Federation must be enclosed copies of earlier decisions on the case with wet seals.
- Reasons, grounds for considering earlier decisions to be illegal. For example, ignoring facts, circumstances, legislative acts, refusing to accept evidence, their misinterpretation.
- Application in the form of transfer of documents attached to the complaint.
- Receipt for payment of state duty.
- Signature of the author of the application, a copy of the power of attorney, if the author is a representative.
- Date of application. It must correspond to the day the papers are delivered to the post office or to the office of the court.
The number of copies of documents must correspond to the number of parties in the case. One set is provided to the court.
For what reasons are the complaints rejected?
Despite the detailed regulation of the judicialprocess, an abundance of explanations on the application of legislation, errors are present in every case. However, not each of them is considered a reason for the cancellation of a previously adopted judicial act. Agree with the complaint or not, depends on the seriousness of the mistakes made: could they influence the court's decision on the suit or not. The CPC repeats several times the rule on the inadmissibility of the cancellation of the substantive judicial act. But even this does not save a number of errors when it comes to the following points:
- Violation of the secrecy of the advisory room.
- The participant of the case was not sent a summons. There is no information in the materials that he received it or refused to accept it.
- Illegal refusal to accept evidence affecting the outcome of a dispute.
Practice has developed many campaigns. Both experienced representatives and judges use them. It so happened that it is easier to achieve cancellation due to violation of the norms of the process than the substantive law. This is a common reason, when, in fact, the lawful decision of the court is canceled. The reasons for this are difficult to explain. But nevertheless so happens. Yes, and the violation of articles of the procedural code, seen by a higher authority, often serves as the basis for applying sanctions to the intruding judge.
Changing the solution
The higher court has broad powers on the decisions taken earlier:
- Cancellation and termination of the case.
- Adoption of a new judicial act and the cancellation of all previous ones.
- Return to the force of one of the acts adopted earlier, but then canceled.
- Change of the court decision in part.
For example, there are errors in the motivationparts. The judge made the right decision, misinterpreting the law. And the higher authority changes several lines, leaving the result untouched. This happens with claims with several claims or in financial disputes, when they changed the amount of the recovered amount or changed the decision on one of the requirements.
For example, the Court of Appeal agreedEviction of not all residents of the house, but only one defendant. Applying to the court with a complaint sometimes leads to unexpected results. In the Supreme Court of the Russian Federation, of those cases on which proceedings are open, a decision is made to send them for review to the first or appellate instance. Rarely, when the Supreme Council, having canceled all decisions taken, issues a new final act.
To whom to apply for help?
People do not sometimes get to solve their problems byone reason is the lack of knowledge. It does not matter whether the decision of the administrative court or another one should be appealed against. What should I pay attention to when choosing a lawyer? First of all these are the following factors:
- Reputation of a person, his conscientiousness.
- Experience in a specific category of cases. You can not simultaneously understand well in everything. For example, there are specialists in disputes about eviction, repayment of debts, hereditary matters, etc.
- Guarantee of the result - a good lawyer will never say that there is no doubt about the win. They are present in all processes without exceptions.
Do not change the lawyer after each meetingor the stage of appeal. To study the materials of the case, the clarification of all the nuances takes a long time. A specialist who initially deals with a particular case, it is easier to decide how to proceed. Replacement is necessary if the due time is not given to the case, to the client, the lawyer can not explain the legislation.
Thus, the appeal of a court decision oncivil case - a long, multi-stage process. It requires knowledge of the circumstances of the case affecting its legislation, as well as the norms of the process. Even a small mistake can be fatal, depriving them of the opportunity to cancel an obviously unlawful decision.