Appeal against the decision of a magistrate: time and order

Russian legislation allows you to reconsider the decision made by a justice of the peace. This procedure, provided by law, is an additional tool in protecting the rights and interests of the parties to the trial. Also, this rule allows you to monitor the correctness of the decisions (judgments) of the world court, the competence and the level of its professionalism. When protecting their rights, a person must know where and in what time frame to apply. In addition, it is necessary to properly form an appeal against the decision of the magistrate. An example of the appeal will be presented in the article.

Who can file a complaint?

Have the right to:

• One of the parties to the case reviewed by the court;
• Other citizens in the court case;
• Persons who, although they did not take part in the case, but the court settled the issue concerning their rights and obligations.

The above subjects, in accordance with the law, are entitled to appeal against the decision of a magistrate for review by a competent higher authority in the appellate procedure. The protest is filed through the link of the system, the verdict of which the authorized person does not agree.

It is possible to appeal the decision of the magistrate in full, and in a certain part. The reason for the protest is the violation of the legal procedure established by law, as well as the moment of violation of the law. In practice, there are cases when the magistrate makes a decision on the administrative case, imposing a fine, although the 3-month period established by law for the imposition of a fine has expired. In this case, you can cancel the assigned punishment.

Timeframes for appealing judgments of justices of the peace

After the verdict on the case is announced, the law gives five days to finalize it legally. As a rule, at the time of announcement of the decision, only the conclusions of the court are drawn up - the resolution part. But for the transfer of the case to the office should be drawn and the reasoning part. From the day following the day of the end of the proceedings, a 30-day period begins for a possible filing of a petition for review of the case. However, if the justice official indicates a different date for the final decision, then the time period changes.

Thus, to file an appellate appeal against the decision of the justice of the peace immediately after the verdict is issued, when only the operative part is drawn up, it is impossible. It is necessary to wait, when in 5-day term the document will be definitively ready and the motivating part is made out.

So, for revision of civil cases there is a 30-day deadline for the decision in full. For a different category of cases, another period is envisaged. So, for administrative cases, the law allocates 10 days to appeal against the decision of a magistrate.

Difference in the timing of the category of cases

As established by the code of court rules, from the day the district court accepts an appeal , he is obliged to review it and take his decision within two months. These terms are the same for civil cases, and for cases of administrative violation. If an appeal against a decision of a magistrate is filed in a criminal case, the time for filing a protest is 10 days. The district body is obliged to accept and consider the verdict in the case no later than 15 days from the date of receipt of the appeal.

In case the final day of the term falls on a weekend or a holiday, then the end of the term is postponed to the next day.

Restoration of the term for filing an appeal

If the empowered person misses the moment of filing a protest, you can file it later. However, to restore the deadline you need valid reasons. Quite often there are examples where the possibility of filing a complaint was missed through the fault of the mail, which rather late delivered a copy of the court decision to the addressee. At the same time, the postal envelope, on which the date of receipt is indicated, will be evidence of a valid reason for restoring the time limit for appealing the decision of the magistrate. As good reasons can also be taken into account: stay in a long-term business trip, force majeure, illness of a person who has the right to appeal. When applying to the court for the restoration of the term, such persons must submit documentary evidence.

How does the appeal take place?

The law strictly limits the content of the appellate complaint by indicating that it is impossible to include in it other or additional requirements that are different from those that were originally claimed in the statement of claim to the world court. If new evidence reinforces the application, they will be lawful only if justified in the complaint as to why they were not known when considering the claim in the court of first instance.

The procedure for appealing the decision of a magistrate is clearly regulated and contains a certain list of necessary actions to draw up a protest.

The content of the appeal

The request for review of the case must comply with the following requirements:

1. A clear and correct indication of the district court to which the complaint is addressed. Full details of the person who appeals against the verdict: name, residence or place of permanent residence, and also specifies the judicial act subject to revision (number, date and its essence).
2. The next stage is the enumeration of all the facts that indicate the reasons for appealing the judgment (arguments). On their basis, the evidential base will be built on the part of the person appealing the verdict (for example, possible procedural or material errors in the judicial conclusions and the motivating part). This will help to link to the legal framework. The resolution part of the complaint should contain the essence of the application for review of the decision by the district court.
3. In the end, all the documents attached to the complaint, which are its application, are to be listed and are intended to confirm all the arguments of the person filing the complaint.
4. In conclusion, all possible documents are attached, confirming the legality of the request for review of the case and the court decision, respectively. They will serve as evidence - direct or indirect. A copy of the appealed judgment is enclosed here.

Appeal against the decision of the magistrate: a sample appeal

B (it indicates to which court the complaint is sent).
From: (full name of the applicant with the address).

Appeal complaint

To the decision of the magistrate (the number of the case examined and its exact date).

At the very beginning of the narrative, it is indicated who and when the decision was made, in which case, from whom and to whom the claim was filed (name of the parties), what requirements were contained in it.

Further, it should be noted how essentially the magistrate allowed the claims of the plaintiff.

Specify the specific points of the decision that do not suit the party to the trial, and why, in the applicant's opinion, the decision is unreasonable and unlawful (it is possible to refer to evidence that has not been investigated or circumstances examined).

In the part of the demand, after the word "I ask", the applicant must specify specifically what he is complaining about. In Article 328 of the Code of Civil Procedure all requirements are clearly indicated by law, it is best to proceed from the wording stated in this legal act.

Further, the application is indicated, that is, the documents and their copies, submitted together with the appeal, are listed.

At the end, the date and signature of the applicant are put.

For consideration of a complaint by the appellate instance, it is necessary to pay a state fee. The receipt is attached to the complaint. However, the Tax Code of the Russian Federation (Article 333.36) lists the persons who are exempted from paying it. This requirement was introduced for the reason that there are cases when a complaint is filed with its obvious illegitimacy.

If the decision of the world court, in the absence of valid reasons, misses the deadline for protest, it is still valid, it can be submitted to the court of cassation.

How to appeal against a decision in absentia?

In the same way and at the same time, as a solution in the course of ordinary judicial proceedings. But the appeal of the absentee decision of a world judge differs from its repeal. If a person wishes to annul a verdict made in that order, he should apply within 7 days to the body that considered the case with the relevant request and evidence confirming the impossibility of being present at the trial.