LawState and Law

Appeal against the decision of the District Court

The appeal of the decision of the district court in civil and criminal cases within its competence is conducted as follows:

- since this court considers the decision of the justices of the peace with the reservation that their decisions have not taken legal force. The decision of this court is valid immediately after its adoption, and the opportunity to appeal its decision can be implemented only in the court of supervisory instances and in cassation;

- the appeal of the decision of the district court has the right to initiate the employees of the prosecutor's office and other participants (parties) of the trial through filing a complaint with a higher authority. In relation to this topic, a court of the RF object is considered to be a higher authority;

- The complaint (cassation) must comply with all legal requirements, otherwise it will not be accepted, or immediately returned to the submitter;

- this complaint is submitted along with the applicant's personal signature, in the text it is laid out the grounds that provoked the appeal of the decision of the district court. The grounds are supported by references to legislative, relevant acts. The demands made in the content of the complaint are the repeal of the court order and the restoration of personal freedoms and civil rights;

- this complaint is filed with the district court that accepted the decision appealed. Then it is redirected to a higher judicial authority. At the time of filing a complaint against the decision of the district court, a copy of it is provided to all participants of the process personally under receipt or by registered mail with a notice. These documents on receipt of copies of the complaint are attached;

- new evidence in the next case can not be presented. Exception: objective reasons did not provide an opportunity to present evidence in the district court.

How to appeal the decision of the district court in the order of supervision is stipulated by articles 391.1 and 391.2 of articles, the Code of the Russian Federation (civil procedure), that is, after it is considered by the cassation instance judge (3 months after the decisions took effect). The Presidium of the Supreme Court of the Russian Federation, on the basis of the complaints of the persons participating in the case, and other persons, if their legitimate rights are infringed upon by interests and freedom by these decisions of the court, are reviewed in order of supervision.

But how to appeal the decision of the district court after the decision of the Presidium of the RF Armed Forces has entered into legal force no one will tell, since on the basis of relevant legal acts this decision can not be appealed.

Appeal against decisions of bailiffs:

- applications for appealing decisions of court bailiffs may be submitted by interested persons, for example, as parties to enforcement proceedings, persons in respect of which there has been a violation of legal rights;

- The complaint must include: the name and address of the applicant. Also, the culprit of the statement is indicated (bailiff - executor, resolution, action). The reasons and reasons for the complaint, the arguments and facts of the applicant are described;

- a complaint is lodged only within 10 days from the receipt of decisions that are subject to appeal or from the moment when the applicant learned of the commission of an action (inaction);

- the complaint is considered within 10 days from the moment of its submission. An official authorized to consider an application to appeal decisions of bailiffs accepts either complete or partial withdrawal of the impugned decision (lawfulness - unlawfulness, action - inaction). Based on the result of the decision, a decision is made.

In the consideration of complaints are denied in cases where an application to appeal decisions of bailiffs concerns decisions made on fines.

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