Appeal complaint

An appeal to the arbitral tribunal provides for a retrial of the case by the appropriate authority. According to the law, the parties to the process and other persons, if disagreeing, have the right to file an application in the event that the decision has not entered into force. The law also provides for an appeal against the decision of the arbitration court.

In the civil process, the expression of disagreement is allowed on the decisions of the world court. Thus, when considering a case by a city court, an appeal is not provided for.

The application in question is submitted through the body that issued the decision. After receiving the appeal, the appeal shall be sent to the appropriate court within no more than three days.

When submitting an application, a person must know that he has no right to make new demands. The law provides for actions only in the framework of the proceedings in the first instance. In accordance with the general regulatory requirements, an appeal is allowed to be filed within a month from the date of adoption of the appealed decision.

However, in practice there are exceptions. For example, if there is a court decision in the administrative liability case , the period within which an appellate complaint can be filed is reduced to ten days. The same term is also provided for the act passed in respect of the case for challenging the decision on the establishment of administrative responsibility. Ten days are also set for filing a complaint about the imposition of a judicial fine.

Of course, in life there are different cases. In this regard, one can not completely rule out the possibility that the interested party may miss the deadline for filing a petition. Passage is allowed in accordance with objective reasons. In certain cases, the court restores the period in accordance with the petition of the person who filed the appeal. It should be noted that this situation is possible if the applicant's arguments are convincing and justified, and the reason for the omission is valid.

The execution of the appeal should be carried out, observing all the rules of the procedural code. The application, otherwise, will be returned without consideration.

The appeal contains information on the body to which it is submitted, information about the court in which the decision (decision) was taken, information about the participants in the proceedings, the date of adoption, the case number, and the description of the case. The text also specifies the requirements of the citizen, the grounds, according to which he considers the cancellation or modification of the resolution necessary. At the same time, it should be understood that some conclusions, even logical ones, are not enough. The claimant should support the arguments by reference to certain rules of procedural or substantive law. In this case, you can not do without legal assistance.

A copy of the contested decision must be present in the content of the appeal. In addition, a receipt for payment of the fee, a document confirming the sending of the application to other participants in the proceedings, as well as a power of attorney or other document certifying the authority of the person who signed the requirements should be attached to the petition.

Subject to all rules, the court will accept the complaint for consideration within 5 days after the receipt. In this case, a corresponding definition will be made, which will include, among other things, the date and time of the meeting.

If the court finds violations in the form of a complaint or in its content, the case will be left without movement. The request will be returned with a time limit for making corrections to the violations found.