Appeal: what is it? Correctly lodge an appellate complaint

After judgments of the first instances, people face the notion of "appeal". What is this? How to properly file an appeal? In what terms? All this will be discussed in the article.

Appeal - what is it? When can I apply?

The words "appeal" legal dictionaries explain as one of the forms of appeal decisions.

Until 2012, a civil appeal was submitted only for the decision of the magistrates in the district. Today the situation is different. Now the appeal is the second instance of litigation.

So, appeal, what is it? This is the second, but the last instance, which examines the case on the merits. Higher courts (cassation and supervision) no longer pay any attention to the arguments and evidence. Therefore, after the decision, for example, of district courts, it is necessary to approach the appeal with serious responsibility.

Who reviews the complaint

If the verdict was handed down by the district court, then it is necessary to file a complaint in the regional court. Repeal illegal decisions of justices of the peace called regional. There is a category of cases that are considered by higher courts at once. We will not focus on them. This is a very special circle of cases. It mainly concerns high-ranking people, as well as the category of cases with the status of "especially important". The only thing, let's say, that even the College of the Supreme Court can act as the first instance. In such cases, it becomes procedural in line with the ordinary world court of a territorial section.

Timing of submission

Until 2012, appeals against court decisions were filed within ten days. This led to serious problems, since the judges often did not have time to make motivated decisions on time. The applicant had to defend the right to file through the restoration of the terms. After 2012, everything has changed. Both the civil and the arbitration processes have a single term of one month.

Where to submit

An appeal against a court decision is filed in the court where it was rendered. Of course, you can apply directly to the appellate instance, but it will most likely not be accepted. However, it should be noted that the Supreme Court of the Russian Federation indicated that if the applicant sent the complaint directly to the appellate instance, this should not be grounds for the case to be returned to the applicant. In this case, the courts must agree additional procedures for the transfer of the complaint to the first instance, after which it again returns to the second. However, this time, along with the case materials.

Appeal Options

What can appeal: decisions of lower courts can be reversed or changed. It should be noted that there should be no return to a new trial. This "privilege" was canceled after 2012. In addition, the court for appeal should be held in any case. In contrast, for example, from the cassation, which has no such obligation.

What is the difference between the appellate instance and the first

An appeal in court examines the case on the merits. However, here is one main feature - the case is examined according to the materials that were the basis of the decision of the first instance. In other words, after the district court it will not be possible to request a number of other evidences in the appellate review, which were not declared at the first examination. However, there are exceptions to the rules:

• Evidence that was rejected by the first instance. It will be necessary to argue how they affect the dispute under consideration.
• Materials that could not be requested earlier for various reasons.
• Testimony of witnesses who, due to circumstances, could not be interviewed in the court of first instance.

Thus, it can be concluded that the appeal in court, though, deals with the merits, but imposes a number of restrictions, compared with the first instance.

What is a motivated decision of the court and how does it affect the time for filing an appeal

The deadline for filing a complaint is one month. Counting is not from the day when the court took place, but from getting a valid decision on your hands. It is called motivated. It is not necessary to confuse it with the resolutive, in which only the information "satisfy-refuse" is contained. Judges must make both decisions at once. However, in practice this is not always the case. Therefore, legislators gave 5 days for its manufacture. In practice, there are cases when people wait months motivated decision of the court. For this reason, the time limit for filing an appeal was tied to it, so that there was no artificial delay, in order to prevent a complaint with disagreement.

It is important to know

In preparing the complaint, the following points should be borne in mind:

• The appeal examines the application only on the basis of the reasons stated.
• The requirements must be the same as in the statement of claim. Otherwise, the complaint will not be accepted.
• Only a part of the court decision can be appealed.

Order of consideration

The court of appellate instance examines the case collegially. One of the judges begins the report, which reflects:

• The circumstances of the case.
• Decisions of the first instance.
• Arguments, complaints, objections to them.
• Applications for the inclusion of new materials with explanations.
• Messages of other data that may affect the course of the case.

After this, the parties take turns to take turns, the court examines the case materials. Then the parties speak in the debate, after which a verdict is issued. It is important to know that after the appeal the decision of the first instance, if it is preserved, becomes valid. This also applies to the new ruling of the appellate court.

The result

So, we have analyzed what the appeal is, what it is, where to file, etc. The most important thing is that it is always necessary to assert one's rights if they are violated. We hope that our article gave an idea of what an appeal is. As they say, warned, so armed.