Judges make decisions that affect people's lives every day. Appeal definition - a type of judicial act, adopted at all levels of the justice system. The law makes mandatory requirements for the adoption and execution process.
Judicial System
Definition - an act that addresses issues of an intermediate nature in the proceedings. The final opinion of the judge regarding the validity of the application is expressed in a decision or ruling, depending on what type of proceedings takes place (civil, arbitration, administrative, criminal).
This provision applies to all vessels without exception. As for trials that are at the appeal stage, rulings are made that express the final opinion of the judge or panel.
Appeal definition is a refusal to review the decision, it remains unchanged. Any change to the act of the previous instance is carried out in the form of a decision. Therefore, as soon as the lawyer hears the words “the board decided”, most often this means a loss. However, this is not always the case.
Reasons for writing complaints
Sometimes the court formally refuses the complaint, but the statements set forth in the new document change a lot, the assessment of facts, circumstances, the status of the parties is clarified, which is important in further disputes.
For example, in a dispute about the status of managing organizations, the court designated the status of one of them, which subsequently made it possible to assert their rights and residents of the house. So the appeal determination does not mean automatic loss. The formal and actual reason for filing a statement or claim in practice does not always coincide. The court may directly ask what the real reason for initiating the process is.
Which judge accepts the decision
The appeal ruling is made by the court of second instance:
- city courts of cities of federal significance;
- regional, regional courts;
- Armed Forces of the Republics;
- Armed Forces of the Russian Federation.
The appeals of the district courts reviewing the decisions of the justices of the peace have their own specifics.
The review rules are similar, the only exception is that there are no collegiums and one person is involved in the review. Such an explanation is given in the resolution of the plenum of the RF Armed Forces.
In city courts, in the RF Armed Forces, revision is the prerogative of the boards exclusively. They consist of three people, so the quality and objectivity of the instance is guaranteed. This characterizes the appellate determination of a regional court or other other equal to it by the status of the institution.
How to take them
The procedure and process of adoption are prescribed in the procedural codes. The judicial act is passed by the judges in the deliberation room, there should be no one except them. If it turns out that this rule has been violated, the determination will be automatically canceled. True, such cases are extremely rare. After resolving the complaints, the judges go out into the courtroom (or the judge, if the case is being reviewed in the district) and announce the decision publicly in the presence of the parties and other citizens who are waiting for their turn in the courtroom.
The appeal ruling is announced, as a rule, not in full, but only in part. A full document is issued after a while. Immediately they hand out a document with an introductory and resolute part, the signature of the judge-rapporteur is put there, the remaining judges are indicated.
Depending on the conditions of the institution, the organization of work, a week or shorter time passes before the full document is issued.
How to draw up and draw up a document
Each procedural code provides an article with the requirements for a judicial act, in the Code of Civil Procedure, in Art. 329. There is no special requirement for compilation time. The terms of the appellate determination, preparation time - 5 days. The document must indicate:
- the time when the decision was made - opposite the case number;
- city, district, region;
- the name of the court is fully written;
- the composition of the board (surnames, initials);
- who kept the minutes in the meeting, if there were replacements, enter the names and initials of all secretaries;
- name of the document (appellate ruling);
- the essence of the decision made in the first instance is briefly described, who is the defendant, who is the plaintiff, third parties, the essence of complaints, representations of the prosecutor, if any;
- facts and circumstances to which the board came;
- the reasons for the decision by the judges, in this case, the refusal.
Judges are indicated below, a place is left for signature.
The document is prepared in Russian, if necessary, a translation is made into the language of the region where the court is located.
How is the appeal ruling drawn up? The sample is always in the computer of the assistant judge, who actually deals with its writing and design.
Of course, they are different, each has its own style of compilation and design.
Judicial Tricks
No one wants to make his decision later canceled or even changed in part. There are errors, congestion makes itself felt. But where the law was clearly violated, a lawyer even with little experience will single out such a definition.
The judge directly ignores the parties ’arguments, they are not mentioned, sometimes they are present, but in a distorted form. Legislation, regulations are either interpreted in a similar way or not mentioned, or partially done.
The text of obviously illegal definitions is characterized by an abundance of water: there is a lot of text, but its content is abstract. It does not matter whether the appeal determination in a civil case or otherwise, the principle is the same. The motivation for the adoption of the judicial act is virtually absent.
Good faith is shown in the acts drawn up logically, the motivation of the court is clear and justified, the analysis of the arguments of the parties.
How to cancel
The party to the case has the right to request the annulment of the act of appeal.
An appeal of the appeal ruling is made by drawing up a complaint and sending it to a court competent to make a decision on it. It is either mailed or delivered to the office by the applicant or his representative.
The cassation instance is located in regional courts, in city courts of cities of federal significance, in regional and republican courts. It consists of the Presidium of the Courts.
Those who wish are given enough time - 6 months, such is the time period for appealing the appeal ruling. There is enough time to decide whether to sue further or not, for drafting papers. It is counted from the day after the decision by the judges or judge.
Review Features
To cancel the appeal ruling in a civil case is more difficult than the decision of the first instance.
In the second instance, a review is a mandatory procedure, in a cassation instance it is not.
It also checks for the presence of formal signs (the number of copies of the complaint, payment of state duty, the presence of a signature, etc.).
The judge determines whether there is reason to review the case or not, even if the complaint meets all the formal requirements.
If he considers it possible to review previously adopted court decisions, then there is no guarantee that the board will agree to change them, cancel and accept a new one or send the case to a new round of reviews.
Practicing lawyers compare the current system with roulette, which gives minimal chances to achieve a result. In fact, the cancellation of the appeal ruling is not so rare.
What about the Supreme Court
The country's main court has its own board of appeals. A number of cases in the first instance are heard in this court. For such applications, a decision is made by one judge.
In order to guarantee the right of citizens and organizations to protect their rights and interests, an appeals panel is functioning. It employs 3 judges.
The review rules are similar to those in the lower courts. As a rule, the appeal ruling of the Supreme Court is final. The law does not provide for cassation or supervision.
If time is lost
The trial is limited in time, otherwise an appeal to the court would not make sense. However, because of the actions of the court’s employees, people don’t receive the paper on time or they were misled in some way regarding the rights to complain by the authorities, and time is running out.
Sometimes everyday circumstances make people forget about the time period for appealing the appellate ruling; it seems to them that there is nothing wrong with that.
The judge will automatically send the material to the applicant or his representative, with a determination stating that the deadline has been missed and there is no request for reinstatement. There are no time limits in the law during which it is permitted to send a request to restore the term.
Most often, judges do the following: they agree to restore the term, and then refuse to open the proceedings. So for them there is less risk to get a cancellation of their action by a higher court.
The request is stated either in the complaint itself, as the first request to the court, or in a separate statement. Both approaches are correct.
The appellate ruling of the Moscow City Court, which is considered one of the most important in the country, is also appealed against the same pattern.
How everything happens on the example of Moscow
For example, a case was examined in one of the district courts of the capital. The Tverskoy, Basmanny, Zyuzinsky District Court or another - does not matter. The party to the case or another person whose interests the decision concerns is entitled to complain about its illegality and groundlessness.
Papers are submitted to the district court, if they meet the formal requirements, they are sent to the Moscow City Court. A board is selected there that will deal with the incoming case. If the papers are immediately sent to the city court, they will be sent to the district court to verify compliance with the law. If everything is in order, the complaint is already submitted to the city court.
The college must agree or disagree with the complaint within 2 months. In fact, due to the workload, the review takes a longer time. Then an appeal ruling of the Moscow City Court is issued. It receives power on the day it is made, and the party can try to immediately execute it, and all interested parties try to draw up and send a cassation complaint faster .
Those who have a desire have the right to complain to the Presidium of the Court. It performs the functions of a cassation instance. One of the judges decides whether to open the proceedings or not.
Before sending the case to the board, he may suspend the execution of the decision if there is such an item in the complaint.