An appeal of a decision of a district court in civil and criminal matters within its competence is carried out as follows:
- since this court considers the decision of the justices of the peace with the proviso that their decisions have not taken legal force. The decision of this court has legal force immediately after its adoption, and the opportunity to appeal its decision can only be realized in the court of supervisory instances and in cassation procedure;
- appeal of the decision of the district court has the right to initiate prosecutors and other participants (parties) of the trial by filing a complaint with a higher authority. In relation to this topic, the court of the object of the Russian Federation 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 filed in conjunction with the applicant’s personal signature, the reasons are laid out in the text that provoked an appeal against the decision of the district court. The grounds are supported by references to legislative, relevant acts. The requirements in the content of the complaint are the cancellation of a court order and the restoration of personal freedoms and civil rights;
- This complaint is filed with the district court that made the appealed decision. She is then redirected to a higher judicial authority. At the time of filing a complaint to appeal the decision of the district court, a copy of it is provided to all participants in the process in person on receipt or by registered letter with notification. These documents on receipt of copies are attached to the complaint;
- New evidence cannot be presented at the next trial. Exception: objective reasons did not give the opportunity to present evidence in a district court.
How to appeal a decision of a district court by way of supervision is stipulated by Articles 391.1 and 391.2 of the Code of the Russian Federation (civil procedure), that is, after it is examined by a cassation judge (3 months after the decisions have entered into force). The Presidium of the Supreme Court of the Russian Federation on the basis of complaints of persons who participated in the case and other persons, if their legal rights are infringed upon by interests and freedom by these court decisions, are reviewed in the manner 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 you, since on the basis of the relevant legal acts this decision is not subject to appeal.
Appeal against decisions of bailiffs:
- an application for appeal against decisions of bailiffs can be submitted by interested parties, for example, as parties to enforcement proceedings, persons in respect of whom a violation of legal rights has occurred;
- Be sure to include in the complaint: F. I. O. and the applicant’s home address. The culprit of the statement is also indicated (the bailiff is the executor, the decision, the action). The grounds and causes of the complaint, the arguments and facts of the applicant are described;
- a complaint is filed only within 10 days from the date of receipt of the decisions, which are subject to appeal or from the moment when the applicant learned about 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 for appeal against decisions of court bailiffs accepts either full or partial withdrawal of the appealed decision (lawfulness - unlawfulness, action - inaction). According to the result of the decision, a decision is made.
Complaints are denied in cases where an appeal against decisions of the bailiffs concerns decisions made about fines.