In a civil case, the court, in addition to the decision, may decide. This ruling, a person who does not agree with him, has the opportunity to challenge. This right is established in the Code of Civil Procedure.
Private complaint on a court ruling in a civil case: Code of Civil Procedure of the Russian Federation
A sample application is drawn up in accordance with the rules established by law. Article 331 of the Code provides for cases where an interested entity may challenge a decision. The first paragraph of this rule states that a complaint can be lodged if it is expressly fixed by law or if the ruling made excludes the further progress of the case. All other decisions are allowed to be challenged together with the decision. For example, according to the Code of Civil Procedure, a private complaint is not filed against the refusal of a request for an expert investigation, inclusion of materials in the evidence in the case, their investigation, etc. The appeal of these acts is carried out in the appeal proceedings together with the decision.
Who should file the application?
In accordance with the provisions of Article 331 of the Code of Civil Procedure, a private complaint about a court ruling in a civil case is sent:
- In the court of appeal. In this body, one can challenge the decisions made by the Armed Forces of the territories and regions, including autonomous republics and cities of federal significance.
- In the board of appeals of the Supreme Court on the acts of the Supreme Court.
- In the Armed Forces of regions and territories (including autonomous ones), republics, cities of federal significance - for decisions of regional authorities.
- According to the Civil Procedure Code, a private complaint is sent to the RS regarding the decision of a justice of the peace.
Deadlines
According to the Civil Procedure Code, a private complaint about a court ruling is sent no later than 15 days from the moment the decision is announced. The application can be submitted to the office independently or sent by mail. In the latter case, this should be a registered letter. Lawyers recommend additionally issuing a notice of delivery.
Review Rules
They are established by the 333rd article of the Code of Civil Procedure. The private complaint , as well as the materials attached to it, must be sent to all parties to the dispute. In this regard, the applicant is obliged to submit documents in an amount corresponding to the number of participants, plus one for the instance investigating the case. The legislation provides for a certain period in which the parties are entitled to raise objections.
What orders can be challenged?
According to the Civil Procedure Code, a private complaint is directed to acts on:
- Recognition of entities that have made separate claims by third parties or refusal to do so.
- Return audio / video media.
- Replacing a successor or refusing to do so.
- Disposal of material evidence in the case.
- The distribution of the costs of the proceedings.
- Refusal to accept application.
- Securing a lawsuit.
- Refusal to restore the deadline for valid reasons.
- Refusal to make an additional decision.
- Return statements.
- Suspension of production, its termination, abandonment of claims without consideration.
- Explanation of the content of the decision.
- Indexation of previously awarded amounts.
- Corrections to the decision.
- Immediate implementation of the solution.
- Prohibition of payment by the person issuing the document.
- Providing a duplicate.
- Failure to reduce the amount of the fine.
- Suspension, termination of production of IL.
- Refusal to satisfy the request to cancel the decision to leave the claim without motion.
- Turning the decision.
It is also possible to challenge acts adopted on matters provided for in Article 298. A private complaint is also filed in accordance with the procedure established by the 331nd Code of Civil Procedure Code about the decision to leave the cassation presentation / protest without movement.
Review without notice
The legislation establishes several cases where a private complaint is examined without notifying the parties. This assumption extends to the contest of acts:
- On the suspension of production.
- Abandonment of claims.
- Issuance of IL for the enforcement of the instructions of the arbitral tribunal or refusal to do so.
- Recognition / non-recognition of acts of foreign authorities.
- Termination of production.
- Recognition and implementation of acts of arbitration bodies (arbitration) or refusal to do so.
- Satisfaction / dissatisfaction of the requirement to review the decision on the facts.
- Cancellation of decisions of arbitration instances or refusal to do so.
Review Time
According to Art. 327.2 of the Code of Civil Procedure a private complaint is studied in district, provincial, regional, naval instances and city authorities of federal significance for no longer than 2 months from the date of its adoption. The sun has the right to consider the application within 3 months. Having studied the circumstances set forth in the complaint, the court:
- Leaves the contested decision unchanged and, accordingly, the claim does not satisfy.
- It cancels the act in full or in some part, directs the case for review on the merits.
Design Features
As established in the Code of Civil Procedure, a private complaint includes mandatory details. First of all, the application indicates the name of the authority to which it is sent. After that, information about the author of the complaint is provided. It is necessary to indicate the full name and place of residence (name and location address - for legal entities), contact phone. Email address is optional. After this, the name of the document is indicated - “Private complaint”. The text should include the date of the decision, the issue that he resolved. The provisions of the act with which the applicant does not agree are indicated below and arguments are presented in support of the position. Lawyers also recommend referring to specific rules of law, which, according to the author, were violated during the proceedings and the decision, were applied incorrectly or not used at all. After the statement of the essence of the statement, the articles are indicated, which the subject was guided by when writing it (norms 331-333 of the Civil Procedure Code). Next is the requesting part. It, in fact, sets out the requirement - to cancel (in whole or in a separate part) the impugned act, to direct the case for review. After this, a list of applications should be given, a signature and date of execution should be put.
Additionally
In general, filing a complaint does not present any difficulties, especially for those entities that have some experience in court cases. Difficulties may arise when indicating legal provisions that have been violated, misused or not applied at all. It should be said that all claims must be substantiated and confirmed by valid information and documents. The applicant is liable for providing false data. Specialists recommend consulting with lawyers before filing a complaint with a court. Competent persons will verify the rule of execution of the application, the accuracy of the indication of the norms. In addition, lawyers will explain how to behave properly in court in the process of defending their position. If the matter is complicated, it is better to entrust it to a professional. As indicated above, the number of copies of the application and the annex should correspond to the number of participants. The court will independently send the materials to the parties.