The trial involves the solution of completely different procedural issues in the process. For example, the question of accepting the claim, the entry of a third party into the case or the appointment of an examination. The position of the court is not always satisfactory even on such issues, in connection with which it is necessary to file complaints about the adopted acts of the court. A prosecutor who does not agree with the determination may file a submission according to the rules for filing private complaints.
What is the difference between a court ruling and a decision?
Both a determination and a court decision are acts that are adopted in the course of a judicial review. But between them there are significant differences that determine the procedure for appealing against them, in particular, the time period for consideration of a private complaint against a court ruling. If during the preparation and writing of the complaint you do not take into account the type of judicial act and choose an erroneous defense strategy, you can skip the deadlines and lose precious strength and money.
A court decision is the final act that a judge issues based on the results of the trial on the merits in the first instance. In the decision, the court indicates what requirements the applicant applied to, on which the defendant substantiated his objections, what evidence was presented and what conclusions the court finally came to. Challenging the final act of the court has its own nuances, including the time period for appealing the court decision.
By definition, the current procedural issues that arise along the way are resolved. There are a lot of such questions, but, for all its diversity, not every definition can be challenged on its own.
Court acts are named in accordance with their essence, therefore, in order to determine whether you have a decision in your hands or a court decision, you need to pay attention to the name of the judicial act located on the very top line of the first sheet.
The appeal of the rulings of the trial court has its own peculiarities. They need to be considered when preparing documents.
What definitions can be challenged?
The law contains only 2 such cases:
- When an appeal is expressly permitted in any article of the Code of Civil Procedure of the Russian Federation.
- If the determination excludes the consideration of the case.
It is impossible to list all kinds of definitions subject to appeal. Below are just the most common cases.
It is possible to appeal if, in the determination:
- the court corrected arithmetic errors and clerical errors;
- the court decided to execute the decision immediately;
- the application was left without consideration;
- appointed an installment plan, a deferment, or altered the order and method of execution of the decision;
- recovered (refused to recover) legal expenses;
- have taken or refused to take interim measures;
- clarified the decision in the case;
- refused to make an additional decision;
- terminated the proceedings.
It will not be possible to appeal in cases if:
- a number of cases were combined in one trial;
- court hearing postponed;
- They refused to challenge the judge;
- requested evidence or refused to request it;
- a lower court has accepted the claim or application for consideration;
- set a date to prepare the case for trial;
- highlighted some of the claims claimed by the plaintiff in another proceeding.
When a determination cannot be appealed on its own, the arguments against it should be included in the complaint when filing an appeal against a court decision.
If the determination can be appealed on its own, then for this it is necessary to prepare a private complaint (representation of the prosecutor).
What is the deadline for filing a complaint?
The term is 15 days. The time for filing starts from the moment when the court made a determination. The day of adoption of the act itself is not included in the deadline. Days are considered calendar, not working, and therefore all holidays and weekends are also included in the appeal period.
For example, if the ruling was issued on March 5, then the deadline for appeal will begin on March 6. The last day of the term is March 20.
The term for appealing against a court decision, in turn, from the moment of its adoption is one month.
If you missed the deadline, you should make a request for its restoration. The application can be included in the text of a private complaint or filed as a separate document, the main thing is to do it simultaneously with the filing of the complaint.
How to make a private complaint?
On the question of how to write a complaint correctly, the Network has submitted a wide variety of application forms. There is no normatively established form, it is only necessary to indicate certain information in the complaint so that it is accepted for production:
- in the header write the name of the court to which the complaint will be sent; below indicate your full name (name) of the complainant, address of residence (legal address);
- it is necessary to write down the details of the contested court ruling: the date of its adoption, the case number;
- describe in detail your requirements (request to cancel the determination), as well as the reasons why the judicial act should be canceled;
- at the end of the complaint you need to make a list of attached documents.
The completed complaint must be signed in two copies (one for the court, one for the applicant) and copies must be made for all participants in the case.
There is no need to pay a state fee for considering a private complaint.
It is very important to consistently state your arguments and correctly write a complaint, since the fate of the case depends on this.
Where should I apply?
Art. 333 Code of Civil Procedure of the Russian Federation. The procedure for filing and considering a private complaint, the presentation of the prosecutor. Together with the application documents, the complaint is addressed to a higher court (court of appeal). A complaint is filed through a court that has accepted the impugned document.
Who made the determination | To whom to address the application |
World judge | District Court |
District Court | Court of the subject (regional, regional, etc.) |
The court of the subject (regional, regional, etc.) | The court of appeal of the subject (regional, regional, etc.) |
Supreme Court of the Russian Federation | Board of Appeal of the RF Armed Forces |
The finished package of documents must be sent to the court that issued the determination, which will forward the complaint to the court of appeal along with the case file.
For example, if a justice of the peace made a contested decision, then a complaint must be submitted through a justice of the peace, but the district court should be indicated in the header. Having received the documents, the justice of the peace will formulate a case and forward it for consideration to a higher authority.
Complaint
As a general rule, appeals of rulings of a court of first instance are made without notice to the participants in the case. This means that the court will examine the arguments of the application on its own, there will be no hearings on this issue.
However, the parties to the dispute will be invited to court if an issue of increased complexity is being considered, for example, if a lower court has discontinued the proceedings or refused to consider the case due to newly discovered circumstances.
The time period for considering a private complaint regarding a court ruling depends on the level of the court at which the trial will take place. Time is considered from the day the case arrives at a higher court.
Consideration of the complaint in the district court and the court of the subject (regional, regional, supreme court of the republic, etc.) will take two months. In the Supreme Court of the Russian Federation, consideration continues for three months.
Powers of a higher court
Upon the expiration of the period for consideration of a private complaint regarding a court ruling, a higher court may:
- Leave the contested determination unchanged. In this case, the appealed determination remains in the form in which it was adopted.
- Determination to cancel in whole or in part, to reconsider a controversial issue. The new definition takes effect immediately after its adoption.
As a result of the consideration of the complaint, a judicial act can be obtained in a lower court after the case returns.
Conclusion
In Russian judicial practice, appeal against court rulings is a streamlined and understandable mechanism for protecting rights. If one of the parties does not agree with the position of the court on the issue that arose during the consideration of the case, do not wait for the final decision on the case. The established deadline for considering a private complaint against a court ruling allows one to apply for protection of rights to a higher court without significant temporary losses.