In general, an appeal is an appeal against court decisions that have not entered into legal force. In this case, we are talking about such decisions, which were submitted at first instance. Speaking about the appeal, it is necessary to consider issues relating to concepts such as its essence, the rules for its submission. In addition, it is necessary to take into account the time period for filing an appeal.
This document is considered in civil or criminal proceedings. There are concepts such as incomplete and full appeals. The differences between them are significant. A full appeal is that the case is subject to review in full, starting from the beginning of the opening. Incomplete is considered solely on the grounds of the complaint. Next, we will talk about what a similar document should contain. And also what may be the time limit for filing an appeal.
This document should be sent to the court that issued the decision of the first instance. After the appeal arrives at the appointed place, it is submitted to the appropriate judicial authority. Applicant, i.e. the person who executed the document must be informed that he does not have the right to state any new requirements. A citizen must perform all actions without going beyond the scope of a decision declared in the first instance.
This document must contain the name of the court (the place where it is submitted). It is also necessary to indicate which person filed the appeal, and his place of residence. In addition, you need to write on which decision this document is drawn up. The appeal should include the arguments of the complaint and the request of the person filing it. In addition, it is necessary to collect and attach the required documents. These may include proof of payment of state fees. This is necessary if the appeal requires a waste of money. If a person has submitted a document that does not comply with the above rules, then the justice of the peace must leave him without movement. In addition, he sets a deadline according to which the citizen undertakes to correct all the shortcomings. In the event that the person who submitted the document complies with all the instructions of the justice of the peace, the date of commencement of his action shall be considered the initial entry into the judicial authority. It will be further discussed what is the deadline for filing an appeal. It should be noted that this point is very important, because it must never be missed.
Like many court hearings, the deadline for filing an appeal is set in strict order. By law, it is equal to one month. The person who executed this document must take into account the established date. Skipping the deadline for filing an appeal leads to the fact that it is returned to the citizen. It happens that a person missed the time intended for the execution and submission of this document to the court, for a good reason. This could be an objective circumstance, which must be considered. In this regard, you can not put a ban on the filing of the document. Therefore, the court does not exclude the possibility of the occurrence of such a thing as restoring the time limit for filing an appeal. The so-called extension takes place at the request of the person who executed the document. The application must be filed no later than six months after the decision.
Do not forget about the rules for processing an appeal. All basic rules are specified in the procedural code of the Russian Federation. In the event that a complaint is filed without taking into account the instructions, the court shall return it to the person who filed it and does not even consider it. That is why, before sending a document to the court, it is necessary to carefully check whether it meets all the stated requirements.