What to attach to the appeal. How and in what cases is an appeal filed (sample)

What are the grounds for filing an appeal?

Any citizen who is one of the parties to the trial has the right to appeal the decision of the court of first instance if he has reason to believe that the court made an unfair (illegal) decision or did not take into account all the materials and nuances of the case when making it.

The appellate court does not consider the case on its merits, that is, from scratch. But during the appeal proceedings, the parties may present additional evidence in the case and invite witnesses who did not take part (were not represented) in the 1st instance. It is worth noting that such evidence, like witness statements, is considered by the courts of the 2nd instance only in cases where the person filing the appeal manages to prove that they were not presented to the court of the 1st instance for objective reasons.

It is also important to note that the appeal court considers the case only within the limits established in the complaint. This means that if we're talking about to appeal only part of the court decision, the case will not be considered on the remaining points (exceptions are made only in relation to the norms of procedural law). Regardless of whether the complaint indicates the need to verify the procedural legality of the decision of the court of 1st instance, the duties of the appellate court include checking the decision for compliance with procedural rules of law.

To confirm or refute the legality of decisions made by lower courts, the appellate court has the right to carry out a full review of decisions for their compliance with the legislation in force in the territory of the Russian Federation. In practice, this is quite rare, but Part 2 of Art. 327.1 of the Code of Civil Procedure of the Russian Federation reserves such a right for the courts of appeal.

It should be mentioned that appellate courts consider only those cases in which the decisions of the first instance courts have not yet entered into legal force. According to the norms of the current legislation, a period of 30 days from the date of its issuance is allotted for appealing the decision of the court of first instance. Thus, you can file a complaint during this period, but your complaint will be submitted to the appellate court no earlier than a month from the date of the first decision in the case. The exception is cases where the deadline for appeal was missed for a valid reason, after which it was reinstated. judicial procedure.

Who should file an appeal?

In accordance with Article 320 of the Code of Civil Procedure of the Russian Federation, the plaintiff, defendant, prosecutor (if he took part in the consideration of the case), as well as other participants in the process have the right to file an appeal.

It is important to say that the court can, by its decision, determine the circle of persons who did not take part in the case, but whose interests are affected and, in the opinion of the court, taken into account in the decision made.

To which court, how long will it take to file an appeal and by whom will it be considered?

According to Art. 321 of the Code of Civil Procedure of the Russian Federation, an appeal is filed through the court that made the decision in the 1st instance. Thus, if you are going to appeal, for example, a decision of the magistrate’s court, then take your complaint there. It should also be noted that in accordance with procedural legislation, if a complaint is filed directly to the appellate instance, it must be forwarded to the court of the first instance in order to comply with the procedural order of its filing.

As soon as the period for appeal, which we talked about above (a month), has expired, the appeal, along with a full set of documents attached to it, must be sent to the appellate court, and copies of it must be sent to the participants in the proceedings.

Where is the appeal filed?

The appellate instance is determined depending on which judicial body of the 1st instance considered the case. So, for example, when it comes to decisions of magistrates' courts, they are appealed in district courts, where they are considered by judges alone. When it comes to those decisions that are made by district and garrison military courts, appeals are carried out in the regional (regional), supreme republican courts and courts of cities of republican significance. In turn, when it comes to decisions of the latter, adopted in the 1st instance, their consideration is carried out by the collegium for cases civil proceedings Supreme Court of the Russian Federation.

As for decisions made by district (naval) courts, their appeal through the appellate procedure takes place in the judicial panel for cases of military personnel of the Armed Forces of the Russian Federation. If the court of first instance was the Supreme Court of the Russian Federation, then in this case the appellate body will be the Appellate Board of the Supreme Court of the Russian Federation.

What time limits are given for consideration of appeals?

Art. 327.2 of the Civil Code of the Russian Federation indicates that in the appellate instance (except for situations where the Supreme Court of the Russian Federation or its panel acts as such), a complaint received to it must be considered within a period not exceeding 2 months from the date of its receipt for consideration.

When the Supreme Court of the Russian Federation (collegium of the Supreme Court of the Russian Federation) acts as the court of appeal, then the period for considering complaints is 3 months from the date of their receipt.

Feedback or objections to the appeal?

Art. 262 of the Code of Civil Procedure of the Russian Federation provides that a person who participates in the case (as a rule, this is the defendant or a third party filing independent claims) draws up a response to the claim. At the same time, the Code of Civil Procedure of the Russian Federation does not contain such a term as objections. We conclude that it is synonymous with the term “review”, which is used in everyday life.

A document is attached to the document, which confirms the words of the author of the review. He must also confirm the fact that the response was sent to other participants in the case (postal receipts).

If the response is submitted not by a citizen who is participating in the case, but by his representative, it must be accompanied by a power of attorney for the right to represent the interests of the participant in the case.

Don't know your rights?

What is the basis for leaving the appeal without progress, and what are the reasons for its return?

The law stipulates a number of situations in which an appeal may be left by the courts without progress or there may even be talk of returning it to the person who filed the appeal.

In particular, it can be left without movement if its content does not comply with the requirements of the law. Also, complaints remain without progress in cases where the persons who filed them do not pay the state duty on time.

If the court finds grounds for leaving the complaint without progress, it must make a ruling on this no later than 5 days from the date of receipt of the documents by the court. IN this definition the court sets a reasonable time limit for the person filing the complaint to eliminate the violations. If the violations are eliminated within the specified period of time, the complaint is considered filed from the moment the documents are initially received by the court.

In addition, in several cases the complaint is returned to the person who filed it:

if the violations identified by the court were not eliminated within the prescribed period;
if the period established for appealing a court decision has expired, and the appeal does not contain a request for its renewal (or this request was rejected by the court);
in case of withdrawal of the appeal by the person who filed it.

It is important to note that in order to return a complaint, the court must make an appropriate decision. This decision can also be appealed by filing a private complaint.

Refusal of a filed complaint, reconciliation of the parties or conclusion of a settlement agreement

At all stages - from the moment the appeal is accepted until the court issues an appeal ruling - the parties and participants in the process have the right:

for reconciliation;
waiver of claims;

Refusal of a filed appeal is possible until the appellate court makes its ruling. Refusal means that a person submits a statement that there is no longer any interest in appealing the decision of the court of first instance. Based on such an application, the court makes an appropriate ruling, and the proceedings are terminated.

Waiver of claims, recognition of the claim by the defendant, as well as the conclusion of a settlement agreement are also carried out on the basis of the submitted application.

Mandatory attributes of an appeal

In accordance with Art. 322 of the Civil Procedure Code of the Russian Federation, appeal must contain a number of required attributes:

The name of the court to which this complaint is addressed (we talked above about how to determine the addressee).
Information about the person who is filing the complaint.
Details of the trial that resulted in the decision and which you intend to appeal (case number, date of the decision).
A list of requirements that you put forward. That is, if you demand that the said decision be canceled completely, then write so; if, for example, you are not satisfied only with the amount of the payment determined by the court, then indicate that you are asking to review its amount, etc.
Justification of why you believe that the court made an illegal or unfair decision, with references to specific rules of law that, in your opinion, were violated.
List of documents that are attached to your complaint. This may include evidence (if it is presented to the court for the first time, then it is necessary to indicate the circumstances why this was not done in the first trial), other materials you have that are relevant to the case under consideration, as well as a document confirming the payment of the state fee.

It is important to note that in an appeal you cannot assert claims that you did not assert in the first trial. For example, if you are a plaintiff and demanded to recover from the defendant the amount of debt and interest for the use of someone else’s money, then as part of the appeal proceedings you cannot additionally demand compensation for moral damage.

The appeal must be signed personally by the person who filed it, except in cases where he acts through his representative. In the latter case, the complaint must also be accompanied by a power of attorney to represent your interests by other persons.

It is impossible not to take into account the fact that the complaint itself, as well as the documents that are attached to it, must be presented in a quantity corresponding to the number of persons participating in the case. That is, you submit a complete set of documents to the judicial authority:

for court;
2 parties to the dispute;
other persons who were involved in the process.

To make it easier for you to imagine what such a document looks like in practice, we will provide a simple example of an appeal.

Sample appeal

Khabarovsk Regional Court

680001, Khabarovsk, st. Tikhaya, 2

From plaintiff Maria Vladimirovna Komarova

680010, Khabarovsk, st. Krasnoarmeyskaya, 1, apt. 1

APPEAL

On the decision of the Central District Court Khabarovsk Territory in case No. 1111 of March 11, 2017, according to the application of Maria Vladimirovna Komarova.

On December 13, 2016, between me and Maxim Viktorovich Pavlov, a rental agreement was concluded for residential premises located at the address: Khabarovsk, Mirnaya Street, building 12, apartment 43, according to which I, as a tenant under the agreement, had to deposit , indicated by M. V. Pavlov, sum of money in the amount of 20,000 rubles (twenty thousand rubles 00 kopecks) as payment for a month of stay until December 15, 2016. According to the terms of clause 1.4 of the said agreement, M. V. Pavlov was supposed to give me the keys to the specified residential premises and provide unhindered access to the apartment from December 16, 2016. Pavlov did not fulfill these terms of the agreement.

In response to a question about the reasons for such actions, M.V. Pavlov explained that he had no desire to rent out the said apartment and refused to return the money. On December 20, 2016, I compiled and sent a letter to M.V. Pavlov, in which I asked to return the amount of money unreasonably paid to him, but I never received a response.

On January 13, 2017, I filed a statement of claim with the Central District Court of the Khabarovsk Territory, in which I asked to recover the funds I had paid, as well as to collect from the defendant a fine in the amount of 10,000 rubles (ten thousand rubles 00 kopecks), provided for in clause 3.5 of the prisoner There is a rental agreement between me and M.V. Pavlov.

The court, having considered the case in open court, partially satisfied my demands. He recognized my right to receive the funds paid, but refused to pay me a fine in the specified amount, satisfying the defendant’s request to calculate the penalty at the refinancing rate of the Central Bank of the Russian Federation. Thus, the total amount that the court ordered M.V. Pavlov to pay was 20,412.50 rubles. (twenty thousand four hundred twelve rubles. 50 kopecks).

I consider this court decision to be a violation of Art. 330 Civil Code of the Russian Federation.

In accordance with Art. 228 and 330 of the Civil Procedure Code Russian Federation I ask the court to change the decision of the Central District Court of the Khabarovsk Territory in case No. 1111 of March 11, 2015 in terms of determining the amount of the fine payable by M.V. Pavlov, and to establish the amount of the fine in accordance with clause 3.5 of the concluded lease agreement - in the amount of 10,000 rub. (ten thousand rubles).

Applications:

copy of the document confirming payment of the state duty - 1 copy. for 1 l.;
copies appeal— 2 copies. for 2 l.;
copy of the residential lease agreement - 2 copies. for 4 l.;
copy of the letter addressed to Pavlov M.V. - 2 copies. for 2 l.

(personal signature) Maria Vladimirovna Komarova

.
The procedure for filing an appeal for arbitration and civil courts is almost the same. It is regulated by articles 259-261 of the Arbitration Procedure Code of the Russian Federation and articles 321, 322 of the Code of Civil Procedure of the Russian Federation. Anyone can familiarize themselves with the contents of the articles; here I would just like to comment on them a little.
Formal requirements for the content of the complaint (Article 260 of the Arbitration Procedure Code of the Russian Federation, Article 322 of the Code of Civil Procedure of the Russian Federation)

the complaint must be signed by the person on whose behalf it is filed or by his representative by proxy. If the complaint is signed by power of attorney, the original power of attorney or (as a last resort) a notarized copy of the power of attorney must be attached to it. On behalf of the organization, the complaint is signed either by the director or by a representative by proxy. It cannot be signed by the deputy director or chief accountant. It is possible, but not required, to put the organization's seal on the complaint.
the “header” indicates the name of the court to which the complaint is being filed, as well as
full name of the applicant of the complaint, indication of his place of residence or location;
the names of the persons participating in the case with addresses (for complaints to arbitration courts - mandatory, for complaints to courts of general jurisdiction - not a mandatory requirement of the law, but usually practiced).
Name of the court that made the appealed decision, date of the decision, subject of the dispute. This is usually written in the title. For example, “Appeal against the decision of the Kurchatovsky District Court dated _____ in case No. __________ on debt collection.” In addition, in the descriptive part of the complaint (in the first paragraph), it is better to once again indicate that a certain court, following the claim of such and such a person against such and such a person, made a decision on such and such.
For arbitration courts, it is mandatory to indicate the case number; for general civil courts - not necessary, but desirable.
And of course, be sure to indicate your demands to the appellate court: to cancel the decision of the first instance court in part or in full, if in part, then in which part, to issue a new judicial act in the case and which one. Please note that an appeal never remands a case (this is only permissible in the cassation court), so you should not ask for a remand. If you ask for a new judicial act, then you have the right to proceed only from the claims stated in the first instance; new demands cannot be formulated. In fact, you can only ask the court of appeal to satisfy some previously stated requirements or, conversely, refuse to satisfy them.
The most important thing in the complaint is the grounds for appealing the decision with reference to laws and regulations, the circumstances of the case and the evidence available in the case. These grounds are, in essence, the content of the appeal. You can read more about this.
list of documents attached to the complaint.

Who has the right to file an appeal:
Firstly. of course, these are all persons participating in the case (paragraphs 1, 2 of Article 320 of the Russian Federation);
Secondly, all persons who were not involved in the case, but their rights were in one way or another affected by the court decision (clause 3 of Article 320 of the Code of Civil Procedure of the Russian Federation). They will need to indicate in the complaint exactly which of their rights were violated by the court decision .
Appellate courts that hear appeals.
Appeals against decisions of arbitration courts of first instance are considered by special appeal courts, which are responsible for reviewing decisions of courts in several regions. For example, decisions of the Chelyabinsk Regional Court are reviewed by the Eighteenth Arbitration Court of Appeal.
appeals against decisions of district courts are considered by the court of a constituent entity of the federation, for example, decisions of district courts of the city of Chelyabinsk are considered by the Chelyabinsk regional court, and more specifically, by the board of civil cases Chelyabinsk regional court.
The procedure for filing an appeal and the package of attached documents.

The appeal is filed with the appellate court through the court of first instance that made the decision. This means that in the header of the complaint you need to write “To the Eighteenth (or other) Arbitration Court of Appeal” (for arbitration courts) or “To the Chelyabinsk Regional Court” (or another subject court, which is the second instance in your region) - for general courts jurisdiction. In this case, the complaint itself is submitted to the office of the court of first instance, which made the appealed decision. There is no need to submit it directly to the office of the court of second instance. A complaint can also be sent by mail, and a complaint to the arbitration court of appeal can be filed via the Internet using special service on the YOU website. The service is called “Card Index of Arbitration Cases”.
Any person can submit a complaint to the office of the arbitration court, and only the applicant himself or a representative who has a power of attorney from the applicant can submit a complaint to the office of the district court. If the complainant is a citizen (including individual entrepreneur) the power of attorney must be notarized in a court of general jurisdiction, if the organization - the seal of the organization and the signature of the director are sufficient.
The complaint must be accompanied by a document confirming payment of the state fee. The amount of the state fee for filing an appeal is 50% of the amount of the state fee paid when filing a non-property claim. Please note: not on the amount of the fee paid in this case, but on the fee for the non-property claim. At the time of writing this article, the state fees are as follows: for filing an appeal against a decision of an arbitration court - 2,000 rubles, for filing an appeal against a decision of a district court or a magistrate - 2,000 rubles for organizations and 100 rubles for citizens. The state fee for filing an appeal is paid according to the details of the court of appeal, which can be viewed on the website of the relevant court (Chelyabinsk Regional or Eighteenth Court of Appeal). The payer must indicate the complainant himself in the payment document. The document confirming payment of the state duty is attached in the original. If this document is a payment order, then payment order there must be a bank mark on execution (blue bank seal).
Copies of the complaint according to the number of persons participating in the case with all attached documents must be attached to the complaint against the decision of the district court, so that the court has the opportunity to send them out. The complaint against the decision of the arbitration court shall be accompanied by postal receipts for sending copies of the complaint to the persons participating in the case by registered mail. Receipts must be stamped with a return receipt stamp. There is no need to wait for notifications to return. Instead of receipts, you can attach copies of the complaint with incoming notes indicating that the complaint has been served on other persons.
A copy of the contested decision is attached to the complaint. You can simply print a copy of the arbitration court decision from the Internet (from the same file of arbitration cases) and certify it with your signature. It is not necessary to obtain a decision from the court and then copy it.
If you are appealing not a court decision, but a ruling to return the statement of claim, then the complaint must also be accompanied by the corresponding claim and the entire package of documents that was submitted to the court with it.
You can re-attach copies of some very important information to your complaint. significant documents, on which you build your arguments, even if they are already in the case, just so that the court does not look for them in the materials. But at the same time, it is necessary to indicate that the documents have already been attached to the case materials with reference to the volume number and case sheet. If you need to attach new documents that are not in the case, you will have to justify why you did not transfer them to the court in the first instance, which is not always easy. For this there must be compelling, valid reasons, for example, the refusal of the court of first instance to accept these documents (this must be indicated in the minutes of the relevant court hearing). And yet, little advice. If you still have nothing to justify the impossibility of attaching documents to the court of first instance, and you cannot come up with anything, still attach them to the complaint. The court will at least get acquainted with them at the stage of preparation for the trial, even if it does not accept them into the case.

Well, that seems to be all. I wish you good luck.
The material was prepared by Tatyana Skvortsova.

I am interested in the amount of the state fee for filing an appeal by a legal entity - 2000.00?, how to certify copies of documents attached to the complaint (payments, letters, etc.), what to do if we do not meet the deadline for filing an appeal?

Yes, 2000. The payment order is certified by the servicing bank, all other documents are certified by the signature of the director and the seal of the organization (“the copy is correct, general director....). I recommend filing at least a short complaint, without copies of documents, it will be left without movement and They will give you a deadline to eliminate the shortcomings, you will report by this deadline full text and documents. Otherwise, you will have to restore the deadline for filing a complaint and indicate valid reasons

If you find it difficult to formulate a question, call the toll-free multi-line phone 8 800 505-91-11 , a lawyer will help you

Can I supplement my objections to the appeal with a document, if the case and my objections have already been sent from the district court to the regional court for consideration of the appeal, but the date for consideration has not yet been set, with a petition or addition to my objection with the attached document, how can I do this? Thank you.

Yes, you can add it. Write an addition to the appeal. It can be attached at a court hearing or through the office of the regional court.

Hello! You have the right to send to the appellate court an addition to the objection to the appeal. Can be sent by regular mail.

Hello, Natalya. No, you will only be able to submit this document directly to the appellate court during the appellate review. But at the same time, it is necessary to justify why you could not present him in the court of first instance. Otherwise, the document will not be accepted in accordance with Article 327.1 of the Code of Civil Procedure of the Russian Federation,
Good luck to you.

Unfortunately, you will no longer be able to supplement your objections to the appeal with anything else, since the deadline for filing these objections has expired. You then need to take part in the hearing of the case in the regional court in order to verbally convey your additional objections to the court.

Requirements for the form and content of the appeal provided for in Article 260 of the Arbitration Procedural Code of the Russian Federation.

The appeal is submitted to the arbitration court in writing, signed by the person filing the complaint or his representative authorized to sign the complaint. An appeal can also be filed by filling out a form posted on the official website of the arbitration court on the Internet through the “My Arbitrator” service.

The appeal must indicate:

1) the name of the arbitration court to which the appeal is filed;

2) the name of the person filing the complaint and other persons participating in the case;

3) the name of the arbitration court that adopted the appealed decision, the case number and the date of the decision, the subject of the dispute;

4) the requirements of the person filing the complaint and the grounds on which the person filing the complaint is appealing the decision, with reference to laws, other regulations legal acts, the circumstances of the case and the evidence available in the case;

5) a list of documents attached to the complaint.

The appeal may contain telephone numbers, fax numbers, e-mail addresses and other information necessary for consideration of the case, as well as existing petitions.

The person filing the appeal is obliged to send to other persons participating in the case copies of the appeal and the documents attached to it, which they do not have, by registered mail with notification of delivery or hand them over to other persons participating in the case or their representatives in person against signature.

The following are attached to the appeal:

1) a copy of the contested decision;

2) documents confirming the payment of the state duty in the established manner and amount or the right to receive a benefit in the payment of the state duty, or a petition for a deferment, payment by installments or a reduction in the amount of the state duty;

3) a document confirming the sending or delivery to other persons participating in the case of copies of the appeal and documents that they do not have;

4) a power of attorney or other document confirming the authority to sign the appeal.

The appeal against the arbitration court's ruling to return the statement of claim must also be accompanied by the returned statement of claim and the documents attached to it when submitted to the arbitration court. Documents attached to the appeal may be submitted to the arbitration court in electronic form.

Failure to comply with the requirements for the form and content of the appeal entails leaving it without progress (Article 263 of the Arbitration Procedural Code of the Russian Federation) or returning the appeal (Article 264 of the Arbitration Procedural Code of the Russian Federation).

Reasons for leaving without progress and returning appeals

1. Failure of persons filing appeals (hereinafter also applicants, appellants) to comply with the requirements for their form and content established by Article 260 of the Arbitration Procedural Code of the Russian Federation entails leaving the filed complaints without progress in accordance with Part 1 of Article 263 of the Arbitration Procedural Code of the Russian Federation.

1.1. The obligation of the person filing the appeal is established to send to other persons participating in the case copies of the appeal and the documents attached to it that they do not have, by registered mail with return receipt requested, or to hand them over to other persons participating in the case or their representatives in person against receipt and attach documents confirming the completion of these actions to the appeal (requirements of part 3 and paragraph 3 of part 4 of article 260 of the Arbitration Procedure Code of the Russian Federation). This is due to the fact that the lack of information from persons participating in the case about the filing and consideration of an appeal is a violation of the principle of equality of all before the law and the court (Part 1 of Article 19 of the Constitution of the Russian Federation, Articles 7, 8 of the Arbitration Procedure Code of the Russian Federation) and adversarial legal proceedings (Article 9 of the Arbitration Procedural Code of the Russian Federation.

These requirements provide for the obligation to send documents not only to the parties to the dispute, but also to other persons involved in the case, including third parties (Article 40 of the Arbitration Procedural Code of the Russian Federation).

Proper evidence of the direction and delivery of the appeal to the parties is the receipt of the postal authorities for the acceptance and dispatch of documents by registered mail with notification, as well as the fact of personal delivery of the appeal to the party in the case, which corresponds to the legal position of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated 09.12.2002 No. 11.

The appellant should take into account that sending the appeal by fax, by email, courier service cannot be accepted as adequate evidence of sending and receiving the complaint.

When filing an appeal against a judicial act adopted in an insolvency (bankruptcy) case, determining the participants to whom copies of the complaint and documents should be sent, applicants must take into account the legal position of the Plenum of the Supreme Arbitration Court of the Russian Federation, set out in paragraph 7 of paragraph 14 of the resolution dated 22.06. .2012 No. 35 “On some procedural issues related to the consideration of bankruptcy cases.”

1.2. In accordance with paragraph 2 of part 4 of Article 260 of the Arbitration Procedural Code of the Russian Federation), the appeal must necessarily be accompanied by documents confirming the payment of the state duty in the established manner and amount or the right to receive a benefit in the payment of the state duty, or a petition for a deferment, payment in installments or a reduction in the amount of state duty.

According to paragraph 3 of article 333.18 The Tax Code of the Russian Federation, taking into account the explanations contained in the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated July 11, 2014 No. 46 “On the application of legislation on state duties when considering cases in arbitration courts,” the fact of payment of state duties in non-cash form is confirmed by a payment order of the payer with a note from the bank about its execution.

On the payment order, the date of debiting must be indicated in the field “Written off from the payer’s account” cash from the payer’s account, in the “Bank Marks” field - the bank’s stamp and the signature of the responsible executor. In the payment document in the line “Purpose of payment” the following must be indicated: “payment of state duty” or “state duty”.

A copy of the payment order is not proof of payment of the state duty.

In addition, the payment order must correctly reflect the recipient's bank and payment details. Details for paying the state fee when filing an appeal are indicated on the official website of the Fifth Arbitration Court of Appeal on the Internet.

A petition for a deferment or installment payment of the state duty, or for a reduction in its amount, must provide justifications, confirmed by documents attached to the petition, indicating that the property status of the interested party does not allow it to pay the state duty. Such documents, in accordance with the legal position of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated March 20, 1997 No. 6, include:

Confirmed tax authority list of current and other accounts;

Names and addresses of credit institutions in which these accounts are opened (including accounts of branches and representative offices of a legal entity);

Data confirmed by the bank (banks) about the absence of funds in the account (accounts) in the amount necessary to pay the state duty, as well as information about the total amount of debt for writs of execution and payment documents.

In this case, information about the status of current accounts must be current as of the date of application to the court and contain reliable information about the availability of funds in the account.

Payment document (payment order, receipt, etc.) on payment of state duty in a smaller amount than provided for in subparagraph 12 of paragraph 1 of Article 333.21 Tax Code of the Russian Federation, does not confirm the fulfillment of the obligation to pay the state duty.

1.3. According to paragraph 4 of part 2 of Article 260 of the Arbitration Procedural Code of the Russian Federation, the appeal must indicate the requirements of the person filing the complaint and the grounds on which the person filing the complaint is appealing the decision, with reference to laws, other regulatory legal acts, circumstances of the case and evidence available in the case.

An appeal named as “short” or “preliminary” and does not contain arguments refuting the correctness of the conclusions of the trial court does not meet the requirements of this norm.

1.4. When filing an appeal, you must follow the procedure for signing it (part 1 of Article 260 of the Arbitration Procedural Code of the Russian Federation), namely: the provisions of the state standard GOST R 6.30-2003 “Unified documentation systems. Unified system of organizational and administrative documentation. Requirements for the execution of documents”, according to which the “Signature” detail includes: the name of the position of the person who signed the document (full if the document is not drawn up on a document form, and abbreviated - on a document drawn up on a letterhead); personal signature; decryption of signature (initials, surname).

It is also necessary to remember that the requirement of paragraph 4 of part 4 of article 260 of the Arbitration Procedural Code of the Russian Federation to attach to the complaint documents confirming the authority of the person who signed it applies to persons authorized without a power of attorney to act on behalf of a legal entity (part 4 of article 59, part 1 Article 61 of the Arbitration Procedural Code of the Russian Federation), and to representatives by proxy (parts 4-7 of Article 61 of the Arbitration Procedural Code of the Russian Federation).

At the same time, as follows from Part 2 of Article 62 of the Arbitration Procedural Code of the Russian Federation, the power of attorney issued by the represented person or another document must specifically stipulate the right of the representative to appeal the judicial act of the arbitration court.

Moreover, taking into account the provisions of paragraphs 1 and 4 of Article 36 Federal Law No. 127-FZ dated October 26, 2002 “On insolvency (bankruptcy)”, clarifications of paragraph 44 of the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated June 22, 2012 No. 35 “On some procedural issues related to the consideration of bankruptcy cases”, the power of attorney must specifically contain powers to conduct bankruptcy proceedings are stipulated.

1.5. In accordance with paragraph 2 of part 2 of Article 260 of the Arbitration Procedural Code of the Russian Federation, the appeal must indicate the names of the person filing the complaint and other persons participating in the case, including the names of third parties involved in the case.

2. Individual errors according to Article 264 of the Arbitration Procedural Code of the Russian Federation are grounds for the court to return received appeals

2.1. According to paragraph 5 of part 1 of Article 264 of the Arbitration Procedural Code of the Russian Federation, the appeal is subject to return if the circumstances that served as grounds for leaving it without progress are not eliminated.

Documents indicating that the identified deficiencies have been eliminated must be received by the court within the time period established by the court’s ruling on leaving the appeal without progress. Sending by a person documents by mail shortly before the expiration of the period established by the court, so that if postal organizations comply with delivery standards and deadlines for sending postal correspondence (terms for the provision of postal services), this will lead to the receipt of such correspondence upon expiration given period, cannot be regarded as the timely fulfillment of the court’s demands to eliminate the relevant circumstances, since, according to Part 7 of Article 114 of the Arbitration Procedural Code of the Russian Federation, its requirements are considered fulfilled at the time the documents are received by the court.

2.2. Missing the deadline for filing an appeal, in the absence of a petition for its restoration, by virtue of paragraph 1 of Article 264 of the Arbitration Procedural Code of the Russian Federation, is grounds for its return.

The interpretation of procedural rules, based on which the applicants believe that the period for appealing a judicial act begins from the date the court of first instance sent copies of the judicial act to the persons participating in the case, or from the moment they received a copy of the judicial act sent by the arbitration court by post, is erroneous . Taking into account the explanations set out in paragraph 12 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated 05/28/2009 No. 36 “On the application of the Arbitration Procedure Code of the Russian Federation when considering cases in the arbitration court of appeal” (hereinafter referred to as the Resolution dated 05/28/2009 No. 36), The period for filing an appeal is calculated from the date the court of first instance issues the judicial act in full.

If an appeal is filed with a missed deadline, then the text of the complaint or a separate document attached to it must contain a petition for its restoration, indicating the reasons for the missed deadline.

At the same time, the presence of a petition to restore the deadline for filing an appeal in itself, in the absence of valid reasons for missing it, is not considered by the court as an unconditional basis for restoring the missed deadline and accepting the complaint for court proceedings.

The conditions under which the missed deadline for filing an appeal at the request of the person who filed such a complaint can be restored by the arbitration court of appeal are established by Part 2 of Article 259 of the Arbitration Procedure Code of the Russian Federation.

When deciding whether the reasons for missing this deadline are valid, the court takes into account the explanations set out in paragraph 14 of Resolution No. 36 dated May 28, 2009, and the actual circumstances of the case.

2.3. In accordance with part 2 of article 257, part 2 of article 272 of the Arbitration Procedural Code of the Russian Federation, an appeal must be filed through the arbitration court of first instance. Non-compliance of this order(filing complaints directly to the court of appeal) taking into account the explanations of the Supreme Arbitration Court of the Russian Federation set out in paragraph 9 of Resolution No. 36 dated May 28, 2009, is the basis for its return.

When re-submitting an appeal returned on this basis in compliance with the established procedure, it is necessary to take into account that, as a rule, at the time of re-appeal, the deadline for filing such a complaint has already passed. This circumstance entails the need to file a petition to restore the missed deadline for filing a complaint, which will be considered by the court on a general basis.

2.4. An appeal filed against a judicial act that is not appealed on appeal is returned by the court on the basis of paragraph 2 of part 1 of Article 264 of the Arbitration Procedure Code of the Russian Federation.

When considering the issue of filing an appeal against the ruling of the court of first instance, it should be remembered that in accordance with Part 1 of Article 188 of the Arbitration Procedure Code of the Russian Federation, the ruling of the arbitration court can be appealed separately from the appeal of the judicial act, which ends the consideration of the case on the merits, in cases , if, in accordance with this Code, an appeal of this determination is provided, and also if this determination impedes the further progress of the case. In relation to a determination, the appeal of which is not provided for by the Arbitration Procedure Code of the Russian Federation, as well as in relation to a protocol determination, objections may be raised when appealing a judicial act, which ends the consideration of the case on the merits (Part 2 of Article 188 of the Arbitration Procedural Code of the Russian Federation).

The list of rulings to which objections can be raised only when appealing a judicial act, which ends the consideration of the case on the merits, is also specified in paragraph 6 of Resolution No. 36 of May 28, 2009.

2.5. Filing an appeal by a person who does not have the right to appeal a judicial act in the manner of appeal proceedings entails its return on the basis of paragraph 1 of part 1 of Article 264 of the Arbitration Procedure Code of the Russian Federation.

When filing an appeal, a person who was not involved in the case should take into account that, by virtue of the explanations of paragraphs 1 and 2 of Resolution No. 36 of May 28, 2009, to other persons who have the right to appeal a judicial act, by virtue of Part 3 of Article 16 and Article 42 The Arbitration Procedural Code of the Russian Federation includes persons whose rights and obligations a judicial act has been adopted. In this regard, persons not participating in the case, both indicated and not indicated in the reasoning and (or) operative part of the judicial act, have the right to appeal it through the appellate procedure if it is adopted on their rights and obligations, that is This judicial act directly affects their rights and obligations, including creating obstacles to the exercise of their subjective rights or the proper fulfillment of obligations in relation to one of the parties to the dispute. In the case where the complaint is filed by a person who did not participate in the case, the court must check whether the complaint contains a justification for how the disputed judicial act directly affects the rights or obligations of the applicant. In the absence of appropriate justification, the appeal is returned by virtue of paragraph 1 of part 1 of Article 264 of the Arbitration Procedure Code of the Russian Federation.

When filing appeals against judicial acts adopted in the framework of an insolvency (bankruptcy) case, one should also take into account the provisions of Federal Law No. 127-FZ of October 26, 2002 “On Insolvency (Bankruptcy)”, explanations given in the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated June 22, 2012 No. 35 “On some procedural issues related to the consideration of bankruptcy cases” (paragraph 8 of paragraph 14, paragraph 1 of paragraph 53).

2.6. In the case of a request for a deferment, payment by installments of the state fee or a reduction in its amount, the person filing an appeal should take into account that the rejection of this request by the court is the basis for its return in accordance with paragraph 7 part 1 of Article 264 of the Arbitration Procedural Code of the Russian Federation Federation.

Procedure for filing a response to an appeal

The procedure for filing a response to an appeal is regulated by Article 262 of the Arbitration Procedural Code of the Russian Federation.

A person participating in the case sends a response to the appeal with the attachment of documents confirming objections to the complaint to other persons participating in the case and to the arbitration court, by registered mail with acknowledgment of delivery within a time limit that ensures the possibility of familiarization with it before the start of the court hearing (Parts 1 and 2 of Article 262 of the Arbitration Procedure Code of the Russian Federation).

A review may also be submitted to the arbitration court by filling out a form posted on the official website of the arbitration court considering the case on the Internet. The documents attached to the response may be submitted to the arbitration court in electronic form (Part 4 of Article 262 of the Arbitration Procedural Code of the Russian Federation).

The review is signed by the person participating in the case or his representative. The response signed by the representative is accompanied by a power of attorney or other document confirming the authority to sign the response (Part 3 of Article 262 of the Arbitration Procedural Code of the Russian Federation).

The response sent to the arbitration court is accompanied by a document confirming the direction of the response to other persons participating in the case (paragraph 2 of part 1 of Article 262 of the Arbitration Procedural Code of the Russian Federation).

While the decision of the court of first instance has not yet entered into force, it can be appealed. This procedure is regulated by Chapter 34 of the APC. From the date of the decision, a month is allotted for submitting documents. The complaint will be considered within two months from the date of submission of the appeal. However, in order for it to be accepted by the court, it must be drawn up in accordance with the requirements set out in the APC. At the end of the article you can download a sample document.

An appeal against a decision of the arbitration court is filed through the first instance. It consists of two parts: introductory and main. The introductory information includes the details of the appellate authority and the applicant. The main part contains details of the case and arguments indicating the unfoundedness of the judicial ruling.

When writing a complaint, you should use the following plan:

Details of the court that will consider the complaint.
Applicant details. If this individual, indicate the procedural position, full name, place of residence, passport details. For legal entities, you must enter the name of the organization, INN, OGRN, and address.
Data from other aspects of the case.
Name of the form.
Information about the arbitration court where the contested decision was received. Information about the case: number, date of announcement of the verdict, essence of the claim.
The applicant's arguments and his arguments in favor of reversing the decision. Here it is important to refer to specific provisions of the law.
Request. It is expressed briefly and begins with the word “please.” As a rule, the author of the appeal asks for the cancellation or modification of a court order.
List of documents attached to the complaint.
Date of application.
Signature.

In order for an appeal to be accepted by the court, a complete package of documents must be attached to it. Among them are a receipt for payment of the state duty, a copy of the decision of the first instance.

The applicant needs to confirm that he has provided copies of the papers to all participants in the process. They are sent by registered mail or delivered in person against signature. This document (or postal receipt - in the case of sending by letter) is attached as confirmation. The appeal will be accepted for consideration only if all legal requirements are met.

What arguments should be given in the complaint?

An important part of the appeal is the description of the applicant's position. Here he should explain what norms the decision violates and whose rights are infringed. The sample appeal to the arbitration court contains references to specific laws and articles of codes.

You can use as arguments:

evidence in the case;
conditions for taking actions;
norms of substantive law;
norms of procedural law.

The arbitration court’s insufficient examination of the evidence presented could have led to an unlawful decision. Having pointed this out, the applicant argues in favor of canceling or amending the resolution. In addition, it is allowed to present new evidence in the case.

The law may have been misinterpreted during the hearing. It is possible that inappropriate laws may be applied or appropriate laws may not be applied. Similar points are also indicated in the text of the complaint. At the same time, the author explains how legal norms should be interpreted in this dispute.

How long does it take to go to court?

In accordance with paragraph 1 of Article 259 of Law No. 95-FZ, it is submitted within a month from the date of its issue. If due to compelling reasons this deadline was missed, the applicant has the right to file a petition for reinstatement. The arbitration court may cooperate if the reason for absence is a documented illness or business trip. Also, the period can be restored if the applicant did not know about the decision.

The order of consideration is as follows:

The complaint is accepted in the office of the arbitration court of first instance.
Within three days, the application is forwarded to the appellate court.
In the second instance, the case is considered within two months from the date of receipt of the complaint.

In a number of situations, the appeal is returned back. This happens if it is submitted after the expiration of the period without a petition for its restoration. Other possible reason– a person who does not have the right to do so tries to challenge the decision. The complaint will be returned even if the applicant himself withdraws it.

Sometimes the reason for the return is inaccuracies in the execution of the document and non-compliance with the rules for going to court. In such a situation, after eliminating the shortcomings, the citizen has the right to appeal the case again.

The amount of the state fee when appealing

When filing an appeal with the arbitration court, you must attach a receipt for payment of the state duty. Its size is 50% of the amount of the fee when filing a claim of a non-property nature, which reaches 6,000 rubles. Therefore, if you appeal in court, you will need to pay 3,000 rubles.

If the applicant's demands are satisfied, the payment of legal costs goes to the opponent. In this case, he undertakes to reimburse the costs.

Who has the right to submit an application?

The law limits the circle of persons who can appeal a court decision on appeal. If a representative will act instead of such a citizen, he should prepare a power of attorney.

The following may file an appeal:

parties to the case;
successors of the plaintiff or defendant, even if they did not take part in the hearing in the first instance;
persons whose rights were affected by the decision;
prosecutor.

The complaint is submitted by these persons to the judicial body that considered the case, and from there it is sent to a higher authority. As an example, if the case was heard in the district court, the appeal is transferred to the city court.

An appeal against a decision of an arbitration court is drawn up according to the general rules for appeals. It is necessary to indicate the details judicial authority of the first instance, state the essence of the decision made and explain why it is considered unlawful. In this case, it is extremely important to refer to specific rules of law. Before visiting the office, you will need to pay a state fee; the receipt is attached to the package of documents. A sample complaint can be downloaded from the link below.

Legal blog of Tatiana Skvortsova

How to file an appeal in court?
A sample appeal to a court of general jurisdiction can be found HERE. You can read about writing an appeal HERE.
The procedure for filing an appeal for arbitration and civil courts is almost the same. It is regulated by articles 259-261 of the Arbitration Procedure Code of the Russian Federation and articles 321, 322 of the Code of Civil Procedure of the Russian Federation. Anyone can familiarize themselves with the contents of the articles; here I would just like to comment on them a little.
Formal requirements for the content of the complaint (Article 260 of the Arbitration Procedure Code of the Russian Federation, Article 322 of the Code of Civil Procedure of the Russian Federation)

the complaint must be signed by the person on whose behalf it is filed or by his representative by proxy. If the complaint is signed by power of attorney, the original power of attorney or (as a last resort) a notarized copy of the power of attorney must be attached to it. On behalf of the organization, the complaint is signed either by the director or by a representative by proxy. It cannot be signed by the deputy director or chief accountant. It is possible, but not required, to put the organization's seal on the complaint.
the “header” indicates the name of the court to which the complaint is being filed, as well as
full name of the applicant of the complaint, indication of his place of residence or location;
the names of the persons participating in the case with addresses (for complaints to arbitration courts - mandatory, for complaints to courts of general jurisdiction - not a mandatory requirement of the law, but usually practiced).
Name of the court that made the appealed decision, date of the decision, subject of the dispute. This is usually written in the title. For example, “Appeal against the decision of the Kurchatovsky District Court dated _____ in case No. __________ on debt collection.” In addition, in the descriptive part of the complaint (in the first paragraph), it is better to once again indicate that a certain court, following the claim of such and such a person against such and such a person, made a decision on such and such.
For arbitration courts, it is mandatory to indicate the case number; for general civil courts - not necessary, but desirable.
And of course, be sure to indicate your demands to the appellate court: to cancel the decision of the first instance court in part or in full, if in part, then in which part, to issue a new judicial act in the case and which one. Please note that an appeal never remands a case (this is only permissible in the cassation court), so you should not ask for a remand. If you ask for a new judicial act, then you have the right to proceed only from the claims stated in the first instance; new demands cannot be formulated. In fact, you can only ask the court of appeal to satisfy some previously stated requirements or, conversely, refuse to satisfy them.
The most important thing in the complaint is the grounds for appealing the decision with reference to laws and regulations, the circumstances of the case and the evidence available in the case. These grounds are, in essence, the content of the appeal. You can read more about this HERE.
list of documents attached to the complaint.

Who has the right to file an appeal:
Firstly. of course, these are all persons participating in the case (paragraphs 1, 2 of Article 320 of the Russian Federation);
Secondly, all persons who were not involved in the case, but their rights were in one way or another affected by the court decision (clause 3 of Article 320 of the Code of Civil Procedure of the Russian Federation). They will need to indicate in the complaint exactly which of their rights were violated by the court decision .
Appellate courts that hear appeals.
Appeals against decisions of arbitration courts of first instance are considered by special appeal courts, which are responsible for reviewing decisions of courts in several regions. For example, decisions of the Chelyabinsk Regional Court are reviewed by the Eighteenth Arbitration Court of Appeal.
appeals against decisions of district courts are considered by the court of a constituent entity of the federation, for example, decisions of district courts of the city of Chelyabinsk are considered by the Chelyabinsk Regional Court, and more specifically, by the civil panel of the Chelyabinsk Regional Court.
The procedure for filing an appeal and the package of attached documents.

The appeal is filed with the appellate court through the court of first instance that made the decision. This means that in the header of the complaint you need to write “To the Eighteenth (or other) Arbitration Court of Appeal” (for arbitration courts) or “To the Chelyabinsk Regional Court” (or another subject court, which is the second instance in your region) - for general courts jurisdiction. In this case, the complaint itself is submitted to the office of the court of first instance, which made the appealed decision. There is no need to submit it directly to the office of the court of second instance. A complaint can also be sent by mail, and a complaint to the arbitration court of appeal can be filed via the Internet using a special service on the YOU website. The service is called “Card Index of Arbitration Cases”.
Any person can submit a complaint to the office of the arbitration court, and only the applicant himself or a representative who has a power of attorney from the applicant can submit a complaint to the office of the district court. If the applicant of the complaint is a citizen (including an individual entrepreneur), the power of attorney must be notarized in a court of general jurisdiction; if it is an organization, the seal of the organization and the signature of the director are sufficient.
The complaint must be accompanied by a document confirming payment of the state fee. The amount of the state fee for filing an appeal is 50% of the amount of the state fee paid when filing a non-property claim. Please note: not on the amount of the fee paid in this case, but on the fee for the non-property claim. At the time of writing this article, the state fees are as follows: for filing an appeal against a decision of an arbitration court - 2,000 rubles, for filing an appeal against a decision of a district court or a magistrate - 2,000 rubles for organizations and 100 rubles for citizens. The state fee for filing an appeal is paid according to the details of the court of appeal, which can be viewed on the website of the relevant court (Chelyabinsk Regional or Eighteenth Court of Appeal). The payer must indicate the complainant himself in the payment document. The document confirming payment of the state duty is attached in the original. If this document is a payment order, then the payment order must have a bank execution mark (blue seal of the bank).
Copies of the complaint according to the number of persons participating in the case with all attached documents must be attached to the complaint against the decision of the district court, so that the court has the opportunity to send them out. The complaint against the decision of the arbitration court shall be accompanied by postal receipts for sending copies of the complaint to the persons participating in the case by registered mail. Receipts must be stamped with a return receipt stamp. There is no need to wait for notifications to return. Instead of receipts, you can attach copies of the complaint with incoming notes indicating that the complaint has been served on other persons.
A copy of the contested decision is attached to the complaint. You can simply print a copy of the arbitration court decision from the Internet (from the same file of arbitration cases) and certify it with your signature. It is not necessary to obtain a decision from the court and then copy it.
If you are appealing not a court decision, but a ruling to return the statement of claim, then the complaint must also be accompanied by the corresponding claim and the entire package of documents that was submitted to the court with it.
You can re-attach to the complaint copies of some very significant documents on which you base your arguments, even if they are already in the case, just so that the court does not look for them in the materials. But at the same time, it is necessary to indicate that the documents have already been attached to the case materials with reference to the volume number and case sheet. If you need to attach new documents that are not in the case, you will have to justify why you did not transfer them to the court in the first instance, which is not always easy. For this there must be compelling, valid reasons, for example, the refusal of the court of first instance to accept these documents (this must be indicated in the minutes of the relevant court hearing). And one more piece of advice. If you still have nothing to justify the impossibility of attaching documents to the court of first instance, and you cannot come up with anything, still attach them to the complaint. The court will at least get acquainted with them at the stage of preparation for the trial, even if it does not accept them into the case.

Well, that seems to be all. I wish you good luck.
The material was prepared by Tatyana Skvortsova.

About my services and the services of my colleagues in legal representation, see HERE

About my services and the services of my colleagues in preparing complaints, claims, reviews and other court documents, see HERE

How to file an appeal in court? : 2 comments

Hello! Please tell me, does the appeal must be written in hard copy or can it be written by hand?

Appeal in an administrative case

Appeals regarding administrative matters served quite often. Considering that such disputes usually arise between legal entities, then this judicial appeal is often a working moment for many companies and government agencies. But anyway this document must be drawn up in compliance with all requirements, otherwise the claim may be refused.

Before proceeding directly to drawing up the claim itself, you should pay attention to where such appeals should be filed and for what reason, since many lawyers can be misled by the peculiarities of considering such claims. It should also special attention pay attention to the deadlines allotted for filing such requests. They are quite condensed, and therefore it is very important to have time to file an appeal to the court.

Often such appeals are sent for the reason that, in the opinion of the plaintiff, some legislative norms were incorrectly interpreted by the judge and the circumstances of the case or evidence were not taken into account.

This is also possible if some new circumstances were identified that, for objective reasons, initially could not be presented for consideration during the hearing by the court of first instance. In this case, supporting documents cannot be attached to the application; in order to consider them in the case, an additional application must be drawn up.

It is not always the party found guilty who files the appeal. This may also be the plaintiff in the case considered by the first instance, if some of his demands were not satisfied.

Any of the participants in the trial can file such a statement of claim if he does not agree with the court decision made in the case.

It is very important to pay attention to where exactly the appeal should be sent. A common mistake of novice lawyers is that they try to send such a statement of claim to the appellate authority. In fact, the appeal should be submitted through the authority that made the decision contested in at the moment.

That is, the appeal is registered through the office of the court of first instance, and then it independently forwards the claim to the appropriate competent authority.

This also has its advantages, because you do not need to wait until the appellate court requests all the materials of the case - usually they are transferred along with the plaintiff’s appeal.

Cases of administrative offenses are heard by appellate courts. The Court of Appeal can also be used to appeal decisions of magistrates' courts.

You can file an appeal within 1 month from the moment the official decision on the case was made. In this case, it does not matter which court’s decision the appeal is filed against - the deadline for appealing the decision will always be standard.

There are currently several ways to file an appeal. This can be done:

by bringing the claim to court in person;
by submitting a statement of claim by your representative. In this case, a notarized power of attorney will be required to represent the interests of the plaintiff;
send by mail. This can only be done by registered mail. A notification of delivery and an inventory of the attachment are required here.

However, experienced experts recommend not sending letters by mail. Although this is not directly prohibited by law, it can lead to a number of unpleasant consequences. After all, the date the complaint is accepted for consideration will not be the day it was sent, but the day it was received by the court. In some cases, the transfer period can be quite long and therefore the plaintiff risks simply not meeting the deadlines allotted for filing an appeal.

Also, no one is immune from the fact that a letter may simply get lost. Although such a situation belongs to the category of objective reasons for the delay in filing a claim, whether to take this factor into account or not will be solely at the discretion of the court if the plaintiff subsequently decides to file an appeal after the deadline.

That is why it is better not to risk it and bring the claim to court in person. If this is not possible, then transfer it through your official representative.

When filing an appeal, it is very important to comply with all the basic legal requirements for these documents. This is important primarily for the reason that you do not miss the deadline for filing appeals against a court decision. If you miss these deadlines, you may completely lose your right to review the case. For this reason, it is initially worth paying attention not only to the procedure for filing claims, but also to their preparation, namely the presence of mandatory clauses and compliance with the basic rules.

For all claims, the law provides for a strict list of mandatory points, without which the claim cannot be accepted for consideration initially. That is why you should pay special attention to them. To avoid mistakes, you can initially find a typical example of such an appeal and then simply enter into it your basic data specific to a particular case. But when filling out the necessary sections, it is also important to pay attention to some of the nuances of these issues.

A sample appeal in an administrative case must contain the following points:

If an appeal is filed in a case administrative offense, then it is subject to standard requirements typical for writing any statement of claim. In addition to the main points, it is also important to comply with the following requirements:

The text must be written exclusively in business style. You should avoid not only rudeness, which can lead to your application being rejected altogether, but also those statements that are used only in colloquial speech.
The essence of the issue should be stated as concisely as possible. At the same time, there is no need to re-write all the details of the case - this information is already in the file, which can be easily obtained in the archive. Instead, the emphasis should be on what decisions the court made and what it relied on (you can focus on specific facts taken into account from the words of witnesses, as well as on documents and evidence provided). Emphasis should be placed on exactly why the matter should be envisaged, what exactly should be taken into account in the first place, and from what perspective it should be considered. At the same time, it is unacceptable to make any digressions, to present one’s own reasoning on this issue, describe emotions - everything is stated strictly to the point.
If necessary, it is allowed to highlight some points in bold or underline them. This is allowed in order to visually delimit the text of the statement of claim, dividing it into specific subsections, as well as to focus additional attention on important circumstances of the case. There are no strict rules for filing claims, but it is considered unacceptable to use any text color other than black. It is also not recommended to use several font styles and sizes at the same time in one document.
If an appeal in a case of an administrative offense is filed on several sheets, then they must be numbered and then bound.
The document must be submitted with as many copies as there are participants declared in this process.
Claims are always typed on a computer. Although there is no direct prohibition at the legislative level in relation to handwritten statements of claim, this still significantly complicates the issue of their preparation. Also, if the plaintiff’s handwriting is illegible, then he can easily be denied consideration of the application, returning it for revision, which artificially delays the process.
In the text of the statement of claim, it is always necessary to focus on accurate data confirming the rightness of the plaintiff. When sending an appeal, you must indicate regulatory documents, which confirm the right to send this appeal, and also to which the plaintiff refers when requesting to reconsider the case. If the emphasis is on some supporting documents, then it is also important to indicate all their main details (numbers, dates of their preparation and issue, other essential details). Any important point in the case must not only be indicated, but confirmed important facts directly related to the essence of the issue.

Sample appeal in an administrative case

By general rule When an appeal is filed in an administrative case, it must be accompanied by a receipt for payment of the court fee. Without this financial document, the claim will not be accepted. At the same time, it is also important to indicate in the list of attachments that the receipt (or rather, its original) is attached to the judicial appeal.

It is also important to note that no additional attachments may be attached to this statement of claim. All materials are already available in the case, the review of which the plaintiff insists on. If necessary, they can all be requested. The same applies to the court decision. You just need to focus on its details and the judge will be able to independently request all the information of interest.

If suddenly some new circumstances appear in the case that the plaintiff wants to draw attention to, then they cannot simply be attached to the statement of claim. This will require writing a separate document in which the plaintiff asks to add additional evidence to the case. In this case, it is allowed to add to the case only those materials that, for objective reasons, could not initially be provided to the court of first instance during the initial consideration of the case.

Thus, many experienced lawyers, when drawing up such court appeals and subsequent consideration of disputes, are inclined to believe that filing an appeal in a case of an administrative offense is easier than the initial claim in the court of first instance. The most important thing is to follow the entire filing procedure and enter the necessary information on the case.

Appeal against a court decision. Appeal

Appeal against a court decision

An appeal against a court decision in a civil case, taking into account recent changes in legislation. Find out the rules for filing an appeal, download a sample complaint, read an example of an appeal, ask questions about its preparation to our lawyers.

What is an appeal against a court decision?

An appeal is a complaint against a court decision that has not entered into legal force. An appeal is filed if there is disagreement with the court decision. May be filed against decisions of any courts considered at first instance. Such a complaint can be filed against decisions of magistrates, district and city courts, regional, regional and republican courts, as well as decisions Supreme Court RF.

Persons who participated in the consideration of the civil case can file an appeal. Other citizens can file a complaint only if the decision will affect their rights and obligations; they will have to justify this fact in detail in the text of the complaint.

The appeal is considered by a higher authority - the court of appeal. Based on the results of consideration of the complaint, the decision may be cancelled, changed or left unchanged. The result of the consideration of the complaint is formalized by an appeal ruling. The issuance of an appeal ruling means the entry into force of a court decision.

The decision of the district court can be appealed to a higher court within 1 month from the date of its adoption. The period begins to run from the moment the reasoned decision is made. Usually, at a court hearing, the judge announces only the operative part of the decision, postponing the drafting complete solution for up to 5 days. The judge announces the date of production of the decision in final form when announcing the decision at the end of the court hearing. If this is not done, you need to clarify the date of production of the reasoned decision in court when receiving a copy of the decision.

How to file an appeal against a district court decision

An appeal is drawn up after receiving and studying a reasoned court decision. This will allow you to understand the logic of the court when making a decision, evaluate its arguments and criticize the circumstances established by the court. Without a reasoned decision, the appeal will be superficial and meaningless.

Sometimes, if the court delays making a reasoned decision, a short appeal is drawn up, which formally should take into account all the requirements for the appeal, but may not contain a complete substantiation of the applicant’s position. Such a complaint is drawn up in order not to miss the deadline for appeal. Then it will be possible to draw up an additional appeal, with a full substantiation of the position of the applicant of the complaint.

Heading of the appeal against the court decision

The appeal must indicate the name of the court where it is filed. The name of the court for appeal is usually indicated at the end of the court decision, as follows: “The court decision can be appealed within 1 month to ..... court.” If this name is not indicated, you can always find it yourself. Thus, decisions of district and city courts are appealed to regional, regional, and republican courts. For example, in the Moscow region, appeals are filed with the Moscow Regional Court, in Krasnodar region- to the Krasnodar Regional Court, and in Tatarstan - to the Supreme Court of the Republic of Tatarstan. In St. Petersburg and Moscow, appeals against decisions of district courts are filed with the St. Petersburg or Moscow City Court, respectively.

The appeal shall contain the full details of the applicant filing it. This is the last name, first name and patronymic without abbreviations, sounding as indicated in the passport. This is the address of the applicant’s place of residence or location; to this address the court will send notice of the time and place of the hearing of the case in the appellate instance.

The complaint must indicate its name - Appeal against a court decision so that the court has no reason to accept it as another document. The court decision that is being appealed must be indicated. The name of the court decision must contain the date the decision was made, the name of the court that issued it, the details of the plaintiff and defendant, and the essence of the plaintiff’s claims. The name of the solution is usually written in the installation part of the solution before the words: “Installed”. For example, the decision of the Tverskoy District Court of Moscow dated June 17, 2016 in a civil case on the claim of Ivan Ivanovich Ivanov against Petrov Petrovich for the collection of debt under a loan agreement.

Contents of the descriptive part of the appeal

In the descriptive part of the appeal, it is necessary to provide the reasons why the applicant does not agree with the court’s conclusions and considers the court’s conclusions to be incorrect.

When writing a narrative, you can simply describe why the court decision seems to the applicant to be illegal and subject to change or cancellation. But it is better to take as a basis the grounds for canceling the decision listed in Article 330 of the Code of Civil Procedure of the Russian Federation. Having found suitable grounds for cancellation, you can fill them with content, taking into account the specific circumstances of the civil case.

There is no need to reiterate the court's decision in the appeal. It is already in the case, the judges on appeal will definitely become familiar with it; citing excerpts and quotes from the decision will simply clutter the text of the complaint and make it difficult to understand. Try to make the descriptive part brief, in essence, so that it is clear what points the court of second instance should pay attention to, what exactly the applicant does not agree with. From the practice of lawyers, a good content of an appeal would be a text of no more than 3 pages of printed text.

Requirements in the appeal

After the grounds for cancellation, the text of the appeal must contain the requirements stated by the submitter of this complaint. Requirements cannot be arbitrary. they must comply with the powers of the appellate court (Article 328 of the Code of Civil Procedure of the Russian Federation). It is better to bring your requirements completely identical to those. which are specified in the law.

Thus, the following demands can be made in the appeal:

cancel the decision of the court of first instance completely and make a new decision in the case;
cancel the decision of the court of first instance in part and make a new decision in the case;
change the decision of the court of first instance in whole or in part and make a new decision on the case;
cancel the decision of the court of first instance completely and terminate the proceedings;
cancel the decision of the court of first instance in part and terminate the proceedings in part;
cancel the decision of the court of first instance in whole or in part and leave the application without consideration in whole or in part.

When a partial cancellation or change of a court decision is required, the appeal indicates in which part the applicant requests to cancel or change the court decision.

The above requirements correspond to the powers of the court of second instance, other demands cannot be stated, this will contradict the requirements of the procedural law and they cannot be considered by the court of appeal.

The requirements in the appeal are indicated after the words: “I ask.” It is better if several requirements are numbered and divided among themselves. if a new decision is required in the case, then in the requirements the applicant must indicate how it should sound. For example: “Make a new decision on the case, in which the plaintiff’s claims are completely rejected.”

Documents attached to the appeal against the decision

After the demands of the complainant, it is necessary to list all the documents attached to the appeal, and copies of the complaint must be attached. Copies are attached according to the number of persons participating in the case.

Also attached to the appeal is a receipt for payment of the state fee. unless the applicant is exempt from payment.

Pay attention! The amount of the state duty when filing an appeal is the State duty to the court.

Other documents, as a rule, are not attached to the appeal, since they are already in the materials of the civil case. If there is a need to attach additional evidence that was not presented in the case or was presented but rejected by the court of first instance, an additional petition for additional evidence must be drawn up. Such a petition can be cited in the text of the complaint or formalized a separate document(then indicate this request as an attachment to the complaint).

At the end of the appeal, the applicant must put his signature and the date of the appeal. The date of compilation does not have to coincide with the date of filing.

Filing an appeal against a court decision in a civil case

An appeal against a court decision is filed through the same court that heard the civil case. It is the judge of this court who decides on the possibility of accepting the complaint, performs the actions provided for in Article 325 of the Code of Civil Procedure of the Russian Federation, and then sends the complaint along with the civil case to the appellate court. If the complaint was sent to the court of appeal, it will still be returned to the court that heard the civil case to decide whether to accept it.

The deadline for filing an appeal, as already noted, is 1 month from the date of issuing a reasoned court decision. The missed deadline for appeal can be restored at the request of the applicant, which is submitted simultaneously with the complaint.

After filing an appeal, you must wait until it is accepted. If the appeal is accepted, the complainant will receive notice of the appointment of the case to the appellate authority. If the complaint is left without action, its shortcomings must be corrected. If the complaint is returned, you need to look at the reasons for the return and either restore the deadline or submit it to another authority. it is possible to appeal the court's ruling to return the complaint.

Complaint to the Court of Appeal - additional materials

In addition to the complaint itself and knowledge of its preparation and submission, the applicant will need additional information on the consideration of the complaint in the court of appeal, the procedure for appealing the actions of the court related to the acceptance and consideration of an appeal against a court decision in a civil case. Attention should be paid to the specifics of filing an appeal with justices of the peace.

Download a sample appeal. Fill it out based on your situation. It is necessary to strictly comply with the requirements for the content of the complaint, attached documents and filing deadlines.

(name of court of 2nd instance)

(full name, address)

Appeal against a court decision

“___”_________ ____ the court made a decision in a civil case on the claim of _________ (full name of the plaintiff) to _________ (full name of the defendant) about _________ (indicate the essence of the claims).

The court decision _________ (indicate how the case was resolved on the merits).

I believe that the court made an illegal decision for the following reasons _________ (indicate what the applicant does not agree with in the decision, why the court decision is illegal, what laws were applied by the court incorrectly when resolving the case, what circumstances were not clarified, what evidence was not examined by the court).

Based on the above, guided by Articles 320-322, 328 of the Civil Procedure Code of the Russian Federation,

To cancel the decision of _________ (name of the court) dated “___”_________ ____ in a civil case on the claim of _________ (full name of the plaintiff) to _________ (full name of the defendant) about _________ (essence of the claims).
Make a new decision on the case, which _________ (indicate how the case should be resolved in the appellate instance).

When considering the appeal, I ask you to accept additional evidence in the case _________ (give a list of additional evidence), which will confirm the following circumstances _________ (indicate legally significant circumstances in the case that can be confirmed by the evidence presented). I was not previously able to present the listed evidence for the following reasons _________ (indicate the reasons that prevented me from presenting additional evidence to the court of first instance).

List of documents attached to the appeal (copies according to the number of persons participating in the case):

Copy of the appeal
Document confirming payment of state duty
Additional evidence

Date of filing the complaint “___”_________ ____ Signature of the applicant _______

Download a sample appeal:

Download an example of an appeal:

Appeal(19.0 KiB, 4,244 hits)

Frequently asked questions about drawing up an appeal

How many pages should the appeal be?

The size of the appeal is not limited in any way. You can write it on one page or on several. However, I advise you to write it concisely and to the point, since reading large quantity the text makes it difficult to understand.

Is a statement about the statute of limitations admissible only in the court of first instance? Can this be stated in an appeal?

The limitation period is applied by the court only upon the application of a party to the dispute made before the court makes a decision. This application can be considered in the appellate instance only if the court decision is overturned. therefore, if there are other grounds for cancellation, for example, failure to notify of the time and place of consideration of the case, you can declare the deadline missed in the appeal

The Court of Appeal completely overturned the decision of the trial court in the civil case, since Art. 113 of the Civil Procedure Code, while the new decision made completely repeats the canceled decision of the first instance. What norms of the law did the court violate, on which to rely when appealing to the cassation court?

The appellate court may make a decision similar to that made by the trial court if the only violation is improper notification of the persons participating in the case, and in essence the court decision is correct and the substantive law is applied correctly.

I don’t understand why I should file a complaint through the district court? That is, I should write the same court in the header again? Or also the address of the higher court?

The appeal is addressed to a higher court, which is indicated in the header of the complaint, including the address. The complaint is physically filed with the court that made the decision.

Is it necessary to re-attach copies of documents already available in the case to an appeal in a civil case? Or is just a copy of the new documents enough?

The civil case is sent to the appellate court along with the complaint. The court of second instance will examine all the materials of the case, so there is no need to attach documents that are already in the case. New evidence can be attached to the appeal only if the appeal justifies the impossibility of presenting it to the court of first instance.

Is it possible to request the examination of witnesses on appeal?

The issue of questioning witnesses is resolved similarly to issues of presenting additional evidence. If their absence in the court of first instance was caused good reasons, then you can submit them to the appellate court, but this will need to be justified in detail. The same applies to the moment of re-interrogation of witnesses. They can be re-examined on appeal only on issues. which were not asked in the first instance, this needs to be justified in great detail.

Can this sample appeal be used for a criminal case or an appeal in an administrative offense case?

The presented sample appeal can only be used to appeal decisions in civil cases. In other cases, a different law, different content of the complaint, and different drafting and filing requirements apply.

Appeal: what documents to attach?

Everyday in the field traffic Hundreds of cases are pending in court. It seems that justice cannot be achieved peacefully, so the parties turn to court to resolve the problem. Here, of course, the best option is to transfer the case into the hands of an experienced road accident lawyer, but there are situations when you have to figure out how to draw up an appeal.

A sample in a civil case - an accident will also be discussed in our article. You should also discuss how to correctly compose this paper and what data needs to be included in it.

How to write an appeal for a road accident?

A trial is created to consider all sides of the issue, examine evidence and testimonies of witnesses. In some cases, additional examinations are prescribed to restore the full picture.

However, citizens often disagree with the court's decision. Some believe that the law was incorrectly applied to him, while others see that his evidence was not taken into account at all. In this case, an appeal regarding the accident must be drawn up.

How to create this document? Where should it be submitted, and what is the deadline for this?

An appeal against an accident is submitted to the court of second instance and only if the court party does not agree with the decision of the first. Since 2012, such decisions cannot be appealed in cassation. . The appeal procedure for consideration of the case is mandatory.

When is there a legal basis for an appeal? Article 330 of the Civil Procedure Code describes all these provisions.

The case may be reviewed and the decision canceled if all the circumstances of the case were not considered in the previous court.
If evidence that influenced the judges’ decision was not presented at the first trial.
If obvious inconsistencies with the resolution are found in the case materials.
If during the trial the rules of procedural or substantive law were incorrectly interpreted.

The law also prescribes situations when a decision must be canceled under any conditions:

decision on trial was not decided by the judges who should have been;
the composition of judges was incomplete;
the decision concerns someone who was not involved in the process and was not given full notice of the trial;
the signature in the court decision does not belong to the judges who participated in the process, or it does not exist at all;
there is no protocol in the case materials;
During the decision-making process, the secrecy of the meeting of judges was violated.

In all these situations, a court participant who does not agree with the decision has the right to draw up a document such as an appeal of an accident. A sample and items that should be included in this document will be discussed below.

For filing an appeal, the law strictly stipulates a period of 1 month from the date of the decision. Which authorities have the right to review cases on appeal?

An appeal of the magistrate's decision will be heard by the district court.
Challenging decisions of district and garrison military courts can occur in the regional, regional, federal, autonomous, district and supreme courts of the republic.
The following authorities for filing an appeal will be:
Judicial Collegium for Civil Cases of the Supreme Court;
Collegium for Administrative Cases of the Supreme Court.
The decisions of the courts mentioned in paragraph 3 may be appealed to the Appeals Board of the Supreme Court.

Important! When an appeal is filed in a road accident case, it must be submitted to the court that has already made a decision. Also, the application cannot include wishes or demands that have not been considered in a lower court.

What procedural actions are prohibited during the appeal process?

Modification of original claims.
Filing a counterclaim.
Change in the identity of the defendant.
Involvement of third parties.

Important! If you have not presented any evidence to the court of first instance, it cannot be presented later, unless it can be proven that it was impossible to present it earlier.

name of the court where he is going, address;
plaintiff's details, details;
a reference to the previous decision that is subject to cancellation or revision, as well as the full name of the previous court;
evidence that the plaintiff can refer to that confirms that the previous decision may have been unfair;
regulatory documents, data from which serve legal basis to review the case;
subject of dispute;
the plaintiff's claims and arguments;
list of applications.

The document must be signed. If the case is being conducted by a representative, then you must attach a copy of the notarized power of attorney.

Important! Do not forget to attach a copy of the receipt for payment of the state duty to your complaint. Otherwise, your application may not be accepted.

Like others statements of claim, which are used in judicial matters, such a complaint must also be in a number of copies equal to the number of parties. If the complaint is not accepted, you will be given a period during which you can eliminate the violations and resubmit documents for consideration.

If you decide not to appeal, you can do so by making an application to the court that will hear your appeal.

What can be decided by the appellate court?

Such a court may make the following decisions:

leave the previous decision in force, leaving the complaint unsatisfied;
cancel or change it;
make a new decision in whole or in part;
stop business;
leave the complaint without consideration (most often if the deadline for filing a complaint has expired).

If you are not satisfied with the appeal decision, you have the right to file a cassation appeal to a higher court.

What should an appeal look like?

An appeal for an accident on the part of the plaintiff is drawn up as follows. In the “header” in the upper right corner you must enter the following data:

name and address of the court;
details of the plaintiff (applicant), indicating passport details and contacts.

In the center of the sheet we further write with capital letters: “Appeal.” In case of road accidents on the part of the defendant, such cases are considered no less often than those at the request of the plaintiff. The text of the document must indicate which court decision is being challenged, its number and date of adoption.

In the main part of the document you need to describe on what grounds you disagree with previous decision. It is important to provide links to regulatory legal acts. Otherwise, the court may consider the complaint frivolous.

What should I attach to the document?

Among the documents should be those that will show the court on what issue you appealed:

a copy of the previous decision;
copies of the receipt confirming that the complaint was sent to all participants in the process;
a copy of the receipt for payment of the state duty.

Even if the previous decision has not yet entered into force, an appeal against the accident is filed. Mutual guilt, disputed guilt or the issue of payment of compensation - all this is considered on appeal.

Sample letter of appeal for a road accident

In _____________ city court

From the Defendant: __________________________
Address: _________________________

Plaintiff: __________________________
Address: __________________________

Appeal
To the decision of the ___________ district court of _______ dated __________.

The _____________ district court of the city of _________ is in the process of civil case No. ________ regarding the Claim of ____________________ to ______________________ for compensation for damage caused as a result of a traffic accident.
By the decision of the __________ district court of the city of ________ dated ______________, the claims of ___________ against ____________ were satisfied. Damages in the amount of ____________ rubles were awarded in favor of the Plaintiff. ___ kop. And legal expenses in the amount of _________ rub. __ kop.
The defendant does not agree with this court decision, considers it illegal, unfounded, made in violation of substantive and procedural law, and subject to cancellation on the following grounds.

Thus, as indicated in the text of the court decision, the Defendant - ____________ did not appear at the court session, was duly notified of the place and time of the court session by telegram, however, according to the notice after the telegram, he did not appear, which the court considers an abuse of his rights, and considers it possible to consider it's his absence.

In accordance with Art. 116 of the Code of Civil Procedure of the Russian Federation, a judicial summons addressed to a citizen is handed over to him personally against a signature on the counterfoil of the summons to be returned to the court. A summons addressed to the organization is served on the relevant official, who signs for its receipt on the spine of the summons.
In accordance with Art. 17 of the Code of Civil Procedure of the Russian Federation, if the addressee refuses to accept a subpoena or other judicial notice, the person delivering or handing it over makes an appropriate mark on the subpoena or other judicial notice. judicial notice who return to court.
In accordance with Art. 119 of the Code of Civil Procedure of the Russian Federation, if the location of the defendant is unknown, the court begins to consider the case after the court receives information about this from the last famous place residence of the defendant.

Thus, the court has no information about my refusal to accept the summons, about my change of place of residence/stay, and therefore, the court had no grounds to begin considering the case in my absence. I personally did not receive or sign the postal notice of the telegram, and therefore could not know about the court hearing scheduled for September 24, 2013.
Judge ______________ violated the requirements of civil procedural legislation, which is the basis for canceling the decision of the trial court on appeal.
Without receiving a summons for the upcoming court hearing, the Defendant was deprived of the opportunity to participate in the process, submit objections and evidence to the court in support of his arguments. Judge _______________ violated the Defendant's procedural rights, which led to the court making an incorrect decision.
The defendant was not properly notified of the time of the court hearing, did not abuse his rights, and did not receive notice of the telegram.
Moreover, please take into account that violations of procedural rules of law can be traced throughout the entire conduct of the case. In particular, in violation of the requirements of the Code of Civil Procedure of the Russian Federation, the judge missed the five-day deadline for preparing the decision, as well as the deadline for sending it to the parties to the case. The decision dated ________ was prepared for sending to me only ________, but according to the postal stamp on the envelope, the post office did not accept it for sending until ___________.
In accordance with Art. 46 of the Constitution of the Russian Federation, everyone is guaranteed judicial protection of their rights and freedoms.
So, in accordance with Art. 330 of the Code of Civil Procedure of the Russian Federation, the grounds for canceling or changing a court decision on appeal are, inter alia, violation or incorrect application of substantive law or procedural law.
Moreover, in accordance with paragraph 4 of Art. 330 of the Code of Civil Procedure of the Russian Federation, the grounds for canceling the decision of the court of first instance in any case is the consideration of the case in the absence of any of the persons participating in the case and not properly notified of the time and place of the court hearing.

Based on the above and guided by Chapter 39 of the Code of Civil Procedure of the Russian Federation

I ASK:
1. The decision of the __________ district court of the city of ________ dated ________ is canceled as illegal.

Application:
1. Receipt for payment of state duty;
2. A copy of the decision of the __________ district court of the city of ________ dated ___________;
3. Copies of the appeal according to the number of persons participating in the case;

" "_______________ G. _____________/_____________