As you know, while the initial decision of the court has not yet time to enter into force, each party has the right to submit a request to revise this case in the appellate court, but many people do not know how the order and time term today appeal complaint.

It should be immediately noted that the right to apply for an appeal appeal to this decision belongs not only to the parties accepting direct participation in the process, but also to other persons who were involved in it. Also, the term of consideration of the appeal is also envisaged for those people who were not attracted to participation in a certain case, if the question relating to their rights and obligations was considered by the court.

Who does this do?

The following instances are engaged in consideration of such statements:

• District Court, dealing with the decisions of the magistrates.
• Supreme Court of a Certain Republic or urban instance federal significance (This also includes the courts of autonomous regions and districts).
• The judicial board dealing with the issues of civil matters of the Armed Forces of the Russian Federation, as well as a special judicial board engaged in the administrative affairs of the Armed Forces of the Russian Federation, considering the solutions of the Supreme Courts of various republics, regional, regional and federal destinations.
• The Appeals Collegium of the Armed Forces of the Russian Federation, which considers various decisions of the Armed Forces itself, received by the first instance.

General procedure and term

To begin the term of consideration of the appeal, you first need to submit it directly through the institution that has taken an inappropriate decision, and this can be done for one month from the day as it was approved.

In itself, such an application should include the following information:

• The name of the judicial instance in which the complaint is submitted.
• The name of a particular person who serves this complaint, including its exact place of residence or stay.
• An indication of this or that solution that is considered illegal.
• Specific requirements on the part of a facial complaint, as well as all available grounds, because of which he believes this solution incorrect.
• List of documents applied by the applicant to his own complaint.

Appeal complaint district Court Or other institutions cannot include various requirements that did not declare in the process of consideration of this case in the first instance.

The introduction of new references to any additional evidence that was initially not attached to this case are envisaged only if such adjustments have a significant base in the complaint filed, and if such evidence has not been possible to submit during the main process of consideration.

An appeal against the decision of the district court, as in the case of any other instance in obligatory Must be signed by the feeding person or his authorized representative. If the complaint is submitted by the representative, then in this case it necessarily attaches the relevant power of attorney or any other document certifying the existence of relevant authority if it has not been provided before.

A document must be attached to the complaint, which could confirm the fact of payment of duty, if this complaint provides for the need to make payment. The appeal instance should also be required to claim, in addition to the presentation, complaints and all the attached documentation, also copies of these documents in an amount equal to the total number of persons participating in this process.

Leaving without movement

In the case of an appeal, which does not match established requirements, or without making appropriate payment set state dutyThe judge must not more than five days after its receipt to make a definition, according to which it will be left without movement, as a result of which the person who filed it receives a certain time to correct all the flaws.

In the event that the submitting person is stacked at that time he provided an appeal instance, that is, it time to fulfill all the instructions contained in the definition, then all documents are considered to be filed on that day when they initially enacted the court.

Return

There are several situations in which a person can return his complaint:

• Appeal (example above) returns if set time The applicant does not fulfill the established instructions of the judge, which were kept in determining its leaving without movement.
• The appeal is over if it does not contain any requests for the need to restore of this period Or it was denied.

It is also worth noting that the appeal (example above) can be returned at the request of the applicant, if until this point the case has not yet been aimed at consideration by the court appeals instance. Return is carried out solely on the basis of the relevant definition of the judge.

What does the court of first instance do?

After the court of first instance is provided with an appeal against a criminal case or any other violations, and at the same time the document was submitted within the prescribed period and fully complies with the requirements defined current legislationThis institution sends to each person who participates in this case, copies this statement, presentations, as well as all documents that are attached.

Each person or party participating in the case has the right to submit a written objection to the court of first instance, making documents to him that could confirm the cause of these objections. It should be noted that this objection must be provided with copies in an amount equal to the number of participating persons in the case - just as the appeal against criminal case and other issues are served. Accordingly, all parties appear right to fully familiarize themselves with the materials of the specified case, the peculiarities of the complaint received and various objections about them.

After the appeal period expires, the court of first instance sends the case under consideration along with the complaint and objections to the relevant instances. It should be noted that the appeal against the sentence cannot be sent to the appropriate court before the appeal will expire.

Renouncement

The rejection of the filed complaints is envisaged until the court makes a definition. The application must be submitted to writing to the appropriate judicial authority. After that, the definition is made that the institution takes refusal, and the appeal against the ruling or sentence is no longer considered, as a result of which production is completely stopped.

Special attention should be paid to the fact that the cessation of production under the appeal provided due to the refusal of it is not any obstacle to considering the other filed complaints in the event that this decision appeals some other faces.

Refusal of the claim, recognition of the settlement agreement

In the process of how the an appeal of an administrative case or other controversial issues is considered, refusal of the claim, his adoption of the defendant or the conclusion of the global part of the parties must necessarily be supported by statements drawn up in writing. If such cases were declared at the court hearing, then in this case they are instantly entered into the protocol court session And subsequently sign all aspects of the case under consideration.

The procedure for consideration of the appeal provides for complete cessation of the proceedings, if a refusal of the claim or the approval of the settlement agreement is provided. If the defendant recognizes the claim and accepts it, then in this case it is decided that the claims presented by the plaintiff completely satisfied.

How is this process?

First, the reasons for which the complaint is served. This can be done, for example, if the circumstances that are significant for the case are incorrectly determined, or it deals with the unprotence of the circumstances established by the court of first instance. It is also worth noting that the submission of such a statement can be carried out in the inconsistency of the conclusions of the court of first instance by the circumstances of the case under consideration or with the incorrect application of the norms of procedural and material rights. If the appeal appeal was not missing, and it fully complies with the requirements, a meeting is appointed.

Initially, all persons who participate in this case receive a notice from the court of appealing about what time and in where the consideration of this issue will be considered. At the same time, it is worth noting the fact that after an appeal was made, the case should be considered collegially in the courts of relevant instance (with the exception of district courts).

The meeting opens the judge-chair, which announces to all those present, which is currently being considered, on whose complaint it is currently being considered and the decision of which particular institution this complaint has been submitted. After that, it is established who of the persons participating in this case at the moment appeared at the meeting, the authority checks officials And their representatives, as well as a detailed explanation of all those present by their procedural rights and obligations.

The collegial consideration of the case begins with the report, which is leading the judge, chair or one of the participating judges. The speaker sets out in detail the main circumstances of the case under consideration, the main content of the decision of the court of first instance, as well as the various arguments of the suggested complaint and the objections that came across it. Ultimately, new evidence provided by the court is listed, as well as all other information that will need to be considered to conduct a detailed verification of the decision of the court of first instance.

After the end of the report, the explanations of each person, who appeared to the meeting and participates in this case. First of all, the person who filed this complaint (or the representative authorized). If the decision on the appeal will be carried out due to appeals from each of the parties, then in this case the plaintiff will be the first.

After a detailed consideration of the explanation of each Party, if there is an appropriate application, all evidence is announced, which will currently be considered in this process, then new evidence taken after making a complaint. Ultimately, all persons are given the opportunity to conduct judicial debate in the same sequence in which the expression was carried out.

Throughout each individual meeting, as well as in the process of performing various procedural action Outside this meeting, the protocol is constantly being conducted.

Limits

The appeal instance may consider it solely within the arguments that were set out in the complaint provided and various objections on it. A detailed estimation of all the evidence available in the case is carried out, including those that were presented additionally. The latter can only be accepted if the person participating in this process has been able to prove the impossibility of providing them at the time of the initial consideration of the case, that is, the causes of this were recognized by the court respectful.

In the event that, in the process of appeal production, an appeal is considered only a certain part of the decision, the verification of the legality and validity of the verdict of the verdict is considered only in this veneer. At the same time, in the interests of legality, the appellate instance always remains the right to verify the decision of the court completely.

Regardless which arguments include an appeal complaint, the appellate instance carries out a detailed verification of whether the norms of procedural law were violated in the process of consideration of the main case, which could cause the decision made. New requirements that are not initially considered in court will not be accepted and, accordingly, to be considered by the appellate instance.

Timing

Consideration of the appeal case must be considered over two months after all documents were submitted and the state duty is paid for the appeal. The Armed Forces of the Russian Federation deals with the consideration of the case for three months after its receipt. At the same time, the following decisions may be made in the process of consideration of this issue:

• The decision of the court is left without any changes, and the complaint naturally is not satisfied.
• The court decision is canceled or varied in part or completely, after which a new decision is recognized in the case.
• The court decision is canceled or varied in part or completely, after which the proceedings are completely terminated or the application is left without consideration.
• The complaint is left without consideration, if, after the established period, it was not possible to resolve the issue regarding its recovery.

The judgment of the court is made in the form of a special definition, and it indicates:

• date and place in which this definition is made;
• name of a judicial institution engaged in this definition, as well as the composition of judges;
• the person who filed a complaint;
• summary Decisions made by the court, as well as all explanations and evidence derived from those involved in the consideration of this case;
• all the circumstances of the case under consideration, which set the appeal, as well as the conclusions made by the results of consideration of the issue;
• the motives that led the composition of the court to certain conclusions, as well as references to the existing laws, which were guided by the judicial authorities.

If the complaint is left without satisfaction, then in this case the instance is necessarily indicated by what motives it was done. In a drawn up definition of the appellate instance, it is necessarily indicated by the distribution of various court costs between all parties, including various expenses that were incurred due to the provision of this complaint. The definition of such a trial comes into force immediately after it was accepted.

There are a lot of reasons for which after the term of consideration of the appeal will expire, a decision may be made to complete the cancellation of the decision. Often reject decisions due to the consideration of the case in the illegal composition or lack of some individuals in the process of consideration, there are such situations that the rules on the language are violated on which the court proceeds is carried out. That is why if you found some such violations, you should always appeal them and seek a fair sentence.

The appeal is the phrase that we hear much more often than it seems. Looking through the transfer of court sessions or seeing similar scenes in movies, it can be noted that the judge after the sentencing or decision of the court often mentions this document. People who are not facing litigation often do not know his meanings, as well as why, where and for what time the complaint is filed. In this article we will analyze the CCP. After all, knowledge of the subtleties of civil production will never hurt.

Appeal complaint: concept

Appeal is a document in which the parties express their disagreement with the decision made by the court of first instance as a result of the proceedings. For a more detailed understanding we will analyze the standard situation in this case. Suppose a citizen of Petrov performs in judicial proceedings As the plaintiff in the case of causing damage to its property. The defendant speaks some of Ivanov, who does not recognize guilt, and pay the claimant material damage refuses. Ultimately, the court decides that the evidence against the defendant is not enough, and the lawsuit of Petrov does not satisfy. In this case, Petrov has legal right appeal the court decision, so it constitutes the appeal. The same right to file it has any side of the proceedings in disagreement with the court decision.

If the court recognizes the defendant Ivanov guilty and inherent to him the payment of damage, the defendant also has the right to disagree with this decision to submit an appeal. That is how appeal production occurs. It can be initiated by both sides, as well as the prosecutor participating in the case.

The Appeal of the CCP, in addition to disagreement, must contain and the requirements for the court. They can be conclusted in changing the content of the solution or its complete cancellation. In other words, it is impossible to disagree with the court decision. It is necessary to bring reasonable arguments indicating that the verdict was incorrect.

How to make?

Since the appeal is a document, it must correspond established by law Requirements.

First, it should be started with the name of the Court, in which it is served. If the document be started from another item, it may not be taken to consideration.

Secondly, all persons participating in the appeal must be mentioned in the appeal judicial process. If when applying of the statement It is enough to indicate the plaintiff and the defendant, then in the appeal it is necessary to name all third parties, including the prosecutor participating in the proceedings.

Thirdly, the details of the decision of the court decisions must be indicated in appeal. Further, on the points should be revealed all moments in which, according to the person applied, violations of the legislation and the application of the rules of law were allowed.

Fourthly, the requirements and wishes should be indicated. The court will focus on them when deciding.

Where to apply the appeal?

After the complaint is drawn up, it arises quite a logical question: "In which court it needs to be filed?" The Appeal of the Code of Civil Procedure is considered in each individual case by various ships. Complaints on solving one body for the protection of the rights and interest of citizens consider completely different, herd.

• The appeal against the District Court is filed with the aim of challenging the decisions adopted by law enforcement agencies. At the same time, the person feeding the complaint should not be sent to the organization personally. It is served in the office of the institution that has decided. In this case, this is the world court. From this instance, the complaint will be directed to the higher for its further consideration.
• A appeal in the regional court or other establishment of the subject of the Autonomous Okrug, the Republic, the Autonomous Region) is filed for challenging the decisions taken by the district body to protect the rights and interests of citizens.
• Appeal complaint to the judicial board for consideration of civil cases Supreme Court Russian Federation Served to challenge solutions law enforcement The constituent entities of the Russian Federation, which were accepted by them as a court of initial (first) instance.
• The appeal against the Board of the Russian Federation of the Russian Federation is filed for challenging decisions that were adopted as an organ of initial (first) instance by the Supreme Court of the Russian Federation.

Orders affecting the consideration of appeal by various vessels are enshrined in Article 320 (clause 1) I would also like to mention that any appeal, filed immediately to the court, which should consider it, will not be adopted. It is served exclusively through the body that has decided.

Category of appeal

In criminal I. civil Procedure The deadlines for filing an appeal will differ significantly. The appeal in the civil time is possible within a month. In accordance with Article 107 and 199 (3 hours) of the Civil Procedure Code, the countdown of this period begins from the next day after the final motivated court decision is made. This period ends on the same day as I started, but next month. In other words, if in the document indicated on September 1, 2016, then its validity period will end on October 1 of the same year.

At the person who submitted an appeal complaint, there is a legitimate right to refuse it. This can be done at any stage of the appeal proceedings, but before the definition of a court of a second instance. After that, it is impractical to refuse a complaint. Since if mistakes are found in the first solution, the refusal of the complaint will not be a reason to leave these moments without attention. If the decision is left in initial form, it is not required to call it.

The rejection of the complaint should be filed in writing to the court, considering it, that is, in the appeal. In the event that the complaint has not yet been sent to the first institution, the response to the application is submitted to the court, which made a decision on civil business.

Restoration of missed time

The legislation of the Russian Federation provides for the right to restore the missing period in which appeal is possible. For this, a person who missed the deadlines in which appeal is possible, should apply to the court, considering the case with a petition for the request for the restoration of this term. At the same time, an appeal complaint should be filed with this statement.

At first, the court will decide the question associated with the recovery of the suggestion of the complaint, and only when making a positive decision, it will be accepted for the appeal itself. Renewal of this term is possible only if there is good reasonswho prevented the timely appeal.

Good reasons for recovery

Causes can be recognized as respectful in the following situations:

• If the court properly did not explain to the participants, in which order and what time it is an appeal in a civil case. Such situations in practice occur infrequently, but still take place. Since the court's responsibilities include explaining this issue to all parties to the case, then, if these duties fail, the court is recognized as the guilty party in the passage of the term, so the parties as affected persons have the right to resume appeals.
• In the event that a person has no opportunity to file an appeal for reasons, independent of it. For example, if he was seriously ill, was in the health facility, detained and placed in the remand insulator, stolen, etc.
• In the event that persons interested in the court decision, were present when making a decision and received it a copy in the time limits that do not allow a complaint. This is possible in those situations where the court decision was not awarded by mail employees to the destination at the designated period, or if the relevant documents were sent from the Office of the Court.

Leaving complaints without attention

In cases where the complaint does not comply with the requirements for its preparation, the court has the right not to subject the document to further consideration. Such a decision should be made within five days from the date when the complaint entered the court. The decision is made in the form of a court definition. It indicates the timing, during which a person who has submitted a complaint should correct all non-compliance with the requirements. If the Appeal of the CCP will be corrected in accordance with the law, the court will be obliged to accept it.

Appeal objections

After the court of first instance takes the appeal, he has a duty to send to each person who participates in the case, a copy of this document. This norm is clearly spelled out in this so that the case participants are notified about this circumstance and have the opportunity to submit their objection at the prescribed time regarding the complaint. The objection is submitted in writing to the court, which decided.

The term of appeal appeal

Submit your parties during the time set by the court. In other words, in each case, the court independently decides the question of timing. They should be intelligent: takes into account the delivery time correspondence to the parties of the process, the complexity of the case and other meaningful circumstances. Before this period expires, the court is not entitled to transfer the complaint to the superior instance for consideration.

Procedure for consideration of the case

After all the deadlines are observed, the complaint is submitted further to the court of the second appeal instance. This body, after studying all documents, is obliged to notify the participants of the case on what time and in where the complaint will be considered.

The case is renewed, but already another court, in accordance with the same rules as last time.

The composition of the court

All cases received in the appeal instance are considered collegially, that is, the board of judges. The exception is only district organizations. One of the judges is allocated one chairman - it opens the meeting and reads all the decisions. But despite this, all the judges have an equal right to vote. Questions are solved by voting.

The decision of the First Court may be canceled or changed, if, for example, errors were made during the case. Such can be the lack of signature of the judge on the document or data of another official not specified in this proceedings. However, only typos and formal moments cannot cause the cancellation of the decision, if otherwise it is rendered correctly.

The absence in the obligation of the obligation of which lies at the secretary, may cause cancellation judicial decision. It is also canceled if the judge interpreted the law is incorrect. It is in order for the law to be interpreted true, and a collegial way to make a decision is applied. If the decision takes several judges at once, the likelihood that the law will be incorrectly understood significantly decreases.

Terms of consideration of the complaint

All cases considered in the court of the second (appellate) instance by civil mattersmust be performed on time defined by two months from the day when the complaint entered the court. At the same time, the time of receipt of the complaint is taken into account in the second court. The deadlines for filing and the time of its consideration in the court of initial (first) instance in this case are not taken into account.

Otherwise, things are dealing with the Supreme Court of the Russian Federation. For him, a period of not more than three months has been installed. This is due to the fact that the Supreme Court considers the most difficult complaints.

Appeal of the decision of the Court of Appeal

The solution is the same as in the first case, it can be appealed. In practice, this happens infrequently, since the parties usually stop at the appellate stage. If this does not happen, the individuals submit to the complaint already on the decision of the Court of Appeal. It is called cassation.

To file cassation appeal, have a six-month period from the day when a decision of a second instance was made.

Decisions of the court of first instance not entered into legal forcemay be appealed in appeal in accordance with the rules provided for by this Chapter.

The right to appeal appeal to the court decision belongs to the parties and other persons participating in the case. The right to bring the appellate presentation belongs to the prosecutor participating in the case.

The appeal is also entitled to submit persons who were not attracted to participate in the case and the question of rights and the responsibilities of which was resolved by the court.

Article 320.1 Code of Civil Procedure of the Russian Federation. Courts considering appeals, presentation

Appeals complaints, ideas are considered:

district Court - on the decisions of global judges;

the Supreme Court of the Republic, the regional court, the regional court, the court of the city of federal, the court of the Autonomous Region, the Court of Autonomous District, District (Fleet) by the Military Court - on the decisions of district courts, the decisions of garrison military vessels;

Judicial board According to civil cases of the Supreme Court of the Russian Federation, the judicial board administrative deeds Supreme Court of the Russian Federation - on the decisions of the Supreme Courts of the Republics, regional, regional courts, vessels of the cities of the federal significance, the Court of Autonomous Region, ships autonomous districtsadopted by them at the first instance; The military board of the Supreme Court of the Russian Federation - on solving district (naval) military courts, adopted by them at the first instance;

The Appeals Collegium of the Supreme Court of the Russian Federation - on the decision of the Supreme Court of the Russian Federation, adopted at the first instance.

Article 321 Code of Civil Procedure of the Russian Federation. The procedure and deadline for filing appeals, submission

Appeals complaint, submission is filed through a court decision. Appeals complaint, the presentation received directly to the appellate instance is subject to direction in the court, which made a decision, for further actions in accordance with the requirements of Article 325 of this Code.

Appeals complaint, submission can be filed within a month from the date of the decision of the Court in the final form, unless otherwise established by this Code.

Article 322 Code of Civil Procedure of the Russian Federation. CONTENT OF APLATING COMPLETES, PUBLICATIONS

Appeal complaint, performance must contain:
1) the name of the court in which the appeal complaints is submitted;
2) the name of the person submitting a complaint, presentation, its place of residence or location;
3) an indication of the court decision, which appeals;
4) the requirements of the person submitting a complaint, or the requirements of the prosecutor bringing a submission, as well as the grounds for which they consider the decision of the Court is incorrect;
6) List of attached to the complaint, submitting documents.

In appeal, the submission cannot contain the requirements not stated when considering the case in the court of first instance.
The reference to the appeal, or the prosecutor bringing an appeal presentation, on new evidence that was not submitted to the court of first instance, allowed only if justified in these complaints, the submission that these evidence was impossible to submit to the court of first instance.

The appeal is signed by a person who has a complaint, or his representative. A power of attorney or other document certifying the authority of the representative should be attached to the complaint filed by the representative.
The appeal view is signed by the prosecutor.
4. A document confirming the payment of state duty is attached to the appeal, if the complaint is subject to payment.
5. Appeals complaint, the presentation and documents attached to them are represented with copies, the number of which corresponds to the number of persons participating in the case.

Article 323 Code of Civil Procedure of the Russian Federation. Leaving appeals, ideas without movement

When applying for appeals, submissions that do not meet the requirements provided for in Article 322 of this Code, when submitting a complaint that has not paid for the state duty, the judge is no later than five days from the date of receipt of the complaint, the presentation makes a definition that leaves the complaint without movement, and prescribes a person who has submitted a complaint, performance, reasonable time To correct the shortcomings of complaints, presentations, taking into account the nature of such shortcomings, as well as the place of residence or the place of finding a person who has submitted a complaint.
2. In the event that a person who has submitted appeal, representation, will perform the indication within the prescribed period contained in the definition of the judge, complaint, is considered to be submitted on the day of the initial receipt of them to court.
3. On the definition of the judge to leave the appeals, the presentation without a movement can be filed a private complaint, the presentation of the prosecutor.

Article 324 Code of Civil Procedure of the Russian Federation. Return of appeals, performances

The appeal is returned to the face that submitted a complaint, the appeal representation - the prosecutor in the case of:
1) non-compliance with the deadlines for the indication of the judge contained in the definition of the ability to leave the complaint without movement;
2) the expiration of the appeal period, if in the complaint, the submission does not contain a request for the restoration of the period or in its restoration refused.

The appeal returns also at the request of the person who submitted a complaint, the appeal view - when recalling his prosecutor, if it was not aimed at the appellate court.

The return of the appeal to the face that submitted a complaint, the appeal view of the prosecutor is carried out on the basis of the definition of the judge. On the definition of the judge about the return of appeals, the presentation may be filed a private complaint, the presentation of the prosecutor.

Article 325 Code of Civil Procedure of the Russian Federation. Court of first instance after receiving appeals, submission

The court of first instance after receiving appeals, submissions filed in Article 321 of this Code, the deadlines and appropriate requirements of Article 322 of this Code, are obliged to send persons participating in the case, copies of complaints, submissions and documents attached to them.

Persons participating in the case are entitled to submit to the court of first instance of objections in writing regarding appeals, submissions with the application of documents confirming these objections, and their copies, the number of which corresponds to the number of persons participating in the case and have the right to familiarize themselves with the case materials, With the complaint, presentation and objections regarding them.

Upon expiration of the appeal, the court of first instance sends a case with appeal complaint, presentation and objections on them on the appellate court.
Before the expiration of the appeal, the case cannot be sent to the court of appeal.

Article 326 Code of Civil Procedure of the Russian Federation. Refusal of appeals, submission

The refusal of appeals, the presentation is allowed before the appeal definition by the court.

Application for refusal of appeals, submission is filed in writing to the appellate court.

On the acceptance of the refusal of appeals, the submission of the appellate court makes a definition that ceases production according to the relevant appeal, representation.
The cessation of the production complaint, the presentation due to the refusal of them is not an obstacle to the consideration of other appeal complaints, ideas, if the relevant decision of the court of first instance is appealed by other persons.

Article 326.1 Code of Civil Procedure of the Russian Federation. Refusing the plaintiff from the claim, recognizing the claim by the defendant, the settlement of the parties in the court of appeal

Refusal to the claim, recognizing the claim by the defendant or world Agreement Parties committed after the adoption of appeals, submissions, should be expressed in the appeal court submitted in writing. In the event that the refusal of the plaintiff from the claim, the recognition of the claim by the defendant, the conditions of the region of the parties were declared at the court session, such a refusal, recognition, the conditions are recorded in the trociety of the court session and are signed by the plaintiff, respectively, the defendant, the parties to the settlement agreement.

The procedure and consequences of consideration of the statement on the refusal of the claimant from the claim or statement of the parties to the conclusion of the settlement agreement are determined by the rules, installed parts The second and third article 173 of this Code. When making refusal of the claimant from the claim or when approving the World Agreement of the Parties, the court of appeal cancels decision Court and ceases production in the case. In case of recognition by the defendant, the claim and its adoption by the appellate court decides to meet the claims declared by the plaintiff.

Article 327 Code of Civil Procedure of the Russian Federation. The procedure for considering the case by the court of appeal instance

The Court of Appeal informs those involved in the case, about the time and place of consideration of the complaint, presentation on appeal.
The appellate court re-examines the case at the court hearing according to the rules of production in the court of first instance, taking into account the features provided for by this chapter.
Cases in the courts of appeal, with the exception of district courts, are considered collegially.

The session of the appellate court opens the judge-chair, who announces what the case is considered, on whose appeal, it is subject to consideration and the decision of which court is filed with these complaint, the presentation, finds out who among those involved in the case, their representatives appeared, establishes the personality of those who are checking the powers of officials, their representatives and explains to persons participating in the case, their procedural rights and duties.
The consideration of the case in the court of appeal is collegially begins with the report of the judge chairman or one of the judges. The judge-rapporteur sets out the circumstances of the case, the content of the decision of the court of first instance, the arguments of appeals, submissions and admitted about them the objections, the contents of new evidence submitted to the court, and also report other data that the Court must be considered to verify the decision of the court of first instance.

After the report, the appellate court hears the explanations of the people who participated in the case, their representatives. The first is a person who has submitted an appeal, or his representative or a prosecutor if the appeal representation is brought. In case of appealing the decision of the court, both parties are the first plaintiff.
After the explanations of the person who submitted the appeal, or the prosecutor, if they were brought by an appeal presentation, and other persons participating in the case, their representatives of the appellate court, if there are appropriate applications, the evidence existing in the case, after which it passes to the study of new accepted by the court evidence.

At the end of the clarification of the circumstances of the case and research of evidence, the appellate court provides persons participating in the case, the opportunity to speak in judicial debates in the same sequence in which they gave explanations.

In the course of each court session of the court of appeal, as well as in the commission of individual procedural actions, outside the court session, a protocol under the rules provided for by Chapter 21 of this Code are conducted.

In court, the appellate instance does not apply the rules for the connection and separation of several claims, on the change in the subject or reason for the claim, about changing the amount of claims, about the presentation of a counterclaim, about replacing the inappropriate defendant, about attracting third parties to participate in the case.

Article 327.1 Code of Civil Procedure of the Russian Federation. The limits of the consideration of the case in the court of the appellate instance

The appellate court considers the case within the arguments set out in the appeal, representation and objections regarding the complaint, submission.
The appellate court assesses the existing in the case, as well as additionally presented evidence. Additional evidence is accepted by the court of appeal, if the person participating in the case has substantiated the impossibility of their submission to the court of first instance for reasons that do not depend on it, and the court recognizes these causes respectful. On the adoption of new evidence, the court of appeal makes a definition.

In case of appeal production, only part of the decision appeals, the appellate court checks the legality and validity of the solution only in the applied part.
The court of appeal in the interests of legality has the right to check the decision of the court of first instance in full.

Regardless of the arguments contained in the appeal, submission, the court of appeal checks whether the court of first instance of the procedural law is not violated, which are in accordance with part of the fourth article 330 of this Code to cancel the decision of the court of first instance.

New requirements that were not subject to consideration in the court of first instance are not accepted and are not considered by the appellate court.

Article 327.2 Code of Civil Procedure of the Russian Federation. Terms of consideration of the case in the court of the appellate instance

District Court, Supreme Court of the Republic, Regional, Regional Court, Court of the city of federal significance, Court of Autonomous Region, Autonomous District Court, District (Flot) The Military Court consider the case received by the appeal, submitting a case at a time not exceeding two months from the date of its receipt to the appellate court.

The Supreme Court of the Russian Federation considers the case received by the appeal, which is not exceeding three months from the date of its receipt.

This Code, other federal laws may establish a shorter period of consideration of appeals, ideas for special categories Affairs in the court of appeal.

Article 328 Code of Civil Procedure of the Russian Federation. Court of Appeal Authority

According to the results of the consideration of appeals, the submission of the appellate court is entitled:

leave the decision of the court of first instance without changing, appeal, submission without satisfaction;

cancel or change the decision of the court of first instance in whole or in part and take a new decision on the case;

cancel the decision of the court of first instance in whole or in part and discontinue the proceedings or leave a statement without consideration in whole or in part;

leave the appeal, submission without consideration on the merits, if the complaint, submission was filed after the expiration of the appeal and not resolved the issue of restoring this term.

Article 329 Code of Civil Procedure of the Russian Federation. Decree of the Court of Appeal

The decision of the Court of Appeal is made in the form of appeal definition.

The appellate definition should indicate:
1) date and place of determination;
2) the name of the court, which made the definition, the composition of the court;
3) a person who has submitted appeal, performance;
4) the summary of the appealed decision of the court of first instance, appeals, submission, presented evidence, explanations of persons participating in the consideration of the case in the court of appeal;
5) the circumstances of the case established by the appellate court, the conclusions of the court on the results of the consideration of appeals, submission;
6) the motives for which the court came to his conclusions, and reference to the laws that the court was guided.

When leaving the appeals, the presentations without satisfaction the court is obliged to indicate the motives for which the arguments of appeals are rejected.

The definition of the court of appeal is indicated by the distribution between the parties judicial expenditures, including expenses incurred in connection with the filing of appeals, submissions.

The definition of the appellate court enters into legal force from the date of its adoption.

Article 330 Code of Civil Procedure of the Russian Federation. Grounds for cancellation or change of court decision on appeal

The grounds for the cancellation or change of the court decision in appeal are:
1) incorrect determination of circumstances that are important for business;
2) the unprovenness of the circumstances established by the court of the first instance that are important for the case;
3) the inconsistency of the conclusions of the court of first instance set out in the court decision, the circumstances of the case;
4) violation or improper application material law or procedural law.

Incorrect application of material law standards are:
1) non-use of the law to be applied;
2) the application of the law not subject to use;
3) incorrect interpretation of the law.

Violation or improper application of the norms of procedural law is the basis for changing or canceling the decision of the court of first instance, if this violation led or could lead to incorrect decision.

The grounds for the cancellation of the decision of the court of first instance in any case are:
1) consideration of the case by the court in illegal composition;
2) consideration of the case in the absence of any of those involved in the case and not properly informed about the time and place of the court session;
3) violation of the rules about the language on which judicial proceedings;
4) the court decision on the rights and the duties of persons not attracted to participate in the case;
5) the court decision is not signed by a judge or any of the judges or the court decision signed not by the judge or not the judges who were part of the court who considered the case;
6) the absence in the case of the trial;
7) Violation of the rule on the secret of the meeting of judges when making a decision.

In the presence of the foundations provided for by the fourth this articleThe court of appeal is considering the case under the rules of production in the court of first instance without taking into account the features provided for by this chapter. The transition to the consideration of the case on the rules of production in the court of first instance is made with an indication of actions that should be made by persons participating in the case and the timing of their commit.

The correct decision of the court of first instance can not be canceled in one formal considerations.

Article 331 Code of Civil Procedure of the Russian Federation. Appeal of the definitions of the court of first instance

The definitions of the court of first instance can be appealed to the court of appeal separately from the court decision by the parties and other persons participating in the case (private complaint), and the prosecutor may be brought by the presentation if:
1) this is provided for by this Code;
2) The court decision excludes the possibility of further traffic.

Private complaint, the presentation of the prosecutor is considered:
1) on the definitions of the magistrate - the district court;
2) on the definitions of the district court, the Garrison Military Court -vering Court of the Republic, the regional court, the regional court, the court of the city of federal significance, the Court of Autonomous Region, the Court of Autonomous Okrug, the district (Fleet) by the Military Court;
3) to define the Supreme Court of the Republic, regional, regional Court, the courts of the city of federal significance, the courts of the Autonomous Region, the court of the Autonomous Okrug, the District (Flot) of the Military Court - the appellate instance of the Supreme Court of the Republic, the regional court, the court of the city of the Federal Region, the Court of Autonomous Region, the Autonomous District Court, the District (Flot) of the Military ships;
4) on the definitions of the Supreme Court of the Russian Federation - the Appeals Collegium of the Supreme Court of the Russian Federation.

For the remaining definitions of the court of first instance, private complaints, prosecutor representations are not submitted, but objections to them can be included in the appeal, representation.

Article 332 Code of Civil Procedure of the Russian Federation. The deadline for submission of a private complaint, the presentation of the prosecutor

Private complaint, the presentation of the prosecutor can be filed within fifteen days from the date of the definition of the court of first instance.

Article 333 Code of Civil Procedure of the Russian Federation. The procedure for filing and consideration of a private complaint, the presentation of the prosecutor

Feeding a private complaint, the presentation of the prosecutor and their consideration by the court occur in the manner prescribed by this chapter, with seizures, provided by part The second article.

A private complaint, the presentation of the prosecutor to the definition of the court of first instance, with the exception of the definitions on the suspension of the proceedings, on the termination of the proceedings in the case, on leaving the application without consideration, are considered without notifying persons participating in the case.

Article 334 Code of Civil Procedure of the Russian Federation. Powers of the appeal court when considering a private complaint, the presentation of the prosecutor

Court of Appeal, examined the private complaint, the presentation of the prosecutor, has the right:

leave the definition of the court of first instance without changing, complaint, the presentation of the prosecutor without satisfaction;

cancel the definition of the trial in whole or in part and resolve the question of the merits.

Article 335 Code of Civil Procedure of the Russian Federation. Legal strength of determining the court of appeal

Determination of the court of appeal issued by private complaint, the presentation of the prosecutor, enters into legal force from the date of his submission.

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What is regulated to appeal to appeal

All deadlines for appeal to the court of appeal are established by the Civil Procedure Code of the Russian Federation (hereinafter - the Code of Civil Procedure of the Russian Federation).

In general, the deadline for filing an appeal is determined by the provisions of Part 2 of Art. 321 Code of Civil Procedure of the Russian Federation. However, in some situations, the term is calculated differently. For example, when making correspondence solution It is reduced, and its duration is indicated in part 2 of Art. 237 Code of Civil Procedure of the Russian Federation.

How long can you file an appeal

According to Part 2 of Art. 321 Code of Code of Civil Procedure of the Russian Federation can be filed with an appeal within a month from the date of adoption by the judicial act in final form.

The deadline for filing an appeal to a correspondence solution depends on who from the participants of the proceedings submits it (part 2 of Art. 237 Code of Civil Procedure of the Russian Federation):

1. Respondent. After receiving a copy of the correspondence solution, it has 7 days to submit an application for cancellation. If the application was left without satisfaction, the defendant can appeal within a month from the moment of determining the refusal to satisfy the application.
2. Other participants in the case, as well as persons who did not participate in the proceedings, provided that the rendered definition affects their rights and interests. The deadline during which they may apply to the court with a complaint depends on whether the defendant filed an application for cancellation of the correspondence decision:

• if the defendant filed a statement, the complaint must be transferred to court within a month after he was denied the satisfaction of the set out requirements;
• if the defendant did not file a statement, the complaint should be filed within a month after the term allocated to the legislator to submit an application (i.e., within a month since the expiration of 7 days after the defendant received a copy of the correspondence decision).

What to do if the term is missing

What if it did not work out the appeal in time? The terms of appeal to court can be restored, but only under one condition - they were not intentionally missed, but according to objective valid reasons (part 1 of Art. 112 Code of Civil Procedure of the Russian Federation).

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Recovery

Term recovery is made in judicial order. For this, the applicant, according to Art. 112 Code of Civil Procedure of the Russian Federation, must:

1. Prepare a statement, transfer the causes in it by which the appeal was not filed on time, and ask for the restoration of the term.
2. Submit to the judicial authority, which made the appealed decision:

• the above statement with a request to restore the term (it is worth attaching documents that act as confirmation of the availability of valid reasons, such as a copy hospital sheet, certificate from the doctor, a certificate of death of a relative, etc.);
• appeal complaint, the deadline for which was missing (learn more about how to make it).

Having considered the application, the judge will prepare a definition:

• about the satisfaction of the request and restoration of the term;
• the refusal to satisfy the request to restore the term that, in turn, can also be appealed (part 5 of Art. 112 Code of Civil Procedure of the Russian Federation).

Good reasons

Legislation does not contain an accurate list of grounds that can be accepted by the court into account when recovering the deadline for filing an appeal. That is why the courts independently determine how respectful for the passage is certain circumstances. As practice shows, the courts restore the deadlines missing for the following reasons:

• applicant's disease;
• family circumstances - health problems in loved ones, change the place of residence in connection with the need to pass training or carrying out the care of a sick relative;
• natural disasters, natural and man-made disasters;
• the lack of information on the submitted judicial act, to which the complaint is submitted;
• violation by the court procedural deadlines, for example, the term of making a court decision, the period of its direction to the parties.

Where the appeal is served

The procedure for filing an appeal is regulated by Art. 321 Code of Civil Procedure of the Russian Federation. According to part 1 this article An appeal must be submitted through the court, which made the appealed decision. After the expiration provided by the legislator to appeal, in accordance with Part 3 of Art. 321 Code of Civil Procedure of the Russian Federation, the court transfers all the paper they received (the complaint itself, as well as objections - if any) in the Higher Court.

If you apply with a complaint directly to the appellate court, it will not be possible to reduce its term of consideration - in accordance with Part 1 of Art. 321 Code of Civil Procedure of the Russian Federation in a similar situation, the court who received a complaint should redirect it to the lowering court, which issued an appealed decision.

So, the appeal is submitted to the court that was convertible judicial act. The term of its filing is regulated by law. In the presence of good reasons, the missed time can be restored, but for this will have to submit to the court of evidence that the existing circumstances really were respectful.

Civil procedural Code, N 138-FZ | Art. 327 Code of Civil Procedure of the Russian Federation

Article 327 Code of Civil Procedure of the Russian Federation. The procedure for considering the case by the court of appeal instance (current edition)

1. The court of appeal is notified by persons participating in the case, about the time and place of consideration of the complaint, presentation on appeal.

The appellate court re-examines the case at the court hearing according to the rules of production in the court of first instance, taking into account the features provided for by this chapter.

Persons involved in the case, their representatives, as well as witnesses, experts, specialists, translators are allowed to participate in the court session by using video conferencing systems in the manner established by Article 155.1 of this Code.

Paragraph has lost strength. - the federal law from 28.11.2018 N 451-FZ.

2. The session of the court of appeal is discovered by the judge - the chairman who announces which the case is considered, on whose appeal, the presentation is subject to consideration and the decision of which court is filed with these complaint, the presentation, finds out who among those involved in the case, their representatives Appeared, establishes the personality of the officials of officials, their representatives and explains to persons participating in the case, their procedural rights and obligations.

Consideration of the case in the court of appeal begins with the report of the judge, which sets out the circumstances of the case.

3. After the report, the Court of Appeal hears the explanations of the persons participating in the case, their representatives. The first is a person who has submitted an appeal, or his representative or a prosecutor if the appeal representation is brought. In case of appealing the decision of the court, both parties are the first plaintiff.

After the explanations of the person who submitted the appeal, or the prosecutor, if they were brought by the appeal presentation, and other persons participating in the case, their representatives of the appellate court, if there are appropriate applications, the evidence existing in the case, after which proceeds to the study of the new evidence taken by the court.

4. At the end of the clarification of the circumstances of the case and research evidence, the appellate court provides persons participating in the case, the opportunity to speak in judicial debates in the same sequence in which they gave explanations.

5. In each court session of the court of appeal, as well as during the commission of individual procedural actions outside the court session, the Protocol under the rules provided for by Chapter 21 of this Code.

6. In court, the appellate instance does not apply the rules on the connection and separation of several claims, about changing the subject or reason of the claim, about changing the amount of claims, about the presentation of a counterclaim, about replacing the inappropriate defendant, about attracting third parties to participate in the case.

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