Appeal determination in civil case: a sample, the term of appeal. Appellate ruling of the Moscow City Court

Judges make decisions every day affecting people's lives. Appeal definition - a variety of judicial acts, is adopted at all levels of the justice system. The law requires mandatory requirements for the process of adoption and registration.

System of judicial acts

Definition is an act that decides questions of an intermediate nature in the proceedings. The judge's final opinion on the validity of the application is expressed in the decision or resolution, depending on what type of proceedings takes place (civil, arbitration, administrative, criminal).

This provision applies to all vessels without exception. With regard to trials at the appellate stage, definitions are given there that express the final opinion of the judge or panel.

The appellate ruling is a refusal to review the decision, it remains unchanged. Any change in the act of the previous instance takes place in the form of a decision. Therefore, as soon as the lawyer hears the words "the panel decided the definition", most often it means a loss. However, this is not always the case.

Reasons for writing complaints

Sometimes the court formally denies the complaint, but the statements set forth in the new document change a lot, assess facts and circumstances, clarify the status of the parties, which is important in further disputes.

For example, in a dispute over the status of management organizations, the court indicated the status of one of them, which subsequently gave the opportunity to assert their rights and residents of the house. So the appeal definition does not mean automatic loss. The formal and actual reason for the treatment of a claim or claim in practice does not always coincide. The court can directly ask about what is the actual reason for initiating the process.

Which of the judges adopts the definition

Appeal determination is made by the court of second instance:

• City courts of cities of federal significance;
• Regional, territorial courts;
• The Republic of Armed Forces;
• RF Armed Forces.

Appeal definitions of district courts reviewing the decisions of justices of the peace have their own specifics.

The rules of revision are similar, the only exception is that there is no collegium and one person is reviewing. Such an explanation is given in the resolution of the Plenum of the RF Armed Forces.

In city courts, in the Armed Forces of the Russian Federation, revision is the exclusive prerogative of collegia. They consist of three people, so the quality and objectivity of the institution is guaranteed. This is characterized by the appellate ruling of the regional court or other institution of equal status.

How they are accepted

The order and process of adoption are prescribed in the procedural codes. The judicial act is carried out by the judges in the advisory room, there must be no one else there. If it turns out that this rule was violated, the definition will be automatically canceled. True, such cases are extremely rare. Having resolved complaints, the judges go to the hall (or judge, if the case is reviewed in the district) and announce the decision publicly in the presence of the parties and other citizens waiting for their turn in the hall.

Appeal determination is announced, as a rule, not completely, but only partially. Completely the document is issued after a while. Immediately, a document with an introductory and a resolutive part is issued, the judge-rapporteur is signed there, the remaining judges are indicated.

Depending on the conditions of the institution, the organization of work, a week or shorter period takes place before the full document is issued.

How to make and document the document

Each procedural code provides for an article with requirements for a judicial act, in the CCP, in Art. 329. There is no special requirement for the time of compilation. Terms of appellate determination, compilation time - 5 days. The document must include:

• The time when the decision was made - on the contrary the case number;
• City, region, region;
• The name of the court is completely written;
• Composition of the board (names, initials);
• Who kept the minutes in the meeting, if there were replacements, enter the names and initials of all secretaries;
• The name of the document (appellate definition);
• Briefly describes the essence of the decision in the first instance, who is the defendant, who is the plaintiff, third parties, the essence of the complaints, the prosecutor's submission, if any;
• The facts and circumstances to which the board came;
• Motives for the decision by the judges, in this case the refusal.

The judges are indicated below, the place for the signature is left.

The document is compiled in Russian, if necessary, a translation into the language of the region where the court is located.

How is the appellate definition drawn up? The sample is always in the computer of the assistant judge, who actually works on his writing and design.

Of course, they differ, each has its own style of composition and design.

Refereeing Tricks

Nobody wants to make it so that his decision is later canceled or even changed in part. There are errors, the workload makes itself felt. But where the law was clearly violated, the lawyer would even outline this definition with little experience.

The judge directly ignores the arguments of the parties, they are not mentioned, sometimes they are present, but in a distorted form. Similarly, the law and regulations are either interpreted or not mentioned, or it is done in part.

The text of clearly unlawful definitions is marked by an abundance of water: there is a lot of text, but its content is abstract. It does not matter, the appellate ruling in a civil case or otherwise, the principle is the same. Motivation for the adoption of a judicial act is virtually nonexistent.

Conscientiousness is shown in the acts drawn up logically, the motivation of the court is clear and justified, an analysis of the arguments of the parties is made.

How to cancel

The party in the case has the right to request the cancellation of the appellate instance's act.

Appeal of appeal is appealed by compiling a complaint and submitting it to a court competent to make a decision on it. It is either sent by mail, or delivered to the office by the applicant or his representative.

The cassation instance is located in the courts of the regional level, in city courts of cities of federal significance, in the regional courts and courts of the republics. It consists of the presidium of the courts.

Those who wish receive enough time - 6 months, such is the term of appeal against the appellate ruling. Enough time is enough to decide whether to sue further or not, to draw up papers. It is counted from the day after the decision is made by the judges or the judge.

Features of revision

It is more difficult to revoke the appellate ruling in civil matters than the decision of the first instance.

In the second instance, the revision is an obligatory procedure, in the cassation procedure - no.

It also checks the availability of formal signs (the number of copies of the complaint, payment of state duty, the presence of a signature, etc.).

The judge determines whether there are grounds for reviewing the case or not, even if the complaint meets all formal requirements.

If he considers it possible to review previously adopted court decisions, then there is no guarantee that the board will agree to change them, cancel and accept a new one or send the case to a new round of reviews.

Lawyers-practitioners compare the current system with a roulette that gives a minimal chance of achieving a result. In fact, the abolition of the appellate definition is not so rare.

What can be said about the Supreme Court

The main court of the country has its own appeal board. A number of cases in the first instance are considered in this court. Such decisions are made by one judge.

In order to guarantee citizens and organizations the right to protect their rights and interests, there is an appeal board. It employs 3 judges.

The rules for review are similar to those in lower-level instances. As a rule, the appellate ruling of the Supreme Court is final. Neither the cassation nor the supervision of the law provides for.

If time is lost

The trial is limited to a time frame, otherwise the appeal to the court would not make sense. However, people because of the actions of the court staff do not receive the paper on time or were misled in some way about the rights to complain about the instances, and time is running out.

Sometimes everyday circumstances make people forget about the term of appeal against the appellate ruling, it seems to them that there is nothing terrible in this.

The judge automatically sends the material to the applicant or his representative, with a definition in which it is written that the deadline is missed, and there is no request for restoration. The law has no time limit, during which it is permitted to send a request to restore the deadline.

Most often, judges act as follows: they agree to restore the deadline, and then refuse to open production. So for them there is less risk of getting the cancellation of their actions by a higher court.

The request is stated either in the complaint itself, as a first request to the court, or in a separate application. Both approaches are correct.

The appellate ruling of the Moscow City Court, which is considered one of the most important in the country, is appealed under the same scheme.

How everything happens on the example of Moscow

For example, a case is considered in one of the district courts of the capital. Tverskoy, Basmanny, Zyuzinsky district court or any other - it does not matter. The party in the case or another person whose interests are affected by the decision have the right to complain about its illegality and unfoundedness.

The papers are transferred to the district court, if they meet formal requirements, they are sent to the Moscow City Court. There, a panel is chosen which will deal with the case. If the paper is immediately sent to the city court, they will be sent to the district court to verify compliance with the law. If everything is in order, the complaint is already sent to the city court.

The board must agree or disagree with the complaint within 2 months. In fact, due to congestion, consideration takes a longer time. Then the appellate ruling of the Moscow City Court is passed. It takes effect on the day of removal, and the party can try to execute it immediately, and all interested parties try to draft and send a cassation complaint more quickly .

Those who have the will have the right to complain to the Presidium of the Court. It performs the functions of the cassation instance. One of the judges decides whether to open production or not.

Before sending the case to the college, he can suspend the execution of the decision in the presence of such an item in the complaint.