Appeal of a court decision

The decision of the court is the final procedural document. His dismissal ends the consideration of the case on the merits, which is in the proceedings. Acting in an appropriate capacity, this procedural document is a reflection of the entire content of the process, the evidence examined in its course and conclusions based on them.

It is assumed that the court's decision is fair, reasonable and lawful. Along with this, in practice, there is no case where one of the parties would agree with the outcome without culpability, while finding it unfair, infringing upon its interests and rights.

Appealing court decisions is a traditional procedure. It is used to protect legitimate civil interests, to exercise the right of judicial protection guaranteed at the level of the Constitution. An appeal against a court decision is made by appealing to a court within the established norms.

It should be noted some duality of this procedure. Considering that the appeal of the court decision, on the one hand, is intended to protect the interests of the losers, the process of participants, on the other hand, it creates an obstacle for the second participant in the process in the issue of taking advantage of the rendered outcome in his favor.

Formation of balance in the interests is carried out by introducing special rules for the implementation of the above procedure. At the same time, the procedure for appealing a court decision presupposes certain terms for filing a disagreement.

This procedure is predetermined by the hierarchy of the judicial system. According to it, a proper (appropriate) court can be the first, cassation, appeal or supervisory instance. For each of them, respectively (except the first), the general procedure for appealing predetermines their own special requirements. Observance of them is an indispensable guarantor of acceptance of disagreement on the final conclusion of the judicial organ of the first instance for consideration by the higher body.

Appeal of a court decision can be made during the period established by procedural norms. If a complaint is lodged against the final conclusion of the judicial authorities of the first instance, the proper time is predetermined by the period of time that is allocated to the entry of the final document into force.

Judicial decisions of the bodies of general jurisdiction that take the case to the proceedings in the first instance shall enter into legal force after the expiration of the period for appeal or appeal, if they have not been appealed. Cassational or appellate disagreement is filed within ten days of the adoption of the final judgment in the final version. It should be noted that the date from which the countdown of days begins is the date the decision was made in the final version. According to the meaning of the procedural law, only the operative part of the document is announced in the final judgment. At the same time, there is time to form the final version of the entire document. The preparation of a full and motivated final decision may be postponed for no more than five working days from the completion of the trial.

Cassation as well as appellate, appeal of a court decision includes, together with the data of the judicial authority in which it is carried out, information regarding the participants in the case, an indication of the decision, about which the complaint is formed, arguments reflecting the party's disagreement. It is also advisable to formulate violations committed by the judicial body of the first instance in the rules of procedural and material law in the examination of the case on the merits.