How and where can appeal the decision?

Referring to the civil court with a claim or complaint, we hope that our violated rights are reinstated, and the "offender" will be punished. However, not always the opinion of the court agrees with our and our claims are met. But it does not always mean the end, the court may also make a mistake. Therefore, to prove its case, the legislation gives us the right to appeal a court decision. How and in what order this happens, consider the following.

At a court decision that had not yet entered into force, you can file a complaint within ten days after making such a decision. However, as a rule, the court's decision we have on hand at once, since the judge needs time to prepare it, and the time granted to us on appeal, goes. What to do? In such cases it is expedient to resort to filing a court brief complaint in which we simply specify when and on what business the decision was taken that we do not agree with him and ask him to cancel it and resolve the issue on its merits.

Legislation of this type of complaint is not provided, therefore the court will return it back for revision, but the filing of the complaint, we have suspended ten days, resulting in time we win.

There is a second option - to recover a missed deadline. To do this, together with the complaint (or indicate in the complaint itself) to apply for reinstatement period, due to the fact that the decision was received at the hands of late. In this case, you must attach to the complaint and request a document confirming the date of receipt of the decision at hand (this can be like an envelope with the stamp mail and instructed on the court's decision that it gave you a certain date).

You should know that there are two types of complaints against decisions, not the force of law: appellate and cassation. Appeals filed against decisions of magistrates. This complaint is addressed to the district court, but it should lodge a magistrate, who ordered are not satisfied with your decision. A magistrate, in turn, is obliged to transmit it to the district court. In the complaint must contain:

Name of the district court, which addressed the complaint;

the name of the person filing the complaint, his address;

indication of the contested decision of the court (by whom, when and for what purpose it is granted, that it decided to court);

arguments complaints (why feeding it does not agree with the decision);

request shall be made of her face (to cancel the decision wholly or partially resolve the issue on the merits);

list annexed to the complaint documents.

To the complaint must be accompanied by a copy of the receipt for payment of state duty and power of attorney (if the complaint is signed by a representative of the person concerned). The appeal and the documents attached thereto are provided with copies, which number corresponds to the number of persons referred to in the case.

At the same solutions for all other ships taken in the first instance, lodged an appeal. The decisions of district courts, as well as the garrison military court complaint filed in the Supreme Court of the republic, territorial, regional court, court of federal significance, the court autonomous region, autonomous region, the district (naval) military court. For example, against the decision of any district court of Moscow Region is served in the Moscow Regional Court (in a panel on civil cases).

Solutions as the supreme courts of republics, territories, and provincial courts, courts of cities of federal significance, autonomous oblast court, courts of autonomous regions, district (fleet) military courts are appealed to the Supreme Court.

Decisions of the Trial Division of Civil Affairs and the Military Collegiums of the Supreme Court appealed in cassation board of the Russian Supreme Court.

Lodged an appeal in the courts referred to in court, which adopted the contested decision. Contents of the appeal is the same as the contents of the appeal, it is also attached to the copy of the receipt of payment of state duty and power of attorney if it is signed by the applicant. Copies of the complaint and documents appended thereto, also served in an amount corresponding to the number of persons involved in the case.