appeal of the decision of the district court in civil and criminal matters within its competence is carried out as follows:
- as this court reviews the decision of magistrates with the caveat that their decisions are not taken legal effect.The decision of this court has legal force immediately after its adoption, and the opportunity to appeal against his decision can only be implemented in the supervisory authorities and the court of cassation;
- appeal against the decision of the district court have the right to initiate prosecutors and other participants (parties) lawsuit by filing a complaint to a higher authority.In relation to the topic considered by a higher court judgment subject of the Russian Federation;
- appeal (cassation) must comply with a all legal requirements, otherwise it will not be accepted, either immediately refunded to the vendor;
- the complaint is served, together with the personal signature of the applicant, the text laid out its reasons which provoked the appeal against the decision of the district court.The grounds are supported by reference to the legislation, relevant acts.The requirements in the content of the complaint - the abolition of a court order and restore personal freedoms and civil rights;
- the complaint is served in the District Court, which took the decision appealed.Then she is redirected to a higher court.During the grievance to appeal the decision of the district court a copy provided to all participants in the process personally against receipt or by registered letter with acknowledgment.These documents are copies of the receipt attached to the complaint;
- new evidence at the next examination of the case can not be present.Exception: The objective reasons are not given the opportunity to present evidence to the district court.
How to appeal against the decision of the district court in the exercise of supervisory powers stipulated in Articles 391.1 and 391.2, Code (Civil Procedure), ie after it will consider the judge of cassation (three months after the decision came into effect).The Presidium of the Supreme Court on the basis of complaints from persons involved in the case, and others, if they infringed upon the legitimate rights and interests of the freedom of these court rulings are reviewed in order of supervision.
Well, how to appeal the decision of the district court, after the decision of the Presidium of the Russian Armed Forces came into force nobody will tell, as the basis of the relevant legal acts of the decision can not be appealed.
Appeal decisions bailiffs:
- a statement of appeal decisions bailiffs may apply stakeholders, such as the sides of the enforcement proceedings, the person against whom there tort;
- sure in the complaint must include: Full name and home address of the applicant.It also indicates the originator of the application (police officer - artist, decision, action).Describes the grounds and reasons for the complaint, the arguments and the facts of the applicant;
- only complaint is filed within 10 days of receipt of the decisions, which are subject to appeal or from the date when the applicant learned of the actions (or inaction);
- considered the complaint within 10 days from the date of its filing.An official authorized to consider the application for appeal against decisions of the bailiffs, it takes either a full or partial withdrawal of the contested decision (legality - the illegality of the actions - or inaction).As result of the decision, it is ordered.
the complaint is denied in cases where an application to appeal against decisions made by the bailiffs concerns of fines.
