is believed that the civil proceedings - an indicator of the maturity of society.It shows that people prefer to resolve disputes by legal means.Appeals - the most important component of this phenomenon, and it has a number of features, ranging from drafting and finishing with choosing a lawyer capable of qualitatively represent the interests of his client.
Brief appeal proceedings
According to Russian law, any court decision can be appealed.There are two types of implementation of this action.Firstly, this revocation.Secondly, it is an appeal to a higher court where the case is being considered again.Disagreement with the judge can express parties to the dispute (the plaintiff, defendant or their representatives) or statutory third party.
document under the law
strict form of regulating how should appeal, none of the existing Russian legislation does not provide.However, forensic and industrial practice there are certain guidelines that allow the correct amount to such documents.Consider a very simple example.Appeal complaints it be, of course, it should not be, but it will make it clear what should be the main points of appeal to the court.So, here are the approximate sample:
- First, specify the destination of the document (the magistrate with the number of the plot).
- then identify themselves (from whom: Name of plaintiff or defendant).
- Next fix the type of paper feed (the appeal).
- next item - an explanation of the reasons for it, that is why the paper is fed.For example: "Such a judge of the site (number) of the decision was rendered in favor of the defendant (plaintiff). With the decision did not agree."
- further explains what to do there are grounds.
- Finally, an appeal directly to the judge: "I ask the decision of the trial judge (magistrate) to cancel."
Specifics of Civil Affairs
The appeal in a civil case is different from similar procedures in the framework of criminal proceedings.The major component of the work of the plaintiff (or his lawyer) is the fulfillment of the requirements of the law in accordance with procedural rules.
If it is not, the court will very likely return the appeal to the applicant.As a result, a civilian who has filed a document that does not meet the law can and does lose the right to be tried in the court of second instance.Civil proceedings differs in that in many cases, anticipate the judgment is simply impossible (as opposed to, say, criminal trials where the evidence at the time of the court, as a rule, are collected).
role of judges
from representatives of justice requires a very in-depth assessment of the facts submitted by the parties hearing, consideration of the views and arguments of counsel.Many lawyers believe that the appeal in civil cases - a very promising step for the losing side, it is due to the unpredictability of the original judgment.
If the first instance judge decided the case, then it is possible that his colleague in the appeal wish to express a different opinion.The appeal in a civil case may initiate a process of judicial resolution of the dispute completely diametrically.
role of the lawyer in the course of consideration of cases in civil proceedings it is likely that the judge will make a decision that is not satisfied with any of the parties to the dispute, but in many cases this is not without the influence of a lawyer.The role of the lawyer is very high at each stage of proceedings: a meeting of the Court of First Instance on appeal, the collection of materials on the case.Some lawyers believe that the percentage of lost legal disputes because the unskilled lawyer is large enough.
very important, experts say, to have a man capable of correctly relate the facts to current jurisprudence.Also very significant ability to counsel competently draft documents.You can give an example: appeals compiled with elementary errors in the text, the jurisprudence is replete.Cases when the judge made the decision in favor of the side that has managed to reconcile the evidence on paper to bukovki, while the opponents (or rather, their lawyers) concerned to work with documents with disdain.
grounds for appeal
Under the law, an appeal against the court decision can be made, if there are substantial (of course, according to the plaintiff or defendant) base.Here are the main ones.It may be wrong, incorrect determination of the case relevant to the circumstances.Also, the trial court may use unproven facts that could affect its judgment.Another reason - the judge was not able to ensure that its findings the actual circumstances of the case.
Another reason that can appeal the court's decision - the first instance failed to correctly apply the rules of procedural and substantive law, which led to the adoption of the unfair decision.These grounds of appeal, though there are not many, can be very succinct in content.There is, incidentally, the legal provisions on which the decision of the first court canceled unconditionally.It is, first, the case in the illicit acquisition of the court (including a situation where someone of relevant persons absent).Secondly, the judgment is canceled, if they were affected by the interests of persons who are not involved in the case.Third, if the documents were signed by representatives of the justice incorrectly, as a result of the meeting is canceled.Fourthly, if the judge bypassed the obligation to take a decision within the deliberation room, it is also the basis for the unconditional recognition of his actions illegal.
Which court apply?
Civil Procedure Code states that appeals concerning the decisions of magistrates should be examined by district (in some areas - the city) courts.In turn, if this level of plaintiffs or defendants were not satisfied with the results of the hearing, the case can be transferred to the courts of the subjects of the federation (eg, regional).
If the decision of the judge of this court again did not want one of the parties to the dispute, the case is referred to the Supreme Court.By itself, the appeal to the higher court of first instance through a structure which, according to the law itself refer the case together with all the accompanying materials.
correct timing is important
Any lawyer knows that the first step to success in litigation - time.The appeal must be submitted on time.According to the Civil Procedure Code, the plaintiff or the defendant does not agree with the decision of the court of first instance, there is a month for the drawing up of a document stating the position different from the opinion of the judge.An important caveat - the time of submission must have a receipt that has already been paid stamp duty of an appeal.Commenting on the timing, which will take into account the applicant should also indicate the time slots that are reserved for the court.Code of Civil Procedure of the Russian Federation specifies that the district courts (as well as institutions in the subjects) should consider appeals for two months (from the date of receipt of the documents).At the time of the Supreme Court for 30 days more.
What to expect from the appeal?
after the hearing in the court of second instance the plaintiff can expect one of the following scenarios.Firstly, the previous decision of the judges can be left unchanged, respectively, a complaint will remain unsatisfied.Second, the court of second instance may revoke or modify the expression of the vision of the situation of their colleagues in the first.Third, the judge in the appeal, the right to refuse to process the application (in whole or in part).The court of second instance after the hearing makes the determination comes into force on the same day.
Then, depending on how the judge's decision will suit plaintiff or the defendant may be made to the appeal court level above.As the plaintiff increase the likelihood of a positive outcome for themselves hearings?Many lawyers believe that the success - correctness.There is not one example of appeals when the invoice presentation of arguments by the party disagreed with the decision of the Court of First Instance, does not hold water.
Objections - accepted
There is such a thing as a comment on the appeal.Another language, this objection which presents one side of the other.The losing party often does not agree with the court's decision (which, in fact, is the reason for the appeal) to the extent that it considers inconsistent with the law.The winning side, in turn, can formulate good, in its view, the objection on the complaint filed by opponents to a higher court.The variant that the arguments set out by the losing party, seen them completely fictional counterpart.This, however, is very telling example: appeals based on the false beliefs of the parties in the presence of any of the facts, of course, knows a lot of legal practice.The actual circumstances, however, often only open during the hearing.Reviewed on an appeal can be sent by mail, pass through documentologists court, and that is also practiced, to submit directly to the meeting.However, this mechanism is true with respect to civil cases.If we are talking about the arbitration process, a review should be sent by registered letter with acknowledgment.
