Appeal to the court. The civil process. Appeal appeal

Going to court in a civil case. Appeal appeal

So, the Company issued an interest-free loan to the employee. In other words, the company and the employee entered into a loan agreement. The employee received the money at the company's cash desk, then something didn’t work with his job, quarreled with the management and subsequently quit. And for some reason I forgot to return the money.

In a word, you have fulfilled your part of the contract, and yours, now your opponent is not.

You waited, but did not help. Then you still waited - it did not help again. Wrote a claim - again did not help. Appealed to the court. And in court you were in for an unpleasant surprise. The court took and went on about your opponent. He indicated in the decision some internal contradictions in the contract, flaws in the account cash warrant, then referred to some other absurd circumstances - and denied the lawsuit to you.

Where to go next? Appeal to the appellate court.

We tried to systematize the procedure and the main points of the passage of the appeal instance in the table below.

Who can file a complaint?

1. Immediate participants in the case (you and your opponent)

2. Persons who did not participate in the case, but the court, by their decision, touched upon their rights, interests and / or duties.

Can a court ruling be appealed separately from the court decision?

For example, on the appointment of an examination.

Maybe, but strictly in the cases stipulated in the law. The law provides for a modest 41 such case

What is the time limit for filing a complaint?

For a decision - 30 days,

For determination - 15 days -

since their announcement.

If at the court session only the introductory and operative parts of the decision were announced, or if it was made without summoning the parties, the term is calculated from the day the full decision was made.

To which court is the complaint filed?

And here is the attention! Previously, the complaint was filed through the court, which made the decision. Now the law has changed, and the complaint is filed directly to the appellate court.

However, it must be borne in mind that prior to the day the United Judicial Information and Telecommunication System started functioning, the complaint is filed “as before”, that is, through the court of first instance.

What should a complaint contain?

  • • the exact name of the court in which we complain;
  • • the full name of your company as the appellant, its location, including the zip code, enterprise code, communication numbers, official e-mail and e-mail addresses, if they exist;
  • • surname, name and patronymic of your former employee, his place of residence or stay, the registration number of the taxpayer registration card (if available) or the number and series of passports, known numbers of communications, e-mail;
  • • the same with respect to other participants in the process, if they exist (for example, a guarantee agreement was signed: if the guarantor is an individual - he is described as your debtor; if this is a legal entity - accordingly, like your company);
  • • information about the decision appealed;
  • • Your position on the question of what is illegal and / or groundlessness of the decision, which may consist of:

    • • the incompleteness of the establishment of circumstances relevant to the case;
    • • incorrect determination of the circumstances relevant to the case, due to an unjustified refusal to accept evidence, their incorrect investigation or assessment;
    • • failure to provide evidence for valid reasons and / or incorrect determination in accordance with the circumstances of legal relations established by the court, etc.)
  • • New circumstances to be established, as well as evidence to be investigated or assessed (this should be attached, justification of the validity of the reasons for the failure to submit evidence to the court, which decided);
  • • petition of the complainant;
  • • date of receipt of a copy of the contested decision;
  • • list of annexes to the complaint.

What is attached to the complaint?

  • • if the complaint is filed by a representative and there is no evidence of his authority in the case - a power of attorney or other document certifying his authority;
  • • evidence of court fee payment
  • • copies of the complaint and the documents attached to it - in an amount equal to the number of participants in the case;
  • • evidence confirming the date of receipt of a copy of the contested court decision, if any.

To what extent does the appellate court review the case?

The appellate court reviews the case on the basis of the existing and additional evidence and verifies the legality and validity of the decision of the court of first instance within the framework of the arguments and requirements of your appeal.

The appellate court examines the evidence concerning the facts that participants in the case refer to in the appeal and (or) the response to it.

Evidence that was not submitted to the court of first instance is accepted by the court only in exceptional cases if the case participant presented evidence of the impossibility of presenting them to the court of first instance for reasons that were not objectively dependent on him.

The appellate court is not limited to the arguments and requirements of the appeal, if the case finds violation of procedural rules, which are mandatory grounds for reversing the decision, or incorrect application of substantive law.

If ignoring the arguments of the appeal remains the obvious illegality or groundlessness of the decision of the court of first instance in cases of special proceedings, the appellate court reviews the case in full.

The court of appeal does not accept and does not consider claims and grounds for action, which were not the subject of consideration in the court of first instance.

What are the powers of the appellate court to review your complaint?

  • • leave the court decision unchanged, and the complaint without satisfaction;
  • • cancel the judgment in full or in part and make a new decision in the relevant part or change the decision;
  • • recognize as invalid the court decision of the court of first instance in whole or in part in the cases provided by law and terminate the proceedings in the relevant part;
  • • cancel the court decision in full or in part and in the relevant part to terminate the proceedings in full or in part, or leave the claim without consideration in full or in part;
  • • cancel the court decision and send the case for consideration to another court of the first instance according to the established jurisdiction;
  • • repeal the determination impeding further proceeding in the case, and refer the case for further consideration to the court of first instance;
  • • cancel the decision on the opening of the proceedings and adopt a decision on the direction of the case for consideration by another court of first instance on the basis of jurisdiction
  • • cancel your order (in whole or in part) and make one of the above decisions.

Schematically these are the highlights of the appeal process.

Its main feature is that the court case is being reviewed, in fact, in full and an assessment of the evidence of the parties takes place again.

At the same time, as seen above, the court does not accept new evidence, unless you have substantiated the impossibility of presenting them before the impugned decision was made.

At the same time, at this stage of the process, you may well refer to the incorrect determination of certain facts by the court, the incorrect assessment of this or that evidence.

Do you doubt your ability?

Come to us!

Our specialists will accompany you at all stages of the trial!

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