Appeal - what is it? Appeal to the court: features, requirements and recommendations. Can the appellate court accept new evidence?

Many citizens do not understand exactly how an appeal is made, what a special authority is and what it can provide. In this article we will look at the basic requirements for an appeal and recommendations that will help you formalize everything correctly. necessary documents for consideration during the trial.

What is the essence of the appeal?

The essence of the appeal is to change the decision previously considered in court and on which the sentence was passed. The result may not suit the accused, in which case certain time the lawyer will be able to appeal, and the case will be reviewed again. An appeal allows you to check everything thoroughly again, takes into account compliance with the law, whether all the circumstances of the case were considered correctly, and establishes whether the accused person actually committed a crime.

It is important to remember that an appeal can only be made strictly adopted by law deadlines. They are different, it all depends on the complexity of the case itself. The document is issued in the name court of appeal and is filed in the court where the case was heard, but not at the first instance.

How to file an appeal?

An appeal to the court is filed when there is evidence that the interests of the accused party have been violated. As a result of such a step, one can hope that the court will reconsider its decision and soften the sentence imposed. You can file an appeal in many cases, they may involve criminal, civil or economic rights. Who can file appeals with the Court of Appeal? There are no big restrictions here, in fact there are great amount subjects who can file a complaint in court, but in most cases, it all depends on the process itself.

It is most correct that the interests of the defendant be protected by a person who is involved in the law, because only he can correctly draw up a complaint and act in accordance with the laws. After all, not everyone has correct presentation, how an appeal works and is drawn up, what an appeal is.

Who can file an appeal?

The plaintiff, defendant and third parties who protect the rights of citizens have the right to appeal. For example, the prosecutor has the right to file an appeal against a magistrate's verdict. It is important to remember that such a complaint must not be submitted later than expected, which are stipulated in the law, as a rule, these are the first ten days after the final verdict was pronounced.

Key points to consider when appealing

If an appeal is filed in court, the following points should be covered in the complaint:

1. The name of the court where the document is being filed.
2. The person filing the complaint is indicated; it is also worth indicating other persons who accept Active participation in this whole process, for example, who will be able to give evidence.
3. The name of the court that previously made the decision is indicated, the document indicates the number and date when exactly this decision was made.
4. The document clearly states all the demands put forward by the party, and why exactly the decision was made to challenge the court’s verdict.

It is important to remember that the complaint must indicate the laws and legal acts, as well as those circumstances that have evidence, only then will it work out full appeal. What an appeal is is clear, but it is also worth remembering that it will not be effective if it is not filed within the agreed time frame. Therefore, lawyers know very well that you can file a complaint within thirty days, in some cases the period is given less, but in any case, the appeal is filed after the arbitration court makes a decision.

What can an appeal achieve?

Once an appeal has been heard, the court will be able to:

1. Leave the decision unchanged, and the appeal itself is not satisfied.
2. Has the right to completely change or even cancel a previously adopted court decision and adopt an updated judicial act.
3. Cancel partially or completely the sentence or even stop the proceedings in this case.

Of course, before filing an appeal in court, you will need to substantiate the rules of procedural and substantive law. It is important to pay attention to the material norm, because without it the main procedure may be violated. Civil appeal must be submitted exclusively in writing.

Procedure for appealing a court decision

The complaint is submitted only to in writing and through the court. An appeal must be filed with a mandatory indication of the reasons why the case should be reviewed:

1. The court does not take into account additional arguments and evidence, although they turn out to be obvious.
2. The judge believed your opponent, not you, although the reliability of the facts you cited is most obvious.
3. The judge neglected the requirements and violated the law.
4. The judge misunderstood the meaning of the law and applied a rule that should not have been applied in this case.

If a citizen wishes to appeal a court decision, he should file an appeal as quickly as possible. The document must be prepared within 10 days from the date of proclamation of the court decision, but this is only if the citizen was present at the meeting. Sometimes it happens that the plaintiff misses the deadline for a good reason appeal, therefore, an application is submitted requesting that the deadline be restored appeal, but it is advisable to provide additional evidence.

It is important to remember that ignorance of the appeal deadlines cannot be considered a valid reason for missing the deadlines. Now that the concept of appeal has been discussed in detail, what an appeal is and what can be achieved through such actions, you will know who has the right to review a court decision and how to properly organize this procedure. It is important to remember that when drawing up an appeal, you should pay maximum attention to the arguments that were not consistent with the court's decision. Every point you disagree with court decision must be described in detail and supported by facts and arguments. Remember: the court will only consider specific arguments that comply with the law.

The appellate court is the court of second instance that reviews decisions of district courts. As a result, the previously rendered verdict may be canceled or left unchanged. If the decision is nevertheless overturned, the court appellate court may accept a new one or close the proceedings on the case under consideration.

Appeal Rules

An appeal is usually filed by the appellant, the losing party. When writing it, it is necessary to clearly justify which procedural norms were violated by the lower court. I would like to focus on material norms, since they are the ones that legally reflect controversial relations and are designed to resolve them in accordance with the law. The main requirement of legality is the competent application of a specific material norm, otherwise, failure to comply with the procedure is considered a serious reason for subsequent cancellation earlier decision taken. However, if you point out such a violation in an appeal, you cannot always count on the decision being overturned.

What is the deadline for filing an appeal?

Currently, the deadline for appealing to the courts of appeal is 10 days from the date of announcement of the decision. If for any reason a person was absent during the announcement of the verdict, an appeal is filed within ten days after its written delivery. The appeal should be filed with the same authority that made the decision, after which the application, along with all the materials of the case, is sent to the appellate court.

If the deadline for filing an appeal is missed, you must attach an application for their restoration. As a rule, appellate courts grant such a request, since a person cannot by law be deprived of the right to appeal

Consideration of the appeal

Considered by a panel of three judges. If the decision of the courts of first instance comes into force after some time has passed, then the decision of the appellate court must be implemented immediately after its proclamation. This means that the organs executive service, based on the issued document, may forcibly bring to fruition this decision, even despite the person’s appeal to court of cassation, to which the appellate courts are subordinate. To prevent this from happening, it is recommended that you carefully consider the drafting of the appeal, without missing important points and placing the necessary emphasis on those norms of procedural and substantive law that were violated in the trial court.

Additionally, I would like to note that it considers civil and criminal cases, decisions on which were made by lower courts and courts of appeal. In this case, representatives of the parties are not called to the meeting, and new evidence is not accepted. All materials collected by the court of appeal and located in the case are not subject to additions and are final. Therefore, when filing an appeal, you should analyze the compliance as accurately as possible actual legal relations legal standards that should regulate them. Only a correctly substantiated position will allow the appellate court to resolve the dispute in accordance with current legislation.

Our life, unfortunately, does not always go the way we want it to, and sometimes we have to defend our rights, or defend ourselves from unfounded complaints other people.

Of course, no one forbids hiring specialists savvy in legal issues, in order to fully defend their rights. But not everyone has the money to pay for a lawyer, and their rights and responsibilities in legal field at least in general concepts useful for everyone to know.

Appealing the appellate ruling regional court — legal right citizen

Since the beginning of 2012 in judicial system The three-stage procedure for appealing a decision was supplemented with a fourth stage. If you look through the order of the institutions at all levels where an appeal can be made, primary objection filed in a higher court in relation to the court of first instance.

The judicial institution of the first instance is the organization in which all the circumstances of the case initiated in accordance with the stated claim were initially examined, the testimony of all witnesses, the plaintiff and the defendant was heard, and a decision was made on this case.

If the court of first instance was , the superior above it will be district authority judiciary. If statement of claim was filed in district court, an appeal based on its outcome is filed with the regional or regional court, supreme court of the republic, etc.

Statement of reasonable disagreement, drawn up in accordance with certain rules, is called an appeal. The decision made upon consideration of this complaint is called an appeal ruling. If the applicant does not agree with the decision appellate ruling, he can appeal this document to in the prescribed manner. Such a complaint is called a cassation complaint and is filed with the College of Civil Cases Supreme Court(SC) of the Russian Federation or to the Presidium of regional courts.

The cassation authority may refuse to consider the application, issue a negative ruling or a ruling with any decision. If the plaintiff or defendant who filed the complaint disagrees with this decision, he can do so by submitting a corresponding application to Judicial Collegium in civil cases of the Armed Forces of the Russian Federation, which can also refuse consideration and make a positive or negative decision.

The last authority on the path of those seeking truth and justice is the Presidium of the Armed Forces of the Russian Federation, where supervisory complaint, and the Chairman of the Supreme Court of the Russian Federation, who, in accordance with Art. 381 (Part 1) of the Civil Procedure Code of the Russian Federation, a plaintiff or defendant who is dissatisfied with the previous determinations can write a letter.

The procedure for registering and filing a cassation appeal

The complaint must be drafted correctly

The number of copies of the complaint document corresponds to the number of persons participating in the case under consideration (considered). This list includes:

• defendant;
• plaintiff;
• judge;
• third interested parties.

If you disagree with a court decision, including an appeal ruling, a citizen may file a cassation appeal in higher authorities judiciary in certain deadlines and in the prescribed manner. The decision of the cassation institution will depend to a large extent on the fairness of its employees and significant circumstances case than from the wishes of the applicant.

The video will tell you what the deadline for appeal is:

The Supreme Court figured out when an appeal can accept new evidence and what the procedure should be in these cases. I had to remind myself how to act in such a situation when considering a case about compensation for repairing an apartment after a roof leak - one of the parties submitted to the appeal expert opinion after the decision of the first instance.

In the spring of 2016, there was a flood in Svetlana Mayorova’s one-room apartment* on the top floor: the wallpaper peeled off in the room and kitchen. The cause of the flood was bad condition roofs, what the owner and representatives are talking about management company- MUP “Housing and communal services “Ishleyskoe” - drew up an act. Despite this, the company refused to satisfy Mayorova’s claim. She went to court, where she demanded compensation for damage from the flood of about 30,000 rubles, as well as a penalty and legal expenses.

The first instance recovered damages, although it excluded the penalty. The court recognized that the management company is responsible to the residents for the maintenance of the house.

The appeal did not agree with this decision, overturned it and refused to satisfy the claims. The court referred to the fact that the company actually accepted the house for service shortly before the flood and could not prevent the apartment from flooding. At the same time, the appellate court added new evidence from the defendant, since the first instance “incorrectly determined the circumstances relevant to the case.” In particular, an expert study of the roof structure was accepted, which confirmed that its repair belongs to the overhaul of the building. And since the owners of the house did not decide on major repairs, the company cannot be held responsible for problems with the roof. Moreover, the expert opinion was prepared after the first instance made a decision on the case. The existence of the document became known directly during the appeal hearing, at which the plaintiff was absent.

The Supreme Court did not agree with this position (case No. 31-КГ17-9). Board of civil disputes indicated that management organization is responsible for all services and work aimed at maintaining the house - including the condition of the roof. The company must inspect the house in a timely manner, ensure the roof structures are in good condition and perform preventative repairs. The reference to the fact that she recently took over the management of the house is not a reason to refuse the claim, the Supreme Court pointed out.

I saw the sun procedural violation is that the second instance, without question, added new evidence to the case. This is possible only if the person has justified why he could not present them to the court of first instance according to objective reasons. The court must recognize them as valid. The appellate court issues a ruling on the admission of new evidence.

The Supreme Court, explaining the issue, recalled paragraph 28 of the Plenum Resolution No. 13 “On the application of civil norms by courts procedural legislation regulating the proceedings in the appellate court." It says, in particular: the reporting judge must outline the content of the evidence and discuss whether it is worth accepting, taking into account the opinions of the participants in the case. In this case, evidence is accepted if the court considers valid reasons, for which they have not been presented previously.

If the request for admission and examination of new evidence was submitted directly to court hearing in the appeal, but there was no reference to them in the complaint, then such a petition is considered taking into account the opinions of the participants in the case present at the meeting. At the same time, the one who provides the evidence must prove that valid reasons prevented it from being handed over earlier.

The Supreme Court indicated that new evidence became known already at the hearing, and at the time of consideration of the case in the first instance, the conclusion simply did not exist - it was brought later. Since there was no reference to it in the appeal, the plaintiff was not ready to consider new evidence, the Supreme Court noted. “The presentation of new evidence during a hearing in an appellate court violates one of fundamental principles civil procedural legislation - adversarial law," explains Daniil Ponomarev, lawyer

The Supreme Court of the Russian Federation clarified what procedure must be followed to submit new evidence to the appellate court.

What's the point?

In 2016, as a result of precipitation one-room apartment, owned by the M. family, was flooded due to a leak in the roof. The wallpaper came off in the kitchen and room. An act was drawn up and a damage assessment was carried out. Citizen M. appealed to the management company (hereinafter referred to as MUP) with a complaint. The municipal unitary enterprise refused to satisfy the claim.

M.'s family filed a lawsuit against the municipal unitary enterprise demanding the recovery of damages, penalties, and legal costs.

What did the courts decide?

Court of First Instance the claim was partially satisfied. The family was awarded damages, fines and assessment costs:

• Since 2015, MUP has been managing the building in which the plaintiffs’ apartment is located;
• The apartment was flooded in the spring of 2016;
• This means that the MUP is obliged to compensate the plaintiffs for damages.

The appeal overturned the decision and refused to satisfy the claim. The court accepted the defendant’s new evidence, citing that “the court of first instance incorrectly determined the circumstances relevant to the case, including due to the incorrect distribution of the burden of proof.”

The appeal justified its decision as follows:

• The municipal unitary enterprise accepted the house for maintenance in December 2015, and the apartment was flooded in March 2016. This means that the municipal unitary enterprise could not prevent the roof from leaking;
• New evidence (examination of the condition of the roof of a residential building) shows that the roof structures are 70% worn out, which means that major repairs are required. At the same time, the owners of the house did not make a decision on major repairs.

Then M.’s family contacted cassation appeal in the Sun.

Position of the RF Armed Forces

Judges disagreed with the conclusions of the appeal. And that's why:

• The management company is responsible for maintaining common property At home in in good condition. The roof is also part of the common property;
• In charge management company includes inspection of common property for timely identification and elimination of deficiencies, so that the condition of the property complies with safety standards and requirements, including carrying out routine and major repairs, preparation for the seasons;
• The MUP’s reference to the fact that management of the building began only in December 2015, and the cracks in the roof were filled with mastic before the apartment was flooded, “in itself cannot serve sufficient reason to refuse to satisfy the claim";
• When making its decision, the appellate court relied on additional (new) evidence presented by the defendant to the appellate instance. The defendant did not submit the roofing examination report to the court of first instance when filing an appeal didn't refer to them and did not attach it to the complaint.
  Thus, " the plaintiffs were not ready to consider new evidence, were not familiarized with the expert study report, did not express their opinion on the possibility of accepting it as new evidence, since they were not present at the court hearing.”

The Supreme Court emphasized that the appellate court violated the rules Civil Procedure Code, in particular, paragraph 2 of part 1 of Article 327 1, as well as explanations of the Plenum of the Supreme Court dated June 19, 2012 No. 13 “On the application by courts of the norms of civil procedural legislation governing proceedings in the court of appeal” (clause 28), adopted from defendant new evidence. And the defendant “did not justify the impossibility of providing this evidence to the court of first instance for reasons beyond his control."

The Supreme Court overturned the appeal decision and sent the case for a new trial to the appellate court.