Private complaint against a court ruling: decisions that can be appealed + sample form + requirements for drawing up a document + filing procedure + consideration features.

Sometimes it turns out that during the process an interim judicial act (ruling, resolution) is issued, and one of the parties (defendant/plaintiff) or persons participating in the production case does not agree with it. The second option is that they believe that a mistake was made.

Then you can refer to Art. 331 Code of Civil Procedure of the Russian Federation ( https://goo.gl/HgsRcs), which gives the right to appeal the decision of the first court. In such a situation, a private complaint is created.

It is drawn up on acts of judges of general jurisdiction:

• world,
• district,
• urban,
• garrison.

– this is not a document that is drawn up in free form. It must meet the requirements of another article - 322 ( https://goo.gl/RtL3ta).

The paper has its own characteristics and is characterized by a certain order of submission and consideration. This is what this material is dedicated to.

What court rulings can be appealed?

You can file a complaint not against all court decisions, but only against those that impede further civil proceedings and violate the legitimate interests of legal entities and individuals.

In addition, it is submitted in cases specified in the Code, i.e. with the following court rulings:

The hearing and discussion of private complaints drawn up against court rulings on the temporary suspension of proceedings, its complete termination, refusal to consider an application, takes place without the parties to the proceedings, the prosecutor, witnesses and other persons.

Please note that private complaints will not be considered if they are written in relation to the following court rulings:

The participants in the case are, of course, notified of the decision.

Note:

a person can provide a written appeal from the moment the lawsuit is accepted within 15 days!

If for some reason the applicant missed this deadline, it is possible to restore it. Then a corresponding petition letter is drawn up to the court.

The following are considered justified reasons for such a request:

• plaintiff's business trip
• serious illness,
• technical problems with the jurisdiction,
• secretary's negligence.

A private complaint is sent to the justice system (appeal).

Note,

In response to your complaint, other participants in the case have every reason to present their disagreement.

Appealing a court ruling does not oblige you to pay a state fee.

Requirements for drawing up a private complaint against a court ruling: sample

An objection to a court ruling must be made in writing. The text is compiled based on certain requirements.

Namely:

• compliance with the structure of the document, which requires the presence of a heading part, as well as a descriptive and final part;
• no swearing;
• laconic manner of presentation;
• clarity;
• writing in a business style;
• availability of details.

Mandatory elements of a written appeal are:

• the name of the court of appeal to which the private complaint is sent;
• Full name of the person submitting it (written in full);
• residential address at the time of registration and submission of the document.

The name of the written appeal is written in the center. The descriptive part should indicate in connection with which production case, by whom and when the ruling subject to appeal was issued, and the circumstances of the civil process.

It is also necessary to indicate what the applicant does not agree with (violations committed by the court), refer to the rules of procedural law, and list the interests violated by the ruling appealed by the applicant.

Be sure to confirm the violation of the court by attaching evidence (acts, photos, videos, letters).

This is followed by a template sentence:

After the word “Please,” you must put forward your demands, for example, to cancel the court ruling completely or make a new ruling.

At the end, the list lists the attached materials, includes your signature and the date of compilation.

Application materials and the complaint itself are compiled in quantities corresponding to the number of persons participating in the case. The applicant does not distribute these documents to all participants; this is done by the court of appeal.

An example of a complaint. Submitting an appeal
how to format and send.

Nuances and features of the process.

How is a written appeal submitted and considered?

The subjects submitting a complaint to the court can be the plaintiff or his representative, the defendant (the person representing his interests). A representative of any of the parties is required to present the charter of the legal entity, a power of attorney or another document indicating its jurisdiction.

In addition, a third party participating in the proceedings may become an applicant when the appealed determination concerns his rights. Persons who did not take part in the process can also submit a document if the decision affects their interests.

Moreover, the subjects of submission are:

• officials of the prosecutor's office,
• representatives of municipalities,
• guardianship and trusteeship authorities.

Many lawyers advise sending the document to the authority that carried out the procedural actions.

It is within the competence of the judicial authority to check the availability of the necessary data, additions, and materials substantiating the violation. At the end of the inspection, he sends a written appeal to the appellate court.

Often a private complaint must be returned. However, in this case it must be accompanied by the reasons for which it is returned.

You should not send the document yourself to a higher government agency! He will still be redirected to the first instance.

Submission of the document is carried out independently:

Personally to the office.

One copy of the complaint remains with you, but the office employee must mark acceptance on it.

• By email(via fax).

By postal transfer.

This is done by registered mail for return receipt requested.

Within 5 calendar days from the moment of successful registration of the document, the applicant is sent a notification that it has been accepted for consideration.

Unfortunately, bribing witnesses to give false testimony, bribing a judge, subjective assessment and other factors give rise to an illegal or erroneous decision of the authority.

Private complaint against a court ruling- This is a way of responding to such phenomena. However, remember: the court cannot refuse any citizen to consider a written appeal.

As part of the civil process, it is possible to appeal not only final court decisions, but also private rulings. For this purpose, the Code of Civil Procedure of the Russian Federation provided for the institution of filing a private complaint. Let's consider which determinations can be appealed in civil proceedings, as well as the grounds for appeal.

What decisions can you file a private complaint against?

A private complaint against a court ruling in a civil case is filed in the following cases:

1. On the decision to refuse to open proceedings, return the statement of claim or close the proceedings.
2. For a ruling to secure a claim or a ruling to refuse to secure a claim.
3. For a determination regarding the correction or refusal to correct errors in a judicial act, for a refusal to issue a writ of execution and other determinations related to the execution of a previously adopted court decision.

Obviously, the above list of judicial rulings is not exhaustive, since in the framework of civil proceedings it is possible to file private complaints against a number of rulings of the court of first instance. The main criterion for the possibility of filing such a complaint of the Code of Civil Procedure of the Russian Federation determines the impossibility of restoring lost procedural and other opportunities in the event that the court ruling was made unlawfully.

A private complaint in a civil case is filed through the district (magistrate) to a higher authority. Such an authority can be either a district court (for minor disputes) or a regional court. The time limit for filing a private complaint is limited to five days from the date the party issues or receives the ruling.

Procedure for considering a private complaint

A private complaint is considered within the framework of appellate proceedings. Thus, the consideration of the case includes both verification of factual circumstances and compliance with legal norms. However, it must be understood that the court is limited to considering the legality of the determination and cannot establish facts not related to this issue. Therefore, the complaint must contain arguments and evidence specifically regarding the subject of the appeal. On our website you can see a sample of a private complaint against a court ruling in a civil case, which will help you or your lawyer prepare a quality document.

There is no state fee for a private complaint. The appellate court, depending on the circumstances of the case, has the right to satisfy the complaint, either by issuing a new decision or by deciding to cancel the ruling and subsequently send the case to the district court.

Private complaint against a court ruling. The district court made a default judgment, according to which a certain amount of money was recovered from the defendant in favor of the plaintiff to compensate for the damage caused by the traffic accident. The defendant, not agreeing with the specified court decision in absentia, filed an application to cancel it within the period established by law. However, by the ruling of the district court, the defendant was denied the application to cancel the default judgment. The defendant asks the court to cancel the ruling refusing to satisfy the application to cancel the default judgment.

To the Judicial Collegium for Civil Cases of ____________ City Court

from ______________________ - representative of the defendant - LLC "______"

(in civil case No. ___________ on the claim of ___________________________ against the limited liability company "_____" for damages)

PRIVATE COMPLAINT
for a ruling by the ________________ district court of ______ dated __________

In the year _____________, the district court of the city ______ made a decision in absentia, according to which, from LLC "_____" in favor of ____________, _______ rubles __ kopecks were recovered for compensation for damage caused by a traffic accident, a state duty in the amount of _________ rubles __ kopecks, and only ________ ruble __ kopecks.
Having disagreed with the said court decision in absentia, I filed an application for its cancellation within the period established by law.
However, by the ruling of the ______________ district court of the city _______ dated _______________, my application to cancel the default judgment dated ______________ was denied.
I believe that this ruling is subject to cancellation due to a significant violation by the court of first instance of the norms of procedural and substantive law.
According to Art. 113 of the Code of Civil Procedure of the Russian Federation, persons participating in the case, as well as witnesses, experts, specialists and interpreters are notified or subpoenaed to court by registered mail with acknowledgment of delivery, a subpoena with acknowledgment of delivery, by telephone message or telegram, by fax or using other means communication and delivery, ensuring the recording of a judicial notice or summons and its delivery to the addressee.
A subpoena is a form of judicial notice and summons. Persons participating in the case are notified by court summons of the time and place of the court hearing or the performance of certain procedural actions. Along with a notice in the form of a subpoena or registered letter, copies of procedural documents are sent to the person participating in the case. Subpoenas also serve to summon witnesses, experts, specialists and translators to court.
Persons participating in the case must be served with court notices and summons in such a way that these persons have sufficient time to prepare for the case and appear in court on time.
A judicial notice addressed to a person participating in the case is sent to the address indicated by the person participating in the case or his representative. If the citizen does not actually live at the specified address, the notice may be sent to his place of work.
The ruling states that the representative of LLC "_____" did not appear at court hearings, including those held on ____________, although he was duly notified of this. In fact, I did not receive any summons or other notification about the date and time of the trial, I was not notified about the day of the hearing of the case, moreover, I learned about the existing trial, as well as the decision that took place, after receiving a copy of the default judgment of _____________.
In accordance with Art. 123 of the Constitution of the Russian Federation and Art. 12 of the Code of Civil Procedure of the Russian Federation, civil proceedings are carried out on the basis of adversarialism and equality of rights of the parties, which can be fully realized only if each of the persons participating in the case is given the opportunity to be present at the court hearing. Therefore, these persons must be notified by the court about the date, time and place of the court hearing or the commission of a procedural action using the means and methods provided for in Part 1 of Article 113 of the Code of Civil Procedure of the Russian Federation.
Thus, procedural rights and the principle of adversarial proceedings, provided for by current legislation, were violated.
Also, LLC "_____" was deprived of the opportunity to present to the court evidence refuting the circumstances on which the plaintiff based his claims.
According to paragraph 2 of Part 2 of Article 364 of the Code of Civil Procedure of the Russian Federation, a violation or incorrect application of the rules of procedural law is grounds for overturning a decision of the first instance court only if this violation or incorrect application led or could lead to an incorrect resolution of the case.
The decision of the court of first instance is subject to cancellation regardless of the arguments of the cassation appeal or presentation if the case is considered by the court in the absence of any of the persons participating in the case and not notified of the time and place of the court hearing.
In accordance with Art. 238 of the Code of Civil Procedure of the Russian Federation, an application to cancel a decision in absentia must contain circumstances indicating the validity of the reasons for the defendant’s failure to appear at the court hearing, about which he was not able to inform the court in a timely manner, and evidence confirming these circumstances, as well as circumstances and evidence that may affect content of the court decision.
In accordance with Art. Art. 242, 243 of the Code of Civil Procedure of the Russian Federation, a decision in absentia is subject to cancellation with the resumption of consideration of the case on the merits, if, when considering an application to cancel the decision in absentia, the court establishes that the party’s failure to appear at the court hearing was caused by valid reasons, which she was not able to inform the court in a timely manner, and that in this case the party presents evidence that may affect the content of the adopted decision in absentia.
The court's statement that the application to cancel the default judgment by the representative of the defendant - LLC "_____" was filed only on the __________ of the year, that is, after missing the deadline for filing an application to cancel the default judgment, is untrue.
I made such a statement ____________ year, that is, within the period established by law.
Under such circumstances, the ruling of the court of first instance to refuse to satisfy the application to cancel the default judgment, which excludes the possibility of further progress of the case, decided with violations of the civil procedural law, which limited the rights of participants in civil proceedings guaranteed by the Constitution of the Russian Federation and the Code of Civil Procedure of the Russian Federation, cannot be recognized as legal , reasonable and fair.
Based on the above, guided by Art. Art. 371-375 Code of Civil Procedure of the Russian Federation,-

P R O S H U S U D:

The ruling of the ______________ district court of the city of ________ dated _______________ on the refusal to satisfy the application for cancellation of the default judgment in civil case No. ___________ on the claim of __________________________ against LLC "_____" for compensation of damage dated ________________ caused by a traffic accident - to be cancelled.

Applications:
1. receipt for payment of state duty;
2. copies of the private complaint;
3. copy of the ruling of the _______________ district court dated _______________;
4. copy of the representative’s power of attorney;

_____________
" " ________________ of the year

After large-scale changes in the procedure for appealing court decisions in higher courts, which were introduced at the end of 2010 (Federal Law of December 9, 2010 No. 353-FZ ""), the improvement of the rules for considering cases in appeal and cassation continues. So, at the end of December last year, a law was adopted that changed procedure for considering private complaints and presentations of the prosecutor in the courts of appeal (Federal Law of December 28, 2013 No. 436-FZ ""). The amendments have already entered into force and are effective from January 10, 2014.

Why were the changes needed?

The Constitutional Court of the Russian Federation also mentioned a situation where some persons participating in the case independently learned about the consideration of a private complaint(for example, through familiar court employees) and took the opportunity to voice their position to the higher court. At the same time, their procedural opponents did not have such an opportunity, since the court had no obligation to notify them of the time and place of the hearing. The Constitutional Court of the Russian Federation came to the conclusion that this ultimately leads to a violation of the principles of competition and equality of the parties.

By the way, the Supreme Court of the Russian Federation, in a written review on this case, emphasized that the applicants, if they wanted, could obtain the necessary information on the official website of the court, appear at the meeting and give oral explanations. Judge of the Constitutional Court of the Russian Federation Gennady Zhilin in a dissenting opinion, he noted that this approach makes the possibility of exercising the right to participate in a court hearing dependent on having access to Internet resources and the ability to use them. The information itself, posted on the official website of the court, "cannot be considered as a means of proper notification of the time and place of a court hearing"“, stated the judge.

Having assessed all the pros and cons, the constitutional control body came to the conclusion that the contested provisions and do not contradict insofar as they involve granting the participants in the case the right to know about the filed private complaint, become familiar with its contents, and also send their opinion on the complaint in writing or take personal part in the meeting.

However, in the operative part the Court recommended the legislator to make changes into the procedural rules for considering a private complaint or representation of a prosecutor by a higher court. A little more than a year later, the necessary amendments were made to the Code of Civil Procedure of the Russian Federation (Federal Law of December 28, 2013 No. 436-FZ "").

How the rules for handling private complaints have changed

On January 10, 2014, a new version came into force, changing the procedure for notifying participants in a case about the consideration of a private complaint or a prosecutor’s presentation.

The main part of the changes was made to the “Procedure for filing and considering a private complaint, a prosecutor’s presentation.” Before the amendments, the provisions of this article stipulated that consideration of a private complaint is carried out according to the rules of procedure in the appellate court, with the only exception - the persons involved in the case are not notified.

The following rules are currently in effect.

Stage of receiving a private complaint

After receiving a private complaint or a prosecutor’s presentation, the court is obliged to:

• forward to the persons involved in the case copies of private complaint(prosecutor's presentations) and documents attached to them;
• set a reasonable period during which the parties to the case have the right to present objections in writing regarding a private complaint (prosecutor's presentation) with supporting documents and their copies according to the number of other participants in the case (objections are filed with the court of first instance).

Thus, regardless of notification or non-notification of the time and place of consideration of the complaint, interested parties in any case have the opportunity to learn about its filing, as well as familiarize themselves with its content and respond to it.

Stage of consideration of a private complaint

Consideration of a private complaint or presentation of a prosecutor, as a general rule, takes place without notifying persons involved in the case. The exception is complaints about certain types of definitions, and a list of them in comparison with the previous edition was supplemented by the following:

• on the satisfaction or refusal of the application;
• on the review of court decisions based on newly discovered or new circumstances;
• on forced execution or refusal to enforce a decision of a foreign court;
• on recognition or refusal to recognize a decision of a foreign court;
• on recognition and execution or refusal to recognize and enforce decisions of foreign arbitration courts (arbitrations);
• on the cancellation of the arbitration court decision or refusal to cancel the arbitration court decision;
• on the issuance of a writ of execution for the forced execution of an arbitration court decision;
• on the refusal to issue a writ of execution for the forced execution of an arbitration court decision.

On the consideration of complaints against these rulings (along with rulings on the suspension of proceedings in the case, on the termination of proceedings on the case, on leaving the application without consideration) the court must notify all persons involved in the case.

Moreover, the courts are given the authority to summon participants in the case to a hearing at which a private complaint or presentation of the prosecutor is considered for any definition– including those not included in the specified list. This is possible if the court comes to the conclusion that their presence is necessary, taking into account the nature and complexity of the procedural issue being resolved, as well as the arguments of the private complaint and objections to it. In accepting, the Constitutional Court of the Russian Federation emphasized that it has no reason to believe that the courts of second instance, when considering private complaints against the rulings of the court of first instance, will act arbitrarily, without taking into account the real need for a hearing.

In addition, the legislator separately stipulated the possibility of establishing special deadlines for consideration of private complaints. Part 4 was added, establishing that consideration of private complaints is carried out within the time period provided for the consideration of the case in the court of appeal ( three months from the date of entry into court for the RF Armed Forces and two month– for other vessels), unless otherwise provided by the Code of Civil Procedure of the Russian Federation. A similar clause on the possibility of establishing special deadlines for certain categories of private complaints and submissions of the prosecutor was also established in relation to deadlines for their submission to a higher court ().

The changes also affected the provisions of paragraph. 2 and para. 2. Before the amendments were introduced, it was stipulated that the consideration of private complaints against decisions to leave without progress or return an application on awarding compensation for violation of the right to trial within a reasonable time or the right to execute a court order is carried out without notifying the parties. Now the words “without notifying the parties” are excluded from the text of these articles.

Of course, these amendments to procedural legislation expand the range of guarantees for interested parties, however, it should be noted that not all areas of legislation manifest subsequence regarding the presence of the applicant at the hearing of his case. For example, the rules on the new claim procedure for consideration of tax disputes (Federal Law of July 2, 2013 No. 153-FZ "") directly enshrined in the rule on the consideration of a taxpayer's complaint by a higher inspection without his participation (in the previous wording, an indication of the consideration of a taxpayer's complaint in he was missing).

Opinion

Alexander Morozov, Ph.D. Sc., head of practice "Financial and banking law" of the law firm "Zapolsky and partners":

“The adopted amendments expand the list of cases in which it is unacceptable to consider a private complaint or a prosecutor’s presentation without notifying the persons involved in the case, and also regulate in detail the duties of the trial court after receiving a private complaint or a prosecutor’s presentation.

The new edition takes into account the legal position of the Constitutional Court of the Russian Federation, reflected in No. 29-P dated November 30, 2012, on the obligation to notify persons participating in the case as a guarantee of the exercise of the right to personal participation in a court hearing.

The amendments provide more opportunities than before for participants in the process to convey their position to the court, challenge the court, and be heard by the court.

At the same time, one cannot help but note the risk of delaying the trial due to some vagueness in the wording of the new edition regarding the deadlines for submitting objections to a private complaint or a prosecutor’s presentation. But the old edition didn’t have that either.”

The state fee for a private complaint is not paid.
The cassation office accepts appeals against a determination based on a private complaint.

When to file a private complaint and is it worth filing?

In accordance with Art. 331 of the Code of Civil Procedure of the Russian Federation, the judge’s ruling can be appealed to the appellate court separately from parties and other persons participating in the case, in cases (incomplete list):

— provided for by the Code of Civil Procedure of the Russian Federation;

- when the ruling of the magistrate excludes the possibility of further progress of the case.

In other cases, private complaints against the judge’s rulings are not filed; objections to these rulings may be included in the appeal. A private complaint is filed in the manner prescribed for appealing a judge’s decision (Article 320 of the Code of Civil Procedure of the Russian Federation).

The private appeal is filed through the trial judge to the appellate court. The content of a private complaint must meet the requirements of Art. 322 Code of Civil Procedure of the Russian Federation. A private complaint may be left without progress by the judge or returned to the person who filed the complaint, on the grounds provided for leaving without progress or returning an appeal (Articles 323, 324 of the Code of Civil Procedure of the Russian Federation).

The exception is such grounds for leaving a complaint without progress as non-payment of state fees. Unlike an appeal, a private complaint is not paid with a state fee. When a private complaint is filed against a ruling that is not subject to independent appeal, the judge must return the private complaint to the person who filed it.

A judge, when accepting a private complaint, must check whether the judge’s ruling specified in the complaint or presentation can be appealed separately from the decision.

Is a private complaint not subject to appeal?

The question is what to appeal and how. It is better to appeal the judicial act with a specialist! Too many subtleties, too many trade secrets, too much for the reader. But not for those who live in legal terminology. To appeal, you need knowledge and confidence, acumen and psychological attitude. And most importantly, a person who will explain how to act specifically in the current situation. Are you still thinking whether to call or not? To be honest, there is no time to think about it. Complain about the judges! Ours is a free country...

PRIVATE COMPLAINT AGAINST COURT DECISION

Ruling on refusal to transfer a private complaint to the appellate authority.

PRIVATE COMPLAINT AGAINST A COURT DECISION IN A CIVIL CASE OF THE RF Civil Procedure Code SAMPLE

To the Moscow Regional Court

Through Ensky City Court

Moscow region

Applicant:__________________________________________

Defendant (or plaintiff) ________________________________

Address: ____________________________________________

There is no state duty (Part 2 of the Tax Code of the Russian Federation)

PRIVATE COMPLAINT SAMPLE

to the court ruling dated "__"______2014. in civil case No. - _____

(the sample is suitable for appealing any determinations)*

“__” ______ 2017 federal judge of the Ensky City Court of the Moscow Region Ivanova I.A. Carrying out the functions of a representative of the authorities and being an official of the first judicial instance, she exceeded her official and procedural powers.

The judge made a ruling to consider the issue of accepting a private complaint according to the ruling she had previously made on “__” _______ 2013. Thus, the judge took steps to return a private complaint, which clearly went beyond her powers and resulted in a significant violation of the applicant’s rights and legitimate interests to access justice in the appellate instance.

Such actions of judge Ivanova I.A. should be qualified as abuse of power. The constitutional right of the plaintiff in accordance with Articles 45, 46, 118, paragraph 3 of Article 123, and the interests of the applicant protected by law in:

— clause 8. When administering justice, one must comply with the requirements of procedural legislation on the procedure, timing of preparation and appointment of court hearings.;

- clause 12. It is necessary to constantly improve the quality of drafting court documents...;

— clause 13. The time limits for consideration of cases are inextricably linked with the right to a fair trial (the Law of the Russian Federation “On the Status of Judges in the Russian Federation”) - they were significantly violated.

The interests and rights of the plaintiff suffered significant harm due to what was admitted by judge Ivanova I.A. violation of their official and procedural powers. Under the violation of the legitimate interests of the plaintiff as a result of the excess of judge Ivanova I.A. official authority should be understood, in particular, as creating obstacles in meeting the applicant’s needs that do not contradict the rules of law.

Namely, the creation by an official Judge Ivanova I.A. actions actively preventing and limiting the applicant’s ability to access the appellate authority with a private complaint against its determination dated “__” _______ 2013. In fact, the judge’s actions suspended the proceedings and clearly went beyond the powers of the trial judge Ivanova I.A.

Resulting in a significant violation of the rights and legitimate interests of the plaintiff. At the same time, judge Ivanova I.A. being the deputy chairman of the Yensky City Court of the Moscow Region, she realized that she was acting beyond the powers vested in her.

Exceeding official powers is expressed in the commission, in the performance of official duties, by judge Ivanova I.A., of actions (consideration of a private complaint and its return to the plaintiff), which:

- relate to the powers of the appellate authority (i.e. superior status);

- can be committed only in the presence of special circumstances specified in Chapter 39 “Proceedings in an appellate court” of the Civil Procedure Code of the Russian Federation;

- committed by judge Ivanova I.A. individually, but must be carried out only collectively in accordance with the procedure established in Chapter 39 “Proceedings in the court of appeal” of the Civil Procedure Code of the Russian Federation.

The motive for the illegal action of judge Ivanova I.A. I don't know.

Judge Ivanova I.A. upon receipt of my private complaint, I should have been guided only by Chapter 39 “Proceedings in the court of appeal” of the Code of Civil Procedure of the Russian Federation with the exceptions provided for in part two of Article 333 of the Code of Civil Procedure of the Russian Federation, sent copies of the private complaint to the parties and transferred it with the case materials for consideration to the second instance.

However, “__” _______ 2017, federal judge of the Ensky City Court of the Moscow Region Ivanova I.A. Carrying out the functions of a representative of the authorities, being an official of the first judicial instance, she exceeded her official and procedural powers.

Issued a ruling to consider the issue of accepting a private complaint based on the ruling issued on “__” ________ 2013. thereby committing illegal actions to return my private complaint. The judge’s actions clearly went beyond her powers and resulted in a significant violation of the applicant’s rights and legitimate interests of access to justice in the second instance.

The applicant did not receive the judge's instructions contained in the ruling to dismiss the complaint without further progress.
The applicant did not miss the deadline to appeal the ruling dated “__” _____ 2013.
The applicant did not commit any act or omission to refuse to transfer his private complaint to the second instance.

I ASK THE COURT:

Cancel the ruling of the Yensky City Court of the Moscow Region on the return of a private complaint, consider a private complaint against the ruling on leaving without movement.

Application:

1. The appealed determination of “__” _______ 2017.
2. Complaint against the ruling on leaving without movement dated “__” _____ 2013.

*(Specify the complaint by dates, full name, name of the court and the subject of the appealed court rulings)

PRIVATE COMPLAINT of the Code of Civil Procedure of the Russian Federation

Private complaint against a court ruling

Deadline and procedure for filing private complaints about errors in court rulings in a civil case.

How and when to complain about a judge?
In an appeal, only those determinations are appealed that exclude the possibility of further progress of the case or if this is provided for by the Code of Civil Procedure of the Russian Federation:
- a determination to refuse to accept an application for a court order,
- ruling on refusal to explain the court decision,
- determination to terminate the proceedings,
- determination to leave the application without consideration...

Other determinations cannot be appealed, but violations of them can and should be stated in an appeal:
- rulings on acceptance of the claim by the court of first instance,
— on the refusal to satisfy a request to disqualify a judge,
- on separating the claim into separate proceedings,
- preparing the case for trial,
- on consolidation of cases into one proceeding,
- on postponing the trial,
- on the collection of evidence.

The procedure for filing a private complaint follows the rules for filing an appeal.
The filing deadline is within 15 days from the date of the appealed ruling. And of course, restoration periods apply in the case of a “protracted” production of the determination.
Persons not involved in the case also have the right to file a private complaint against the court’s ruling.

A private complaint is considered without notifying persons or summoning persons.
Exception to private complaint about definitions:
- on termination of proceedings in the case;
— about leaving the application without consideration;
- on suspension of proceedings in the case.

And so that the parties “do not get in the way” in accordance with Articles 14 and 16 of the Federal Law of December 22, 2008. N 262-ФЗ " On ensuring access to information about the activities of courts in the Russian Federation" - information about the time and place of consideration of a private complaint is posted on the website of the appellate court.

In the premises of the appellate court, information is posted on the doors, regardless of the order in which the private complaint will be considered.
Cancellation or modification of the definition is carried out on the basis of 330 Code of Civil Procedure of the Russian Federation.
The time frame for consideration of a private complaint in the second instance is two months, in the Supreme Court of the Russian Federation no more than three months.

PRIVATE COMPLAINT AGAINST A COURT DECISION IN A CIVIL CASE

17 procedural reasons to file a complaint that judges are silent about.

1. transfer of the case to another court or refusal to transfer to another court (part 3 of article 33 of the Code of Civil Procedure of the Russian Federation);
2. replacement or refusal to replace the legal successor (part 3 of article 44 of the Code of Civil Procedure of the Russian Federation);
3. refusal to provide evidence (part 2 of article 65 of the Code of Civil Procedure of the Russian Federation);
4. issues related to legal costs (Article 104 of the Code of Civil Procedure of the Russian Federation);
5. refusal to add or reduce a court fine (Article 106 of the Code of Civil Procedure of the Russian Federation);
6. refusal to restore the missed deadline (part 4 of article 112 of the Code of Civil Procedure of the Russian Federation);
7. refusal to accept a statement of claim (Article 134 of the Code of Civil Procedure of the Russian Federation);
8. return of the statement of claim (part 3 of article 135 of the Code of Civil Procedure of the Russian Federation);
9. leaving the statement of claim without progress (part 3 of article 136 of the Code of Civil Procedure of the Russian Federation);
10. issues of securing a claim (Article 145 of the Code of Civil Procedure of the Russian Federation);
11. making corrections to the decision (part 3 of article 200 of the Code of Civil Procedure of the Russian Federation);
12. refusal to make an additional decision (part 3 of article 201 of the Code of Civil Procedure of the Russian Federation);
13. the question of clarification of the decision (Part 3 of Article 202 of the Code of Civil Procedure of the Russian Federation);
14. indexation of collected amounts (part 3 of article 208 of the Code of Civil Procedure of the Russian Federation);
15. the issue of immediate execution of the decision (Part 3 of Article 212 of the Code of Civil Procedure of the Russian Federation);
16. suspension of the proceedings (Article 218 of the Code of Civil Procedure of the Russian Federation);
17. the issue of postponing or installment execution of the decision, as well as changing the method and procedure for its execution (Article 203 of the Code of Civil Procedure of the Russian Federation).

Sequence of actions in civil proceedings.

1. Checking of persons who have appeared.
2. Reading out the applicant's wishes.
3. The question is whether the applicant supports his claims.
4. It is advisable to start the applicant’s answer with the words: “Yes, as a result...(here reveal the position in 2-3 sentences).”
5. Next, a question to the opponent, if there is one (usually only the applicant is present).
6. Next, again, an additional question to the applicant of the private complaint.
7. Meeting of judges (in the deliberation room on a private complaint, they sometimes say: “We have already adopted a ruling” and voice the operative part of the ruling on a private complaint).

Determinations that prevent further progress of the case include determinations to terminate proceedings in the case (Article 220 of the Code of Civil Procedure of the Russian Federation); about leaving the application without consideration (Article 223 of the Code of Civil Procedure of the Russian Federation); on leaving the appeal without progress (Article 323 of the Code of Civil Procedure of the Russian Federation).

Having accepted a private complaint, the magistrate must send copies of the complaint and presentation to the persons participating in the case. Out of excitement, many do not remember the ruling they heard on a private complaint. Take a voice recorder with you or turn on the voice recorder on your cell phone!

What to talk about point 4 (they will listen to your short remark):

about his actions in the first instance, which were not assessed by the judge of the first instance and were not specified in his ruling. Sample remarks by definition regarding refusal to accept a claim: “I handed over the original along with the explanation for the claim and signed the claim and explanation in my own hand. The Tax Code does not oblige me to pay the exact amount of state duty. Look at the explanation of the claim and the private complaint."

What to talk about point 6 (they will listen to your detailed position):

about the bias of several judges, a new definition must be shown. Sample remarks by definition about the refusal to accept a claim: “I was forced to re-file the claim. Remembering the first unfounded demands, I prepared a claim taking into account biased remarks. But my claim was rejected based on other made-up arguments.” (Show the definition of Judge Zemlemerova).

Next (immediately before interruption): “ And I support this private complaint on the following grounds: the original of the state duty is attached to the claim and the explanation to the claim in the original, and it is difficult to determine the state duty in such a dispute due to hostile relations with the opposite party and, in addition, the Tax Code does not oblige me to accurately determine the amount of the state duty».

If, before the expiration of the period for appeal, the magistrate receives explanations on a private complaint, then copies of them must also be sent to the persons participating in the case.

After the period for appeal has expired, the magistrate sends the case with a private complaint and the explanations received to the district court only in the event of an appeal against a ruling that excludes the possibility of further progress of the case.

If the appealed ruling is not an obstacle to the progress of the case, then the magistrate does not send the entire case to the district court, but only the documents necessary to consider the complaint.

How to win a trial?

About the probability of winning the process in the 1st, appellate, cassation and supervisory instances.

How to object to an expert about an invoice?

What to do a month later, when the conclusion is submitted to the court with an attached invoice for “five zeros”?

PS: Per price per pair I will correct the procedural style of complaints, the structure of presentation, terminology and justification of arguments ( but there will be no hour-long lectures on legal education).