How to file a complaint against a district court decision in an administrative case? On administrative cases How to appeal against a court decision on administrative.

02.04.202227.05.2017

The ability of citizens to challenge an unfair court decision is the foundation of Russian justice. Administrative proceedings are no exception: the imposition of a fine by the traffic police, punishment for misconduct, refusal to consider a claim for inaction of an official can be appealed first in an appeal, and then in cassation. How to competently draw up a cassation appeal in an administrative case in order to win it?

Cassation in administrative proceedings

Cassation is the 3rd stage of the consideration of the case and the 2nd stage of appealing the controversial decision. Its rules, procedure and in administrative proceedings are explained by Chapter 35 (Art. 318–331) of the RF CAS.

The cassation is called "the trial of the court." The Board of the 3rd instance checks how accurately and fully the decisions of their lower colleagues comply with the norms of the CAS and the Code of Administrative Offenses of the Russian Federation, and looks for judicial errors. These include:

use of an outdated, inappropriate law;
misinterpretation of the norms, for example, contrary to the recommendations of the Supreme Court of the Russian Federation or judicial precedents;
failure to apply the law that needed to be used;
understaffed composition of the court, violation of the rule on language, lack of minutes or signatures of arbitrators on the final act, other gross procedural errors in previous proceedings, etc.

The second and third instances analyze different aspects of the case under consideration. Duplication of the text of the appeal to the cassation is the most frequent argument for refusing to consider it.

A participant in the proceedings, a prosecutor or any person whose rights and interests were affected by the controversial decision can appeal the case in cassation. Only a judicial act that has entered into force, including an appeal, is subject to challenge.

Cassation is essentially a two-stage procedure. Mistakes of district and magistrate arbitrators are analyzed by the Presidium of the court of the subject of the Federation (regional, republican, regional). If the result of the consideration in the regional court did not satisfy the plaintiff, he may file a complaint with the Board of Administrative Cases of the Russian Armed Forces.

Rules for drawing up a cassation complaint

Art. 320 of the CAS of the Russian Federation indicates how to correctly draw up a claim in a court of 3rd instance. It must contain:

"A cap"	the name of the judicial authority; Full name of the author, address for correspondence, contact details; attitude to the process (plaintiff, defendant). If the cassator did not participate in the case, he must explain how the controversial decision affected his rights and interests; list of persons involved in the case, their procedural status.
Preamble	brief description of the case; list of courts and their decisions.
Motivational part	violations of substantive or procedural law that were committed by arbitrators of lower instances; a description of how the decision would have changed after judicial errors were corrected.
Pleading part	The requirements of the cashier to cancel the disputed act or to transfer the case for reconsideration. The board of the 3rd instance can make a new decision on its own, if there is enough evidence and they do not need to be reassessed.
Final part	list of documents; Author's signature, transcript, date.

The motivational part is the most important part of the cassation appeal. The third instance does not consider the case on the merits. It checks the decisions of the arbitrators for their legality, and not fairness from the point of view of the parties to the dispute. Moreover, the violations must be significant. It is better to write them down point by point, with references to the current norms, recommendations of the Armed Forces of the Russian Federation, and judicial practice.

Not worth:

mention typos, spelling errors, incorrect calculations;
refer to previously unknown circumstances of the case;
require re-evaluation of evidence;
give an emotional assessment of a controversial decision.

Application procedure

You need to prepare a package of documents for the application:

copies of all court decisions, certified by a "living" seal in the office of the court of the initial stage;
a receipt for payment of the state fee in favor of the branch of the cassation court (150 rubles for individuals);
copies of the case materials according to the number of persons participating in the process;
power of attorney, if the author's representative acts on behalf of the author. A warrant will be required from a lawyer - confirmation of his powers and qualifications;
a request for the restoration of the deadline, if it was missed.

Six months are given for appeal from the moment when the judicial act came into force. The complaint is sent directly to the Court of Cassation. The presidium of the regional (regional, regional) court accepts for revision the acts adopted by the magistrates and district arbitrators.

The collegium of the Supreme Court of the Russian Federation checks the cases that have already passed the cassation in the region, and those for which the court of the subject was the initial instance. In 2017, you can send a complaint and scans of documents to the Supreme Court via the Internet, using the online form on its official website.

The decision in the court of 3rd instance is taken by the panel of arbitrators. But before the case gets to consideration, it goes through the so-called "filtering". An independent judge checks the complaint for compliance with the procedural requirements: whether it was filed on time and under jurisdiction, whether the author is entitled to challenge the decision.

The motivation part is also read. If the cassator does not base his demands on the judges' mistakes, but, for example, requires a re-evaluation of the evidence, the complaint will not be allowed to proceed. "Filtering" eliminates 8 lawsuits out of 10. If the case is considered by the board, it means that it has good potential.

The court sends copies of the materials to all participants and gives them time to study and prepare objections. During the meeting, the plaintiff and the defendant have the right to only one speech. The arbitrators then retire and decide by vote. It is believed that the more time it takes for the meeting, the higher the chances of the cashier to win the case.

If the complaint did not pass the stage of preliminary verification in the regional court or the author is not satisfied with the results of the cassation consideration, he can apply to the Supreme Court of the Russian Federation. In the Collegium for Administrative Cases of the Armed Forces, the procedures are the same: “filtering”, one meeting, making a decision.

It is not worth delaying writing and filing a cassation complaint on an administrative offense. Both stages of cassation - the Presidium of the Court in the region and the Supreme Court of the Russian Federation - are given a total six-month period. It includes, among other things, the time for obtaining certified copies of the adopted acts, which can take up to 2 months.

In the court of the subject, the cassation process takes up to 30 days; if it was additionally required to raise the case materials - up to 60 days. In the Armed Forces of the Russian Federation, the period is 2 and 3 months. As a rule, the board does not go beyond the arguments mentioned by the plaintiff.

Based on the results of the cassation, the panel may make one of the following decisions:

refuse the plaintiff, leave the case unchanged;
transfer the materials for a new consideration to the court of the 1st or 2nd instance;
make a new decision on your own;
cancel the disputed decision/determination and terminate the proceedings.

According to the statistics of the Armed Forces of the Russian Federation in 2016, out of 1431 considered complaints in administrative cases, including offenses, new decisions were made on 200. 87 cases were sent for retrial.

Much in cassation depends on the correct, competent preparation of the claim. The complaint must be unique, written on the basis of a specific case, with an analysis of the actions and decisions of the arbitrators. According to the same statistics, in 2016 only 1,431 lawsuits in the Supreme Court of the Russian Federation reached the consideration of the collegium, that is, they successfully passed the “filtering”. And only 17113 complaints were filed.

It is very difficult to draw up a cassation claim so that it is considered by the board. And winning a dispute in the 3rd instance is the height of skill even for experienced lawyers. Those who intend to defend their case in the court of cassation are strongly advised to resort to professional legal assistance.

The Code of Administrative Procedure (CAS) of the Russian Federation has been in force since 2015. It describes the procedure for the consideration of administrative cases. The word "administrative" is found in the titles of two codes. These are the CAS of the Russian Federation and the Code of Administrative Offenses of the Russian Federation. Cases of administrative offenses are not considered in accordance with the rules of the Code of Administrative Offenses of the Russian Federation, they are subject to Sec. IV Code of Administrative Offenses of the Russian Federation. Considering that administrative cases and administrative offenses are different concepts, in our case we are guided by the norms of the Code of Administrative Offenses of the Russian Federation.

Deadline for filing an appeal

To appeal, i.e. to file a formal complaint with a higher authority, protesting against a decision in an administrative case can:

side of the administrative case;
the person whose interests are affected by the disputed decision.

The prosecutor is also vested with the authority to file an appropriate submission as this is an act of prosecutorial response to a decision on an administrative offense. When appealing against a decision in an administrative case, the deadlines for filing an appeal must be observed. Art. 298 of the CAS RF allocates exactly one month for filing this complaint - this is 29, 30, 31 or 32 days. If the decision is made on February 1, 2019, the deadline for filing a complaint is March 1. 2019 is not a leap year, February has 28 days. Counting the day of the decision, we have 29 days. And between May 1 and June 1, 2019 - as much as 32 days.

Art. 298 CAS RF provides for a number of exceptions. A period of 10 days is provided for appealing in proceedings on cases relating to:

the regional law on the dissolution of the local representative body of power;
placement of a deported foreigner in a special institution;
administrative supervision;
forced admission to a psychiatric hospital.

Even less, only 5 days, is given for appeal, if we are talking about the election commission. If the deadline for appeal is missed, but there is a good reason for that, you can try to restore the deadline. If the court deems the reason valid, it will determine a new term by its decision. Judicial practice refers to such reasons associated with a disorder of health, absence from the city for work. Restoring the deadline does not guarantee a decision in your favor, but it does give you a chance.

What to include in the application

The law does not define the form of an application for an appeal in an administrative case, but contains a specific list of information that must be contained in the document. The novelty of the current version of the CAS RF is that an electronic complaint is allowed, filed by filling out the appropriate form on the Internet portal of the court. Complaint, pursuant to Art. 299 CAS RF, consists of five parts.

Application header.
Statement of the essence of the contested decision.
Request to the Court of Appeal.
Attachments with materials not in the file.
Receipt for payment of state duty.

The heading should indicate the name of the court to which the complaint is addressed. Information about the submitter is also indicated here, starting with the procedural status (party to the process, the person whose interests are affected by the decision). For individuals, the document indicates the surname, name, patronymic, place of residence. For organizations - name, form of ownership, place of registration, contacts.

If you are not a prosecutor, then the document is called "Appeal". The text itself begins with a summary of the decision you are filing a complaint against. The disputed resolution should be reflected with references to the specific articles of the law mentioned in it. In the application, you must indicate the circumstances that allow you to raise the question of the legitimacy of the decision adopted in the administrative case.

You must directly list the norms of the law violated by the decision, ignored or misinterpreted by the court. Your application must contain a constructive idea, otherwise the court of appeal will not accept it for consideration. You yourself must offer a way out of the situation that suits you and is acceptable to the court. To do this, after the subheading “I ask”, clearly and unambiguously state the essence of the desired decision of the court of appeal.

The application must be accompanied by all the documentation you have that confirms your correctness, which is not in the case file. Moreover, if you want to take into account circumstances that do not appear in the case, you must prove that they were not examined in court for objective reasons.

The complaint must be accompanied by a receipt for the payment of the state fee - a special fee intended to compensate for the court costs of the appeal. The amount of the duty is determined by the Tax Code (TC) of the Russian Federation. It provides for a number of categories of applicants who have benefits in paying the state fee when filing an appeal or who are completely exempted from paying it. If you belong to one of these categories, provide a link to the relevant article of the Tax Code of the Russian Federation in the application.

Download a sample of the appeal in an administrative case in order to correctly draw up your version of the application based on it. For a successful appeal against court decisions that have not entered into legal force, the document must be drawn up correctly and submitted on time.

How does an appeal work?

An appeal should be filed at the place where the decision on the administrative case that did not satisfy the plaintiff was made. It is necessary to address and refer the package of documents to the secretariat of the court of the first instance. Even if you send them to a higher court using the services of the Russian Post, it will still redirect your documents to the judicial authority for jurisdiction, which will consider them for:

legitimacy of filing a complaint;
compliance of its content with the established requirements;
availability of a receipt for the payment of state duty,
observance of the appropriate deadlines provided for such appeals of citizens.

If it detects violations, it will allocate a period for bringing the documents in line. When a positive decision is made, it will notify the participants in the process of the receipt of the complaint, collect the objections stated from them, make sure that there is no statement on the withdrawal of the complaint and send the documents for consideration.

The decision of the court on the results of the review

If the Court of Appeal deems it necessary, then after receiving a complaint against the decision in the case of an administrative offense, it may suspend the execution of the decision of the court of the first instance, demand materials on the disputed case. The appeal is considered collectively.

The law allocates two months to the court of the subject of the Federation for consideration of the submitted complaint, and three months to the Supreme Court. For complaints about holding mass events, a decision is made at least one day before they are held. A decision related to voting rights must be made 2 days before voting.

Hearings in the case are not limited to the claims filed by the complainant. Based on the results of its consideration, the judiciary can make one of three decisions.

Reject the complaint in the administrative case and leave the contested decision unchanged.
Make an alternative decision different from the challenged one.
Make a decision to remand the case for rehearing.

1. An appeal or presentation may be filed within one month from the date of the final decision of the court, unless other terms are established by this Code.

2. An appeal, a submission against a court decision in an administrative case on contesting the law of a constituent entity of the Russian Federation on the dissolution of the representative body of a municipal formation, on contesting a legal act of the highest official of a constituent entity of the Russian Federation (head of the highest executive body of state power of a constituent entity of the Russian Federation) on dismissal of the head of the municipality, challenging the decision of the representative body of the municipality on self-dissolution or contesting the decision of the representative body of the municipality on the dismissal of the head of the municipality may be filed within ten days from the date of the final decision of the court.

(see text in previous edition)

3. An appeal, a submission against a court decision in a case challenging a normative legal act adopted by an election commission, or a normative legal act on the implementation of electoral rights and the right of citizens of the Russian Federation to participate in a referendum, which regulate relations related to this election campaign, referendum campaign, in a case on the protection of electoral rights and the right to participate in a referendum of citizens of the Russian Federation, may be filed within five days from the date of the decision by the court.

3.1. An appeal, a submission against a court decision in an administrative case on the immediate removal of a member of a precinct election commission, a referendum commission from participation in the work of the commission, the immediate removal of an observer, another person from the voting premises may be filed within five days from the date of the decision by the court.

4. An appeal, a presentation against a court decision in a case on the placement of a foreign citizen subject to deportation or readmission in a special institution or on the extension of the period of stay of a foreign citizen subject to deportation or readmission in a special institution may be filed within ten days from the date of adoption. court decision.

5. An appeal, a presentation against a court decision in an administrative case on administrative supervision may be filed within ten days from the date of the decision by the court.

6. An appeal, a submission against a court decision in a case on the hospitalization of a citizen in a medical organization providing psychiatric care in an inpatient setting, on an involuntary basis, on the extension of the period of hospitalization of a citizen on an involuntary basis, on a psychiatric examination of a citizen on an involuntary basis, or on hospitalization of a citizen in a medical anti-tuberculosis organization in an involuntary manner can be filed within ten days from the date of the court's decision.

An appeal is a statutory mechanism for the partial or complete annulment of an earlier court decision, which can be used by both the plaintiff and the defendant. If we are talking about an offense that falls under the scope of one or more articles of the Code of Administrative Offenses of the Russian Federation, then if any participant in the process does not agree with the verdict, he can file an appeal in an administrative case, provided that the court decision has not yet entered into legal force.

Who can apply

Any capable and adult participant in the process who does not agree with the position of the court and wants to appeal it to a higher authority can file an appeal. This right is vested in:

citizens of the Russian Federation residing on the territory of the country or abroad;
persons with dual citizenship;
private and public organizations, companies and institutions;
officials and civil servants;
public associations and their employees;
stateless persons (refugees, migrants, foreigners).

Important! Only citizens with legal personality (with objective rights or fulfilling legal obligations) can appeal against the punishment.

Compilation rules

Due to the fact that errors in the text of the document and non-compliance with the requirements of the current legislation for its execution may be the basis for rejecting the appeal, the applicant must pay special attention to the process of its preparation, indicating all the information necessary for the court. To do this, you can use the sample, highlighting the three main parts that should contain certain information:

Introduction. In the upper right corner, the applicant must indicate the full details of the judicial authority where the document is sent, his personal data (name, place of registration and residence, possible contacts for communication) and similar information of all participants in the process. The introduction should also highlight the contested legislative acts, including the number of the protocol on an administrative offense, the resolution and decision of the first instance.
Main part. So that the court has no doubts about the advisability of re-reviewing the previously made decision, the plaintiff must clearly state the reason for the appeal, list the grounds for appealing the judicial act that has not entered into force and his requirements (what result of the challenge he considers fair). How competently this part of the document will be drawn up largely depends on whether it will be adopted by a higher authority and what decision will be made after its consideration.
The final part, which provides a list of additional materials and other necessary evidence.

At the same time, a citizen has the right to file a short appeal if there is a fear that he will miss the statutory deadline for challenging (for example, if the appeal period is coming to an end, while a copy of the decision of the judicial authority has not yet arrived from the court of first instance). In such a situation, you can write a preliminary appeal, deliberately drafting it without observing the requirements of procedural law, so that the judge who receives it makes a decision to eliminate the identified violations. And, despite the fact that such an application will remain without movement, after receiving all the necessary materials, the applicant will be able to re-submit a complaint, which will be accepted by a higher authority.

Important! A preliminary appeal is filed like a regular appeal, but it lacks the required attributes, such as the number of the decision, the date of its issuance, etc.

Submission procedure

In accordance with the provisions of the Code of Administrative Offenses of the Russian Federation, an earlier decision must be appealed only through the court that issued it. The document can be submitted:

personally at the office of the judicial authority, presenting an identity card. On the copy of the applicant, the secretary must affix the date of acceptance, which will be a confirmation of its acceptance;
by registered mail with notification. You can find out the address for sending correspondence on the website https://sudrf.ru/.

To exclude the possibility of losing documents, it is better for a citizen to contact the court office on their own. At the same time, the submission of such a document is not associated with the payment of a state fee: in accordance with paragraph 5 of Art. 30.2 of the Code of Administrative Offenses of the Russian Federation, both legal entities and individuals are exempted from this obligation when it comes to challenging a decision in an administrative case.

The complaint and the necessary materials are submitted to the court along with copies according to the number of participants in the process of its consideration. Otherwise, the documents may be returned to the applicant.

Within three days after the receipt of the appeal by the court of first instance, it must be redirected to a higher judicial body.

Submission deadline

In accordance with Art. 30.5 of the Code of Administrative Offenses of the Russian Federation, a complaint filed with an official or body that is endowed with appropriate powers must be considered within 10 days from the date of its receipt. The court of higher instance is obliged to make a decision on the accepted complaint in an administrative case within 2 months, if the applicant has provided a complete set of necessary documents. The appeal may be:

fully satisfied;
not satisfied;
partly satisfied by the outcome of the consideration of the case.

If the court of higher instance concludes that the earlier ruling is contrary to the norms of the current legislation, then it can also be canceled.

Important! If the applicant did not have time to file an appeal before the expiration of the appeal period, then simultaneously with the filing of an appeal, a request for restoration of the missed period should be submitted or such a request should be indicated in the text of the complaint.

Return of the appeal to the applicant

The filed complaint may be returned and not accepted for consideration if:

the statutory deadline has been missed. In such a situation, the citizen has the right to seek the restoration of the term if he can prove that the missed appeal is due to serious reasons;
the document was drawn up with gross violations of the requirements of the Code of Administrative Offenses or errors in the data;
it was filed by a citizen who does not have the relevant rights.

Consideration order

A complaint in an administrative case is considered by an authorized official or a judge alone. After receiving all the necessary documents during the trial, it is announced who filed the appeal, who will consider it and which complaint is subject to consideration.

The court must establish the appearance of the person (natural or legal), in respect of which the contested decision was made, or his legal representative, acting in accordance with the power of attorney. In addition, the presence of persons summoned to participate in the trial is mandatory.

Before the beginning of the consideration, the powers of the representative of the legal entity and the individual are checked, and the reason for the non-appearance of other participants is clarified if they ignored the received invitation to appear in court. In this case, a decision must be made to rehear the case without their direct participation or postpone the hearing to notify the participants of the date and time of the meeting.

After completion of the organizational part, the duties and rights of the persons participating in the consideration of the case of an administrative offense should be explained. At this stage, pleadings and objections are also allowed.

Having read out the complaint against the decision made in the case of an administrative offense, the judge must check the validity of the previously adopted decision, for which the materials available in the case or submitted for hearing are used. At this stage, explanations of the legal or natural person (or his legal representative) in respect of whom the decision on the administrative offense was issued may be heard.

During the process, testimony of other persons directly related to the situation, as well as expert opinions and explanations of specialists, may be heard. In accordance with the provisions of the Code, a number of procedural actions can be carried out in court, which will subsequently affect the decision.

Despite the fact that when filing an appeal, the case must be re-reviewed by an authorized court, only evidence that was obtained at first instance is taken into account. It is possible to attract additional materials that were not previously taken into account in the completed process only on the condition that its participants did not know about their existence (which must be confirmed by irrefutable evidence) or, for certain reasons, they were considered insufficiently weighty in the first instance.

Video: schoolchildren appeal the results of the exam

The legislative framework

When drawing up and filing an appeal in an administrative case, a citizen has the right to be guided by the following legislative acts:

Constitution of the Russian Federation dated 12.12.1993
Code of the Russian Federation on Administrative Offenses N 195-FZ of 03.12.2001 (as amended on 07/29/2017).
Federal Law "On the Status of Judges in the Russian Federation" N 3132-I dated 26.06.1992 (as amended on December 28, 2006).
FKZ "On the judicial system of the Russian Federation" N 1-FKZ dated 12/31/1996. (as amended on February 5, 2014).
Federal Law "On ensuring access to information on the activities of courts in the Russian Federation" N 262-FZ of December 22, 2008. (as amended on 07/29/2017).

The decision of the judge in an administrative case can be appealed. The order and term of this procedural procedure is established by the legislation. It is possible to file a protest both against the decision of the justice of the peace and against the decision of the district court. However, not all verdicts can be challenged. What decisions cannot be challenged? How is an appeal against a court decision in administrative cases carried out? How is a complaint filed?

Right to file a complaint

The right to appeal against a decision of an administrative court is defined by the Code of Administrative Offenses, namely Article 25. This provision has designated the following list of persons. They may be:

a citizen who is accused in an administrative case;
the person acting as the victim;
an entity authorized to represent an individual in the courtroom;
the subject who was granted the right to represent the interests of the organization in this case;
party representative;
defender;
a person performing the functions of a representative under the President of the Russian Federation to protect the rights of entrepreneurs.

It is important to understand that a disabled citizen or a person under 18 must be represented in the courtroom by a legal representative. In this case, the decision of the judge issued in the case is appealed by the parent, guardian or adoptive parent. A complaint can be filed by an organization or institution if its authority includes representation under an agreement or by law.

It follows from Article 25 of the Code of Administrative Offenses that an appeal against a court decision is possible only by persons directly involved in the proceedings or whose interests were directly affected by the verdict. If the interests of a third party are not affected, their complaint will not be accepted for consideration. The decision of the court can be appealed before it comes into force.

Justice of the peace: how to appeal the verdict

Determinations made in the magistrate's court are allowed to be challenged. An appeal against the decision of the magistrate shall be submitted within 15 days after its issuance. This can be done in the district court. A private complaint (against the decision of the world court) is filed against the rulings if it can interfere with the case and is permitted by law. In some cases, an appeal against the decision of the justice of the peace cannot be filed. In this situation, an objection to a separate ruling of the justice of the peace should be attached to the appeal against the decision. The complaint is filed through a magistrate without paying a state fee. The complaint may not be accepted if it is incorrectly framed.

An appeal against a decision in an administrative case (offence) is filed within 10 days from the date of its receipt. If the deadline is missed, the restoration of the right is possible through a petition.

The legislation has determined the procedure for filing an appeal through the court where the case is being considered. The protest is submitted to the higher court together with the collected materials. It does not make sense to apply for the verdict of the justice of the peace directly to the appellate instance. It will be brought back to the magistrate's court for consideration.

After the expiration of the statutory period, the appeal is referred to the district judge, who will become the second instance for the proceedings.

District judges' verdicts: how to appeal

An appeal is sometimes seen as an opportunity to drag out the proceedings. A protest against a decision of a district judge must be filed in compliance with the procedural rules. If there are errors in the compiled document, it will not be passed on. An appeal may only be filed in respect of those claims in respect of which the court has ruled. Consideration of the possibility of an appeal is within the authority of the judge who issued the ruling on the administrative case. If he considers it possible, the documentation with the complaint will go to a higher authority, namely the collegium. Filing an appeal in a case early will waste time. The documents will be returned to the district court.

The verdict adopted in the district court does not immediately acquire legal force. This is the time to file a complaint. The appeal is made at the regional, regional court or in the courtroom of the autonomy. The first decision should not be passed. When appealing the verdict, the previous court resolution is cancelled. The judge is reviewing the case again. The appeal ruling becomes effective immediately after its issuance. The district court notifies all participants in the proceedings of the receipt of the complaint and hands over the materials to them.

Complaint period

Administrative proceedings have a term and procedure for consideration and appeal. The court verdict takes effect 30 days after its announcement. If production takes place according to a simplified procedure, the period is reduced to a half month. Once the resolution is documented, the protest period begins.

The appeal of the decisions of the world court, verdicts, adopted by the district judge, takes place before its entry into force. Otherwise, the appeal period is considered to be missed. It is possible to restore the term only if there are serious reasons and circumstances.

When an offense is committed under the Code of Administrative Offenses, a protest is filed only for 10 days. In some cases, the appeal period is 5 days. The appeal is made either within the prescribed time limit or submitted along with the petition. Missing the deadline is not recorded when the complaint was delayed by the postal services. A timely filing document must be attached to the appeal documentation.

An appeal against the verdict of the world court can be filed within 15 days. Consideration of the protest takes place within two months from the date of receipt of the appeal documentation. If the deadline is missed and cannot be restored, the protest must be filed in the cassation procedure.

Drafting a document

Before filing a protest, you must take into account the rules for writing an appeal document. The specific form is not established by law. However, it is better for complainants to use the sample complaint form as a basis. It must comply with the general procedural order. A sample can be obtained from a court clerk or a lawyer. It must contain the following information:

information about the judicial body considering the appeal document;
information about the applicant of the appeal (full name, contact details);
information about the participants in the court of first instance (full name, their procedural status, contact details);
details of the court that issued the appealed verdict;
data of judicial administrative proceedings, its details;
data on the verdict that is being appealed;
a list of points of contention in the decision of the previous trial;
reference to regulations that allow for an appeal procedure;
direct request;
list of supporting documentation;
date of filing of the appeal and signature.

A citizen who complains about a previous verdict must attach additional evidence to the documents. Subject to the restoration of the term, an appropriate petition and evidentiary materials should be prepared for it.

Copies of production documentation must be prepared by the complainant. All copies are sent to the court that considered the case in the first place. Her duty is to transfer papers to all interested parties.

A sample document can be found on the website. Asking a lawyer a question in a timely manner will have a positive effect on the outcome of the protest.