Russian law allows for a review of a decision made by a justice of the peace. This procedure, prescribed by law, is an additional tool in protecting the rights and interests of the parties to the trial. Also, such a norm allows you to control the correctness of the decisions (rulings) of the world court, the competence and level of its professionalism. When defending their rights, a person must know where and in what time frame to apply. In addition, it is necessary to properly draw up an appeal against the decision of the justice of the peace. A sample appeal will be presented in the article.
Who can file a complaint?
Have the right to:
- one of the parties considered by the court;
- other citizens involved in a court case;
- persons who, although they did not participate in the case, but the court resolved the issue regarding their rights and obligations.
The above entities, according to the law, are entitled to appeal the decision of a justice of the peace for review by a competent higher authority on appeal. The protest is filed through that link in the system, with the verdict of which the authorized person does not agree.
It is allowed to appeal the decision of the justice of the peace both in full and in a certain part. The reason for the protest may be a violation of the procedure established by law for legal proceedings, as well as a moment of violation of the law. In practice, there are cases when a justice of the peace adjudicates an administrative case by imposing a fine, although the 3-month period established by law for imposing a fine has expired. In this case, you can cancel the assigned punishment.
Terms of appeal of judges of the peace
After the verdict in the case is announced, the law gives another five days to finalize it legally. As a rule, at the time of the announcement of the decision, only the conclusions of the court are drawn up - the operative part. But in order to transfer the case to the chancellery, a motivation part must also be drawn up. From the day following the day the trial ends, a 30-day period begins for the possible submission of a request for review of the case. However, if the justice official indicates a different date for the final decision, then the time limit changes.
Thus, it is not possible to appeal the decision of the justice of the peace immediately after the verdict, when only the operative part has been drawn up. You should wait until the document is finally ready and the motivation part is completed within 5 days.
So, for the review of civil cases, a 30-day period is provided for a full decision. For a different category of cases, a different term is provided. So, for administrative cases, the law takes 10 days to appeal the decision of the justice of the peace.
Difference in terms of case categories
As established by the set of rules of legal proceedings, from the day the district court accepts the appeal , he is obliged to consider it and make his decision within two months. These terms are the same for civil cases, as well as for cases of administrative violation. If an appeal against the decision of a justice of the peace is filed in a criminal case, then the deadline for filing a protest is 10 days. The district authority must accept and consider the verdict in the case no later than 15 days from the date of receipt of the appeal.
If the final day of the term falls on a weekend or holiday, then the end of the term is postponed to the next day.
Reinstatement of the deadline for appeal
If the authorized person missed the moment of filing the protest, you can file it later. However, good reasons are needed to restore the term. Often there are such examples when the opportunity to file a complaint was missed due to the fault of the post office, which rather late delivered to the addressee a copy of the court decision. In this case, the postal envelope on which the date of receipt is indicated will be evidence of a good reason for restoring the time limit for appealing against the decision of the justice of the peace. The following may also be considered as good reasons: staying on a long business trip, force majeure circumstances, illness of a person entitled to appeal. When applying to the court for the restoration of the term, such persons must provide documentary evidence.
How is the appeal?
The law strictly limits the content of the appeal by indicating the impossibility of including in it other or additional requirements that are different from those that were originally stated in the statement of claim to the world court. If the new evidence supports the statement, then they will be valid only if the complaint is substantiated as to why they were not known when considering the claim in the court of first instance.
The procedure for appealing against a decision of a justice of the peace is clearly regulated and contains a certain list of necessary actions to draw up a protest.
Appeal content
The petition for review should comply with the following requirements:
- A clear and correct indication of the district court to which the complaint is addressed. Full details of the person appealing the verdict: full name, registration or place of permanent residence, as well as the judicial act subject to review (number, date and its essence).
- The next stage is a listing of all the facts that indicate the reasons for appealing the court decision (arguments). Based on them, the evidence base will be built by the person appealing the verdict (for example, possible procedural or material errors in judicial conclusions and the motivating part). This will help the reference to the legal framework. The operative part of the complaint must contain the essence of the petition for review of the decision by the district court.
- At the end, you should list all the documents attached to the complaint, which are its annex and designed to confirm all the arguments of the person filing the complaint.
- In conclusion, all possible documents are attached, confirming the legitimacy of the request for review of the case and the court decision, respectively. They will serve as evidence - direct or indirect. A copy of the appealed judgment is attached here.
Appeal of a Justice of the Peace Decision: Sample Appeal
B (indicates to which court the complaint is sent).
From: (full name of applicant with address).
Appeal
to the decision of the justice of the peace (number of the reviewed case and its exact date).
At the very beginning of the narrative, it is indicated by whom and when the decision was made, in what case, from whom and to whom the lawsuit was filed (full name of the parties), what requirements it contained.
It should further be noted how, in essence, the justice of the peace resolved the plaintiff's claims.
Specify specific paragraphs of the decision that do not suit the side of the trial, as well as why, in the applicant's opinion, this decision is unreasonable and illegal (you can refer to evidence that has not been investigated or circumstances not considered).
In terms of the requirement, after the word “I ask,” the applicant must specifically indicate why he is filing a complaint. In article 328 of the Code of Civil Procedure of the Russian Federation, all requirements are clearly indicated by law, it is best to proceed from the language specified in this legal act.
The appendix is indicated below, that is, the documents and their copies are listed, submitted together with the appeal.
At the end is the date and signature of the applicant.
To consider a complaint by the appellate court, it is necessary to pay a state fee. The receipt is attached to the complaint. However, the Tax Code of the Russian Federation (Article 333.36) lists the persons who are exempt from paying it. This requirement was introduced for the reason that there are times when a complaint is filed if its illegality is obvious.
If the judgment of the magistrate’s court, in the absence of valid reasons for missing the deadline for protest, nevertheless has entered into legal force, it may be submitted to the cassation court.
How to appeal the decision in absentia?
In the same way and at the same time as the decision in the ordinary course of proceedings. But the appeal of the absentee decision of the justice of the peace is different from its cancellation. If a person wishes to annul a verdict issued in this manner, he should contact the body that examined the case with the corresponding request and evidence confirming the impossibility of being present at the trial within 7 days.