An appeal against a court decision in a civil case, taking into account recent changes in legislation. Learn the rules for filing an appeal, download a sample complaint, including a completed one, read an example of an appeal, ask questions about its execution to lawyers.
What is an appeal against a court decision
An appeal is a complaint against a court decision that has not entered into legal force.
An appeal is filed in case of disagreement with the decision of the court. Can be filed against the decisions of any courts considered at first instance. Such a complaint may be filed against decisions of justices of the peace, district and city courts, regional, regional and republican courts, as well as against decisions of the Supreme Court of the Russian Federation.
Persons who participated in the consideration of a civil case may file an appeal. The rest of the citizens can file a complaint only if the decision will affect their rights and obligations, they will have to substantiate this fact in detail in the text of the complaint (article of the Code of Civil Procedure of the Russian Federation)
The appeal is considered by a higher instance - the court of appeal. The list of courts of appeal is given in the article of the Code of Civil Procedure of the Russian Federation. Based on the results of the consideration of the complaint, the decision may be canceled, changed or left unchanged. The result of the consideration of the complaint is formalized by the appeal ruling. The issuance of an appeal ruling means the entry into force of the court decision.
The decision of the district court can be appealed to a higher court within 1 month from the date of its adoption. The term begins to run from the moment the reasoned decision is made. Usually, at the court session, the judge announces only the operative part of the decision, postponing the preparation of the full decision for up to 5 days. The judge announces the date of production of the decision in the final form when the decision is announced at the end of the court session. If this is not done, it is necessary to clarify the date of production of the reasoned decision in court upon receipt of a copy of the decision.
| Note! |
How to file an appeal against a district court decision
An appeal is drawn up after receiving and studying a reasoned court decision. This will allow you to understand the logic of the court when making a decision, evaluate its arguments and criticize the circumstances established by the court. Without a reasoned decision, the appeal will be superficial and meaningless.
Sometimes, if the court delays the production of a reasoned decision, a brief appeal is drawn up, which formally must take into account all the requirements for an appeal, but may not contain a complete justification of the applicant's position. Such a complaint is made in order not to miss the deadline for appeal. Then it will be possible to draw up an additional appeal, already with a full justification of the position of the complainant.
Header of the appeal against the decision of the court
The appeal must indicate the name of the court where it is filed. The name of the court for appeal is usually indicated at the end of the court decision, in this form: “The decision of the court can be appealed within 1 month to ….. the court.” If this name is not indicated, then you can always find it yourself. So decisions of district and city courts are appealed to regional, regional, republican courts. For example, in the Moscow region, appeals are filed with the Moscow Regional Court, in the Krasnodar Territory - with the Krasnodar Regional Court, and in Tatarstan - with the Supreme Court of the Republic of Tatarstan. In St. Petersburg and Moscow, appeals against decisions of district courts are filed with the St. Petersburg or Moscow City Court, respectively.
The appeal shall contain the full details of the applicant submitting it. This is a surname, name and patronymic without abbreviations, sounding as indicated in the passport. This is the address of the applicant's place of residence or location, to which the court will send a notice of the time and place of the case in the appellate instance.
The complaint must indicate its name - so that the court has no reason to take it for another document. The decision of the court that is being appealed must be indicated. The name of the court decision must contain the date of the decision, the name of the court that issued it, the details of the plaintiff and the defendant, and the essence of the plaintiff's claims. The name of the solution is usually written in the installation part of the solution before the words: “Install”. For example, the decision of the Tverskoy District Court of Moscow dated June 17, 2016 in a civil case on the claim of Ivan Ivanov to Petr Petrovich Petrov for the recovery of debt under a loan agreement.
The content of the descriptive part of the appeal
In the descriptive part of the appeal, it is necessary to state the grounds on which the applicant does not agree with the conclusions of the court and considers the conclusions of the court to be incorrect.
In writing the narrative, one can simply describe why the court's decision appears to the applicant to be unlawful and subject to change or annulment. But it is better to take as a basis the grounds for canceling the decision listed in the article of the Code of Civil Procedure of the Russian Federation. Having found suitable grounds for cancellation, you can fill them with content, taking into account the specific circumstances of a civil case.
It is not necessary to re-cite the decision of the court in the appeal. It is already in the case, the judges on appeal will definitely get acquainted with it, citing excerpts and quotations from the decision will simply clutter up the text of the complaint and make it difficult to understand. Try to make the descriptive part short, in fact, so that it is clear what moments the court of second instance should pay attention to, what exactly the applicant does not agree with. From the practice of lawyers, the text of no more than 3 pages of printed text will be a good content of the appeal.
Requirements in an appeal
After the grounds for cancellation in the text of the appeal, the requirements stated by the submitter of this complaint must be given. Requirements cannot be arbitrary. they must comply with the powers of the appellate court (article of the Code of Civil Procedure of the Russian Federation). It is better to bring your requirements completely identical to those. which are specified in the law.
Thus, the following claims can be made in the appeal:
- cancel the decision of the court of first instance in full and issue a new decision on the case;
- cancel the decision of the court of first instance in part and make a new decision on the case;
- change the decision of the court of first instance in whole or in part and make a new decision on the case;
- cancel the decision of the court of first instance in full and terminate the proceedings;
- cancel the decision of the court of first instance in part and terminate the proceedings in the case of the part;
- cancel the decision of the court of first instance in whole or in part and leave the application without consideration in whole or in part.
When a partial annulment or change of the court decision is required, the appeal shall indicate in which part the applicant asks to cancel or change the court decision.
These requirements correspond to the powers of the court of second instance, other requirements cannot be stated, this will be contrary to the requirements of the procedural law and they cannot be considered by the court of appeal.
The requirements in the appeal are indicated after the words: "Please." It is better if several requirements are numbered and divided among themselves. If a new decision is required in the case, then the applicant must indicate in the requirements how it should sound. For example: "Make a new decision in the case, in which the plaintiff's claims are completely denied."
Documents attached to the appeal under the Code of Civil Procedure of the Russian Federation
After the requirements of the complainant, it is necessary to list all the documents attached to the appeal, it is necessary to attach copies of the complaint. Copies are attached according to the number of persons participating in the case.
Also attached to the appeal is a receipt for payment of the state duty. if the applicant is not exempt from payment.
Other documents, as a rule, are not attached to the appeal, since they are already in the materials of the civil case. If there is a need to attach additional evidence that was not presented in the case or was presented, but rejected by the court of first instance, a petition for additional evidence must be drawn up. Such a petition can be given in the text of the complaint or issued as a separate document (then indicate this petition as an attachment to the complaint).
At the end of the appeal, the applicant must sign and date the appeal. The compilation date does not have to be the same as the filing date.
Filing an appeal against a court decision in a civil case
An appeal against a court decision is filed through the same court that heard the civil case. It is the judge of this court who decides on the possibility of accepting the complaint, performs the actions provided for by the article of the Code of Civil Procedure of the Russian Federation, and then sends the complaint along with the civil case to the court of appeal. If the complaint was sent to the court of appeal, it will still be returned to the court that considered the civil case to decide whether to accept it.
The term for filing an appeal, as already noted, is 1 month from the date of production of a reasoned court decision. The missed appeal period may be reinstated at the request of the applicant, which is filed simultaneously with the complaint.
| Note! |
After filing an appeal, you need to wait for it to be accepted. If the complaint is accepted, the complainant will receive a notice of the assignment of the case to the appellate instance. When leaving a complaint without movement, it is necessary to correct its shortcomings. And if the complaint is returned, you need to look at the grounds for the return and either restore the deadline or submit it to another body. an appeal against the court ruling on the return of the complaint is not ruled out.
Complaint to the Court of Appeal - additional materials
In addition to the complaint itself and knowledge on its preparation and filing, the applicant will need additional information on the consideration of the complaint in the court of appeal, the procedure for appealing the actions of the court related to the acceptance and consideration of an appeal against a court decision in a civil case. Attention should be paid to the specifics of filing an appeal to justices of the peace.
Sample of an appeal under the Code of Civil Procedure of the Russian Federation
Download an appeal form. Fill it out according to your situation. It is necessary to strictly comply with the requirements for the content of the complaint, the attached documents and the deadlines for filing.
AT __________________________________
(name of court of 2nd instance)
From: _________________________________
(full name, address)
"___" _________ ____, the court made a decision in a civil case on the claim _________ (name of the plaintiff) to _________ (name of the defendant) about _________ (indicate the essence of the claims).
Court decision _________ (indicate how the case was resolved on the merits).
I believe that the court made an illegal decision on the following grounds _________ (indicate what the applicant does not agree with in the decision, why the court decision is illegal, what laws were applied by the court when resolving the case incorrectly, what circumstances were not clarified, what evidence was not examined by the court).
Based on the foregoing, guided by articles -, the Civil Procedure Code of the Russian Federation,
- Cancel the decision _________ (name of the court) dated "___" _________ ____ in a civil case on the claim _________ (name of the plaintiff) to _________ (name of the defendant) about _________ (substance of claims).
- Make a new decision on the case, which _________ (indicate how the case should be resolved in the appellate instance).
Petition:
When considering an appeal, I ask you to accept additional evidence in the case _________ (give a list of additional evidence) that will confirm the following circumstances _________ (indicate legally significant circumstances in the case that can be confirmed by the evidence presented). I was not able to present the listed evidence earlier for the following reasons _________ (indicate the reasons that prevented the submission of additional evidence to the court of first instance).
List of documents attached to the appeal (copies according to the number of persons participating in the case):
- Copy of the appeal
- Document confirming the payment of the state fee
- Additional evidence
Complaint filed date "___"_________ ____ Applicant's signature _______
Frequently asked questions about filing an appeal
How many pages should an appeal be?
There is no limit on the size of an appeal. You can write it on one page or on several. However, I advise you to write it concisely and to the point. Reading a lot of text makes it difficult to understand.
Is a statute of limitations only admissible in a court of first instance? Can I claim this in an appeal?
The limitation period is applied by the court only at the request of the party to the dispute, made before the court makes a decision. In the appellate instance, this application can be considered only if the court decision is annulled. therefore, if there are other grounds for cancellation, for example, failure to notify of the time and place of the case, you can also claim that the deadline was missed in the appeal
The Court of Appeal completely canceled the decision of the court of first instance in a civil case, since Art. 113 of the Code of Civil Procedure, while the new decision completely repeats the canceled decision of the first instance. What norms of the law did the court violate, on which to rely on the appeal to the cassation instance?
The Court of Appeal may issue a decision similar to that adopted by the court of first instance, if the only violation is the improper notification of the persons participating in the case, and in fact the court decision is correct and the substantive law is applied correctly.
I don't understand why I have to file a complaint through the district court? That is, I have to write the same court again in a hat? Or even the address of a higher court?
The appeal is addressed to a higher court, and it is indicated in the header of the complaint, including the address. The complaint is physically filed with the court that made the decision.
Is it necessary to reattach copies of the documents already available in the case file to the appeal in a civil case? Or is just a copy of the new documents sufficient?
A civil case is sent to the court of appeal together with the complaint. The court of second instance will examine all the materials of the case, therefore, it is not necessary to attach documents that are already in the case. New evidence may be attached to the appeal only if the complaint substantiates the impossibility of presenting it to the court of first instance.
Can witnesses be heard on appeal?
The question of the interrogation of witnesses is solved in the same way as the question of the presentation of additional evidence. If their absence from the court of first instance was due to valid reasons, then they can be filed with the court of appeal, but this will need to be substantiated in detail. The same applies to the moment of re-examination of witnesses. They can be interrogated in the appeal again only on questions that were not asked in the first instance. This needs to be explained in great detail.
Can this form of appeal be used in a criminal case? Or an appeal in a case of an administrative offense?
The submitted sample appeal can only be used to appeal against decisions in civil cases. In other cases, a different law, different content of the complaint and other requirements apply.
At the end, a list of attached documents must be given, the complaint must be signed by the person filing it with his own hand, and the date of filing with the court is indicated. It is not allowed to state in the text new claims that have not been submitted to the court of first instance before. If new evidence is attached to the complaint, it is necessary to justify in the text why they were not presented to the court of first instance, the reasons must be valid. Both court decisions and rulings are appealed on appeal. For definitions, a special procedure is provided, and a private complaint is filed. Filing an Appeal An appeal is filed with the court that issued the contested decision. You do not need to send documents to a higher court yourself, because they will still be returned back to the court of first instance.
Appeal against a court decision
In addition, the Court incorrectly applied the substantive law, the circumstances relevant to the case were not investigated by the Court in full, and the Plaintiff's arguments were not supported by appropriate evidence in the manner prescribed by law. The Respondent's arguments are summarized as follows: 1. The court did not correctly assess the following circumstances that are important for the correct resolution of the case.
The court found, but did not take into account the following. Prior to the decision by the court, the Respondent paid in full for the purchased Car.
This circumstance is reflected in the court decision (case file No. 165, first paragraph from above), and is also confirmed by payment orders and information letters on crediting funds to the Claimant's settlement account (case file No. 102 - 104, 154). In accordance with clause 3.3.
Appeal: Sample Drafting Examples
Contract Claimant in the manner prescribed by law, is not challenged. The court did not take into account the following circumstance, that on the basis of s.
1 st. 486 of the Civil Code of the Russian Federation, the contract may establish different terms for payment for goods. There are no deadlines for paying for the car in the Contract.
Clause 3.2. of the Agreement, the parties voluntarily established the following procedure for paying for the Car: “Payment for the cost of the Property is made by the Buyer by transferring 100 (One hundred)% of the funds that make up the Cost of the Property within 3 (Three) banking days, counting from the date of invoicing by the Seller (p. 2.1.4. of this Agreement)." (case file 9-10). etc... The entire sample of the appeal in a civil case is placed in the attached file.
Appeal in a civil case sample, form, standard form
Reading the protocols, I noticed that it says that I am being charged under Article 111… read the answers (1) After the appeal, I filed a cassation appeal with the Kostroma Regional Court. The judge returned without consideration, under the pretext that the filing deadline was missed ... read answers (2) If the judge does not forward the appeal to the regional court for about 4 months, can I send the complaint to Strasbourg (European Court of Rights ... read answers (1) The judge has not sent the appeal to the regional court for 3 months.
Can she re-acquit in the district court? read answers (1) Please answer this question. An appeal was filed against me in the regional court, now I am filing a cassation complaint with the same regional court.
To…read the answers (1) In which instances to file complaints.
After filing an appeal, you need to wait for it to be accepted. If the complaint is accepted, the complainant will receive a notice of the assignment of the case to the appellate instance.
If the complaint is left without movement, it is necessary to correct its shortcomings. If the complaint is returned, you need to look at the reasons for the return and either restore the deadline or submit it to another authority. an appeal against the court ruling on the return of the complaint is not ruled out.
Complaint to the Court of Appeal - additional materials In addition to the complaint itself and knowledge of its preparation and filing, the applicant will need additional information on the consideration of the complaint in the court of appeal, the procedure for appealing the court's actions related to the acceptance and consideration of an appeal against a court decision in a civil case. Attention should be paid to the specifics of filing an appeal to justices of the peace.
Learn more about appeals: Appeals.
Kemerovo Regional Court of Appeal
Thus, the following requirements can be curled in the appeal:
- cancel the decision of the court of first instance in full and issue a new decision on the case;
- cancel the decision of the court of first instance in part and make a new decision on the case;
- change the decision of the court of first instance in whole or in part and make a new decision on the case;
- cancel the decision of the court of first instance in full and terminate the proceedings;
- cancel the decision of the court of first instance in part and terminate the proceedings in the case of the part;
- cancel the decision of the court of first instance in whole or in part and leave the application without consideration in whole or in part.
When a partial annulment or change of the court decision is required, the appeal shall indicate in which part the applicant asks to cancel or change the court decision.
When filing an appeal, personally mark the receipt of documents by the office worker on your copy of the complaint, which you prudently take with you to court. If the complaint is sent to the court by mail, then do it by registered mail with acknowledgment of receipt. Then you will know when the documents were received by the court. A prerequisite is the attachment of copies of the complaint according to the number of persons participating in the case. The appeal is paid by the state fee, the original receipt is also attached. You do not need to attach documents that are already in the file, including a copy of the court decision.
In the appellate instance, the entire civil case will be investigated. The progress of the appeal should be monitored. If the complaint is left without movement, it is necessary to obtain a copy of the court ruling in a timely manner and make the necessary amendments within the prescribed period.
Appeal complaint to the Kemerovo region court sample
By a court decision, I was denied satisfaction of the claims in full (or in part of the claims about). I believe that this decision is illegal, unreasonable and must be canceled for the following reasons: 1.
In particular, I made a demand for Fr. This request was denied to me on the basis of the court's conclusion that. This conclusion was justified by reference to. Meanwhile, the court of first instance did not take into account the following: 1.1. . 1.2. . 1.3. . Thus, in force, this requirement was subject to satisfaction. 2. The court refused me. Meanwhile, . Thus, I believe that the court had no grounds for refusing the stated claim. 3. The court applied the limitation period, however, by virtue of the provisions of Art. (usually Art. 196 of the Civil Code of the Russian Federation), the specified period was not missed, since I only became aware of the violation of my right. By virtue of Art.
The district court won the reinstatement to work in the Ministry of Internal Affairs, then the Department of the Ministry of Internal Affairs filed an appeal with the regional court, we ... read answers (1) What is the deadline for filing an appeal with the regional court and from what date is it calculated? read answers (4) Please help advice. I filed an appeal with the regional court against the decision of the district court.
In 2008, a loan was taken, it turned out ... read answers (1) My husband was sentenced to 11 years, filed an appeal, they delivered an audio recording to the regional court, 3 voices are clearly audible to this recording, i.e. a conversation ... read answers ( 1) My husband was given a term of 11 years, they filed an appeal, they brought an audio recording to the regional court, 3 voices are clearly audible to this recording, i.e. the conversation ... read the answers (1) appeal to the regional court on March 30, 2015, within the time limits established by law.
For example, in the Moscow Region, appeals are filed with the Moscow Regional Court, in the Krasnodar Territory - with the Krasnodar Regional Court, and in Tatarstan - with the Supreme Court of the Republic of Tatarstan. In St. Petersburg and Moscow, appeals against decisions of district courts are filed with the St. Petersburg or Moscow City Court, respectively. The appeal shall contain the full details of the applicant submitting it. This is a surname, name and patronymic without abbreviations, sounding as indicated in the passport. This is the address of the applicant's place of residence or location, to which the court will send a notice of the time and place of the case in the appellate instance. The complaint must indicate its name - Appeal against the decision of the court, so that the court has no reason to take it for another document. The decision of the court that is being appealed must be indicated.
Good afternoon! What is the practice: how much and how does the court's decision on claims for forfeit, fine, damages and moral damage change when filing an appeal ... read answers (1) Hello! Controversial 1/2 share of the apartment. The owner of this share is my brother. He made a will for me (I am his sister) and for his underage son…read answers (1) Hello! I paid for the services of a lawyer in representation in the city court. An appeal was filed with the regional court - the lawyer asked to pay for it ... read the answers (4) An appeal was filed to the regional court by the defendant (I am the plaintiff). Should it be there.
Consideration of appeals: Procedure for appeals. Sample objection to the appeal: Objections to the appeal.
Download sample complaint against the decision of the magistrate: Appeal against the decision of the magistrate. Theory and practice of appealing against the ruling of the first instance: A private complaint against the ruling of the court. Appealing appeal rulings: Cassation complaint in a civil case. Appeal Form Download the Appeal Form. Fill it out according to your situation. It is necessary to strictly comply with the requirements for the content of the complaint, the attached documents and the deadlines for filing. In (name of the court of 2nd instance) From: (full name, address) Appeal against the decision of the court "" the court ruled in a civil case on the claim (name of the plaintiff) to (name of the defendant) about (indicate the essence of the claims).
from 31/12/2018
In case of disagreement with the results or procedure for the consideration of the case, the participants in the case file an appeal against the court decision. This is the first stage of the appeal. Without which all others simply will not take place.
Let us make a reservation right away that the examples of courts given in the article and the procedure for filing a complaint are valid until 2019. Indeed, on July 30, 2018, amendments to the Law on the Establishment of Courts of Appeal and Cassation of General Jurisdiction came into force. Due to the need to resolve personnel issues, the law will “work” in full no later than October 2019.
As long as everything stays the same. All judgments rendered in the first instance are subject to appeal. The general term for filing an appeal is 1 month from the date of production of a reasoned decision.
The appeal is drawn up in the form regulated by law and in compliance with the requirements for its content. The procedure for filing a lawsuit has also been established. Without compliance with the requirement, the court will not begin consideration of the complaint. Therefore, to draw up a document, use the provided sample and read the recommendations of lawyers.
Example of an appeal
To the Moscow Regional Court
Dolgoprudny, st. Maiskaya, house 6, apt. 6,
tel. 89000000006
address: 141700, Moscow region,
Dolgoprudny, st. June, house 6, apt. 8,
tel. 89000000008
APPEALS AGAINST THE DECISION OF THE COURT
dated May 15, 2019 in civil case No. 2-1254/2019
On May 15, 2019, the Dolgoprudnensky City Court of the Moscow Region issued a judgment in civil case No. 2-1254/2019 on the claim of Konstantinov I.O. to Egorov S.A. about reclamation of property from someone else's illegal possession.
Court decision requirements Konstantinova AND.Oh. satisfied. Purchase and sale transaction between Konstantinov AND.Oh. and Egorov S.A. declared invalid, the disputed property was claimed in favor of the plaintiff. Ownership of Egorova S.A. the property has been terminated.
I do not agree with the decision of the court, I consider it illegal and unreasonable for the following reasons. The court incorrectly determined the circumstances relevant to the case. The court concluded that the parties entered into a contract of pledge of property. And the sale and purchase transaction was essentially feigned. However, the pledge agreement has nothing to do with this dispute, it is an independent transaction.
The conclusions of the court that the property became the property of the defendant do not correspond to the circumstances of the case. In fact, the disputed property is in the possession and use of a third party O.Yu. Petrova, with whom the transaction was actually completed. The court incorrectly applied the norms of substantive law, namely Articles 182, 971 of the Civil Code of the Russian Federation. A representative by proxy does not acquire property under a transaction concluded by him on behalf of another person into his own property.
The case was considered in an illegal composition, since it was accepted by the Dolgoprudnensky city court in violation of the rules. In fact, the price of the claim is 30,000 rubles. (the value of the disputed property), so the claim must be considered by the justice of the peace at the place of residence of the defendant.
The case was considered in the absence, which was not notified of the time and place of the court session, there is no information about this in the case file. In addition, there is no date from 10/15/2015 in the case file.
The committed significant violations of the norms of substantive and procedural law, the incorrect definition of significant circumstances, the inconsistency of the conclusions with the actual circumstances do not allow us to recognize the court's decision as lawful and justified. The decision is subject to cancellation on the grounds listed in Article 330 of the Code of Civil Procedure of the Russian Federation.
Guided by articles 320-322, 328, 330,
Cancel the decision of the Dolgoprudnensky City Court of the Moscow Region dated May 15, 2019 in a civil case against Konstantinov AND.Oh. to Egorov S.A. on the recognition of the sale and purchase transaction as invalid, the recovery of property from someone else's illegal possession.
Take a new decision in the case, which in satisfaction of claims Konstantinov AND.Oh. refuse in full.
Application:
Copies of the appeal - 2 copies.
Date 06.06.2018 Signature Egorov
The document is drawn up in writing. Even if sent through electronic services (now this option is available in almost every court).
In the “header” of the complaint, the applicant indicates the court that will consider the case. An appeal against the decisions of justices of the peace is considered by a higher district court. The decision of the district court, adopted at first instance, is considered for legality by a higher court of the constituent entity of the Russian Federation.
The person filing the complaint must write in full his last name, first name and patronymic, as well as the place where he lives at the time of the preparation and submission of the document. The text must contain the full details of the court decision that is being appealed, namely: the name of the court that made the decision, the case number, the name of the plaintiff and the defendant, the essence of the claims. This data can be copied from the complained.
The appeal must necessarily contain requirements - this is what is written after the word “please”. Such requirements may be: cancellation of the court decision in whole or in part with the adoption of a new decision, with the termination of the proceedings or with the application left without consideration.
The complaint must indicate the grounds for canceling the decision. The list of grounds is established by Article 330 of the Code of Civil Procedure of the Russian Federation. Take it as a basis, applying it to a specific court decision and your situation.
At the end, a list of attached documents must be given, the complaint must be signed by the person filing it with his own hand, and the date of filing with the court is indicated.
Features of the appeal against the decision of the court
Both court decisions and rulings are appealed on appeal. For definitions, a special procedure is provided, while submitting.
Filing an appeal
An appeal is filed with the court that issued the contested decision. You do not need to send documents to a higher court yourself.
When filing an appeal, personally mark the receipt of documents by the office worker on your copy of the complaint, which you prudently take with you to court. If the complaint is sent to the court by mail, do so by certified mail with acknowledgment of receipt. Then it will be known when the documents were received by the court.
A prerequisite is the attachment of copies of the complaint according to the number of persons participating in the case. The appeal is paid by the state fee, the original receipt is also attached. You do not need to attach documents that are already in the file. In the appellate instance, the entire civil case will be investigated.
The progress of the appeal should be monitored. If the complaint is left without movement, it is necessary to obtain a copy of the court ruling in a timely manner and make the necessary amendments within the prescribed period. When returning the appeal, the court also issues a ruling in which it indicates the reasons for such a procedural action.
Acceptance and consideration of a complaint
The court of first instance, after receiving the appeal, decides whether it is possible to accept the complaint. Checks that there are no grounds for leaving without movement or returning documents. If the appeal is accepted, the judge puts a mark on the complaint itself, which is then filed into the file.
After that, copies of the documents are sent to the persons participating in the case. After the expiration of the period for appeal, the materials of the civil case are sent to the court of appeal.
The court of appeal shall notify the persons participating in the case of the time and place of the trial. The case is considered according to the rules of the first instance, ends with the issuance of an appeal ruling. From the moment of issuing such a ruling, the court decision, if it is not canceled, is considered to have entered into force. If the decision is reversed, the appeal decision resolves the case on the merits, it acquires the force of the decision.
The appeal ruling can be appealed to a higher authority by filing.
What is the difference between an appeal against a decision of a justice of the peace
An appeal against a decision of a justice of the peace is no different from an appeal against a decision of a district court. Such a complaint is filed through a justice of the peace, but is addressed to the district court. An appeal against a decision of a justice of the peace is considered according to the general rules of appeal proceedings.
It should be borne in mind that justices of the peace have the right not to draw up a complete decision without a statement from the persons participating in the case. Therefore, within 3 days from the date of the announcement of the operative part of the decision by the justice of the peace, it is necessary to submit an application for drawing up a reasoned decision.
Based on the results of consideration of an appeal against a court decision, the district court issues an appeal ruling, which can only be appealed to the cassation instance.
Clarifying questions on the topic
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Resolution of September 27, 2019 in case No. 4A-864/2019
By the decision of the justice of the peace of the court district No. 1 of the Kirovsky judicial district of Kemerovo dated 06/05/2019, upheld by the decision of the judge of the Kirovsky district court of Kemerovo dated 07/22/2019, LLC Management Company "Housing Trust of the Kirovsky District" was found guilty of committing an administrative offense under Part 2 of Article 14.1.3 of the Code of Administrative Offenses of the Russian Federation, and was fined 125,000 (one hundred twenty-five thousand) rubles. In the supervisory complaint, the defender of LLC UK "Housing Trust of the Kirovsky District" Nevezhin I.V ...
Appeal ruling dated September 27, 2019 in case No. 1-171/2019
Bobrov D.G. found guilty of driving a car by a person in a state of intoxication, having a criminal record for committing a crime under Art. 264.1 of the Criminal Code of the Russian Federation. The crime was committed in<адрес>under the circumstances set out in the judgment. The verdict of the court was decided in a special order of the trial. In the appeal, the convict D.G.
Appeal ruling dated September 27, 2019 in case No. 1-237/2019
Kemerovo Regional Court (Kemerovo Region) - Criminal
Efremov A.V. found guilty of theft, that is, in the secret theft of another's property, committed with the infliction of significant damage to a citizen. The crime was committed in<адрес>under the circumstances set out in the judgment. The criminal case was considered and the guilty verdict was delivered in a special manner, in accordance with Chapter 40 of the Code of Criminal Procedure of the Russian Federation. The appeal (with additions) convicted Efremov A.The. I do not agree with the verdict of the court regarding the excessive severity of the punishment imposed ...
Resolution of September 27, 2019 in case No. 4A-845/2019
Kemerovo Regional Court (Kemerovo Region) - Administrative
By the decision of the justice of the peace of the judicial district No. 3 of the Novoilinsky judicial district of the city of Novokuznetsk dated 10/25/2018 Zaytseva H.The. found guilty of an administrative offense, under Part. 1 Article. 12.26 of the Code of Administrative Offenses of the Russian Federation, and was fined in the amount of 30,000 (thirty thousand) rubles with deprivation of the right to drive vehicles for a period of 1 (one) year 6 (six) months. By the decision of the judge of the Novoilinsky District Court of Novokuznetsk dated 06.12...
Decision dated September 27, 2019 in case No. 3A-331/2019
Satisfy the demands of Zarima Yavdatovna Latypova. Establish the cadastral value of a real estate object - premises, with cadastral number No., with an area of 209.8 sq.m., purpose - non-residential premises, name - non-residential premises, located at:<адрес>, in the amount of its market value of 1,690,000 rubles, determined as of June 22, 2011. Date of treatment Latypova Z.Ya. to the court with this administrative statement of claim - August 23, 2019 ...
Appeal ruling dated September 27, 2019 in case No. 1-232/2019
Kemerovo Regional Court (Kemerovo Region) - Criminal
The verdict Maashev A.A. found guilty and convicted of driving a car by a person in a state of intoxication, subjected to administrative punishment for driving a vehicle in a state of intoxication. The crime was committed on DD.MM.YYYY in<адрес>under the circumstances set forth in the descriptive-motivational part of the verdict. In the appeal and in additions to it, the convicted Maashev A.A...
Appeal ruling dated September 27, 2019 in case No. 1-210/2019
Kemerovo Regional Court (Kemerovo Region) - Criminal
Bannikov V.S. convicted of a crime under Part.1 Article. 307 of the Criminal Code of the Russian Federation, that is, for giving knowingly false testimony of a witness in court. The crime was committed DD.MM.YYYY under the circumstances set forth in the verdict. Convicted Bannikov V.S. pleaded not guilty in the trial court. The appeal convicted Bannikov The.C. considers the verdict unfair and subject to cancellation ...
Appeal ruling dated September 27, 2019 in case No. 1-208/2019
Kemerovo Regional Court (Kemerovo Region) - Criminal
According to the verdict Khovansky The.E. sentenced for violation by a person driving a car of the rules of the road, which negligently caused the death of a person. The crime was committed on April 26, 2019. in<адрес>under the circumstances set forth in the judgment. The criminal case was considered in a special order of trial ...
Decision dated September 27, 2019 in case No. 3A-328/2019
Kemerovo regional court (Kemerovo region) - Civil and administrative
Satisfy the requirements of Maxim Viktorovich Glazkov. Establish the cadastral value of a land plot with cadastral number No., with an area of 2058 sq.m., land category - land of settlements, permitted use - for placement of objects of trade, public catering and consumer services, located at:<адрес>, in the amount of its market value of 1247148 rubles, determined as of August 01, 2014. Date of treatment Glazkov M.V ...
Appeal ruling dated September 26, 2019 in case No. 1-149/2019
Kemerovo Regional Court (Kemerovo Region) - Criminal
Elistratov D.A. convicted of theft causing significant damage to a citizen. The crime was committed under the circumstances set forth in the judgment. The case was considered in a special order in accordance with Chapter 40 of the Code of Criminal Procedure of the Russian Federation. The appeal lawyer Yanina A.The. expresses disagreement with the verdict, considers it unfair due to the excessive severity of the punishment imposed ...
Appeal ruling dated September 26, 2019 in case No. 1-136/2019
Kemerovo Regional Court (Kemerovo Region) - Criminal
Krasulin F.V. sentenced for unauthorized leaving by a supervised person of the place of residence, committed in order to evade administrative supervision. The crime was committed in<адрес>under the circumstances specified in the descriptive-motivational part of the sentence. The appeal convicted Krasulin F.The. expresses disagreement with the verdict, considers the punishment imposed on him excessively severe ...
Appeal ruling dated September 26, 2019 in case No. 1-129/2019
Kemerovo Regional Court (Kemerovo Region) - Criminal
Skachkov A.B. convicted for non-payment by a parent repeatedly without good reason in violation of a court decision of funds for the maintenance of minor children. The prosecutor filed an appeal against the above verdict, which was withdrawn before the start of the session of the court of appeal. Having heard the parties who did not object to the termination of the appeal proceedings, having discussed the stated petition, the court of appeal finds no grounds for further appeal proceedings ...
Decision dated September 26, 2019 in case No. 3A-329/2019
Kemerovo regional court (Kemerovo region) - Civil and administrative
Satisfy Yulia Masogutovna Terentyeva's demands. Establish the cadastral value of a real estate object - a building with cadastral number No., with an area of 4241.8 sq.m., purpose - non-residential building, name - building of the RMC located at:<адрес>, in the amount of its market value of 13,208,000 rubles, determined as of November 25, 2013. Date of treatment Terentyeva Yu.M. to the court with this administrative statement of claim - August 21, 2019 ...
Appeal ruling dated September 26, 2019 in case No. 1-157/2019
Kemerovo Regional Court (Kemerovo Region) - Criminal
Mashenkov V.V. convicted of negligence, that is, improper performance by an official of his duties due to negligent attitude to service, if it entailed a significant violation of the rights and legitimate interests of citizens and the legally protected interests of society and the state, which negligently entailed the death of FULL NAME7 and FULL NAME8 The crime was committed during the period of time from DD. MM.YYYY to DD.MM.YYYY in<адрес>under the circumstances specified in the descriptive-motivational part of the verdict ...
Appeal ruling of September 26, 2019 in case No. 1-1/2019
Kemerovo Regional Court (Kemerovo Region) - Criminal
Pavlov E.V. convicted of open theft of another's property. The case was considered in a special order in accordance with the requirements of Chapter 40 of the Code of Criminal Procedure of the Russian Federation. The appeal convicted Pavlov E.The. considers the sentence unlawful and unreasonable, excessively harsh. Expresses disagreement that the court applied Art. 70 of the Criminal Code of the Russian Federation. He asks to consider the issue of his amnesty, since the criminal case was initiated in 2013, Part 1 of Art. 161 of the Criminal Code of the Russian Federation, in his opinion, falls under the amnesty ...
Decision dated September 26, 2019 in case No. 3A-330/2019
Kemerovo regional court (Kemerovo region) - Civil and administrative
Satisfy the requirements of the Joint Stock Company "ATT Group". Establish the cadastral value of a real estate object - a building with cadastral number No., with an area of 13831 sq.m., purpose - non-residential building, name - building of a trading and warehouse base, located at:<адрес>, in the amount of its market value of 110305000 rubles, determined as of March 07, 2017 ...
Resolution of September 26, 2019 in case No. 4A-839/2019
Kemerovo Regional Court (Kemerovo Region) - Administrative
By the decision of the justice of the peace of the judicial district No. 4 of the Zavodskoy judicial district of Novokuznetsk dated April 11, 2019, upheld by the decision of the judge of the Zavodskoy district court of Novokuznetsk dated May 30, 2019, Shalyapin S.Yu. found guilty of an administrative offense, under Part. 1 Article. 12.26 of the Code of Administrative Offenses of the Russian Federation, and subjected to a fine in the amount of 30,000 (thirty thousand) rubles with deprivation of the right to drive vehicles for a period of one and a half years. In the supervisory complaint, the defender Berezovsky V.V ...
Appeal ruling dated September 26, 2019 in case No. 1-465/2019
Kemerovo Regional Court (Kemerovo Region) - Criminal
Egorov I.V. convicted of causing death by negligence due to improper performance by a person of his professional duties. The crime was committed in the city of Kemerovo under the circumstances set forth in the verdict. The appeal lawyer Bukova A.T. expresses disagreement with the verdict regarding recovery from Yegorova AND.The. in favor of the victim Victim No. 1 in compensation for material damage 80,000 rubles ...
Decision dated September 26, 2019 in case No. 3A-326/2019
Kemerovo regional court (Kemerovo region) - Civil and administrative
Satisfy Tatyana Leonidovna Pilipenko's demands. Establish the cadastral value of the land plot with cadastral number No., with an area of 2557 sq.m., land category - land of settlements, permitted use - under the canteen building, located at:<адрес>in the amount of its market value of 717,713 rubles, determined as of August 01, 2014. The date of Tatyana Leonidovna Pilipenko's appeal to the court with this administrative statement of claim is August 15, 2019...
Resolution of September 26, 2019 in case No. 4A-853/2019
Kemerovo Regional Court (Kemerovo Region) - Administrative
By the decision of the justice of the peace of the judicial district No. 1 of the Central Judicial District of Novokuznetsk dated 05/21/2019, left unchanged by the decision of the judge of the Central District Court of Novokuznetsk dated 07/03/2019, the head of the subscription department of Vodokanal LLC Perekhoda N.N. found guilty of committing an administrative offense under Article 5.59 of the Code of Administrative Offenses of the Russian Federation, and subjected to an administrative fine of 5,000 (five thousand) rubles. In the supervisory appeal of N.N. Transition ...
Resolution of September 26, 2019 in case No. 4A-792/2019
Kemerovo Regional Court (Kemerovo Region) - Administrative
By the decision of the judge of the Central District Court of Novokuznetsk dated March 28, 2019, upheld by the decision of the judge of the Kemerovo Regional Court dated May 22, 2019, Pavlov Yu.V. found guilty of an administrative offense, under Part. 1 Article. 12.24 of the Code of Administrative Offenses of the Russian Federation, and was subjected to administrative punishment in the form of deprivation of the right to drive vehicles for a period of 1 (one) year. In the supervisory appeal of Pavlov Yu.V ...
Decision of 25 September 2019 in case No. 21-595/2019
Kemerovo Regional Court (Kemerovo Region) - Administrative
Decree of the head of the department for the preparation and conscription of citizens for military service of the military commissariat of the Central, Kuibyshev and Novokuznetsk districts of Novokuznetsk FULL NAME4 of April 25, 2019 and the decision of the judge of the Central District Court of Novokuznetsk dated July 09, 2019. in the case of an administrative offense under Article 21.5 of the Code of Administrative Offenses of the Russian Federation, in respect of Shmarin Boris Igorevich, leave unchanged, the complaint is dismissed ...
Referee: Kiklevich S.V. Case #33-8250
Speaker: Chudinova T.M.
APPEALS DETERMINATION
Judicial Collegium for Civil Cases of the Kemerovo Regional Court
consisting of: presiding Chudinova T.M.,
judges: Pastukhova S.A., Suchkova I.A.,
under the secretary Nazarenko O.V.,
having heard in open court on the report of Judge Chudinova T.M. civil case on a private complaint of Olga Alexandrovna Gorshkova
to the determination of the Rudnichny District Court of the city of Prokopyevsk, Kemerovo Region
at the request of Zheltoukhova Albina Nikolaevna on the restoration of the deadline for filing a cassation appeal,
SET UP:
Zheltoukhova A.N. asked the court to restore the procedural deadline for filing a cassation complaint, motivated by the fact that she missed for a good reason the deadline for filing a cassation complaint on the appeal ruling from 03.11.2016 in the case on the claim of Gorshkova Oh.A. to Zheltoukhova A.N. on the recognition of the contract of sale as invalid, since she is legally illiterate, she has nowhere to live and, accordingly, send a complaint with a specific address.
Zheltoukhova A.N. supported the statement at the hearing.
Gorshkova O.A. objected to the reinstatement.
The representative of a third party, who did not make independent claims regarding the subject of the dispute, the Federal Migration Service for the Kemerovo region in the city of Prokopyevsk, as well as the prosecutor, did not appear at the hearing.
Rudnichny District Court of the city of Prokopyevsk, Kemerovo Region, dated June 09, 2017, decided:
To restore Albina Nikolaevna Zheltoukhova the procedural time limit for filing a cassation appeal against the decision of the Rudnichny District Court of Prokopyevsk, Kemerovo Region, dated August 08, 2016, and the appeal ruling of the Judicial Collegium for Civil Cases of the Kemerovo Regional Court, dated November 03, 2016.
In a private complaint Gorshkova Oh.A. Requests the ruling of the court to cancel, referring to the fact that the court had no reason to restore the defendant missed the deadline for filing a cassation complaint.
The defendant has permanently lived and still lives in a private house at<адрес>owned by the defendant and her son.
In addition, the defendant had the opportunity to hire a lawyer to file a cassation appeal. The defendant earlier, when filing a counterclaim with the court to recognize the transaction as invalid, issued a power of attorney to represent their interests in court FULL NAME1 , which is engaged in private legal practice. FULL NAME2 was a representative Zheltoukhova A.GN at lawsuits.
The Judicial Collegium for Civil Cases of the Kemerovo Regional Court clarified to the defendant in the court session when issuing the appeal ruling the time limits for appealing against the ruling. The defendant was personally present at the court session and could not but hear about the explanations of the court.
In accordance with par. 1 hour 3 tbsp. 333 of the Code of Civil Procedure of the Russian Federation, a private complaint was considered by the court of appeal without notifying the persons participating in the case.
Having studied the materials of the case, having discussed the arguments of the private complaint, the Judicial Board finds the court's ruling to be canceled on the following grounds.
In accordance with Part 2 of Article 376 of the Code of Civil Procedure of the Russian Federation, judicial decisions may be appealed to a court of cassation within six months from the date of their entry into force, provided that the persons referred to in Part 1 of this Article have exhausted other methods of appeal established by this Code court order until the date of its entry into force.
By virtue of Part 4 of Article 112 of the Code of Civil Procedure of the Russian Federation, an application for the restoration of the missed procedural period established by Part 2 of Article 376, Part 2 of Article 391.2 and Part 2 of Article 391.11 of this Code shall be filed with the court that considered the case at first instance. The specified period can be restored only in exceptional cases, when the court recognizes valid reasons for missing it due to circumstances that objectively exclude the possibility of filing a cassation or supervisory appeal within the prescribed period (serious illness of the person filing the complaint, his helpless condition, etc.), and these circumstances had place within a period not later than one year from the date of entry into force of the appealed court decision.
It follows from the materials of the case that by the decision of the Rudnichny District Court of the city of Prokopyevsk, Kemerovo Region of 08.08.2016 it was decided:
“The claims of Olga Alexandrovna Gorshkova against Albina Nikolaevna Zheltoukhova on recognition as having lost the right to use the residential premises, eviction and deregistration are partially satisfied.
Recognize Zheltoukhova Albina Nikolaevna,<данные изъяты>who has lost the right to use residential premises - an apartment located at:<адрес>
To evict Albina Nikolaevna Zheltoukhova,<данные изъяты>, from a dwelling - an apartment located at:<адрес>
In the rest of the claim to the defendant Zheltoukhova A.GN. refuse.
Refuse to satisfy Albina Nikolaevna Zheltoukhova's counterclaim against Olga Alexandrovna Gorshkova on recognizing the sale and purchase agreement as invalid” (volume 1 pp. 176 - 187).
Appeal ruling of the Judicial Collegium for Civil Cases of the Kemerovo Regional Court of 03.11.2016 upheld the decision of the Rudnichny District Court of the city of Prokopyevsk, Kemerovo Region of 08.08.2016, the appeal of Zheltoukhova A.N. - without satisfaction (volume 1 case files 217-221).
11/18/2016 materials of the civil case No. 2 -562 / 2016 at the suit of Gorshkova O.A. to Zheltoukhova A.N. on recognition as having lost the right to use the premises, eviction and deregistration, counterclaim Zheltoukhova A.GN. to Gorshkova O.A. on the recognition of the sale and purchase agreement as invalid, were received by the Rudnichny District Court of the city of Prokopyevsk, which is confirmed by the stamp of the court for registering incoming correspondence.
On December 5, 2016, A.N. Zheltoukhova applied to the Rudnichny District Court of Prokopyevsk with an application for a deferment of the execution of the court decision (volume 1 case file 224).
By a court ruling dated 12/16/2016, A.N. Zheltoukhova’s application was partially satisfied, a deferment was granted for the execution of the decision of the Rudnichny District Court of the city of Prokopyevsk, Kemerovo Region, dated 08/08/2016 for a period until 03/01/2017 (volume 1 pp. 248-251).
By the decision of the judge of the Kemerovo Regional Court dated May 15, 2017, the cassation complaint of Zheltoukhova A.N. was returned without consideration. to the appeal ruling by the Judicial Collegium for Civil Cases of the Kemerovo Regional Court dated 03.11.2016 and the decision of the Rudnichny District Court of the city of Prokopyevsk, Kemerovo Region dated 08.08.2016, received by the Kemerovo Regional Court on 04.05.2017, due to non-compliance with the requirements of clause 3 h 1 tbsp. 378 Code of Civil Procedure of the Russian Federation (volume 2 case file 6). since the appeal sent Zheltoukhova A.GN. in the last days of the appeal period, the applicant explained the provisions of Art. Part 2 Art. 376, part 4 of Art. 112 Code of Civil Procedure of the Russian Federation.
06/02/2017 Zheltoukhova A.N. applied with this application for the restoration of the procedural term (volume 2 pp 3 - 4).
Satisfying statement Zheltoukhova A.GN. on the restoration of the deadline for filing a cassation appeal against the above judicial decisions, the court proceeded from the fact that the statutory deadline for filing it was missed for a good reason.
However, the Judicial Board finds this conclusion of the court erroneous.
In paragraphs 8, 10 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 11, 2012 No. 29 “On the application by courts of the norms of civil procedural legislation governing proceedings in the court of cassation”, it is explained that, based on the provisions of Part 2 of Article 376, paragraph 3 of Part 1 of Article 379.1, article 382, paragraph 6 of part 1 of article 390 of the Code of Civil Procedure of the Russian Federation, the six-month period for cassation appeal against court decisions that have entered into legal force is the same for appealing against court decisions in cassation, and filing a cassation appeal, presentation to the Judicial Collegium for Administrative Cases, to the Judicial Collegium in civil cases or to the Military Collegium of the Supreme Court of the Russian Federation after an appeal against court decisions to the presidium of a regional or equivalent court does not entail its calculation again. Based on the provisions of Part 4 of Article 112 of the Code of Civil Procedure of the Russian Federation, this period can be restored at the request of both an individual and a legal entity, and only in exceptional cases when the court recognizes valid reasons for missing it due to circumstances that objectively exclude the possibility of filing a cassation complaint within the prescribed period. With regard to individuals participating in the case, such circumstances, in particular, may include a serious illness, a helpless condition, other circumstances relating to the personality of the applicant, as well as other circumstances beyond the control of the person, due to which he was deprived of the opportunity to apply in a timely manner. with an appeal to the court.
By establishing a six-month time limit for filing a cassation complaint, the legislator proceeded from the fact that a person, exercising due diligence and conscientiousness in exercising the rights granted to him by law, has the opportunity to calculate the time necessary for him to appeal a court decision in cassation. The restoration of the procedural term is guaranteed to persons who objectively did not have the opportunity to file a complaint within the period established by law.
Thus, the possibility of restoring the period for appealing court decisions in cassation is associated with the presence of exceptional circumstances that occurred after the entry into force of judicial acts.
By virtue of the provisions of Art. 56 of the Code of Civil Procedure of the Russian Federation, evidence confirming the existence of valid reasons for missing the statutory deadline for cassation appeal should have been submitted by the applicant, which was not done.
There are no circumstances in the case file directly related to the applicant's personality that would actually prevent her from preparing and filing a complaint within the time limit set for challenging the court decision to the court of cassation.
In the application for the restoration of the missed procedural term Zheltoukhova A.GN. as the reasons for missing the deadline for cassation appeal against judicial acts, he refers to legal illiteracy, lack of a permanent place of residence.
However, the panel of judges believes that these circumstances cannot be regarded as valid reasons that objectively prevent the defendant from exercising his right to cassation appeal in a timely manner.
As follows from the case file, Zheltoukhova A.GN. was personally present at the court session of the Judicial Collegium for Civil Cases of the Kemerovo Regional Court dated November 3, 2016, the court explained the persons involved in the case, their procedural rights, including the right and procedure for appealing the appeal ruling. In addition, Zheltoukhova A.N. took part in the consideration of the case by the court of first instance on the merits of the dispute, including through participation in court hearings of her representative by proxy FULL NAME3
Thus, the circumstance of the applicant's legal illiteracy is not grounds for restoring the procedural term for filing a cassation appeal and the arguments of Zheltoukhova A.GN. do not indicate the impossibility of filing a cassation appeal in a timely manner and are not a good reason for missing the deadline.
The applicant's reference to the fact that, due to the impossibility of living at the place of registration, she did not have a permanent place of residence, which made it difficult to send and receive mail, cannot be taken into account. The Judicial Board finds noteworthy the arguments of a private complaint Gorshkova Oh.A. that the defendant permanently lived and lives to the present in a private house at the address:<адрес>which is also confirmed by the materials of the case, according to which Zheltoukhova A.N. indicated the address of her residence<адрес>(Volume 1 case sheet 191).
Thus, the circumstances indicated by the applicant do not affect the essence of the resolution of the application for the restoration of the procedural term.
The applicant did not provide evidence that, acting reasonably and in good faith, she encountered circumstances that prevented the timely filing of the cassation complaint, and therefore, the court of first instance had no legal grounds for satisfying the application and restoring the time limit.
In this regard, the court of appeal comes to the conclusion that the ruling of the court of first instance was canceled and the application for the restoration of the missed procedural deadline for filing a cassation appeal was denied, since the deadline for appealing against the court decisions held in the case in the cassation procedure was missed by the applicant without good reason.
Zheltoukhova A.N. did not show a sufficient degree of care and diligence in relation to the issue of timely appeal against court decisions in cassation, although, due to the circumstances of the case, she should and could do this.
Under such circumstances, the ruling of the court cannot be recognized as illegal, it is subject to cancellation with the resolution of the issue on the merits.
Guided by Art. 334 Code of Civil Procedure of the Russian Federation, Judicial Board
ABOUT D E L I L A:
Determination of the Rudnichny District Court of the city of Prokopyevsk, Kemerovo Region dated June 09, 2017, to cancel, to resolve the issue on the merits.
Refuse Zheltoukhova Albina Nikolaevna to satisfy the petition to restore the missed deadline for filing a cassation appeal against the decision of the Rudnichny District Court of the city of Prokopyevsk, Kemerovo Region of August 08, 2016 and the appeal ruling of the Judicial Collegium for Civil Cases of the Kemerovo Regional Court of November 03, 2016 in a civil case on lawsuit Gorshkova Oh.A. to Zheltoukhova A.N. about the recognition of the contract of sale as invalid.
Presiding: T.M. Chudinov
Judges: S.A. Shepherds
I.A. Suchkova
Placement decision
judicial act on the website of the Kemerovo Regional Court
in case No. 33-8250
Decision
Signature of the judge confirming the decision
Place in full, since the text of the decision is subject to publication (Part 3, Article 253 of the Code of Civil Procedure of the Russian Federation, Article 35 of the Law of the Russian Federation "On the Mass Media", Part 2 of Article 15 of the Federal Law of December 22, 2008 No. 262-FZ, as amended by dated June 28, 2010).
Place with the deletion of the personal data of the participants in the process, except for the names and initials of the plaintiff, defendant, third party, civil plaintiff, civil defendant, convicted, acquitted, the person in respect of whom proceedings are being conducted on an administrative offense, the secretary of the court session that considered (considered) the case of judges (judges), as well as the prosecutor, lawyer and representative, if they participated in the trial (part 3 of article 15 of the Federal Law of December 22, 2008 No. 262-FZ, as amended on June 28, 2010).
Place with the exception of information containing:
- state or other secrets protected by law (commercial, tax, banking, medical, notary, lawyer, audit, insurance, adoption, will, correspondence, telephone conversations, mail, confession, pawnshop, etc.).
– other information of limited access (information about events and circumstances of private life, personal, family secrets, confidential information about the population in census forms, as well as information that became known to employees of social service institutions when providing social services, etc.).
(part 4 of article 15 of the Federal Law of December 22, 2008 No. 262-FZ as amended on June 28, 2010).
(Underline whatever applicable)
Do not post, as the judicial act was issued in cases:
1) affecting the security of the state;
2) arising from family legal relations, including in cases of adoption (adoption) of a child, other cases affecting the rights and legitimate interests of minors;
3) on crimes against sexual inviolability and sexual freedom of a person;
4) on limiting the legal capacity of a citizen or on recognizing him as incapacitated;
5) on compulsory hospitalization of a citizen in a psychiatric hospital and compulsory psychiatric examination;
6) on the introduction of corrections or changes in the record of acts of civil status;
7) on the establishment of facts of legal significance, considered by courts of general jurisdiction;
8) resolved in accordance with Article 126 of the Civil Procedure Code of the Russian Federation.
