CCP: private complaint about the ruling of the court

In the civil case, the court, in addition to the decision, can take the decision. This decision, a person who does not agree with him, has the opportunity to challenge. This right is established in the CCP.

A private complaint about the ruling of the court in the civil case: CCP RF

заявления оформляется согласно установленным законодательством правилам. The sample application is drawn up in accordance with the rules established by law. In the 331st article of the Code, cases are envisaged where the interested entity can challenge the decision adopted. The first paragraph of this rule states that a complaint can be filed if it is expressly fixed by law or if the ruling made excludes further motion of the case. All other decisions are allowed to challenge together with the decision. не подается на отказ в удовлетворении просьбы о назначении экспертного исследования, включении материалов в доказательства по делу, исследовании их и пр. Оспаривание этих актов производится в апелляционном производстве вместе с решением. For example, according to the CCP, a private complaint is not filed for refusal to satisfy a request for the appointment of an expert examination, inclusion of materials in evidence on the case, researching them, etc. Challenges to these acts are made in the appeal proceedings together with the decision.

Who should send the application?

направляется: In accordance with the provisions of Article 331 of the CCP, a private complaint about the ruling of a court in a civil case is sent:

1. To the appellate instance. In this body, it is possible to challenge the decisions made by the Supreme Council of the regions and regions, autonomous ones including republics, cities of federal significance.
2. To the Court of Appeal of the Supreme Court.
3. In the Armed Forces of regions and territories (autonomous including), republics, cities of federal significance - on decisions of regional instances.
4. In the RS, according to the CCP, a private complaint is sent to the judge of the peace.

Timing of submission

направляется не позднее 15 дней с момента оглашения постановления. According to the CCP, a private complaint about the ruling of the court is sent no later than 15 days after the announcement of the decision. The application can be submitted to the office independently or sent by post. In the latter case, it must be a registered letter. Lawyers recommend additionally to issue a notice of delivery.

Rules for consideration

They are established by Article 333 of the CCP. , а также приложенные к ней материалы должны быть направлены всем сторонам спора. A private complaint , as well as the materials attached to it, should be sent to all parties to the dispute. In this regard, the applicant must submit documents in an amount corresponding to the number of participants, plus one for the instance investigating the case. The legislation provides for a certain period in which the parties have the right to submit objections.

What decisions can be challenged?

According to the CCP, a private complaint is forwarded to acts on:

1. Recognition of entities that have declared separate claims, by third parties or about refusal to do so.
2. Return audio / video media information.
3. Substitution of the successor or refusal in this.
4. Disposal of the evidence available in the case.
5. Allocation of expenses for the proceedings.
6. Refusal to accept the application.
7. Securing the claim.
8. Refusal to restore the deadline, missed for valid reasons.
9. Refuse to take an additional decision.
10. Return the application.
11. Suspension of production, its termination, the abandonment of claims without consideration.
12. Explanation of the content of the decision.
13. Indexing of previously awarded sums.
14. Making corrections in the resolution.
15. Immediate implementation of the solution.
16. Prohibition of payment by the issuer of the document.
17. Provision of a duplicate.
18. Refuse to reduce the amount of fine.
19. Suspension, termination of production for IL.
20. Refusal to satisfy the petition for cancellation of the order to leave the claim without motion.
21. Turn the solution.

It is also possible to challenge the acts adopted on the issues stipulated in Article 298. Also filed in accordance with the procedure established by the 331st CCP norm, a private complaint about the determination of leaving the cassation / protest motion without motion.

Consideration without notice

The legislation establishes several cases where a private complaint is dealt with without notification of the parties. Such an assumption extends to challenging acts:

1. On the suspension of production.
2. Abandonment of claims without consideration.
3. Issue IL for compulsory execution of orders of the arbitration instance or refusal to do so.
4. Recognition / non-recognition of acts of foreign instances.
5. Termination of production.
6. Recognition and implementation of acts of arbitration (arbitration) or denial of this.
7. Satisfaction / non-satisfaction of the requirement to review the decision on the discovered facts.
8. Abolition of decisions of arbitration bodies or refusal to do so.

Time to review

According to Art. изучается в районных, краевых, областных, флотских инстанциях и органах городов федерального значения не дольше 2 мес с даты ее принятия. 327.2 The CCP private complaint is studied in the regional, territorial, regional, naval instances and bodies of cities of federal significance no longer than 2 months from the date of its adoption. The Supreme Court has the right to consider the application within 3 months. Having examined the circumstances set forth in the complaint, the court:

1. Leaves the impugned decision unchanged and, accordingly, the claim does not satisfy.
2. Cancels the act completely or in some part, directs the case for a substantive review.

Design Features

As established in the CCP, the private complaint includes mandatory requisites. First of all, the application shall indicate the name of the authority to which it is sent. After that, information is provided on the author of the complaint. It should be specified And place of residence (name and address of location - for legal entities), contact phone number. The e-mail number is optional. After that, the name of the document - "Private complaint" is indicated. In the text should be given the date of the decision, the issue that was solved by him. Further, the provisions of the act with which the applicant disagrees are indicated and arguments are presented in support of the position. Lawyers also recommend to refer to specific rules of law, which, according to the author, were violated during the proceedings and the issuance of the order, were misused or not used at all. After presenting the essence of the application, the articles with which the subject was guided when writing it (articles 331-333 of the CCP) are indicated. Next is the petitioner. It, in fact, sets out the requirement - to cancel (in full or in a separate part) the impugned act, to direct the case for revision. After that, list the applications, sign and date of registration.

Additionally

In general, the filing of a complaint does not present any difficulties, especially for those subjects who have some experience in court cases. Difficulties can arise when specifying legal provisions that have been violated, misused or not applied at all. It should be said that all claims must be justified and confirmed by valid information and documents. The applicant is liable for providing false information. Experts recommend consulting with lawyers before submitting a complaint to the court. Competent persons will check the rules of the application, the accuracy of the instructions. In addition, lawyers will explain how to behave properly in court in the process of defending their position. If the matter is complex, it is better to entrust his conduct to a professional. As mentioned above, the number of copies of the application and applications must correspond to the number of participants. The court will independently dispatch the materials to the parties.