Tip 1: How to write an appeal

cassation complaint may be filed against decisions of courts of Russia, taken in the first instance, except for the decisions made by magistrates.The order of its composition is simple, even for those who do not have legal training.Consider the most important aspects of the preparation of the appeal.
you need
  • Please read chapter 40 of the Civil Procedure Code of the Russian Federation, if you file an appeal against the court decision in a civil case, or chapter 43 of the Criminal Procedure Code of the Russian Federation, if the court's decision that you are dissatisfied,It was taken in a criminal case.
Guide
1
appeal against the decisions of the courts in criminal or civil cases are compiled in a similar pattern.For example, consider drawing appeal against the decision of the district court in a civil case.The main legislative act in this case would be civil procedure code.
2
cassation complaint is necessary to have time to submit within 10 days from the date of the decision by th
e court of first instance; otherwise the decision will come into force.Has the right to lodge an appeal in the case of parties and other persons involved in the case.
3
cassation complaint must contain:

1. the name of the court to which the complaint is addressed - regional, regional court, the supreme court of the republic, according to the region;

2. name of the person filing the complaint, his place of residence or location, if it is a company;

3. indication of the court's decision, which is being appealed;

4. requirements of the person filing the complaint and the grounds on which the person believes the court decision wrong;

5. a list annexed to the complaint, the production of evidence.

name of the court and the person filing the complaint is written in the "cap" the complaint, on the right side of the sheet.The complaint must be accompanied by a copy thereof in an amount equal to the number of persons in uchatsvuyuschih (plaintiff, defendant, third party).An appeal must be filed in the court hearing the case at first instance.
4
If the appeal is made correctly, the court shall send a copy thereof to other participants of the case and after the 10-day deadline for appealing the decision of the court itself sends a complaint with the Supreme Court for review.
5
appeal court, as a rule, does not consider the matter anew.In considering it comes from the reasons stated in the appeal and evidence, although in some cases it can check the first instance judgment in full, so it is important to clearly set out their arguments in the appeal.As a rule, consideration last month, then held a hearing.
6
appeal court may leave the decision of the court of first instance, to cancel or modify the decision of the court of first instance in whole or in part, refer the case for a new trial or to make a decision on their own.He also has the right to leave the cassation appeal without consideration, or to cancel the decision of the court of first instance and terminate the proceedings.After reviewing the case, the court shall make the appeal decision, which takes effect immediately.
7
course kassatsionnoek definition also can be appealed - in the order of supervision.However, to avoid the associated difficulties and loss of time, it is better to pay attention to well-written appeal.If the case in which you are involved, rather confusing and difficult, it is better to entrust the writing of cassation lawyer, or even an entire law firm.

Tip 2: How to write a complaint to the Court of Cassation

Given the fact that our bureaucratic country to the bureaucracy itself same bureaucrats are quite irresponsible, any document must be written so that itWe read and not sent to the trash.Moreover, the document should not just be read, but should make it agree with your opinion.
How to write a complaint to the Court of Cassation
you need
  • court decision;matter, which forms the legal proceedings;minutes of meetings;articles of the law on which the decision was rendered.
Guide
1
To begin understand, what exactly is the difference of your personal opinion and taken court decision.This will help you understand how you have the right to appeal the decision.
2
Ask the terms stipulated by law, which must be filed with the complaint.You have two months from the date of the court , the contested decision.If you have time to do everything on time, start studying the court's decision.Take a good look at the availability of all necessary signatures in the judgment and all the minutes of the meeting.If you have any doubt or disagreement in something, then flip it all in the complaint.
3
Carefully read the documents, which are attached to the case.Check them for compliance with the materials in the court decision.All the conclusions of the court must comply with the evidence attached to the case.Make notes what evidence in the case does not meet the Court's findings.
4
Learn jurisprudence, which is similar to the case.This will give you the opportunity to analyze the situation by looking at it from the outside, as well as pick up a strong case.
5
When writing a complaint using legal terminology, eliminating emotions and insults in the text of the complaint.This is only a disadvantage in its consideration of the court .Be brief in presenting their claims.
6
The main part of the document, specify the date of the decision, as well as information on what business and how Court it was made.
7
details about how it was the decision of the court.Specify the reasons why you disagree with the decision, which is illegal and unfair.The big plus is if you support his opinion the legislation with particular reference to the articles of the law.
8
Then write pleading part, which should be information about your request.Most of all - it is a request to cancel the decision of the court.
9
pay a state fee.Size and details ask at the court office.
10
attach to the complaint the following documents: a copy of the court decision;receipt of payment of state duty;a copy of the appeal;power of attorney, confirming the right to sign the appeal.
11
filed a cassation complaint Skopje court documents on the number of participants in the complaint.
Note
Do not use in the text of the complaint emotion and curse words.This may adversely affect the result of its review.
Sources:
  • legal site
Helpful Hint
The latest versions of legislation can be found in the legal systems Consultant Plus and the Guarantor.If these systems are not installed on your computer (usually they do not need you and if you are not a lawyer), the site of Consultant + can be accessed between 20.00 and 0.00, where the latest versions of many important pieces of legislation will be available.

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