Samples of statements, objections, complaints, petitions in civil cases

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A private complaint against a court ruling is used to initiate a review of individual cases by the appellate court. In itself, the ruling made in the court of first instance regulates the resolution of intermediate procedural issues that are not directly related to the consideration of the case on the merits, but which may affect the outcome of the case. And although we are not talking about an appeal, the requirements for a private complaint are also strict and are set out in civil procedural legislation.

What is a private complaint against a court ruling?

Issues that arise during the consideration of the case are resolved by the court by issuing a ruling. For example, a determination on the appointment of a forensic examination. Or about postponing the case. However, some definitions may lead to unfavorable consequences for the participant in the case. For example, the court will make a ruling to terminate the proceedings, but the plaintiff does not agree and considers it necessary to resolve the issue on the merits. After all, he will no longer be able to appeal to this defendant with such a claim. Or the court issues a ruling to impose a judicial fine. And the one to whom it was applied does not agree that there are grounds for this.

Not all rulings of the court of first instance can be appealed. But only those that are directly indicated by the Civil Procedure Code. And those that make it impossible to consider the case on its merits. As a rule, the definition itself contains an indication of the possibility of appealing it by filing a private complaint.

A private complaint can be filed within 15 days from the date of the court ruling. If a complaint against a ruling is filed separately from an appeal against a court decision, then it is called private.

Private complaints are filed through the court, which considers the case on its merits as the first instance. If the applicant misses the deadline, it can be reinstated. To do this, a corresponding petition must be drawn up. Moreover, a private complaint should only be filed simultaneously with such a petition.

A private appeal against a ruling by a magistrate is considered by the district court. For the determination of the district court - the regional (city, regional, republican) court.

Related documents

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• Claim for payment of a fine for late issuance of working documentation
• Claim for payment of a fine for late issuance of working documentation (for construction)
• Claim for non-delivery of products
• Form of statement of claim to the arbitration court at a specialized consulting company
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• Sample. Claim under a contract
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• Application for the elimination of illegal parking spaces in the yard
• Statement of claim for violation by the contractor of deadlines for completing work (rendering services)
• Statement of claim to invalidate the refusal in the state. registration of ownership of unfinished construction of real estate

What civil court rulings can be appealed?

A private complaint is filed against court rulings in cases where such an appeal procedure is specifically provided for by the Code of Civil Procedure of the Russian Federation or the ruling precludes further progress of the case (Article 331 of the Code of Civil Procedure of the Russian Federation). In other cases, you can appeal the ruling in the text of the appeal against the court decision, indicating your disagreement with the actions of the court, formalized by the ruling in the form of your objections.

A complete list of determinations subject to appeal is given in a separate article.

What can be appealed

The law established two principles that must be followed when appealing determinations:

• court decisions that violate the legitimate interests of citizens and legal entities are appealed;
• or slowing down/stopping further proceedings in civil cases.

In practice, it turns out that some decisions can be challenged, while others will have to be put up with. This division is carried out by the Civil Procedure Code.

Filing and consideration of a private complaint

An appeal against a court ruling is filed with the court of first instance. There is no state fee for filing an application.

The procedure for considering private complaints is established in Article 333 of the Code of Civil Procedure of the Russian Federation. The main feature of their consideration is that, as a general rule, the court considers them without notifying or summoning the participants in the civil process. That is, you will not be able to give oral explanations and present any of your arguments to the court. Therefore, a private complaint should be as detailed as possible.

The following definitions, as an exception to the general rule, are considered with notification and summons to the participants in the case:

• suspension of the proceedings,
• termination of proceedings,
• leaving the application without consideration,
• satisfaction or refusal to satisfy an application, proposal for review of court decisions based on newly discovered or new circumstances,
• on forced execution or refusal to enforce a decision of a foreign court, and a number of others (Part 2 of Article 333 of the Code of Civil Procedure of the Russian Federation).

If the court deems it necessary, it may schedule a hearing on a private complaint on other issues.

Circumstances requiring increased attention

When writing a private complaint, you must remember that the other party to the lawsuit has the right to submit their objections regarding the circumstances stated in the complaint.

Therefore, if the complaint is not intended to delay the court’s final decision, it is necessary to use such evidence that will make possible objections useless.

To do this, you need to consult with a lawyer, since only a competent specialist can draw the necessary and correct conclusions, which can later be used in the evidence base.

Among other things, if for some reason a private complaint was not filed, then the requirements that were intended for the complaint in a regular appeal can be stated.

But for this it will be necessary to wait for the final resolution of the case on the merits.

These are the factors that should be taken into account when writing a private complaint in a civil case, a sample of which can be downloaded from our website. Well, if you have any questions, please contact us.

Private complaint against a court ruling in a civil case

How to apply and send

The law provides for a simple written form of the document. A sample private complaint against a court ruling contains the following sections:

• opening;
• descriptive;
• final.

The appeal is completed by the date of preparation and the personal signature of the “complainant”. The essential information is:

• details of the court of appeal (name, territorial affiliation);
• FULL NAME. the complaining citizen, his place of permanent/temporary residence;
• data of the appealed judicial authority;
• applicant's requirements, grounds for cancellation.

It is necessary to indicate as fully as possible the decisions and other procedural actions with which the person does not agree. What is the violation of rights, what actions need to be taken to restore the rule of law. A reference to legal norms will not be superfluous.

When composing the text, any emotionality of the document is excluded. Only a “dry” business style with clear wording and references to the current procedural legislation.

Submitting an appeal

The deadline for filing a private complaint is 15 days in standard cases. What to do if time is lost due to a serious illness, an unforeseen business trip of the initiator, or a difficult family situation? The Civil Procedure Code considers these grounds to be compelling reasons for extending the appeal period. Also, the time is extended in case of omissions by the court secretary.

• The appeal is sent to the court that issued the ruling;
• it is necessary to stock up on the number of copies according to the number of participants in the appeal;
• You don’t have to go to court in person, but send documents by mail;
• Private appeals are not subject to filing fees.

Registration procedure

A private complaint must be made in writing. The document must contain introductory, descriptive and concluding parts, the necessary details and signatures. The text must be written in an official business style, be clear, understandable, and not contain slang words or obscene language.

The following persons can appeal a court decision:

• The defense and prosecution sides. Representatives of both parties are required to provide the Charter of the legal entity and a power of attorney, which will confirm their right to carry out procedural actions;
• Third parties who are participants in the case, if this concerns their legal capacity;
• Persons who did not take part in the trial, but the court decision also affects their rights and obligations;
• Prosecutor;
• Bodies of state power and local self-government;
• Guardianship and trusteeship authorities.

Submission deadline

The period for appealing a court ruling is established by Article 332 of the Code of Civil Procedure of the Russian Federation - 15 calendar days from the date of the appealed ruling. The same period applies to submitting a prosecutor's proposal for a court ruling.

The period is counted from the next day after the decision is made. In order not to miss it, you must submit documents to the court on the last day of the deadline through the office or submit them to the post office on this date.

If the deadline is missed

If the 15 days established by law for filing a private complaint are missed, the deadline can be restored in cases where the reason for the omission was valid. The restoration of the period is carried out according to the rules provided for in Article 112 of the Code of Civil Procedure of the Russian Federation. The main ones are given below.

• The time limit can be restored only at the request of the person filing the complaint.

Olga Smirnova

Civil lawyer, Master of Laws

The petition must be formulated in writing and submitted to the court simultaneously with the complaint. If such a document is missing, consideration of the private complaint will be refused. The court will consider that the issue of restoring the procedural period has not been resolved and will issue a ruling to leave it without consideration on the merits (Resolution of the Plenum of the Supreme Court of the Russian Federation No. 13 of June 19, 2012).

• The reason for missing the deadline must be valid - that is, there must be objective circumstances that prevented the timely filing of a private complaint with the court. In addition, it is necessary to attach evidence that such facts actually occurred.

The list of valid reasons is open, that is, their assessment is made at the discretion of the court. The grounds justifying missing a deadline by an individual include the serious illness and helpless state mentioned in Article 112 of the Code of Civil Procedure of the Russian Federation. If it is possible to prove the existence of these circumstances, the term will be restored. In other cases, the court must be convinced that the filing of the complaint did not take place for objective reasons.

Olga Smirnova

Civil lawyer, Master of Laws

For legal entities, restoration of deadlines is extremely rare. It is believed that the organization has sufficient resources to organize its work without delays. Therefore, circumstances such as the illness of the general director or lawyer, as a rule, do not serve as a sufficient basis for reinstating the deadlines.

The issue of reinstating the term is considered at the court hearing. The court questions the participants in the process as to whether it is worth reinstating the term. But the failure of any of them to appear does not prevent the issue from being resolved on the merits.

Having considered the validity of the stated reasons for absence, the court makes one of the following determinations:

• On the restoration of the procedural period and the acceptance of a private complaint for proceedings;
• On refusal to restore the term.

Participants in the process can file a new private complaint against any of these determinations (Resolution of the Plenum of the Armed Forces of the Russian Federation dated December 11, 2012 No. 29).

State duty

Based on Article 333.36 of the Tax Code of the Russian Federation (part 1, clause 7), private complaints are not subject to state duty.

What is an appeal?

An appeal is a procedural form of documentation that allows you to challenge an unlawful court decision that has not entered into legal force. Any participant in the process - the accused, the victim, the prosecutor and other persons participating in the case - has the right to draw up such a complaint. At the same time, other citizens who are not related to the case can also act as appellants, if a judicial act on such authority was adopted earlier.

In procedural law there are 2 types of appeal:

1. Full. In this case, the case is reviewed from the very beginning and on its merits.
2. Incomplete. This procedure involves checking the court decision of the 1st instance for its validity and legality.

Basic prerequisites for a complaint

Problem with securing a claim

The court's decision to secure a claim is not always justified. Then it is necessary to appeal this decision, and this can be done by the plaintiff or the defendant. Regardless of which party does not satisfy the court's decision, a private complaint is always filed against the ruling on securing the claim and sent to a higher judicial authority.

The document indicates the details of the court where it is being filed and all the required information about the participants in the process. Then the complaint itself is described, its essence depends on who is challenging the court ruling.

To appeal a court ruling to secure a claim, 15 days are allotted from the date of the court decision. If one of the interested parties was not present during the hearing, the period is counted from the moment when all participants in the process received information about the court decision. Then the complaint will need to provide evidence that the participants learned about securing the claim after some time.

Refusal to accept a claim

In accordance with Art. 134 of the Code of Civil Procedure of the Russian Federation, a refusal to accept a statement of claim can be obtained if:

1. The application is not considered in the courts or is subject to consideration in constitutional and criminal proceedings, proceedings in cases of administrative offenses.
2. There is a court decision that has entered into force in a case where the same persons appear or a ruling to terminate the court case.
3. There is an arbitration court decision, the fulfillment of the terms of which is mandatory for both parties. The only exception is the case when the court refuses to issue a writ of execution for the forced execution of an arbitration court decision.
4. Failure to pay state duty.
5. A private complaint is filed against a ruling that is not subject to independent appeal, then the court returns it.

If a claim is rejected, you cannot file the same claim again. Therefore, a private complaint may be filed against the judge’s decision to refuse to accept the statement of claim.

Involvement of third parties

It is possible to involve a third party in the case if he is interested in the outcome of the current conflict, or the court’s decision may somehow affect his rights.

Private complaints in administrative cases and in cases of administrative offenses

If the case is heard in court according to the rules of administrative proceedings (for example, in the case of appealing against actions, decisions and other acts of public authorities and administration), appealing the rulings adopted in the case is carried out in a similar manner.

Olga Smirnova

Civil lawyer, Master of Laws

In accordance with Art. 313 of the Code of Administrative Proceedings of the Russian Federation, a private complaint can be filed against a court ruling in cases where this is provided for by the CAS of the Russian Federation, or the appealed ruling excludes the possibility of further movement of the administrative case.

The CAS of the Russian Federation establishes a 15-day period for filing private complaints (Article 334). In some cases, this period is reduced to 10 days (appealing acts in cases of protection of electoral rights, deportation or readmission of a foreign citizen, challenging a citizen’s hospitalization in a medical organization, etc.). The consideration of a private complaint is carried out by a higher court without summoning the parties (their participation in the process is possible only if the court considers it necessary). Based on the results of the consideration of the case, the appealed ruling may be canceled or left unchanged.

The Code does not directly provide for an appeal against rulings under the Code of Administrative Offenses of the Russian Federation made during the consideration of cases of administrative offenses. However, in the judicial practice of the Supreme and Constitutional Courts it was noted that an appeal is possible for determinations that impede the further progress of the case (by analogy with other procedural codes).

The Plenum of the Supreme Court of the Russian Federation noted that due to the fact that the determination to return the protocol on an administrative offense excludes further progress of the case, it can be appealed:

• the person against whom proceedings for an administrative offense are being conducted;
• victims whose right to judicial protection is affected;
• protested by the prosecutor (Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 24, 2005 No. 5).

From judicial practice: the prosecutor appealed to the court the decision of the environmental inspector to return the decision due to the incompleteness of the materials provided. The city court judge returned the protest without consideration due to the fact that the Code of Administrative Offenses of the Russian Federation does not provide for an appeal against such a determination. The Higher Court overturned this ruling with reference to the opinion of the Supreme Court of the Russian Federation (Review of the Kemerovo Regional Court dated 03/03/2014).

Sample of a private complaint under the CAS RF

To court

Via _____ federal district court

Applicant: full name/name, address, telephone

Administrative plaintiff: full name/name, address, telephone

Administrative respondent: full name/name, address, telephone

Case No. XXXX

Private complaint

For a ruling by a court of general jurisdiction in an administrative case

The ____ federal district court is in the process of administrative case No. ХХХХХ on the administrative claim of the full name against ХХХХ about ____. XX.XX.20XX in the case a court ruling was made on _________.

The applicant believes that the said court ruling was made in violation of the rules of substantive and procedural law, namely _______. As a result, this determination violates the rights and legitimate interests of the applicant, which is confirmed by ______.

According to Art. ____ of the Code of Administrative Procedure, this determination can be appealed separately from the decision in the case

Based on the above and in accordance with Art. ____, 313 – 316 CAS RF,

ASK:

1. Cancel the ruling of the _______ Federal District Court dated ____20___ in case No. ____ in full and resolve the issue on the merits.

Sample complaint

In the Tverskoy District Court of Moscow From: Yu. Yu. Vasilkov, residing: Moscow, st. 1st Ivanovskaya, 5, apt. 5

PRIVATE COMPLAINT

for determination by the magistrate

Magistrate Gerasimsky M.M., assigned to the 111th judicial district in the Tverskoy district, July 20, 2021, in a civil trial on the claim of Vasilchikov Yu.Yu. to Romashkina A.A. for the recovery of a debt in the amount of 9,990 rubles determination to refuse to consider the plaintiff's claims.

The ruling made by Magistrate M. M. Gerasimsky does not comply with the requirements of the law, since he considered that there was already a decision of the civil court on this dispute dated June 20, 2020. However, these disputes are different and independent, therefore the refusal of the magistrate is unfounded.

Based on the above facts and circumstances, guided by Art. 331-333 Code of Civil Procedure of the Russian Federation,

Ask:

1. To cancel the illegal ruling made by Magistrate M. M. Gerasimsky dated July 20, 2021 in a civil proceeding based on the claim of Yu. Yu. Vasilchikov against A. A. Romashkina for the return of a debt in the amount of 10,000 rubles.
2. Make another determination by which to accept the claim for proceedings.

List of applications:

1. Copy of private complaint

July 25, 2021 Applicant’s signature: _______

Sample of a private complaint against a court ruling We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

8 (800) 350-14-90

Where and how to file a complaint

It is necessary to appeal a ruling of a civil court that is dissatisfactory to one of the parties in the next instance, but through the clerk of the court that issued the ruling. That is, a private complaint addressed to the city (regional/regional/republican) court is filed in the district court whose ruling is being disputed. For example, if a controversial ruling was made by one of the judges of a district court in Belgorod, then a private complaint must be filed with the same authority, indicating the addressee - the Belgorod City Court.

Art. 332 of the Code of Civil Procedure of the Russian Federation establishes a 15-day period for the applicant to file a private complaint from the moment an illegal or incorrect court ruling is made.

You can file a private complaint:

• in person to the court secretariat;
• through Russian Post;
• by email or through the court website.

The address, e-mail and phone number of the desired court can be found on its official website or checked with the court office.

Content and design

A private complaint is drawn up in compliance with the general rules established for procedural documents submitted to the court. It consists of several parts.

1. The header of the document indicates: the name of the court of appeal (judge) to which the complaint is addressed, the name of the court considering the case, as well as data of the participants in the process, including the applicant and the case number;
2. The main part contains the contents of the complaint: a link to the appealed determination and arguments about why it should be canceled, as well as a link to evidence confirming the stated requirements. It is also necessary to indicate on the basis of which article of the Code of Civil Procedure of the Russian Federation the appeal is being made;
3. The pleading part contains a requirement to cancel the appealed determination;
4. The final part provides a list of documents confirming the stated requirements.

A private complaint is drawn up in writing signed by the person filing it. If the document was signed by power of attorney, a copy of it must be attached.

Is it necessary to attach a court ruling?

The Code of Civil Procedure of the Russian Federation does not contain a requirement that a private complaint must be accompanied by a ruling of the court to which it was filed. This document is contained in the case materials and can be requested by the court independently.

Olga Smirnova

Civil lawyer, Master of Laws

This conclusion is confirmed by judicial practice. As noted in the Appeal Determination No. 33-2339/2013 of the Omsk Regional Court dated April 3, 2013, in accordance with the provisions of Art. 322 of the Code of Civil Procedure of the Russian Federation, when filing a private complaint, it is not necessary to attach a copy of the appealed ruling.