Sample objections to the prosecutor's appeal submission

Objections to the prosecutor's submission are filed when such a person appeals the decision of the court of first instance. The prosecutor is a powerful figure in civil litigation. The court pays close attention to the opinion of such a person, so we have posted an up-to-date sample of objections to the prosecutor’s submission in a civil case, drawn up taking into account the latest changes in legislation.

The prosecutor takes part in the consideration of a very limited range of civil cases. The list of such cases is given in the article of the Code of Civil Procedure of the Russian Federation. For example, these are cases of adoption, deprivation of parental rights, eviction, etc.

The prosecutor who took part in the case has the right to appeal court decisions. And the failure of the prosecutor to appear to participate in the case does not deprive him of the opportunity to appeal. A prosecutor's complaint against a court ruling or decision is called a presentation. If the prosecutor was not involved in the case and does not have the right by law to participate in the case, he cannot file a complaint. Persons participating in the case, if the prosecutor submits a presentation, have the right to submit their objections to it.

Objections to the presentation are no different from objections to the appeal of other persons participating in the case. Use the additional information provided in this publication.

If the prosecutor refers to a violation by the court of procedural norms when considering the case, to circumstances that he misinterpreted, the participant in the case should file an objection. If, of course, they agree with the court. Objections are submitted in writing and addressed to the court of second instance. But they must be submitted to the court, which made a judgment on the merits. The court will indicate the deadline for filing objections in the notice with which a copy of the prosecutor's submission will be received.

There is no state fee for filing objections. Before going to court, a copy of the objections should be sent to the parties to the case. Participation in a court hearing of the second instance is a right, but not an obligation, of citizens. However, it should be noted that the prosecutor usually takes part in this court hearing.

If the applicant agrees with the position of the prosecutor and wants to support it in the appellate instance, instead of filing objections, you can prepare a review according to our sample.

Technical features when compiling

The text of the document should not exceed five pages, although there is no legal prohibition on this criterion, but for human perception this volume is optimal. Before challenging a claim, you should familiarize yourself with the generally established rules for filing an objection. Try to avoid long names, use abbreviations whenever possible. Do not use small font; it is recommended to use size 14 with one and a half spacing. It is possible to use bolding of phrases, but this should be done sparingly.

Indicate the case number, surname and initials of the judge hearing the case. There is no such obligation at the legislative level, but mentioning this in the descriptive part is a rule of good form.

For easier comprehension, it is recommended to use numbering of paragraphs within the document and pages. This will allow you to quickly orient the court according to the text of your document when speaking and keep their attention.

The main forms of acts and appeals are published on the official websites of the relevant courts.

In the footsteps of the legislator

According to the Code of Criminal Procedure of the Russian Federation, Article 389.1 states that a response to an appeal should be written in free form, and all standards and rules for writing business documentation must be observed. Most often, such papers are drawn up by a lawyer at the request of the victim.

Filing a protest is considered the main tool for the exercise of legal human rights during legal proceedings as a defense. Based on this possibility, the principle of adversarial law is placed, which assumes the main basis of the criminal process.

Because of this, the objection to the appeal must be correctly and logically proven. This will help to resist the opponent, who begins to accuse him of an incorrect decision as the court of second instance examines the criminal case.

1. Parties.
2. Prosecutor.
3. Persons representing legitimate interests, applicants.
4. Other figures who participate in the case in cases where this is provided for by the code and if the determination of the judicial authorities excludes the possibility of subsequent progress in the case.

It is best to file appeals immediately after a case, when a decision has recently been made.

This will help with the greatest likelihood of getting the desired response from the judicial authorities, since cases that are several years old are often considered by the judge with some caution and the reason for filing a cassation appeal is revealed, which can negatively affect the court’s decision.

When and to whom to submit?

An objection may be sent within the period determined by the judicial department and structure specified in the notice of sending an appeal protest in the case. Disagreement with the appeal is sent to the court office where the original verdict was announced. They are considered by the courts of second instance.

Sending an appeal statement during criminal proceedings is allowed no later than 10 days from the date of announcement of the court verdict.

For a convicted person in prison, the time for filing an appeal is counted from the moment he is given a copy of the verdict.

Lost time to submit an appeal request is allowed to be restored only if there are compelling reasons confirmed by the applicant when registering the complaint.

The legislation does not provide for actual deadlines for sending reviews, but obliges the court to establish them when notifying the persons involved in the case.

Note. The number of copies of disagreement with the appeal must be equal to the number of persons involved in the process plus a copy for the court.

The difference between an objection and a revocation and a counterclaim

Despite the similar legal nature of these concepts, these two documents are different. The main criterion for delimitation is the scope of application: the objection is filed in accordance with civil proceedings; the review is provided in accordance with the arbitration process. There are no differences in the structure, order of presentation and purpose of the trial.

Both documents have different legal natures and therefore are not identical concepts. The main differences are as follows:

• a response to a claim, unlike a counterclaim, does not have an independent legal requirement;
• The procedure for filing a counterclaim has a more complex mechanism and requires payment of a state fee.

The plaintiff may send his explanations regarding the defendant’s objections received. The form of this document is not approved by government agencies, but the general rules for the execution of procedural acts are observed in relation to it. The plaintiff's use of such a participation tool confirms in writing its disagreement with the position expressed by the defendant. Such a document will be useful if the plaintiff disagrees with the decision and appeals it. During an appeal, the court considers all documents provided in the first instance.

Submission deadlines

According to Article 325 of the Code of Civil Procedure of the Russian Federation, the filing deadlines are set individually by the civil court of first instance. The corresponding notice is sent along with the appeal by registered mail.

The court determines the exact period that is sufficient to think over and transfer the necessary documents to the participants in the process. In most cases, the period does not exceed one month.

Similar deadlines and filing procedures are established for revocation in arbitration cases.

It is possible to submit an application after the expiration of the deadline - the court will accept the document and consider it without fail. However, such delays by default mean prolongation of the consideration of the case.

Procedural law allows participants in a trial to express disagreement directly at a court hearing.

Where to go

The bulk of cases under the Criminal Code of the Russian Federation are considered by the first instance authorities.
These include magistrates', district and city courts. If the prosecutor believes that the judge made an unlawful decision, he can file a complaint with higher courts. The document is sent to the city or district, as well as the court of the constituent entity of the Russian Federation, respectively. A new procedure has been introduced by which it is possible to appeal against acts adopted in regional courts. Previously, appeals against interim decisions were made to the specialized judicial panel of these bodies. The final decisions were appealed to the relevant collegium of the RF Armed Forces. The submission now goes to the court, which has jurisdiction to hear appeals.