CASSATION AND APPEAL PRODUCTION

Not always the sentence or a judgment suit the dispute parties. In case our client isn't agrees with the decision which has been taken out by court on its business, specialists of the Legal center «Judicial dispute» prepare documents on the appeal and to a course there are such legal tools, as the appeal complaint and the appeal. What is it?

The appeal complaint – the special statement to superior court in which the Claimant or the Respondent in business will appeal against sentence or the judgment which has not entered validity. In the domestic legislation there are different terms for preparation of such procedural document as the appeal complaint, counting goes after adjudication in a full look. So the decision of the world judge and the decision of arbitration court can be protested within 1 month. On cases of administrative offenses - about attraction to administrative responsibility and about contest of decisions of administrative bodies about attraction to administrative responsibility the Code established the reduced, ten-day term after which the decision of arbitration court enters validity. Taking into account it the appeal complaint to decisions on these affairs can be submitted within ten days.

In criminal, arbitration and civil trial different appeal instances operate. Correctly to define, in what court and in what order it is necessary to appeal, it is necessary to know thoroughly procedural standard and legal base (Civil and procedural, Arbitration and procedural and Criminal and procedural codes), and also norms of a substantive law (criminal, civil, administrative, labor, family etc.). That is why we urgently recommend to resort to the help of professionals, in only case when your appeal complaint will be issued properly, directed to destination and will conceive expected action.

In court of appeal instance business in fact assort anew, study documents available in it, but it is impossible to attach new papers unless good reasons prevented to make it for the first time. As a result the court should estimate, and lawful the passed decision was how reasonable.

The appeal – the procedural document in which one of cторон on business will appeal against the judgment of the second instance which has entered validity. Also the appeal on civil, on criminal cases and the arbitration appeal is allocated.

The such document it is necessary to bring an action, passed the decision that he sent it in the appropriate judicial authority, but it is possible and to complain directly in cassation instance. We will help you to issue the complaint properly, we will consider all possible nuances and subtleties. The main thing in what the appeal differs from the appeal - in it it is possible to demand to check legality of the decision, but anything besides. That is the court of cassation instance should pay attention – whether rules of law were correctly picked up and applied by an adjudication in court of the first instance.