Advocacy and notary office. Conditions for the participation of a lawyer in appealing decisions in civil cases (the most important)

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Advocacy and notary office. Conditions for the participation of a lawyer in appealing decisions in civil cases (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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17. Conditions for the participation of a lawyer in an appeal against decisions in civil cases

The decision rendered by the justice of the peace may be appealed on appeal by the parties and other persons participating in the case to the relevant district court through the justice of the peace within 10 days.

The basis for filing an appeal is a violation or incorrect application by the justice of the peace of the norms of substantive and procedural law in the administration of justice in civil cases.

Features of the appeal proceedings are that the court of appeal, considering the case according to the rules of proceedings in the court of first instance, has the right to establish new facts and examine new evidence (Article 327 of the Code of Civil Procedure of the Russian Federation).

On the decisions of other courts, taken at first instance, the parties and other persons participating in the case may file cassation appeals, with the exception of decisions of justices of the peace, within 10 days from the date of the relevant decision.

At the end of the consideration of the case in the court of first instance, the attorney-representative must prevent the entry into force of illegal and unreasonable decisions and rulings in civil cases. He is obliged to contribute to the restoration of violated or disputed rights, freedoms and legitimate interests of citizens and thereby strengthen the rule of law and the rule of law, the formation of a respectful attitude towards law and court.

Such activities of a representative lawyer will determine the content, direction and nature of the requirements set forth subsequently in the complaint.

Based on the actual circumstances and materials of the case, substantive and procedural laws, in accordance with internal conviction and legal consciousness, the complaint assesses the court decision as an act of justice, expresses an opinion about its legality and validity.

The demands of a person addressed to the cassation instance must be clear and precise, motivated and legal.

A court decision that has entered into legal force, with the exception of court decisions of the Presidium of the Supreme Court of the Russian Federation, is filed a complaint addressed to the relevant official in the supervisory proceedings.

Grounds for filing a complaint in the order of supervision is a violation or incorrect application of the norms of substantive and procedural law (Articles 363, 364 of the Code of Civil Procedure of the Russian Federation).

Content of the complaint must comply with Art. 378 Code of Civil Procedure of the Russian Federation and clearly indicate what kind of violation was committed by the courts that previously considered the case; how it affected the court decision, which entered into force; a statement of the applicant's request.

The professionalism and qualifications of a representative lawyer largely contribute to the proper preparation of appeals, cassation and supervisory complaints and to strengthening the authority of a lawyer corporation providing legal assistance.

Authors: Nevskaya M.A., Shalagina M.A.

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