Appeal in an administrative case sample. Appeal against the decision of the justice of the peace in an administrative case sample

To the Moscow City Court
107076, Moscow, Bogorodsky Val, 8

Through the Babushkinsky District Court of Moscow
129327, st. Lenskaya, d.2/21

Applicant: Apolyan Vachagan Serezhaevich
Passport KN 0528319
Registered at: Republic of Armenia,
Shirak region, with. Asushavan, st. 45, d.87.
Registered in the Russian Federation at:
Moscow, st. Bashilovskaya, house 47,

Defender: Rimov Yury Alimbegovich
Moscow, Northern Boulevard, 32, apt. 1036
tel. ____________________________

Interested party:
Department of the Federal Migration Service of Russia for Moscow
115035, Moscow, st. B. Ordynka, 16/4, building 4
Case No. 5-91273/2014

Administrative appeal

25.04.2014 in relation to the Applicant, the Babushkinsky District Court of Moscow issued a Resolution on bringing him to administrative responsibility under Part 2 of Article 18.10 of the Code of Administrative Offenses of the Russian Federation, and imposed a fine of 5,000 rubles. with administrative expulsion from the Russian Federation. The Applicant does not agree with this Ruling of the Court, he believes that the Court incorrectly determined the factual circumstances of the case, and also committed violations of substantive and procedural law.

The arguments of the Complaint are summarized as follows:

1) An acquaintance of the Applicant, Marvin Karapetyan, promised to introduce him to a construction worker who could help him obtain a work permit and find a job. When the applicant arrived at the indicated address, Karapetyan had not yet arrived. Near the fenced area of ​​the facility there were about 15 people who probably also arrived for employment. Some time after the applicant arrived at 113-115, Yaroslavskoe shosse, Moscow, to meet with Karapetyan and was waiting, people in plain clothes appeared near the construction site, shouting loudly and waving their arms. They forced the Applicant to wear a uniform vest and took photographs. The purpose of their actions was incomprehensible to him, however, they behaved threateningly. After the applicant and other detainees had been photographed, they were put into a car and taken to the police station. The Applicant was not allowed to write explanations in his own hand, but was offered to sign the printed Explanations, indicating the appropriate fields for signature. Under pressure from the FMS staff, the Applicant was forced to sign the Explanations, in fact, without being familiar with their content.

It was only after the trial that the Applicant found out that he had allegedly been working at Tekhnodvor LLC for several days and had to earn 1,000 (thousand) rubles a day. But he did not receive any money and did not agree on their receipt, he did not start work. The applicant also did not understand that he could ask for the services of a Counsel and an Interpreter. No schedule was agreed upon.

The failure of officials of the administrative body to comply with the requirements of the Code of Administrative Offenses of the Russian Federation, which ensure the creation of proper procedural conditions for a fair trial of the case, resulted in a violation of the Applicant's procedural rights and did not allow the full establishment of the factual circumstances of the case.

2) It appears that the court of first instance erroneously saw signs of labor activity in the actions of the Applicant.

Meanwhile, the Court of First Instance did not establish:

• Whether the Applicant was allowed to work because there are no labor and civil law contracts in the case file, there are no indications of the alleged Employer;
• By whom exactly the Applicant was admitted - by what legal entity or its representative.
• There is no information about whether the alleged employer knew about this, whether he gave appropriate instructions to his representative.

There is no other evidence of an administrative offense in the actions of the Applicant, except for the Explanations of the Applicant himself, printed for him by the employees of the FMS and signed by him under pressure from the employees of the FMS, in the case file.

The photo table, where the Applicant is photographed in a vest similar to a uniform, cannot be evidence, because it does not give an idea of ​​what exactly he is doing, in what period of time and in what territory. In addition, the Applicant claims that he had to wear the vest under the influence of threats from the FMS officers.

The record of an administrative offense was drawn up without the participation of attesting witnesses and was also signed by the Applicant under the influence of threats.

Thus, there is no evidence other than the testimony of the Applicant himself (the Explanation and Protocol) in the file. The Applicant refuses these testimonies because they were obtained from him under pressure and in violation of procedural norms.

Etc...

The full form of a standard form and a sample of an appeal in an administrative case can be downloaded from the form attached to the page.

The Code of Administrative Procedure fixed the procedure and terms for appealing against decisions in cases of administrative offenses. This right will help to restore the violated rights if the district court in the first instance made an illegal decision. Consider the structure and sample of an appeal in an administrative case.

The law does not establish the circle of persons who can file an appeal in an administrative case. Therefore, the general rules of procedure apply, which give such a right:

• participants in the administrative process;
• Persons whose rights have been violated by the decision;
• Representatives by law who defend the rights of wards in court.

These can be both citizens of the Russian Federation and foreigners, refugees, persons with dual citizenship. Also, commercial organizations, officials of state bodies, representatives of public associations can participate in the process.

Time limit for appeal

It may be filed within 30 calendar days after its adoption at the court session. The law also provides for exceptional cases, when the total period for protesting is reduced to 10 or 5 days. They are regulated by Art. 298 CAS RF.

The deadline missed for good reasons can be restored. For example, if there was a prolonged illness or if a sick dependent was being cared for. To do this, it is necessary to draw up an application for an extension of the appeal period, which describes the reason for the absence, accompanied by written evidence.

The application can be submitted personally to the court where the contested decision was made, or sent by registered mail with a description of the attachment. If the judge accepts the person's arguments as justified, he will restore the term for appeal and accept the complaint against the court decision.

An appeal in an administrative case must be drawn up in compliance with the formal requirements. It should not contain corrections, offensive expressions, emotional epithets. This is an official document with a clear structure: introduction, content, conclusion.

Introduction - information section, which indicates:

• the name of the court where the complaint is filed;
• the procedural status and data of the applicant, including place of residence and contact telephone number;
• information about other participants in the process.

• a description of the case in which the contested decision was made;
• the reasons for the appeal and the violations committed by the judge;
• the requirements of the applicant, which he wants to achieve.

Emphasis should be placed on the illegality and lack of motivation of the arguments of the court of first instance, on the fact that the case was not considered comprehensively. Be sure to indicate the legal norms confirming the violation of your rights and the mistake of the judge. List the circumstances that were not taken into account during the last meeting.

The final part is a list of attached documents on which the complaint is based.

The appeal is drawn up in two copies and submitted to the same court that issued the decision or to a higher authority. This can also be done through the official website of the court by filling out a special form. Then additional documents must be scanned and attached as electronic files.

Administrative appeal template:

An example of an appeal.

Complaint outcomes

As a general rule, it is considered within two calendar months, with the exception of the consideration of the case by the Supreme Court of the Russian Federation - then the period will be 3 months. Article 305 of the CAS RF also establishes special deadlines for specific categories of cases.

The judge of the appellate instance, after considering the circumstances of the case, makes one of the following decisions:

• Leave the complaint without movement;
• return the application;
• Satisfy the requirements of the applicant;
• Refuse to set aside the district court's decision.

If the judge finds errors in the complaint or considers the submitted set of documents to be incomplete, he, within 5 calendar days after its submission, issues a ruling on leaving the application without movement. It sets a deadline for the elimination of violations.

If the applicant has not corrected the errors, the complaint is returned to him. Returns occur in other cases:

• The appeal was filed by the wrong person;
• The deadline for appeal has passed.

Before the court makes a decision, the applicant may withdraw the filed appeal without giving reasons by drawing up a written refusal.

Based on the results of consideration of the complaint, a panel of 3 judges decides to cancel or change the decision of the court of first instance, or refuses to satisfy the applicant's claims. The appeal ruling can be challenged in the cassation instance.

The content of the appeal under the CAS RF

• the name of the judicial body to which the AJ is sent;
• the name of the legal entity handling the AJ, its legal address or full name and place of registration of the individual;
• details of the appealed court decision;
• the grounds on which the person filing the complaint considers the court decision to be incorrect;
• requirements of the person who applied with AF;
• list of attached documents.

In addition to documents confirming the circumstances referred to by the applicant, annexes to the AJ can be:

• A document certifying the payment of the state fee, if the applicant does not belong to preferential categories.
• Copies of the AJ according to the number of participants in the process in the event that they were not sent to them by the applicant by mail. It should be borne in mind that applicants with state or public powers must send copies of the complaint by mail without fail (clause 6 of article 299 of the CAS RF).
• Power of Attorney, if the complaint was signed by a representative.

You can download the Administrative Complaint Form here: Sample of an appeal under the CAS of the Russian Federation.

Deadline for filing an appeal

Art. 298 of the CAS RF contains the following deadlines for filing an appeal in an administrative case:

1. The general term is 1 month from the moment when the appealed decision was made.
2. 10-day time limit for contestation cases:
   • the law of the subject of Russia on the dissolution of the regional parliament;
   • decisions of the governor to remove the head of the municipality from office;
   • decisions of the local parliament on self-dissolution;
   • decisions of the local parliament to dismiss the head of the municipality.
   • court decisions in a case on the placement of a foreign citizen who is subject to deportation in a special institution;
   • a court decision in a case on administrative supervision;
   • a court decision in a case on compulsory referral to a psychiatric hospital for treatment, extension of the period of stay in it;
   • a court decision on compulsory referral for treatment to an anti-tuberculosis medical organization.
3. 5-day appeal period:
   • normative acts of election commissions;
   • a legal act that was adopted on the rights of citizens to participate in elections or a referendum related to this campaign;
   • court cases on the protection of the rights of citizens to participate in a referendum or elections.

Deadlines for considering an appeal

Art. 305 of the CAS of the Russian Federation contains both general and special terms for considering an appeal in an administrative case.

The general terms are:

• 2 months - for the supreme courts of the republics, regional, regional courts;
• 3 months - for the Supreme Court of the Russian Federation.

The special terms are:

• 2 months when contesting the results of elections, the results of a referendum;
• 1 month in cases of administrative supervision or forced referral of a citizen for treatment to a medical organization providing psychiatric or anti-tuberculosis care;
• 10 days for court cases on the dissolution or self-dissolution of parliament, dismissal of the governor;
• 5 days for cases on the protection of the rights of citizens to participate in elections or a referendum;
• the day preceding the day of the demonstration, picketing, etc., when challenging the decisions of state authorities on coordinating the place and time of these events.

Thus, the content of the AJ filed under the CAS RF does not differ significantly from the content of complaints filed in accordance with the rules of other procedural codes. Particular attention should be paid to the deadlines set for appealing and considering complaints, since there are many special deadlines.

from 31/12/2018

In case of disagreement with the results or procedure for the consideration of the case, the participants in the case file an appeal against the court decision. This is the first stage of the appeal. Without which all others simply will not take place.

Let us make a reservation right away that the examples of courts given in the article and the procedure for filing a complaint are valid until 2019. Indeed, on July 30, 2018, amendments to the Law on the Establishment of Courts of Appeal and Cassation of General Jurisdiction came into force. Due to the need to resolve personnel issues, the law will “work” in full no later than October 2019.

As long as everything stays the same. All judgments rendered in the first instance are subject to appeal. The general term for filing an appeal is 1 month from the date of production of a reasoned decision.

The appeal is drawn up in the form regulated by law and in compliance with the requirements for its content. The procedure for filing a lawsuit has also been established. Without compliance with the requirement, the court will not begin consideration of the complaint. Therefore, to draw up a document, use the provided sample and read the recommendations of lawyers.

Example of an appeal

To the Moscow Regional Court

Dolgoprudny, st. Maiskaya, house 6, apt. 6,

tel. 89000000006

address: 141700, Moscow region,

Dolgoprudny, st. June, house 6, apt. 8,

tel. 89000000008

APPEALS AGAINST THE DECISION OF THE COURT

dated May 15, 2019 in civil case No. 2-1254/2019

On May 15, 2019, the Dolgoprudnensky City Court of the Moscow Region issued a judgment in civil case No. 2-1254/2019 on the claim of Konstantinov I.O. to Egorov S.A. about reclamation of property from someone else's illegal possession.

Court decision requirements Konstantinova AND.Oh. satisfied. Purchase and sale transaction between Konstantinov AND.Oh. and Egorov S.A. declared invalid, the disputed property was claimed in favor of the plaintiff. Ownership of Egorova S.A. the property has been terminated.

I do not agree with the decision of the court, I consider it illegal and unreasonable for the following reasons. The court incorrectly determined the circumstances relevant to the case. The court concluded that the parties entered into a contract of pledge of property. And the sale and purchase transaction was essentially feigned. However, the pledge agreement has nothing to do with this dispute, it is an independent transaction.

The conclusions of the court that the property became the property of the defendant do not correspond to the circumstances of the case. In fact, the disputed property is in the possession and use of a third party O.Yu. Petrova, with whom the transaction was actually completed. The court incorrectly applied the norms of substantive law, namely Articles 182, 971 of the Civil Code of the Russian Federation. A representative by proxy does not acquire property under a transaction concluded by him on behalf of another person into his own property.

The case was considered in an illegal composition, since it was accepted by the Dolgoprudnensky city court in violation of the rules. In fact, the price of the claim is 30,000 rubles. (the value of the disputed property), so the claim must be considered by the justice of the peace at the place of residence of the defendant.

The case was considered in the absence, which was not notified of the time and place of the court session, there is no information about this in the case file. In addition, there is no date from 10/15/2015 in the case file.

The committed significant violations of the norms of substantive and procedural law, the incorrect definition of significant circumstances, the inconsistency of the conclusions with the actual circumstances do not allow the court decision to be recognized as lawful and justified. The decision is subject to cancellation on the grounds listed in Article 330 of the Code of Civil Procedure of the Russian Federation.

Guided by articles 320-322, 328, 330,

Cancel the decision of the Dolgoprudnensky City Court of the Moscow Region dated May 15, 2019 in a civil case against Konstantinov AND.Oh. to Egorov S.A. on the recognition of the sale and purchase transaction as invalid, the recovery of property from someone else's illegal possession.

Take a new decision in the case, which in satisfaction of claims Konstantinov AND.Oh. refuse in full.

Appendix:

Copies of the appeal - 2 copies.

Date 06.06.2018 Signature Egorov

The document is drawn up in writing. Even if sent through electronic services (now this option is available in almost every court).

In the “header” of the complaint, the applicant indicates the court that will consider the case. An appeal against the decisions of justices of the peace is considered by a higher district court. The decision of the district court, adopted at first instance, is considered for legality by a higher court of the constituent entity of the Russian Federation.

The person filing the complaint must write in full his last name, first name and patronymic, as well as the place where he lives at the time of the preparation and submission of the document. The text must indicate the full details of the court decision that is being appealed, namely: the name of the court that made the decision, the case number, the name of the plaintiff and the defendant, the essence of the claims. This data can be copied from the complained.

The appeal must necessarily contain requirements - this is what is written after the word “please”. Such requirements may be: cancellation of the court decision in whole or in part with the adoption of a new decision, with the termination of the proceedings or with the application left without consideration.

The complaint must indicate the grounds for canceling the decision. The list of grounds is established by Article 330 of the Code of Civil Procedure of the Russian Federation. Take it as a basis, applying it to a specific court decision and your situation.

At the end, a list of attached documents must be given, the complaint must be signed by the person filing it with his own hand, and the date of filing with the court is indicated.

Features of the appeal against the decision of the court

Both court decisions and rulings are appealed on appeal. For definitions, a special procedure is provided, while submitting.

Filing an appeal

An appeal is filed with the court that issued the contested decision. You do not need to send documents to a higher court yourself.

When filing an appeal, personally mark the acceptance of documents by the office worker on your copy of the complaint, which you prudently take with you to court. If the complaint is sent to the court by mail, do so by certified mail with acknowledgment of receipt. Then it will be known when the documents were received by the court.

A prerequisite is the attachment of copies of the complaint according to the number of persons participating in the case. The appeal is paid by the state fee, the original receipt is also attached. You do not need to attach documents that are already in the file. In the appellate instance, the entire civil case will be investigated.

The progress of the appeal should be monitored. If the complaint is left without movement, it is necessary to obtain a copy of the court ruling in a timely manner and make the necessary amendments within the prescribed period. When returning the appeal, the court also issues a ruling in which it indicates the reasons for such a procedural action.

Acceptance and consideration of a complaint

The court of first instance, after receiving the appeal, decides whether it is possible to accept the complaint. Checks that there are no grounds for leaving without movement or returning documents. If the appeal is accepted, the judge puts a mark on the complaint itself, which is then filed into the file.

After that, copies of the documents are sent to the persons participating in the case. After the expiration of the period for appeal, the materials of the civil case are sent to the court of appeal.

The court of appeal shall notify the persons participating in the case of the time and place of the trial. The case is considered according to the rules of the first instance, ends with the issuance of an appeal ruling. From the moment of issuing such a ruling, the court decision, if it is not canceled, is considered to have entered into force. If the decision is reversed, the appeal decision resolves the case on the merits, it acquires the force of the decision.

The appeal ruling can be appealed to a higher authority by filing.

What is the difference between an appeal against a decision of a justice of the peace

An appeal against a decision of a justice of the peace is no different from an appeal against a decision of a district court. Such a complaint is filed through a justice of the peace, but is addressed to the district court. An appeal against a decision of a justice of the peace is considered according to the general rules of appeal proceedings.

It should be borne in mind that justices of the peace have the right not to draw up a complete decision without a statement from the persons participating in the case. Therefore, within 3 days from the date of the announcement of the operative part of the decision by the justice of the peace, it is necessary to submit an application for drawing up a reasoned decision.

Based on the results of consideration of an appeal against a court decision, the district court issues an appeal ruling, which can only be appealed to the cassation instance.

Clarifying questions on the topic

Ronald

• Lawyer

Victor

• Nikita Alexandrovich

Ludmila

• Nikita Alexandrovich

Michael

• Nikita Alexandrovich

Nina

• Nikita Alexandrovich

Tatyana

• legal adviser

Tatyana

• legal adviser

Kozovaya Natalya

• legal adviser

The form of the document “Sample appeal against the decision of the justice of the peace in an administrative case” refers to the heading “Appeal”. Save the link to the document on social networks or download it to your computer.

To court
G. ________________________________

from ________________________________
___________________________________
The address: ____________________________

APPEALS
to the decision of the magistrate
(in the case of an administrative offense)

By the decision of the justice of the peace __________ court district of _________
___________________________________ from "___" ___________ ____ in relation to
(full name of justice of the peace)

A decision was made on ____________________________________.
The applicant does not agree with the decision of the justice of the peace _________________
partially/fully on the following grounds: _______________________________
__________________________________________________________________________.
(grounds on which the complainant does not comply with
with the issued resolution, with references to laws and other legal acts)

In connection with the foregoing and in accordance with ___________________________
(indicate articles of normative acts,

And also with articles 30.1, 30.7 of the Code of Administrative Offenses of the Russian Federation
on which the applicant bases
your requirements)

1. Cancel (change) the decision of the justice of the peace of ___________ district
d. _______________ __________________ with respect to ____________________.
2. ______________________________ (for example, terminate the proceedings on
this case).

Applications:
1. Copy of the appeal.
2. Receipt of payment of the state fee.
3. A copy of the decision of the justice of the peace __________ district of the city of ___________
from "___" ____________ _____
4. Power of attorney of the representative (if the statement of claim is signed
representative).

Applicant
(representative of the applicant) _______________________
(signature)
"___"___________ ____ G.

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