Time limit for appealing a court decision in an administrative case. Appealing decisions in administrative cases. Protocol on offense

Appealing a district court decision, as a procedure, depends on what kind of decision needs to be challenged and in what procedural order it was made.

District courts are the first instance of courts of general jurisdiction and the court of appeal in relation to justices of the peace. They consider civil, administrative and criminal cases on their merits. Accordingly, to appeal a certain decision it will be necessary to apply the relevant procedural norms - the Civil Procedure Code, the Code of Administrative Offenses, the CAS and the Code of Criminal Procedure. Of no small importance, especially in civil proceedings, is the procedure for making a decision: simplified, special and absentee proceedings have their own specifics for challenging decisions made within the framework of such proceedings.

Civil process

In order to properly appeal a district court decision in a civil case, you must first determine in what proceedings the decision was made, and whether in this case there are specific features of appealing the decisions made.

District courts, depending on the category and specifics of civil cases, have the right to consider them in the following order:

Claim proceedings.
Absentee production.
Simplified production.
Special production.

For claims proceedings, the general procedure for appealing decisions made by district courts applies. It also applies to other types of production, but taking into account their specifics and, if established, according to special rules.

General scheme:

The first stage is an appeal (Chapter 39 of the Code of Civil Procedure).
The second and third stages are the first and second cassation (Chapter 41 of the Code of Civil Procedure).
The fourth stage is supervision (Chapter 41.1 of the Code of Civil Procedure).
If there are grounds (new, newly discovered circumstances), revision is allowed court decisions, which is not formally an appeal procedure, but is often used as such.

Absentee proceedings

Default decisions are decisions made in the absence of a defendant who did not want to appear in court or was unable to do so, but did not provide valid reasons for failure to appear in court. Such decisions are made very often and have some appeal features at the initial stages:

Within 7 days from the date of delivery of a copy of the decision, the defendant has the right to cancel it by filing a corresponding application with the district court that adopted the contested decision. The basis for canceling the decision and thus resuming proceedings in a civil case is a set of conditions:

the defendant did not appear in court for valid reasons;
the defendant did not have the opportunity to promptly inform the court about the existence of valid reasons for failure to appear;
the defendant has circumstances and their confirmation that can affect the course of the process and the decision-making, which is why, first of all, it is necessary to resume the proceedings.

If the opportunity to cancel the default judgment was not used by the defendant or his request was refused, then the default judgment is subject to appeal. Both the defendant and the plaintiff have the right to appeal. 1 month is allotted for this from the date of expiration of the defendant’s right to cancel the decision or from the date of the decision to refuse to resume proceedings.

Other procedures for appealing a decision in absentia - cassation, supervision, review based on newly discovered circumstances - are carried out according to general rules and have no specifics.

Simplified proceedings combine some features of the writ proceedings of magistrates, but are carried out, in general, according to the rules of claim proceedings, with a number of exceptions.

Decisions made in summary proceedings relate to claims of up to 100 thousand rubles for the recovery of money, for the recovery of property and for the recognition of property rights. Another category of cases are claims in which claims are based on documents about the monetary obligations of the defendants, recognized by the latter, but not executed, or on documents about debts under contracts.

Administrative cases, disputes affecting the rights of children, cases of special or writ proceedings, as well as those related to state secrets are not considered in a simplified manner.

The simplified procedure involves the court making a decision only in the form of its operative part. And only at the request of the participants in the process or when filing an appeal is the decision drawn up in full - a reasoned decision.

There are no special procedures for challenging decisions made in a simplified manner. But there are specifics to appealing. 15 days are allotted for this from the date of adoption of the appealed decision, and when drawing up a reasoned decision - the same amount, but from the date of adoption of the decision in its final form. You have 5 days to apply for a reasoned decision, and the court has the same amount of time to draw it up. These deadlines also need to be taken into account.

Cassation, supervision and review of cases based on newly discovered circumstances are carried out in general procedure and have no specificity regarding decisions made in simplified proceedings.

Special production

In special proceedings, only specific categories of cases are considered:

establishment of legal facts;
adoption;
recognition as missing or dead;
recognition as incompetent, partially capable, establishment of property restrictions in relation to minors;
emancipation;
restoration of rights to securities;
cases of ownerless property;
compulsory psychiatric examination and placement in a hospital;
appeal of notarial actions;
restoration of judicial proceedings;
making changes and corrections to the records of civil registry offices.

As such, there is no specificity in appealing decisions made within the framework of special proceedings. But, taking into account the peculiarities of certain categories of cases, the decision on them can be de facto revised if the circumstances that served as the basis for its adoption disappear. For example, a person deprived of legal capacity or limited in it can be fully restored to his rights. Decisions regarding recognition as dead or missing if a person was found or he himself showed up are subject to revision by submitting new demands to the court. However, most cases are appealed and reviewed in the general manner - appeal, cassation, supervision. And there are no specific actions here.

Before appealing a district court decision in an administrative case, you need to determine in what order it was made. Administrative cases are, in fact, two large categories of cases. Some (administrative offenses and everything connected with them) are considered according to the rules of the Code of Administrative Offenses of the Russian Federation. Others are considered according to the rules of the CAS of the Russian Federation. These include cases related to public administrative legal relations - in other words, everything related to challenging actions, inactions, decisions of authorities and officials.

Judicial decisions (rulings) on administrative offenses are challenged in a higher court - the court of the subject of the federation. The complaint must be filed within 10 days from the date of delivery/receipt of a copy of the appealed decision. In cases related to violations of electoral legislation and rights, the same period has been reduced to 5 days. The period for consideration of the complaint and case materials is 2 months from the date of receipt of the materials by the higher court. Some cases are considered on an expedited basis (for more details, see Article 30.5 of the Administrative Code).

The CAS RF provides for a slightly different procedure for appealing decisions of district courts. First, you need to determine whether there are any specific features of challenging decisions in certain categories of cases:

For many cases, taking into account their specifics, their own procedure is provided. And although in most cases there are no specifics for challenging decisions of district courts, one must still take into account the likelihood of exceptions to the general rules.
There are nuances of appealing decisions made within the framework of simplified (written) proceedings. The deadline for filing an appeal is 15 days.

General appeal scheme:

Appeal to a higher court. The general period is 1 month from the date of adoption of the appealed decision in final form. But there are many exceptions: firstly, you need to take into account the rules for determining deadlines established by Art. 298 CAS, secondly, in some cases, other articles of the CAS may also provide for periods that differ from the standard one month.
Cassation (Chapter 35 CAS).
Supervision (Chapter 36 CAS).
Revision based on newly discovered or new circumstances (Chapter 37 CAS).

In general, the procedure for appealing decisions of district courts is quite similar to the civil procedural procedure (CCP).

The Code of Administrative Proceedings established the procedure and terms for appealing decisions in cases of administrative offenses. This right will help restore violated rights if the district court in the first instance made an illegal decision. Let's 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 they apply general rules legal proceedings that grant such rights:

Participants in the administrative process;
Persons whose rights were violated by the decision;
Representatives under the 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. Commercial organizations, government officials, and representatives of public associations can also participate in the process.

Deadlines for appeal

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

A deadline missed for valid reasons can be restored. For example, if there was a long illness or caring for a sick dependent. To do this, it is necessary to draw up an application for extension of the appeal period, which describes the reason for the omission with written evidence attached.

The application can be submitted in person to the court where the disputed decision was made, or sent by registered mail with a list of the attachments. If the judge accepts the person’s arguments as justified, he will restore the period of appeal and accept the complaint against the court decision.

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

Introduction – information section, which indicates:

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

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

The emphasis must be placed on the illegality and lack of motivation of the arguments of the trial court, on the fact that the case was not considered comprehensively. Be sure to indicate the legal provisions confirming the violation of your rights and the judge’s error. 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 made 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.

Sample appeal in an administrative case:

An example of drawing up an appeal.

To the regional court __________

(court address with zip code)

from the plaintiff (full name, residential address, telephone number)

Defendant ______

Appeal

______(date) against me, an employee of the traffic police department ______(name) (full name of the inspector) drew up a protocol on an administrative offense dated ___ No.___ about exceeding the permissible speed limit. Based on the protocol, a decision was made and a fine of _ rubles was imposed.

The reason for initiating administrative proceedings was the recording of violations using special automatic photo and video recording devices. However, information about the violation was obtained in violation of the law and the procedure for collecting evidence.

Rules traffic contain warning signs 8.23 “Photo and video recording” and 3.24 “Restriction maximum speed", which must be installed at the place of operation of the automatic device. These signs were not on the road at the time the offense was recorded.

In accordance with Art. 26.8 of the Code of Administrative Offenses of the Russian Federation, readings from automatic devices for recording traffic violations can be used as evidence if they are obtained in compliance with the law. Thus, the protocol on administrative violation was drawn up illegally, since the testimony technical devices cannot be evidence in the case. The court of first instance did not conduct a comprehensive investigation and made an illegal decision to refuse to cancel the decision of the traffic police inspector (full name) dated ____ No.____.

Based on the above and in pursuance of Article 295 of the CAS, I ask:

1. Cancel the decision of the district court of first instance No. ___ dated ___.

2. Recognize the decision imposing a fine dated __ No.__ as illegal.

Results of the complaint consideration

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

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

Leave the complaint without action;
Return the application;
Satisfy the applicant's requirements;
Refuse to overturn the district court's decision.

If the judge finds errors in the complaint or considers the submitted set of documents to be incomplete, he will, within 5 calendar days after its filing, make a decision to leave the application without progress. It sets a deadline for eliminating the violations.

If the applicant does not correct the errors, the complaint is returned to him. Refunds also occur in other cases:

The appeal was not filed by the proper person;
The deadline for appeal has passed.

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

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

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Samples of complaints against a district court decision in an administrative case

ATTENTION!Look at the completed sample of an appeal against a district court decision in an administrative case:

You can DOWNLOAD samples of complaints against a district court decision in an administrative case using the links below:

How can you challenge a district court decision?

A court decision that falls under administrative proceedings can be challenged in the following ways:

through cassation;
through an appeal;
in a supervisory manner.

The court ruling takes effect 15 days from the date of the decision on summary proceedings. In case of difficult circumstances and other nuances, the period is increased to 1 month. During the allotted period, it is possible to file an application to appeal the decision.

Conditions for challenging a court decision include:

existence of a court ruling on an administrative claim;
formalization of the final decision in writing.

The law provides exceptions for the following cases:

re-examination of acts that led to the dissolution or dissolution of Government bodies;
challenging regional regulations on self-dissolution;
about placing a person who has foreign citizenship in a closed institution or sending him for compulsory psychiatric treatment to a specialized hospital.

If the deadline for challenging the court decision is violated, the applicant should insist on sending a petition to renew the opportunity to file an appeal or indicate the request in the relevant complaint.

Ignoring this requirement will result in untimely consideration of the complaint or rejection of the appeal.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues.

Who has the right to file a complaint

The following persons have the right to challenge a court decision in administrative proceedings:

the party acting as the accused;
a citizen who is involved in the case as a victim;
a legal entity to which the powers are delegated to protect the interests of the institution at a court hearing;
a subject who has been granted the right to represent the interests of a civilian;
representative of one of the parties;
a person acting as a defender;
a person charged by the President with the obligation to protect the rights of business entities.

The law provides for the presence of a representative individual who at the time of the trial has not reached the age of majority or is incompetent. The right to file a complaint is granted to a guardian, adoptive parent or parent based on documentary evidence of the right to represent the interests of the child.

An organization that, according to the contract, has the right to protect the interests of the specified person as a representative, can also challenge the decision. Educational institution may appeal if the decision affects the rights and interests of his student.

The law establishes the right to challenge the decision of a judicial authority for persons who are participants in the case under consideration, or whose interests were affected. If a verdict of obligations subsequently arises for a third party, it also has the right to file a complaint before the court ruling enters into force.

Otherwise the protest is rejected. The court has the right to refuse to consider a complaint if the decision of the primary instance does not affect the rights of a third party or his representative who has expressed an intention to challenge the decision

Appeal in administrative cases

It is possible to challenge a court decision by filing an appeal before the document enters into force. The term implies the finalization of a court decision in in writing and its receipt by the parties who are involved in the administrative case as participants.

For simplified proceedings, at least 15 days must pass before the verdict becomes legal; in other situations, the period is no more than a month. Within a specified period, the applicant has the right to appeal.

But the Code of Administrative Procedure establishes exceptions for the following situations:

appealing orders that led to the dissolution of regional bodies or the adoption of regulations on their self-dissolution;
challenging a decree placing a person who is a subject foreign country, to a closed institution or sending him for psychiatric treatment to a clinic.

In a situation where the deadline for filing a complaint has expired, the applicant must:

attach a request for renewal of the deadline to the appeal;
Add a clause directly to the complaint asking to restore the deadline.

If these requirements are ignored, the complaint will be rejected. The procedure for considering an accepted protest by the court is established by legal proceedings and provides for mandatory notification of the parties involved in the administrative case.

A court of federal and regional significance, region, district, or a judicial body of a military district considers an accepted complaint no longer than 60 days from the date of receipt. For the Supreme Judicial Collegium of the Russian Federation, the period for considering an appeal increases to 90 days.

Attention! The judicial dispute is carried out collegiately with the obligatory presence of a judge acting as the chairman. During an appeal, the court may add new evidence and materials to the case if they arose after the decision was made in the previous court, or the applicant documents the impossibility of providing them earlier.

Watch the video. Appealing decisions on administrative violations.

Appeal when challenging a court decision

Both the parties involved in the administrative case and other persons whose interests are affected by the court decision have the right to file an appeal.

An appeal in administrative proceedings is regulated by law and contains the following information:

personal data of the applicant;
full information about the participants in the case, details legal entity;
information about the court that previously considered the case;
the stated requirement of the complainant: to cancel the decision of the primary instance, change it in whole or in part, reconsider the case or make a new decision. The applicant must document his legal position, which allows him to appeal the court verdict.

The Code of Administrative Procedure contains grounds that contribute to the reversal of a court verdict. Before filing an appeal, it is recommended that you read them and choose the one that suits your situation.

The grounds upon which the decision of the primary court is overturned:

violation of the enshrined Constitutional rights of a citizen of the Russian Federation;
violation of international regulations that establish human rights;
violation of the interests and public rights of unidentified persons;
violations in the interpretation and application of law, etc.

All evidence and petitions in the case must be attached to the appeal. If the interests of the applicant are represented by another person, then the right to sign and represent is confirmed by a power of attorney certified by a notary.

Important! The number of copies of the appeal and the attached package of documents must correspond to the number of participants in the case. The appeal must be submitted in writing to the primary court, which forwards the document to a higher court.

The amount of state duty is small and is set in the following amounts:

for a citizen - 150 rubles;
for a legal entity - 3000.

Cassation appeal

Cassation allows you to challenge court decisions that at the time of appeal entered into force and were appealed. You can appeal a court decision in cassation within six months from the date of entry into force of the decision of the primary judicial body.

The applicant has the right to file a petition to restore the deadline, provided that the deadline was missed due to important circumstances that are documented.

In addition to interested parties in administrative proceedings and participants in the case, the right to file a complaint is granted to the prosecutor, subject to prior participation in the case.

Since the district court deals with cases, the cassation is sent to the Presidium of the judicial body. The exception is situations when the court does not satisfy the appeal, but the basis for the justification of the decision indicates other reasons that cause a protest from the applicant. In this case, you must contact the Supreme Court of the Russian Federation.

name and details of the judicial authority;
personal data of the applicant;
information about all persons involved in the case;
information about the court in which the case was previously heard;
decision of the primary court;
requirement: to cancel the decision of the primary instance, change it in whole or in part, reconsider the case or make a new decision. The applicant must document his legal position, which allows him to appeal the court verdict.

It is necessary to additionally attach copies of judicial acts that are received and certified in the court office. In the absence of these documents, the complaint will not be considered.

When applying, the same amount of state duty is paid as during an appeal. The Code of Administrative Procedure establishes month period for consideration of a cassation appeal in an unclaimed case. Otherwise, the period increases to 2 months.

The review periods for the Supreme Court are set separately - 2 and 3 months, respectively.

When the case is requested by the Chairman of the court, deputies and other officials on legal grounds or in complex legal proceedings, an extension of the period for consideration of the cassation appeal is allowed, but not more than 60 days.

How to file a complaint against a decision in an administrative case, or more correctly, in a case of an administrative offense, if you do not agree with the decision made? Who should I address it to? in what time frame? How to appeal if the decision has not entered into force?

By exercising your right to appeal decisions in administrative cases, we restore violated rights.
A complaint, as defined by law, is a request for the restoration or protection of violated rights, freedoms or legitimate interests, or the rights, freedoms or legitimate interests of other persons.
Appeal is one of the tools guarantees of compliance with the law. And let’s immediately make a reservation that the procedure for appealing a decision in an administrative case, or more precisely, a resolution in a case of an administrative offense, is complicated not only by the power resource, which we mentioned in the article about lawyers in administrative cases (ADC).
The main difficulty is the variety of options for bringing to administrative responsibility; accordingly, the law sets different deadlines for considering complaints, etc. This is more than a dozen pages in length, and ultimately can only cause confusion for a person who does not have a legal education. Therefore, in short, you need to go to an administrative lawyer, who will explain everything, based on the circumstances of your particular option for bringing you to administrative responsibility.

In this article, we will explain the skeleton of appealing a decision in an administrative case. So, “off the stove”: the case of an administrative offense ends with the issuance of an “indictment” decision in the case. A decision on an administrative case is made by an official, body or judge alone. In essence, this is a sanction decision that is of an authoritative nature, its execution is ensured by state coercion, and can be appealed in the order of subordination or in court. The right to choose the method of appealing a decision belongs to the person who disagrees with it.

About laws governing appeal procedures

The review of resolutions and decisions in cases of administrative offenses is regulated by Chapter 30 of the Code of Administrative Offences. Appeals against court decisions in administrative cases are regulated by the Code of Civil Procedure and the Arbitration Procedure Code of the Russian Federation (depending on the subject).
From September 15, 2015, the procedure for filing and considering appeals, cassation, and supervisory complaints will be carried out in accordance with the norms of the Code of Administrative Proceedings of the Russian Federation.

About the deadline for filing a complaint against the decision

A complaint against a decision in a case of an administrative offense may be filed within ten days from the date of delivery or receipt of a copy of the decision (meaning receipt of a copy by mail). According to part 3 of Art. 4.8 of the Code of Administrative Offenses of the Russian Federation, the period calculated in days expires on the last day of the established period. If the end of a period calculated in days falls on a non-working day, the last day of the period is considered to be the first working day following it. If the ten-day period is missed for valid reasons, then, at the request of the person filing the complaint, the period may be restored by a judge or official competent to consider the complaint. If the petition to restore the period for appealing the decision in the case of an administrative offense is rejected, a ruling is issued.

On the procedure for appealing decisions in administrative cases

A decision in a case of an administrative offense made by a judge can be appealed to a higher court, and made by an official - to a higher body, a higher official or to the district court at the place of consideration of the case. If consideration of the complaint does not fall within the competence of the judge or official by whom the decision in the case of an administrative offense is appealed, the complaint is sent for consideration according to jurisdiction within three days.

A complaint against a decision in a case of an administrative offense is not subject to state duty.

The complaint is considered by a judge or official alone.

The judge or higher official are not bound by the arguments of the complaint and check the case in full.

If you do not agree with the decision on your complaint, the law provides the right to appeal. A decision made by an official and (or) a decision of a higher official on a complaint against this decision can be appealed to the court at the place where the complaint was considered, and then to a higher court.

How can an administrative lawyer help?

Lawyers of the Moscow District Bar Association have experience in conducting administrative cases. Will provide professional legal assistance on issues
drawing up and filing a complaint against a decision in a case of an administrative offense that has not entered into legal force,
on the restoration of the appeal period, taking into account the individual circumstances of the event and the administrative proceedings,
will help with appeal, cassation and supervisory appeals,
other issues related to appealing a decision in a case of an administrative offense,
will competently represent your interests in courts of various instances.

A number of persons can file a complaint against an unlawful action or decision of an official in administrative proceedings, including: the offender, persons whose rights were violated as a result of the offense, their defenders and representatives from the organization, or minors.

If a citizen has the slightest doubt that he was brought to justice illegally, or procedural measures were applied that went beyond what was permitted, then it is necessary to use remedies and resort to an appeal.

There are also frequent cases of imposition of penalties by mistake or without taking into account the circumstances of the case, which can mitigate or completely exempt from liability.

In this article:

Deadlines for appealing decisions of officials

The law clearly stipulates the time limits for appealing a decision (resolution) in a case of an administrative offense. You have 10 days to file an appeal against the decision.

At the same time, it is important to know that this period begins for a citizen not from the moment the decision was made by an official, but from the moment when the citizen had this decision or a copy in his hands.

If the resolution was sent by mail, then from the day of receipt at the citizen’s place of residence, about which a receipt stamp is placed at the post office. An exception to this period is the appeal of offenses encroaching on the rights of citizens arising from Chapter 5 of the Code of Administrative Offences. In this case, the period for appeal is 15 days.

A citizen has the opportunity to restore the period for appealing a decision in an administrative case if there are good reasons for this. Also, the refusal of a request to restore the deadline can be appealed to a higher authority.

The procedure for a citizen to appeal a decision in a case

If you decide to exercise your right to appeal, you need to know where to file your complaint. Firstly, there is always a rule of appeal to a higher authority, for example, you can appeal to the traffic police department against the actions of a traffic police officer, or to a district or city court against a decision of a magistrate.

If the complaint is sent by you through the body that made the decision, then the obligation is established for this body to transfer the complaint and all materials to a higher authority within three days. This is a very convenient way for a citizen, since not everyone understands and knows the structure and system of executive authorities and administrative jurisdiction bodies.

When appealing a decision in the course of which a decree of arrest or deportation was issued, the complaint must be considered on the day of its application by the citizen.

The state exempts the citizen from paying the state fee for filing a complaint.

Final decision on a citizen’s complaint against the decision in the case

As a result of an appeal, several decisions may be made:

A positive decision for a citizen, in which the decision to impose a punishment is canceled as a result of clarification of the circumstances of its illegality
Negative decision, when the decision remains without change or revision
Making a decision to review and amend a previously made decision, while the guilt of the offender in this case is not increased, but revised in his favor, for example, changing the amount of the fine to a lesser one within the scope of the offense
Making a decision of a higher authority, during which the decision is subject to cancellation, and the proceedings are resumed again, if gross errors in its conduct are discovered, for example, the decision was made by an unauthorized person

In any case, if there are violations during the conduct of the proceedings, a higher authority will be able to identify and give a different course to the case.