What does a 3-day hold mean? What is hold time in CPA. Civil Procedure Code - procedure for filing a private complaint: form, deadline and subjects of appeal

Exactly, there are such restrictions. But when I started sending them traffic to the TO offer all over Russia, one lead got stuck in the hold, I started a long correspondence with them. As a result, they gave me 500 rubles on WebMoney, plus they paid for the lead. So the guys work honestly.

Hello, well, keep lying. Firstly, they never pay compensation on WebMoney, and secondly, if leads get stuck, they don’t pay compensation, because there were no losses. I've been with them since their birth, of course they have their advantages

I'll start with them.
+New offers are added frequently
+Fast support service, which cannot be said about their office employees; everything that passes through the office gets stuck for at least a day
+You can cheat (they approved the withdrawal of 3k rubles, but the offer was closed after that)
+Sometimes, I’ll say right away sometimes, only in Clash of Kings MT is allowed, but look at the cons and the desire to pour there will disappear.
+Relatively new CPA, every webmaster is willing to do anything for them, good attitude
+There is a bonus system where you can win extra money for leads

Now there are more cons
-Few offers, I would say very
-Very slow office employees, if you have a request through the office, you can leave for a week, when you come back, write to them, they will answer that you have to wait another day
-Support writes in tickets that they will give an answer, in reality they give an answer only after a reminder that it’s time to give an answer
-Hold, for those who work with them for a long time, of course there are fast offers (where the hold is 1 day), but to gain access to them you need 3 payments from the system, confirmation of the quality of traffic, besides there are few fast offers, basically all offers have a large hold.
- INCREDIBLE FAILURE RATE
- JUST AN INCREDIBLE FAILURE PERCENTAGE, for the same reason Clash of Kings takes 15% of all launches, in response they say they have an Android version lower than 2.4
- - - - - For all other offers, either the employees or the advertisements are shaving, rejecting everything in a row, I pour on them from direct and target, everything is clear for me, but without this I would have merged long ago, because they reject everything, for example on gaming offers (there are very few of them), you can simply be banned, disconnected from the offer, all leads merged into rejected, only after 2 days of disputes with support, granting access to the agent’s account with statistics and other things, you are unbanned. There’s no need to even talk about the comrades, many of the comrades are stupid one-pagers, where the call center is lazy fat-assed blacks who all they do is eat hamburgers, and the customers will wait. I don’t understand how such offers are moderated. Perhaps this point is their most massive minus, so there are three minuses at once.
- The description says that they help beginners, but in fact, to access offers you need “Karma”, which is not so easy for beginners to obtain
- Provide access to offers after all traffic sources have been provided. coincidence of the phases of the moon, when the crayfish on the mountain whistles, but never when it is written in the rules
The system has more minuses than pluses, it’s easy to see for yourself, the “Revizofraud” program does not recommend that beginners get into this swamp, but I can advise experienced arbitrators, because the system is new, it doesn’t understand what it’s doing, we hope that it will grow together with us her.

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Hold (English Hold - retention, delay) is the concept of delay in accrual, transfer, or sending of a payment, accepted among affiliate programs and various financial services on the Internet.

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The main function of this measure is to ensure the security of both payers and recipients when making transfers and payments on the Internet.

Where is hold used?

The hold system is used in many affiliate programs, bookmakers, forex brokers, offices, as well as in systems that operate with monetary assets. In many services, various types of holds are established by internal rules.

Below are examples of what a hold is on an exchange, in a bank, or in an affiliate program.

The areas in which this concept is applied are quite diverse and are not limited to one specific industry:

• Forex brokers and stock agents. To trade on the Forex exchange, you just need to top up your account with one of the brokers, after which all trading operations will become available. Hold on the exchange is the retention of funds in a frozen state after receipt for a certain time. Some trading platforms limit the potential for fraud by setting a hold of 3 days from the moment funds are credited. Thus, if the payment was made from someone else’s card or wallet, and the owner discovered a transaction that he did not make and contacted the bank, then the funds will be returned to the card. As a rule, when the same replenishment method is used again, the hold is no longer there, since the system regards the replenishment method as proven.
• Partnership programs. In this way, PP owners are protected from unscrupulous partners or poor performance of obligations. For example, cost-per-action (CPA) affiliate programs set a hold on withdrawals for a certain period in order to confirm the quality of the services provided by the partner. If there are no complaints, then the partner is paid a reward.
• Internet banking. The system of holding funds is imposed by the security service in case of suspicious movements of funds in the account or unusual transactions. Many users sometimes do not know what a hold is from the moment of enrollment until they themselves encounter it, having come to the attention of the bank’s security service for some reason. In this case, the security service of the banking system is reinsured against possible fraud. As a rule, the hold on funds is quickly removed by calling security or visiting a bank branch. There is nothing wrong with this, and if there is communication, you can quickly resolve the issue of lifting the restriction.

This is an incomplete, but basic list of options where you may encounter this procedure.

What is hold used for?

The system of measures to impose withholding of funds is aimed at the safety of the movement of funds and the prevention of fraudulent or criminal activities. Since banking operations and transactions have their own specifics, this algorithm allows you to roll back an action in case of its unauthorized use. That is, return the funds to the rightful owner. With the current wave of carding and theft operations, money laundering in the most sophisticated ways, this is a necessary precaution to help protect both the owner of the funds and the processing center (the structure that processes payments).

If we do not concern the financial sphere, then a hold can be used when changing data in an account, while being a restriction on certain actions.

Sometimes there are fraudulent schemes on the part of organizations that impose a hold. As a rule, these actions are aimed at delaying the process of paying remuneration to the partner.

If a person has the habit of monitoring transactions with his card account (it is more convenient to do this in Internet banking), then he probably drew his attention to the fact that after paying by card, the corresponding amount is not debited from the account, but one or more days is reserved ( frozen) by the bank. Moreover, the amount of available balance on the card decreases exactly by the frozen amount. Such a temporarily blocked amount is called “bank card hold” in banking terminology, and the operation of reserving it is called holding. In this article we will explain in simple terms what holding is and how long it takes before the hold is completely removed. We will also look at some of the nuances that arise during this banking operation.

Holding a bank card (holding). What it is?

Card hold (from the English verb to hold, literally translated meaning “to hold” or “to hold”) is a temporary reservation of the transaction amount on the client’s card account until the transaction is confirmed or not confirmed within the time frame established by the bank.

In professional language, such an operation is called holding, and among common synonyms of this term are: reservation, freezing, reservation, blocking, etc. It would be more correct if you use each of these synonyms together with the initial word: temporary. You can call this process whatever you like, but the essence does not change.

The vast majority of cardholders believe (or don’t think about it at all) that after they paid with a card in a store through , the money was immediately debited from their card account. In reality, the fact of payment is only the beginning of many operations (checks), which are collectively called. It involves the acquiring bank serving the retail outlet (it owns the POS terminal), the issuing bank that issued the card, and the most important intermediate link - the international payment system (IPS), which connects the above-mentioned banks into one “chain”. From the above link you can see in detail all the main operations that take place during a transaction.

It is thanks to the MPS that a person can pay using his plastic card anywhere in the world, the main thing is that the equipment in the store works with the MPS of your card. The most famous of the IPS: Visa and MasterCard. The final result of all these operations is also called authorization - obtaining permission from the issuing bank to pay by card. As soon as permission from the issuer is received, payment occurs and at the same time the transaction amount is reserved on your card.

Why is this amount not written off immediately? It's all about the algorithm of interaction between all banks participating in the transaction and the payment system. As a rule, information on all card payments in a trade and service enterprise (TSE) at the end of the working day is sent to the acquiring bank, and based on the information received, the acquirer generates so-called clearing files (files for write-off - financial confirmation of transactions performed), which, through the payment system is received by the issuing bank. And only after this the issuer writes off money from the accounts, i.e. the existence of the hold ceases.

If financial confirmation of the transaction has not been received by the issuing bank, then after a certain time (set by the bank) the hold is automatically removed - the funds are unfrozen and again become available to the card holder.

In fact, the holding period depends on the time required to carry out the described “accounting entries”, and its maximum duration is 30 days in accordance with the current legislation and the rules of the Ministry of Railways. Banks set holding periods of no more than 30 days, usually from 7 to 15 days.

As we have already said, in most cases, after making a purchase, the consumer considers payment to be an already completed event, but unpleasant situations also occur in which the client has to come face to face with the concept of holding.

Pitfalls of holding

In accordance with the rules of payment systems, the bank is obliged to write off using the details that were indicated in the clearing files it received. In the event that they do not match the authorization details, the card is debited from the account not at the expense of the hold. Thus, the payment was written off and the funds remained blocked. And the client, when requesting a balance, sees the balance minus both amounts. The problem is solved only over time, when the blocked amount does not find its confirmation and is automatically unfrozen.

A bad situation may arise if the issuer receives clearing files late. The hold on the card has already been removed, but upon receiving the details for debiting, the bank conducts a debit transaction on the card. If there is insufficient funds in the account, the balance will go into minus, that is, it will arise.

Often problems with frozen goods arise due to the fault of cashiers or service personnel. For example, a cashier error can result in a payment authorization request being made twice, resulting in the transaction amount being blocked twice.

But here is a common situation with booking hotels (cars, etc.). At the time of booking, the organization blocks a certain amount as an advance payment for its services, and upon final payment, the staff makes a new debit. All you have to do is wait for this amount to be automatically unlocked, which is not always convenient for the card holder (there may simply not be enough money to live on).

When making a reservation, in order to avoid such situations, it is convenient to use credit cards rather than debit cards. In this case, you will not hold your own funds, but the bank’s money. In this case, the bank will not take interest on the frozen funds - they will automatically be returned to the account.

You should be especially careful when paying for purchases abroad or in foreign online stores. The fact is that currency conversion occurs not on the day the funds are reserved, but on the date of their actual debiting - a few days later. How the exchange rate will change during this time is a big question. This means that after debiting the card, there is a possibility of a technical overdraft, for which you will have to pay at existing rates.

In addition, it is not recommended to change the card account if frozen amounts are stuck on it. Indeed, in this situation, it is impossible to say for sure which of the two accounts will be actually written off - this is the prerogative of the Ministry of Railways. Wait until the hold is cancelled.

Any cardholder should know that he cannot in any way influence the cancellation of the hold or its accelerated unblocking. Holding is canceled either after the actual expenditure transaction or when authorization is canceled by the outlet. Therefore, be careful and careful in matters of payment!

Many newcomers to the field of earning money as CPAs are often surprised and ask the same question: Why sometimes the money earned in the system does not come immediately? This is especially true for completed actions related to funds (financial offers), payment for goods in an online store, etc. All conditions for a particular offer are specified in advance by the advertiser himself. He reserves the right to indicate a hold in the amount of several days to several weeks.

Hold is the time during which the action of users referred by a certain webmaster must be confirmed. Each offer has its own hold conditions. Some affiliate networks do not even indicate in the settings the possibility of using such a function for the advertiser. Those. work without hold. Others allow advertisers to specify this time, up to a maximum of 45 days.

For a simple offer, the hold can be 1-2 days. For more complex and expensive offers, the hold can reach a maximum of 45 days. This is the time during which the system and the advertiser himself confirm the purchase of a product or payment for a service. After confirmation, the webmaster receives the money earned into his account.

The need for holding arose at the moment when dishonest webmasters began ordering simple actions on special sites. For example, a regular registration or mail subscription can be ordered on a special website. The benefit is that for such a paid action the webmaster pays 1-5 rubles, and receives 50-60 rubles. Many people started using this. Therefore, a special hold was invented to check and confirm the completed lead.

Advertisers can check the quality of a specific webmaster's traffic. If it shows consistently good results and indicates several known traffic sources, the advertiser can remove the hold restriction to instantly earn money.

Every CPA network is concerned about the quality of traffic in the system. This helps to attract new clients to whom you can tell about this quality traffic and reliable webmasters. The presence of a hold function in a CPA network is an indicator of the presence of quality traffic.

To avoid cheating and cheating, standard holds can be set, the size of a whole month. This period of time allows you to fully analyze the traffic and evaluate further user actions. If users just register on the site and then forget about it, it means that this is low-quality traffic that has been scammed or compromised.

Each CPA affiliate program employs a whole team of specialists who carefully monitor the quality of traffic and further actions of users.

Hold is needed to solve 3 problems:

— checking confirmation of user actions
— traffic quality analysis
— protection of advertisers from fraudulent activities of dishonest webmasters

For this simple reason, many webmasters are not immediately paid the money they earn. Now you know everything about holding. Pay attention to this parameter when choosing an offer. By the way, if you don’t know yet, we have prepared an interesting article for you.

The current legislation of the Russian Federation provides for a rule according to which it is possible to obtain a review of a case by filing a complaint against the ruling of the district court.

In order to carry out this procedure legally, you need to know certain norms and requirements, the consistency and correctness of which, by and large, determines the outcome of this paperwork.

To court
(name of the appellate court)

through __________________________ court
(name of the court of first instance)

Case No. _________________________________

Applicant: ___________________________________
(Full name or name, procedural status)

Plaintiff: _________________________________
(full name or name)

phone fax: ____________,

Representative of the plaintiff: ___________________
(data taking into account Article 48 of the Civil Procedure
Code of the Russian Federation)
address: ________________________________,

E-mail address: _______________

Respondent: ______________________________
(full name or name)
address: ________________________________,
phone fax: ___________,
E-mail address: _______________

Private complaint
for a ruling by a court of general jurisdiction

The __________________ district court is proceeding with case No. _____ on the claim of ___________________________ (full name or name of the plaintiff) against ______________________________ (full name or name of the defendant) about __________________________ (subject of the claim) in connection with ___________________ (grounds of claim) .

“___”________ ____ city ___________________________________________ (name of the court of first instance), the court issued a ruling on ___________________________, indicating the following grounds: __________________________________________.

In accordance with Part ___ Art. ___ of the Civil Procedure Code of the Russian Federation, such a determination can be appealed separately from the decision or other judicial act finalizing the consideration of the case.

The applicant believes that this Determination is illegal and unfounded, since it was made in violation of _______________________ (specify the rules of substantive and/or procedural law) and violates the rights and legitimate interests of the applicant, which is expressed in __________________________________________________________ and confirmed by __________________________________________________________.

Based on the above and guided by Art. ___, art. Art. 331 - 334 of the Civil Procedure Code of the Russian Federation,

The ruling of ___________________________ (name of the court of first instance) of the court dated “___”________ ____ on _________________ in case No. _____ is canceled in full (or in part ___________________________) and resolve the issue on the merits ___________________________________________.

Application:
1. Copies of a private complaint with attachments for persons participating in the case.
2. A copy of the appealed Determination dated “___”_________ ____.
3. Documents confirming the applicant’s arguments.
4. Power of attorney of the representative dated “___”________ ____, No. ____ (if the application is signed by the applicant’s representative).

"___"________ ____ G.

Applicant (representative):
___________________
(signature)

The help of a lawyer is the key to resolving the issue

Naturally, you can “go through” the entire procedure of appealing a district court ruling on your own, without resorting to the help of a professional lawyer. However, in this case, erroneous actions or failure to comply with any legal aspects and nuances that can significantly affect the resolution of the issue cannot be ruled out.

Cooperation with a highly qualified lawyer will help you correctly and competently draw up all the necessary documents. An experienced lawyer will, without a doubt, assist in the matter of satisfying the applicant’s complaint, checking the attached documents by the court, and will provide support for the case until its favorable decision.

Legal rules for appeal

It should be noted that one of the main requirements for filing a complaint against a district court ruling is the period within which this can be done - fifteen days from the date of the court decision. It is important to remember that the countdown begins precisely from the moment the decision is made, and not from the date of registration of the filed complaint by the secretary!

Usually, when a court verdict is passed, the appeal procedure is announced by the judge; more detailed information on this matter can also be found in the court office.

In order to correctly compose the text of the appeal, it is necessary to clearly understand the content of regulatory legal acts, the provisions of which, in the opinion of the applicant, were not taken into account or violated by the court. If necessary, it is also reasonable to insist on an appropriate examination.

An appeal against a district court ruling is filed with a higher court. For example, if the applicant is a resident of the village, then the complaint must be filed with the district, or, alternatively, city court. If the appeal document is accepted for consideration and satisfied, a court hearing will be scheduled for this case.

In a civil case, the court, in addition to making a decision, may make a ruling. A person who does not agree with it has the opportunity to challenge this decision. This right is established in the Code of Civil Procedure.

Private complaint against a court ruling in a civil case: Code of Civil Procedure of the Russian Federation

The sample application is drawn up in accordance with the rules established by law. Article 331 of the Code provides for cases when an interested entity can challenge an adopted resolution. The first paragraph of this norm states that a complaint can be filed if this is expressly stated by law or if the ruling made precludes further progress of the case. All other decisions are allowed to be challenged along with the decision. For example, according to the Civil Procedure Code, a private complaint is not filed against a refusal to satisfy a request to order an expert study, to include materials in evidence in the case, to study them, etc. These acts are challenged in appeal proceedings along with the decision.

To whom should the application be sent?

In accordance with the provisions of Article 331 of the Code of Civil Procedure, a private complaint against a court ruling in a civil case is sent to:

To the appellate court. In this body, you can challenge decisions made by the Supreme Court of territories and regions, including autonomous republics, and cities of federal significance.

To the appeal panel of the Supreme Court against acts of the Supreme Court.

In the Armed Forces of regions and territories (including autonomous ones), republics, cities of federal significance - based on decisions of district authorities.

According to the Code of Civil Procedure, a private complaint against the ruling of the magistrate is sent to the RS.

Submission deadlines

According to the Code of Civil Procedure, a private complaint against a court ruling is sent no later than 15 days from the date of announcement of the decision. The application can be submitted to the office yourself or sent by mail. In the latter case, it must be a registered letter. Lawyers recommend additionally issuing a notification of delivery.

Review rules

They are established by Article 333 of the Code of Civil Procedure. The private complaint, as well as the materials attached to it, must be sent to all parties to the dispute. In this regard, the applicant is obliged to submit documents in an amount corresponding to the number of participants, plus one for the authority hearing the case. The law provides for a certain period within which the parties have the right to submit objections.

What decisions can be challenged?

According to the Code of Civil Procedure, a private complaint is sent to acts on:

Recognition of entities that have submitted individual claims as third parties or refusal to do so.

Return of audio/video media.

Replacing a successor or refusing to do so.

Disposition of the material evidence available in the case.

Distribution of costs for the proceedings.

Refusal to accept the application.

Securing a claim.

Refusal to restore a deadline missed for valid reasons.

Refusal to make an additional decision.

Return the application.

Suspension of proceedings, its termination, leaving claims without consideration.

Explanation of the contents of the decision.

Indexation of previously awarded amounts.

Making corrections to the resolution.

Immediate implementation of the solution.

Prohibition on making a payment by the person who issued the document.

Providing a duplicate.

Refusal to reduce the fine.

Suspension or termination of production under IL.

Refusal to satisfy the petition to cancel the decision to leave the claim without progress.

Rotate the solution.

You can also challenge acts adopted on issues provided for in Article 298. A private complaint against the ruling to dismiss the cassation submission/protest is also filed in accordance with the procedure established by the 331st norm of the Code of Civil Procedure.

Review without notice

The legislation establishes several cases when a private complaint is dealt with without notifying the parties. This assumption applies to challenging acts:

Review time

According to Art. 327.2 of the Code of Civil Procedure, a private complaint is studied in district, regional, regional, naval authorities and bodies of federal cities no longer than 2 months from the date of its acceptance. The Supreme Court has the right to consider the application within 3 months. Having examined the circumstances set out in the complaint, the court:

1. Leaves the contested decision unchanged and, accordingly, does not satisfy the claim.
2. Cancels the act completely or in some part, and sends the case for review on the merits.

Design features

As established in the Code of Civil Procedure, a private complaint includes mandatory details. First of all, the application indicates the name of the authority to which it is sent. After this, information about the author of the complaint is provided. You must indicate your full name. and place of residence (name and address of location - for legal entities), contact telephone number. The email number is optional. After this, the name of the document is indicated - “Private Complaint”. The text should indicate the date of the decision and the issue that was resolved by it. Next, the provisions of the act with which the applicant does not agree are indicated, and arguments are given to support the position. Lawyers also recommend referring to specific rules of law that, according to the author, were violated during the proceedings and the ruling, were applied incorrectly or were not used at all. After stating the essence of the application, the articles that the subject was guided by when writing it are indicated (norms 331-333 of the Code of Civil Procedure). Next comes the pleading part. It, in fact, sets out the requirement - to cancel (in whole or in a separate part) the contested act, to send the case for review. After this, you should provide a list of applications, sign and date them.



Additionally

In general, filing a complaint does not present any difficulties, especially for those subjects who have some experience in court cases. Difficulties may arise when identifying legal provisions that have been violated, misused, or not applied at all. It should be said that all claims must be substantiated and supported by valid information and documents. The applicant faces liability for providing false information. Experts recommend consulting with lawyers before filing a complaint with the court. Competent persons will check the rules for completing the application and the accuracy of the standards. In addition, lawyers will explain how to behave correctly in court when defending your position. If the matter is complex, it is better to entrust it to a professional. As stated above, the number of copies of the application and attachments must correspond to the number of participants. The court will independently send materials to the parties.

Private complaint against a court ruling sample

Private complaint against a court ruling. The district court made a default judgment, according to which a certain amount of money was recovered from the defendant in favor of the plaintiff to compensate for the damage caused by the traffic accident. The defendant, not agreeing with the specified court decision in absentia, filed an application to cancel it within the period established by law. However, by the ruling of the district court, the defendant was denied the application to cancel the default judgment. The defendant asks the court to cancel the ruling refusing to satisfy the application to cancel the default judgment.

To the Judicial Collegium for Civil Cases of ____________ City Court

from ______________________ – representative of the defendant – LLC “______”

(in civil case No. ___________ on the claim of ___________________________ against the limited liability company "_____" for damages)

PRIVATE COMPLAINT
for a ruling by the ________________ district court of ______ dated __________

In the year _____________, the district court of the city ______ made a decision in absentia, according to which, from LLC "_____" in favor of ____________, _______ rubles __ kopecks were recovered for compensation for damage caused by a traffic accident, a state duty in the amount of _________ rubles __ kopecks, and only ________ ruble __ kopecks.
Having disagreed with the said court decision in absentia, I filed an application for its cancellation within the period established by law.
However, by the ruling of the ______________ district court of the city _______ dated _______________, my application to cancel the default judgment dated ______________ was denied.
I believe that this ruling is subject to cancellation due to a significant violation by the court of first instance of the norms of procedural and substantive law.
According to Art. 113 of the Code of Civil Procedure of the Russian Federation, persons participating in the case, as well as witnesses, experts, specialists and interpreters are notified or subpoenaed to court by registered mail with acknowledgment of delivery, a subpoena with acknowledgment of delivery, by telephone message or telegram, by fax or using other means communication and delivery, ensuring the recording of a judicial notice or summons and its delivery to the addressee.
A subpoena is a form of judicial notice and summons. Persons participating in the case are notified by court summons of the time and place of the court hearing or the performance of certain procedural actions. Along with a notice in the form of a subpoena or registered letter, copies of procedural documents are sent to the person participating in the case. Subpoenas also serve to summon witnesses, experts, specialists and translators to court.
Persons participating in the case must be served with court notices and summons in such a way that these persons have sufficient time to prepare for the case and appear in court on time.
A judicial notice addressed to a person participating in the case is sent to the address indicated by the person participating in the case or his representative. If the citizen does not actually live at the specified address, the notice may be sent to his place of work.
The ruling states that the representative of LLC "_____" did not appear at court hearings, including those held on ____________, although he was duly notified of this. In fact, I did not receive any summons or other notification about the date and time of the trial, I was not notified about the day of the hearing of the case, moreover, I learned about the existing trial, as well as the decision that took place, after receiving a copy of the default judgment of _____________.
In accordance with Art. 123 of the Constitution of the Russian Federation and Art. 12 of the Code of Civil Procedure of the Russian Federation, civil proceedings are carried out on the basis of adversarialism and equality of rights of the parties, which can be fully realized only if each of the persons participating in the case is given the opportunity to be present at the court hearing. Therefore, these persons must be notified by the court about the date, time and place of the court hearing or the commission of a procedural action using the means and methods provided for in Part 1 of Article 113 of the Code of Civil Procedure of the Russian Federation.
Thus, procedural rights and the principle of adversarial proceedings, provided for by current legislation, were violated.
Also, LLC "_____" was deprived of the opportunity to present to the court evidence refuting the circumstances on which the plaintiff based his claims.
According to paragraph 2 of Part 2 of Article 364 of the Code of Civil Procedure of the Russian Federation, a violation or incorrect application of the rules of procedural law is grounds for overturning a decision of the first instance court only if this violation or incorrect application led or could lead to an incorrect resolution of the case.
The decision of the court of first instance is subject to cancellation regardless of the arguments of the cassation appeal or presentation if the case is considered by the court in the absence of any of the persons participating in the case and not notified of the time and place of the court hearing.
In accordance with Art. 238 of the Code of Civil Procedure of the Russian Federation, an application to cancel a decision in absentia must contain circumstances indicating the validity of the reasons for the defendant’s failure to appear at the court hearing, about which he was not able to inform the court in a timely manner, and evidence confirming these circumstances, as well as circumstances and evidence that may affect content of the court decision.
In accordance with Art. Art. 242, 243 of the Code of Civil Procedure of the Russian Federation, a decision in absentia is subject to cancellation with the resumption of consideration of the case on the merits, if, when considering an application to cancel the decision in absentia, the court establishes that the party’s failure to appear at the court hearing was caused by valid reasons, which she was not able to inform the court in a timely manner, and that in this case the party presents evidence that may affect the content of the adopted decision in absentia.
The court's statement that the application to cancel the default judgment by the representative of the defendant - LLC "_____" was filed only on the __________ year, that is, after missing the deadline for filing an application to cancel the default judgment, is untrue.
I made such a statement ____________ year, that is, within the period established by law.
Under such circumstances, the ruling of the court of first instance to refuse to satisfy the application to cancel the default judgment, which excludes the possibility of further progress of the case, decided with violations of the civil procedural law, which limited the rights of participants in civil proceedings guaranteed by the Constitution of the Russian Federation and the Code of Civil Procedure of the Russian Federation, cannot be recognized as legal , reasonable and fair.
Based on the above, guided by Art. Art. 371-375 Code of Civil Procedure of the Russian Federation,-

P R O S H U S U D:

The ruling of the ______________ district court of the city of ________ dated _______________ on the refusal to satisfy the application for cancellation of the default judgment in civil case No. ___________ on the claim of __________________________ against LLC "_____" for compensation of damage dated ________________ caused by a traffic accident - to be cancelled.

Applications:
1. receipt for payment of state duty;
2. copies of the private complaint;
3. copy of the ruling of the _______________ district court dated _______________;
4. copy of the representative’s power of attorney;

_____________
" " ________________ of the year

Article 333 of the Code of Civil Procedure of the Russian Federation. The procedure for filing and considering a private complaint, a prosecutor’s presentation (current version)

1. The filing of a private complaint, presentations of the prosecutor and their consideration by the court occur in the manner established by this chapter, with the exceptions and features provided for by this article.

2. The court of first instance, after receiving a private complaint, a prosecutor’s presentation, filed within the period established by Article 332 of this Code and meeting the requirements of Article 322 of this Code, is obliged to send copies of the private complaint, a prosecutor’s presentation and documents attached to them to the persons participating in the case and appoint a reasonable period during which these persons have the right to submit to the court of first instance objections in writing regarding the private complaint, the prosecutor's presentation with the attachment of documents confirming these objections, and their copies, the number of which corresponds to the number of persons participating in the case.

3. A private complaint, a prosecutor’s submission to a ruling of the court of first instance, with the exception of rulings on the suspension of proceedings in a case, on termination of proceedings on a case, on leaving an application without consideration, on satisfying or refusing to satisfy an application, presentations on the review of court decisions on a new basis discovered or new circumstances, on forced execution or refusal to enforce a decision of a foreign court, on recognition or refusal to recognize a decision of a foreign court, on recognition and execution or refusal to recognize and enforce decisions of foreign arbitration courts (arbitrations), on cancellation decisions of the arbitration court or refusal to cancel the decision of the arbitration court, to issue a writ of execution for the forced execution of the decision of the arbitration court, or to refuse to issue a writ of execution for the forced execution of the decision of the arbitration court, are considered without notifying the persons participating in the case.

Taking into account the nature and complexity of the procedural issue being resolved, as well as the arguments of the private complaint, the prosecutor’s presentation and objections to them, the appellate court may summon the persons participating in the case to a court hearing, notifying them of the time and place of consideration of the private complaint, the prosecutor’s presentation.

4. A private complaint, a prosecutor’s submission against a ruling of the court of first instance, is considered by the court of appeal within the time limits provided for in Article 327.2 of this Code, unless other time limits are established by this Code.

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Sample and rules for filing a private complaint against a court ruling in a civil case

The person filed a civil lawsuit in a court of general jurisdiction. The meeting took place. But the definition turned out to be far from what the plaintiff expected from the state machine. Is it possible to file a private complaint against an unsatisfactory court decision? In general, the answer is yes. However, arguing with professionals is not at all easy. Even if the initiator is formally right, it is not a fact that he will be able to find strong support for his position.

In order for the case to be accepted for consideration, the plaintiff must, at a minimum, take care of the legally competent drafting of the document. Each situation is specific in its own way, so we will talk about the general points of appealing court rulings.



Legislative basis

Citizens who disagree with a court decision have the right to appeal decisions. A private complaint against a court ruling in a civil case is the first step towards a possible review of the issue. The complaint is addressed to a higher authority - the court of second instance.

The appeal algorithm is established by Chapter 39 of the Civil Procedure Code - Federal Law No. 138 of November 14, 2002 (hereinafter referred to as the Civil Procedure Code). The following “inaccuracies” are recognized as grounds for appealing decisions of the courts of first instance:

3. the facts of the case were incorrectly established and then interpreted;
4. legal issues within the framework of the application of procedural and substantive law are not correctly interpreted.

To resolve a dispute on the merits of a private complaint, consideration takes place without the participation of the parties and relevant witnesses, defense attorneys, prosecutors, etc. However, in complex and confusing situations, the appellate court can still summon the parties to a hearing (Article 333 of the Code of Civil Procedure).



What can be appealed

The law established two principles that must be followed when appealing determinations:

5. court decisions that violate the legitimate interests of citizens and legal entities are appealed;
6. or slowing down/stopping further proceedings in civil cases.

In practice, it turns out that some decisions can be challenged, while others will have to be put up with. This division is carried out by the Civil Procedure Code.

How to apply and send

The law provides for a simple written form of the document. A sample private complaint against a court ruling contains the following sections:

7. opening;
8. descriptive;
9. final.

The appeal is completed by the date of preparation and the personal signature of the “complainant”. The essential information is:

10. details of the court of appeal (name, territorial affiliation);
11. FULL NAME. the complaining citizen, his place of permanent/temporary residence;
12. data of the appealed judicial authority;
13. applicant's requirements, grounds for cancellation.

When composing the text, any emotionality of the document is excluded. Only a “dry” business style with clear wording and references to the current procedural legislation.

Submitting an appeal

The deadline for filing a private complaint is 15 days in standard cases. What to do if time is lost due to a serious illness, an unforeseen business trip of the initiator, or a difficult family situation? The Civil Procedure Code considers these grounds to be compelling reasons for extending the appeal period. Also, the time is extended in case of omissions by the court secretary.

14. The appeal is sent to the court that issued the ruling;
15. it is necessary to stock up on the number of copies according to the number of participants in the appeal;
16. You don’t have to go to court in person, but send documents by mail;
17. Private appeals are not subject to filing fees.



Consideration of the complaint

Making a decision on an appeal (clause 4 of Article 333 of the Code of Civil Procedure, Article 327.2 of the Code of Civil Procedure) is a lengthy process. A person must be patient:

• for two months if the case is resolved in a district, regional or regional court;
• When sending documents to the Supreme Court of the Russian Federation, the period for consideration of a private complaint will be up to 3 months.

Supervisory authorities can appeal against rulings on claims of individuals or legal entities: the prosecutor's office, guardianship, government. government, municipality.

Nuances and features of the process

There are many of them, so it is better to seek help from lawyers. In general, it is worth remembering that a private complaint can be reversed by abandoning the claims in whole or in part.

• A person also has the right to change and expand the content of the document at any stage of the process.
• The primary court examines the requirements and then sends the document to its jurisdiction.
• It is possible to return the application to the author.

A court ruling is not the final verdict on a claim. For the court, this is just an interim decision on a separate “episode”: organizing an examination, suspending consideration of the terms of consideration, etc.

But for a citizen, a complaint against such a definition is a way to protect his rights. Errors of judges, acceptance of subjective evidence and elementary slander by witnesses will continue to exist. A private appeal will help put everything in its place. This is true only if the document is drawn up correctly and the procedural algorithm is followed.

Private complaint against a judge's ruling

Private complaint against a judge’s ruling to seize the defendant’s property.

from the defendant _____________________________________________
(in a civil case based on a claim by (Full Name)________________ against (Full Name)_________________________ for the collection of funds under the contract, collection of postal expenses and collection of interest)

PRIVATE COMPLAINT
to the decision of the judge of the ___________________________ court
from "__" ________ _____ year

A civil case is pending in the Pushkin City Court of the Moscow Region regarding the claim of (full name)_____________________ to (full name)_____________________ for the recovery of funds under the contract, the recovery of postal expenses and the recovery of interest.
By the decision of the judge of the _________________________ court dated “__” ________ ____, property belonging to me was seized within the stated amount of the claims - ______ ruble __ kopecks.
The seizure is motivated by the fact that failure to take measures to secure the claim may lead to difficulty or impossibility of executing the court decision.
I do not agree with the court’s ruling; I consider it illegal and unfounded, since it is premature due to the lack of grounds for satisfying the claims.
In this regard, the ruling of the judge of the _________________ court dated “__” _______ ____ on the seizure of property belonging to me cannot be recognized as legal and justified, since it violates my rights and interests protected by law and there are all grounds for its cancellation.
Based on the above, guided by Art. Art. 371-375 Code of Civil Procedure of the Russian Federation, -
ASK:
1. Determination of the judge of the _____________________ court dated “__” ___________ ____ in a civil case in a claim of (full name)_____________________ to (full name)_____________________ for the recovery of funds under the contract, the recovery of postal expenses and the recovery of interest about the seizure of property belonging to me - cancel.

Application:
1. copy of the private complaint

______________
«__» ____________ ____

HOW TO SOLVE A LEGAL PROBLEM IN 3 STEPS

A sample of a private complaint against a court ruling, taking into account the latest changes in the legislation of the Russian Federation.

In accordance with the norms of the Civil Procedure Code of the Russian Federation, the definition is such a decision of the court of first instance, which does not resolve the case on the merits, but as a result of which further consideration (movement) of the case is impossible.

The court can make a wide variety of rulings, for example, refusing to accept a statement of claim, terminating the proceedings, etc. Each of these definitions, to one degree or another, violates the rights of the parties to judicial protection. Therefore, by virtue of the requirements of the Code of Civil Procedure of the Russian Federation, such determinations can be appealed in a court of appeal or cassation, that is, in a higher court.

To do this, you must file a private complaint against the ruling. A sample of it is presented below. Filing a complaint, as a rule, does not cause problems. It contains standard information, as in the statement of claim, and also indicates the court’s ruling, which is being appealed.

The plaintiff’s task is to convince the court that the court’s ruling is unreasonable and illegal. To do this, you can give both procedural arguments, that is, point out a violation of the procedure for considering the case, and material ones, that is, refer to the norms of civil, family or housing law.

There is no state fee for appealing court rulings. The complaint is filed with the court of first instance within 15 days from the date of the ruling.

IN __________________________
(Name of the court of appeal, address)

In civil case No. ________

Plaintiff: _____________________

Respondent: ___________________
(full name, residential address, contact details)

Private complaint

for a court ruling

Currently, ___________________ (indicate the name of the court of first instance) is considering a civil case based on the claim of ___________________ (full name of the plaintiff, address) to __________________ (full name of the defendant, address) about _____________________ (indicate the subject of the claim ).

The court of first instance “___” “______” 20__ issued a ruling according to which ________________________ (indicate what the ruling is about, briefly list the court’s arguments).

As a result of this determination, the possibility of further progress in the case is excluded.

This definition violates the norms of civil procedural legislation, since _________________________ (indicate why the definition does not comply with the law).

Taking into account the above, guided by the requirements of Articles 331, 334 of the Civil Procedure Code of the Russian Federation,

ASK:

The ruling of _______________________ (indicate the name of the court of first instance), issued by “___” “________” 20 __ on ________________________ (indicate what the ruling is about), is canceled and the case is sent for consideration to the court that previously considered the specified case.

1. A copy of the private complaint;

2. Documents confirming the plaintiff’s arguments.

“___” “_________” 20__ Signature _________________

Private complaint against a district court ruling to return a statement of claim, sample

Private complaint against the district court's ruling to return the statement of claim. By ruling of the district court, the plaintiff's statement of claim against the defendant for the division of jointly acquired property was returned. The basis for returning the statement of claim, in the opinion of the court, was that the statement of claim was not within the jurisdiction of this court. The plaintiff asks the court to cancel the district court's ruling to return the statement of claim.

In ___________ city court

PRIVATE COMPLAINT
on the decision of the _________ district court of ______ dated ________ on the return of the statement of claim

By the ruling of the __________ district court of ______ dated __________, the statement of claim _____________ to ____________ for the division of jointly acquired property was returned.
I received this ruling on _______ in the court office, which is noted in the materials of the civil case.
The basis for the return of the statement of claim, in the opinion of the court, was that the statement of claim was not within the jurisdiction of this court on the basis of clause 2 of part 1 of Art. 135 Code of Civil Procedure of the Russian Federation.
The court in its ruling refers to the fact that these disputes are considered in accordance with Art. 30 of the Code of Civil Procedure of the Russian Federation, according to which claims for rights to land plots, subsoil plots, buildings, including residential and non-residential premises, structures, structures, and other objects firmly connected to the land, as well as for the release of property from seizure, are brought to the court at the place location of these objects or seized property.
The court found that the disputed property in the form of a land plot, a residential building, which are located at the address: ___________________________, as well as funds in the ______ bank, are located in the territory not under the jurisdiction of the __________ district court of the city of ______.
Under such circumstances, the statement of claim of ______________ to _______________ for the division of property in the form of: a land plot located at the address: _______________________________, a residential building located at the address: ____________________________________, funds located in the Bank ______ cannot be accepted for proceedings by the _________ district court ______.
However, the court’s conclusion is erroneous and contradicts the norms of civil procedural legislation; the ruling made excludes the possibility of further progress of the case, and therefore it is subject to cancellation on the following grounds:
According to Art. 28 of the Code of Civil Procedure of the Russian Federation, the claim is brought to the court at the place of residence of the defendant. A claim against an organization is filed in court at the location of the organization.
Based on clause 10 of Art. 29 of the Code of Civil Procedure of the Russian Federation, the choice between several courts, which, according to this article, have jurisdiction over the case, belongs to the plaintiff.
I have filed claims for the division of jointly acquired property in the form of: a land plot, a residential building, funds in an account with the Bank ______, a car ____________.
The total amount of jointly acquired property is subject to division, including funds in the Bank account _______, a car __________.
The title to the car ___________ is registered in the name of ____________
In addition, the Deposit Agreement for an individual “_____________” No. _________________ dated _____________ for the amount of ___________ rubles, __ kopecks. concluded between ______________ and Bank ______.
Consequently, there are grounds for filing a statement of claim according to the general rule of jurisdiction, i.e. in accordance with Art. 28 Code of Civil Procedure of the Russian Federation.
The defendant resides at the address:__________________________, which is within the jurisdiction of the ____________ district court of the city of __________.
According to Art. 372 of the Code of Civil Procedure of the Russian Federation, a private complaint or a prosecutor’s presentation may be filed within ten days from the date of the ruling by the court of first instance. Since I received the ruling on the __________ year, the period for appeal must be calculated from the ______________ year; accordingly, this particular complaint was filed within the period for appeal established by law.
Thus, there are all legal grounds for canceling the ruling of the ____________ district court of _______ dated _____________.

On the basis of the above,-

The ruling of the _____________ district court of ________ dated ______________ on the return of the statement of claim to _______________ for the division of jointly acquired property is cancelled.
Submit the claim material to the ___________ district court for acceptance of it for its proceedings and consideration on the merits.

Applications:
1. Copies of private complaints
2. Copy of the representatives’ power of attorney

______________
" "__________ ____G.

HOW TO SOLVE A LEGAL PROBLEM IN 3 STEPS

Fill out the feedback form. Describe your question in as much detail as possible in simple words. For a written response, please include your return email address.

Within a day, the lawyer will respond to you by email explaining the situation and recommendations on what to do next. In the final recommendations, the lawyer will tell you what documents need to be drawn up and their recipients.

After receiving a list of required documents from our lawyer, go to our free legal document archive and find the one you need. Insert personal data, postal details, recipient's address and send to its destination.

PRIVATE COMPLAINT

The state fee for a private complaint is not paid.
The cassation office accepts appeals against a determination based on a private complaint.

When to file a private complaint and is it worth filing?

In other cases, private complaints against the judge’s rulings are not filed; objections to these rulings may be included in the appeal. A private complaint is filed in the manner prescribed for appealing a judge’s decision (Article 320 of the Code of Civil Procedure of the Russian Federation).

The private appeal is filed through the trial judge to the appellate court. The content of a private complaint must meet the requirements of Art. 322 Code of Civil Procedure of the Russian Federation. A private complaint may be left without progress by the judge or returned to the person who filed the complaint, on the grounds provided for leaving without progress or returning an appeal (Articles 323, 324 of the Code of Civil Procedure of the Russian Federation).

The exception is such grounds for leaving a complaint without progress as non-payment of state fees. Unlike an appeal, a private complaint is not paid with a state fee. When a private complaint is filed against a ruling that is not subject to independent appeal, the judge must return the private complaint to the person who filed it.

A judge, when accepting a private complaint, must check whether the judge’s ruling specified in the complaint or presentation can be appealed separately from the decision.

Is a private complaint not subject to appeal?

The question is what to appeal and how. It is better to appeal the judicial act with a specialist! Too many subtleties, too many trade secrets, too much for the reader. But not for those who live in legal terminology. To appeal, you need knowledge and confidence, acumen and psychological attitude. And most importantly, a person who will explain how to act specifically in the current situation. Are you still thinking whether to call or not? To be honest, there is no time to think about it. Complain about the judges! We have a free country.

Ruling on refusal to transfer a private complaint to the appellate authority.

PRIVATE COMPLAINT AGAINST A COURT DECISION IN A CIVIL CASE OF THE RF Civil Procedure Code SAMPLE

To the Moscow Regional Court

There is no state duty (Part 2 of the Tax Code of the Russian Federation)

PRIVATE COMPLAINT SAMPLE

to the court ruling dated “__”______2014. in civil case No. - _____

(the sample is suitable for appealing any determinations)*

“__” ______ 2017 federal judge of the Ensky City Court of the Moscow Region Ivanova I.A. Carrying out the functions of a representative of the authorities and being an official of the first judicial instance, she exceeded her official and procedural powers.

The judge made a ruling to consider the issue of accepting a private complaint according to the ruling she had previously made on “__” _______ 2013. Thus, the judge took steps to return a private complaint, which clearly went beyond her powers and resulted in a significant violation of the applicant’s rights and legitimate interests to access justice in the appellate instance.

The interests and rights of the plaintiff suffered significant harm due to what was admitted by judge Ivanova I.A. violation of their official and procedural powers. Under the violation of the legitimate interests of the plaintiff as a result of the excess of judge Ivanova I.A. official authority should be understood, in particular, as creating obstacles in meeting the applicant’s needs that do not contradict the rules of law.

Namely, the creation by an official Judge Ivanova I.A. actions actively preventing and limiting the applicant’s ability to access the appellate authority with a private complaint against its determination dated “__” _______ 2013. In fact, the judge’s actions suspended the proceedings and clearly went beyond the powers of the trial judge Ivanova I.A.

Resulting in a significant violation of the rights and legitimate interests of the plaintiff. At the same time, judge Ivanova I.A. being the deputy chairman of the Yensky City Court of the Moscow Region, she realized that she was acting beyond the powers vested in her.

The motive for the illegal action of judge Ivanova I.A. I don't know.

Judge Ivanova I.A. upon receipt of my private complaint, I should have been guided only by Chapter 39 “Proceedings in the court of appeal” of the Code of Civil Procedure of the Russian Federation with the exceptions provided for in part two of Article 333 of the Code of Civil Procedure of the Russian Federation, sent copies of the private complaint to the parties and transferred it with the case materials for consideration to the second instance.

However, “__” _______ 2017, federal judge of the Ensky City Court of the Moscow Region Ivanova I.A. Carrying out the functions of a representative of the authorities, being an official of the first judicial instance, she exceeded her official and procedural powers.

Issued a ruling to consider the issue of accepting a private complaint based on the ruling issued on “__” ________ 2013. thereby committing illegal actions to return my private complaint. The judge’s actions clearly went beyond her powers and resulted in a significant violation of the applicant’s rights and legitimate interests of access to justice in the second instance.

Cancel the ruling of the Yensky City Court of the Moscow Region on the return of a private complaint, consider a private complaint against the ruling on leaving without movement.

*(Specify the complaint by dates, full name, name of the court and the subject of the appealed court rulings)

PRIVATE COMPLAINT of the Code of Civil Procedure of the Russian Federation

Deadline and procedure for filing private complaints about errors in court rulings in a civil case.

How and when to complain about a judge?
In an appeal, only those determinations are appealed that exclude the possibility of further progress of the case or if this is provided for by the Code of Civil Procedure of the Russian Federation:
- determination of refusal to accept an application for a court order,
- ruling on refusal to explain the court decision,
- determination to terminate the proceedings,
- determination to leave the application without consideration.

Other determinations cannot be appealed, but violations of them can and should be stated in an appeal:
- rulings on acceptance of the claim by the court of first instance,
- on refusal to satisfy a request to disqualify a judge,
- on separating the claim into separate proceedings,
- preparing the case for trial,
- on consolidation of cases into one proceeding,
- on postponing the trial,
- on requesting evidence.

The procedure for filing a private complaint follows the rules for filing an appeal.
The filing deadline is within 15 days from the date of the appealed ruling. And of course, restoration periods apply in the event of a “protracted” production of the determination.
Persons not involved in the case also have the right to file a private complaint against the court’s ruling.

A private complaint is considered without notifying persons or summoning persons.
Exception to private complaint about definitions:
- on termination of proceedings in the case;
- leaving the application without consideration;
- on suspension of proceedings in the case.

And so that the parties “do not get in the way” in accordance with Articles 14 and 16 of the Federal Law of December 22, 2008. N 262-FZ " On ensuring access to information about the activities of courts in the Russian Federation» - information about the time and place of consideration of a private complaint is posted on the website of the appellate court.

In the premises of the appellate court, information is posted on the doors, regardless of the order in which the private complaint will be considered.
Cancellation or modification of the definition is carried out on the basis of 330 Code of Civil Procedure of the Russian Federation.
The time frame for consideration of a private complaint in the second instance is two months, in the Supreme Court of the Russian Federation no more than three months.

PRIVATE COMPLAINT AGAINST A COURT DECISION IN A CIVIL CASE

17 procedural reasons to file a complaint that judges are silent about.

1. transfer of the case to another court or refusal to transfer to another court (part 3 of article 33 of the Code of Civil Procedure of the Russian Federation);
2. replacement or refusal to replace the legal successor (part 3 of article 44 of the Code of Civil Procedure of the Russian Federation);
3. refusal to provide evidence (part 2 of article 65 of the Code of Civil Procedure of the Russian Federation);
4. issues related to legal costs (Article 104 of the Code of Civil Procedure of the Russian Federation);
5. refusal to add or reduce a court fine (Article 106 of the Code of Civil Procedure of the Russian Federation);
6. refusal to restore the missed deadline (part 4 of article 112 of the Code of Civil Procedure of the Russian Federation);
7. refusal to accept a statement of claim (Article 134 of the Code of Civil Procedure of the Russian Federation);
8. return of the statement of claim (part 3 of article 135 of the Code of Civil Procedure of the Russian Federation);
9. leaving the statement of claim without progress (part 3 of article 136 of the Code of Civil Procedure of the Russian Federation);
10. issues of securing a claim (Article 145 of the Code of Civil Procedure of the Russian Federation);
11. making corrections to the decision (part 3 of article 200 of the Code of Civil Procedure of the Russian Federation);
12. refusal to make an additional decision (part 3 of article 201 of the Code of Civil Procedure of the Russian Federation);
13. the question of clarification of the decision (Part 3 of Article 202 of the Code of Civil Procedure of the Russian Federation);
14. indexation of collected amounts (part 3 of article 208 of the Code of Civil Procedure of the Russian Federation);
15. the issue of immediate execution of the decision (Part 3 of Article 212 of the Code of Civil Procedure of the Russian Federation);
16. suspension of the proceedings (Article 218 of the Code of Civil Procedure of the Russian Federation);
17. the issue of postponing or installment execution of the decision, as well as changing the method and procedure for its execution (Article 203 of the Code of Civil Procedure of the Russian Federation).

Sequence of actions in civil proceedings.

1. Checking of persons who have appeared.
2. Reading out the applicant's wishes.
3. The question is whether the applicant supports his claims.
4. It is advisable to start the applicant’s answer with the words: “Yes, as a result...(here reveal the position in 2-3 sentences).”
5. Next, a question to the opponent, if there is one (usually only the applicant is present).
6. Next, again, an additional question to the applicant of the private complaint.
7. Meeting of judges (in the deliberation room on a private complaint, they sometimes say: “We have already adopted a ruling” and voice the operative part of the ruling on a private complaint).

Determinations that prevent further progress of the case include determinations to terminate proceedings in the case (Article 220 of the Code of Civil Procedure of the Russian Federation); about leaving the application without consideration (Article 223 of the Code of Civil Procedure of the Russian Federation); on leaving the appeal without progress (Article 323 of the Code of Civil Procedure of the Russian Federation).

Having accepted a private complaint, the magistrate must send copies of the complaint and presentation to the persons participating in the case. Out of excitement, many do not remember the ruling they heard on a private complaint. Take a voice recorder with you or turn on the voice recorder on your cell phone!

What to talk about point 4 (they will listen to your short remark):

about his actions in the first instance, which were not assessed by the judge of the first instance and were not specified in his ruling. Sample remarks by definition regarding refusal to accept a claim: “I handed over the original along with the explanation for the claim and signed the claim and explanation in my own hand. The Tax Code does not oblige me to pay the exact amount of state duty. Look at the explanation of the claim and the private complaint."

What to talk about point 6 (they will listen to your detailed position):

about the bias of several judges, a new definition must be shown. Sample remarks by definition about the refusal to accept a claim: “I was forced to re-file the claim. Remembering the first unfounded demands, I prepared a claim taking into account biased remarks. But my claim was rejected based on other made-up arguments.” (Show the definition of Judge Zemlemerova).

Next (immediately before interruption): “ And I support this private complaint on the following grounds: the original of the state duty is attached to the claim and the explanation to the claim in the original, and it is difficult to determine the state duty in such a dispute due to hostile relations with the opposite party and, in addition, the Tax Code does not oblige me to accurately determine the amount of the state duty».

If before the expiration of the period for appeal the magistrate receives explanations on a private complaint, then copies of them must also be sent to the persons participating in the case.

After the period for appeal has expired, the magistrate sends the case with a private complaint and the explanations received to the district court only in the event of an appeal against a ruling that excludes the possibility of further progress of the case.

If the appealed ruling is not an obstacle to the progress of the case, then the magistrate does not send the entire case to the district court, but only the documents necessary to consider the complaint.

How to win a trial?

About the probability of winning the process in the 1st, appellate, cassation and supervisory instances.

How to object to an expert about an invoice?

What to do a month later, when the conclusion is submitted to the court with an attached invoice for “five zeros”?

PS: Per price per pair consultations I will correct the procedural style of complaints, the structure of presentation, terminology and justification of arguments ( but there will be no hour-long lectures on legal education).

expertsudeb.narod.ru

How to draw up and submit a private complaint against a court ruling (sample)?

Private complaint against a court ruling is a complaint against a ruling of a court of general jurisdiction or a single decision of a judge. Citizens who do not agree with the court decision have the right to appeal it to the appropriate higher authority. But in order for the complaint to be considered by the court, certain rules and requirements must be observed.

Sample of a private complaint against a court ruling: regulations and decisions subject to appeal

The procedure for filing private complaints against a court ruling is regulated by the Civil Procedure Code of the Russian Federation dated November 14, 2002 N 138-FZ, namely Chapters 39 and 40. The norms contained in this law are binding on all citizens and legal entities.

This code establishes that only those decisions that violate the legitimate interests of citizens and legal entities or make the movement of civil proceedings impossible are subject to appeal. Also, an appeal is allowed on the grounds that the court made an error both in matters of fact (regarding the establishment of circumstances in the case) and in matters of law (in the incorrect application of substantive or procedural law). Lawyers provide an approximate list of definitions that can be challenged by filing a private appeal:

1. Resolution refusing to file an application in the case.
2. Resolution on the court's failure to provide an explanation of the case.
3. Decree on closure of civil proceedings.
4. Decree to terminate civil proceedings for an indefinite period.
5. Resolution to extend or refuse to extend the procedural period.
6. Resolution on appointment of examination.
7. Resolution on the distribution of court fees.

Consideration of private complaints is carried out without the presence of the parties and other interested parties (witnesses, translators, prosecutor, etc.).

Civil Procedure Code - procedure for filing a private complaint: form, deadline and subjects of appeal

Must be in writing. The text must meet certain requirements: correct structure (introductory, descriptive and concluding parts), official business style, the presence of the necessary details (signatures), clarity and conciseness of the text, absence of jargon and obscene language, a comprehensive statement of requirements. The role of the last point is that the court, when considering a complaint, is guided only by the specified requirements.

The deadline for filing an appeal against a court ruling is 15 days from the date of such decision. However, if for good reasons the person was unable to file a complaint, the court may extend this period. Such reasons include: negligence of the court secretary, malfunctions of judicial equipment, serious illness, business trip and difficult family circumstances of the applicant.

Subjects of the presentation private complaints against a court ruling in accordance with the Civil Procedure Code are:

1. Plaintiff (his representative).
2. Defendant (his representative). When submitting an application, representatives of both parties must present documents confirming their right to carry out procedural actions (power of attorney, charter of a legal entity).
3. Third parties who took part in civil proceedings in this case, if the appealed decision concerns their rights and obligations.
4. Persons who did not take part in the trial, but the appealed determination concerns their rights and obligations.

Private complaint against a court ruling The prosecutor, guardianship and trusteeship authorities, state authorities and local governments can also file.

Advice from lawyers on filing a private appeal against a court ruling

1. Citizens are required to submit an application to the court that heard the case for the first time. This is due to the fact that the court of first instance first checks the complaint for the presence of all additions, details and substantiated evidence.
2. This category of statements (privacy of the complaint) is not burdened by state taxes and court fees.
3. The person who filed a private complaint may supplement, change, or refuse it in whole or in a certain part.
4. After checking the filed complaint, the court of first instance either automatically forwards it to a higher court (which it informs the applicant by registered mail or telegram), or sends the complaint back to the sender. If the complaint is returned to the applicant, the court must indicate the reasons for its return.
5. Citizens must remember that the court does not have the right to refuse a person to file a complaint.
6. Applicants are advised to use the standard template private complaint against a court ruling.
7. The ruling is not the main final decision in civil proceedings, since its adoption resolves intermediate issues (conducting an examination, suspending the case, updating the procedural deadline), and therefore, when filing a private complaint, the applicant can file an appeal against the court decision.
8. Citizens may file a private complaint with the court by mail, email, fax, or in person at the court office. After successfully registering a complaint in the court office, the applicant should receive a notification about the consideration of the complaint within 5 days.

A complaint against a court ruling is a document whose purpose is aimed at protecting and protecting the interests of citizens and other persons (corporations, foreigners, etc.). The presence of this form of appeal is due to the adoption of erroneous court decisions based on subjective and unfounded evidence, bribed testimony of witnesses and other illegal factors. Such cases are not isolated, and therefore persons interested in making a fair and transparent decision must respond to them by submitting complaints.

Sample private complaint against a district court ruling

To the Kaluga Regional Court

Kaluga, st. Bauman, 19

Plaintiff: GBUZ KO "Central Regional Hospital of Kozelsky District"

Kaluga region, Kozelsk, st. Sovetskaya, 24

Defendant: Nadezhda Petrovna Ivanova

Kaluga region, city Kozelsk st. Serova, 8, apt. 1

Department of Social Protection of the Population

administration of the MR "Kozelsky district"

Kaluga region, Kozelsk, st. Chkalova, 9

for a ruling by the Kozelsky District Court of the Kaluga Region

on the distribution of legal costs when ordering an examination

By the ruling of the Kozelsky District Court of the Kaluga Region dated November 2, 2017, when considering civil case No. 1 - 1 - 111/2017 on the claim of the State Budgetary Institution of the Kozelsky District Central Regional Hospital against the defendant N.P. Ivanova. on eliminating obstacles to the use of residential premises located at the address: Kaluga region, Kozelsk, st. Serova, 8, apt. 2, owned by right of ownership of the incapacitated L.P. Pankratova. (hereinafter referred to as residential premises), a forensic technical examination was appointed (Appendix No. 1).

The following questions were raised by the court for the resolution of the experts.

1. Has there been any refurbishment of the living space?

2. What are the financial costs incurred by the defendant in equipping the residential premises?

3. What is the market value of residential premises?

I believe that by ruling on the appointment of a forensic technical examination and by partially imposing legal costs on me for its conduct, the court violated my rights under the Code of Civil Procedure of the Russian Federation.

Thus, according to paragraph 1 of Article 79 of the Code of Civil Procedure of the Russian Federation, a forensic examination in the process of considering a civil case is appointed to consider issues that require special knowledge in various fields of science, technology, and craft.

By virtue of paragraph 2 of Article 79 of the Code of Civil Procedure, each of the parties and other persons participating in the case has the right to present to the court issues to be resolved during the examination, and also to request that an examination be appointed at a specific forensic institution.

Meanwhile, in violation of the said legal norm, the range of issues to be resolved during the examination was not discussed with me at the court hearing; the court did not provide me with the opportunity to present the issues to be resolved to the court and ask the court to carry out an examination in a specific forensic institution.

The ruling on the appointment of an examination by the court must indicate the facts to confirm or refute which the examination is appointed. The court, in violation of the requirements of paragraph 1 of Article 80 of the Code of Civil Procedure of the Russian Federation, did not indicate in its ruling which facts should be confirmed or refuted by the examination.

Meanwhile, I recognized the fact of re-equipment (repair) of the residential premises, which I indicated in writing in my response to the statement of claim. In addition, this fact is partially confirmed by the report in the case of the inspection of L.P. Pankratova’s residential premises, presented to the court by the plaintiff.

By virtue of clause 2 of Article 68 of the Code of Civil Procedure of the Russian Federation, recognition by a party of the circumstances on which the other party bases its demands or objections frees the latter from the need to further prove these circumstances.

In this regard, I believe that the question posed by the court to the experts about the refurbishment of the living space should be excluded from the determination on the appointment of the examination, since this fact has already been established by the court.

Question to experts about determining the market value of L.P. Pankratova’s apartment. I consider it irrelevant for the following reasons.

The plaintiff filed a negative demand to bring Pankratova’s apartment to the condition in which the apartment was before its refurbishment (repair). I actually acknowledged this requirement in my response to the statement of claim with the caveat that bringing the apartment to its previous condition would worsen the living conditions of the incapacitated L.P. Pankratova. Meanwhile, if the plaintiff insists on his demands, I will fulfill them.

If the plaintiff is interested in the market value of L.P. Pankratova’s residential premises, he has the right to establish it independently by contacting the appropriate expert institution without using the judicial procedure.

For similar reasons, I consider the question to the experts about the financial costs that I incurred in equipping (repairing) L.P. Pankratova’s residential premises to be untenable and irrelevant.

I know the answer to this question and it is not connected with the plaintiff’s claim to bring Pankratova’s apartment to its original condition, since if the claim is satisfied, I, as a bona fide owner, in accordance with Article 303 of the Civil Code of the Russian Federation, have the right to retain all the separable improvements I have made to Pankratova’s property L.P.

As for the inseparable improvements to Pankratova’s property, I have not yet made any demands on the owner to reimburse the costs of these improvements. Therefore, I consider the question about the cost of these costs to be premature.

In the ruling on ordering an examination, the court resolved the issue of payment of legal expenses - the costs of conducting the examination and distributed them between the plaintiff and the defendant in equal shares.

I consider this court decision to be illegal and contrary to the Code of Civil Procedure of the Russian Federation.

By virtue of paragraph 1 of Article 96 of the Code of Civil Procedure of the Russian Federation, amounts of money to be paid to experts are paid by the party that made the corresponding request.

I did not make any requests or motions to order an examination to the court. The initiative to appoint an examination came from the plaintiff. Therefore, according to the law, the amounts to be paid to the experts must be paid by the plaintiff in full.

In violation of the requirements of Art. 225, paragraph 1, paragraph 7, the court did not explain to me the right and procedure for appealing the court’s ruling on the appointment of an examination and the distribution of legal costs.

Meanwhile, in accordance with Article 104 of the Code of Civil Procedure of the Russian Federation, a private complaint may be filed against a court ruling on issues related to legal costs, which include amounts payable to experts.

Based on the above, guided by Articles 104, 331, 332 and 334 of the Code of Civil Procedure of the Russian Federation,

The ruling of the Kozelsky District Court dated November 2, 2017 on the appointment of a forensic technical examination is canceled in full or in part of the distribution between the parties of legal costs to be paid to the experts, entrusting their payment in full to the plaintiff.

1. Ruling of the Kozelsky District Court of the Kaluga Region dated November 2, 2017 on the appointment of a forensic technical examination (copy) for 1 page.

2. Copies of a private complaint according to the number of persons involved in the case, 4 pages.

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A private complaint is filed against rulings if this is specifically provided for in the Civil Procedure Code of the Russian Federation, or the appealed ruling creates obstacles to further proceedings in the case. Private complaints are filed with the court, which heard the case at first instance. If the applicant missed the deadline for filing a private complaint, it can be restored; for this, a petition should be drawn up to restore the deadline.

What civil court rulings can be appealed?

In general, all court decisions can be appealed to higher authorities. However, each case has its own. a specific procedure for such an appeal.

A private complaint is filed against court rulings in cases where such an appeal procedure is specifically provided for by the Code of Civil Procedure of the Russian Federation or the ruling precludes further progress of the case. (Article 331 of the Code of Civil Procedure of the Russian Federation).

In other cases, you can appeal the ruling in the text of the appeal against the court decision, indicating your disagreement with the actions of the court, formalized by the ruling in the form of your objections.

A complete list of determinations subject to appeal is given in a separate article.

Note!

Drawing up a private complaint

The header of a private complaint indicates the name of the court that will consider it and the details of the applicant.

It is necessary to indicate the name of your appeal to the court - Private complaint against a court ruling

The text of the complaint must indicate the details of the appealed determination, the requirement to cancel or change the determination and the grounds for the appeal. The content of a private complaint must meet the requirements of the article of the Code of Civil Procedure of the Russian Federation.

A private complaint is accompanied by its copies according to the number of persons participating in the case.

Filing and consideration of a private complaint

An appeal against a court ruling is filed with the court of first instance. A private complaint is filed without paying a state fee.

The court of 1st instance may leave your complaint without progress or return it. Illegal actions of the court of 1st instance related to the acceptance of a private complaint can also be appealed by a private complaint in the general manner.

The procedure for considering private complaints is established by the article of the Code of Civil Procedure of the Russian Federation. The main feature of the consideration of private complaints is that they are considered without notifying or summoning the participants in the civil process. That is, you will not be able to give oral explanations and present any of your arguments to the court. Therefore, a private complaint should be as detailed as possible.

The following definitions, as an exception to the general rule, are considered with notice:

• on suspension of proceedings in the case,
• on termination of proceedings in the case,
• about leaving the application without consideration,
• on the satisfaction or refusal of the application,
• submissions for review of court decisions based on newly discovered or new circumstances,
• on forced execution or refusal to enforce a decision of a foreign court, on recognition or refusal to recognize a decision of a foreign court, on recognition and execution or refusal to recognize and enforce decisions of foreign arbitration courts (arbitrations),
• on the cancellation of an arbitration court decision or refusal to cancel an arbitration court decision, on the issuance of a writ of execution for the forced execution of an arbitration court decision or on the refusal to issue a writ of execution for the forced execution of an arbitration court decision.

Sample private complaint

IN ____________________________

(name of court of 2nd instance)

From: __________________________

(full name, address)

Private complaint against the court's ruling in the case

“___”_________ ____ the court issued a ruling in a civil case on the claim of _________ (full name of the plaintiff) to _________ (full name of the defendant) about _________ (indicate the essence of the claims) about _________ (indicate what issue was resolved by the court ruling).

I believe that the court’s ruling is illegal for the following reasons _________ (indicate what the applicant disagrees with in the ruling, why he considers the ruling illegal, which laws were applied incorrectly by the court).

Based on the above, guided by the articles of the Civil Procedure Code of the Russian Federation,

1. Cancel the ruling of _________ (name of the court) dated “___”_________ ____ in a civil case on the claim of _________ (full name of the plaintiff) to _________ (full name of the defendant) about _________ (essence of the claims).
2. Adopt a new definition that _________ (indicate how the case should be resolved in the appellate instance).

List of documents attached to the complaint (copies according to the number of persons participating in the case):

1. Copy of private complaint

Date of filing the complaint “___”_________ ____

Applicant's signature _______