How much does an appeal in a civil case cost?

The decisions and conclusions of the draft commission may be appealed. This right is granted to citizens under Art. 46 of the Constitution of the Russian Federation and enshrined in the Federal Laws “On Military Duty and Military Service” and “On Alternative Civil Service”.

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When is a complaint against the draft board necessary?

A complaint against the draft commission is needed in case of disagreement with the decision made and can be filed against the following decisions of the commission:

• about conscription
• on referral (refusal to referral) to alternative civil service
• on refusal to grant a deferment from conscription for military service
• on exemption from conscription and from military service
• about enlistment
• on assignment of a certain category of suitability for military service
• on recognizing a citizen as having failed military service without legal grounds.

In addition, from September 1, 2021, citizens have the right to waive their right to a deferment or exemption from military service. This right is granted to full-time students, siblings and sons of military personnel who died in the performance of military duty, and persons with an academic degree. Failure to satisfy a citizen's application to waive this right can also be appealed.

How to restore the appeal period if it has expired

An important advantage of the appellate court is the opportunity to present additional materials that, for good reasons, were not provided at the first hearing. This approach should be assessed positively, because new evidence in the case can play a decisive role in the consideration of the appeal in a criminal case.

But what to do if the deadline is missed?

1. Challenge the decision in cassation,
2. Submit a written request to restore the right to challenge if the applicant has objective reasons for missing it.

The second option may include:

• the person did not receive a copy of the decision on time and was not present during the trial;
• serious illness (especially if the person was in a hospital setting);
• business trip to another region;
• illiteracy, which means the inability to read, write, and understand what is written (found among the indigenous peoples of the North and small nationalities);
• other reasons that, in the judge's opinion, may be considered worthy of consideration.

Note!

The petition is submitted to the court that issued the decision, and not to the appellate court. Supporting documents must be attached to it. If their production takes a long time, you can ask for a court hearing and present them there.

As for legal entities, there are no valid reasons for them to miss the appeal deadline. Firms must have permanent representatives who are responsible for its legal protection.

The same applies to individual entrepreneurs. Despite the fact that an individual entrepreneur is actually an ordinary citizen who may get sick or go on a business trip, he has no right to restore the missed deadlines for filing a complaint.

Where can a conscript complain?

Citizens have the right to appeal decisions of the draft commission out of court and in court, as well as by contacting the prosecutor's office. Before proceeding with the appeal procedure, it is necessary to obtain from the military commissariat an extract from the minutes of the meeting of the draft commission on the decision made.

To do this, you will need to write a written application for its issuance to the military registration and enlistment office. The extract will be issued to the citizen in person or sent by mail within five days from the receipt of the relevant application.

The extrajudicial appeal procedure involves sending a complaint to the draft commission of a constituent entity of the Russian Federation. If a military medical examination is contested, the application should be sent to a higher medical commission. It is worth noting that in some cases only a judicial procedure for resolving a dispute is established. For example, the validity of a refusal to replace military service with an alternative civilian one can only be considered by a court.

The judicial appeal procedure means preparing and filing an administrative claim demanding the cancellation of the decision of the draft commission. The claim is sent to the district court of general jurisdiction at the location of the authority or residence of the plaintiff.

A conscript can also protect his rights by sending a complaint to the district prosecutor's office. The prosecutor's office, which performs the function of supervising the implementation of legislation, considers citizens' appeals and, if violations are identified, makes a proposal to the draft commission to eliminate them.

Appellate instance, actions of a lawyer

The appellate authority is the district (city) court, which considers criminal cases on appeal based on complaints and submissions from the state prosecution against sentences and decisions of the magistrate court that have not entered into legal force. In the criminal procedure code, chapters 43,44,45.1 are devoted to this stage.

An appeal must be filed within ten days from the announcement of the verdict. Within the same period from the date of issuance, the decision of the magistrate to terminate the criminal case and his other decisions may be appealed.

The right to appeal a court verdict belongs to the convicted, acquitted, their defenders and legal representatives, the state prosecutor or a higher prosecutor, the victim and the lawyer for the victim. A civil plaintiff, a civil defendant or their representatives have the right to appeal a court decision insofar as it relates to the civil claim. The district judge alone hears the case on appeal.

The consideration of the appeal begins with a brief statement by the judge of the verdict and the merits of the complaint. Then the presiding officer listens to the arguments of the participants in the process. After this, the court proceeds to examine the evidence.

In the court of appeal, the parties have the right to petition to call new witnesses, conduct a forensic examination, and request material evidence and documents, the examination of which was denied to them by the magistrate. In this case, the appellate court does not have the right to refuse to satisfy the petition on the grounds that it was not satisfied by the court of first instance. Of course, requests must be justified and ultimately aimed at the correct resolution of the case. The debate between the parties ends the case, after which the court retires to the deliberation room.

Based on the results of the consideration of the criminal case, the appellate court makes one of the decisions:

• leaving the verdict of the court of first instance unchanged, and the appeal or submission not satisfied;
• reversal of the conviction of the court of first instance and acquittal of the defendant or termination of the criminal case;
• reversal of the acquittal of the court of first instance and the pronouncement of a guilty verdict if a prosecutor's proposal was submitted;
• changing the verdict of the court of first instance.

How to file a complaint against the military registration and enlistment commission?

A complaint against the military registration and enlistment office is made in writing and, as a rule, includes the following information:

1. name of the higher military commissariat or court, depending on where the application is sent
2. name of the military registration and enlistment office, the actions of whose officials are being appealed
3. information about the applicant (full name, address of place of registration and actual residence, telephone number, email address for prompt exchange of documents)
4. name of the document being appealed, its number and date of adoption
5. information about the violated rights and legitimate interests of the applicant or about the actions of officials that may lead to their violation
6. references to legal norms, compliance or non-compliance with which is subject to verification
7. substantiation of the complaint, arguments in favor of the applicant and the very demand for recognition as illegal and cancellation or change of the decision made
8. list of documents attached to the complaint

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How to file a complaint against the decision of the draft board?

A complaint against the decision of the draft commission is submitted in writing in person, by post, and when going to court, it can be submitted using the electronic portal “Justice”.

When submitting documents administratively, it is expressly necessary to prepare an application in two copies. This is necessary so that when the documents are accepted by the office of the draft commission of a constituent entity of the Russian Federation, a corresponding mark is made on one of the copies. In the future, a note on acceptance of the complaint may be required to confirm the fact of filing a complaint against the decision of the draft commission and the date of its filing. In the event of a judicial appeal, documents must be prepared in triplicate, since, in addition to the copy for the defendant, a package of documents for the court will be required. When sending documents by mail, evidence of filing a complaint will be a receipt with a shipping identification number and a list of attachments in the valuable letter.

In case of a judicial appeal, documents can also be submitted using the state automated system “Justice”. To send documents through the Internet portal, you will need to register with State Services.

How to calculate the period of appeal against a court decision in criminal proceedings

The countdown should begin on the day following the day the verdict was announced. It ends at 24 hours of the tenth day. If you cannot meet the deadline, you can first submit a short complaint, and then add to it.

Note! If the last day for filing an appeal falls on a weekend, the time for filing papers is extended and postponed to the next working day.

For example, on January 17, 2021, the court issued a ruling in a criminal case and issued it personally to Ivan Petrovich. On January 29, he decided to file an appeal. So, the first day for filing it will be January 18th. Based on the fact that the tenth day falls on Saturday, January 27, a complaint can be filed until January 29 inclusive.

Important!

In some cases, shortened deadlines for appealing court decisions are provided. If they provide for house arrest or detention, you can appeal no later than 3 days. It will be considered at an accelerated pace - only 3 days.

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Time limit for consideration of a complaint against a decision of the draft commission

A complaint against the decision of the draft commission can be filed within three months from the day the person learned or should have learned about the violation of his rights and legitimate interests. In administrative terms, the review period is five working days from the date of receipt of the application. A complaint against the decision of the draft commission in court must be considered within two months after the application is received by the court. In case of a complex administrative case, this period may be extended by no more than one month.

An important point is the fact that while the citizen’s application for disagreement with the actions of the draft commission is being considered, the execution of the previously made decision regarding the conscript is suspended. The period for appealing the conclusions of the medical commission does not affect the implementation of the decisions of the draft commission, therefore, if the goal is to appeal specifically against conscription for military service, then the complaint should be filed regarding the actions of the draft commission of the military registration and enlistment office.

General deadlines for filing an appeal in a criminal case

Meeting the application deadline is perhaps the key point in the entire appeal process. Failure to file a complaint within the time period allotted by law will result in it being left without consideration.

According to the Code of Criminal Procedure of the Russian Federation, the period is 10 days, and it is calculated differently for different categories of convicts. For persons at large, it begins to flow from the moment the court decision in a criminal case is announced, and for persons in custody - from the moment its copy is delivered.

A copy of the verdict is issued within 5 days from the date of announcement. In practice, this clause is often violated. It would be wrong to assume that the court’s delay in issuing a document will be sufficient grounds for reinstating the missed deadline. Be careful!

What to do if a conscript’s complaint is not satisfied?

A refusal to satisfy a conscript's complaint may be appealed. An application may be submitted to the court that has previously been considered and rejected administratively. The court decision can be appealed by filing an appeal to a higher court. The appeal must be filed before the court decision enters into legal force, that is, within a month from the date the decision is made in final form.

An appeal is filed through the court that made the decision. It must indicate the name of the court and the parties, the case number assigned by the court of first instance, an indication of the decision that is subject to appeal, the circumstances of the case indicating a violation of the rights of the plaintiff and demands for cancellation or change of the decision. In an appeal, one cannot refer to documents that were not examined by the court of first instance. It is permissible to add new evidence to the case only if it is justified that it was impossible to provide it earlier to a court of general jurisdiction.

How much do our lawyers' services cost?

Depending on the category of the dispute, its jurisdiction and the complexity of the legal process, the price for a lawyer’s services may vary

Civil lawyer in Moscow: prices for services in 2021

Criminal lawyer in Moscow: price of services in 2021