Many people have a situation when it is necessary to defend their rights in court. But what if, in your opinion, the court made the wrong decision? There is a possibility to appeal against it, up to an appeal to the Supreme Court of the Russian Federation. But in situations where the court decision, in your opinion, does not coincide with the Constitution, there is an even higher instance - the Constitutional Court. How to write a complaint there?
It is necessary
the decision of the court that you are going to appeal
Instructions
Step 1
If you do not have sufficient legal knowledge to file a complaint with reference to specific laws, find a suitable lawyer. This can be done using various directories with the names of organizations in your city. However, before contacting a specific law firm, check with them in person or by phone if they have experience in handling such complaints.
A complaint prepared by a professional lawyer will increase your chances of getting it resolved. Since incorrectly drawn up documents simply will not reach the court and will be rejected by the Secretariat of the Constitutional Court.
Step 2
However, control the quality of the lawyer's work. A properly written complaint should point to a specific article of the constitution that you think or your lawyer thinks does not correspond to a lower court decision. This will give it a specific character.
Also, in the complaint, it is imperative to indicate your last name, first name and patronymic, the name of the court whose decision you want to challenge, and clearly state your position - explain point by point where you disagree with the decision.
Step 3
Although the norms of case law have not been formally adopted in Russia, it would be useful to indicate in the complaint similar court proceedings and their result. It is also possible to point to the experience of the European Court of Human Rights on similar issues.
Step 4
Attach the necessary documents to the complaint - a receipt for payment of the state fee (it is 300 rubles for 2011) and a copy of the court decision that you are challenging. If you are represented in court by a lawyer, you must also attach a power of attorney confirming his legal authority.
Step 5
Send the prepared package of documents pole three sets of copies to the address of the Secretariat of the Constitutional Court.
