Many people have a situation when it is necessary to assert their rights in court. But what if, in your opinion, the court made the wrong decision? There is a possibility to appeal it, up to appeal to the Supreme Court of the Russian Federation. But in those 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?
You will need
- The court decision that you are going to appeal.
Instruction manual
1
If you do not have sufficient legal knowledge to write 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 filing such complaints.
A complaint prepared by a professional lawyer will increase your chances of considering it. Since incorrectly drawn up documents simply will not reach the court and will be rejected by the secretariat of the Constitutional Court.
2
However, control the quality of the lawyer's work. A properly drawn up complaint should include a reference to a specific article of the constitution, which, in your opinion or in the opinion of your lawyer, does not correspond to a court decision made by a lower court. This will give her a specific character.
Also, in the complaint, it is necessary 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 what you do not agree with the decision.
3
Although case law has not been formally adopted in Russia, it would be useful to indicate similar lawsuits and their outcome in a complaint. It is also possible to point out the experience of the European Court of Human Rights on similar issues.
4
Attach the necessary documents to the complaint - a receipt on the payment of the state duty (300 rubles for 2011) and a copy of the court decision that you dispute. If a lawyer will represent you in court, you must also attach a power of attorney, which confirms his legal authority.
5
Send the prepared package of documents pole three sets of copies to the address of the secretariat of the Constitutional Court.
