In what cases can an appeal be filed?

Cassation complaints, as mentioned above, are the third way to protect the violated rights of citizens after the court of first instance and appeal. According to the current legislation, the courts of cassation instances consider decisions made by the courts that have entered into force.

Filing a cassation complaint is a procedural action that gives a chance to cancel a court decision that has entered into force in the event that, when it was issued, the norms of substantive or procedural law were misinterpreted or violated.

It is important to say that in any branch of law (with the exception of the criminal process), procedural terms are of great importance. Missing the deadline may deprive a person in need of judicial protection of the right to appeal, and therefore the opportunity to restore their rights. At the same time, the time limits set for appealing court decisions in cassation vary by branch of law.

So, for example, in civil proceedings, this can be done within six months from the day the decision entered into force. At the same time, civil procedural legislation provides for the possibility of filing a cassation appeal only against those persons who have already tried other legal ways to protect violated rights, that is, the controversial decision was appealed in the courts of second instance. Or if the deadline for appeal was missed, and citizens applied to the court of second instance with a request to restore the deadline, but this was not done (i.e., a refusal was received). A similar term for cassation appeals is also established by the Code of Administrative Procedure.

In the arbitration process, a shorter period is set - not exceeding 2 months from the date of entry into force of the court decision, which is subject to appeal. In exceptional cases, for example, when a person missed the deadline for appealing due to the fact that he did not know and could not know about a court decision against him, the cassation complaint of such a person may be considered. But only if it is filed no later than 6 months from the date of entry into force of the court decision subject to appeal.

In criminal proceedings, there is no time limit for filing a cassation appeal. It should be noted that according to the results of the cassation consideration, the situation of the convict can be both improved and worsened.

It must also be said that the very essence of the cassation appeal is not to re-examine the case and change the already existing court decision, but to check the decision made in the part stated in the cassation appeal for compliance with its norms of law. That is, the court of cassation checks the lower judges for the correctness of their application of the law, and no evidence in the case is examined.

Who has the right to file an appeal?

Only a person whose interests are directly affected by the contested court decision has the right to file a cassation complaint. Thus, depending on the branch of law, it can be:

convict, victim, person in respect of whom the criminal prosecution;
plaintiff, defendant;
civil plaintiff, civil defendant in criminal proceedings;
prosecutor - if he was a participant in the trial in the court of the previous instance;
other persons who are not directly participants in the process, but whose rights are affected by this decision, and whose right to appeal is determined by the court.

It is important to emphasize that each of these persons has the right to appeal the decision only to the extent that affects his rights (with the exception of participants in the process). That is, for example, a civil plaintiff in a criminal proceeding has the right to cassate a court decision only in the part relating to the civil suit. As for the general decision of the court in a criminal case, it has no right to appeal against it.

The court, for its part, has the right to consider the case only within the limits determined by the complaint. This means that if the court decision is challenged only in part, then the court of cassation does not have to and will not check the rest.

Where is an appeal filed?

No less relevant is the question of where the cassation appeal is filed. If you follow the general rule, then such a complaint is filed with a court authorized to consider cases in cassation. And here everything also depends on the type of legal proceedings.

In the civil process, everything is quite simple and already familiar to many. The cassation is submitted to the judicial body, superior to the court of the previous instance. Thus, in accordance with Art. 377 of the Code of Civil Procedure of the Russian Federation, complaints against appeal rulings of courts of territories, regions, republics, autonomies, cities of federal significance are filed with the presidiums of the courts that issued them. Complaints against decisions of district courts and magistrates - there. If we talk about appeal rulings of such courts as district (naval) or military garrison ones, and about decisions that have entered into force, then a cassation complaint is filed with their presidiums. In situations where the appealed decision is issued by way of appeal by the presidiums of courts of territories, regions, republics, autonomies, etc., then it, like decisions that have entered into legal force, issued by way of first instance by district courts, is appealed by way of cassation proceedings in relevant collegiums of the Armed Forces of the Russian Federation.

Don't know your rights?

Cassations against decisions of the presidiums of district (naval) courts, as well as appeal decisions of district (naval) and garrison courts that have entered into force, are filed with the Collegium for Military Personnel of the Armed Forces of the Russian Federation in the third instance.

With regard to criminal proceedings, the situation is similar: either a higher court or its presidium will be recognized as a court of cassation. The appellate rulings of the courts of territories, regions, cities of federal significance, autonomies and republics, as well as the decisions of district courts that have entered into legal force, adopted by them in the first instance, are appealed to the presidium of the regional court. If the decisions that have entered into force were previously appealed in cassation in the courts listed above, then they, like other final decisions of the courts of the constituent entities, are appealed to the Collegium for Criminal Cases of the Armed Forces of the Russian Federation. Similar actions are taken in relation to decisions made by district (naval) courts - you need to apply to the presidium of the court that made the decision.

When it comes to arbitral tribunals Russian Federation, then their structure is somewhat different from the structure of courts of general jurisdiction, so it will be somewhat more difficult to figure out where to turn. Currently, 10 federal arbitration courts of districts operate on the territory of the Russian Federation - and it is to one of them that you will need to file a complaint against the decision of the arbitration court. Depending on which district your region belongs to (Central, Far East, West Siberian, Moscow, Volga, etc.), the federal arbitration court of the district that will consider the cassation filed by you is determined. It should be noted that, unlike civil and criminal proceedings, in which a cassation complaint is filed with the courts of cassation instances, cassation complaints against decisions of arbitration courts are filed through the same court (i.e., the one that issued the disputed decision).

What is included in the appeal?

According to the law, the cassation complaint contains the following mandatory data:

the name of the court (the one to which the complaint is addressed);
the name and place of residence of the citizen who filed the complaint, as well as his status in the process;
an indication of the decision made by the court, subject to verification;
substantiation of the position of the applicant (here it is necessary to indicate why the citizen considers the decision illegal, with references to the relevant regulations);
a listing of all documents attached to the complaint;
signature of the person or his representative (in the second case, a power of attorney to represent interests must be attached to the complaint).

It is not difficult to imagine how a cassation appeal looks like, based on the foregoing, but for clarity, we offer the simplest example of a cassation appeal.

Sample cassation complaint

Presidium of the Regional Court of the Khabarovsk Territory

680000, Khabarovsk, st. Lenina, 19

From the plaintiff Ivanova Vera Mikhailovna

680000, Khabarovsk, st. Stepnaya, d. 2, apt. 12

APPEAL

On October 10, 2017, the District Court of the Khabarovsk Territory in the first instance considered case No. 1111, initiated on a claim for termination of the contract for the provision of services from Ivanova V.M. to Mikhailova D.R. By decision of the court of first instance, a complete refusal to satisfy the claims was received.

In his statement of claim, the plaintiff asked to terminate the prisoner between her and Mikhailova D.R. contract for the provision of residential cleaning services, citing the fact that the defendant grossly violated the terms of such an agreement. Namely: she did not fulfill her duties on November 13, 2017, which is a violation of clause 2.1. concluded agreement. The courts of first and second instances refused to satisfy the claims, referring to the fact that there are no grounds for unilateral termination of the contract, since a one-time failure to fulfill the terms of the contract by the defendant cannot be considered a significant violation, in accordance with civil law.

On January 20, 2018, the Khabarovsk Regional Court, considering the case on appeal, issued a decision to uphold the decision of the court of first instance appealed by me in case No. 1111 on the claim for termination of the contract for the provision of services from Ivanova V.M. to Mikhailova D.R.

Based on the meaning of Art. 450 of the Civil Code of the Russian Federation, I consider the decision made by the court illegal. In connection with what

PLEASE COURT

the above decisions of the courts of first and second instances are annulled and the case is sent for reconsideration to the court of first instance.

Applications:

Copies of decisions of the courts of first and appeal instances.
A document confirming the payment of state duty.

Signature: (personal signature) Ivanova V.M.

Participants in the trial do not always agree with the decision of the court for a variety of reasons. With the help of cassation, it is possible to change a court decision that has entered into force, however, for this it will be necessary to present arguments for a violation of substantive or procedural law, or for a misinterpretation of the decision. Depending on the type of cassation, there are different deadlines for appealing. A cassation appeal is a document that allows you to apply for a review of a court decision.

Purpose of the appeal

The purpose of any cassation appeal is to restore the rights of a party to the trial, if the applicant is convinced that the rights have been violated. The document is drawn up only at a certain stage of the proceedings:

At the beginning, the applicant applies to the court of first instance.
After receiving the verdict, an appeal is filed.
If the result of the consideration of the appeal does not satisfy the applicant, a cassation complaint is filed.

A distinctive feature of the document is the possibility of submitting it only after the decision of the judge has entered into force.

Even when a court decision that does not take into account the interests of the applicant has already been issued, the latter has the right to initiate the process of restoring the right through cassation. In order for the appeal for a review of the sentence to be successful, you need to know and follow the rules for filing a cassation appeal.

Submission deadlines

One of the most important parameters in the procedure for filing a cassation complaint is the time limit for appealing against a decision, which will depend on the area of law applied:

for a civil claim, a period of 6 months is provided after the entry into force of the court decision;
within the framework of the arbitration court, the term for filing a cassation is only 2 months;
There are no time limits for filing a criminal complaint.

It should be understood that filing a cassation complaint does not guarantee satisfaction of the applicant's wishes. The judge during the second consideration may make a decision not in favor of the applied citizen.

Place of appeal

You need to file a complaint with a court that works in a certain area of \u200b\u200blaw.

In the case of filing a complaint in a civil case, the applicant applies to a higher court. According to the provisions of Art. 377 Code of Civil Procedure of the Russian Federation, the complaint is filed with the presidium of the court, which considered the case the day before.

The appeal of the naval or garrison court is referred to the presidium of the competent district court. Criminal proceedings are also considered by a higher instance or presidium. After the circumstances of the criminal case are considered in court, a citizen has the right to apply to a collegium specializing in criminal offenses.

Revision of the terms of cassation for an arbitration court is possible when applying to one of the 10 arbitration courts located on the territory of the Russian Federation.

Document formatting requirements

If a citizen does not have experience in drafting such papers, the best option would be to involve professional lawyers in preparing the paper.

To avoid errors in the procedure for filing a complaint, you can check the sample, which should be on the information stand of the court that will consider the case.

In the complaint, the citizen must indicate:

the exact name of the instance;
address, full name of the applicant, status of the represented party;
reference to a document that was previously accepted by the court;
an indication of the reasons that allow us to draw conclusions about the illegality and injustice of the decision;
attachments of documents confirming the appeal;
the signature of the plaintiff or representative, in the latter case, in addition to the main package of documents, a power of attorney must be provided.

Compilation procedure

When preparing a cassation complaint for submission to the court, it is recommended to follow this sequence:

Indicate the date of compilation and the addressee (the exact name of the judicial authority).
Enter information about the parties to the process - information about the plaintiff and the defendant.
Enter information about a previous court decision.
Further, they are informed about the filing of the appeal, the name of the authority that considered it and the result of the consideration.
Further in the text, the plaintiff must give strong arguments forcing him to disagree with the adopted resolution, referring to specific provisions of the law.
In the main part, the applicant expresses his complaint, asking the authority responsible for considering the cassation appeal to decide on the cancellation or amendment of the earlier decision.
The document must be supplemented with appendices related to the essence of the appeal: a copy of the cassation appeal, a payment document confirming the payment of the fee, documentary evidence of the illegality of the decision adopted.

On the video about the procedure for filing a cassation complaint

The correctness of the document and the arguments given in it, proving the incorrectness of the court decision, will later become the key to the successful completion of the process in favor of the applicant. To competently draw up a document, you must have certain legal knowledge in the field of filing claims and the features of the procedure. If you have doubts about your abilities, it is recommended to involve an experienced lawyer who will help bring the case to the end.

Cassation complaints are a way to protect the violated rights of citizens after the court of first instance and appeal. According to the current legislation, the courts of cassation instances consider decisions made by the courts that have entered into force.

The filing of a cassation complaint is a procedural action that allows you to cancel a court decision that has entered into force in the event that, when it was issued, the norms of substantive or procedural law were misinterpreted or violated.

It is important to say that procedural terms are of great importance in any branch of law. Missing the deadline may deprive a person in need of judicial protection of the right to appeal, and, consequently, the opportunity to restore their rights. At the same time, the time limits set for appealing court decisions in cassation vary by branch of law.

So, for example, in civil proceedings, this can be done within six months from the day the decision came into force. At the same time, civil law provides for the possibility of filing a cassation appeal only against those persons who have already tried other legal ways to protect violated rights, that is, the controversial decision was appealed in the courts of second instance. Or if the deadline for appeal was missed, and citizens applied to the court of second instance with a request to restore the deadline, but this was not done (i.e., a refusal was received).

In the arbitration process, a shorter period is set - not exceeding 2 months from the date of entry into force of the court decision, which is subject to appeal. In exceptional cases, for example, when a person missed the deadline for appealing due to the fact that he did not know and could not know about a court decision against him, the cassation appeal of such a person may be considered. But only if it is filed no later than 6 months from the date of entry into force of the court decision subject to appeal.

Only a person whose interests are directly affected by the contested court decision has the right to file a cassation complaint. Thus, depending on the branch of law, it can be:

A convicted person, a victim, a person against whom criminal prosecution has been terminated;
plaintiff, defendant;
civil plaintiff, civil defendant in criminal proceedings;
the prosecutor - if he was a participant in the trial in the court of the previous instance;
other persons who are not directly participants in the process, but whose rights are affected by this decision, and whose right to appeal is determined by the court.

It is important to emphasize that each of these persons has the right to appeal the decision only to the extent that affects his rights (with the exception of participants in the process). That is, for example, a civil plaintiff in a criminal proceeding has the right to cassate a court decision only in the part relating to the civil suit. With regard to the general decision of the court in a criminal case, he has no right to appeal against it.

In the civil process, everything is quite simple and already familiar to many. The cassation is filed with the judicial authority higher than the court of the previous instance. Thus, in accordance with Art. 377 of the Code of Civil Procedure of the Russian Federation, complaints against appeal decisions of courts of territories, regions, republics, autonomies, cities of federal significance, as well as district courts and rulings issued by justice of the peace courts are filed with the presidiums of the courts that issued them. If we talk about appeal decisions of such courts as district (naval) or military garrison ones, and about decisions that have entered into force, then the cassation appeal is filed with the presidiums of the respective district courts. In situations where the appealed decision is issued by way of appeal by the presidiums of courts of territories, regions, republics, autonomies, etc., then it, like decisions that have entered into legal force, issued by way of first instance by district courts, is appealed by way of cassation proceedings in relevant collegiums of the Armed Forces of the Russian Federation.

With regard to criminal proceedings, the situation is similar: either a higher court or its presidium will be recognized as a court of cassation. Decisions of courts of territories, regions, cities of federal significance, autonomies and republics, as well as decisions of district courts that have entered into legal force, are appealed to the presidium of the corresponding court. If the decisions that have entered into force were previously appealed in cassation in the courts listed above, then they, like other final decisions of the courts of the constituent entities, are appealed to the Collegium for Criminal Cases of the Armed Forces of the Russian Federation. Similar actions are taken in relation to decisions made by the district (naval) courts - you need to apply to the district court.

If we talk about the arbitration courts of the Russian Federation, then their structure is somewhat different from the structure of courts of general jurisdiction, so it will be somewhat more difficult to figure out where to apply. Currently, 10 federal arbitration courts of districts are operating in the Russian Federation - and it is to one of them that you will need to file a complaint against the decision of the arbitration court. Depending on which district your region belongs to (Central, Far East, West Siberian, Moscow, Volga, etc.), the federal arbitration court of the district that will consider the cassation filed by you is determined. It should be noted that, unlike civil and criminal proceedings, in which a cassation complaint is filed with the courts of cassation instances, cassation complaints against decisions of arbitration courts are filed through the same court (i.e., the one that issued the disputed decision).

According to the law, the cassation complaint contains the following mandatory data:

Name of the court (the one to which the complaint is addressed);
the name and place of residence of the citizen who filed the complaint, as well as his status in the process;
an indication of the decision made by the court, subject to verification;
justification of the position of the applicant (here it is necessary to indicate why the citizen considers the decision illegal, with references to the relevant regulatory legal acts);
a listing of all documents attached to the complaint;
signature of the person or his representative (in the second case, a power of attorney to represent interests must be attached to the complaint).

Complaint to the Court of Cassation

A cassation appeal to a court is a complaint that is filed against a court decision or ruling that has not yet entered into force. It can be submitted by a person who has the right to do so through the court that issued the sentence or decision, or directly to the cassation instance.

In a civil case, a complaint may be filed with the court of cassation within ten days after the announcement of the final judgment; at the arbitration court within one month after the entry into force of the judgment or decision of the arbitration court; in criminal cases within seven days after the announcement of the verdict, and convicts who are in custody may file a complaint within the same time frame on the same day after serving a copy of the decision.

Complaints to the court of cassation are filed in order to correct mistakes that the court can make in the course of considering and resolving civil cases. Appeal to the Court of Cassation of court rulings and decisions that have not yet entered into force is basically accessible and fast way check the legitimacy of the judgment.

If a cassation appeal is filed in compliance with the established rules and within the specified time limits, then you will thereby ensure yourself the obligatory consideration of a civil case by the cassation instance. The following parties may file a complaint with the court of cassation against a court verdict that has not entered into legal force: the applicants, third parties, the prosecutor and other participants in the trial.

In the cassation instance, all court decisions can be appealed, with the exception of the decisions of the justice of the peace. The cassation instance is obliged to check the arguments of the cassation appeal and, of course, to check the legality and correctness of the decision from the legal and factual side. A cassation appeal is entitled to be filed by all persons who have participated in the case since the final decision of the court. Only persons who participated in this case, the successors of the parties and third parties can file a cassation appeal.

On the basis of a power of attorney issued by the person represented, a lawyer or a court representative may file a complaint with the court of cassation. If a complaint is filed with the cassation court by a person who does not have the right to file it, the judge will decide to refuse to accept the cassation complaint because the procedural legislation regulates the rules for filing cassation complaints and this right belongs only to the parties and other persons who participated in this case .

A complaint to the court of cassation can be filed not only against the court decision as a whole, but it is also possible to file a complaint against part of it, for example, for the established period and procedure for the execution of the decision by the parties. And on other issues. Also, the reasoning part of the decision of the cassation appeal can be an independent subject and regardless of whether the conclusions about any facts set out in the decision had any effect on the decision of the case on the merits. Participants in a case may file a complaint with the court of cassation and against an additional decision of the first stage court in an existing civil case.

An appeal may be filed with the Court of Cassation within ten days after the final decision of the court. If the complaint is filed with the court of cassation after the expiration of the regulated period, it remains without consideration and is returned to the person who filed this complaint. It is not possible to extend or shorten the time limit for lodging an appeal with the Court of Cassation. Persons who missed the deadline for filing a complaint for good reasons may restore this deadline.

The cassation complaint, which was received by the court after the restored period, will be considered after the decision of other cassation complaints. The cassation instance is obliged to accept such a complaint and consider it. Procedural law clearly regulates the procedure and deadline for filing a complaint with the court of cassation, as well as the requirements that apply to the mandatory form and content of the complaint. Do not forget that a complaint to the court of cassation is filed only through the court that made the decision.

The complaint to the court of cassation must have content that complies with procedural legislation.

The appeal must contain the following:

1. The name of the court to which the complaint is sent;
2. Full name and place of residence of the person who files the complaint with the court of cassation;
3. The specified decision of the court, which will be appealed in the cassation proceedings;
4. Requirements of the party that files a complaint with the cassation court addressed to the cassation instance;
5. The complaint must also indicate the grounds according to which the person considers the court decision to be incorrect;
6. The complaint to the court of cassation must have a list of evidence in the annex. It must be remembered that persons who file a cassation complaint must refer to new evidence and facts that have not previously been presented in court, and this evidence is accepted only if the complaint indicates that it was not possible to present this evidence earlier.

The cassation complaint must be signed by the person who files the complaint with the cassation court or by the person representing him or by the prosecutor. A cassation appeal filed by a representative must have a notarized power of attorney or other document that certifies the authority of the representative, if such authority is absent in the case.

A receipt for payment of the state fee must be attached to the cassation complaint, if the complaint requires payment upon filing.

Cassation complaints, which have attached written evidence, are submitted to the court with copies. The number of copies must correspond to the number of persons involved in the case.

Do not forget that when filing a complaint with the cassation court that does not meet the requirements specified in the law, as well as when filing a cassation complaint with unpaid state fees, the judge will issue a decision according to which the cassation complaint is left without consideration and the person who filed the complaint, a deadline is set for correcting the deficiencies.

When the person who filed the complaint complied with the instructions contained in the court ruling within the prescribed period, the cassation complaint will be considered filed on the day of the initial filing with the court. A private complaint can be filed against a judge's decision not to consider a cassation complaint, which must have the content and form in accordance with the procedural legislation.

If the person who filed the cassation complaint has not eliminated the shortcomings indicated by the court within the period allotted for this, the complaint shall be returned to the person.

Also, the complaint can be returned in the following cases:

Instructions of the judge, which are contained in the ruling on the suspension of the complaint, not fulfilled within the prescribed period;
the expiration of the appeal period, if the complaint does not contain a request for the restoration of the period, or its restoration is refused.

A cassation complaint may also be returned at the request of the person who filed the complaint, if the case was not sent to the cassation instance. The cassation complaint may be returned to the person who filed the complaint on the basis of the ruling of the first stage court. The person who filed the cassation appeal may appeal the said decision to a higher court.

Upon receipt of a cassation appeal, the court sends copies to the persons participating in the case and notifies them of the date of consideration of the appeal by the cassation court. Similarly, with the court of the first stage, persons who take part in the case under consideration can familiarize themselves in court with the case materials that were received with cassation complaints, with objections and presentations regarding the complaint. The persons participating in the case under consideration may object in writing to the complaint to the court of cassation and submit documents that will confirm this objection.

The person who filed the cassation appeal has the right to refuse the cassation appeal in writing in court before the court issues a relevant decision.

Similarly with the court of the first stage in the court of cassation, the plaintiff can refuse the claim or agree to a settlement agreement with the defendant. They must be expressed in writing in the court of cassation. The cassation instance will cancel the decision made by the court and terminate the proceedings. Based on the arguments that were set out in the cassation appeal, the cassation instance checks the validity of the verdict of the first stage court. The cassation instance, in accordance with the law, has the right to check in full the decision of the court of the first stage.

The cassation instance undertakes to consider the submitted case received in the complaint no later than within a month from the date of its filing. The Supreme Court of the Russian Federation is obliged to consider the case presented in the complaint to the cassation instance no later than two months from the date of filing the complaint. A complaint to the court of cassation in a case concerning the protection of the electoral rights to take part in a referendum of persons who are citizens of the Russian Federation, received by the court during the election campaign, referendum campaign before voting day, the court shall consider within five days from the date of receipt of the complaint.

A cassation appeal filed against the decision of the case on the registration of a candidate shall be considered by the court no later than one day before voting day.

Federal laws may establish deadlines for consideration of complaints filed in certain categories of cases in the cassation instance.

With regard to the proceedings on a cassation complaint in court, it is an integral stage of the civil process. The actions of the court and other participants in the process are based on the general rules of civil procedural law, which is in force in the courts of the first stage. At the same time, the cassation proceedings on a cassation complaint have their own specific features, the content and subject of the process, which differ from other stages of the civil process, which the plaintiff of the complaint and, accordingly, the person who is interested in canceling the decision or, conversely, the person filing an objection to the cassation complaint, interested in for the solution to persist.

The cassation proceedings regarding the cassation complaint have their own specifics, as a rule, they are faster and the principles of oral and immediacy are not fully observed because, as a rule, the cassation court analyzes the written materials of the case and the minutes of the court session and at the same time the appearance of the participants in the case not required.

An appeal to the cassation court shall be made at an open court session.

Persons who do not agree with the arguments of the cassation complaint have the right to write an objection to the complaint and apply to the court. As a rule, persons are given the opportunity to express the point of view of the opposite side, on what specific grounds they disagree with the arguments of the filed complaint against the consideration of the court of cassation.

Cassation appeal in a civil case

Judgments and rulings of the court that have entered into legal force may be appealed in the cassation procedure. Before filing a cassation complaint in a civil case, the decision must be necessarily appealed in the appeal procedure. The term for filing a cassation appeal against court decisions is 6 months from the date the court decision enters into force.

A cassation appeal in a case is filed directly with the court of cassation, that is, the presidium of the court of a constituent entity of the Russian Federation, and against their decisions to the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation. The content of the cassation appeal must comply with the requirements of Article 378 of the Civil Procedure Code of the Russian Federation. The complaint shall indicate the surnames, first names, patronymics, home addresses of all persons participating in the case.

In the cassation procedure, the correctness of the application and interpretation by the courts of the norms of substantive law and the norms of procedural law is checked, within the limits of the arguments of the cassation complaint. In the text of the complaint, it is advisable to specifically indicate what the significant violations of the norms of substantive or procedural law committed by the courts are, with reference to the relevant norms of the law.

The rules for filing a cassation appeal in a civil case are regulated by Article 377 of the Civil Procedure Code of Russia. According to this code, a cassation complaint (representation) is submitted directly to the court of cassation. At the same time, it is possible to appeal to the cassation instance all decisions of courts that have entered into force (district, regional, regional, etc.), with the exception of judicial decisions of the Supreme Court of the Russian Federation. In addition, before filing a cassation complaint in a civil case, the decision must be made in the appellate court without fail.

First you need to decide who has the right to file a cassation appeal. An appeal against a court decision that has entered into force in the cassation procedure can be:

One of the parties to the litigation;
Third parties whose interests are affected by this decision.

In addition, the following persons have the right to apply to the court of cassation with a motion to review court decisions that have entered into force, if a prosecutor has participated in the consideration of the case, have: the Prosecutor General of the Russian Federation and his deputies, prosecutors of republics, territories, regions, cities of federal significance, autonomous regions , autonomous districts, military districts (fleet).

The Presidium of the Supreme Court of the constituent entity of the Russian Federation considers cassation appeals against decisions:

Courts of district and regional level (territorial, regional, federal cities, etc.);
As well as in cases considered by magistrates and judicial bodies of first instance.

The Supreme Court of the Russian Federation considers cassation appeals against:

Resolutions of the presidiums of the supreme courts of the republics, regional and regional courts, courts of cities of federal significance, courts of the autonomous region, courts of autonomous districts;
determinations of district and district (naval) military courts, provided that these decisions were previously appealed to the relevant presidiums of regional supreme courts or to the presidium of the district (naval) military court.

The presidium of the district (naval) military court considers cassation complaints against:

Appellate rulings of district (naval) military courts;
definition of garrison military courts.

As for the timing, a cassation appeal in a civil case must be sent to the appropriate authority within 6 months from the date the court decision enters into force. At the same time, as mentioned earlier, before filing a cassation appeal, the applicant must exhaust other ways provided by law to appeal the court decision. That is, your complaint must first be considered on appeal. Violation of this condition is the basis for the return of a cassation complaint in a civil case without consideration on the merits.

In case of violation of this period, you have the opportunity to restore it. To do this, you must submit an appropriate application to the district court, attaching your cassation complaint to it. The term for a cassation appeal can be restored only if there are good reasons, which are understood as objective circumstances that prevented the timely filing of a complaint (serious illness, helpless condition, etc.). At the same time, it should be borne in mind that only those circumstances that occurred within 12 months from the date of entry into force of the disputed decision are subject to consideration.

The rules for filing a cassation appeal are established by Art. 378 Code of Civil Procedure. According to this article, your complaint must include the following information:

The name of the court to which it is filed;
the name of the person filing the complaint, presentation, his place of residence or location and procedural status in the case;
names of other persons participating in the case, their place of residence or location;
an indication of the courts that considered the case at the first, appeal or cassation instance, and the content of their decisions;
an indication of the court decisions that are being appealed;
an indication of what the significant violations of substantive law or procedural law norms committed by the courts that influenced the outcome of the case consist of, with arguments testifying to such violations;
the request of the person filing the complaint, representation.

If you were not directly involved in the court, then in your cassation complaint you must indicate the rights violated by the contested court decision.

The following must be attached to the appeal:

Copies of court decisions adopted in the case certified by the relevant court;
a document confirming the payment of the state fee.

Filing a cassation complaint

In accordance with Federal Law No. 353-FZ "On Amendments to the Civil Procedure Code of the Russian Federation", a new procedure for the cassation consideration of civil cases is being introduced in the Moscow City Court. Thus, judicial decisions that have entered into legal force can be appealed in the cassation procedure.

Cassation appeals and prosecutor's submissions that have not been considered on the date of entry into force of Federal Law No. 353-FZ "On Amendments to the Civil Procedure Code of the Russian Federation" are considered according to the rules in force on the day they were filed with the court of the appropriate instance.

Procedure and term for filing a cassation appeal or presentation:

1. A cassation appeal or presentation is filed directly with the court of cassation.
2. Judicial decisions may be appealed to the court of cassation within six months from the date of their entry into force, provided that other methods established by the Code of Civil Procedure of the Russian Federation for appealing a court decision have been exhausted before the day it enters into force (Article 376 of the Code of Civil Procedure of the Russian Federation) .

Requirements for the content of a cassation complaint, presentation (in accordance with Article 378 of the Code of Civil Procedure of the Russian Federation).

A cassation appeal or presentation must contain:

2) the name of the person filing the complaint, presentation, his place of residence or location and procedural status in the case;
4) an indication of the courts that considered the case in the first, appeal or cassation instance, and the content of their decisions;
5) an indication of the court decisions that are being appealed;
6) an indication of what the significant violations of substantive law or procedural law norms committed by the courts that influenced the outcome of the case consist of, with arguments testifying to such violations;
7) the request of the person filing the complaint, presentation.

The cassation complaint of a person who did not take part in the case must indicate what rights or legitimate interests of this person have been violated by a court decision that has entered into legal force.

If a cassation appeal or presentation was previously filed with the court of cassation, they must indicate the decision taken on the complaint or presentation. The cassation complaint must be signed by the person filing the complaint or his representative. The complaint filed by the representative shall be accompanied by a power of attorney or other document certifying the authority of the representative. The submission must be signed by the prosecutor.

The cassation appeal or presentation shall be accompanied by copies of court decisions adopted in the case certified by the appropriate court.

A cassation appeal or presentation shall be submitted with copies, the number of which corresponds to the number of persons participating in the case.

The cassation complaint must be accompanied by a document confirming the payment of the state fee in the cases, in the manner and amount established by law, or the right to receive benefits for the payment of the state fee, or court order on granting a deferral, installment payment or on reducing the amount of the state fee.

In accordance with Art. 390 Code of Civil Procedure of the Russian Federation, the court of cassation, having considered the cassation appeal, the presentation has the right:

1) to leave the decision of the court of the first, appellate or cassation instance unchanged, the cassation complaint, presentation without satisfaction;
2) cancel the decision of the court of the first, appellate or cassation instance in full or in part and send the case for a new trial to the appropriate court. When sending the case for a new trial, the court may indicate the need to consider the case in a different composition of judges;
3) cancel the decision of the court of the first, appellate or cassation instance in full or in part and leave the application without consideration or terminate the proceedings;
4) to leave in force one of the court rulings adopted in the case;
5) cancel or change the decision of the court of the first, appellate or cassation instance and adopt a new judicial decision without remitting the case for a new trial, if an error has been made in the application and (or) interpretation of substantive law;
6) to leave the cassation complaint, presentation without consideration on the merits if there are grounds provided for in Article 379.1 of the Code of Civil Procedure of the Russian Federation.

When considering a case in cassation, the court checks the correctness of the application and interpretation of the norms of substantive law and the norms of procedural law by the courts that considered the case, within the limits of the arguments of the cassation appeal or presentation. In the interests of legality, the court of cassation has the right to go beyond the arguments of the cassation appeal or presentation. At the same time, the court of cassation is not entitled to check the legality of judicial decisions in the part in which they are not appealed, as well as the legality of judicial decisions that are not appealed.

The court of cassation is not entitled to establish or consider proven circumstances that have not been established or were rejected by the court of the first or appellate instances, prejudge questions about the reliability or unreliability of this or that evidence, the advantage of some evidence over others and determine which court decision should be adopted in case of new trial.

The instructions of the higher court on the interpretation of the law are binding on the court re-hearing the case.

Deadlines for an appeal

Since the term for filing a cassation complaint today is not longer than the term of punishment, this procedure can be initiated at any time. However, the signing of this law makes it completely impossible to appeal to the European Court of Human Rights.

According to Article 35 of the Convention, consideration of the case can take place only when the existing possibilities for the protection of human rights in the home state have been exhausted.

Thus, the new provision, or rather, the loss of Article 401.3, part 3 of its force, allows the court to consider cases unreasonably long, which significantly postpones the moment when the convicted person applies to the Strasbourg Court.

There are provisions in the procedural code that determine the extension of the time limit for filing a cassation appeal. This procedure can be applied if there were any errors in the documents, when paying the state duty and other inaccuracies that need to be corrected. Correction of shortcomings usually takes more than one day, and all time frames are violated.

At the same time, the term for filing a cassation appeal is the same 6 months, that is, it does not change. The judge in such situations often meets the applicant halfway and extends the term for the required amount of time.

Suspension of terms is made at the request of the plaintiff or the court itself. This happens mainly in connection with the expectation of an important witness, with the onset of a certain date that matters in the trial, etc.

Cassation appeal against the ruling

Where to file a cassation complaint against an appeal ruling

The cassation appeal is submitted directly to the court of cassation, determined in accordance with paragraph 2 of Art. 377 Code of Civil Procedure of the Russian Federation. If, when filing a complaint, the rules of jurisdiction were not observed, such a complaint will be returned without consideration on the merits (subclause 5, clause 1, article 379.1 of the Code of Civil Procedure of the Russian Federation).

Similarly, in a criminal process, a cassation complaint must be submitted immediately to the court of cassation in the manner prescribed by Art. 401.3 Code of Criminal Procedure of the Russian Federation. Feature in this case is that the complaint can be considered at 2 levels of the cassation instance: first in the supreme courts of the constituent entities of the Russian Federation, and then in the Supreme Court of the Russian Federation, etc.

Deadline for filing a cassation complaint against an appeal ruling

The law establishes a 6-month period for contesting by way of cassation a court decision in a civil case that has received legal force (clause 2, article 376 of the Code of Civil Procedure of the Russian Federation). The calculation of such a period is tied to the moment the disputed decision enters into force.

If the court of appeal issued a ruling on the said case, then the countdown of 6 months for contestation begins on the day following the day of issuing such a ruling.

If in the case, by way of appeal, in addition to the main ruling, an additional ruling was issued, then the start of the contestation period must be timed to coincide with the date the additional ruling comes into force.

If within the allotted 6 months the cassation appeal was submitted to the court, but returned on the grounds listed in Art. 379.1 of the Code of Civil Procedure of the Russian Federation, the time spent on resolving the issue of returning the complaint is not excluded from the total period provided for appealing (clause 8 of resolution No. 29).

The term for filing a cassation appeal in a criminal case is not limited by law.

The cassation complaint against the appeal ruling, as well as against the ruling or decision that has received force, must have the following content (clause 1 of article 378 of the Code of Civil Procedure of the Russian Federation, clause 1 of article 401.4 of the Code of Criminal Procedure of the Russian Federation):

Name of the court of cassation;
the name, address of residence or location of the person filing the complaint, his procedural role;
names and addresses of other participants in the case;
a list of courts that examined the case in previous instances, as well as a brief summary of the judicial acts adopted by them;
list of disputed judicial acts;
grounds for contesting judicial acts, indicating specific errors in the interpretation and application of procedural and substantive law, which can be recognized as significant violations that affected the overall outcome of the case (it is necessary to provide arguments and arguments confirming the existence of these grounds);
a articulated request by the complainant, for example, to set aside a particular order or ruling, remand the case for retrial, etc.

The absence in the complaint of a request corresponding to the competence of the court of cassation entails the return of such a complaint without examination on the merits (paragraph 11 of resolution No. 29).

Art. 378 Code of Civil Procedure of the Russian Federation established a list of mandatory applications to the complaint:

Copies of such a complaint according to the number of participants;
copies of court decisions certified by the relevant judicial authorities;
document on payment of state duty;
power of attorney for a representative, if the complaint is filed through him.

According to paragraphs. 3–5 st. 401.4 of the Code of Criminal Procedure of the Russian Federation, the mandatory annexes to the complaint include only copies of the decisions on the case certified by the competent courts and the power of attorney for the representative.

Appeal to the Supreme Court

Filing a cassation appeal to the Supreme Court of the Russian Federation: procedure and deadlines

Before filing a complaint with the Supreme Court of the Russian Federation, it is necessary to go through the previous cassation instance, which is the presidium of the regional court (Article 377 of the Code of Civil Procedure of the Russian Federation, Article 401.3 of the Code of Criminal Procedure of the Russian Federation).

In civil proceedings, the single term for both stages of cassation is limited to 6 months. In criminal proceedings, the term is not limited (the norm is excluded from Article 401.2 of the Code of Criminal Procedure of the Russian Federation by Federal Law No. 518-FZ).

Before filing a complaint, you should take care to obtain court-certified copies of previous judicial acts in the case (Article 378 of the Code of Civil Procedure of the Russian Federation, Article 401.4 of the Code of Criminal Procedure of the Russian Federation). This requirement is due to the fact that a preliminary decision on the issue of transferring the case to the board for consideration or refusing to do so, as a rule, is made without reclamation of the case. The submitted materials should create a more or less complete and reliable picture of the violations committed by the lower courts.

For the same reason, it is permissible to attach additional materials in support of the stated arguments: minutes of court sessions, examined evidence (i.e., not new evidence), etc. New evidence may be presented by persons who were not involved in the case. The text of the complaint must comply with the same requirements that apply to a cassation complaint sent to the presidium of a regional court (Article 378 of the Code of Civil Procedure of the Russian Federation, Article 401.4 of the Code of Criminal Procedure of the Russian Federation).

Actions on the appeal

The issue of the possibility of further transfer of the complaint to the consideration of the collegium is resolved solely by the judge to whom it is submitted for study. A complaint may be examined with or without a citation. The term of its consideration in the first case is extended by 1 month.

The judge makes one of 2 rulings (decisions - in criminal proceedings):

About the transfer of the case;
refusal to refer the case to the board.

In the first case, the ruling (decree) is sent to the cassator, and the complaint with all the materials remains in court. In the second case, the cassation complaint is considered by the judicial composition of the collegium.

The refusal decision (resolution) may be appealed. A prerequisite for such a conclusion are the norms of Part 3 of Art. 401.8 of the Code of Criminal Procedure of the Russian Federation and paragraph 3 of Art. 381 Code of Civil Procedure of the Russian Federation, establishing special powers.

Powers of the Chairman of the Supreme Court of the Russian Federation on a cassation appeal

The head of the superior court or his deputy may:

Express disagreement with the opinion of a lower judge of the same court, cancel the judicial act and submit the cassation complaint together with the case for consideration by the relevant collegium;
extend the term for considering a complaint in a civil case up to a total of 5 months (clause 3, article 382 of the Code of Civil Procedure of the Russian Federation).

It is unrealistic to expect that all the actions outlined will be taken by them on their own initiative. The procedural law is silent on the procedure for applying to the Chairman of the Supreme Court of the Russian Federation. An analogy can be seen here with the procedure for bringing a supervisory protest that has existed since the times of the USSR - the procedural law was silent on how to achieve this.

Currently, written appeals addressed to the chairman of the RF Armed Forces are registered as complaints against the relevant ruling (decree). The question of the need for attachments to these complaints and payment of the state duty remains open, since it has not been directly resolved. In practice, a receipt for payment of state duty is required.

In civil proceedings, it is advisable in the same complaint to raise the issue of restoring the time limit for appeal, which by this time, as a rule, has already expired. Thus, when applying to the highest cassation instance, the same requirements apply as in the previous cassation. However, there are nuances: only here there is such a rare and extraordinary opportunity as an appeal against a refusal decision (decree) of a judge of the Supreme Court of the Russian Federation with its subsequent cancellation by the chairman of the Supreme Court of the Russian Federation (deputy).

Cassation appeal in a criminal case

Cassation complaints in criminal cases, according to legislative norms, can be filed against decisions of courts of first and second instances that have entered into force. All persons whose interests are affected by a decision in a criminal case have the right to file such a complaint, but only to the extent that it applies to a particular person. That is, citizens from the category of convicted, acquitted, victims can appeal the decision as a whole, and the prosecutor can also do this (by filing a cassation presentation). In the part affecting the interests of other persons indicated in the court decision, a civil plaintiff or defendant may act.

It is also important to note that filing a cassation is possible only if the decision taken by the courts of first and second instances is illegal, that is, when it was adopted by the court, the norms of substantive or procedural legislation were violated. Thus, the case will not be considered on the merits for the third time, the court will only analyze the case materials and decide whether the courts of the first 2 instances correctly applied the legal norms and whether they committed violations in their interpretation.

Decisions of the courts of first and second instances (districts, territories, regions, republics, autonomies, etc.), as well as military garrison, district/naval courts that have entered into force, are considered by way of cassation by the presidiums of the courts corresponding to the region of your residence. For example, if a case in the second instance was considered by a regional court, then a cassation complaint in a criminal case should be addressed to its presidium.

If the presidium of one of the courts listed above was considering the case in the first instance, and it was not appealed by way of appeal to the Supreme Court of the Russian Federation, then the cassation in the criminal case should be submitted to the Collegium for Criminal Cases of the Armed Forces of the Russian Federation or the Collegium of the Armed Forces of the Russian Federation for Military Personnel Affairs - this in the event that the case in the first instance was considered by the presidium of the district/naval court.

It should be noted that cassation proceedings differ from appeal proceedings in that the complaint is filed directly with the judicial body that will consider the case.

In accordance with Art. 401.4 of the Criminal Code of the Russian Federation, cassation complaints in criminal cases are accepted and considered by the courts only in cases where their content meets the established requirements.

The mandatory components of the cassation include:

Full name of the court of cassation to which the complaint will be filed;
Name of the person who filed the complaint, address of the place of residence and his procedural status;
an indication of the judicial authorities that issued the decision in the first and second instances, as well as information about such decisions (date of issue, case number, summary of the essence of the decisions);
a statement of the mistakes made by the courts of first and second instances in the application or interpretation of the norms of substantive or procedural law, arguing in favor of the position of the applicant, as well as references to specific norms of law that were violated in the trial;
directly the very demand of the person who filed the cassation complaint (for example, to cancel the decision of the court of last instance in full or to send the case for re-consideration);
if the appealed decision of the court has already been appealed against in cassation proceedings, then it is also necessary to indicate which decision was made;
list of documents attached to the complaint;
personal signature of the person filing the complaint or his representative. If the complaint is signed and filed last, then the set of documents, among other things, must also be accompanied by an order, a power of attorney to represent interests or another document confirming the authority of this person.

Consideration of a cassation complaint

A cassation appeal or presentation filed in accordance with the rules established by Articles 376-378 of the Code of Civil Procedure of the Russian Federation is studied by the judges indicated in Article 380.1 of the Code of Civil Procedure of the Russian Federation, based on the materials attached to them, or on the materials of the requested case. In order to comply with reasonable time limits for legal proceedings (Article 61 of the Code of Civil Procedure of the Russian Federation), the request of the judge to certify the case is subject to immediate execution by the court.

If the case is demanded, the judge has the right to suspend the execution of the court decision until the end of the proceedings in the court of cassation only if there is a request to do so in the cassation complaint, presentation or other petition (part 1 of article 381 of the Code of Civil Procedure of the Russian Federation).

The issue of suspending the execution of a court decision appealed in the cassation procedure, depending on the moment of receipt of such a request, may be resolved by the judge either simultaneously with the retrieval of the case, or after its retrieval, but before the end of the proceedings in the court of the cassation instance. Suspension of the execution, perhaps, only of those court decisions in respect of which a cassation appeal or presentation has been filed. On the suspension of the execution of the court decision, the judge issues a ruling that is not subject to appeal (part 1 of article 381 of the Code of Civil Procedure of the Russian Federation).

If the execution of the court decision was suspended, then in the case when, after studying the arguments of the cassation complaint, presentation, the judge issued a ruling on the refusal to transfer the complaint, presentation for consideration in the court session of the court of cassation, the operative part of the judge’s ruling must resolve the issue of cancellation of the suspension of the execution of the court decision. If the judge has issued a ruling on the transfer of the cassation complaint, presentation with the case for consideration in the court session, the cancellation of the suspension of the execution of the court decision is indicated in the operative part of the decision (ruling) of the court of cassation, issued in the court session. The resolution of the issue of canceling the suspension of the execution of the court decision is not excluded also by issuing a separate ruling of the judge, and if the cassation appeal, presentation with the case was considered by the court of the cassation instance in a court session, by a separate decision (determination) of the court of the cassation instance.

Judge within the time limits established by Art. 382 of the Code of Civil Procedure of the Russian Federation, based on the results of studying the arguments of the cassation complaint, presentation on the materials attached to them, or on the basis of the materials of the requested case, issues a ruling on the refusal to transfer the cassation complaint, presentation for consideration in the court session of the court of cassation, if it comes to the conclusion that there is no the grounds provided for by Art. 387 Code of Civil Procedure of the Russian Federation, to cancel or change court decisions in cassation (clause 1, part 2, article 381 of the Code of Civil Procedure of the Russian Federation). The decision of the judge must meet the requirements provided for by Art. 383 Code of Civil Procedure of the Russian Federation, including the requirement to obligatory indicate in it the motives for which the transfer of a cassation complaint or presentation for consideration in a court session of a court of cassation is denied.

Complaints, presentations filed with the presidium of a regional or equal court by persons who were previously denied the transfer of a cassation complaint, presentation for consideration in a court session by a court of cassation are subject to return without consideration on the merits on the basis of paragraph 5 of part 1 of Art. 379.1 Code of Civil Procedure of the Russian Federation.

If, when examining the arguments of a cassation complaint or presentation on the basis of the case materials, the judge comes to the conclusion that there are grounds for transferring the cassation complaint, presentation with the case for consideration in the court session of the court of cassation, he shall issue a ruling on the transfer of the cassation complaint, presentation with the case for consideration in a court session of a court of cassation (clause 2, part 2, article 381, article 384 of the Code of Civil Procedure of the Russian Federation).

The ruling of the judge must indicate which arguments of the complaint, presentation deserve attention when considering a cassation complaint, presentation with a case in a court session of a court of cassation.

The Code of Civil Procedure of the Russian Federation does not provide for the possibility for a person, on whose cassation complaint a judge’s decision to transfer the complaint with the case for consideration in a court session of the court of cassation, to submit additions to the cassation complaint.

However, based on the need to respect the applicant's right to a fair trial, guaranteed by paragraph 1 of Art. 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, in the event that a person, on whose cassation complaint a judge’s decision was made to transfer it with the case for consideration in a court session of a court of cassation instance, and a court session is scheduled, file additions to this complaint, they are attached by the court to the filed earlier cassation complaint. Based on additional arguments as to what constitutes the significant violations of the substantive law or procedural law norms committed by the court, which led to a miscarriage of justice, the court of cassation decides whether it is necessary to send copies of the submitted additions to the persons participating in the case, as well as the need to postpone the consideration cassation complaint with the case at the court session and appointment of a new date and time of the court session.

In accordance with the provisions of Art. 385 of the Code of Civil Procedure of the Russian Federation, the court of cassation, to which the case was transferred for consideration in court:

Sends to the persons participating in the case copies of the judge's ruling on the transfer of the cassation complaint, presentation with the case for consideration in the court session of the court of cassation and copies of the cassation complaint, presentation;
- sets the time for the consideration of the case in such a way that the persons participating in the case have the opportunity to appear at the meeting, and notifies them of the time and place of consideration of the cassation complaint, presentation with the case, including by means of an SMS message when fixing the fact of sending and delivery SMS notifications to the addressee.

Consideration of a cassation complaint, presentation with a case in a court session of a court of cassation is carried out within the time limits and in the manner established by Art. 386 Code of Civil Procedure of the Russian Federation.

At the same time, the term for consideration of a cassation complaint, presentation with a case in a court session of a court of cassation begins to be calculated from the day the judge issues a ruling on the transfer of a cassation complaint, presentation with a case for consideration in a court session of a court of cassation and is not subject to extension.

The failure to appear of the persons participating in the case, duly notified of the time and place of consideration of the cassation complaint, presentation with the case at the court session of the court of cassation, does not prevent their consideration by the court of cassation (part 2 of article 385 of the Code of Civil Procedure of the Russian Federation).

If, prior to the removal of the court to the deliberation room to decide on a cassation complaint, a presentation from the persons referred to in Part 1 of Art. 376 of the Code of Civil Procedure of the Russian Federation and duly notified of the time and place of consideration of the cassation complaint, presentation with the case, a request will be made to adjourn the court session due to the impossibility of participating in it for good reasons and evidence of the validity of these reasons will be presented, the court postpones the consideration of the cassation complaint, presentation with the case if the reasons for their failure to appear are recognized as valid (part 2 of article 167 of the Code of Civil Procedure of the Russian Federation).

The presidium of the regional and equal courts issues a decision to postpone the court session, and the Judicial Collegium for Administrative Cases, the Judicial Collegium for Civil Cases and the Military Collegium of the Supreme Court of the Russian Federation issue a ruling. If the court of cassation keeps the minutes of the court session, then the decision (determination) to adjourn the court session may be entered in the minutes (part 4 of article 1, part 2 of article 224 of the Code of Civil Procedure of the Russian Federation).

When considering a cassation complaint, presentation with a case, the court of cassation is not entitled to establish or consider proven circumstances that have not been established or have been rejected by the court of first instance or appeal, prejudge questions about the reliability or unreliability of this or that evidence, the advantage of some evidence over others, and also examine new evidence (part 2 of article 390 of the Code of Civil Procedure of the Russian Federation). At the same time, if the court of cassation establishes that the courts of the first and (or) appellate instances committed violations of the rules of procedural law in the study and evaluation of evidence, which led to a judicial error of a significant and irresistible nature (for example, a judicial decision in violation of the requirements of Article 60 Code of Civil Procedure of the Russian Federation is based on inadmissible evidence), the court takes into account these circumstances when issuing a cassation decision (determination).

The court of cassation checks the legality of only those court decisions that are being appealed, and only in the part in which they are being appealed (part 2 of article 390 of the Code of Civil Procedure of the Russian Federation). However, if the contested part of the decision is conditioned by another part of it or by another court decision issued in the same case, which are not appealed by the applicant, then this part of the decision or the court decision is also subject to verification by the court of cassation.

Verification of the legality of the appealed judicial decision is carried out within the limits of the arguments of the cassation appeal, presentation. At the same time, it should be borne in mind that the court is not bound by the arguments set forth in the cassation appeal, presentation, if it comes to the conclusion that, in the interests of legality, it is necessary to go beyond these arguments.

In the decision, ruling of the court of cassation, issued on the basis of the results of consideration of the cassation complaint, presentation with the case, the motives for which the cassation court went beyond the arguments contained in the cassation complaint, presentation (clause 8, part 1, article 388) Code of Civil Procedure of the Russian Federation).

Newly discovered circumstances, or new circumstances for which the persons referred to in Part 1 of Art. 376 of the Code of Civil Procedure of the Russian Federation, referred to in a cassation complaint, presentation, cannot serve as grounds for canceling or changing court decisions in cassation.

Under these circumstances, court decisions may be reviewed in the manner prescribed by Chapter 42 of the Code of Civil Procedure of the Russian Federation.

If the courts of the first and (or) appellate instances made an error in the application and (or) interpretation of the substantive law, for the correction of which, after the cancellation (change) of court decisions, it is not necessary to establish new circumstances of the case, present, study and evaluate evidence, then the court of cassation a new judicial decision (determination) should be adopted without transferring the case for a new trial to the court of the first or appellate instance (clause 5, part 1, article 390 of the Code of Civil Procedure of the Russian Federation).

In accordance with Part 9 of Art. 386 of the Code of Civil Procedure of the Russian Federation, the issuance of cassation decisions, rulings and their announcement take place according to the rules provided for, respectively, Art. 194 and 193 Code of Civil Procedure of the Russian Federation, the court of cassation by virtue of the provisions of h. 2 Article. 193 Code of Civil Procedure of the Russian Federation has the right to announce in court only the operative part of its decision, ruling, explaining when and where the persons participating in the case, their representatives can familiarize themselves with the reasoned decision, court ruling.

The announced resolutive part of the cassation decision, ruling must be attached to the case file.

Within the meaning of Article 428 of the Code of Civil Procedure of the Russian Federation, after the consideration of the case in the court of cassation, including in the case when the court of cassation annulled or changed the decision of the court of the first, appellate or cassation instance and adopted a new judicial decision, a writ of execution is issued by the court that considered case in the first instance.

Rejection of the appeal

The order of consideration of cases in cassation is created in such a way that the most frequent result of the consideration of cassation is the refusal to transfer the cassation complaint for consideration.

We will not argue with the fact that often cassation complaints do not meet the criteria put forward by the Code of Civil Procedure of the Russian Federation, however, there are also cases when cassation complaints are rejected unreasonably.

Practically the only tool for canceling an unreasonable decision is a complaint against a refusal to transfer a cassation complaint.

Is it possible to file such a complaint?

A complaint against a refusal to transfer a cassation complaint is one of the least regulated by the current legislation tools for appealing court decisions. The legislation does not directly provide for either the right to file such a complaint, or the procedure for its consideration. However, nevertheless, such a mechanism is used by persons who are denied consideration of the cassation.

The possibility of filing such a complaint is due to the “right to disagree” with the refusal to transfer the complaint established by the Code of Civil Procedure of the Russian Federation. The Chairman of the Armed Forces of the Russian Federation, as well as his deputies, have such a right. Based on this, in case of refusal to transfer the complaint, the applicant may apply to these officials with a request to disagree with the arguments of the judge-rapporteur on the cassation complaint and restore the cassation proceedings.

The procedure for filing a complaint is not defined, therefore, theoretically, a complaint against a refusal to transfer a cassation appeal for consideration can be filed at any time after a ruling is made to refuse to transfer a cassation. The complaint should be submitted to the Chairman of the Supreme Court of the Russian Federation by sending this complaint to the address of the Supreme Court of the Russian Federation.

What should be included in the complaint?

The complaint must contain arguments based on which the Chairman of the Supreme Court of the Russian Federation or one of his deputies can cancel the decision of the judge-rapporteur. In most cases, decisions to refuse to transfer the cassation are poorly motivated, which makes it possible to re-state all the circumstances of the case and prove the existence of the right to appeal the court decision on cassation. The state fee for filing a complaint against a refusal to transfer a cassation is not charged.

Cassation appeal to the arbitration court

Right of cassation appeal

The decision of the arbitration court of the first instance that has entered into legal force, if such a decision was the subject of consideration in the arbitration court of the appellate instance or if the arbitration court of the appellate instance refused to restore the missed deadline for filing an appeal, and the decision of the arbitration court of the appellate instance may be appealed in full by way of cassation proceedings or in part, provided that otherwise is not provided by this Code, by the persons participating in the case, as well as by other persons in the cases provided for by this Code.

Decisions of the Court for Intellectual Property Rights that have entered into legal force, adopted by it as a court of first instance, may be appealed in cassation proceedings in full or in part by the persons participating in the case, as well as by other persons in the cases provided for by this Code.

Review in the order of cassation proceedings of judicial acts of arbitration courts in the Judicial Collegium of the Supreme Court of the Russian Federation is carried out in accordance with Articles 291.1 - 291.15 of this Code.

Arbitration Court of Cassation Instance

Cassation appeals are considered in the order of cassation proceedings by the arbitration court of the cassation instance, formed in accordance with the Federal Constitutional Law "On Arbitration Courts in the Russian Federation".

Cassation appeals against decisions on applications for awarding compensation for violation of the right to legal proceedings within a reasonable time or the right to execution of a judicial act within a reasonable time are considered in cassation proceedings by the same court with a different composition of judges.

The Intellectual Property Court, as a court of cassation, considers:

1) cases considered by him as a court of first instance;
2) cases on the protection of intellectual property rights, considered by arbitration courts of constituent entities of the Russian Federation as a court of first instance, by arbitration courts of appeal.

The procedure for filing a cassation complaint

A cassation appeal is filed with the arbitration court of the cassation instance, which is authorized to consider it, through the arbitration court that made the decision. The arbitration court that made the decision is obliged to send the cassation appeal together with the case to the appropriate arbitration court of the cassation instance within three days from the day the appeal was received by the court.

Deadline for filing an appeal

A cassation appeal may be filed within a period not exceeding two months from the date of entry into legal force of the disputed decision, ruling of the arbitration court, unless otherwise provided by this Code.

The deadline for filing a cassation complaint, missed for reasons beyond the control of the person who filed such a complaint, including due to his lack of information about the contested judicial act, at the request of the said person, may be restored by the arbitration court of the cassation instance, provided that the request filed not later than six months from the date of entry into force of the contested judicial act or, if the petition is filed by the person specified in Article 42 of this Code, from the day when this person knew or should have known about the violation of his rights and legitimate interests by the contested judicial act.

An application for the restoration of the missed deadline for filing a cassation appeal is considered by the arbitration court of the cassation instance in the manner prescribed by Article 117 of this Code.

The arbitration court indicates the restoration of the missed deadline for filing a cassation appeal in the ruling on accepting the cassation appeal for proceedings, on the refusal to restore the missed deadline for filing a cassation appeal - in the ruling on returning the cassation appeal.

Until the expiration of the period established by this Code for filing a cassation complaint, the case cannot be claimed from the arbitration court.

Form and content of the cassation appeal

A cassation appeal is filed with the arbitration court in writing. The cassation complaint shall be signed by the person filing the complaint or his representative authorized to sign the complaint. A cassation appeal can also be filed by filling out a form posted on the official website of the arbitration court on the Internet.

The appeal must include:

1) the name of the arbitration court to which the cassation appeal is filed;
2) the name of the person filing the complaint, indicating his procedural status, as well as other persons participating in the case, their location or place of residence;
3) the name of the arbitration court that adopted the contested decision, ruling, the number of the case and the date of the decision, ruling, the subject of the dispute;
4) the requirements of the person filing the complaint to verify the legality of the appealed judicial act and the grounds on which the person filing the complaint appeals against the decision, ruling, with reference to laws or other regulatory legal acts, the circumstances of the case and the evidence available in the case;
5) a list of documents attached to the complaint.

The cassation complaint may also contain telephone numbers, fax numbers, e-mail addresses and other information necessary for the consideration of the case, as well as submitted petitions.

The person filing the cassation appeal is obliged to send to other persons participating in the case, copies of the cassation appeal and the documents attached to it, which they do not have, by registered mail with a return receipt, or hand them over to other persons participating in the case or their representatives personally against receipt.

Attached to the appeal are:

1) a copy of the contested judicial act;
2) documents confirming the payment of the state fee in the established manner and amount or the right to receive benefits in the payment of the state fee, or a petition for a deferral, installment payment of the state fee, to reduce its size;
3) documents confirming the direction or delivery to other persons participating in the case, copies of the cassation appeal and documents that they do not have;
4) a power of attorney or other document confirming the authority to sign the cassation appeal.

The documents attached to the cassation appeal may be submitted to the arbitration court in electronic form.

Acceptance of a Cassation Appeal for Arbitration Court Proceedings

A cassation appeal filed in compliance with the requirements of this Code for its form and content shall be accepted for proceedings by the arbitration court of the cassation instance. In case of violation of these requirements, the arbitration court of the cassation instance either leaves the cassation appeal without progress, or returns the cassation appeal in the manner prescribed by Articles 280, 281 of this Code.

The issue of accepting a cassation appeal for proceedings by an arbitration court of the cassation instance shall be decided by the judge alone within five days from the date of its receipt by the arbitration court of the cassation instance.

On the acceptance of the cassation complaint for proceedings, the arbitration court issues a ruling, which initiates proceedings on the cassation complaint.

The ruling shall indicate the time and place of the court session to consider the cassation complaint. At the same time, the time for holding the first court session to consider a cassation appeal is determined taking into account the fact that it cannot be scheduled earlier than the expiration of the period established by this Code for filing a cassation appeal.

Copies of the ruling on the acceptance of the cassation appeal shall be sent to the persons participating in the case no later than the next day after the day of its issuance.

Feedback on the appeal

The person participating in the case sends a response to the cassation complaint with the attachment of documents confirming the objections to the complaint to other persons participating in the case and to the arbitration court.

The response sent to the arbitration court shall also be accompanied by a document confirming the direction of the response to other persons participating in the case. The response shall be sent by registered mail with acknowledgment of receipt within the time period that makes it possible to get acquainted with the response before the start of the court session. The response is signed by the person participating in the case or his representative. The response signed by the representative shall be accompanied by a power of attorney or other document confirming his authority to sign the response.

A response may be submitted to the arbitration court by filling out a form posted on the official website of the arbitration court considering the case on the Internet information and telecommunications network. The documents attached to the response may be submitted to the arbitration court in electronic form.

Leaving the cassation appeal without motion

The arbitration court of the cassation instance, having established, when considering the issue of accepting a cassation appeal for proceedings, that it was filed in violation of the requirements established by Article 277 of this Code, issues a ruling on leaving the cassation appeal without motion.

In the ruling, the arbitration court indicates the grounds for leaving the cassation appeal without progress and the period during which the person who filed the cassation appeal must eliminate the circumstances that served as the basis for leaving the cassation appeal without movement.

A copy of the ruling on leaving the cassation appeal without motion shall be sent to the person who filed the cassation appeal no later than the next day after the date of its issuance.

If the circumstances that served as the basis for leaving the cassation appeal without progress are eliminated within the time period specified in the court ruling, the cassation appeal is considered filed on the day of its initial receipt by the court and is accepted for proceedings by the arbitration court of the cassation instance.

If the indicated circumstances are not eliminated within the period specified in the ruling, the arbitration court shall return the cassation complaint and the documents attached to it to the person who filed the complaint in the manner prescribed by Article 281 of this Code.

Return of the appeal

The arbitration court of the cassation instance shall return the cassation appeal if, when considering the issue of accepting the cassation appeal for proceedings, it establishes that:

1) a cassation complaint is filed by a person who does not have the right to appeal against a judicial act in cassation proceedings, or filed against a judicial act, which, in accordance with this Code, is not appealed in cassation proceedings;
2) the cassation complaint was filed after the expiration of the term for filing a cassation complaint established by this Code, and does not contain a request for its restoration or the restoration of the missed term was refused;
3) prior to the issuance of a ruling on the acceptance of the cassation complaint for proceedings by the arbitration court of the cassation instance, a petition was received from the person who filed the cassation complaint for its return;
4) the circumstances that served as the basis for leaving the cassation appeal without movement have not been eliminated within the time period established in the court ruling;
5) a cassation appeal has been filed against a judicial act that has not been appealed to the arbitration court of the appellate instance, unless otherwise provided by this Code.

The arbitration court of the cassation instance also returns the cassation appeal if the application for a deferral, installment payment of the state fee, or a reduction in its size is rejected.

The arbitration court shall issue a ruling on the return of the cassation appeal.

A copy of the ruling on the return of the cassation complaint shall be sent to the person who filed it, together with the cassation complaint and the documents attached to it, no later than the next day after the date of its issuance or after the expiration of the period established by the court to eliminate the circumstances that served as the basis for leaving the cassation complaint without movement.

A ruling on the return of a cassation complaint may be appealed to an arbitration court of the cassation instance in the manner prescribed by Article 291 of this Code.

If the ruling is cancelled, the cassation complaint shall be considered filed on the day of the initial application to the arbitration court.

The return of a cassation complaint does not prevent the repeated filing of a cassation complaint with an arbitration court in accordance with the general procedure after the elimination of the circumstances that served as the basis for its return.

Cassation appeal to a civil court

The first and last thing I want to write about the cassation instance is that its front door is a service door, i.e. for legal professionals only. Moreover, according to cassation complaints, as practice shows, there are more chances to achieve the annulment of decisions of lower courts than in an appeal.

Those who are interested to see why this is so, and what kind of animal this is - a cassation complaint - can read further.

What is written in the Civil Procedure Code of the Russian Federation about the timing, procedure, content of the cassation complaint - we will not retell.

Let us pay attention to the following: Proceedings in the court of cassation are intended to correct significant violations of the norms of substantive law or norms of procedural law committed by the courts in the course of the previous proceedings of the case and influenced the outcome of the case, and without the elimination of which it is impossible to restore and protect the violated rights, freedoms and legal interests, as well as public interests protected by law (from the resolution of the Plenum of the Supreme Court of the Russian Federation N 29 "On the application by the courts of the norms of civil procedural legislation governing proceedings in the court of cassation", the provisions of which must also be guided by the preparation of a cassation appeal).

Main points of cassation complaints

In Russian civil proceedings, the cassation instance is the third instance (after the courts considering the case on the merits and the appellate instance). In the cassation procedure, complaints are considered against court decisions that have entered into legal force, up to cassation rulings of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation. Usually, a cassation appeal is filed against the decision of the court of first instance and / or the appellate ruling of the court of second instance, or both at once, depending on what exactly does not suit us. But for cassation, it is necessary to go through the stage of appeal, tk. if there was no appeal instance, then the court will not consider the cassation complaint (of course, you can file a complaint, but it will be returned without consideration).

The term for appeal is 6 months from the day the decision comes into force. Regardless of whether the decision was made by a justice of the peace or a district court, and, accordingly, by whom the appeal ruling was made, the cassation appeal is filed with the presidium of the supreme court of the republic, regional, regional court, courts of a city of federal significance, courts of an autonomous region, courts of an autonomous district. A cassation complaint is filed directly with the court of cassation. And one more thing I would like to draw your attention to: scooping up information on the Internet, do not forget to “compare watches” with the current version of the Code of Civil Procedure of the Russian Federation, and if you decide to write a cassation appeal on your own, you need to familiarize yourself with Chapter 41 of the Code of Civil Procedure of the Russian Federation “Proceedings in the court of cassation” . After all, the purpose of a cassation appeal is to cancel or change the decisions of the courts of the first and appellate instances, and this difficult task. Moreover, the cassation has a significant difference - a purely legal specificity. The Court of Cassation does not consider the case itself on the merits, it assesses the correctness of the application of the norms of the law by the courts.

Time and its meaning: once again about the timing of cassation complaints

The six-month period begins to be calculated on the day after the adoption of the appeal ruling and expires on the corresponding day of the last month of this period. At the same time, the announcement at the court session of the court of appeal only of the operative part of the appeal ruling and the postponement of drawing up a reasoned appeal ruling for a period of not more than five days (Article 199 of the Code of Civil Procedure of the Russian Federation) do not extend the date of its entry into legal force.

The deadline for filing cassation complaints is not considered to be missed if they were handed over to the postal organization before twenty-four hours on the last day of the deadline (Part 3 of Article 108 of the Code of Civil Procedure of the Russian Federation). In this case, the date of filing a cassation appeal is determined by the stamp on the envelope, the receipt of acceptance of registered mail or another document confirming the receipt of correspondence.

A cassation appeal filed after the expiration of a six-month period shall be subject to return without consideration on the merits, unless a court ruling that has entered into legal force on the restoration of this period is attached to it.

The term can be restored at the request of both an individual and a legal entity, and only in exceptional cases, when the court recognizes valid reasons for missing it due to circumstances that objectively exclude the possibility of filing a cassation complaint within the prescribed period. With regard to individuals participating in the case, such circumstances, in particular, may include a serious illness, a helpless condition, other circumstances relating to the personality of the applicant, as well as other circumstances beyond the control of the person, due to which he was deprived of the opportunity to file a cassation appeal in a timely manner. a complaint to the court.

At the same time, it should be borne in mind that an application for the restoration of the term can be satisfied if the circumstances that objectively exclude the possibility of filing a cassation appeal occurred within a period not later than one year from the date the appealed court decision entered into force.

Circumstances related to missing the deadline for filing a cassation appeal that arose outside the one-year period have no legal significance and are not subject to verification. In this case, the court refuses to satisfy the application for the restoration of the time limit for filing a cassation complaint or presentation without verifying the indicated circumstances.

Argumentation of cassation complaints

The task of the court, which considers the cassation appeal, is to check whether the rules of law were correctly applied during the first consideration of the case. Notes on the interpretation of the norms of law given by a higher court are obligatory for the court again considering the case.

The limit of verification lies in the arguments in the filed complaint. The court of cassation may go beyond these arguments if this is due to the interests of legality. The court of cassation cannot check judicial decisions in the part not appealed against or decisions that have not been appealed at all. In the cassation instance, the case is not considered, t.to. the task of the presidium of a higher court is not to consider a civil case as such.

In one of its decisions, the Supreme Court of the Russian Federation explained that when considering a case in cassation, the court checks the correctness of the application and interpretation of the norms of substantive law and the norms of procedural law by the courts that considered the case, within the limits of the arguments of the cassation appeal or presentation. At the same time, the court of cassation is not entitled to establish or consider proven circumstances that have not been established or have been rejected by the court of first instance or appeal, prejudge questions about the reliability or unreliability of this or that evidence, the advantage of some evidence over others, as well as investigate new evidence.

Thus, in accordance with the requirements of the current civil procedural legislation, the decision to review in cassation a judicial act that has entered into legal force can be made in accordance with the circumstances of the case already established by the court, but subject to an error made by it in the application and interpretation of the norms of substantive or procedural law.

Refusal to transfer the cassation complaint

A ruling on refusal to transfer a cassation appeal for consideration in a court session by a court of cassation issued by a judge of a constituent entity of the Russian Federation cannot be appealed.

By virtue of h. 1 Article. 377 of the Code of Civil Procedure of the Russian Federation, a cassation appeal is filed directly with the court of cassation: to the presidium of the supreme court of the republic, the regional court, the court of the city of federal significance, the court of the autonomous region, the court of the autonomous district, the district (naval) military court or to the appropriate Judicial Collegium of the Supreme Court of the Russian Federation (part 2 of article 377 of the Code of Civil Procedure of the Russian Federation). According to part 2 of Art. 381 of the Code of Civil Procedure of the Russian Federation, based on the results of the study of the cassation appeal, in the absence of grounds for revising the court decision in the cassation procedure, the judge may issue a ruling to refuse to transfer the cassation appeal for consideration in the court session of the court of cassation.

Despite the fact that the definition issued in the order h. 2 Article. 381 of the Code of Civil Procedure of the Russian Federation, prevents the consideration of this case in the cassation instance, an appeal against this ruling is not provided for by the current civil procedural legislation, and this ruling does not indicate the procedure for appealing it (Article 383 of the Code of Civil Procedure of the Russian Federation), in contrast to the rulings of the court of first instance subject to appeal ( article 225 Code of Civil Procedure of the Russian Federation).

At the same time, part 3 of Art. 381 of the Code of Civil Procedure of the Russian Federation provides that the Chairman of the Supreme Court of the Russian Federation, his deputy has the right to disagree with the decision of the judge of the Supreme Court of the Russian Federation on the refusal to transfer the cassation complaint for consideration in the court session of the court of cassation and issue a ruling on its cancellation and the transfer of the cassation complaint, presentation with the case for consideration in the court session of the court of cassation.

It should be noted that the current (established by Federal Law N 353-FZ) procedure for cassation appeals against judicial acts that have entered into force is, in essence, a supervisory proceeding, provided for in the version of the Code of Civil Procedure of the Russian Federation that was in force earlier. Therefore, in our opinion, attention should be paid to the position of the Constitutional Court of the Russian Federation regarding the appeal of the judge's ruling on the refusal to transfer the complaint to the supervisory authority for consideration of the issue on the merits.

Thus, in Resolution No. 2-P (hereinafter referred to as Resolution No. 2-P), the Constitutional Court of the Russian Federation indicated that the authority of the chairman of the relevant court of the supervisory instance or his deputy to disagree with the judge’s decision to refuse to certify the case or to refuse to transfer the case for consideration on the merits to the court of the supervisory instance and issue its ruling can be implemented only if there is a corresponding request from the person who filed the supervisory appeal (representation). Such an appeal can be considered as an appeal against the ruling issued by the judge, being, in fact, a separate stage of proceedings in the court of the supervisory instance. At the same time, the said officials, if an interested person applies to them, make a decision in the same procedure, within the same time limits and based on the same grounds that are provided for by the Code of Civil Procedure of the Russian Federation for the decision by the judge considering the supervisory appeal (presentation) of the issues of reclamation of the case and transfer of the case for consideration on the merits to the court of the supervisory instance, since otherwise there would be procedural activity not regulated by law (clause 6 of Resolution No. 2-P).

Thus, the established Part 3 of Art. 381 of the Code of Civil Procedure of the Russian Federation, the provision essentially provides an interested person who is denied the transfer of a cassation complaint for consideration in a court session by a court of cassation to apply to the official indicated in the Code of Civil Procedure of the Russian Federation with a request to cancel the ruling, that is, in fact - to file a complaint along with the cassation complaint to the given definition.

However, let us pay attention to the fact that part 3 of Art. 381 of the Code of Civil Procedure of the Russian Federation allows an appeal against the ruling on the refusal to transfer a cassation complaint for consideration in a court session of a court of cassation, issued only by a judge of the Supreme Court of the Russian Federation. In other words, this guarantee is provided only to persons who filed a cassation appeal with the relevant Judicial Collegium of the Supreme Court of the Russian Federation. For persons who filed a cassation appeal with the presidium of a court of a constituent entity of the Russian Federation, such a possibility is not provided for by the current Code of Civil Procedure of the Russian Federation.

On the one hand, such a decision by the legislator puts in an unequal position the applicants of cassation appeals against court decisions issued at the same instance, but by different courts (see part 1 of article 377 of the Code of Civil Procedure of the Russian Federation). And the question of the constitutionality of such differentiation, in our opinion, should be the subject of verification by the Constitutional Court of the Russian Federation.

On the other hand, the method and procedure for judicial contestation can only be determined by laws (see, for example, the ruling of the Constitutional Court of the Russian Federation N 363-О-О). And the legislator, taking into account the position on the inadmissibility of revising decisions that have entered into force, repeatedly expressed by the European Court of Human Rights and the Constitutional Court of the Russian Federation (clause 9 of Resolution No. 2-P), seeks to reduce the number of instances revising decisions that have entered into force. Therefore, in our opinion, before making changes to Part 3 of Art. 381 of the Code of Civil Procedure of the Russian Federation, a ruling on refusal to transfer a cassation complaint for consideration in a court session by a court of cassation, issued by a judge of a constituent entity of the Russian Federation, cannot be appealed.

In connection with the foregoing, and also taking into account the similarity of the essence of the cassation and supervisory appeals (which are an appeal against judicial acts that have entered into force), in our opinion, the position of the Constitutional Court of the Russian Federation, set out in the definition N 345-О-О, is noteworthy. The Constitutional Court of the Russian Federation pointed out that the object of revision by way of supervision are court decisions issued following the results of consideration of the case on the merits, or interim court rulings on issues that are important for the progress of the case. The decision of the judge of the court of the supervisory instance on the refusal to transfer the supervisory appeal for consideration in the court session of the court of the supervisory instance is made in the procedure for preliminary consideration of the supervisory appeal (representation of the prosecutor), in which the judge, without considering the case on the merits, decides only on the existence of grounds for transfer a supervisory complaint or a prosecutor's presentation for consideration by a supervisory court. Any other decision, in a new way defining the rights and obligations of the persons participating in the case, shall not be issued. Reduction by the federal legislator of the number of supervisory instances by eliminating the possibility of interested persons filing a supervisory complaint with the chairman of the court of a constituent entity of the Russian Federation (supreme court of a republic, territorial, regional court, court of a city of federal significance, court of an autonomous region, court of an autonomous district, district (naval) military court) cannot be regarded as an unacceptable restriction of the right to appeal to a supervisory court, entailing a violation of the constitutional right to judicial protection.

In view of the foregoing, the Constitutional Court of the Russian Federation did not see any grounds for recognizing as unconstitutional the norms of the Code of Civil Procedure of the Russian Federation, which do not provide for the possibility of appealing against the judge’s decision to refuse to transfer the complaint to the supervisory authority for consideration of the issue on the merits.

Cassation appeal to the regional court

The most important legal guarantee is the right of a party to a trial to appeal the final decisions, as well as some court rulings, in cassation.

The regional court can act both as an appellate and cassation instance when considering civil cases.

Let us consider those cases when the regional or equated court is the court of cassation.

In what cases is the case considered by the regional court?

A cassation appeal to the presidium of the regional court is filed against the following court decisions: Appeal rulings issued by the district court. Appellate rulings of the regional court itself. After analyzing the rules of jurisdiction, we can conclude that the vast majority of cassation complaints are considered precisely by the presidiums of regional courts.

How to file an appeal?

A cassation appeal to the regional court is filed directly with such court by any of the parties to the process that does not agree with the appealed appeal ruling. The grounds for filing a cassation complaint are somewhat limited compared to the possibilities for appealing cases: one can only complain about the incorrect enforcement of lower courts, but it is impossible to challenge the factual circumstances of the case in cassation. The court of cassation may declare the complaint inadmissible by refusing to open proceedings.

The best result will bring the preparation of a cassation complaint by a professional lawyer. The formal time for consideration of cassation in the regional court is 30 days, but in practice, given the serious workload of the courts, this period is much longer.

It is not uncommon for a case to be considered in a regional court for up to a year, which was subsequently considered by the supervisory instance court and the European Court of Human Rights as a violation of the reasonable time limit for considering civil disputes. A fee is also charged for filing a cassation.

On the one hand, such a symbolic amount of the state duty allows everyone to an individual exercise their constitutional right to review the court decision, and on the other hand, it significantly increases the burden on the court of cassation, which leads to the problems outlined in the previous paragraph.

Administrative cassation appeal

The right to appeal to the court of cassation

In the cases provided for by the Code of Administrative Procedure of the Russian Federation, judicial acts that have entered into legal force may be appealed in the manner prescribed by Chapter 35 of the CAS of the Russian Federation to the court of cassation by persons participating in the case and other persons if their rights, freedoms and legitimate interests are violated judicial acts.

Judicial acts may be appealed to the court of cassation within six months from the date of their entry into force, provided that the persons indicated above have exhausted other methods of appealing against a judicial act established by the CAS RF before the day it enters into force.

The deadline for filing a cassation complaint, presentation, missed for a good reason by the person who filed such a complaint, presentation, including due to his lack of information about the appealed judicial act, at the request of the said person, can be restored by the court of cassation only if the circumstances that caused its omission took place within a period not later than twelve months from the date the challenged judicial act entered into force or if the application was filed by a person who did not participate in the case, on whose rights and obligations the court adopted a judicial act, from the day when this person knew or should have known about the violation of his rights, freedoms and legitimate interests by the contested judicial act.

Restoration of the missed procedural term

An application for the restoration of the missed deadline for filing a cassation complaint or presentation is considered by the cassation court in the manner prescribed by Article 95 of the CAS RF.

In accordance with Art. 95 of the CAS of the Russian Federation to persons who missed the procedural period established by the CAS of the Russian Federation for reasons recognized by the court as valid, the missed period may be restored. In the cases provided for by the CAS RF, the missed procedural period is not subject to restoration, regardless of the reasons for its omission.

An application for the restoration of a missed procedural period is filed with the court in which the procedural action was to be performed, unless otherwise provided by the CAS RF. The application must indicate the reasons for missing the procedural deadline. Documents confirming the validity of these reasons are attached to the application. The application is considered without notifying the persons participating in the case. Taking into account the nature and complexity of the procedural issue, the court has the right to summon the persons participating in the case to the court session, notifying them of the time and place of its holding.

Simultaneously with the filing of an application for the restoration of the missed procedural period, the necessary procedural action must be performed (a complaint, an application, documents are submitted).

A private complaint may be filed against a court ruling on the restoration of the missed procedural term or on the refusal to restore it.

The procedure for filing a cassation complaint, presentation

A cassation appeal or presentation shall be filed directly with the court of cassation.

A cassation appeal or presentation is filed against decisions and rulings of district courts that have entered into legal force, against appeal rulings of the Nizhny Novgorod Regional Court - respectively, to the presidium of the Nizhny Novgorod Regional Court.

The appeal must contain:

1) the name of the court to which they are filed;
2) the name or surname, name and patronymic (if any) of the person filing the complaint, his location or place of residence and procedural status in the administrative case;
3) names of other persons participating in the case, their place of residence or location;
4) an indication of the courts that considered the administrative case at the first, appeal or cassation instance, and information about the content of their decisions;
5) an indication of the judicial acts that are being appealed;
6) an indication of the nature of the material violations committed by the courts of the norms of substantive law or the norms of procedural law that influenced the outcome of the administrative case, with arguments testifying to such violations;
7) the request of the person filing the complaint.

The cassation appeal of a person who did not take part in the administrative case must indicate what rights, freedoms and legitimate interests of this person have been violated by a judicial act that has entered into legal force.

If a cassation complaint has been previously filed with the court of cassation, it must indicate the decision taken on the complaint.

The cassation complaint must be signed by the person filing the complaint or his representative. The cassation appeal filed by the representative shall be accompanied by a document certifying the authority of the representative, and other documents provided for by Part 3 of Article 55 of the CAS RF.

The cassation appeal shall be accompanied by copies of judicial acts certified by the relevant court, adopted in the administrative case.

The cassation appeal is filed with copies, the number of which corresponds to the number of persons participating in the case.

The cassation complaint must be accompanied by a document confirming the payment of the state fee in the cases, in the manner and amount established by law, or the right to receive benefits for the payment of the state fee, or the cassation complaint must contain a request for a deferment or installment payment of the state fee or for reducing its size or exemption from payment.

The amount of the state fee when filing a cassation complaint in accordance with paragraphs. 3, 9 paragraph 1 of Art. 333.19 of the Tax Code of the Russian Federation.

The issue of granting a deferral or installment plan for the payment of the state fee, or of reducing its amount or exemption from its payment, shall be resolved by the court of cassation without notifying the persons participating in the case.

Deadlines for consideration of a cassation complaint

In the court of cassation of the Nizhny Novgorod Regional Court, the cassation appeal is considered within a period not exceeding one month if the administrative case was not requested, and within a period not exceeding two months if the administrative case was requested, not counting the time from the date of requesting the administrative case to the day his admission to the court of cassation.

During the period of an election campaign, a referendum campaign before voting day, a cassation complaint in cases of contesting a normative legal act adopted by an election commission, or a normative legal act on the implementation of electoral rights and the right to participate in a referendum of citizens of the Russian Federation that govern relations related to this election campaign, referendum campaign, in a case on the protection of electoral rights and the right to participate in a referendum of citizens of the Russian Federation are considered within five days.

Grounds for the annulment or amendment of judicial acts in cassation

The grounds for the cancellation or amendment of judicial acts in cassation are significant violations of substantive law or procedural law that affected the outcome of an administrative case and without the elimination of which it is impossible to restore and protect violated rights, freedoms and legitimate interests, as well as protect public interests protected by law .

When considering an administrative case in cassation, the court checks the correctness of the application and interpretation of the norms of substantive law and the norms of procedural law by the courts that considered the administrative case, within the limits of the arguments of the cassation appeal or presentation. In administrative cases affecting the interests of an indefinite circle of persons, as well as the interests of an individual in administrative cases listed in chapters 28 - 31 of the CAS RF, the court of cassation has the right to go beyond the arguments of the cassation appeal or presentation. At the same time, the court of cassation is not entitled to check the legality of judicial acts in the part in which they are not appealed, as well as the legality of judicial acts that are not appealed.

The court of cassation is not entitled to establish or consider proven circumstances that have not been established or were rejected by the court of the first or appellate instances, prejudge questions about the reliability or unreliability of this or that evidence, the advantage of some evidence over others and determine which judicial act should be adopted in case of new consideration of the administrative case.

In accordance with paragraph 3 of part 2 of Art. 319 of the CAS of the Russian Federation on decisions and rulings of district courts that have entered into legal force, adopted by them in the first instance, if these decisions and rulings were appealed to the presidium of the Nizhny Novgorod Regional Court; on appeal rulings of the Nizhny Novgorod Regional Court, including when the court of appeal upheld the decision of the court of first instance, but gave new reasons to justify the decision taken by the court of first instance, with which the applicant does not agree; Cassation appeals may be filed against decisions of the Presidium of the Nizhny Novgorod Regional Court to the Judicial Collegium for Administrative Cases of the Supreme Court of the Russian Federation.

Cassation complaint presidium

Cassation appeals are filed with the presidium of the Supreme Court of the Republic, the regional court, the court of the city of federal significance, the court of the autonomous region, the court of the autonomous district on:

Appellate rulings of the supreme courts of the republics, territorial, regional courts, courts of cities of federal significance, courts of an autonomous region, courts of autonomous districts;
on appeal rulings of district courts;
on court orders that have entered into force, decisions and rulings of district courts and justices of the peace.

Cassation complaints are submitted to the Judicial Collegium for Administrative Cases of the Supreme Court of the Russian Federation, the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation:

On the decisions of the presidiums of the supreme courts of the republics, regional, regional courts, courts of federal cities, the court of the autonomous region, the courts of autonomous districts;
on appeal rulings of the supreme courts of the republics, territorial, regional courts, courts of cities of federal significance, courts of an autonomous region, courts of autonomous districts;
on decisions and rulings of district courts that have entered into legal force, adopted by them at first instance, if these decisions and rulings were appealed to the presidium of the supreme court of the republic, the regional court, the court of a city of federal significance, the court of an autonomous region, the court of an autonomous district, respectively.

A cassation complaint is filed directly with the court of cassation.

Cassation appeal against a court decision

A cassation appeal against a court decision is a procedural document with the help of which an interested person appeals against a judicial ruling that has not entered into legal force by filing it through the court that made this decision or directly to the cassation instance. The terms and procedure for appealing are regulated by law.

Almost any final court decision (except for decisions on administrative offenses, where only an appeal is possible) can be challenged by the losing party in cassation.

The possibility of filing a cassation is an important guarantee of the possibility of reviewing unlawful decisions, as well as ensuring a uniform practice for resolving disputes.

Grounds for filing a complaint A cassation complaint against a court decision may be filed after an appeal has been considered with the Presidium of the Court of Appeal or with the Supreme Court of the Russian Federation, if the case has already been considered by the Presidium. A cassation appeal against a court decision is filed in the following cases: The court misinterpreted the law.

The key function of the court is to interpret the law, but the assessment of the same facts by courts often leads to different conclusions. The court of cassation checks whether the conclusions of the lower court comply with the norms of the law. The procedural rights of the parties were violated.

Violation of procedural rights is also grounds for appealing a court decision if such violations led to the impossibility of establishing the truth.

The procedure for filing and considering a complaint

The complaint is submitted directly to the cassation. As a rule, no documents are attached to the complaint, except for a receipt for payment of the court fee. This is due to the fact that the cassation is a court of law and is not authorized to consider evidence that has not been examined by lower courts.

A complaint in a civil case can be rejected even at the stage of initial consideration by a judge of the cassation instance, while a cassation complaint against a court verdict is considered by the court without fail.

The term for filing a cassation must be calculated from the day the appealed decision is made (or a copy of it is received) and is no more than 6 months in civil proceedings. The restoration of such a period is allowed on exceptional grounds and is decided individually by the judge who decides to open proceedings. The state duty for filing a cassation for individuals is 150 rubles, which makes this institution accessible to almost every person who believes that his rights in the court of first instance and appeal have been violated.

Cassation appeal restoration

To appeal against judicial acts that have entered into force, a 6-month period has been provided, therefore, if it is missed, an application for the restoration of the period on a cassation complaint must contain strong arguments.

Cassation appeal is devoted to Ch. 41 of the Code of Civil Procedure of the Russian Federation, some issues of restoring procedural terms are reflected in the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 29. The possibility of restoring the term for filing a cassation appeal has its own time limits, the procedure for consideration by the court, and the procedural term itself - features of the calculation.

In the cassation procedure, judicial acts that have entered into force are appealed: court orders, appeal rulings. The term for filing a cassation complaint is a single one - 6 months from the date of entry into force. In this case, it is not the fact of serving the contested judicial act to the person who filed the complaint that is taken into account, but the announcement of the decision of the court of appeal (for a court order - from the moment it is issued to the judge). This also applies to cases where the preparation of a reasoned appeal ruling by the court is postponed.

Like any procedural period, it begins to flow from the next day after the specified date and ends on the corresponding date of the last, 6th month (up to 24 hours, subject to filing a cassation complaint by mail).

If the applicant missed the appeal, it is useless to apply immediately to the cassation. The court will return such a complaint. Therefore, in such cases, it is necessary to consider the possibility of drawing up an application for the restoration of the term on appeal.

The specified period is interrupted from the moment the court accepts the cassation appeal to resolve the issue of transferring it for consideration on the merits. If the court returns it before the specified stage, the period continues to run, excluding the period of time that has elapsed from the date of filing the complaint to the court's ruling on the return.

So, having established a 6-month deadline, it is necessary to prepare an application for the restoration of the term on a cassation appeal. Without a court ruling to satisfy such an application, moreover, which has entered into legal force, the cassation appeal will be returned without consideration on the merits.

How to draw up and submit an application for the restoration of the term on a cassation appeal

The application is drawn up in writing on a separate document, submitted and addressed to the court that ruled on the case, i.e. court of first instance.

The procedural term can be restored only if there are good reasons and in exceptional cases. The application cannot assess the legality of the court decision or appeal ruling, only the objective circumstances that made it impossible to file a complaint with the court within 6 months matter.

Such circumstances, at the discretion of the court, include the applicant's helplessness, incl. due to a serious illness, which is established by medical documents, specific life circumstances that relate to the identity of the applicant. Other circumstances must be objective and a causal relationship has been established between them and the inability of the applicant to go to court (for example, natural disasters, etc.). Such circumstances must occur before the expiration of 6 months after the date from which the deadline is considered missed. That is, the applicant is given 1 year from the date of entry into force of the appeal court ruling to restore the term.

Consideration by the court of an application for the restoration of the term on a cassation appeal

The court will assess the validity of the reasons for missing the deadline, based on internal convictions. The persons participating in the case must be notified of the place and time of the court session to consider the application, however, their failure to appear does not affect the possibility of making a decision on the merits.

The result of consideration of the application is formalized by issuing a reasoned ruling, i.e. one where an assessment is given to the evidence presented and conclusions are formulated on whether the court recognizes them as valid or denies such recognition. You can file a private complaint against such a decision (to the appellate instance).

The essence of the appeal

The grounds for a material violation of substantive law can only be:

Failure to apply the law to be applied;
- application of a law that is not subject to application;
- misinterpretation of the law, which is provided for by Part 2 of Article 330 of the Code of Civil Procedure of the Russian Federation.

The presence of such violations must be specifically highlighted in the text of the complaint (from one’s own practice), without being too lazy to describe it as if for someone who does not know, such as “non-application of such and such an article” or “application of such and such an article”, so that the phrase catches the eye.

The most common grounds are significant violations of procedural law.

They are established by part 4 of article 330 of the Code of Civil Procedure of the Russian Federation:

Consideration of the case by the court in an illegal composition; consideration of the case in the absence of any of the persons participating in the case and not duly notified of the time and place of the court session;
- violation of the rules on the language in which the proceedings are conducted;
- adoption by the court of a decision on the rights and obligations of persons not involved in the case; the court decision was not signed by the judge or any of the judges, or the court decision was signed by the wrong judge or the wrong judges who were members of the court that heard the case;
- the absence of the minutes of the court session in the case; violation of the rule on the secrecy of the meeting of judges when making a decision.

That is, what is the basis for the transition to consideration according to the rules of the court of first instance.

If such violations were indeed committed in your case, start the cassation complaint from them, this will be a serious guarantee of success. Almost certainly will be taken into consideration.

However, the assumption of such jambs is not often. Basically, due to the haste of the court staff. A colleague twice had a moment when there was no record of the court session of the court of appeal in the case. I once had that in the appeal ruling there were no judges' signatures, and in the resolutive ruling they were, but not in the motivated ruling, and this is also a joint, but, I repeat, such a gift does not happen often. However, after returning the case to the district court, it is still not bad to get acquainted with it, but what if?

In general, cassation and supervision “love” procedural violations. This greatly simplifies their work and confirms its importance. After all, the presence of a significant procedural violation is one hundred percent reason to return the case for a new trial. And the return of the case is good for that - and the complaint was satisfied, and headache on the decision was dumped on the head of the lower court.

Reflecting on the complaints and knowing "this love", I try to drag, sometimes by the ears, violations of the lower courts to the procedural ones. It often comes out of this.

For such things, the provision of part 3 of article 330 of the Code of Civil Procedure of the Russian Federation is suitable:

Violation or incorrect application of the norms of procedural law is the basis for changing or canceling the decision of the court of first instance, if this violation led or could lead to the adoption of an incorrect decision.

That is, in addition to the specific list of significant procedural violations specified in part 4 of the same article, there is an interpretative rule under which you can try to bring any procedural error, so long as it affects or objectively could affect the violation of the rights of participants in the process, or the principles of assessing evidence and formation of a court decision.

Appealing a cassation complaint

The Code of Civil Procedure of the Russian Federation provides for a cassation appeal against court decisions and appeal decisions, as the next stage of judicial proceedings after the appeal.

Cassation appeal is a legal way of canceling the decisions of the court of first instance that have already entered into force. To initiate this process, it is necessary to file a cassation appeal by an authorized person in compliance with the terms, content and form, as well as subject to an appeal of the court decision of the first instance. Therefore, the complaint in cassation is filed not against a court decision, but against a court decision.

Cassation appeal - applicants and deadlines

The court of cassation has the right to apply:

The parties to the case, both the plaintiff and the defendant, a third party - if they consider the substantive legal norms to be incorrectly applied during the consideration of the case or in case of violation of the rights and obligations granted to them by the persons participating in the case;
any persons when a court ruling violates their rights and interests;
employees of the prosecutor's office, if the prosecutor participated in the case in the first instance.

The complaint may be filed within 6 months from the date of entry into force of the court decision and provided that the parties have used the appeal. In this case, the ruling issued by the court of appeal shall enter into force immediately.

The law quite clearly regulates the information that should be reflected in the cassation complaint. This is the surname, name, patronymic, address of the applicant and all persons participating in the case, preferably indicating their procedural status (and for the initiator of the complaint - mandatory), the name of the addressee of the complaint (authorized for cassation court consideration).

All courts that considered the case and the decisions made on them are indicated: the decision of the 1st instance, the appeal ruling, those acts of the court that are appealed with an indication of the specific causes and circumstances of the violation of the substantive law or procedural rules for considering the case (appeal), by virtue of which the issued decisions violate the rights and interests of the applicant.

The text of the complaint ends with a request to annul the decision of the court of first instance in whole or in part, cancel the appeal ruling and send the case for a new trial.

If the applicant is acting through a representative, the right to cassation appeal must be specifically stipulated in the power of attorney.

A cassation appeal in a civil case is filed immediately with the authorized court: if the appeal took place in the district court, the orders, decisions and other acts of the world court that have entered into force are appealed - the cassation will take place in the court of the constituent entity of the Russian Federation (presidium). If the case concerns decisions of the presidium of a constituent entity of the Russian Federation, the court of the constituent entity of the Russian Federation considered the appeal, therefore, the complaint is sent directly to the Judicial Collegium for Civil Cases of the Supreme Court of Russia.

When filing a complaint, a state duty is paid: 150 rubles, and if the applicant is an organization, then 3,000 rubles. Only when filing a cassation appeal in a divorce case are the parties exempted from paying it.

Court of Cassation

A complaint received in accordance with the rules for filing a complaint is examined by an authorized court. If there are grounds for its return (missing the deadline, filed by the wrong applicant, the content does not meet the requirements), the decision on its return is issued within 10 days. If there are no such grounds, the judge (the chairman, his deputy, a federal judge) decides whether to transfer it for consideration to a court session (when there are grounds for review) or refuse to transfer it. The refusal must be motivated, it is also appealed in the cassation procedure.

The complaint with all the materials of the case is submitted to the court, which considers them at the court session, about which the persons participating in the case are notified. They have the right to get acquainted with the materials of the case and give explanations during the meeting.

Judicial decisions are subject to cancellation in cassation if a significant violation of the substantive law is established: when the case was resolved incorrectly; or procedural requirements: for example, the persons were not notified of the court session, the composition of the court was illegal.

Based on the results of the consideration of the case, a court ruling or resolution will be issued. It will enter into force from the date of its adoption.

Any citizen who participates in the proceedings may appeal against the relevant decision by first filing an appeal and then a cassation. At the same time, a person may file a cassation appeal even in a situation where the decision has been made and has begun to take effect. Find out where to send the document and how to do it right now.

Any court decision can be appealed only within a certain period of time:

Filing an appeal - in this case, the higher court again examines the case and can either cancel the previous decision or toughen the requirements for punishment. There are also situations when the previous decision remains unchanged. In fact, a new court decision is made, which may be very different from the original one.
Filing a cassation - in this case, the original decision can be canceled or upheld. Those. no new decision is made.

Thus, if an appeal is essentially a new trial of a case with an often unpredictable result, then a cassation complaint is a review of a previous decision for its compliance with current legislation. A detailed analysis of all the differences between appeal and cassation is presented in the table.

appeal	cassation
this is stage 2	this is the 3rd stage of the proceedings (i.e. cassation is necessarily preceded by an appeal)
applied to decisions that have not yet taken effect	applied to decisions that have already been made by the court
filed with the same court that sends the appeal to the Court of Appeal	submitted to the presidium of the authority that made the decision
the case is reopened	the case is not conducted - only the compliance of the decision with the norms of the law is analyzed
as a result, it is possible to make a different decision or maintain the same	decision can be reversed or upheld

Thus, there are 3 instances:

The first instance is where the party applies initially.
Instance of Appeal - where the party applies in order for the decision of the 1st instance to be canceled in whole or in part (or changed in accordance with the requirements of the citizen).
The cassation instance is the judicial body where a citizen tries to appeal the appeal ruling.

For example, if a party applied to the court for intellectual property rights, then the scheme of the possible movement of the case will look like the one shown in the figure (from top to bottom).

A commentary by a practicing lawyer on the specifics of filing a cassation can be seen here.

What are the deadlines for filing a cassation?

A cassation appeal is filed in relation to those decisions that have already entered into force. Those. this is the only chance to legally reverse the previous decision. The timing of the possibility of filing this complaint depends on the specific branch of law under which the case is pending (see table).

The term is always counted from the day on which the decision to be appealed came into force. At the same time, the statute of limitations can be restored even in the event of a violation, if the party can prove in court the fact good reason, due to which timely circulation was impossible:

serious illness;
caring for a seriously ill relative;
force majeure circumstances (natural disasters, wars, etc.).

To restore the term, a citizen must file a petition with the same instance in which he intends to appeal the decision.

Who can file a complaint and where is it filed

Several categories of persons have the right to file a cassation complaint:

plaintiff;
defendant;
any citizens whose interests are somehow affected in the proceedings (even if they are not parties).

In a criminal case, the prosecutor, the convicted person and the victim also have the right to file a cassation.

A citizen can file a cassation only on the merits of the case, the decision on which he intends to appeal. Those. if the party, along with the complaint, wishes to defend other interests, this can only be done within the framework of a new case.

You can appeal with a cassation to the court that is higher in relation to the court where the case was pending (the court of 1st instance). In this case, a specific judicial body is selected based on the branch of law within which the process took place:

If the decision was taken by the court in any civil case, then the cassation should be sent to the presidium of this court (of the same region).
In the case of criminal proceedings, complaints are also submitted to the presidiums of the same entities.
Complaints that are related to economic disputes (i.e. related to arbitration) are submitted to other instances. Each federal district (Moscow, Far East, etc.) has its own supreme arbitration court (10 districts and, accordingly, 10 such instances). They consider cassation appeals of citizens and companies.

NOTE. The Supreme Arbitration Court previously represented the highest instance, after which appeals were made in various legal proceedings related to economic cases. If it was not possible to resolve the dispute there, then the next step is to appeal to the Constitutional Court of Belgium. However, the Arbitration Court ceased to exist in 2014. Therefore, now all appeals should be sent to the arbitration court, which belongs to a particular district.

Submission procedure

A cassation is always filed as an attempt to appeal (cancel in whole or in part) the appellate ruling of the court. Those. it is presumed that before filing a cassation appeal, the party has exhausted all legal methods of appeal.

The complaint is filed within the established time limits along with the following documents:

copies of all decisions that have been made by lower courts throughout the history of the proceedings;
a receipt confirming the fact of payment of the state duty.

NOTE. All copies of orders must be certified by the relevant courts. Notarization of the complaint and other documents is not required.

State duty

State duty is paid when handling cassation in almost all cases. You can pay for it if you find out the details of the relevant judicial authority on its website. There are a lot of payment methods:

through bank branches;
at ATMs;
through electronic payment systems;
through personal accounts online banking (for example, Sberbank online).

The amount of the fee is determined by two parameters:

Who applies - a company represented by a representative or an individual acting on his own behalf and in his own interests (for an individual, the fee is almost always cheaper).
The amount of the claim (in a certain percentage).

In the case of private citizens, the state duty is 150 rubles.

How long does a cassation process take?

According to the general procedure, the appeal with a cassation complaint is studied within no more than 1 calendar month. The countdown starts from the date of the official receipt of the complaint to the court (from the next working day).

However, there are often situations when the court of cassation (ie the instance dealing with the analysis of the cassation) considers it necessary to request any materials on the case. Then the consideration period is extended to the limit of two months. The countdown starts from the day when the required documents were received by the cassation court.

Finally, if the cassation is analyzed in the Supreme Court, then the standard period is 2 months, and in the case of a request for case materials, 3 months from the date of their receipt by the Supreme Court.

Cassation complaint sample 2018

In recent years, the form of the cassation complaint has not undergone significant changes. It is still important to reflect the following points in the document:

The official name of the court of cassation (it can be viewed on the official website).
Personal and passport data of the complainant: full name, series, passport number, address, by whom and when the document was issued.
The same data on all parties to the trial.
The names of all the courts that have already considered the case are the courts of the first and appellate instances. Also given here short description their decisions (i.e., it is the decision of the judicial body that is quoted).
A detailed description of all the reasons on the basis of which the party considers it necessary to cancel or change the previous decision. For the legal weight of the cassation, references should be made to the relevant codes and other normative acts - i.e. which procedural law has been violated.
The request of the complainant, which is specifically described on the basis of the arguments given.
Date, signature.

A sample document can be seen below.

Return of complaint

Cases of returning a cassation complaint without considering the document are clearly spelled out in the legislation:

If it is formatted incorrectly. This refers to the absence of any of the items described above and presented in the sample and / or incorrect filling (factual errors).
If the state duty and certified copies of all court decisions in the case are not attached to the cassation appeal.
Without a valid reason, the deadline for submitting an appeal was violated.
The complaint was received from a person who does not have the right to do so (i.e. does not participate in the court and in fact does not have a personal interest).
If jurisdiction is violated (i.e., the appeal was received by a court that is outside the case).
If a citizen files an appeal, ignoring the requirement to file an initial appeal.

The fact of the return and the reason that prompted the court to take such actions must be recorded in writing - the corresponding ruling is sent to the complainant no later than 10 calendar days from the day the cassation was received by the court.

Pregnancy and childbirth