Civil cassation court. Appeal: what is a cassation appeal?

from 02/16/2019

The procedure for reviewing court decisions that have already entered into force begins when a cassation appeal is filed in a civil case.

The receipt of this particular document means that a higher court will evaluate the legality and validity. Already after. And sometimes even already fulfilled.

The applicant must be careful when preparing a cassation appeal. To exclude the return of documents or refusal to consider on the merits. The procedure is regulated by Chapter 41 of the Code of Civil Procedure of the Russian Federation. So we posted an example and general recommendations drawing up documents for the cassation court. But please note that from 01.10. In 2019, separate cassation courts will operate. Information about their features will appear on the website.

Example of a cassation appeal in a civil case

To the Presidium of the Arkhangelsk Regional Court

Nyandoma, st. Oktyabrya, 32, apt. 41,

address: 164200, Arkhangelsk region, Nyandoma district,

Nyandoma, lane. Dimitrova, 1

within the framework of case No. 4-1878673/2020

On November 25, 2020, I sent to the Nyandoma district court Arkhangelsk region statement of claim. amounted to 60,000 rubles, compensation for moral damage was estimated at 50,000 rubles.

By the decision of the Nyandoma District Court dated February 2, 2021, my demands were partially satisfied. Material damage in the amount of 30,000 rubles was recovered from the defendant. The court assessed moral damage in the amount of 5,000 rubles. I received it in my hands only on February 10, 2021. I sent it to the Arkhangelsk Regional Court on February 20, 2021. By the appeal ruling of the said court dated May 4, 2021, the appeal was rejected. The decision of the Nyandoma District Court dated 02/02/2021 was left unchanged.

The plaintiff does not agree with the above judicial acts for the following reasons. The court came to the conclusion that my demands for recovery of material and moral damage were partially justified, which does not correspond to the actual circumstances of the case.

According to Art. 387 of the Code of Civil Procedure of the Russian Federation, the basis for the cancellation of a court decision that has entered into force and the ruling of the appellate instance is a significant violation of the norms of substantive and procedural law that influenced the outcome of the case.

The court of first instance did not satisfy the demand for recovery from the Defendant of material damage in the amount of 20,000 rubles, which were spent by the Plaintiff on the purchase wedding dress and shoes, citing the absence of a cash register or sales receipt for these items.

However, in accordance with Art. 493 of the Civil Code of the Russian Federation, the absence of checks or other documents confirming payment for goods does not prohibit referring to the testimony of witnesses. I stated: the seller of the “Wedding” store, Irina Lozhkin. There is no information about proper notification of the witness. In addition, I provided indirect evidence, which the court did not appreciate. On the day of purchasing a wedding dress from my bank card I withdrew 25,000 rubles. to pay for purchases.

The defendant falsified evidence by inviting his friend, Elena Pavlova, to court. She stated that the Defendant had purchased the previously mentioned goods. However, she was unable to provide any explanation regarding the price or the exact time of purchase. The defendant did not work and had no savings of her own. Although she presented a copy to the court. The original was never presented to the court, despite this, the court considered the evidence of the fact of her work confirmed.

Thus, when the court of first instance made a decision to refuse to recover 20,000 damages from the Defendant in my favor, Art. 67 of the Code of Civil Procedure of the Russian Federation on the assessment of evidence, as well as Art. 30 of the RF IC on compensation for damage caused to a conscientious spouse.

Based on the above, guided by art. 30 IC RF, 376, 387, 390 Code of Civil Procedure of the Russian Federation,

1. To cancel the decision of the Nyandoma District Court dated 02/02/2021 on the claim of A.N. Rozhkov. to Savchenko M.A. on compensation for damage after the marriage was declared invalid in terms of refusal to collect 20,000 rubles. material damage;
2. Cancel the appeal ruling of the Arkhangelsk Regional Court dated 05/04/2021.
3. Refer the case for a new trial.

Application:

1. Copy of the cassation appeal
2. Receipt of payment
3. A copy of the decision of the Nyandoma District Court;
4. Appeal ruling of the Arkhangelsk Regional Court;

Rozhkov A.N. September 24, 2021

How to draw up a cassation appeal in a civil case

To prepare a cassation appeal, it is necessary to obtain certified copies of the court's decision and ruling. The applicant attaches them to the complaint. Otherwise, the court will not accept the documents for production.

The header of the complaint states:

• name of the cassation authority, i.e. the court that is authorized to consider the complaint;
• information about the initiator of the complaint: last name, first name, patronymic, address, as well as procedural status (plaintiff, defendant, third party);
• a list of all persons participating in the case, indicating their full name, address of residence, and procedural status.

The text of the complaint must contain: the name of the court that considered the case on the merits, summary and the date of the decision, the name of the appellate court, the date and content of the appeal ruling (result).

Mandatory: what norms of substantive or procedural law were violated during the resolution of the case or during the process, as well as which court rulings (decisions) are subject to cancellation for this reason.

In cassation, you can appeal those that cannot be filed, for example, refusals of applications, etc.

If a person did not participate in the case, and the court decision had an impact on his rights and obligations (and such persons have the right to file a cassation appeal), it is mandatory to indicate which rights were violated.

A cassation appeal in a civil case must end with the applicant’s request: to cancel the decision of the court of 1st instance in whole or in part, to change the court decision due to a violation of substantive rules of law, etc. Read more in Article 390 of the Code of Civil Procedure of the Russian Federation.

Filing a cassation appeal to the court

The cassation appeal in a civil case and the attached materials are sent directly to the cassation court. In this case, it is necessary to provide copies (of both the complaint and all attachments) to the persons participating in the case. The authorized court is determined based on the rules of jurisdiction when filing a statement of claim, taking into account the appellate instance.

If the case was initially considered by a magistrate, the appeal took place in the district court, and also when the appeal was considered by the court of a constituent entity of the Russian Federation, the Presidium of the court of a constituent entity of the Russian Federation is authorized to consider cassation appeals.

Clarifying questions on the topic

21.01.2019

Lost in the court of first instance and in appeal, but the court decision entered into legal force? You have the opportunity to file a complaint with the Court of Cassation. In our new article we'll tell you how to do it.

Cassation proceedings are designed to protect the interests of the applicant (defendant, plaintiff or other person), to prevent violation of his legal rights and causing harm during the execution of an unlawful decision. The law gives six months to file a cassation appeal against a decision of a court of general jurisdiction and two months to appeal an arbitration decision. It is drawn up and sent after the adoption of the appeal ruling and the entry into force of the court decision.

Recommendation: Despite the relatively long period for filing a cassation appeal, do not delay this process. The moment when a higher court will overturn an unfair decision depends on your efficiency.

“Unpredictable” cassation

Cassation is the most unpredictable stage of appealing an unfair or “undesirable” judicial act. Often, the cassation instance leaves court decisions unchanged clear signs violations. This is especially true for courts of general jurisdiction. But why does this happen? After all, the court is obliged to protect the interests of the “infringed” party.

There are two answers to this question. If we talk about district courts, then today a cassation appeal, as a rule, takes place in the same subject of the Russian Federation where the initial decision was made. For example, a complaint against a district court decision that has entered into force is sent to the presidium of the court of a constituent entity of the Russian Federation (supreme, regional, regional, etc.) where this court operates. This is required by Article 377 of the Code of Civil Procedure of the Russian Federation. And if the court of the subject begins to cancel the decisions of its own lower authorities one after another, then this will sharply worsen the statistics and raise questions from Moscow from the Supreme Court. It was this situation that led to another reform of the judicial system of the Russian Federation, which began last year. We will talk about it in more detail below.

If we talk about arbitration courts of cassation, they cancel much more solutions than their colleagues from the field of general jurisdiction. This is because they are not bound by “regional” interests and can take a more independent position. However, not everything is so smooth here either. Often, decision-making is seriously influenced by the notorious judicial “corporatism” (many cassation and appellate judges know each other in person or in absentia), as well as established practice. Well, there's nothing you can do about it.

The second reason why the cassation court does not always overturn decisions of lower courts is that it is based on the content of the cassation complaint and the arguments presented in it. In addition, it checks the legality of the court decision. Speaking in simple words, the cassation court will not (and is not obliged) to study in detail the circumstances of the case and evaluate the correctness of the assessment of evidence in the case by “previous” authorities.

The cassation court does not have the right to review facts and circumstances already assessed by previous instances if the assessment was carried out in compliance with the norms of substantive and procedural law. Further, he cannot collect additional evidence and attract new defendants to participate in the case.

As a result b O The majority of such complaints are not satisfied by the courts at all. This postulate especially clearly illustrates the activities of the Supreme Court of the Russian Federation as a cassation instance. Thus, according to statistics, the RF Armed Forces satisfy only 1.35% of such complaints received against it. That is, on average, only 1 complaint out of 100! This is a very low percentage. Most of the complaints received are not even transferred to the appropriate board of the RF Armed Forces. The responsible judge, having examined the documents, issues a ruling refusing to transfer the case to the cassation instance. This is where it all ends. (Determination of the RF Armed Forces No. 11-КГ18-38 dated December 14, 2018).

In what cases is it possible to cancel an appellate decision or a judicial act of the first instance?

You can count on the cancellation of a decision that has entered into force if during the consideration of the case and when making the decision the following norms were violated:

substantive law, namely:

• the legislative norms to be applied were not applied;
• legislative norms that were not subject to application were applied;
• legal provisions were misinterpreted.
• there is no protocol of the court hearing in the case;
• the case was considered by the court in an inappropriate composition;
• legal norms regarding the secrecy of court conferences were violated;
• the trial took place in the absence of one of the obligatory participants in the case without proper notification of the person about the date and place of the court hearing, etc.

Despite the complexity of the cassation appeal procedure, it is quite possible to win the trial. But: you need to remember that the correctness of the cassation plays a role decisive role in the outcome of the case.

Important: Despite the fact that cassation courts are reluctant to satisfy complaints against decisions taken in two instances, it is worth filing a complaint. The point is not only and not so much whether there are chances to win the case in the cassation court. The most important thing is that the applicant has the opportunity to further appeal the court decision - subsequently sending a petition to the Chairman of the Supreme Court of the Russian Federation and to the European Court.

Cassation – where to submit?

Cassation appeal against decisions of arbitration courts

The arbitration cassation appeal system is two-level and includes two links: district arbitration courts and the economic disputes panel of the Supreme Court. The complaint must be filed through the court of the authority that made the decision being appealed.

Cassation appeal in civil cases of general jurisdiction.

The complaint is sent directly to the cassation authority. Today (that is, at the beginning of 2019), the rules of the Code of Civil Procedure of the Russian Federation are still in force, indicating that it is usually filed with a higher court of a constituent entity of the Russian Federation.

For example, if a citizen or legal entity appeals an appeal ruling of a court of a constituent entity of the Russian Federation, then he/it sends the complaint to the presidium of the same court. In a similar way, decisions of district courts that have entered into force, as well as decisions and court orders of magistrates, are appealed. The party that is dissatisfied with the verdict that has been rendered and entered into legal force will also appeal it to the presidium of the highest court of the constituent entity of the Russian Federation.

At the same time, the current articles allow you to additionally send a cassation appeal against decisions and rulings of district courts that have entered into force even to the Supreme Court of the Russian Federation, when they have already been appealed to the presidium of the court of a constituent entity of the Russian Federation. True, as we already learned above, the Supreme Court considers a little more than 1% of such complaints. But it's still worth a try. What if your business ends up in this 1%?

Novels in the field of cassation appeal.

In July 2018, the President of the Russian Federation signed constitutional law No. 1-FKZ. This normative act significantly reforms the entire judicial system of Russia. One of the most important innovations of this law is the creation of a cassation court of general jurisdiction in our country. In accordance with it, the Russian Federation is divided into nine districts, each of which has its own cassation court. It will consider complaints against the decisions of lower courts and magistrates that have entered into force, as well as against acts of the courts of appeal adopted on complaints and submissions against decisions of lower authorities.

Based on the above, the presidiums of the courts of the constituent entities of the Russian Federation will lose the right to consider cassation appeals. According to the authors of the law, this will completely eliminate the interest of the cassation instance in upholding the decisions of lower courts and will increase the fairness of court verdicts.

However, these rules are not yet in effect. The reform is currently being carried out by the RF Armed Forces. In 2019, he should announce the day when these courts will begin operating. But in any case, this the event will happen until September 1 of the current year. For now, everything remains the same.

What decisions can be appealed in cassation?

IN cassation procedure decisions are appealed:

• entered into force;
• for which other appeal options have been exhausted.

“Other options” means an appeal.

In other words, consideration of a case on appeal is a necessary and sufficient condition for reviewing a decision in the court of cassation, not counting individual cases specified in the Civil Procedure Code and the Arbitration Procedure Code.

If the appellate instance was “missed” and the decision came into force, you can appeal the decision of the first instance court in cassation. In the case of an appeal hearing, when the original decision is left unchanged, the applicant has a choice: to appeal the decision of the first instance or the decision of the appellate court.

Who can file a cassation appeal?

The following have the right to file a cassation appeal:

• persons taking part in the case: defendant, plaintiff, their authorized representatives, etc.;
• third parties whose rights and legitimate interests were significantly affected by the decision of the court of first instance or appellate instance.

How long does it take to file a cassation appeal?

It is very important not to miss the deadlines established by law for a cassation appeal. For civil cases it is six months, and for arbitration cases – two months.

The countdown of the required period should begin from the day following the day of adoption of the appeal decision or from the day the decision of the court of first instance entered into legal force.

How to write a cassation appeal correctly?

In order to win in court, to achieve a review of the case or to overturn a court decision, you need to correctly draw up a cassation appeal, taking into account the specifics of the proceedings, the powers of the cassation court, the goals of the applicant and the available data on the case.

Despite the fact that the complaint is drawn up in any form, you should adhere to a number of rules for drawing up this document.

The complaint must indicate:

• details of the court of cassation;
• the name of the court that made the appealed decision;
• information about the applicant and data about the parties to the dispute;
• case number, place and date of the final consideration of the case;
• the subject and circumstances of the trial, as well as a summary of the decisions being appealed. In addition, the Code of Civil Procedure of the Russian Federation, for example, (Article 378), requires that the applicant specifically indicate the essence of the violations of substantive and procedural norms committed by lower courts and provide arguments confirming these facts;
• the applicant’s requirements with references to the relevant provisions of the law;
• list of attached documents.

The following materials are attached to the complaint:

• a certified copy of the appealed court decision;
• a receipt for payment of the state duty, or documents indicating the right to benefits when paying it, or an application for installment plans, and so on;
• documents that confirm the fact that a copy of the complaint was sent to other participants in the process, as well as papers or other materials they do not have;
• a document confirming the right to file a cassation - if the complaint is filed through an authorized person.

Important: the content of a cassation appeal is fundamentally different from the content of the initial statement of claim and appeal. Therefore, there is no need to duplicate information and rely on the sample claim. Cassation is written “with clean slate”, taking into account the fact that this authority takes into account only “errors of law”.

Therefore, it is not worth talking about newly discovered facts and circumstances, as well as bringing (and asking to take into account) new evidence in the case.

What to ask for at the cassation office?

In a cassation appeal, you can make a request for a new decision or to send the case for a new trial. Despite the fact that the cassation court is not actually bound by the arguments of the petition, the judges are unlikely to go beyond the stated requirements. Therefore, the best solution is to ask for the case to be returned for a new trial. In 90% of cases, the case is sent for reconsideration to the court of appeal or the court of first instance, which become more “accommodating” and meet the applicant halfway in issuing requests and adding new facts and evidence to the case.

If you ask the court to make a new decision, you need to take into account that the cassation instance can make it only if in the case under consideration there is all the necessary data to make such a decision, that is, no additional evidence is required, and there is no need to re-evaluate the available data . Otherwise, the applicant may be denied a new decision.

Time limits for consideration of a cassation appeal

For civil cases

In cassation instances, with the exception of the Supreme Court, consideration of complaints must be carried out within one month if the case has not been requested, and within two months if the case has been requested.

The Supreme Court considers complaints within two months or three months, respectively.

For arbitration cases

Cassation arbitration courts are obliged to consider the complaint within a period not exceeding two months from the date of receipt of the application.

If the cassation appeal is sent to the cassation authority before the expiration of the legally established deadline for filing it, the countdown of the time period for consideration of the complaint begins from the day the maximum period for filing the cassation expires.

These deadlines can be extended, for example, due to the complexity of the case - up to 6 months or more - based on an application by a judge of the cassation court.

State fee for filing a cassation appeal

When filing a cassation, you must pay a state fee in the amount of:

• One hundred and fifty rubles – for an individual;
• Three thousand rubles - for legal entity.

Submit a cassation yourself

You can file a cassation yourself if you take into account all the procedural nuances of the cassation procedure. It is important to know that any wrongful decision seriously affects the authority of the judge. Therefore, a positive review of court decisions that have entered into force is the exception rather than the rule. After all, if there is an error in the decision, it must be promptly corrected at the stage of appeal consideration. Winning in the court of cassation and in subsequent instances is the highest achievement even for the most experienced lawyer.

Legal assistance in the cassation court

If you want to win the court in cassation and are in search of reliable, qualified legal assistance, then the lawyers of Gestion are ready to provide legal support at all stages of the cassation process.

Your trusted lawyer:

• Explain the nuances of drawing up a complaint and appealing to the court of cassation;
• Prepare a cassation appeal taking into account the individual circumstances of the case;
• Conduct a legal analysis of the situation;
• Will introduce you to examples of successfully resolved cases from judicial practice;
• Build a winning line of defense;
• Represent your interests in court;
• Reinstate missed deadlines for filing an appeal.

To protect your interests in resolving civil arbitration disputes, it is possible for a lawyer to join the case at any stage of the cassation process.

Filing a complaint is an effective regulator public relations. It can also be filed in civil proceedings.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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Allowed as a change in cases that have not yet entered into legal force, and fully entered.

General aspects

Often, bodies included in the judicial system make decisions that do not suit citizens and legal entities.

That is why there are rules for appealing decisions in various ways, for example cassation.

The Code of Civil Procedure provides for the possibility of appealing decisions in three ways:

• appeal;
• cassation;
• supervision.

It is in this order that it is necessary to carry out actions aimed at changing the court decision. If the sequence is violated, the complaint will be rejected.

What it is

A complaint is understood as a special legal act that contains a requirement for all kinds of violations of the law and restoration of justice. Such a document can be submitted to any authorities, including judicial authorities.

A complaint, called a cassation complaint, involves examining the decision that was made on a specific dispute and deciding whether it complies with the legislation of the Russian Federation.

The cassation appeal is issued and sent by authorized persons within the established time frame. Special rules for its submission are reflected in the articles of the procedural code (382 Code of Civil Procedure).

Review period

The case on this issue must be investigated within a period not exceeding thirty days. This applies to cases where documents were not received as requested.

In other situations, a two-month period is given. Different provisions are laid down for the consideration of a complaint by the highest judicial authority (the Supreme Court).

The total period for completing all legally significant actions should not exceed 3 months (and if the case was not received during the claim process - two).

The legislative framework

This legal action is regulated by various legal acts:

1. Fast. Plenum of the Armed Forces of the Russian Federation of December 11, 2012 “On the application by courts of the norms of civil procedural legislation governing proceedings in the cassation court.”
2. Civil Code.
3. Code of Civil Procedure of the Russian Federation.
4. CAS RF, etc.

What you need to know

Before filing a petition, you need to determine whether you have legal rights to do so. Among these are:

• violation of legal norms when making decisions by state judicial bodies;
• inability to restore your interests in any other way;
• unlawful interpretation of substantive and other law, etc.

If there is at least one of these circumstances, then the citizen has the right to file a cassation appeal in court.
Of particular importance in this regard are the rules on the deadlines for filing petitions with the court.

During the initial appeal, all legally significant actions must be taken within thirty days. Cassation cannot be carried out later than six months.

If for any reason these deadlines are violated, you can ask the judge to reinstate them, citing good reasons.

Cassation appeal against an appeal ruling in a civil case

The appeal stage precedes the appeal to the cassation court. The citizen is given thirty days to complete this action.

Having considered the appeal, the court makes one of the following decisions:

• leave the legal relationship unchanged;
• change it radically;
• change in part;
• refer the dispute for reconsideration.

Any of the above decisions is formalized in the form of an appeal ruling, which comes into force immediately.

Only after this can a citizen begin a cassation appeal. A complaint can only be filed with a higher authority, for example:

Otherwise, an appeal occurs within the framework of the arbitration process, which is regulated by the Arbitration Procedure Code of the Russian Federation.

In the Supreme Court of the Russian Federation, complaints are considered by the judicial panel for civil cases, and in all other courts such powers are vested either in a council of three qualified judges or in presidiums.

The Presidium intervenes in the case only when the appeal decision has been made by the same court, which will review the case in cassation.

The procedure and rules for reviewing decisions are identical for all judicial bodies. Differences can only be made in terms of the timing of decisions.

The only basis for canceling a previously made decision is a fundamental violation of the law Russian Federation, in which it is impossible to restore the affected rights and interests of a citizen or legal entity.

Is it possible to appeal to the court of the Russian Federation (sample)

On the websites of courts operating in the Russian Federation, there are examples of cassation appeals in civil cases.

Such a complaint has the following structure:

1. The name of the authority to which it is submitted, indicating the address, zip code and telephone number.
2. The name of the document is “Cassation Appeal”.
3. An indication of the initial decision, the appeal ruling.
4. Description of your claim and a link to the evidence base.
5. List of applications.
6. State duty receipt.

The application must be made in writing and signed by a person entitled to do so. This means both the applicant himself and his legal or contractual representative.

It is also necessary to determine the subjects of cassation appeal. Thus, it can be filed either by a citizen who is a plaintiff in the original case or by an interested citizen.

It means a person whose rights are violated by a decision. The prosecutor also has this right.

This is possible in cases where the court ruling affects a large number of people. Moreover, the prosecutor is exempt from paying state fees, as well as other legal costs.

The final act, issued in in this order, is a cassation ruling or ruling. They must comply with the rules provided for in Article 388 of the Code of Civil Procedure of the Russian Federation.

If the Determination is made in cases where the complaint is accepted, dates for the hearing are set, additional evidence is attached, and responses to the petitions are issued. The decree recognizes the final decision in a civil case.

Photo: sample of a cassation appeal in a civil case

To the supreme

This state organization is the highest authority in relation to any cases (civil, criminal, arbitration).

In order for there to be a full-fledged right to file a complaint and send it to a higher authority, it is necessary that at least one of the following factors be present:

• the case was appealed;
• the six-month period has not passed since the issuance of the appeal ruling;
• it is impossible to protect rights and legitimate interests in any other way.

In such a court, the case is considered by a civil panel. The Code of Civil Procedure establishes a period within which a decision must be made.

It is equal to three months. If the case turns out to be complex and requires more detailed study, the chairman of the court can increase the term, but not more than a couple of months. A sample cassation appeal in a civil case is available.

In the regional

He is authorized to consider complaints through cassation procedure. Moreover, decisions of both lower judicial bodies and the regional court itself can be reviewed.

If complaints are filed against decisions of magistrates or district courts, then the case is considered by a specific judge, and if a decision of a regional body is appealed, by the presidium.

The time frame for considering a complaint depends on whether the case was withdrawn or not. As a rule, more than two months are not allotted for making a decision.

To draw up and correctly execute such a document, you must contact the judicial authority or issue it online on the website. The appeal takes place in a different manner, established by the legislation of the Russian Federation.

Is there a state fee?

For the commission of any actions by government bodies or their officials, the Tax Code establishes a duty.

Article 333.19 describes in detail the amount of state duty when submitting acts to the judicial authorities on various issues.

Thus, when filing a complaint in the manner described above, you must pay fifty percent of the price of the non-property claim.

For example, if a decision to receive alimony is appealed (the fee is 150 rubles), you need to pay 75 rubles for filing a cassation.

Document submission procedure

Regardless of where a document called a civil complaint is filed, there are general rules preparation and presentation of documents.

The fundamental act that gives rise to legal proceedings is a cassation appeal.

There are some rules that need to be followed:

1. It must be submitted by an authorized person - the applicant, the interested citizen, the prosecutor.
2. Only the applicant himself or his legal representative can sign.
3. Evidence must be attached to it.
4. It is mandatory to comply with the period during which a citizen has the right to file a complaint - six months.

The complaint itself has a certain structure:

• name of the authority to which the document is sent;
• information about the citizen or commercial or other company submitting the petition;
• description of decisions of lower courts;
• the fact of infringement of rights given by law;
• signature.

It should be noted that it is imperative to attach copies of documents from other courts, including those that have already reviewed the case.

All documents must be submitted in the same quantity as the number of parties expected in the case. If the complaint is filed by a representative, then you must attach a document confirming his authority. For example, this is a power of attorney agreement.

The first and last thing I want to write about the cassation instance is that it Entrance door is official, i.e. Only for legal professionals. Moreover, in cassation appeals, as practice shows, there is a greater chance of getting the decisions of lower courts overturned than in an appeal.
Anyone interested in seeing why this is so, and what kind of beast this is - a cassation appeal - can read further.

We will not retell what is written in the Civil Procedure Code of the Russian Federation about the timing, procedure, and content of a cassation appeal.
Let's pay attention to the following:
Proceedings in the court of cassation are intended to correct significant violations of substantive law or procedural law committed by the courts during the previous trial of the case and which influenced the outcome of the case, and without eliminating which it is impossible to restore and protect violated rights, freedoms and legitimate interests, as well as public interests protected by law. (from the resolution of the Plenum of the Supreme Court of the Russian Federation dated December 11, 2012 No. 29 “On the application by courts of the norms of civil procedural legislation governing proceedings in the cassation court”, the provisions of which must also be followed when preparing 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). Complaints are considered through cassation procedure on decisions that have entered into legal force courts up to the cassation rulings of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation. Typically, 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 appeal stage, because if there was no appellate instance, then the court will not consider the cassation appeal(of course, you can file a complaint, but it will be returned without consideration).
The period for appeal is 6 months from the date the decision enters into legal force. Regardless of whether the decision was made by a magistrate or a district court, and, accordingly, who made the appeal ruling, a cassation appeal is filed to the presidium the supreme court of the republic, the regional, regional court, the court of a federal city, the court of an autonomous region, the court of an autonomous district. Appeal submitted directly to the cassation court.


And one more thing I would like to draw your attention to: when getting information from the Internet, do not forget to “check your watches” with the current edition of the Code of Civil Procedure of the Russian Federation, and if you decide to write a cassation appeal yourself, 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 first and appellate instances, and this is a difficult task. Moreover, cassation has a significant difference - purely legal specifics. The Court of Cassation does not consider the case itself on its merits; it evaluates the correctness of the courts’ application of the law.

Time and its meaning: once again on the deadlines for cassation appeals

The six-month period begins to run on the day following the adoption of the appeal ruling and expires on the corresponding date. last month given period. At the same time, the announcement at the court hearing of the appellate court of only the operative part of the appeal ruling and the postponement of drawing up a reasoned appeal ruling for a period of no 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 appeals is not considered missed if they were submitted to the postal service organization before twenty-four hours last day term (part 3 of article 108 of the Code of Civil Procedure of the Russian Federation). In this case, the date of filing the cassation appeal is determined by the stamp on the envelope, a receipt for the receipt of registered mail, or another document confirming the receipt of the correspondence.
A cassation appeal filed after the expiration of the six-month period is subject to return without consideration on the merits, unless it is accompanied by a court ruling that has entered into legal force to restore this period.
The deadline 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 its omission due to circumstances that objectively exclude the possibility of filing a cassation appeal within the prescribed period. In a relationship individuals participating in the case, such circumstances, in particular, may include serious illness, helpless condition, other circumstances related 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 timely file a cassation appeal in court.

It should be borne in mind that the application for restoration of the term can be satisfied if circumstances that objectively exclude the possibility of filing a cassation appeal occurred within a period no later than one year from the date the appealed court decision entered into legal force.
Circumstances associated with 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 to restore the deadline for filing a cassation appeal or presentation without checking the specified circumstances.

Argumentation of cassation complaints
The task of the court that considers the cassation appeal is to check whether the rules of law were applied correctly during the first consideration of the case. Notes on the interpretation of the rules of law given by a higher court are mandatory for the court reconsidering the case.
The limit of verification lies in the arguments in the filed complaint. The cassation court may go beyond these arguments if this is due to the interests of legality. The cassation instance cannot check court decisions in the unappealed part or decisions that were not appealed at all.

The case is not considered in the cassation court, because The task of the presidium of a higher court is not to consider a civil case as such.

In one of his decisions Supreme Court The Russian Federation explained that when considering a case in cassation, the court checks the correct application and interpretation of the norms of substantive law and norms of procedural law by the courts that considered the case, within the limits of the arguments of the cassation appeal or presentation. In this case, the cassation court does not have the right to establish or consider as proven circumstances that were not established or were rejected by the court of first instance or appellate instance, to prejudge questions about the reliability or unreliability of this or that evidence, the superiority of some evidence over others, and also to examine new evidence.

Thus, in accordance with the requirements of the current civil procedural legislation, a decision to review by 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 rules of substantive or procedural law.

The Supreme Court of the Russian Federation overturned the cassation decision, indicating that “in violation of the provisions of Part 2 of Article 390 of the Civil Procedure Code of the Russian Federation, disagreeing with the assessment of the evidence given by the court of appeal, the Presidium of the Krasnodar Regional Court gave its assessment of the evidence and circumstances of the case. The presidium of the Krasnodar Regional Court did not establish any violations of the norms of substantive and procedural law committed by the appellate court. Thus, the cassation court did not have the grounds provided for in Article 387 of the Civil Procedure Code of the Russian Federation for canceling the appeal ruling of the judicial panel for civil cases of the Krasnodar Regional Court dated September 6 2012" (With full text The rulings of the Supreme Court of the Russian Federation can be found here).

If you have read this far, then it is probably clear to you that filing a cassation appeal is an even more difficult task than an appeal. If you are ready to cope with it yourself, then with all our hearts we wish you success. If the rules of law were indeed violated, then you have an almost 100% opportunity to overturn the wrong court decision.

Our lawyers provide a variety of legal services related to the consideration of a civil case in the cassation instance; They will analyze the decisions of the courts of first and appellate instances, advise on the prospects of appealing in cassation, help you competently draw up a cassation appeal and defend your rights in higher courts, up to the Supreme Court of the Russian Federation.

Cassation is the third and fourth instance in the judicial process of courts of general jurisdiction (the second is the appellate instance). An article on our website dedicated to the appellate instance will help you understand the difference between cassation and appeal in civil proceedings.

To explain the essence of cassation in civil proceedings, we will give examples of cassation courts. The claim was filed in the magistrate's court, and as a result of its consideration, a refusal was issued. The decision was appealed to the city court and the appellate ruling was left unchanged. The cassation authority in in this case will be the highest court of the subject (for example, the Moscow Regional Court for the Moscow Region and the City Court of St. Petersburg for St. Petersburg).

You can also give an example when the application was initially submitted to the city court and the requirements were denied. The appeal ruling of the region's highest court left the decision unchanged. In this case, just as in the case of the initial filing of a claim in the magistrate’s court, the third instance will be the highest court of the subject, only with a different composition of judges in relation to the one considering the appeal.



Filing a cassation appeal

Where to start when you have in your hands the decision and determination of the courts of first and second instance? How to draw up and submit a cassation appeal?

First of all, it should be noted that the deadline for filing a cassation in civil proceedings is quite long and in most cases is six months from the date of the appeal ruling. The cassation appeal must indicate which decisions of previous instances are being appealed and the case numbers. It should also indicate which rules of law were applied incorrectly or were not applied at all, and for what reasons they are subject to application in this trial.

A cassation appeal should be submitted directly to the court that will consider it. As mentioned above, based on the result of consideration of the complaint, the judge alone makes a decision either to transfer the case for consideration or to refuse to transfer it for consideration. If the complaint is submitted to the board for consideration, the determination will indicate the date and time of the court hearing.

Features of the case consideration

It is worth considering that the cassation court does not re-evaluate the facts that were established by the first instance and the appeal. Therefore, it is recommended to refer specifically to the incorrect application of substantive and procedural legislation.

For example, the court of first and second instance, following a claim by the district administration for the demolition of an unauthorized building, established that there is an unauthorized building on the land plot. Under such circumstances, it will be unlikely to challenge the fact of erecting a structure on a land plot in cassation, but the rules of law on the basis of which the structure was recognized as unauthorized may be subjected to a new analysis. However, we should not forget that serious procedural violations could have led to an incorrect assessment of the facts, which can and should be referred to when appealing.

Second cassation in civil proceedings

It will be quite difficult to appeal the decision of the court of first instance, left unchanged by the appellate ruling, but it is still possible. The main problem when filing a cassation appeal is that 99% of them are not submitted to the panel of judges at all, since the judge, by his ruling, refuses to transfer the complaint to the cassation court for consideration, while giving a fairly brief reasoning.



It is important to know that refusal to transfer a case does not exhaust the rights to cassation appeal; a cassation appeal can consist of two parts. If the first one is refused, the second cassation in civil proceedings (exactly the same) is submitted to the Supreme Court. In this case, you must manage to meet the general six-month deadline established for a cassation appeal.

Having analyzed the concept of cassation in civil proceedings, in conclusion we once again emphasize that when preparing a cassation appeal, you should not simply duplicate the statement of claim and appeal, while pointing out in detail the illegality of the actions of the defendant or plaintiff. The complaint must focus on the court's errors made when making a decision or appellate ruling.

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