Art. 378 CCP RF. Contents of cassation complaints, representations. Deadline for filing a cassation appeal in a civil case

. Legislation fixes a list of requirements that must be met by the content of cassation complaints / submissions . In case of non-compliance with the requirements, applications are returned without consideration.

Cassation appeal: CCP

The Code establishes a list of mandatory information that must be present in the application. They are defined in part one of Art. 378 CCP RF. They include:

1. The name of the authority to which the application is sent.
2. Name (full name) of the subject documenting the document, its location (residence). Its procedural status is also indicated.
3. Information about other persons participating in the proceedings.
4. A reference to the courts of law that examined the case in the first, as well as on appeal, cassation, as well as the content of the decisions rendered.
5. Information about the decisions, which are disputed.
6. Indication of violations of procedural / substantive rules made by previous instances, which influenced the outcome of the proceedings. Here are the supporting arguments.
7. The request of the person making the application.

additional information

According to Art. , в заявлении субъекта, не участвовавшего в разбирательстве, должно указываться, какие его законные интересы/права были нарушены решением. 378 of the Code of Civil Procedure of the Russian Federation , in the application of the entity that did not participate in the proceedings, it should indicate which of its legitimate interests / rights were violated by the decision. In this case, the decision must come into effect. If the complaint was previously filed with the cassation instance, the new application should include an indication of the decision taken on it.

Special requirements

The application must contain the signature of the person challenging the decision or his representative. In the latter case, a power of attorney or other document confirming the relevant authority is attached to the complaint. Together with the application to the court, copies of the decisions certified by the appropriate authority, a receipt for payment of the fee, are also transmitted. If the subject is entitled to a privilege or granted a deferment / installment, a complaint is attached to the complaint certifying it.

Comments

In the part of the first rule under consideration, an exhaustive list of requirements is set, which must be met by a cassation complaint. , устанавливая их, обеспечивает, таким образом, возможность всестороннего рассмотрения заявления уполномоченной инстанцией. The CCP , when establishing them, provides, therefore, the possibility of a comprehensive review of the application by the authorized body. The presence in the document of the information provided for in paragraphs 1-5 of the first part of the norm, allows to establish the right of the relevant subjects to appeal to the appropriate court, the competence of the authority to consider the request,

Nuances

The established art. требования об обязательном включении в заявление указание на конкретные нарушения материальных или процессуальных норм, с приведением доводов обусловлены тем, что изменение постановления по делу возможно только в случае выявления обстоятельств, существенно повлиявших на решение, без устранения которых цель правосудия достигнута не будет. 378 of the CCP RF requirements to include in the application an indication of specific violations of substantive or procedural rules, with the reasoning is due to the fact that the change in the decision in the case is possible only in the event of the discovery of circumstances that significantly influenced the decision, without eliminating which the goal of justice will not be achieved. The request of the subject must be in accordance with the authority of the body. It must be reduced to a change (partial or complete) or to the cancellation of the contested decision, the adoption of a new act or the abandonment of one of the decisions rendered.

Subjects not participating in the proceedings

As the art. , такие субъекты, подавая заявление, оспаривающее постановление, описывают нарушения интересов и прав вступившим в действие решением. 378 of the Code of Civil Procedure of the Russian Federation , such entities submitting an application challenging the resolution, describe violations of interests and rights entered into force of the decision. This is stipulated in the provisions of Article 376 of the Code. According to the first part of this rule, subjects who did not participate in the proceedings have the right to appeal to the cassation instance only when the decision affects their interests.

Information about the adopted resolutions

If the decision was previously appealed in the cassation instance, the applicant must indicate information on the decision passed on it. In case of non-compliance with this requirement, the request will be returned without consideration. A cassation appeal against the appellate ruling adopted by the Armed Forces of the Republic, the region, the krai or another region, as well as the decision handed down by the district court in the first instance and enacted, are sent to the Collegium of the Supreme Court if they were challenged in the presidium of the relevant body (regional or district) .

State fee

, субъект должен произвести обязательный платеж. Before filing a cassation complaint , the subject must make a mandatory payment. Issues relating to the payment of fees are governed by Ch. 23.5 NC. According to Art. 333.18 (clause 1, subitem 1) of the Code, when applying to the judicial bodies of general jurisdiction, the subjects make a compulsory payment before filing a complaint. The amount of the fee for civil cases is determined in accordance with the provisions of Art. 333.19 NC. Article 333.20 of the Code allows a reduction in the amount of payment, taking into account the property status of the person, or deferment / payment by installments in the manner prescribed by Art. 333.41.

Deadline for filing a cassation appeal in a civil case

The subjects can challenge the judicial decision within six months. However, in practice there are situations when the deadline for filing a cassation appeal in a civil case is missed. If the reasons were respectful, then the interested person can restore the missed period. For this it is necessary to write an appropriate statement. It is filed together with the cassation complaint. In it it is necessary to briefly state the reasons for the pass. Documents must be attached without fail to confirm their dignity. To significant circumstances that may prevent timely filing a complaint, you can include a serious illness, a natural disaster, etc. The decision to restore the period remains at the discretion of the court. If the reasons are considered respectful, the complaint will be considered.

Conclusion

It should be remembered that the number of copies of the complaint must be equal to the number of subjects participating in the proceedings. If these persons do not have any documents that the interested person cites as reasons, they also need to be copied and sent to the court. This requirement is mandatory for compliance, otherwise the complaint will remain without movement. A determination will be sent to the applicant stating the violation and the period of its elimination.