Sample of the cassation appeal. Cassation proceedings

Court of cassation is inherently a set of procedural actions aimed at verifying decisions for legitimacy and validity. In the Russian Federation, as in any state of continental law, the cassation has developed according to the example of the French judicial system. Since 2014, the judicial system has been reformed in accordance with accepted international obligations, in connection with which the concept of double cassation arose.

Cassation proceedings in criminal, civil and arbitration proceedings

In accordance with the CCP RF, the subject of further study of the case in the cassation court is the legality of the act adopted earlier. The opportunity to exercise the right to appeal to the court is provided to the convicted, accused, injured and other persons.

GIC allows you to appeal any judicial acts that have already acquired legal force, except for the judgments of the higher court. The right is delegated to the persons participating in the case, and to other persons whose rights are violated.

The agrarian and industrial complex leaves the right to appeal against a valid legal decision or judicial order only in cases where before the cassation proceedings were initiated, the case was already considered by the appellate instance or the applicant filed an application for the resumption of the deadline, and the court refused to appeal . The cassation proceedings also examine the court acts on intellectual property that came into force.

Cassation appeal procedure

Criminal cassation appeals are submitted to acts of world, district judges, interim decisions of the supreme court of the subject, etc. directly to the court of the relevant instance. For the second time, decisions that have already been appealed in cassation order are considered.

As part of the implementation of civil proceedings, the complaint is sent to the court of cassation . Complaints are sent to the presidium of the regional court or other entity regarding the appellate instances of the subjects, resolutions and other acts of the district courts that are legally effective, as well as acts of justices of the peace. The board of the Armed Forces of the Russian Federation makes complaints about the decisions of the courts of the subjects and on the judicial acts that have already entered into force - decisions and determinations of district judges - provided that they have already been appealed in the presidium of the courts of the subject.

The arbitration procedure for filing a complaint is somewhat different from the procedure established for courts of the system of general jurisdiction. The complaint itself is filed through the institution that made the decision earlier, and then, in turn, is obliged to send the application along with all the documents that are under the jurisdiction of the judge in the case.

Timing of submission

Past changes in the criminal system canceled the time limit for appeals against the verdict.

GIC allows you to consider the decision again within a year from the date of obtaining the act of legal force, provided that before that, all possible ways of appealing against the court decision were used before the term of entry into force.

The cassation complaint has the following terms. In the cassation court, within the framework of the arbitration process, it must be filed within two months after the effective date of the appealed order, decision or ruling, in which case the deadline was missed for objective reasons, including if it is not Information on the judicial act that has entered into force, an application for restoration of the right to file a complaint must be filed within six months from the moment when the person could learn or find out about the violation of rights.

The form and content of the appeal

According to the provisions of the criminal process, the complaint should include information about the name of the court, the person who initiates the proceedings, an indication of the decision itself, significant violations and petition. If the complaint is submitted by a person who did not take part in the case earlier, it is necessary to justify the legitimacy of the claim of such entity, indicating which interests were affected by the earlier judicial act.

Similar in content cassation complaint in the arbitration or civil litigation process.

Cassational complaint in criminal proceedings

Let's consider the sample of the cassation complaint. The cap shall contain the name of the court, the address, the personal data of the person filing the complaint, the list of the entities participating in the case, and the requisites of the criminal case. The headline should indicate: "Cassation complaint against the court's ruling (specify the requisites of the determination - date and case number)".

What is the sample of the appeal in the main part:

"On October 18, 2016, a judge of the Leninsky District of Saratov was convicted of recognizing Petrov Ivan Aleksandrovich as guilty of an act whose composition is qualified in part 2 of Article 158 of the Criminal Code of the Russian Federation." The defendant is also charged with satisfying the civil suit of the victim. "On December 12, The regional court examined the appeal, the verdict was not changed and entered into force.

In the applicant's opinion, the verdict of the court must be repealed for the following reasons: (statement of grounds) ".

Cassation complaint (sample): civil case

When studying the case in the cassation instance, it is checked whether the rules of law were correctly interpreted. In the main text of the complaint, it is necessary to point out the violations, justify them with references to the current legislation.

The sample of the appeal in the main part:

"On May 14, 2016, the justice of the peace, Grishin IV, of the judicial section No. 15 of the Oktyabrsky district of the city of Samara, rendered a court decision on the refusal to satisfy the plaintiff's claims for termination of the contract of sale and payment of its value, forfeit, payment of examination and other legal expenses .

2 On July 4, 2016, the Leninsky Regional Court of Samara examined the filed appeal, the judicial act of first instance was abolished, a new decision was made to return the goods, pay the plaintiff the cost of poor-quality goods, forfeit,

The applicant believes that the adoption of the judicial decision was significantly violated the rules of substantive law. "

Cassation complaint (sample): arbitral tribunal

A cassation appeal may be filed if all the evidence on this case is collected, but the court incorrectly applied the substantive law rule. A serious violation of the procedural order is another reason for the recognition of the earlier decision. In case of satisfaction of the appeal, the applicant shall have the right to a repeated judicial review, if it is impossible to otherwise implement a mechanism for the protection of rights.

The sample of the appeal in the main part:

"On August 15, 2016, the Arbitration Court of the Volgograd Region passed a decision in the case No. ... on the refusal of the claims for transfer of real estate rights, which was not changed by the court of appeal.

The plaintiff believes that when issuing the acts of the two instances, they were incorrectly interpreted and subsequently the rules of law were applied. Partly. 1 tbsp. 250 of the Civil Code of the Russian Federation speaks of the preemptive right to purchase a stake for a co-owner, excluding cases of the sale of real estate through an auction. Partly. 3 of the said article indicates that the violated right of preemptive right of purchase makes it possible to transfer the obligations of the acquirer under the agreement on sale and purchase in a judicial procedure. At the same time, an obligatory act is the preliminary written notification of the interested person about the desire of the co-owner to sell the property. However, in violation of this provision, provided for by Part 2 of Art. 250, the notification was not made ".

The response to the cassation complaint

The decision comes into force after the court adopts the appellate act or after the expiry of the term for initiating the appeal proceedings. Nevertheless, the judicial system makes it possible to review the results of the hearings in cassation, while the practice shows that in the event that the appeal court admitted the complaint before consideration, the chance of a positive outcome for the cassation is great.

Having received a copy of the cassation complaint together with the decision to open the proceedings, the second party makes a response. The response shall be filed with the Court of Cassation before the first hearing, with a properly formed opinion directly responding to the arguments of the cassation complaint.

Above in the picture, you see a review of the cassation complaint (sample).

The result of consideration of the cassation complaint

Based on the results of the examination of the complaint, the judicial authority can take several types of decisions. First, the cassation can leave the acts of lower-level instances unchanged or recognize only one of the decisions. Secondly, the court can decide that it is worth sending the case for a new trial to the appropriate authority. Thirdly, with insignificant violations of procedural and material norms that do not require new revision, the court has the right to correct the errors of previous instances independently.

Thus, the cassation appeal against the decision is one of the effective ways to protect the rights of the party. The direction of the cassation petition and its adoption for consideration requires bringing serious arguments in the form of misinterpretation of the law by the first and second instance courts.