Cassation appeal deadlines. Deadline for filing a cassation appeal. The procedure of the cassation instance

Court decisions that have entered into legal force, with the exception of court decisions of the Supreme Court of the Russian Federation, may be appealed in the manner established by this chapter to a cassation court by persons participating in the case and other persons if their rights and legitimate interests are violated by court decisions.

Court decisions may be appealed to a cassation court within six months from the date of their entry into legal force, provided that the persons specified in part one of this article have exhausted other methods of appealing against a court decision established by this Code before the day it enters into legal force. .

The right to appeal to the cassation court with a request to review court decisions that have entered into legal force, if a prosecutor participated in the consideration of the case, has the officials of the prosecutor's office specified in Article 377 of this Code.

Article 377 of the Code of Civil Procedure of the Russian Federation. The procedure for filing a cassation appeal, presentation

Cassation appeals and presentations are submitted directly to the cassation court.

Cassation appeals and presentations are submitted:
1) against appeal rulings of the supreme courts of republics, regional, regional courts, courts of federal cities, courts of an autonomous region, courts of autonomous districts; to appeal rulings of district courts; on court orders, decisions and determinations of district courts and magistrates that have entered into legal force - respectively, to the presidium of the supreme court of the republic, regional, regional court, court of a federal city, court of an autonomous region, court of an autonomous district;
2) against appeal rulings of district (naval) military courts; on decisions and rulings of garrison military courts that have entered into legal force - to the presidium of the district (naval) military court;
3) on decisions of the presidiums of the supreme courts of republics, regional, regional courts, courts of federal cities, courts of an autonomous region, courts of autonomous districts; on appeal rulings of the supreme courts of republics, regional, regional courts, courts of federal cities, courts of an autonomous region, courts of autonomous districts, as well as 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, respectively, of the supreme court of the republic, regional, regional court, court of a federal city, court of an autonomous region, court of an autonomous district, - to the Judicial Collegium for Administrative Cases of the Supreme Court of the Russian Federation, Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation;
4) on decisions of the presidiums of district (naval) military courts; against appeal rulings of district (naval) military courts, as well as against decisions and rulings of garrison military courts that have entered into legal force, if these court decisions were appealed to the presidium of the district (naval) military court - to the Military Collegium of the Supreme Court of the Russian Federation.

The following may submit requests for review of court decisions that have entered into legal force:
1) the Prosecutor General of the Russian Federation and his deputies - to any court of cassation;
2) prosecutor of the republic, territory, region, federal city, autonomous region, autonomous district, military district (fleet) - respectively, to the presidium of the supreme court of the republic, regional, regional court, federal city court, autonomous region court, autonomous district court, district (naval) military court.

Article 378 of the Code of Civil Procedure of the Russian Federation. Contents of cassation appeals, presentations

A cassation appeal or presentation must contain:
1) the name of the court to which they are filed;
2) the name of the person filing the complaint, presentation, his place of residence or location and the procedural position in the case;
3) the names of other persons participating in the case, their place of residence or location;
4) an indication of the courts that considered the case at the first, appellate or cassation instance, and the content of the decisions they made;

6) an indication of the nature of the significant violations of substantive law or procedural law committed by the courts that influenced the outcome of the case, with the presentation of arguments indicating such violations;
7) request of the person filing the complaint, presentation.

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

If a cassation appeal or presentation was previously filed with a cassation court, it must indicate the decision taken on the complaint or presentation.

The cassation appeal 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 specified in part three of Article 377 of this Code.

Copies of court decisions adopted in the case, certified by the relevant court, are attached to the cassation appeal or presentation.

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

The cassation appeal must be accompanied by a document confirming the payment of the state duty in the cases, procedure and amount established by law, or the right to receive a benefit in the payment of the state duty, or a court ruling granting a deferment, an installment plan for its payment or a reduction in the amount of the state duty.

Article 379.1 of the Code of Civil Procedure of the Russian Federation. Return of cassation appeals or submissions without consideration on the merits

A cassation appeal or presentation is returned without consideration on the merits if:
1) the cassation appeal or presentation does not meet the requirements provided for in paragraphs 1 - 5 and 7 of part one, parts three - seven of Article 378 of this Code;
2) a cassation appeal or presentation was filed by a person who does not have the right to appeal to a cassation court;
3) the deadline for appealing a court ruling in cassation has been missed and the cassation appeal or presentation is not accompanied by a court ruling that has entered into legal force on restoring this deadline;
4) a request has been received for the return or withdrawal of the cassation appeal or presentation;
5) a cassation appeal or presentation was filed in violation of the rules of jurisdiction established by Article 377 of this Code.

A cassation complaint or presentation must be returned without consideration on the merits within ten days from the date of their receipt by the cassation court.

Article 380.1 of the Code of Civil Procedure of the Russian Federation. Actions of the cassation court after receipt of a cassation appeal or presentation

Cassation appeals and presentations filed in accordance with the rules established by Articles 376 - 378 of this Code are studied:

in the presidium of the supreme court of a republic, regional, regional court, court of a federal city, court of an autonomous region, court of an autonomous district, district (naval) military court - by the chairman or deputy chairman of the relevant court or a judge of this court;

in 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, the Military Collegium of the Supreme Court of the Russian Federation - a judge of the Supreme Court of the Russian Federation.

Article 381 of the Code of Civil Procedure of the Russian Federation. Consideration of cassation appeals, presentations

The judges specified in Article 380.1 of this Code study the cassation appeal, presentation based on the materials attached to them, or on the materials of the requested case. If the case is requested, the judge has the right to issue a ruling to suspend the execution of the court decision until the end of the proceedings in the cassation court if there is a request for this in the cassation appeal, presentation or other petition.

Based on the results of studying the cassation appeal or presentation, the judge makes a ruling:
1) on the refusal to transfer a cassation appeal or presentation for consideration at a court hearing by a court of cassation, if there are no grounds for reviewing court decisions in cassation. In this case, the cassation complaint, presentation, as well as copies of the appealed court decisions remain in the cassation court;
2) on the transfer of a cassation appeal, presentation with the case for consideration in a court session of the court of cassation.

The Chairman of the Supreme Court of the Russian Federation, his deputy have the right to disagree with the ruling of the judge of the Supreme Court of the Russian Federation on the refusal to transfer the cassation appeal, presentation for consideration in a court session of the cassation court and make a ruling on its cancellation and transfer of the cassation appeal, presentation with the case for consideration in a court hearing of the cassation court.

Cassation appeal, presentation filed with 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 or the Military Collegium of the Supreme Court of the Russian Federation against the court decisions specified in paragraphs 3 and 4 of part two of Article 377 of this Code , with the case, in the event of transferring them for consideration in a court session of the cassation court, are sent, respectively, 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 or to the Military Collegium of the Supreme Court of the Russian Federation.

Article 382 of the Code of Civil Procedure of the Russian Federation. Time limits for consideration of cassation appeals and presentations

In a cassation court, with the exception of the Supreme Court of the Russian Federation, a cassation appeal or presentation is considered within a period not exceeding one month if the case was not requested, and within a period not exceeding two months if the case was requested, not counting the time from the date requesting the case before the date of its receipt by the cassation court.

In the Supreme Court of the Russian Federation, a cassation appeal or presentation is considered within a period not exceeding two months if the case has not been demanded, and within a period not exceeding three months if the case has been demanded, not counting the time from the day the case was demanded until the day it was received by Supreme Court of the Russian Federation.

The Chairman of the Supreme Court of the Russian Federation, his deputy, in the event of a request for a case, taking into account its complexity, may extend the period for consideration of a cassation appeal or presentation, but not more than for two months.

Article 383 of the Code of Civil Procedure of the Russian Federation. Judge's ruling to refuse to transfer a cassation appeal or presentation for consideration at a court hearing by a cassation court

The judge's ruling to refuse to transfer a cassation appeal or presentation for consideration at a court hearing by a cassation court must contain:

date and place of the ruling;

surname and initials of the judge who made the ruling;

name of the person who filed the cassation appeal, presentation;

an indication of the court decisions that are being appealed;

the reasons for refusing to transfer a cassation appeal or presentation for consideration at a court hearing by a court of cassation.

Article 384 of the Code of Civil Procedure of the Russian Federation. The judge's ruling on the transfer of a cassation appeal, presentation with the case for consideration in a court session of the cassation court

The judge's ruling on the transfer of a cassation appeal or presentation with the case for consideration in a court session of the cassation court must contain:
1) the date and place of the ruling;
2) the surname and initials of the judge who made the ruling;
3) the name of the cassation court to which the case is transferred for consideration on the merits;
4) the name of the person who filed the cassation appeal, presentation;
5) an indication of the court decisions that are being appealed;
6) a statement of the content of the case on which court decisions were made;
7) a reasoned statement of the grounds for transferring a cassation appeal, presentation with the case for consideration in a court hearing of the cassation court;
8) proposals of the judge who made the ruling.

The judge, together with his ruling, sends the cassation appeal, presentation and case to the cassation court.

Article 385 of the Code of Civil Procedure of the Russian Federation. Notification of persons participating in the case about the transfer of cassation appeals, presentations with the case for consideration in a court session of the cassation court

The cassation court sends to the persons participating in the case copies of the ruling on the transfer of the cassation appeal, presentation with the case for consideration in the court session of the cassation court and copies of the cassation appeal, presentation. The time for consideration of a cassation appeal or presentation with a case at a court hearing of a court of cassation is set taking into account that the persons participating in the case have the opportunity to appear at the hearing.

Persons participating in the case are notified of the time and place of consideration of the cassation appeal, presentation of the case, however, the failure of these persons to appear does not prevent their consideration.

Article 386 of the Code of Civil Procedure of the Russian Federation. Terms and procedure for consideration of cassation appeals, presentations with the case in a court hearing of the cassation court

A cassation appeal or presentation with a case is considered by the cassation court in a court session for no more than a month, and in the Supreme Court of the Russian Federation for no more than two months from the date the judge made the ruling.

Cassation appeals, presentations with a case, considered in cassation by the presidium of the relevant court, are reported by the chairman of the court, his deputy or, on their behalf, another member of the presidium or another judge of this court who has not previously participated in the consideration of the case.
In 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, and the Military Collegium of the Supreme Court of the Russian Federation, a cassation appeal or presentation of the case is reported by one of the judges of the corresponding panel.

The court hearing is attended by persons participating in the case, their representatives, other persons who filed a cassation appeal, representation, if their rights and legitimate interests are directly affected by the appealed court decision.

If the prosecutor is a person participating in the consideration of the case, the following persons take part in the court hearing:
1) the prosecutor of the republic, territory, region, federal city, autonomous region, autonomous district, military district (fleet) or his deputy - in the presidium of the supreme court of the republic, regional, regional court, federal city court, autonomous region court, autonomous court district, district (naval) military court;
2) an official of the prosecutor's office on behalf of the Prosecutor General of the Russian Federation - in 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 and the Military Collegium of the Supreme Court of the Russian Federation.

The judge-reporter sets out the circumstances of the case, the content of court decisions adopted in the case, the arguments of the cassation appeal, the submissions that served as the basis for the transfer of the cassation appeal, submissions with the case for consideration in the court hearing of the cassation court.

The persons specified in part three of this article, if they appeared at the court hearing, have the right to give explanations about the case. The person who filed the cassation appeal or presentation is the first to give an explanation.

Based on the results of consideration of the cassation appeal, presentation with the case, the presidium of the cassation court makes a decision, and 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 and the Military Collegium of the Supreme Court of the Russian Federation issue rulings.

When considering a cassation appeal or presentation of a case in cassation, all issues are resolved by a majority vote. If there is an equal number of votes cast for the review of the case and against its review, the cassation appeal or presentation is considered rejected.

The issuance of cassation decisions, rulings and their announcement occur according to the rules provided for in Articles 194 and 193 of this Code, respectively.

The decisions or rulings adopted by the cassation court are notified to the persons participating in the case.

Article 387 of the Code of Civil Procedure of the Russian Federation. Grounds for canceling or changing court decisions in cassation

The grounds for canceling or changing court decisions in cassation are significant violations of substantive law or procedural law that 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 the protection of public interests protected by law.

Article 388 of the Code of Civil Procedure of the Russian Federation. Resolution or ruling of the cassation court

The resolution or ruling of the cassation court must indicate:
1) the name and composition of the court that adopted the resolution or ruling;
2) date and place of adoption of the resolution or determination;
3) the case in which the resolution or ruling was adopted;
4) the name of the person who filed the cassation appeal, the proposal to review the case in cassation;
5) the surname and initials of the judge who issued the ruling on the transfer of the cassation appeal, presentation with the case for consideration at the court hearing of the cassation court;
6) the content of the appealed court decisions;
7) the court’s conclusions based on the results of consideration of the cassation appeal or presentation;
8) the reasons why the court came to its conclusions and a reference to the laws that guided the court.

If a cassation appeal or presentation is left unsatisfied, the court is obliged to indicate the reasons why the arguments of the complaint or presentation are rejected.

The resolution of the presidium of the relevant court is signed by its presiding judge, the determination of the judicial panel - by the judges who considered the case in cassation.

Article 389 of the Code of Civil Procedure of the Russian Federation. Lost force on January 1, 2012.

Article 390 of the Code of Civil Procedure of the Russian Federation. Powers of the cassation court

The cassation court, having considered the cassation appeal or presentation of the case, has the right to:
1) leave the decision of the court of the first, appellate or cassation instance unchanged, the cassation appeal, presentation without satisfaction;
2) cancel the decision of the court of the first, appellate or cassation instance in whole or in part and send the case for a new trial to the appropriate court. When sending a case for a new trial, the court may indicate the need to consider the case before a different composition of judges;
3) cancel the decision of the court of the first, appellate or cassation instance in whole or in part and leave the application without consideration or terminate the proceedings;
4) leave in force one of the court decisions taken in the case;
5) cancel or change the decision of the court of the first, appellate or cassation instance and adopt a new court decision, without transferring the case for a new trial, if an error was made in the application and (or) interpretation of substantive law;
6) leave a cassation appeal or presentation without consideration on the merits if there are grounds provided for in Article 379.1 of this Code.

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 the interests of legality, the cassation court has the right to go beyond the arguments of the cassation appeal or presentation. At the same time, the cassation court does not have the right to check the legality of court decisions in the part in which they are not appealed, as well as the legality of court decisions that are not appealed.
The cassation court does not have the right to establish or consider proven circumstances that have not been 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 to determine what court decision should be made in case new consideration of the case.

The instructions of the higher court on the interpretation of the law are binding on the court retrying the case.

Article 391 of the Code of Civil Procedure of the Russian Federation. Entry into force of a decision or ruling of a cassation court

The resolution or ruling of the cassation court comes into force from the date of its adoption.

professional in Moscow

When the deadline for filing a cassation appeal is discussed, many people do not have a clear understanding of the term itself. The cassation, arbitration and appeal processes are often confused, which leads to confusion. Each of these definitions means contestation, but in time they are made sequentially, and they are completely different things.

Cassation appeal - what is it, what is it for?

If we consider the dispute in general, the procedure may consist of four stages, as, for example, in the case of material claims of the plaintiff against the defendant. The procedure for resolving administrative cases involves:

• pre-trial measures;
• arbitration court;
• appeal proceedings;
• filing a cassation appeal.

Cassation is not a repeated process of considering the object of the parties' claims. If the arbitration court of first instance during its consideration did not take into account some facts or gave them an incorrect assessment, then an appeal is filed. It is a re-revision. Filing a cassation appeal is an appeal against a decision of the appellate court. And the procedure does not consist of reviewing the case. This means the results will be different. One of the main differences is the moment of application. If an appeal is filed against a court decision that has been announced but has not yet entered into force, then cassation is initiated when the sentence has already been applied. It is better to consider this difference using the example of a criminal case.

Cassation hearing

The judge has reviewed all the materials, carried out all the necessary actions and measures, and is ready to announce a decision. He reads out the text of the resolution. If the accused is not satisfied with its conditions, he has a month to file an appeal. The case will be remanded for review. In fact, you will have to go through another trial, but the judges will be different.

If this was not done and the time has come to pay for the verdict, this does not mean that the convicted do not have enough rights to challenge the court decision. To do this, it is enough to file a corresponding complaint with the Supreme Court. It is this one that, in its jurisdiction, has the right to overturn the decision of the court of first instance and make a new decision, up to and including the dismissal of all charges. The main thing is to do it on time.

Procedure for filing a cassation appeal in civil cases

It is better to consider this issue in comparison. So, if the appeal review of the case is carried out by the same authority that made the initial decision, then the cassation is considered by a higher court, up to the Supreme Court. You need to contact those authorities whose jurisdiction includes the right to cancel the sentence.

When it comes to magistrate and district court decisions, the presidium is formed from judges of the regional, district or republican scale. Article 377 of the Code of Civil Procedure of the Russian Federation states that if it is announced in a regional, district or republican court, the presidium of these courts can note the verdict.

The highest institution is the RF Armed Forces. Then a panel of Supreme Judges is formed. They will deal with the issue of canceling the punishment that the applicant already bears. According to its focus, the board can deal with:

• administrative matters;
• civil cases;
• affairs of military personnel;
• economic disputes.

Note! Russian legislation states that in order to initiate legal proceedings, it is necessary to meet the deadline for a cassation appeal. This means that there is a set period when the submitted application is accepted. Otherwise, it remains without consideration.

Deadlines for filing a cassation appeal

The applicant has no more than 180 days, that is, 6 months. The starting point is the date after the verdict is read. You cannot exceed the established period by a single day. Otherwise, the complaint will not be accepted. Only very compelling reasons can serve as a sufficient basis for an increase.

On a note!, but only in the case when, after the trial of first instance, all deadlines for appeals were missed and the decision became valid with all the conditions. With this scenario, the first day of the 6-month period is considered to be the date when this happened. The Code provides for a month for the first instance verdicts to come into effect.

Exceptional cases for reinstating the deadline

The norms established by law for the time of application may be revised. But for this, according to the laws of the Russian Federation, there must be compelling reasons. These include errors made by court staff, for example, when notice of a ruling does not arrive or is late.

Serious illness of relatives gives the right to restore the deadline for filing a cassation

Another example: the court did not notify the participant at all that a meeting would be held on such and such a date. After all, most civil cases can be considered without a defendant. As a result, the verdict is valid, and the time to appeal it has expired. In this case, a corresponding application must be submitted with a request to extend the deadline for filing a cassation.

The same appeal must be submitted in the case where the defendant was not able to initiate the process in a timely manner due to:

• Serious illness. This refers to critical cases when a person could not physically do this. For example, he was treated in a psychiatric clinic for six months and could not adequately respond to the expiration of the deadline. Also in case of loss of the ability to move, etc.
• Helplessness. There were injuries that occurred suddenly and were difficult to heal, which prevented the timely filing of a cassation statement. This also includes cases when doctors prescribe narcotic drugs, as for cancer.
• Current family circumstances. The person was in another city, where he was caring for close relatives, treating a child, etc. In this case, it can be proven that for this reason the defendant simply could not know that a sentence had been passed that was already in effect.
• Disasters and special conditions. It does not matter if the disaster occurs in the city where the subject lives. If he is a liquidator, sent on a business trip and did not have the opportunity to receive notification, the cassation (term) will be extended. This also includes the case of a regular long business trip.

Natural disasters are the reason for the restoration of deadlines

What document should I submit? Cassation statement. The form and sample can be downloaded on the Internet. But it is best to have an experienced lawyer handle this. The legislation is intricate, and it is easy to get confused in it if you do not have special knowledge and skills. Therefore, you need to compose the text extremely carefully; every little detail matters.

Important! Each argument and formulation must be supported by documents. To do this, copies of all papers (medical reports, travel sheets, etc.) must be attached, and the list must be present in the text. You will have to pay the state fee and attach the receipt to the application. Only then can the court accept the demand and begin legal proceedings.

Interruption of the deadline for filing a cassation appeal

According to part two of Article 102 of the Code of Civil Procedure, each participant in the court hearing receives notification of the date of the hearing. All parties are also notified upon completion of judicial actions, which is accompanied by the announcement of the verdict. There are cases when a participant knew what he was charged with, was aware that the verdict had entered into force, but still delayed filing an appeal.

Note! The period for appealing to the court of cassation can be interrupted if there are sufficient grounds for this. The list is similar to that given earlier. For these reasons, if documented, the period may be extended. And exactly as much as a person could not apply for cassation.

Extension and suspension of deadlines

The difference is that interruption, extension and suspension are carried out at the timely request of the applicant. This means that the relevant application is submitted within the deadline itself. The point is to notify the court of the need to suspend the clock for a specified period.

The text specifies both the reasons and the desired result. As a last resort, suspend the expiration date. This means that it will automatically be increased. You need to write why this is necessary. It is indicated that as soon as the situation changes, the applicant is ready to file a cassation appeal.

Note! By sending the paper to the appropriate authority, you can solve problems, complete treatment, etc. Now the countdown will be suspended. But as soon as the situation improves, you need to immediately file an application for cassation. The involvement of an experienced attorney increases the chances that the petition will be accepted.

The application must also be accompanied by all evidence that will confirm that the circumstances really prevent you from going to court immediately. Having attached copies of documents and paid the fee, you can send them to the court by registered mail with a list of the attachments.

If there is a lawyer, he can transfer the papers to the court office. But for this you need to issue a power of attorney for the right to represent interests. It is he who can participate in the case, and the presence of the applicant is not necessary. There are different cases, but the most common ones are described in this article. A lawyer will tell you how to act in a particular situation.

05/20/2019 , Sashka Bukashka

The deadline for filing a cassation appeal in a civil case is the period during which participants in the process and interested parties can appeal to the appropriate authority to challenge the court decision. After all, there are situations when the courts of first and second instance make a decision not in your favor. Or in the first case you won the case, and the appeal satisfied the claim of the opposing party! And she made a new decision in the case, which entered into legal force. Is it possible to do something in such cases and how much time do you have to think about it? We will talk about this in this article.

In what cases is a cassation appeal filed?

Very often, a decision in a civil case that is made in a trial does not please one of the parties. In such cases, the dissenting party may file a new complaint requesting a review of the case. An appeal against the decision of the court of first instance is filed with the court of appeal. If this decision is not satisfactory, then a cassation appeal is filed.

Only participants in the trial, as well as persons in respect of whom a violation of rights and interests was discovered that arose after the court made a controversial decision, has the right to file a cassation appeal. The applicant must write a complaint to the court that made the unsatisfactory decision. Within three days, this complaint and related materials will be forwarded for cassation consideration.

Our table will help you understand the difference between cassation and appeal complaints:

Deadlines for filing a cassation appeal

In civil proceedings (courts of general jurisdiction and magistrates), the deadline for filing a complaint is 6 months from the date the court decision enters into legal force ().

In an arbitration court, this period is 2 months from the date of entry into force of the decision or court order ().

In criminal proceedings, the deadline for filing a cassation appeal is not established, but a review of the case is possible within 1 year ().

Procedure for filing a cassation appeal in civil cases

Thus, decisions taken by the first and second instances that have entered into legal force can be appealed. But provided that other ways to appeal the decision have been exhausted! That is, if you have not appealed the decision in the appeal, it cannot be appealed in cassation.

The application is submitted directly to the authority that will consider it. That is, if you appeal a decision of a district court or an appeal ruling of a regional board for civil cases, then send your paper directly to the presidium of this court. If the presidium does not satisfy or does not even consider it, then you will have the right to appeal in cassation to the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation.

A cassation appeal can be filed within the period established by Article 376 of the Code of Civil Procedure of the Russian Federation - within six months from the date the decision in the case enters into legal force.

How to file a cassation appeal

To avoid wasting extra time, you need to take a responsible approach to filing a complaint. It must meet the requirements for this type of claim. It must clearly define the following information:

• name of the court to which the complaint was sent;
• FULL NAME. the applicant, his place of residence;
• status in progress;
• names of all participants in the trial;
• the name of all previous courts and a description of the decisions that were adopted;
• a detailed description of what rights were violated by these decisions, with links to the regulatory framework;
• description of the complaint itself;
• list of attached documents;
• applicant's signature.

If a cassation appeal is filed by an authorized person, then a power of attorney for representation of interests must be attached.

In addition to a properly completed application, you must attach decisions of previous courts. This is a mandatory requirement, otherwise the complaint may not be considered. It should also be mentioned that the requirements must be reasoned and well-written.

The number of copies of the cassation appeal must correspond to the number of persons participating in the civil process.

Additionally, a receipt for payment of the state duty is attached. If a citizen has benefits to pay for it, then you need to attach supporting documents.

Samples of cassation complaints

Cassation appeal to a court of general jurisdiction

Cassation appeal to the arbitration court

Sample of cassation appeal (completed)

Exceptional cases for reinstating the deadline

The deadline for filing a cassation appeal may be restored by the court that considered the case in the first instance. A special one has been drawn up for this purpose. But this is only if the reasons for missing it are considered valid, for example:

• serious illness;
• helpless state;
• other reasons that prevented a timely appeal to court.

Please note that the period of six months for appealing court decisions that have entered into legal force is the same limit for all instances. The law does not establish a special deadline for filing a cassation appeal to the Supreme Court. Therefore, calculate the time so that if you receive a refusal at the regional or regional level, you have time to apply for the protection of your rights to a higher authority.

The procedure for considering a cassation appeal in a civil case

The filed complaint is examined by the judge of the relevant court together with the materials attached to it or based on the materials of the requested case. Based on the results of the consideration, a decision is made to transfer the case for consideration at a meeting of the cassation instance or to refuse such transfer. This leads to the main feature of this authority - it is based on the content of your complaint, the reasoned arguments presented in it, and also checks exclusively the legality of the court decision. Therefore, if the complaint is written clumsily and unprofessionally, the issue simply will not reach the point of demand and, accordingly, consideration of the case materials in cassation.

The time period for consideration of a cassation appeal in a civil case cannot exceed one month, unless the case was requested by a judge. And two months, if the case was demanded, but not counting the period from the day the case was demanded until the day it was received by the cassation. For the Supreme Court of the Russian Federation, these periods are two and three months, respectively.

Arbitration and administrative cases

The period for filing a cassation appeal in the arbitration process is noticeably shorter and is only two months from the date the appealed court decision enters into legal force. The legislator apparently considered that in economic disputes considered by arbitration, the interests of the parties are represented by professionals who require less time to think and prepare procedural documents.

But the Code of Administrative Proceedings of the Russian Federation, adopted in 2015, regulates issues related to the protection of violated or disputed rights and interests of citizens arising from public legal relations. Perhaps that is why the deadline for filing a cassation appeal in an administrative case is the same as for civil cases - six months from the date the court decision entered into legal force.

Has your case received an illegal and unfair court decision? Have you passed the appellate and cassation stages in the presidium of the regional court? If your rules are to go to the end, then I suggest you figure out what the next step should be.

The second stage of cassation is an appeal to the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation. In this article you will learn how you can restore your rights, namely, how to file a cassation appeal to the Supreme Court in a civil case.

What civil cases are appealed to the Supreme Court under the Code of Civil Procedure of the Russian Federation?

In order for a civil case to reach the highest judicial body of the country, it is necessary that it be considered on its merits in the court of appeal and in the first cassation. Therefore, before submitting a complaint to the Supreme Court, an appeal ruling and any resolution of the presidium of the court of a constituent entity of the Russian Federation must be received.

If the first instance was the magistrate's court, then the appeal process ends at the level of the presidium of the regional court. Appeal in cassation in the Supreme Court is provided only for decisions of district courts.

The essence of cassation is to verify the correct application of the law. She has only evidence clarified in lower authorities. It is not allowed to operate with new data.

The following have the right to initiate a review procedure:

• plaintiff;
• defendant;
• prosecutor;
• third party;
• a person who did not participate in the dispute, but his rights were affected by the adopted resolution.

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Cassation appeal to the Supreme Court, what to pay attention to when writing

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In order to correctly draw up a complaint, carefully read the court decision and its annexes. Check for the correctness of the required details, composition of judges, signatures in the court protocol and interim rulings. Record each comment in the form of a list.

Read the attached documents carefully and check their compliance with the court order. Compare each judge's conclusion with the case materials. Consider what evidence contradicts his conclusions. Study the jurisprudence on the overturned Supreme Court decisions. And then you will understand what to write about in the cassation appeal, and what reasons to give for canceling the judicial act.

First, indicate all the court decisions that were issued in the case. Next, explain your point of view and why you think the resolution is unfounded. The strongest arguments should come first on the list. Support your opinion with references to specific legal norms, because first of all, the cassation authority is engaged in checking the legality of decisions made.

In the petition part, you can petition to cancel the decision, change it, or make a new one. In practice, the first option is preferable. At the end of the document there is a list of attachments: copies of the complaint according to the number of participants and a document confirming payment of the state fee.

Lyrics and emotional digressions are not appropriate in this document. The complaint must be written in a formal style using legal terminology. It is advisable to write briefly and clearly, no more than 2-3 pages.

Deadlines for filing a cassation appeal to the Supreme Court of the Russian Federation in a civil case

It should be emphasized that there is no separate deadline for filing a cassation appeal with the Supreme Court. Since it is uniform and lasts 6 months, there is no need to delay its provision. Missing the deadline entails termination of the right to appeal decisions.

The filing of both the first and second cassation is associated with the moment the appeal ruling comes into force. The five days required to compile its motivational part are included in this period.

The processing of the application suspends the six-month period. This rule does not apply to cases where the issue of its return was decided in connection with violations committed during the preparation and filing of the complaint.

If the presidium of a regional court refuses to transfer the complaint to the first cassation, it is a mistake to believe that the period begins to count from the moment the refusal is issued. It is simple to explain: it is not the decision of the court of first cassation that is subject to appeal, but the decision of the court of first instance and the decision of the appellate instance, which entered into force at the same time.

It was a different matter when the complaint was considered in the first cassation, where a judicial act was issued that did not suit us. In this case, the period is counted from the date of issuance of this decision.

Important! The six-month period of time also includes filing a complaint with the Chairman of the Supreme Court of the Russian Federation if the Supreme Court refuses to transfer the application to the Judicial Collegium for consideration. We advise you to file a complaint immediately to ensure compliance with the deadlines and procedures for filing a complaint.

How to file a cassation appeal if the deadline is missed

You can restore the missed deadline only in the court of first instance if you prove that the delay in filing the complaint occurred due to exceptional circumstances. The absence can be explained by a business trip, serious illness, or family circumstances. Ignorance of the law is not one of them.

It is also a prerequisite that no more than one year must pass from the entry into force of the contested judicial act.

The procedure for filing a cassation appeal to the Supreme Court in civil proceedings (step by step)

For clarity, let’s consider a diagram of the procedure for filing a cassation appeal in a civil case to the Supreme Court.

Step 1. First we must collect copies of all judicial acts, certified with a blue seal.

Note! The documents remain with the cassation court. Therefore, if you intend to continue protecting your rights to the bitter end, it is better to request several sets of certified copies in advance.

Step 2. A state duty is paid in the amount of 150 rubles for citizens, 3000 for organizations. Attach a receipt or payment order to the package of documents.

Step 3. The complaint is submitted directly to the cassation instance, that is, to the office of the Supreme Court. You can use the services of the Russian Post by sending a letter with delivery and inventory.

It also became possible to submit documents electronically through a personal account created on its official Internet page.

The applicant signs documents with a simple digital signature, the key of which is his account on the State Services portal. Appealed judicial acts must be signed with an enhanced qualified signature of the judges who adopted them.

After some time, the user will receive confirmation of receipt of the package of documents indicating the date and time, or a message indicating refusal of acceptance.

Step 4. Within a month, the judge preliminary studies the case materials and, if he sees no grounds for cancellation, issues a ruling on refusal. If there are any, they submit them for collegial consideration.

Step 5. Usually the case is considered within 2 months, if there is a need to make a claim, then 3 months. An additional two months may be granted in highly complex cases.

Step 6. The adopted resolution comes into force immediately. If the judicial act of the first instance remains in force, execution occurs in the standard manner. If it is cancelled, then what was collected is returned, and a new trial of the case takes place by the court of first instance.

Results of the appeal and reasons for refusal to consider the cassation by the collegium of the RF Armed Forces

The complaint will be immediately rejected if the deadline for a cassation appeal in the Supreme Court has been missed and you have not applied for its extension.

Among the reasons why a complaint may be left without progress:

• there is no signature;
• there is no information about what judicial act is being challenged;
• copies of the complaint for participants in civil proceedings are not attached;
• state duty has not been paid.

If the deficiencies are not corrected within the prescribed period, the application is considered not submitted.

Considering the speed at which our legislation changes, only a person who deals with these issues every day can understand the nuances.

Our clients ask, is there a chance that I will be heard in the Supreme Court? My experience says that there is. Even if the result is negative, you will have the opportunity to petition the Chairman of the Supreme Court and the European Court.

How to prove that lower courts made a mistake? How to question the qualifications of judges who have a higher legal education and many years of experience? Only a lawyer and his team of assistants can know about all the subtleties.

The resolution of a lawsuit often satisfies one side, and is not at all a rosy event for the other. Consequently, an entity who does not agree with the court's decision may file a new lawsuit requesting a review of the case and a new decision. In this case, it is an appeal or cassation complaint. These concepts are not equivalent, although the purpose of the appeal is the same - to appeal the decision of the primary court. Next, we will consider what a cassation appeal is, in what cases it is used and how to draw it up.

About the cassation appeal in simple words

Important! Please keep in mind that:

• Each case is unique and individual.
• A thorough study of the issue does not always guarantee a positive outcome. It depends on many factors.

To get the most detailed advice on your issue, you just need to choose any of the options offered:

A cassation appeal is a document that is drawn up and submitted to the court of the appropriate instance to review the decision. The purpose of such an appeal is to restore one’s rights if the person is sure that they were violated during the consideration of the case. This type of complaint can be filed in both civil and criminal proceedings. However, it should be noted that in the first case the appeal is submitted much more often.

The norms, the filing process, as well as the procedure for drawing up such appeals are regulated by Chapter 41 of the Civil Procedure Code of the Russian Federation. And Article 378 of the same chapter precisely regulates the structure of such a document.

It is important that if the appeal is drafted incorrectly, it simply will not be considered. And since the time frame for considering such requests is limited, you should do everything right the first time. In this case, it is better to contact a lawyer - he will draw up the application correctly and help with filing it with the court.

The following persons have the right to apply to the cassation court:

• parties to the case - plaintiff or defendant;
• persons whose rights are violated by a court decision;
• employees of the prosecutor's office, if the prosecutor took part in the consideration of the case by the court of first instance.

In other words, such an appeal can only be submitted by participants in the legal process and persons affected by the court decision.

Rules for writing a cassation appeal

First of all, it should be noted that a cassation appeal against a court decision can be filed only after an appeal has been filed and rejected by the court.

In other words, cassation is the last opportunity to appeal a court decision.

The preparation of documents of this order is quite complicated and even the slightest mistake leads to its invalidity. Therefore, in this case, you should seek help from a lawyer.

Applications of this type are accepted both in written and printed form; this does not play a significant role, but the signature of the plaintiff himself or his authorized representative must be required.

• The application must indicate the following:
• name of the court, address;
• Full name of the applicant;
• procedural status of the case;
• a list of courts in which the case has already been considered;
• information about all participants in the case (full name, passport details, place of residence);
• a list of court decisions that, in the applicant’s opinion, are subject to appeal;
• an indication of the reasons that, in the applicant’s opinion, are grounds for appealing the decision.
• the main part or the motivational part - this part of the appeal should be as complete and constructive as possible, since it is here that the inappropriateness of the decision made by the primary court should be convincingly and thoroughly stated. Claims must be supported by legislative norms;
• a request to consider the complaint and make a lawful decision regarding the case;
• list of attached documents;

The reasoning part of the complaint should also indicate (if any) procedural errors. These include:

• improper composition of the court;
• failure to notify all participants in the court case about the meeting;
• failure to keep minutes of the meeting;
• violation of the right to defense;
• disruption of the judicial investigation, judicial debates, and so on.

The following documents should be attached to the application itself:

• photocopy of the passport of a citizen of the Russian Federation;
• a copy of all judicial acts issued in the case;
• judgment of the court of appeal;
• documents that confirm the illegality of the decisions of previous courts;
• receipt of payment of state duty;
• power of attorney to represent interests in court.

A cassation appeal in a criminal case is drawn up in the same way, regulated by Article 401.15 of the Criminal Code of the Russian Federation.

For reference, a cassation appeal is filed in the same number as the participants in the trial in relation to which the appeal is being filed.

An example of a cassation appeal for paperwork can be downloaded on our website.

Deadlines for filing an appeal

A complaint of this type must be filed within the strictly prescribed time limits by law. Moreover, it is important to remember the following - the countdown of the appeal period begins exactly the next day from the moment the decision was made by the appellate court, since a cassation can only be filed after this.

Lawyer at the Legal Defense Board. He specializes in administrative and civil cases, compensation for damages from insurance companies, consumer protection, as well as cases related to the illegal demolition of shells and garages.