A cassation appeal may be filed against decisions of all courts of Russia, adopted in the first instance, with the exception of decisions made by justices of the peace. The procedure for drawing it up is simple, even for those who do not have a legal education. Consider the most important aspects of drawing up a cassation appeal.
Necessary
Carefully read Chapter 40 of the Civil Procedure Code of the Russian Federation if you are filing a cassation appeal against a court decision in a civil case, or Chapter 43 of the Criminal Procedure Code of the Russian Federation if the court decision you are dissatisfied with was made in a criminal case
Instructions
Step 1
Cassation appeals against decisions of courts in criminal or civil cases are drawn up according to a similar pattern. Consider, as an example, the preparation of a cassation appeal against a decision of a district court in a civil case. The main legislative act in this case will be the Civil Procedure Code.
Step 2
The cassation appeal must be filed within 10 days from the date of the decision by the court of first instance, otherwise this decision will come into legal force. The parties to the case and other persons participating in the case have the right to file a cassation appeal.
Step 3
The cassation appeal must contain:
1.the name of the court to which the complaint is addressed - the regional, regional court, the supreme court of the republic, depending on the region;
2. the name of the person filing the complaint, his place of residence or location, if it is a company;
3. an indication of the court decision that is being appealed;
4. the requirements of the person filing the complaint and the grounds on which this person considers the court decision to be incorrect;
5. a list of evidence attached to the complaint, presentation.
The name of the court and the person filing the complaint is written in the “header” of the complaint, on the right side of the sheet. The complaint must be accompanied by its copies in an amount equal to the number of persons participating in the case (plaintiff, defendant, third parties). The cassation appeal must be filed with the court that considered the case in the first instance.
Step 4
If the cassation appeal is drawn up correctly, the court sends copies of it to the rest of the participants in the case and, after the 10-day period for appealing the court decision, sends the appeal itself to the cassation court for consideration.
Step 5
The cassation court, as a rule, does not reconsider the case. When considering, he proceeds from the arguments set out in the cassation appeal and evidence, although in some cases he can check the decision of the first instance court in full, therefore it is extremely important to convincingly state his arguments in the cassation appeal. As a rule, consideration lasts a month, then a court hearing takes place.
Step 6
The court of cassation may leave the decision of the court of first instance unchanged, cancel or change the decision of the court of first instance in whole or in part, send the case for a new trial, or make a decision on its own. He also has the right to leave the cassation appeal without consideration or cancel the decision of the court of first instance and terminate the proceedings. Based on the results of the consideration of the case, the court issues a cassation ruling, which enters into force immediately.
Step 7
Of course, the cassation ruling can also be appealed - already in the order of supervision. However, in order to avoid the associated difficulties and loss of time, it is better to pay attention to the competent preparation of the cassation appeal. If the case in which you are involved is rather complicated and difficult, then it is better to entrust the writing of the cassation appeal to a lawyer or even a whole legal company.
