A cassation appeal may be filed against an appeal decision within the time period established by procedural legislation. At the same time, the filing of this complaint in the system of civil and arbitration proceedings has certain features.
The system of appealing against court decisions presupposes that each party to civil, arbitration processes has the right to file complaints not only against acts adopted by the judicial authorities of the first instance, but also against decisions of appeal. In this case, we are talking about filing a cassation appeal, the requirements for which are established by civil procedural, arbitration procedural legislation. At the same time, the procedures for cassation appeals in the system of courts of general jurisdiction and in the system of arbitration courts have their own peculiarities, which should be taken into account when drawing up and filing a complaint of this type.
How to submit a cassation appeal to a court of general jurisdiction?
As a general rule, cassation complaints are filed with regional judicial authorities (regional, regional or republican courts). In this case, the appeal decision is subject to appeal within a certain period of six months from the date of their entry into legal force. Judicial acts of the court of appeal enter into force immediately, therefore, the named period can be counted directly from the moment such a decision is made. The filing of a cassation appeal does not affect the execution of the adopted court decision. The applicant of such a complaint must take into account the strict requirements that are imposed by law on its form and content.
How to file a cassation appeal with an arbitration court?
The procedure for filing a complaint against judgments of appeal in the system of arbitration courts differs in certain peculiarities. In this case, the courts of cassation are the federal arbitration courts of the districts, which are not present in every constituent entity of the Russian Federation. The cassation appeal itself is not sent to the court of a particular district, but to the arbitration court that made the initial decision on the case. The specialists of the said court attach the received complaint to the formed case, after which they independently forward the specified case to the appropriate district court to decide on the possibility of its consideration (acceptance for proceedings). It should be borne in mind that for the filing of a cassation appeal in the arbitration procedural legislation a relatively short period is established, which is only two months from the date of entry into force of the appealed decision of appeal. If this deadline is missed, then you can try to restore it, for which, together with the complaint, a corresponding petition is submitted.
