Legal proceedings in Russia provide for three types of appeal against court decisions: cassation, appeal and supervisory complaint in civil cases. Each of the complaints has its own characteristics and deadlines for filing.
Instructions
Step 1
The first, as a rule, is an appeal - a protest against a court decision that has not yet entered into legal force. Such a complaint must be submitted within 10 days from the date of the court decision, unless otherwise provided by law. Further, within 6 months from the date of entry into force of the court decision, any of the interested parties to the process may file a cassation appeal.
Step 2
The grounds for cassation may be violations of procedural norms or substantive law (incorrect application of regulations, calculation of time limits, interpretation). The appeal of cassation must be drawn up taking into account the requirements of Art. 41 of the Civil Procedure Code of Russia.
Step 3
When drawing up the cassation, indicate the full name of the court to which this complaint is sent, and also fully indicate your personal data (full name, year and place of birth, place of residence, contact phone number), list all persons involved in the case, and their coordinates. List the courts that considered the case before cassation (first instance, appeal), and also indicate the content of the decisions they made. The operative parts of the decisions can be included in the complaint, or you can attach it as a separate document, making a note at the end of the complaint about the presence of attachments (name them necessarily, and assign a serial number to each sheet).
Step 4
In the description of the complaint, you must as clearly and reasonably state those violations that, in your opinion, were committed during the consideration of the case, and also indicate whose and what interests were infringed upon by the wrong decision / ruling of the court.
At the end, you need to state the requirement:
- to cancel the earlier issued court order;
- change it in any part;
- to leave in force one / several of the solutions, if there were many.
Step 5
Sign the cassation appeal, attach copies of the decisions certified by the court (can be obtained from the secretary) and a receipt for payment of the state fee. Copies of the complaint must be completed in the number of persons involved in the case.
