If you disagree with the decision or the appeal ruling of the Supreme Court of the Republic, you have the right to appeal against his ruling. To do this, write a cassation appeal. Draw it up, guided by Articles 376, 377, 378 of the Civil Procedure Code of the Russian Federation. An appeal to the cassation instance is possible within six months of the entry into force of the court decision.
Necessary
- - The Civil Procedure Code of the Russian Federation;
- - personal data of the plaintiff and the defendant;
- - the decision or ruling of the court, which is subject to appeal;
- - a receipt for payment of the state duty.
Instructions
Step 1
Write a cassation appeal if you decide to appeal an appeal ruling, a decision of the Supreme Court of the Republic or another ruling that is subject to appeal to the cassation instance, prescribed in article 377 of the Code of Civil Procedure of the Russian Federation.
Step 2
In the upper right corner, write the name of the court to which you wish to lodge a complaint. Accordingly, it will be the Supreme Court of the Russian Federation. Next, write the full address of the location of the cassation instance. Indicate the personal data of the defendant, his address of permanent residence. Enter the last name, first name, patronymic of the plaintiff, his residence address.
Step 3
In the middle, write the title of the document in capital letters. Then write in the date and name of the judicial authority whose decision or ruling you are appealing. Write the number of the case that was heard by the court and on which the order was issued.
Step 4
In the descriptive part of the cassation appeal, write down the essence of the case considered by the court. Then, referring to legislative acts, in the motivation part, write the reasons and reasons why you disagree with the decision or determination made.
Step 5
In the pleading part of the complaint, write that you are asking to cancel the decision or ruling of the court, to adopt a new ruling, and to cancel the claim that the plaintiff said.
Step 6
Write down the list of evidence that is attached to the complaint. These include the decision or ruling of the court, which you appeal, a receipt for payment of the state fee, the amount of which is established by law. Make as many copies of the cassation appeal as there are persons involved in the case. Put your signature, date of preparation of the document, surname, initials.
Step 7
In cassation procedure, you have no right to appeal against decisions of the Supreme Court of the Russian Federation, decisions that have not passed the appeal stage, court rulings and decisions of justices of the peace. A cassation appeal cannot be filed if an appeal ruling has been issued by a district court. This is enshrined in Article 377 of the Civil Procedure Code of the Russian Federation.
Step 8
Write a supervisory complaint if a ruling or decision is made by the supreme court of the republic in order to appeal against the ruling of a lower judicial body, for example, a city or district court. The document drawn up and signed by the applicant with the attached evidence should be submitted to the Presidium of the Supreme Court of the Russian Federation.
