The legislation of the Russian Federation provides for the possibility of appealing against court decisions in case of disagreement with them by the parties involved in the proceedings. The filing of a cassation appeal is only possible against court decisions that have not yet entered into legal force.
Instructions
Step 1
Cassation appeal is subject to judgments issued by the appellate instance, the verdicts of the district courts and the decisions of the courts of first instance in civil cases. The grounds for appeal are the violations of substantive or procedural law revealed by the participants in the trial, committed by the court when deciding on the case, or in case of disagreement with the punishment (its severity or mildness). The procedure for drawing up a cassation complaint is not regulated by law, it only speaks of the right to appeal against court decisions, and also that the complaint must be in writing.
Step 2
In order for the court to accept the complaint for the proceedings, it is necessary that it meet the requirements for procedural documents. The cassation complaint is conditionally divided into three parts: introductory, descriptive and motivating, pleading and annex. In the introductory part, indicate the full name of the court to which it is addressed, your own data - last name, first name, patronymic, address, telephone number, data of other participants in the trial.
Step 3
This is followed by the descriptive and motivating part of the complaint, it is the largest and most important, because the entire process and results of the appeal depend on its competent preparation. At its beginning, make an indication of the previously adopted court decision that you will appeal, then list the violations of the law committed by the court and the grounds on which it must be canceled.
Step 4
In the pleading part of your complaint, state your position on the judgment. This can be either the cancellation of the court decision in whole or in part, its change in terms of mitigation of punishment, or the referral of the case for a new trial. The main thing is that your request complies with the powers of the court established by law, otherwise the complaint will be returned. Then put your signature and date under the complaint.
Step 5
Below, write an attachment to the complaint, which is drawn up in the form of a numbered list. It includes copies of the complaint about the number of persons involved in the case, a document confirming the payment of the state fee, other written evidence (originals and copies thereof), if any.
