Publication date: 05.06.2024
lawyer, 23 years of experience in enforcement.
Decisions and resolutions that are not subject to cassation appeal:
1) decisions, rulings of the court of first instance and rulings, rulings of the court of appeal in cases in which the decisions are subject to appellate review by the Supreme Court;
2) court decisions in minor disputes and with a claim price of no more than 250 US dollars, except for cases when:
- The cassation appeal deals with a legal issue that is of great importance for the formation of a unified law enforcement practice.
- a person who files a cassation appeal, in accordance with the Civil Code, is deprived of the opportunity to challenge the facts established by the contested court decision, when considering another case.
- The case is of significant public interest or is of exceptional importance for the party to the case who files a cassation appeal.
- The court of first instance wrongly qualified the case as insignificant.
A person who did not take part in the case can file a cassation appeal against the court's decision only after reviewing the latter in the appellate procedure at their request. After the court adopts the initial decision to open cassation proceedings based on the complaint of a person who did not participate in the case, the court decides on the issue of his rights, freedoms, interests and (or) duties. This person has the procedural rights and obligations of a participant in the case.
Term for contesting .
A cassation appeal is filed within thirty days after the decision is rendered. If only the initial and final parts of the court decision were announced at the court session or if the case was considered (resolution of the issue) without notification (summons) of the participants in the case, the specified duration is deduced from the full court decision.
The party to whom a full court decision in the case was served on the day of its announcement or termination has the right to extend the missed term for a cassation appeal, if the appeal is filed within thirty days from the date of receipt of the case.
The still possible cassation appeal term may be extended for other valid reasons, except for the cases specified in the third part of Article 394 of the Code of Civil Procedure.
Legal service "Consultant" provides all types of legal services, including online legal services. Specialists of our service will make a legal analysis of the situation for the rehabilitation procedure and help collect the necessary documents and, if necessary, accompany the court proceedings.
