Publication date: 05.06.2024
lawyer, 23 years of experience in enforcement.
A cassation appeal is submitted directly to the court of cassation instance.\
The form and content of the cassation appeal
A cassation appeal is submitted in writing.
The cassation complaint must state:
1. Name of the court to which the complaint is filed.
2. full name (for legal entities) or first name (surname, first name and patronymic) (for individuals) of the person who files a cassation appeal, his location (for legal entities) or place of residence or stay (for individuals persons) the taxpayer's registration card, his e-mail address and means of communication, if any;
3. full name (for legal entities) or first name (surname, first name and patronymic) (for individuals) of all participants in the case, their place of residence (for legal entities) or place of work or study (for individuals) .
contested decision (end);
4. the floor(s) on which the cassation appeal is filed, with the definition(s) given in Article 389 of the Code of Civil Procedure. In the event of a cassation appeal based on Clause 1, Part 2 of Article 389 of the Civil Code of the Civil Code, the decision of the Supreme Court is formalized as an appeal, in which a conclusion on the application of the rule of law by the court in similar legal situations, which was not taken into account in the contested court decision, is presented. In case of filing a cassation appeal on the basis of clause 2 of part two of Article 389 of the Civil Procedure Code, the reason for rejecting the conclusion regarding the application of legal norms in similar legal situations must be stated in the cassation appeal, this must be stated in the decision of the Supreme Court. In the case of filing a cassation appeal against a court decision, provided for in clauses 2 or 3 of the first part of Article 389 of the Civil Code, the complaint states the reason for the erroneous application of the principles of substantive law or the violation of the norms of procedural law, which led to the adoption of an illegal court decision (resolution).
5. Personal complaint;
6. a list of written documents related to the complaint;
7. date of receipt by the court of a copy of the court decision on appeal.
A cassation appeal is filed by the person who filed it, or the person's representative. A document authorizing another person to act on their behalf must be included with the complaint, or another document certifying the authority of the representative.
The following are attached to the cassation complaint:
1. reprints of the complaint and accompanying materials in accordance with the number of involved participants;
2. evidence confirming the date of receipt of a duplicate of the contested decision in the court of appeal, if any;
3. documents confirming the payment of the court fee in the proper order and in the correct amount, or documents explaining the grounds for exemption from the payment of the court fee in accordance with the law.
If a cassation appeal is filed by a person who, according to the law, is not obliged to pay a court fee, the complaint must state the reasons for exempting him from paying the court fee. Refusal to satisfy the cassation appeal without changing the current state, returning the complaint to its initial state.
A cassation appeal is considered legitimate if it has reached the court of cassation instance on the day of its receipt and has been transferred to the relevant judge as soon as possible in accordance with the procedure established by Art. 33 of the Code of Civil Procedure.
If the cassation appeal is filed in violation of the provisions of Art. Article 9 of the Civil Code, Article 56 of the Criminal Code and the provisions of Art. Rule 185 of the Civil Procedure Code refers to the process itself, the judge interprets it as a ruling on the procedure.
A cassation appeal, which is active, remains inactive even if it is submitted after the requirements of Art. The term "valid" comes from Article 390 of the Code of Civil Procedure, which states that the applicant did not raise the issue of renewal of the term or if the grounds given by him in the application were found to be insufficient. In addition, within 10 days from the date of delivery of the decision, a person has the right to file a complaint with the court of cassation regarding the date of the decision or other grounds leading to an extension of the deadline.
If the application is not submitted by the person within the specified period or due to incorrect submission of grounds for renewal of the term of cassation proceedings, the judge refuses to open cassation proceedings on the basis of clause 4 part 2 of article 394 of the Code of Criminal Procedure. .
The cassation appeal remains without consideration and is returned immediately if:
1. the cassation complaint was filed by an incapacitated person, was not signed and was signed by a person who does not have the right to sign it, or by a person whose official position is not specified;
2. the complaint was filed in a different way than the court of cassation instance;
3. Before the ruling on the opening of cassation proceedings was issued, a petition was received from the person who filed the complaint to leave it without consideration.
4. The appeal against the decision to leave the court decision unchanged is not aimed at establishing the reasons that will be used to challenge the court decision in the cassation procedure.
The issue of leaving the re-examination without taking measures is decided by the reporting judge within 20 days from the day of receiving the re-examination. The issue of returning a cassation appeal is decided by the court of cassation instance within 20 days from the date of receipt of the cassation appeal or from the date of expiry of the period for eliminating deficiencies. A copy of the court decision on the resumption of cassation proceedings is sent to the participants in the case in accordance with the procedure specified in Art. 272 of the Code of Civil Procedure. A copy of the court ruling on the return of the cassation appeal is attached to the appeal together with the materials attached to it, after which the application is kept in the court of the cassation instance.
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.
