Publication date: 05.06.2024
lawyer, 23 years of experience in enforcement.
Opening of cassation proceedings in the case
Within no more than twenty days from the date of receipt of the cassation appeal or the expiration of the period for eliminating deficiencies, the court of cassation instance issues a decision on the opening of cassation proceedings or on the refusal to satisfy the appeal. In the case of rejection of the appeal, a copy of this decision together with the materials attached to it is provided to the person who filed the cassation appeal, and a copy of the appeal itself remains in the court of cassation instance.
In accordance with the decision of the court of cassation on the opening of cassation proceedings, the parties to the case are given the opportunity to submit a written response to the cassation complaint within the specified period. The answer should contain the following:
To ensure a comprehensive response to a cassation appeal, the following information must be provided: 1. Name of the court of cassation instance; 2. The name and mailing address of the person sending the response, as well as the preferred method of communication and email address, if applicable; 3. Detailed explanation of the objections raised against the content and requirements of the cassation appeal; 4. If necessary, a formal request from the respondent; 5. A complete list of all accompanying documents. It is important to note that the absence of a response to a cassation appeal does not prevent the review of court decisions.
Evidence of sending copies of the response and accompanying documents to all other persons involved in the case is attached to the response.
The cassation proceedings are closed under the following circumstances:
1. if, after the opening of the cassation proceedings, the person who filed the cassation appeal files a motion to withdraw the appeal, if other persons who joined the appeal do not object to it;
2. If, after the opening of cassation proceedings, it is established that the cassation complaint is not signed, submitted by an incapacitated person or signed by a person without the authority to do so;
3. If, after the opening of cassation proceedings based on a person's cassation appeal against a court decision that concerns his rights, freedoms, interests and/or obligations, it is established that the court decision did not resolve the specified issues relating to the individual. In addition, joining the cassation appeal may also lead to the closure of the proceedings.
Persons who participated in the case have the right to join the cassation appeal initiated by the person they supported. Persons who did not participate in the case have the right to join the cassation appeal, provided that the court has resolved the issue of their rights, freedoms, interests and/or obligations.
Prior to the consideration of the case by the court of cassation, persons have the opportunity to submit an application to join the cassation appeal. Confirmation of payment of the court fee and confirmation of sending a copy of the statement to all other parties to the case must be attached to this statement.
On the amendment, modification or withdrawal of the cassation appeal, as well as on its abandonment without consideration. The person who filed a cassation complaint has the right to supplement or change it within the prescribed period. If additions or changes are made to the cassation appeal, the person must provide evidence of sending copies of these changes to other participants in the case; otherwise, the court will not consider these adjustments or amendments.
Before the ruling on the opening of cassation proceedings is issued, the person who filed the cassation appeal retains the opportunity to withdraw it. In addition, the person who filed a cassation appeal has the right to recognize it as justified both in full and in a separate part before the end of the cassation proceedings. If the cassation appeal is dismissed without satisfaction and there are no objections from other persons who joined the appeal, the court issues a decision to close the cassation proceedings.
If a cassation appeal against court decisions is rejected and the cassation proceedings are closed, the person who initially filed the appeal is prohibited from filing a second appeal. The court of cassation has the right to refuse to withdraw or satisfy the complaint on the basis of part 5 of Article 206 of the Civil Procedure Code.
The time limits for consideration of a cassation appeal are determined by the Civil Procedure Code. In accordance with Article 389, a cassation appeal against court decisions specified in paragraph 1 of the first part must be considered within sixty days, and resolutions provided for in paragraphs 2 and 3 of the first part - within thirty days from the date of the resolution. opening of cassation proceedings in the case.
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.
