In case of disagreement with the decision of the court of first instance, the citizen can appeal it on appeal. But what to do if the decision of the appellate court did not allow the citizen to achieve what he wanted and at the same time seems to him to be unfounded and unlawful? Under such circumstances, you can file a cassation appeal against the appeal ruling.
The main purpose of cassation is to assess the legality and validity of the existing court decision. That is, in a cassation procedure, a citizen can challenge appeal rulings that have gained legal force. 
Certain legislation and the cassation procedure make it possible to verify the objectivity of the interpretation and use by courts of previous instances of the established standards of procedural and substantive legislation.
Deadlines for filing a cassation appeal
The legislation sets a 6-month period for filing a pending complaint. The starting point is the date the court ruling subject to challenge received legal force.
In most situations, there are no difficulties with filing a complaint with the cassation authority and calculating the available time periods.
At this stage, 2 court decisions are already ready, namely:
- the decision made by the court of first instance;
- determination regarding a citizen's appeal.
The legal effect of the above-mentioned decisions begins at the moment the appeal ruling is issued, i.e. simultaneously.
Thus, the starting point for the available period for filing the complaint under consideration is the date following the day the appeal ruling enters into legal force. In accordance with this, the previously mentioned 6-month period begins to count from the moment the reasoned composition of the appeal ruling is announced.
Where to file a complaint and who can do it?
The right to submit a cassation appeal for consideration belongs, first of all, to citizens involved in judicial proceedings, as well as any persons in respect of whom there has been a violation of their rights and interests that arose as a result of the court making a controversial decision.
Such complaints are considered by the cassation court. The applicant must submit a complaint to the court that made a decision unsatisfactory to the citizen. Within 3 working days, the complaint and the case materials will be sent for cassation consideration. 
To avoid unnecessary time costs, it is necessary to initially approach the preparation of a cassation appeal with knowledge of the matter. Its content must comply with current legal provisions.
Requirements for the content of the complaint
The procedure for drawing up an application is determined by the provisions of Article 378. Civil Procedure Code.
Article 378 of the Code of Civil Procedure of the Russian Federation. Contents of cassation appeals and presentations. Download text
If a cassation appeal is filed by a citizen who is not a direct participant in the disputed case, in his application the interested person must indicate the fact of violations of his legal rights and interests resulting from the court’s issuance of the contested decision.
If a citizen has previously appealed to the court of cassation with complaints regarding the case under consideration, the new application must list the decisions determined in relation to the previous application. 
The application must be certified by the personal signature of the author or his authorized representative. In case of filing a complaint certified by the signature of a representative, a power of attorney for carrying out such activities or another suitable document from the list approved by law must be attached to the application.
In addition to a properly drafted complaint, a citizen must submit copies of previous court decisions regarding the disputed case. Documents are subject to certification by the appropriate authority. In accordance with the current legislative provisions, the number of copies of the complaint under consideration must correspond to the number of persons who have expressed a desire to participate in cassation proceedings and have grounds for doing so.
In addition to the cassation appeal, a payment document is attached indicating that the applicant has paid the established state duty, if the need to pay it is provided for by current legislative provisions. The amount of the deduction and the details for sending it are specified by the applicant individually at the location.
Errors when drawing up a cassation appeal
To avoid unnecessary time costs and various kinds of delays, approach the preparation of the cassation appeal competently, avoiding at least the most common design errors.
Table. Popular mistakes in the content of a cassation appeal
| Error | Explanation |
|---|---|
| Lack of argumentation | The applicant must clearly substantiate his claims, according to which he considers the contested court decision as a whole or specific parts of it to be illegal and insufficiently reasoned. |
| Missing required copies | The complaint must be accompanied by copies of it according to the number of participants in the case. Also, along with the application, evidence is submitted indicating the fact of violation on the part of the courts of previous instances. In the absence of the listed documents, as well as in the case of their submission in inappropriate quantities, the cassation appeal will not be accepted for consideration. |
| Filing an unverified complaint | As noted, the applicant or his authorized representative must certify the complaint with a personal signature. |
| Non-payment of duty | The grounds for paying the state fee, as well as its size and details for transfer, are clarified individually at the place of filing the application. |
If the above errors are discovered, the judge leaves the citizen’s cassation appeal without progress. The applicant is given a certain period during which he must correct the existing shortcomings. If the applicant manages to get rid of inaccuracies within the designated period, the court determines the date of acceptance of the complaint on the day of its initial submission for consideration, i.e. in fact, the submission deadline is not lost.
In addition, the court will not consider the complaint if it contains offensive and incorrect language regarding the court itself or citizens involved in the controversial proceedings. Statements with similar content remain without action and are returned to the addressee. If necessary, the court may appeal to law enforcement agencies to demand that the author of the complaint be held accountable.
Thus, the period for filing a cassation appeal is 6 months. At the same time, the applicant needs to be able to navigate the calculation of this period in order to cope with all the necessary tasks accurately and on time.
Video - Deadline for filing a cassation appeal against an appeal ruling
When the deadline for filing a cassation appeal is discussed, many people do not have a clear understanding of the term itself. The cassation, arbitration and appeal processes are often confused, which leads to confusion. Each of these definitions means contestation, but in time they are made sequentially, and they are completely different things.
Cassation appeal - what is it, what is it for?
If we consider the dispute in general, the procedure may consist of four stages, as, for example, in the case of material claims of the plaintiff against the defendant. The procedure for resolving administrative cases involves:
- pre-trial measures;
- arbitration court;
- appeal proceedings;
- filing a cassation appeal.
Cassation is not a repeated process of considering the object of the parties' claims. If the arbitration court of first instance during its consideration did not take into account some facts or gave them an incorrect assessment, then an appeal is filed. It is a re-revision. Filing a cassation appeal is an appeal against a decision of the appellate court. And the procedure does not consist of reviewing the case. This means the results will be different. One of the main differences is the moment of application. If an appeal is filed against a court decision that has been announced but has not yet entered into force, then cassation is initiated when the sentence has already been applied. It is better to consider this difference using the example of a criminal case.
Cassation hearing
The judge has reviewed all the materials, performed all the necessary actions and measures, and is ready to announce a decision. He reads out the text of the resolution. If the accused is not satisfied with its conditions, he has a month to file an appeal. The case will be remanded for review. In fact, you will have to go through another trial, but the judges will be different.
If this was not done and the time has come to pay for the verdict, this does not mean that the convicted do not have enough rights to challenge the court decision. To do this, it is enough to file a corresponding complaint with the Supreme Court. It is this one that, in its jurisdiction, has the right to overturn the decision of the court of first instance and make a new decision, up to and including the dismissal of all charges. The main thing is to do it on time.
Procedure for filing a cassation appeal in civil cases
It is better to consider this issue in comparison. So, if the appeal review of the case is carried out by the same authority that made the initial decision, then the cassation is considered by a higher court, up to the Supreme Court. You need to contact those authorities whose jurisdiction includes the right to cancel the sentence.
When it comes to magistrate and district court decisions, the presidium is formed from judges of the regional, district or republican scale. Article 377 of the Code of Civil Procedure of the Russian Federation states that if it is announced in a regional, district or republican court, the presidium of these courts can note the verdict.
The highest institution is the RF Armed Forces. Then a panel of Supreme Judges is formed. They will deal with the issue of canceling the punishment that the applicant already bears. According to its focus, the board can deal with:
- administrative matters;
- civil cases;
- affairs of military personnel;
- economic disputes.
Note! Russian legislation states that in order to initiate legal proceedings, it is necessary to meet the deadline for a cassation appeal. This means that there is a set period when the submitted application is accepted. Otherwise, it remains without consideration.
Deadlines for filing a cassation appeal
The applicant has no more than 180 days, that is, 6 months. The starting point is the date after the verdict is read. You cannot exceed the established period by a single day. Otherwise, the complaint will not be accepted. Only very compelling reasons can serve as a sufficient basis for an increase.
On a note!, but only in the case when, after the trial of first instance, all deadlines for appeals were missed and the decision became valid with all the conditions. With this scenario, the first day of the 6-month period is considered to be the date when this happened. The Code provides for a month for the first instance verdicts to take effect.
Exceptional cases for reinstating the deadline
The norms established by law regarding the time of application may be revised. But for this, according to the laws of the Russian Federation, there must be compelling reasons. These include errors made by court staff, for example, when notice of a ruling does not arrive or is late.
Serious illness of relatives gives the right to restore the deadline for filing a cassation
Another example: the court did not notify the participant at all that a meeting would be held on such and such a date. After all, most civil cases can be considered without a defendant. As a result, the verdict is valid, and the time to appeal it has expired. In this case, a corresponding application must be submitted with a request to extend the deadline for filing a cassation.
The same appeal must be submitted in the case where the defendant was not able to initiate the process in a timely manner due to:
- Serious illness. This refers to critical cases when a person could not physically do this. For example, he was treated in a psychiatric clinic for six months and could not adequately respond to the expiration of the deadline. Also in case of loss of the ability to move, etc.
- Helplessness. There were injuries that occurred suddenly and were difficult to heal, which prevented the timely filing of a cassation statement. This also includes cases when doctors prescribe narcotic drugs, as for cancer.
- Current family circumstances. The person was in another city, where he was caring for close relatives, treating a child, etc. In this case, it can be proven that for this reason the defendant simply could not know that a sentence had been passed that was already in effect.
- Disasters and special conditions. It does not matter if the disaster occurs in the city where the subject lives. If he is a liquidator, sent on a business trip and did not have the opportunity to receive notification, the cassation (term) will be extended. This also includes the case of a regular long business trip.
Natural disasters are the reason for the restoration of deadlines
What document should I submit? Cassation statement. The form and sample can be downloaded on the Internet. But it is best to have an experienced lawyer handle this. The legislation is intricate, and it is easy to get confused in it if you do not have special knowledge and skills. Therefore, you need to compose the text extremely carefully; every little detail matters.
Important! Each argument and formulation must be supported by documents. To do this, copies of all papers (medical reports, travel sheets, etc.) must be attached, and the list must be present in the text. You will have to pay the state fee and attach the receipt to the application. Only then can the court accept the demand and begin legal proceedings.
Interruption of the deadline for filing a cassation appeal
According to part two of Article 102 of the Code of Civil Procedure, each participant in the court hearing receives notification of the date of the hearing. All parties are also notified upon completion of judicial actions, which is accompanied by the announcement of the verdict. There are cases when a participant knew what he was charged with, was aware that the verdict had entered into force, but still delayed filing an appeal.
Note! The period for appealing to the court of cassation can be interrupted if there are sufficient grounds for this. The list is similar to that given earlier. For these reasons, if documented, the period may be extended. And exactly as much as a person could not apply for cassation.
Extension and suspension of deadlines
The difference is that interruption, extension and suspension are carried out at the timely request of the applicant. This means that the relevant application is submitted within the deadline itself. The point is to notify the court of the need to suspend the clock for a specified period.
The text specifies both the reasons and the desired result. As a last resort, suspend the expiration date. This means that it will automatically be increased. You need to write why this is necessary. It is indicated that as soon as the situation changes, the applicant is ready to file a cassation appeal.
Note! By sending the paper to the appropriate authority, you can solve problems, complete treatment, etc. Now the countdown will be suspended. But as soon as the situation improves, you need to immediately file an application for cassation. The involvement of an experienced attorney increases the chances that the petition will be accepted.
The application must also be accompanied by all evidence that will confirm that the circumstances really prevent you from going to court immediately. Having attached copies of documents and paid the fee, you can send them to the court by registered mail with a list of the attachments.
If there is a lawyer, he can transfer the papers to the court office. But for this you need to issue a power of attorney for the right to represent interests. It is he who can participate in the case, and the presence of the applicant is not necessary. There are different cases, but the most common ones are described in this article. A lawyer will tell you how to act in a particular situation.
Deadlines for filing a cassation appeal in a civil case are determined in accordance with the Code of Civil Procedure of the Russian Federation and indicate the period during which participants in the process or other interested parties have the right to appeal to the appropriate authority to challenge a court decision that has entered into legal force.
Procedure for filing a cassation appeal in civil cases
According to Art. 377 of the Code of Civil Procedure of the Russian Federation, a cassation appeal is submitted directly to those courts that will consider it (and not to those that made the contested decision, as happens in appellate proceedings).
If we talk about appeal decisions made by the courts of territories, regions, districts, republics and the like (including district/naval courts), then they are appealed to the presidiums of the relevant courts. Decisions made by magistrates and district courts that have entered into force are appealed to the presidiums of the regional, regional, district, republican, etc. courts. values accordingly.
Don't know your rights?
In cases where the decisions being appealed were already made by the presidiums of the above-mentioned courts, a cassation appeal must be addressed to one of the boards of the RF Armed Forces. Depending on the dispute under consideration, these may be boards:
- on administrative matters;
- in civil cases;
- for military affairs;
- on economic disputes.
In order for a cassation appeal to be not only filed, but also accepted for consideration, you must be guided by a number of established rules:
- The cassation appeal you submitted must meet the requirements for the content of the complaint under Art. 378 Code of Civil Procedure of the Russian Federation. This means that it must reflect mandatory data, in particular:
- name of the court to which the complaint is sent;
- Full name of the citizen, his residential address;
- status in progress;
- names (names) of all participants in the trial;
- information about decisions in the case taken earlier, indicating the courts that made them;
- information about which rights were violated by these decisions, with links to the regulatory framework;
- directly the request of the person filing the complaint;
- list of attached documents;
- personal signature of the applicant or his representative (in the latter case, a power of attorney to represent interests must be attached).
Deadlines for filing a cassation appeal
According to the provisions of Art. 376 of the Code of Civil Procedure of the Russian Federation, citizens are given the right to appeal to the courts of cassation within six months from the moment the appealed decision came into force. To make it more clear, we will analyze 2 main cases. If the decision of the court of first instance has already been appealed, then the decision made on appeal came into force from the moment it was made. Consequently, the next day after the consideration of the case, the calculation of the 6-month period allotted for filing a cassation begins.
If we talk about a decision made by a court of first instance, which has already entered into legal force and is being appealed in cassation (for example, this can happen when the deadline for appealing a court decision was missed and you were denied its restoration), then consider 6- the month period follows from the day the decision of the court of first instance entered into legal force. According to the norms of civil procedural legislation, the decision of the court of first instance comes into force one month after it is made.
A cassation appeal is filed against a court decision or ruling after an appeal.
What is a cassation appeal
A cassation appeal is a complaint against a court decision that has entered into legal force.
The cassation instance is intended to correct significant violations of the norms of substantive law or norms of procedural law committed by the courts during the proceedings of a civil case and influencing the outcome of the case, in cases where without their elimination it is impossible to restore and protect the violated rights, freedoms and legitimate interests, as well as the protected law of public interests.
When considering a cassation appeal, the cassation court checks only the legality of court decisions, that is, the correct application and interpretation of the norms of substantive law and norms of procedural law (Part 2 of Article 0 of the Code of Civil Procedure of the Russian Federation).
| Note! |
Court decisions that can be appealed in cassation
The following court decisions that have entered into legal force can be appealed through the cassation procedure:
- decisions, rulings of district courts, garrison military courts, justices of the peace, adopted by them at first instance, court orders;
- appeal rulings made by courts based on the results of consideration of cases on appeal and private complaints, presentations, with the exception of appeal rulings of the Supreme Court of the Russian Federation (clauses 4 - 5 of part 2 of Article 391.1 of the Code of Civil Procedure of the Russian Federation);
- rulings made by the courts of appeal, specified in paragraphs 1 and 2 of the article of the Code of Civil Procedure of the Russian Federation, on leaving without consideration on the merits of appeals, presentations on the basis of paragraph 4 of article of the Code of Civil Procedure of the Russian Federation and other determinations;
- decisions of the presidiums of regional and equal courts
Cassation instance
A cassation appeal in a civil case is filed with the cassation authority. The cassation authorities are:
- on appeal rulings; on court orders, decisions and rulings of district courts and magistrates that have entered into legal force - the presidium of the supreme court of the republic, regional, regional court, court of a federal city, court of an autonomous region, court of an autonomous district;
- on appeal rulings of district (naval) military courts; on decisions and rulings of garrison military courts that have entered into legal force - the presidium of the district (naval) military court;
- on decisions and appeal rulings of the presidiums of the supreme courts of republics, regional, regional courts, courts of federal cities, courts of an autonomous region, courts of autonomous districts; against decisions and rulings of district courts that have entered into legal force, adopted by them in the first instance, if these decisions and rulings were appealed to the presidium of the supreme court of the republic, regional, regional court, court of a federal city, court of an autonomous region, court of an autonomous district, respectively - to the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation;
- on decisions of the presidiums of district (naval) military courts; against appeal rulings of district (naval) military courts, as well as against decisions and rulings of garrison military courts that have entered into legal force, if these court decisions were appealed to the presidium of the district (naval) military court - to the Judicial Collegium for Military Personnel of the Supreme Court of the Russian Federation .
Drawing up a cassation appeal
When drawing up a cassation appeal in a civil case, you should adhere to the requirements of the article of the Code of Civil Procedure of the Russian Federation and take the presented sample of a cassation appeal as a basis.
The cassation appeal must contain the following information:
- full name of the cassation court
- procedural status, name and address of the person filing the complaint
- name and procedural status of other persons participating in the civil case, their addresses
- Title of the document - Appeal
- details of all court decisions appealed in cassation
- arguments and grounds for which court decisions are illegal and subject to cancellation
- demands to cancel court decisions
- list of documents attached to the cassation appeal
- date and signature of the person filing the complaint
When appealing court decisions, the cassation instance has the power to cancel or change court decisions in the case or leave them in force. The requirements in a cassation appeal must comply with the powers of the cassation court. The full list is given in the article of the Code of Civil Procedure of the Russian Federation.
Copies of court decisions attached to the complaint must be properly certified. Photocopies of documents are not accepted.
Deadline for filing a cassation appeal
The deadline for filing a cassation appeal in a civil case is 6 months from the date the court decision entered into legal force (Article of the Code of Civil Procedure of the Russian Federation).
The specified period begins for decisions and rulings of the court of first instance from the moment the appeal ruling is issued. For appealing appeal rulings, the period begins from the moment they are adopted. For a court order, the period begins to run from the moment the time for filing expires.
The period for cassation appeal is calculated from the next day after the court decision enters into legal force and expires on the corresponding date after 6 months. If the deadline for filing a cassation appeal is missed, it can be restored on the grounds specified in the article of the Code of Civil Procedure of the Russian Federation. To do this, a corresponding application is submitted to the court of first instance.
| Note! |
Filing a cassation appeal in a civil case
A cassation appeal is filed directly with the cassation court. This is usually done via postal service. When filing a cassation appeal in violation of the deadline, it is necessary to attach a copy of the court ruling to restore this deadline.
Copies of the appealed court decisions are attached to the complaint. Please note that copies of court decisions attached to the cassation appeal must be properly certified by the court of 1st instance.
How are copies of judicial acts properly certified?
The procedure for certification of a copy is established by the Instructions for Judicial Proceedings.
Copies of judicial acts issued by the court must be certified by the signatures of the judge, the court secretary, as well as the official seal of the court. On the front side of the last sheet, under the text, the stamp “Copy is correct” and the seal of the court are affixed. A “COPY” stamp is placed in the upper right corner of the first sheet of the document.
If a copy of a court order consists of several sheets, then all sheets must be numbered, stitched with a strong thread, the ends of which are brought out on the back side of the last sheet of the copy of the document, or stapled using a stapler; on the reverse side of the last sheet, in the places of fastening, a sticker is placed with the certification inscription “numbered and sealed by ____ sheets, signature ______” indicating the court that is issuing a copy of the document, the signature is sealed with the official seal of the court. The seal is placed in such a way as to partially capture the piece of paper that seals the ends of the thread or the place of fastening.
When filing a cassation appeal, a state fee is paid, except in cases where the applicant has benefits for its payment.
Sample of a cassation appeal
Template for a cassation appeal in a civil case, taking into account the latest changes in legislation. Download a sample complaint.
IN ___________________________
(name of the cassation authority)
From: __________________________
(full name, address)
Persons involved in the case: _________
(full name, address
all participants in the case)
Appeal
“___”_________ ____ the court of _________ (name of the court of first instance) made a decision (ruling) in a civil case on the claim of _________ (full name of the plaintiff) to _________ (full name of the defendant) about _________ (indicate the essence of the claims). By decision (ruling) of the court _________ (indicate how the case was resolved).
“___”_________ ____ the case was considered in the appellate instance _________ (name of the court that considered the appeal against the court decision), during the consideration an appeal ruling was adopted, which _________ (indicate how the case was resolved in the second instance, what court decision was adopted).
I believe that when issuing a court decision _________ (indicate the name of the court decision), the rules of procedural law _________ (list the rules of procedural law that were violated during the consideration of the case), as well as the rules of substantive law _________ (list the rules of substantive law that were violated) were significantly violated when making court decisions).
The violations committed significantly influenced the court decision in the case; without eliminating the violations committed, it is impossible to restore and protect the violated rights, freedoms and legitimate interests of _________ (full name of the applicant).
Based on the above, guided by articles of the Civil Procedure Code of the Russian Federation,
- Cancel ____________ (name of the court decision of the court of first instance) dated "___"_________ ____ in a civil case on the claim of _________ (full name of the plaintiff) to _________ (full name of the defendant) about _________ (essence of the claims).
- Cancel the appeal ruling ____________ (name of the appellate court) dated “___”_________ ____
- Refer the case for a new trial to _________ (indicate the name of the court).
List of documents attached to the complaint (copies according to the number of persons participating in the case):
- Copy of the cassation appeal
- Document confirming payment of state duty
- A copy of the decision (ruling) of the court _________ (name of the court of first instance), certified by the court
- A copy of the appeal ruling _________ (name of the appellate court), certified by the court
Date of filing the complaint “___”_________ ____ Signature of the applicant _______
Download a sample cassation appeal:
The procedural period for filing a cassation appeal in a civil case is legally established at six months.
On the one hand, this is intended to ensure the reasonableness of the time frame for legal proceedings, on the other hand, to give the plaintiff a sufficient period to prepare and conduct an appeal.
At the same time, it is the procedural deadlines that are the most controversial issue in Russian cassation: rarely does anyone manage to go through all the stages without ever requesting additional time. Why is this happening?
In contact with
Cassation appeal to the Civil Code of the Russian Federation
Cassation is the third stage of legal proceedings, in which arbitrators analyze the validity of decisions made by their colleagues from previous authorities, looking for procedural or civil legal shortcomings.
The first includes the incorrect composition of the board, violation of the procedure or deadlines for consideration, etc. The second includes incorrect interpretation and (or) application of laws, for example, refusal to take into account the recommendations of the RF Armed Forces.
The plaintiff’s task is to find these errors, connect them with the disputed decision, that is, show that correction would have led to a different result. The cassation office is not involved in assessing the evidence and circumstances of the case or considering its merits.
Take into account: A cassation appeal is drafted differently from primary and appeal claims.
Standard samples are available online, but each complaint is the result of a detailed analysis of judicial acts. Statistics say that 70% of applications do not make it to the final hearing before the board precisely because of incorrect drafting, writing or missed procedural deadlines.
Deadline for filing an appeal
The deadline for filing an application to cassation in civil proceedings is six months from the announcement of the operative part of the ruling of the 2nd instance (Article 376 of the Code of Civil Procedure of the Russian Federation).
In practice, the issuance of a motivation letter may be delayed. If the delay exceeds 5 days, the period is extended by this time.
Cassation is a multi-stage process. If the case is lost or does not reach consideration by the Presidium of the subject’s court, the plaintiff appeals to the panel of the Supreme Court. If it is returned to the applicant due to any violations, a private objection is submitted to the Chairman.
It is worth noting: The difficulty is that all these stages have a common time limit.
For the period during which the complaint is in cassation proceedings (from acceptance to the issuance of a decision), the period is suspended. This rule does not apply to cases where the application is returned to the applicant due to any procedural violations (Article 379.1 of the Code of Civil Procedure of the Russian Federation).
It also does not take into account the time during which the case materials are sent from one instance to another and certified with a blue seal (which can take up to a month or more).
Thus, the plaintiff has not 6 months, but less. Calculation example:
- The appeal ruling on the labor dispute was announced in the operative part on May 1, 2018, and in the reasoning part on May 4. The period for cassation begins on May 2 and ends on November 2.
- On May 16, documents from the 2nd instance arrived at the first. It took another 2 weeks to certify copies of all decisions and rulings. Since it is difficult to prepare for an appeal without documents in hand, the plaintiff practically lost a month.
- On June 13, a cassation appeal was filed with the Presidium of the subject's court; on July 7, it was rejected. During this time, the period is suspended and resumed only on July 10 (the next working day); The deadline is moved to November 27.
- The plaintiff has 4 months and 19 days to re-file the complaint with the Supreme Court.
It is important to know: if the deadline is missed, it can be restored (Article 112 of the Code of Civil Procedure of the Russian Federation). Within six months from the date of its expiration, a petition is written to the primary court. The absence must be explained by force majeure circumstances (illness, incapacity). The fact that the materials “wandered” between court buildings for a long time or were certified with a blue seal is not considered a valid reason.
Procedure for filing a complaint
A cassation claim is filed according to the rules of jurisdiction:
- to the Presidium of the regional court after the case has gone through the magistrates or district court and appeal;
- to the Judicial Collegium of the Supreme Court of the Russian Federation, if the case has already been considered in the 3rd instance.
How are attachments to the complaint collected:
- Certified copies of all decisions in the case (including the appeal).
- Document confirming payment of state duty. The cost of filing a claim is 150 rubles. for private, 3000 rub. for legal entities (Article 333.19 of the Tax Code of the Russian Federation).
First, the complaint goes through the “filtering” stage: it is reviewed by a third-party arbitrator for procedural violations and the “acceptability” of the content for the court of 3rd instance. He either gives the case a go - sends it further for a comprehensive trial before the board, or returns it to the applicant with a reasoned determination.
Note: In civil cases, there is still the practice of filing a “short” cassation appeal - an application that does not contain a motivational part. They are rejected within 10 days and returned to the applicant. This is done in order to quickly “bypass” the not always impartial regional court, and direct all efforts to challenge it in the RF Armed Forces, where the chances of satisfying the claims are higher.
Procedural deadlines for cassation are a stumbling block for many, even experienced specialists. Time is limited; Often local arbitrators drag it out in every possible way, trying to “not wash dirty linen in public,” that is, not to involve the RF Armed Forces in the case. And the Russian bureaucratic and postal systems reduce it to a minimum.
In such a situation, the quality of the complaint comes to the fore. Therefore, the best choice for those who intend to fight to the end and win is not to rely only on their own strengths, but to resort to the help of professional lawyers. On our website you can get a free consultation with a lawyer in civil cases.
Watch the video in which a lawyer explains in detail the procedure for filing a cassation appeal in civil cases:
