Judicial proceedings in Russia provide for three types of appeals against court decisions: cassation, appeal and supervisory complaint in civil cases.
Each of the complaints has its own peculiarities and terms of filing.
The first, as a rule, is the appellateThe complaint is a protest against a court decision that has not yet entered into force. Such a complaint must be filed within 10 days from the date of the court decision, unless otherwise provided by law. Then, within 6 months from the date of entry into force of the court decision, any of the interested parties in the process may file a cassation appeal.
The grounds for cassation are violationsProcedural norms or norms of substantive law (incorrect application of normative acts, calculation of terms, interpretation). The appeal of cassation should be drawn up taking into account the requirements of art. 41 of the Code of Civil Procedure of.
When composing the cassation, indicate the full nameCourt, in which this complaint is sent, as well as completely indicate your personal data (name, year and place of birth, residence, contact phone number), list all persons involved in the case and their coordinates. List and the courts that before the cassation considered the case (the first instance, the appeal), as well as indicate the content of their decisions. The resolutive parts of the decisions can be included in the complaint, or you can attach a separate document by making a note at the end of the complaint about the availability of applications (use them necessarily, and also assign a serial number to each sheet).
In describing the complaint, you must be as clear andIt is reasonable to state the violations that, in your opinion, were committed during the examination of the case, and also to indicate whose interests were infringed upon by the wrong decision / ruling of the court.
At the end it is necessary to state the requirement:
- to abolish the earlier decision of the court-
- change it in any part-
- leave one / several of the decisions in force, if there were many.
Sign the cassation complaint, attachCertified copies of the court decisions (can be obtained from the secretary) and a receipt for payment of state fees. Complaints must be submitted in the number of persons participating in the case.