Cassation appeal: procedure for drawing up and sample


Reasons for appeal

The reason for appealing a judicial act is the disagreement with it of a participant in the process or another person whose interests and rights are affected by the decision.
Appeal is provided for by the procedural codes of the Russian Federation: Civil Procedure Code of the Russian Federation (Chapter 41), Arbitration Procedure Code of the Russian Federation (Chapter 35), CAS RF (Chapter 35), Code of Criminal Procedure of the Russian Federation (Chapter 47.1). The cassation instance is a check of the legality of a judicial act that has entered into force.
To cancel it, strong arguments and grounds are required, since incorrect application or violation of substantive or procedural law does not allow restoring the violated right except by canceling the decisions made.

Time limits for consideration of a complaint

The Supreme Court considers received applications within 1-2 months from the date of registration with the secretariat. This period may be extended to 90 days if the Supreme Court needs to request case materials from lower courts.

In case of violation of the complaint form (unreadable handwriting, obscene language, threats), the complaint will be rejected within 15 days. If there are threats against anyone, the complaint will be sent to law enforcement agencies to initiate criminal proceedings.

✉ A simple 5-step algorithm for filing a complaint against the district court

To know

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