Where to write a complaint after a cassation appeal

Complaint to court after cassation - where to complain?

This is the next stage of the appeal.
Regardless of where the case was heard in the first instance - before a magistrate or in a district court - the cassation appeal is considered by the presidium of the court of the subject of the federation. To file a cassation appeal, you must first go through the appeal stage. In this case, no more than six months must pass from the date of the appeal ruling. Otherwise, consideration of the complaint will be refused.

First, the complaint is examined by a single judge. He decides whether to refer the case to the presidium or not.

Based on the petition of the party filing the complaint, the cassation court may suspend the execution of the appealed judicial acts.

If the case is referred to the presidium, the options for the ruling may be as follows:

leave the decision of the court of the first, appellate or cassation instance unchanged, the cassation appeal, presentation without satisfaction;
cancel the decision of the court of first, appellate or cassation instance in whole or in part and send the case for a new trial to the appropriate court. When sending a case for a new trial, the court may indicate the need to consider the case before a different composition of judges;
cancel the decision of the court of first, appellate or cassation instance in whole or in part and leave the application without consideration or terminate the proceedings;
leave in force one of the court decisions taken in the case;
cancel or change the decision of the court of the first, appellate or cassation instance and adopt a new court decision, without transferring the case for a new trial, if an error was made in the application and (or) interpretation of substantive law;
leave a cassation appeal or presentation without consideration on the merits if there are grounds provided for in Article 379.1 of the Code of Civil Procedure of the Russian Federation.

So, if in the first instance the case was considered by a district court, having received a decision of the presidium of the subject’s court that is not to your liking, you can appeal to the second instance of cassation - to the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation.

To apply, it is important that you, firstly, go through the first stage of the cassation appeal and, secondly, do not exceed the six-month period for appeal. This period is calculated from the moment the appeal ruling is adopted, but it does not include the time of consideration of the case in the first cassation instance.

To appeal the decision of the magistrate, there is one more condition: in the first cassation the ruling must be made. If a determination is made, then the appeal process is over.

The received cassation appeal is first examined by the judge alone and decides whether to transfer the case to the board for consideration. The Chairman of the Supreme Court of the Russian Federation or his deputy may disagree with the refusal to transfer and cancel it.

The powers of the Judicial Collegium of the Armed Forces of the Russian Federation are the same as those of the presidium of the subject’s court.

It is no less known that a case is rarely referred to a cassation court. As a rule, the applicant receives a ruling from the judge of the cassation court that there are no circumstances worthy of attention that allow the case to be reviewed by the presidium - the person usually questions the facts and circumstances already established in previous instances, and not the correct application of legal norms.

Having received such a definition, a person believes: it doesn’t matter, there is also the Supreme Court of Russia. And the period, in his opinion, is calculated from the moment the decision of the regional court judge is issued. A second cassation appeal is filed - this time to the highest judicial body of the country, and... it is returned without consideration, because the 6-month deadline for filing it has been missed, and, alas, there is no ruling from the court of first instance to restore this deadline.

The creation of the second cassation instance is not accidental and is due to the desire of the legislator to bring the system of arbitration courts closer to the system of courts of general jurisdiction, where there is a two-level cassation. For courts of general jurisdiction, such a system is due to historical development, while the need for a second cassation in the system of arbitration courts is doubtful.

When filing a cassation appeal against decisions and (or) resolutions of the arbitration court, as well as against court rulings on termination of proceedings in the case, on leaving the statement of claim without consideration, on the issuance of writs of execution for the forced execution of decisions of the arbitration court, on the refusal to issue writs of execution - 50 percent of the state duty payable when filing a claim of a non-property nature (Article 333.21 of the Tax Code of the Russian Federation (part two)).

How long does it take to process a cassation appeal? The cassation appeal must be considered by the presidiums of the regional Armed Forces of the Russian Federation within:

1 month from the date of receipt;
2 months if the case was requested by a judge, and the period is counted from the moment of receipt of the case materials.

In the judicial panels of the RF Armed Forces, the terms of consideration have been increased:

2 months from the date of filing the complaint;
3 months in the case of a claim, the period is counted from the date of receipt of the materials.

The Chairman of the Supreme Court of the Russian Federation has the right to increase the period for consideration of a complaint by 2 months, taking into account the complexity of the case.

In arbitration proceedings, the period for consideration of a cassation appeal is set at up to 2 months from the date of application and can be extended up to 6 months in the case of particularly difficult circumstances.

An appeal (appeal) is an appeal against court decisions that have not entered into legal force in criminal or civil proceedings.

There are full and incomplete appeals.

In case of a full appeal, the case is reviewed from the very beginning in its entirety, according to the rules provided for by the trial court.

If the appeal is incomplete, the case is reviewed only on the basis of the arguments of the appeal.

Cassation (cassation appeal) is an appeal, protest or reversal of a court verdict in a higher court.

Appeal and cassation appeals against decisions

Decisions of the court of first instance that have not entered into legal force may be appealed through the appellate procedure.

The appeal is filed

The deadline for filing an appeal is 1 month from the date of the final court decision.

The appellate court considers the case within the limits of the arguments set out in the appeal.

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The appeal must contain:

name of the court to which the complaint is filed,
the name of the person who filed the complaint, his place of residence or location,
an indication of the court decision that is being appealed,
the request of the person who filed the complaint and the grounds on which the person considers the decision made to be incorrect,
list of documents attached to the complaint.

The appeal is signed by the person filing the complaint or his representative (the powers of the representative must be confirmed by a power of attorney).

The appeal is accompanied by a document confirming payment of the state fee, if the complaint is subject to payment.

The appeal cannot contain claims that were not submitted to the court of first instance.

A reference by the person filing the complaint to new evidence not presented to the court of first instance is allowed only if the impossibility of presenting it to the court of first instance is justified.

The period for consideration of an appeal in courts of general jurisdiction (except for the Supreme Court of the Russian Federation) is no more than 2 months from the date of receipt of the case in court.

The period for consideration of an appeal in the Supreme Court of the Russian Federation is no more than 3 months.

Court decisions that have entered into legal force are appealed through the cassation procedure.

The deadline for filing a cassation complaint or appeal is 1 month from the date of the final court decision.

The deadline for filing a cassation appeal to the court has been established, which is 6 months from the date of entry into force of the court decision.

A cassation appeal is filed directly with the cassation court.

The cassation appeal must contain:

name of the court to which the complaint is filed,
the name of the person who filed the complaint, his place of residence or location, his procedural position in the case,
the name of other persons participating in the case, their place of residence or location,
an indication of the courts considering the case at the first, appellate, cassation instances and the content of the decisions they made,
an indication of the court decisions that are being appealed,
an indication of what the violation of the law was, which influenced the outcome of the case, with justified arguments,
request of the person filing the complaint.

The cassation appeal is signed by the person filing the complaint or his representative (the powers of the representative must be confirmed by a power of attorney). Attached to the cassation appeal are: certified copies of court decisions adopted in the case, copies of the number of persons participating in the case, a document confirming payment of the state duty.

The period for consideration of a cassation appeal is no more than 1 month if the case has not been demanded, 2 months - if the case has been demanded (not counting the time from the day the case was demanded until the day it was received by the cassation court).

The period for consideration of a cassation appeal in the Supreme Court of the Russian Federation is no more than 3 months if the case has not been demanded, 2 months - if the case has been demanded. Taking into account the complexity of the case, the period for consideration of the complaint may be extended, but not more than 2 months.

It is important to understand that competent preparation and filing of cassation and appeal complaints is an essential point when appealing court decisions.

There are a lot of nuances that you should pay attention to when writing an appeal and cassation complaint.

The lawyers of our College will help you competently draw up a cassation or appeal and defend your rights in higher courts, including the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation and the courts of the constituent entities of the Russian Federation.

We have experience handling high-profile, complex and complicated cases.

After the cassation decision is made, you have the right to file a supervisory appeal in accordance with Art. 377 of the Code of Civil Procedure of the Russian Federation (or in accordance with Article 412.1 of the Code of Criminal Procedure of the Russian Federation in a criminal case). The supervisory court is the Presidium of the Supreme Court of the Russian Federation (Article 391.1 of the Code of Civil Procedure). The period for appealing court decisions in a supervisory manner is 3 months from the date the court decision enters into legal force.

Appeal against a district court decision: where to file

During a trial, it is not always the case that a judge makes a decision that would satisfy the parties to the dispute. If this happens, the citizen has the right to appeal. However, before you run to file a complaint, you need to familiarize yourself with the features of such a document. The court can simply reject it if the text simply does not comply with formalities. How to draw up this act correctly, where to file an appeal? We will answer all these questions in this article. Please read it carefully.

Information about the claim that contributed to the opening of the case. Complete information about the plaintiff and defendant, including residential addresses.
A court ruling that an interested party plans to challenge. Here it is necessary to briefly outline its essence in its entirety or in the part with which the applicant disagrees.
The application must be accompanied by documentation that describes the new circumstances of the case.
All documents must be sent to the district court where the case was heard.

USEFUL: in addition to the above, the legislation provides for some bonuses in the form of various benefits for paying government fees when filing a complaint about reviewing court decisions to a higher authority. Persons who have various benefits include pensioners and disabled people in certain cases. Certain categories of citizens of the Russian Federation may not pay the state fee, for example, participants in the Great Patriotic War, holders of orders of glory.

We should not forget that there are a number of certain circumstances for appealing the decision of the court of first instance and subsequent stages, which clearly entail the cancellation of the decision of the court of first instance. These circumstances are provided for in the articles of the Civil Procedure Code of the Russian Federation; their list is limited:

The beginning of the document consists of a brief description of the merits of the case, then lists the arguments that the judge did not take into account, and describes all the violations that, in the applicant’s opinion, were committed. The document ends with demands to change (soften, tighten) or cancel the decision.

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The judge alone reviews the petition and determines whether the circumstances that forced the party to miss the time to file an appeal fall under the category of “excusable”. If the party's arguments deserve attention, the district court restores the deadlines and sends all the materials of the case to the higher court.

document's name;
basic information about the addressee of the complaint and the applicant;
details of the protocol, resolution or court decision that is being appealed;
circumstances of the case;
grounds for filing a complaint;
requirements for the cancellation of a previously issued court order or decision;
list of documents confirming the applicant’s position;
date of registration of the complaint;
signature with transcript.

A very impressive period of six months is allotted for filing a cassation appeal. The document is sent either by registered mail, or delivered to the office in person or through an authorized representative. The consideration of a cassation appeal takes from one to three months. Representation services in court can be obtained from specialized companies.

Options for making a decision on a cassation appeal may have the following meanings: – the decision of the court of first or appellate instance may be left unchanged, and the complaint not satisfied; – the decision of the court of first instance or appellate instance can be canceled in whole or in part, and the case is sent for a new trial to the appropriate court.

The following decisions may be considered for considering a complaint: – the court may leave the decision of the court of first instance unchanged and the appeal without satisfaction; – the appellate authority can cancel or change the decision of the district court in whole or in a certain part, and make a new decision on the case; – the decision of the court of first instance may be canceled in whole or in part and the proceedings in the case are terminated or the application is left without consideration in whole or in part; – the complaint may be left without consideration on the merits if the document is filed after the expiration of the appeal period and the issue of restoring this period has not been resolved by the applicant.

It’s strange, but you wrote it after the first cassation. If the case is transferred to the presidium, the options for the ruling may be as follows. 1. Leave the decision of the court of first instance, appellate instance or cassation instance unchanged, cassation appeals, submissions without satisfaction. From this I understood that my cassation will be transferred to the Presidium of the Regional Court or is this not so? Thank you.

Hello. I had a trial in the magistrate's court, where I am the defendant, in a civil case. The court ruled in favor of the plaintiff. I wrote an appeal, where I indicated the article regarding the limitation period, and new circumstances appeared in my favor. The court left The decision of the magistrate was unchanged and did not take into account the article. Can I write a cassation appeal?

In all these cases, the appellate authority will consider the case anew - it will be possible to present new documents, ask for examinations, etc., as in the first instance. This is a very rare situation where the appellate authority may even order one or more new trials.

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You can also submit documents that were impossible to submit during the first review. For example, a participant in the case was unable to receive a document on time and asked in the petition to send a request for this document. If the judge made a decision without it, the document can be presented in the appeal.

What articles of the law govern it?

In civil proceedings, the terms of consideration are regulated by Art. 382 Code of Civil Procedure of the Russian Federation dated November 14, 2002 No. 138-FZ.

The procedure for consideration is established by Art. 386.

In administrative proceedings, the time frame for considering cassation complaints is regulated by Art. 322 CAS RF, procedure - Art. 327 CAS RF.

In arbitration proceedings, the terms and rules for filing, as well as considering a cassation appeal are established by Chapter 35 of the Arbitration Procedure Code of the Russian Federation, the procedure is regulated by Art. 284 of the Arbitration Procedure Code of the Russian Federation, consideration period - Art. 285.

In criminal proceedings, the period for consideration of cassation is established by Art. 401.9 Code of Criminal Procedure of the Russian Federation, procedure - Art. 401.13.

After a refusal to consider a cassation appeal, what is the next instance of appeal?

Civil cases are considered in the manner established by the Code of Civil Procedure of the Russian Federation. The complaint is filed with the court superior to the courts that made the original decision and the appeal ruling.

A cassation appeal against appellate rulings of district courts, orders of magistrates and decisions of district courts is filed with the Presidium of the Supreme Court of a constituent entity of the Russian Federation.
The Judicial Collegium for Civil Cases accepts cassation appeals against decisions and appeal rulings of the presidiums of the Supreme Court of the constituent entities of the Russian Federation.
A cassation appeal against the rulings of the Judicial Collegium is submitted to the Chairman of the Supreme Court of the Russian Federation.

The supervisory complaint must be signed by the person filing the complaint or his representative. The complaint filed by the representative shall be accompanied by a power of attorney or other document certifying the authority of the representative. The supervisory submission must be signed by the Prosecutor General of the Russian Federation or his deputy.

4. Copies of court decisions adopted in the case, certified by the relevant court, are attached to the supervisory complaint or presentation.

5. A supervisory complaint or presentation is submitted with copies, the number of which corresponds to the number of persons participating in the case.

6. The supervisory complaint must be accompanied by a document confirming the payment of the state duty in the cases, procedure and amount established by law, or the right to receive a benefit in the payment of the state duty, or a court ruling granting a deferment, an installment plan for its payment, or a reduction in the amount of the state duty.

After the cassation decision is made, you have the right to file a supervisory appeal in accordance with Art. 377 of the Code of Civil Procedure of the Russian Federation (or in accordance with Article 412.1 of the Code of Criminal Procedure of the Russian Federation in a criminal case). The supervisory court is the Presidium of the Supreme Court of the Russian Federation (Article 391.1 of the Code of Civil Procedure).

1) Return of the cassation appeal without consideration on the merits. Indicates that the complainant did something wrong. The most common mistakes are missing the deadline for appeal; the original or a notarized copy of the representative’s power of attorney is not attached, jurisdiction is violated (the complaint was filed in the wrong court). In this case, if the appeal deadline has not been missed, you simply need to file the complaint again, eliminating the violations.

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It should be taken into account that the decision to transfer the case for further consideration is made individually by the judge who received the document for consideration. He may transfer it for further consideration by the board or refuse to consider it at all. In this case, the norm of Part 3 of Art. 401.8 of the Code of Criminal Procedure of the Russian Federation provides for the right of the plaintiff to challenge such a decision. To make an appeal, you must contact the head of the Supreme Court or his deputy directly.

Cassation appeals and presentations are considered in the Supreme Court of the Russian Federation within a period not exceeding two months if the case has not been requested, and within a period not exceeding three months if the case has been requested, not counting the time from the day the case was requested until the day it was received by Supreme Court of the Russian Federation.

It is important that after filing papers to appeal the ruling, the judge will personally review the application and the grounds for filing it, and then decide whether to transfer the complaint for consideration or refuse to satisfy the application. It is interesting that in the process of studying the materials in the Supreme Court of the Russian Federation, it will not be able to impose a new punishment that would worsen the situation of the convicted person.

The ruling on the refusal to transfer the cassation appeal for consideration at the court hearing of the cassation instance in case 4G-1264/2019 dated September 02, 2021 was denied the transfer of the complaint for consideration in cassation (Appendix No. 3 - The ruling on the refusal to transfer the cassation appeal for consideration at the court hearing of the cassation instance in case 4G-1264/2019 dated September 02, 2021).

Despite this, such a determination must necessarily be attached to the cassation appeal to the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation (in the second cassation), but only as confirmation of what is provided for in paragraph 3 of part 2 of Art. 377 of the Code of Civil Procedure of the Russian Federation mandatory appeal to the first cassation of decisions of the courts of first and appellate instances.

Please note: in paragraph 8 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 11, 2012 No. 29 “On the application by courts of the norms of civil procedural legislation governing proceedings in the cassation court” it is clearly stated that the time for consideration of a cassation appeal is subject to exclusion when calculating the six-month procedural period term.

2. A significant violation of the rules of substantive law committed by the courts, which influenced the outcome of the case, also lies in the fact that the court of first instance referred to evidence that was missing from the case materials (List of objects of JSC "Name of the Company" approved, in the opinion of a representative of the Prosecutor's Office of the Central District of the city.

Novosibirsk, Ministry of Communications of Russia), which has not been studied. The appellate court rejected the corresponding argument of the applicant, pointing out (page 4) “The appellant’s argument that the case materials do not contain the List of objects of JSC “Name of the Company” subject to state protection, approved by the Ministry of Communications of Russia, has no legal significance, since the literal interpretation of the provision of the paragraph 21 of the List of objects subject to state protection, approved by the Decree of the Government of the Russian Federation of August 14.

name of the court to which the application is addressed;
information about the person filing the cassation and his procedural position;
names and addresses of persons related to the proceedings;
description of the appealed act issued by the court, information about arbitration awards, accompanying acts and documents that were adopted during the proceedings;
references to laws that provide grounds for appealing court decisions;
a summary outlining what the citizen is seeking by filing a complaint;
list of documents attached to the application for consideration of the complaint.

The procedure for registering and filing a cassation appeal

The complaint must be drafted correctly

The number of copies of the complaint document corresponds to the number of persons participating in the case under consideration (considered). This list includes:

defendant;
plaintiff;
judge;
third interested parties.

The cassation form is drawn up on a blank A4 paper sheet, typewritten or by hand. The “header” of the document indicates the name of the addressee - the cassation authority and personal information about the applicant (residence address, full name, case number, contact details).

Next, the title is indicated in the center - the words “cassation appeal” and the court decision being appealed. Below, the applicant freely describes the arguments on the basis of which he does not agree with the court decision and cites the following requirements.

It should be remembered that these requirements should not exceed the scope of the original claims or differ from them in any part, with the exception of the impossibility of providing them when considering the case in the court of first instance.

At the end, the applicant indicates a list of attached documents:

fiscal document confirming payment of state duty;
a copy of the decision of the court of first instance;
a copy of the appeal ruling, etc.

It is better not to attach documents that were not provided to the judges of the first instance, but to attach them to the case by filing a petition during the trial regarding the consideration of the cassation appeal. The applicant signs the text of the complaint and puts the date the document was drawn up.

As stated above, an appeal against the appeal ruling of a regional court is possible through the Presidium of Regional Courts or the Collegium for Civil Cases of the Armed Forces of the Russian Federation. The maximum period for filing a cassation is six months from the date of the court decision on the considered case and its entry into force.

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It should be remembered that a cassation appeal will be accepted for consideration only if the applicant has exhausted all other appeal possibilities, that is, has passed through all previous instances of filing complaints. If the applicant has not met the six-month deadline, he can be reinstated by filing a corresponding petition with the institution where the claim was considered. This institution decides to restore the period at its discretion.

Which courts deal with this?

The judicial authorities that consider cassation appeals include higher courts in relation to the judicial authorities that made the judgment and the appeal ruling. Cassation instances in civil or administrative proceedings are:

presidiums of the supreme courts of the territory, republic, district, region, etc.;
Judicial Collegium for Civil Cases of the Armed Forces of the Russian Federation.

In criminal proceedings:

Judicial Collegium of the Supreme Court of a constituent entity of the Russian Federation;
Judicial Collegium of the RF Armed Forces.

In arbitration proceedings, the case is heard in the Federal Arbitration Court of the District.

Cases of military personnel are considered by the Judicial Collegium for the Affairs of Military Personnel of the Armed Forces of the Russian Federation.

Where to write a complaint after a cassation appeal

In the previous article, I described that relatives cannot file a complaint in the interests of the convicted person, but only the convicted person and his defense lawyer. The convicted person can appeal the verdict in a supervisory procedure: the first complaint is filed with the presidium of the court of the subject of the Federation. In case of refusal, we file a claim or refusal to satisfy the complaint - this refusal is appealed to the chairman of the same court. If the chairman of the court agrees with the judge’s decision, supervisory complaints in the case are addressed to the Judicial Collegium for Criminal Cases of the Supreme Court and, in case of refusal, to the Chairman of the Supreme Court of the Russian Federation. It is necessary to participate in the court of cassation.

The parents of the convicted person and the spouse, provided that they know the facts of unlawful actions of the persons who carried out the criminal prosecution in this case and made procedural decisions, then you have the right to submit appropriate applications to the Investigative Committee under the Prosecutor's Office of the Russian Federation. Relatives do not have the right to file complaints in this case, unless they themselves are participants in the process. The court outside Russia, whose decisions are binding on the territory of the Russian Federation, is the European Court of Human Rights.

To which authority should a supervisory complaint be sent if all previously filed complaints were rejected?

If the prosecutor terminated the previously initiated proceedings and explained the right to appeal against them, then in this case the interested person has the right to file a complaint with the court, which is competent to decide the issue of reopening the proceedings. If the sentence was passed by a district court to the Presidium of the court of a constituent entity of the Federation; if it was considered by a court of a constituent entity of the Federation and passed a sentence with reclassification for a less serious crime to the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation. All previously filed supervisory complaints are not taken into account when appealing this prosecutor's decision.

Where to write a complaint after a cassation appeal can be discussed in the comments.

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Grounds for objection

1) the name of the court to which they are filed;

2) the name of the person filing the complaint or presentation, his place of residence or location and the procedural position in the case;

3) the names of other persons participating in the case, their place of residence or location;

4) an indication of the courts that considered the case at the first, appellate or cassation instance, and the content of the decisions they made;

5) an indication of the court decisions that are being appealed;

6) an indication of the grounds for reviewing the court decision in the manner of supervision, providing arguments indicating the existence of such grounds;

7) request of the person filing the complaint or presentation.

2. The supervisory complaint of a person who did not take part in the case must indicate what rights, freedoms or legitimate interests of this person were violated by a court decision that entered into legal force.

3. The supervisory complaint must be signed by the person filing the complaint or his representative. The complaint filed by the representative shall be accompanied by a power of attorney or other document certifying the authority of the representative. The supervisory submission must be signed by the Prosecutor General of the Russian Federation or his deputy.

Initially, the cassation appeal is examined by a single judge for compliance with the rules of law.

The complainant may be denied referral if the judge determines that there are no grounds for reviewing the decisions of the lower courts.

The refusal is motivated in writing by the judge in accordance with the law, but the complaint itself and the documents attached to it remain in the court of cassation. Refusal to submit for consideration is the most common decision of cassation courts.

In arbitration proceedings, it is possible to submit a response indicating objections to the arguments specified in the complaint. This right belongs to persons whose interests are affected by the text of the complaint.

In the review, you can present your own arguments that may influence the judicial decision of the cassation court.

An objection can only be filed before the start of the trial, and copies of the objection are also sent to the persons participating in the proceedings.

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Submission form:

by registered mail with notification;
in electronic form by filling out a form on the court’s website with the necessary documents attached.

There is no state fee for filing a response to a cassation appeal.

The usual time for consideration of a complaint in the court of cassation is 1 month in the presidiums of the Supreme Court of the constituent entities of the Russian Federation and 2 months in the collegiums of the Supreme Court of the Russian Federation, but at the request of the chairman of the court it can be increased.

In arbitration proceedings, the standard period for considering a cassation is 2 months from the date of application.

Sample objection to a cassation appeal against a court decision in a civil case.

Lost in the appellate court, where to go next?

We first lost in the 1st instance Magistrate's Court, then filed an appeal to the 2nd instance District Court, lost, where to go next?

Alexander, next is the cassation court.

Thanks for your work!

Now the cassation instance is in the regional court.

Thanks for the clear answer!

You should go further to the next court with a cassation appeal. If the appeal was considered in the regional court, then the cassation will be considered in the Presidium of the regional court.

Thanks for the clear answer!

Who to complain to and when?

Expert opinion

Kuzmin Vasily Stanislavovich

Lawyer with 6 years of experience. Specialization: criminal law. More than 3 years of experience in developing legal documentation.

Appeals against decisions of the Magistrates' Courts are filed with district courts; a complaint against a decision of a district court is subject to review by the Supreme Court, regional or regional court, etc.

Filing an appeal is possible within a month from the date of the decision of the court of first instance (Article 321 of the Code of Civil Procedure of the Russian Federation). The countdown starts from the date on the Decision form or on its last page. If it is not indicated, then the deadline for filing a complaint should be counted from the day when its operative part was announced.

A complaint is drawn up in a number of copies corresponding to the number of persons interested in the case. Simply put, you need to summarize the instance of the court, the applicant, the plaintiff, the defendant and third parties interested.

The name of the appellate court is indicated in the upper right part of the complaint itself. It would be useful to indicate through which court the complaint is being filed. Data about the appellant is also written down here - full name or name of organization, address, and then case number. In the center, as a heading, is written the name of the complaint and the court decision subject to appeal. Further, the text indicates the applicant’s reasons for which he considers the court’s decision to be incorrect, and the requirements arising from this. The wording of the latter often repeats the claims. It is important to note that they are not subject to increase or change. A reference to new evidence not previously presented is allowed only if, for objective reasons, it could not be presented to the court of first instance (Part 2 of the Federal Law of 09.12.2010 N 353).

The final part of the complaint indicates the documents attached to it, which include, for example, a receipt for payment of the state fee. We advise you not to attach documents to the appeal that were not submitted to the court of first instance. It is better to ask the court to take into account the new circumstances of the case by filing an appropriate petition already during the appeal process.

At the end of the document, the signature of the appellant or his representative and the date of the complaint are placed. In the case when it is submitted through a proxy, it is necessary to attach a document confirming the authority of the representative.

The complaint is always filed with the office of the court that made the decision being appealed (Part 1 of Article 321 of the Code of Civil Procedure of the Russian Federation). A common mistake is to send it directly to the appellate authority. This complicates the review process, since along with the complaint, all materials on the case stored in the court of first instance must be sent to a higher judicial authority. However, even if you file a complaint directly with the appellate court, no one has the right to refuse the applicant. This norm is clearly stated in paragraph 5 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 19, 2012 No. 13. In such circumstances, the appellate court, acting on the basis of Article 321 of the Code of Civil Procedure of the Russian Federation, prepares a covering letter and, attaching a complaint from the applicant, sends a package of these documents to the court that made the decision. The latter is obliged:

1. Notify all persons involved in the case about the received complaint by sending them copies of documents.

2. Accept their objections, if any.

3. Wait until the appeal expires and send all documents, including objections, to the appellate court.

Reasons for the court's inaction

In some cases, an appeal against a court decision may be left without progress or even returned to the appellant. This is regulated by Article 323 of the Code of Civil Procedure of the Russian Federation.

• If its content does not meet the requirements of the rules for submission and formatting.

• If the fact of payment of the state fee is not confirmed.

• If the period for appealing the verdict has expired and a petition for its extension has not been attached for objective reasons.

The appellate court gives time for the appellant to correct the mistakes made. If this does not happen, the complaint is returned to the applicant.

In accordance with Article 326 of the Code of Civil Procedure of the Russian Federation, the person who filed the complaint can withdraw it himself before the court retires to the deliberation room. Also, the plaintiff and defendant can come to an amicable agreement. In this case, the appeal is also subject to withdrawal.

Unfortunately, an appeal is not a panacea for all problems. If in the first court instance you acted unpreparedly, unprofessionally, did not demand the appointment of examinations and other measures in a timely manner, it is unlikely that you will be able to get the case reviewed in your favor by the appellate court.

Very often, even after the appeal stage, the losing party remains dissatisfied - the outcome of the case does not change for it. This happens because, in practice, the appellate authority in most cases duplicates the initial decision in the case, making an appellate determination. An option to try to achieve your goal is to file a cassation appeal.

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Features of the cassation work

The cassation instance checks whether the court documents that have entered into force are justified and comply with the law. Compared to the appellate body, it has more powers. For example, it can re-refer the case to the court of first instance, obliging it to re-conduct hearings. On the other hand, the actions of the cassation court are limited in terms of overturning decisions of lower courts. They can be canceled only in case of gross violations of the law that lead to an unfair decision. In practical terms, this means that, for example, even if the court did not make its decision in the deliberation room, or it was signed by the wrong judge, this will not lead to the cancellation of the decision. In addition, the cassation office does not re-evaluate the evidence in the case (when it is contradictory and the most preferable must be chosen). In other words, the cassation instance deals more with issues of the legality of decisions made, that is, issues of norms and law. If the decision of the first court is essentially correct, the process itself that led to it is not examined.

Cassation instances and deadlines for applying to them

The Russian judicial system has two cassation instances:

• Presidium of regional courts

• Collegium for Civil Cases of the Supreme Court of the Russian Federation

The complaint is filed immediately with the regional court. But subsequently, a second cassation, by law, can overturn his decision. An important condition for filing a complaint is that it is sent directly to the cassation division, and not through the court that made the initial decision (Article 377 of the Code of Civil Procedure of the Russian Federation)!

According to Article 376 of the Code of Civil Procedure of the Russian Federation, a cassation appeal can be filed within six months from the date the court decision enters into force, but only if the party filing the complaint has exhausted other ways to appeal the verdict.

Registration according to the rules

The required information set forth in this complaint, similar to a claim and an appeal, also includes:

1. Name of the court to which the complaint is filed.

2. Full name or name of the applicant organization, address.

3. A reference to the court decision subject to appeal, the grounds and evidence of its injustice, demands for its review and cancellation.

4. List of attached evidence.

5. Signature of the applicant or authorized person, date of preparation of the document.

Documents that must be attached to the cassation appeal:

• Additional copies of the cassation appeal according to the number of persons participating in the case.

• A copy of the decision of the court of first instance.

• A copy of the decision of the appellate authority.

• Receipt for payment of state duty.

• Original power of attorney if the complaint is filed by an authorized person.

• Other important documents from the case materials in proper form - certified by the judge’s signature, stitched, numbered, stamped.

The judge considers the complaint individually based on the materials set out in the text of the application. If the need arises, he will make a request for additional case materials to a specific court of general jurisdiction. The result of the consideration is the transfer of the case to the Presidium of the court or a reasoned refusal to consider it (Article 381 of the Code of Civil Procedure). The first option is a great success, since this happens infrequently, and if it does happen, the complaint is usually satisfied.

If consideration of the cassation appeal is refused, then the reasons for this may be:

o Inconsistency of the content with the requirements of the rules of submission and formatting.

o Lack of confirmation of payment of state duty.

o Expiration of the period for appealing the verdict and the absence of a petition for its extension.

As in the case of an appeal, the applicant is given the opportunity to correct the problems described above. If the errors are corrected, the cassation appeal will be considered. If not, then it is returned as a refusal to the applicant and this cassation decision can no longer be reversed.

The applicant himself has the right to withdraw the cassation appeal filed by him by submitting a corresponding petition in writing before the adoption of a court decision. If the plaintiff and defendant managed to reach a settlement after accepting the cassation appeal, its consideration can also be canceled.

Having decided to contact the cassation division of the judicial system of the Russian Federation, it is worth remembering that cassation is an additional authority, therefore it practically chooses cases for consideration at its own discretion. Statistics say that out of hundreds of complaints received there, only 2-3 are considered.

In addition, the low efficiency of the cassation court is also due to the fact that it openly avoids considering complaints during the court hearing. On the one hand, this does not delay the case, on the other hand, there is a risk that, having studied the case materials on paper, the cassation office will simply stamp the determination of the lower courts.

The third and final opportunity to appeal a court decision is a review of court decisions by way of supervisory review or filing a supervisory appeal.

The receiving authority and its requirements

The supervisory appeal is filed directly with the Supreme Court of the Russian Federation (Article 391.1 of the Code of Civil Procedure of the Russian Federation) no later than 3 months from the date the last act in the case comes into force (Article 391.2 of the Code of Civil Procedure of the Russian Federation). An appeal after the end of this period entails refusal to accept the complaint.

This complaint does not require any special formatting: the same information is indicated as in the case of an appeal or cassation complaint. Only decisions and determinations made by all authorities to which the applicant previously applied are added to the text of the application. In fact, a supervisory complaint reflects the entire process of appealing a verdict, all its previous steps. Plus, copies of the appeal and cassation rulings are added as an appendix.

Filing a supervisory complaint does not automatically entail a review of the case. It may also be refused for consideration for the same reasons as in the case of the first two stages of appeal.

Anyone who has reached the stage of supervisory authorities can well count on success. In the process of supervision, a wider range of court decisions will be subject to verification than during cassation, because the function of the supervisory court is to revise the decisions of previous courts.

Sometimes it seems that complaints will not help the case, and our judicial system can lead to despair. But if you are confident that you are right, and the court of first instance does not share this opinion, proceed further. Very often, it is at the stage of checking the correctness of the Decision by supervisory authorities that patient applicants achieve the long-awaited result.

After the cassation appeal, what is the next court?

The supervisory appeal is sent by the applicant to the Supreme Court of the Russian Federation. The complaint shall indicate the last names, first names, patronymics, and home addresses of all persons involved in the case. The supervisory appeal lists all court decisions made at the first, appellate and cassation instances.

After receiving a cassation appeal, it is initially examined by a single judge for its compliance with legislative and procedural norms. In this case, the judge can make the following decisions:

refusal to submit a complaint for consideration;
leaving the complaint without action;
return of complaint;
transfer of the complaint for consideration to the cassation court.

After writing appeals and refusal, where to go next?

After cassation - supervision. Those. supervisory complaint to the Judicial Collegium of the RF Armed Forces.

The supervisory complaint is filed in accordance with Art.

391.3 Code of Civil Procedure: 1.

A supervisory complaint or presentation must contain: 1) the name of the court to which they are filed; 2) the name of the person filing the complaint or presentation, his place of residence or location and the procedural position in the case; 3) the names of other persons participating in the case, their place of residence or location; 4) an indication of the courts that considered the case at the first, appellate or cassation instance, and the content of the decisions they made; 5) an indication of the court decisions that are being appealed; 6) an indication of the grounds for reviewing the court decision in the manner of supervision, providing arguments indicating the existence of such grounds; 7) request of the person filing the complaint or presentation. 2.

Appeal: features of drafting and filing

An appeal is a special document that is submitted to arbitration if the decision of the first instance court does not satisfy the plaintiff or defendant.

There are certain rules and conditions for this procedure.

In principle, you can use the sample provided to you by your lawyer.

Complaints to appeal and cassation: 25 dangerous mistakes

Rule of law: part 2 of article 259 of the Arbitration Procedure Code of the Russian Federation. Consequences of the violation: the appeal will be returned to the submitter (clause 3, part 1, article 264 of the Arbitration Procedure Code of the Russian Federation). Mistake #2.

Indication of disrespectful reasons in a petition to restore the period for appeal Rules of law: part 1 of article 159, article 117, part 2 of article 259 of the Arbitration Procedure Code of the Russian Federation.

Consequences of the violation: the court will refuse to restore the missed deadline for filing an appeal and return it to the applicant (part 5 of article 117, clause 3 of part 1 of article 264 of the Arbitration Procedure Code of the Russian Federation). Rule of law: part 2 of article 259 of the Arbitration Procedure Code of the Russian Federation.

The concept and procedure for filing a cassation appeal under the Civil Procedure Code

Once a complaint is received, it is reviewed by a judge to ensure compliance with procedural and legislative standards.

If a decision is made to transfer the complaint for consideration, the judge prepares a report on the received complaint.

The trial consists of three stages:

preparatory, indicating the circumstances of the proceedings;
consideration of materials, during which the judge makes a report citing the arguments of the complaint and the circumstances of the case;
making a ruling by a judicial panel.

Persons whose interests are affected by the complaint are invited to the court hearing, and their absence is not grounds for postponing the hearing.

During the consideration of the complaint, they can give explanations on the circumstances of the case, with the person who filed the complaint being the first to give explanations. After consideration, the judicial panel issues a ruling or resolution, and the panel has the right to:

satisfy the complaint;
refuse satisfaction;
remand the case for a new trial.

Limits

Cassation proceedings determine the compliance of court decisions made by courts of first instance and courts of appeal with the norms of procedural and substantive law within the limits of the arguments set out in the text of the cassation appeal or presentation itself.

According to the resolution of the Plenum of the Supreme Court, in the interests of legality, the cassation court may go beyond the arguments specified in the complaint if, during the consideration, the court has doubts about the compliance of the decision made with the norms of procedural and substantive law.

Appealing a court decision: instances and deadlines

leave the decision of the court of the first, appellate or cassation instance unchanged, the cassation appeal, presentation without satisfaction;
cancel the decision of the court of first, appellate or cassation instance in whole or in part and send the case for a new trial to the appropriate court. When sending a case for a new trial, the court may indicate the need to consider the case before a different composition of judges;
cancel the decision of the court of first, appellate or cassation instance in whole or in part and leave the application without consideration or terminate the proceedings;
leave in force one of the court decisions taken in the case;
cancel or change the decision of the court of the first, appellate or cassation instance and adopt a new court decision, without transferring the case for a new trial, if an error was made in the application and (or) interpretation of substantive law;
leave a cassation appeal or presentation without consideration on the merits if there are grounds provided for in Article 379.1 of the Code of Civil Procedure of the Russian Federation.

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Left motionless: what next?

The judge may make a ruling to leave the complaint without progress if the text of the complaint does not comply with legal standards or the necessary documents attached to the complaint are missing (receipt for payment of state fees, copies of court documents, copies of the complaint according to the number of participants in the trial, etc.).

In this case, the judge makes a decision to leave the complaint without progress and assigns a specific time period for correcting the deficiencies.

The submitter can bring the text of the complaint into compliance with the law and, having corrected the shortcomings, send the complaint again.

If the submitter does not correct the defects within the specified period, a decision is made to return the complaint to the person who submitted it.

Is it possible to appeal a return?

The judge may return a cassation appeal in the following cases:

the complaint was filed in violation of the jurisdiction or priority of the courts;
the complaint was filed by a person who does not have the right to appeal to the cassation court;
failure to comply with the judge’s instructions if the complaint is left without progress;
the applicant's request for its return;
submission deadline missed.

The decision to return the complaint is made within 10 days from the date of receipt by the court. The ruling to return the complaint can be appealed within 10 days from the date of return in the same court.

At the same time, the return of the complaint does not restrict the complainant from filing a new complaint to the same judicial body. In such a situation, the applicant has an alternative: filing a new cassation appeal or filing a complaint against the return order.

The grounds for return may be removable or irremovable. For example, if the filing deadline is missed, the filer may appeal the return while simultaneously applying for an extension of the deadline. If satisfied, the complaint may be accepted for consideration.

How to appeal a decision to refuse transfer? If the judge makes a decision to refuse the transfer, the applicant can appeal the decision in a higher court, that is, a second cassation appeal will be filed.

At the same time, in a higher court you can appeal both the ruling of the cassation court and the decisions of lower courts. A cassation appeal against the transfer ruling is filed:

to the relevant board of the RF Armed Forces;
To the Chairman of the RF Supreme Court, if there was a refusal to transfer the case by the judicial panel of the RF Supreme Court.

The exception is when a complaint is filed against an order of a magistrate. In such a situation, it will not be possible to appeal the refusal to transfer, and the applicant has the last resort - filing a supervisory complaint addressed to the Chairman of the Supreme Court.

Complaint against refusal to transfer a cassation appeal for consideration - sample document.

How to find out the solution?

The submitter of the cassation appeal, as well as persons whose interests are affected by the complaint, are notified of the decision made by written notice.

If a complaint is considered, persons are invited to the meeting, and can familiarize themselves with the ruling made in person during its announcement. You can also find out the court's decision by contacting its office.

The applicant is notified in writing of the refusal to consider or abandonment of the application.

How and where to file a cassation appeal

Further, in accordance with paragraphs. 3 p. 2 art. 377 of the Code of Civil Procedure of the Russian Federation, a cassation appeal can be filed with the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation. Thus, a cassation appeal is filed with the Supreme Court against a decision of the presidium of a court of a constituent entity of the Russian Federation (i.e., a decision adopted in cassation proceedings), or against decisions (decision and appeal ruling) of the courts of first and second instance, if they have been appealed in cassation proceedings to the presidium of the court of a constituent entity of the Russian Federation.

Cassation appeal in a new way

Deadline for cassation appeal

The six-month period for filing a cassation appeal is divided into two periods of three months each. The first period, consisting of three months, is allocated for filing the first cassation appeal. After consideration of the first cassation appeal, a second three-month period begins from the date of the ruling by the cassation court of general jurisdiction for filing a second cassation appeal.

One good thing is that you no longer have to wait for the appellate authority to reconsider and deign to return the case to the court of first instance. In which, in turn, we had to receive certified copies of the decision of the first instance court and the appeal ruling before filing a cassation appeal. Without these copies, the cassation appeal was doomed to be returned. From October 1, 2021, these copies no longer need to be attached to the cassation appeal, which is filed first. It is still necessary to attach certified copies of all decisions in the case to the cassation appeal to the Supreme Court of the Russian Federation (second cassation appeal) (Part 4 of Article 390.5 of the Code of Civil Procedure of the Russian Federation).

Where to file your first cassation appeal

Expert opinion

Kuzmin Vasily Stanislavovich

Lawyer with 6 years of experience. Specialization: criminal law. More than 3 years of experience in developing legal documentation.

Until October 1, 2021, the cassation appeal was filed with the presidium of the regional court. I mean the first cassation appeal. The second cassation appeal was filed with the Supreme Court of the Russian Federation.

As of October 1, 2021, the situation has changed. Now the cassation appeal is filed with the court of first instance. In this case, a cassation appeal can be filed electronically, through the GAS Justice system.

And the court of first instance is now obliged to forward your cassation appeal to the court of cassation. Moreover, he must do this within three days from the date of receipt of your complaint by the court of first instance (Part 1 of Article 377 of the Code of Civil Procedure of the Russian Federation)

This is a very important point. If you forget to attach even one piece of paper, the cassation appeal will be left without movement. This is also an innovation. Previously, a cassation appeal was simply returned without further discussion if you forgot to attach at least one piece of paper or filed the complaint itself incorrectly. One attorney assistant I know told me that his cassation appeal was returned only because some phrases in his complaint were underlined.

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Where to file a second cassation appeal

By virtue of Part 1 of Art. 390.4 of the Code of Civil Procedure of the Russian Federation, a cassation appeal is filed directly with the judicial panel of the Supreme Court of the Russian Federation.

Leaving the cassation appeal without progress

Now, finally, they do not have the right to return the complaint immediately. First, a deadline will be set for eliminating the deficiencies. That is, they will leave the cassation appeal without movement. And you will have time to send the missing document to the court.

But now, in fact, only a document confirming payment of the state duty is attached. Please note - not a receipt, as indicated earlier, but a document. It is not yet clear whether the original receipt will be required as before, or whether a copy from the client bank can be attached. I myself sent a new cassation appeal today (10/05/19) electronically and attached a screenshot of a check from the client bank. In theory, since it is now possible to file a cassation appeal electronically, this means that the receipt for payment of state fees can also be submitted electronically. Although. Let's not forget what country we live in.

The period given to the judge to accept or leave a cassation appeal without movement/return is five days. And this cannot but rejoice. A ruling is issued on the acceptance of the cassation appeal for proceedings, a copy of which is sent to you no later than the next day.

If the cassation appeal is left without progress, then you can fulfill the requirements required by the court or file a complaint. It is interesting that the complaint was also submitted to the court of cassation, which left the cassation complaint without movement.

The complaint can be filed within a month and must be considered within ten days by a collegial panel of judges.

Time limit for consideration of a cassation appeal

Not surprisingly, the deadline for considering a cassation appeal was left the same, that is, two months.

Finally, they removed this intermediate stage, when one judge simply returned your cassation appeal with a ruling, indicating that the decision of the trial court and the appeal ruling correspond to the law, and your complaint does not contain significant arguments for cancellation. Now they are obliged to hold court hearings to consider your cassation appeal and you can attend them.

How should a cassation appeal be considered?

Three judges are now required to consider a cassation appeal, rather than one. The exception is the appeal of decisions of magistrates and rulings of district courts, cassation appeals for which are considered by one judge without a court hearing.

You can participate via the Internet. Appearance in court is not required.

The reporting judge is required to read your cassation appeal and report the case. If you appear at the court hearing, you have the right to give explanations.

Expert opinion

Kuzmin Vasily Stanislavovich

Lawyer with 6 years of experience. Specialization: criminal law. More than 3 years of experience in developing legal documentation.

PS Well, it is. The other day, my cassation appeal, filed through the world court, was generally returned, having written in the covering letter that it was filed in error.

When I personally brought the cassation appeal to the assistant magistrate and enlightened him about the innovations, he accepted the complaint, but said that although the cassation appeal can now be filed electronically, the state fee still needs to be on paper.

I tell him that by virtue of Part 8 of Art. 378 of the Code of Civil Procedure of the Russian Federation, applications can also be submitted by email. form. And do you know what he answered me? That the state duty is not an application. That's it guys. Good luck with filing your appeal.