The legislation fixes the list of requirements that the content of the cassation appeal / submission must comply with. In case of non-compliance with the requirements, applications are returned without consideration.
Cassation appeal: GIC
The Code establishes a list of mandatory information that must be present in the application. They are defined in the first part of Art. 378 Code of Civil Procedure of the Russian Federation. These include:
- The name of the authority where the application is directed.
- The name (full name) of the subject issuing the document, its location (residence). Its procedural status is also indicated.
- Information about other persons participating in the proceedings.
- An indication of the court that considered the case in the first, as well as on appeal, cassation instances, as well as the content of the decisions.
- Information about the rulings that are disputed.
- An indication of previous procedural / material violations that had an impact on the outcome of the proceedings. Confirming arguments are also provided here.
- Request from the person making the application.
additional information
According to Art. 378 Code of Civil Procedure of the Russian Federation , in a statement of a subject that did not participate in the proceedings, it should indicate what its legitimate interests / rights were violated by the decision. In this case, the decision shall enter into force. If the complaint was previously filed with the cassation instance, the new application should indicate the decision taken on it.
Special requirements
The application must contain the signature of the person contesting the decision or his representative. In the latter case, a power of attorney or other paper confirming the relevant authority is attached to the complaint. Along with the application, copies of the decisions, certified by the relevant authority, and the receipt of the payment of the fee, are also sent to the court. If the subject is entitled to a benefit or a deferral / installment plan is granted, a paper attesting to this is attached to the complaint.
Comments
In the first part of the considered norm, an exhaustive list of requirements is established, which the cassation appeal must comply with . GPC , setting them, thus provides the opportunity for a comprehensive review of the application by the authorized authority. The presence in the document of the information provided for in paragraphs 1-5 of the first part of the norm allows us to establish the right of the relevant entities to appeal to the appropriate court, the competence of the court to consider the request, etc.
Nuances
Established by Art. 378 of the Code of Civil Procedure of the Russian Federation, the requirement to include in the application an indication of specific violations of material or procedural rules, with arguments being provided, is that a change in the decision of the case is possible only if circumstances that significantly affect the decision are identified, without which the goal of justice will not be achieved. The request of the subject must comply with the authority of the authority. It should be reduced to a change (partial or complete) or the cancellation of the contested decision, the adoption of a new act or the maintenance of one of the decisions made.
Subjects not involved in the proceedings
As art. 378 Code of Civil Procedure of the Russian Federation , such entities, by submitting an application challenging the decision, describe violations of interests and rights by an effective decision. This is subject to the provisions of Article 376 of the Code. According to the first part of this rule, entities that did not participate in the proceedings have the right to appeal to the cassation instance only when the decision made affects their interests.
Information on the adopted resolutions
If the decision was previously appealed to the cassation instance, the applicant must indicate the information on the decision made on it. In case of non-compliance with this requirement, the request will be returned without consideration. A cassation appeal against an appellate ruling made by the Supreme Court of a republic, region, territory or other region, as well as a decision made by a district court in the first instance and having entered into force, shall be forwarded to the Collegium of the Supreme Court if they have been challenged by the presidium of the relevant body (regional or district) .
State duty
Before filing a cassation appeal , the entity must make a mandatory payment. Issues related to the payment of duties are regulated by Ch. 23.5 Tax Code. According to Art. 333.18 (paragraph 1, subparagraph 1) of the Code, when applying to judicial authorities of general jurisdiction, entities make a mandatory payment before filing a complaint. The amount of the duty in civil matters is determined in accordance with the provisions of Art. 333.19 Tax Code. Article 333.20 of the Code allows for a reduction in the amount of payment, taking into account the property status of the person, or for deferral / installment payment in the manner prescribed by Art. 333.41.
Deadline for submission of a cassation appeal in a civil case
Subjects can challenge the court ruling within six months. However, in practice there are situations when the deadline for filing a cassation appeal in a civil case is missed. If the reasons were valid, then the person concerned can restore the missed period. To do this, write a statement. It is submitted together with the cassation appeal. It is necessary to summarize the reasons for the omission. Documents confirming their respectfulness must be attached without fail. Significant circumstances that may interfere with timely filing of a complaint include a serious illness, natural disaster, etc. The decision to restore the period remains at the discretion of the court. If the reasons are considered valid, the complaint will be considered.
Conclusion
It should be remembered that the number of copies of the complaint should be equal to the number of subjects involved in the proceedings. If these persons do not have any documents that the interested person gives as arguments, they also need to be copied and sent to the court. This requirement is mandatory for compliance, otherwise the complaint will remain without movement. The applicant will be sent a determination indicating the violation and the period of its elimination.