The powers of the cassation instance in the arbitration process are the rights that the judicial board has for considering complaints and making decisions on them. Cassation proceedings have their own characteristics. In particular, there are two stages of the proceedings.
Cassation Review Scheme
Today, the powers of the cassation instance in the arbitration process are exercised by a number of courts. The first level is the district courts, they follow the courts of appeal in the hierarchy, and each serves several regions at the same time.
The second level is the Supreme Court's panel on economic disputes. Their powers, despite the generality of the process, are somewhat different.
District Courts
All the rights that the participants in the trial possess are ensured through the use of the powers of the cassation instance in the arbitration process directly by the judges.
The competence of the court includes the following issues:
- study of the readiness of the complaint for consideration;
- taking measures to eliminate deficiencies;
- organization of production;
- examination of the complaint on the merits;
- decision making.
Below we consider the implementation of the listed powers of the arbitral tribunal.
Examining a Complaint
The authority of the cassation instance in the arbitration process does not include the rejection of the merits of the complaint without consideration by the panel. The judge of the district court verifies the compliance of the document with the formal requirements. Is the deadline for filing a complaint? If any of the requirements regarding execution or deadlines are not met, the papers remain motionless.
The judge provides time to correct the mistakes made by the party in the case. The judge’s ruling provides an exhaustive list of shortcomings in the application and the documents attached to it. For example, one of the items indicated in the agro-industrial complex is missing, there is no receipt for payment of the duty, or copies of the attached documents are not authenticated properly. There are many variations. At the discretion of the court, time is given, there is no specificity in the law on this score.
For a number of reasons, the court has the right to return the complaint with all the documents to the applicant. Having corrected the errors, he has the right to re-submit the application. At the same time, the right is given to challenge the return of the application.
If the complaint is ready
The judge, having received the application and finding it ready, appoints the case for trial and sends the decision to the trial participants indicating the time and place of the hearing.
The court also has the right to suspend the execution of a judicial act at the request of the defendant or a third party. The applicant is required to deposit in the court a sum that compensates for losses if the decision is upheld and execution becomes impossible.
Consideration Features
The procedure is a study of the parties' submissions and evidence. Moreover, it is forbidden to overestimate the facts established by the courts of the first and appeal instances. Cassation Feature:
- ascertaining whether there were no errors in applying the procedural and substantive rules, the rights of the cassation instance of the arbitration court were seriously narrowed;
- an interpretation of the norms is given, which is mandatory for their new trial;
- it is impossible to prejudge the assessment of facts and evidence and indicate which norms to apply in a new examination.
Review Results
The rights of the cassation instance under the agro-industrial complex of the Russian Federation when making decisions are as follows:
- previous acts shall be left unchanged;
- to cancel one of the decisions or both judicial acts or change one of them in part due to improper application of the rules with full clarification of all circumstances of the case;
- cancel the previously adopted acts in whole or in part and send the case for review if the conclusions regarding the application of the norms do not correspond to the actual conclusions of the court;
- reverse the decisions in full or in part and refer them to a new court of first instance or appeal within the district if the case is reviewed for the second time and the court’s conclusions do not correspond to the facts revealed and the evidence gathered;
- cancel the decision of the appeal or the first two acts in the case, then leave the application without consideration (for example, non-compliance with the pre-trial procedure for resolving the dispute has been revealed);
- stop production with the cancellation of all decisions.
Complaints about orders
If the participant in the trial did not have time to file an application to cancel the court order, he is left to write a cassation appeal to the district court. Here, the rights of the cassation instance when considering the cassation appeal are somewhat wider:
- the judge has the right to refuse to refer the case to the board;
- with a positive decision, it is transferred to the board, where the judges decide on the complaint only on the basis of written materials and do not call.
Reason for cancellation: substantial violations of the rule of law. Judges have the right to make the following decisions:
- leave the order in force;
- change it;
- to cancel completely, indicating that the plaintiff has the right to file a lawsuit in the future.
Features of the revision in the RF Armed Forces
The rights of the court of cassation in the case of the Supreme Court are as follows:
- he has the right to directly accept complaints for consideration, and not forward the complaint to a lower court, so that he adds it to the case and sends it with all the materials;
- the judge to whom the complaint was submitted has the right to restore the deadline for filing it; the Chairperson has the right to disagree with the complaint of the interested party;
- the judge to whom the complaint was handed down decides to refuse the materials to the judicial board;
- the refusal to transfer the case to the panel is allowed to appeal to the President of the court;
- the case is examined without participants in the process, if they received a message about the meeting.
Review Results:
- all acts adopted remain valid;
- previously adopted acts are canceled in part or in full and the case is sent to one of the lower instances;
- all decisions taken are canceled, and the application remains without consideration (the parties return to their original position);
- one or all of the decisions made is canceled and a new one is adopted, if a defect is in the incorrect application of the rule of law.
Restrictions have been introduced on the reassessment of the facts of the case or evidence collected earlier. Interpretation of the rules for a lower court when a case is returned to a new trial is mandatory.
The powers of the cassation instance in civil proceedings
The review system is also built in 2 stages:
- presidiums of courts of a subject level;
- Board of the Armed Forces of the Russian Federation on civil matters.
In both cases, the right of judges not to transfer the case to the board is provided.
If the deadline for filing a complaint to the subject court is missed, it is restored by the trial court.
A judge of the Supreme Court has the right to resolve this issue independently when examining a cassation appeal.
The order of consideration resembles the rules in force in the court of first instance.
The powers of the cassation instance in the civil process under the new Code of Civil Procedure are as follows:
- all decisions remain valid;
- acts are canceled in full or in part, the case is returned for a new trial;
- decisions are canceled in part or in full, proceedings are terminated or the lawsuit is left without consideration;
- one of the previously adopted acts remains in force;
- all or one of the decisions is canceled and a new one is adopted, if the reason is only in the incorrect application of the rules.
The court does not have the right to evaluate evidence, the correctness of the establishment of facts in the case. At the same time, it is permitted to give a compulsory interpretation of the rules of law to a lower court.