Cassation proceedings are a significant part of the litigation. In accordance with the legislation of Russia, it can be carried out by courts of general jurisdiction, arbitration. Moreover, the procedure for cassation proceedings has nuances depending on the specifics of the activities of specific judicial institutions. What are the features of the tasks they solve? Which judicial institutions play a major role in cassation proceedings?
What is the essence of cassation proceedings?
First of all, let us examine the nature of terms related to the procedures in question. The main function in this case is performed by the court of cassation - an institution that carries out its activities in the framework of the relevant type of proceedings. In Russian law, it involves the parties to a case to a court of third instance - after the institutions that examined the case on the merits, as well as the court of appeal. What is the purpose of this appeal?
The Court of Cassation considers various complaints and submissions regarding decisions of other judicial institutions that have entered into force. In order to initiate a cassation proceeding, the party to the case must file a corresponding complaint directly with the cassation court. This needs to be done within 6 months after the entry into force of the decision, which is appealed in the framework of the mechanism in question.
The decision of the court of cassation may consist in canceling the judicial act of the first or second instance if violations of the rules of law that affect the outcome of the consideration of the case are clarified, the elimination of which cannot be carried out restoration, as well as protection of violated rights, freedoms and interests of citizens.
Cassation proceedings in courts of general jurisdiction
Consider the main nuances that characterize the cassation proceedings in courts of general jurisdiction, from the point of view of legislative regulation of this procedure.
First of all, it should be noted that the main functions here in accordance with the legislation of the Russian Federation are performed by the Supreme Courts of the subject of the federation. In this case, the bulk of the work in this case is carried out by the Presidiums. The Supreme Court of Cassation may, with the direct role of these structures, consider cases on the basis of cassation appeals under acts of district institutions, as well as justices of the peace.
In turn, within the framework of the corresponding sphere of production, a significant amount of tasks can be solved by judicial boards. What are their specifics?
In accordance with the legislation of the Russian Federation, the cassation board of the Supreme Court of a constituent entity of the Federation considers cases on the basis of complaints, as well as representations of the interim acts of the Armed Forces in criminal proceedings.
Cassation proceedings in arbitration: legislative regulation
In turn, it will be useful to study how the legislation of the Russian Federation regulates cassation proceedings in arbitrations - institutions that consider economic disputes. The main functions are performed by the arbitration courts of the districts. They are endowed with the necessary powers for the implementation of the cassation proceedings. So, these courts decide the legality of the acts of arbitration of the first instance that have entered into force, as well as the appeals institutions. In some cases, the legislation of the Russian Federation allows them to consider a particular court order as well as a cassation instance. The corresponding type of production is initiated on the basis of special complaints - we will examine their essence a bit later.
In cassation institutions in the arbitration court system, special colleges may also be formed. They are approved by the presidiums of the courts directly on the proposal of the chairman. The main task of these collegiums is to verify the legality of acts that have entered into force in disputes that are considered by the arbitrations at the level of the first and second instance. They also summarize documents on judicial practice, develop various proposals for amending the legal framework.
An important role in the cassation arbitration system is played by the Intellectual Property Rights Court. It is a specialized institution that simultaneously performs the functions of both the first and the cassation instances when considering disputes related to the enforcement of intellectual property rights.
Let us consider in more detail the specifics of the work of the cassation arbitration courts - those that are competent in the settlement of disputes between various business entities.
Cassation Arbitration: Court Powers
To begin with, we will examine what powers the arbitration courts of the Russian Federation have in the cassation instance. In accordance with the legislation of the Russian Federation, the relevant institutions are entitled to:
- leave the decisions of the courts, respectively, of the first and second instance unchanged, and, accordingly, the complaint of the party to the dispute - not satisfied;
- to cancel or amend the decisions and decisions of the courts, respectively, of the first and second instances in full, in part, and also to adopt new acts without referring the dispute to a new hearing if significant circumstances are established before that, while the necessary rule of law was not applied by previous vessels;
- cancel or amend the decisions and decisions of the courts, respectively, of the first and second instances in whole or in part, after which - send the cases for reconsideration to the previous court in the event that these institutions have violated the necessary procedural rules or if the conclusions are appealed in the court the decision does not correspond to the facts or evidence considered;
- cancel or amend those decisions and decisions that were adopted, respectively, by the court of first or second instance, and refer the disputes to other institutions located in the same district, if the judicial acts are again checked by the arbitration cassation instance, as well as the conclusions they do not correspond to the facts and evidence in the dispute;
- uphold decisions and decisions adopted at the first or second instance level, cancel decisions and decisions adopted at the first or second instance level, as well as terminate judicial proceedings or leave the lawsuit without consideration.
In turn, arbitration within the framework of cassation proceedings is not entitled to:
- establish or considered as proven those circumstances that were not established in the previous decision, ruling or were rejected by previous courts;
- make decisions on issues regarding the reliability of certain evidence, the priority of some over others, the applicability of substantive law, as well as the procedure for making decisions or decisions, which should be approved as part of a new consideration of the dispute.
Let us now examine in what order the parties to the dispute have the right to appeal to the arbitration court of cassation as part of the appeal of the decision or decision at the first or second instance level.
The right to appeal to the arbitration court of cassation
In accordance with the legislation of the Russian Federation, decisions of arbitrations that examined the dispute on the merits, which entered into force if such an act was considered by the appellate court or if the relevant court refused to restore the deadline for filing a complaint, as well as decisions of appeal institutions, can be appealed as part of the cassation proceedings.
In the case of decisions made by the Intellectual Property Rights Court - as an institution at the first instance level, they can also be challenged in the framework of the cassation proceedings.
Let us now examine how a complaint is drawn up in a court of cassation considering disputes between business entities.
Drawing up a cassation appeal
In accordance with the legislation of the Russian Federation, the complaint in question is drawn up and signed by the party to the dispute or by its authorized representative. Within the framework of the mechanisms established by law, this document can be submitted to the arbitration court of cassation through the Internet. The complaint in question records:
- name of the arbitration institution to which the document is sent;
- information about the party to the dispute that files the complaint, as well as about other persons who are involved in the dispute;
- the name of the arbitral institution that made the decision or ruling, which is appealed;
- information on relevant acts;
- the nature of the subject of the dispute;
- requirements of the party to the case;
- which lodges a complaint - regarding the legality of the appealed act, as well as the grounds on the basis of which the decision of the previous court is disputed;
- list of documents;
- attached to the complaint.
The source in question may include contact details of persons whose communication is necessary in order to resolve the dispute as part of the cassation proceedings. Applications may also be submitted. The person initiating the proceedings in the court of cassation by submitting a complaint to the appropriate organization must send copies of this source, as well as documents supplementing it, if they do not have any, to the other parties to the dispute by registered mail, upon receipt of which a notification of handing over to the addressee is generated. Also, these documents may be delivered to other parties to the dispute in person or to their representatives using a receipt.
What documents supplement the cassation appeal?
The cassation appeal must be supplemented by:
- a copy of the appealed act;
- a receipt on payment of state duty or on a document that gives a citizen the right to take advantage of the privilege to transfer the corresponding payment to the budget;
- a postal notice or other source certifying the fact of delivery of a copy of the complaint to other parties to the dispute, as well as documents that these persons do not have;
- a power of attorney or another document that certifies the person’s authority to sign a complaint.
In the manner prescribed by law, these documents may be submitted to the cassation court considering economic disputes in electronic form. We will now examine the time frame for the complaint in question.
Deadlines for submitting a complaint to the arbitration court of cassation
The complaint, on the basis of which the proceedings are initiated in the court of cassation, must be filed within 2 months from the date of entry into force of the judicial act, which the party to appeal against under the mechanism under consideration. If the indicated deadline is missed, it can nevertheless be reinstated by the court of cassation if the corresponding application is filed no later than 6 months after the appealed act enters into force. The right to restore the deadline for filing a complaint also belongs to the persons specified in Art. 42 of the Arbitration Procedure Code of the Russian Federation in the event that they learned or were supposed to be aware that their rights and interests were violated by that decision or decision that was adopted by the courts of first or second instance. In this case, the deadline for filing a complaint is counted from the moment when these persons learned of a violation of their rights and are also restored upon request.
The way in which the arbitration court of cassation considers applications for the restoration of the deadlines for filing a complaint is defined in the provisions of Art. 117 APC of the Russian Federation. If the institution decides to restore the missed deadline for filing a complaint, a determination is made that the document is accepted for production. If the relevant decision has not been made, a determination is made by the court of cassation that the complaint is returned to the applicant.
There is one more nuance of production that characterizes the scope of arbitration proceedings in question. Its essence is that until the time period established by the APC of the Russian Federation for appeal to the arbitration court of cassation has expired, the case is not subject to reclamation from arbitration.
We will now examine the time frame for considering the complaint in question.
Terms of consideration of a complaint in arbitration cassation proceedings
The arbitration court of cassation must carry out this procedure within 2 months from the receipt of the relevant document from the applicant together with the case. This takes into account the period in which preparation for the court hearing is carried out. If the cassation appeal was submitted to the court before the deadline for its submission, then it must be considered within 2 months from the expiration of the limit for filing established by law.
The indicated dates may be extended. For this, the judge, who is considering the dispute, forms a motivated statement, after which the chairman of the arbitration court carries out this action. The main factors that are taken into account in this case are the complexity of the dispute and the large number of participants in the case.
It will be useful to study the nuances of paying the state fee, which is paid when sending complaints to the arbitration courts of cassation of the Russian Federation.
State duty when applying to the cassation arbitration court
If a complaint is lodged with a competent institution against decisions or decisions of previous instances, as well as decisions to terminate proceedings, leave an application without consideration, issue sheets to execute an arbitration court act, refuse to execute enforcement documents, then a fee of 50% of the amount of the corresponding payment, which is paid when filing applications for disputes of a non-property nature.
This rule, therefore, applies not only to cassation, but also to appeals and supervisory complaints against a court ruling issued by one or another court as part of the consideration of arbitration disputes.