Appeal and cassation: what is the difference in making a complaint

Citizens who assert their rights, as well as lawyers, often hear terms such as appeal and cassation. What is the difference between the two? We will try to answer this question.

Appeal and cassation, what is the difference?

An appeal is the second instance of litigation. Cassation is the third. At first glance, everything becomes clear, but there is a huge difference between them. So, we will examine in more detail what appeal and cassation are, what is the difference between them:

1. An appeal is filed for court decisions that have not yet been adopted. The cassation examines complaints against verdicts that have already entered into force.
2. The Board of Appeal is obliged to assemble upon appeal of the applicant. Cassation has no such obligation. A judge can make a refusal in the office, without calling the parties and demanding the case file.
3. The appeal considers the case on its merits. This is the second lawsuit attempt, albeit a bit limited. The cassation does not examine the circumstances of the case. She only monitors court order.
4. The appeal does not rule on a new trial. She either rejects the complaint or changes the decision of the first instance. With cassation, competence is much broader. She can dismiss the complaint, reverse the decision by appointing a new consideration, and can also make a new decision.

Arguments and arguments in the complaint

Cassation and appeal, what is the difference in arguing a complaint? Many inexperienced lawyers, and especially unprepared citizens, do not really understand the fundamental difference. After the appeal, they simply rewrite the “heading” of the complaint and submit it to the next instance. However, this is a mistake. The appeal, as mentioned above, examines the merits. It is here that it is necessary to prove that a citizen is right, based on the rule of law, evidence, testimony of witnesses. For cassation, these arguments mean absolutely nothing. The third instance is important that the rules of procedural and substantive law are respected . What does it mean? Let's consider in more detail.

Cassation and appeal, what is the difference in making a complaint?

As we said above, during the cassation, it is necessary to indicate the norms that were violated during the court hearings. For example, there may be the following violations of procedural rules:

• lack of trial record ;
• laying the burden of proof on the other side of the process;
• improper notification of the time and place of the meeting, etc.

Violations of material standards include:

• misinterpretation of the rule of law;
• application of laws that do not require application.

The difference between cassation and appeal is that the former will not even consider the complaint unless the above violations are reflected in the complaint, as opposed to the appeal, which examines the merits of the case.

Example of violation of substantive law

As an example, we simulate the following situation. For failure to provide information for tax control, a sanction was applied in accordance with Clause 2, Article 126 of the Tax Code. However, this rule should not apply to ordinary taxpayers. Thus, the application of the law is evident, which does not require application. This is what must be indicated as an argument in the cassation appeal. So, appeal and cassation, what is the difference in addition to what we have already listed? In order of consideration. We’ll talk about this later.

Special order in cassation

In addition to the above differences, it is important to know where to file this or that complaint. The appeal is submitted to the first instance, which made the decision. It could be a district court. It is he who, after filing the complaint, prepares the case file and sends them “higher”. Cassation is served directly. Together with her, it is necessary to submit copies of the decisions of the first two instances. It is important that all documents are properly certified: the necessary seals, signatures, sheets are numbered, stitched, sealed. The complaint goes through three stages:

1. Formal. It checks the external attributes of the complaint, as well as all copies, applications, receipts, etc. The first stage should take no more than ten days.
2. Judge's determination. The complaint falls to one judge, who decides what to do next. As a rule, most cases at this stage end their movement. A ruling on rejection is made and that’s it. The case was not even considered. However, sometimes the complaint reaches the third stage.
3. Judicial review of the case .

So, we hope that we clearly explained the difference between the cassation appeal and the appeal. The main thing is to assert your rights if they have been violated. It is foolish to trust in insurmountable circumstances if a person does nothing himself.