Administrative cassation appeal is a way to correct mistakes made by lower courts. Submitted by the agreed persons in the manner described by the procedural law. If it does not meet the requirements, then it will either not be considered for formal reasons, or they will refuse to disassemble on the merits.
Normative regulation
Actually, the provisions of CAS. Partially they are supplemented by clarifications of the Armed Forces of the Russian Federation adopted at plenary sessions or data in the analysis of specific cases. Developments are reflected in judicial practice in specific cases. A significant role is played by practice in the regions.
Where complaints are made
A double cassation system is operating in Russia, presented by the presidiums of the courts of the subjects and the administrative board of the Armed Forces of the Russian Federation. First, the person who wishes should appeal to the presidium of a regional, republican, or city court (Sevastopol, St. Petersburg, and Moscow) with a cassation appeal in an administrative case. Then having been refused, you should contact the Armed Forces of the Russian Federation. If you skip the instance, then the documents will be returned without consideration.
What acts are complained of
A cassation appeal in administrative cases is filed against court orders that have entered into force and the rulings made in the framework of writ proceedings. Appeal procedure for them is not provided.
It is filed for decision decisions made as part of the appeal review.
If the case has passed the cassation stage in the region, then documents should be sent to the Supreme Court. It concerns both civilians and cases initiated by the military or considered in relation to military personnel. In Art. 319 CAS a detailed list of judicial acts against which participants in the process is entitled to write a complaint.
The peculiarity of the cassation proceedings is as follows. Regardless of the form of legal proceedings in question, court decisions that have already entered into force are reviewed in cassation.
Who is entitled to apply
The person who participated in the case is entitled to send a cassation appeal in an administrative case to the court. These include: plaintiff, defendant, third parties.
The law gives permission to initiate proceedings to persons who have not previously taken part in the case, but their interests have been affected. The complaint must contain arguments in favor of participation in the case and indicate which rights and interests have been affected.
Action algorithm
A complaint to the cassation court in an administrative case shall be submitted directly to the cassation instance. Certified copies of decisions of lower courts and a complaint with other documents shall be handed over to the registry of the court. Today it is possible to use electronic technology and send a complaint by filling out a form on the court portal.
The procedure for sending documents is thus regulated by a special provision adopted by the chairman of the RF Armed Forces. He, in particular, clarifies the application of the rules on complaint requirements.
The participant in the dispute has 6 months for the cassation stage, such a long period of time is given to go through both instances, so do not hesitate to delay the first cassation.
With good reason, the court has the right to restore the time limit for filing a cassation appeal in an administrative case. Its course begins on the day after the entry into force of the appealed decision or court ruling.
Complaint Requirements
The law describes the list of requirements for the design and content of the application:
- name of the court where the documents are sent;
- Name of the person sending the documents, or the full name of the organization in accordance with the charter;
- place of residence or location;
- the procedural status of the applicant (plaintiff, defendant, third party);
- information about other persons who participated in the process;
- date and numbers of judicial acts adopted;
- what are the violations of substantive and procedural law (in this case, one should not give reason to think that the applicant aims to overestimate the facts in the case);
- the request of the person sending the application (to uphold one of the previously adopted acts, to cancel all previously adopted and take a new decision, send the case for review to one of the instances);
- list of attached documents;
- Signature and date of submission of the application.
The sample cassation appeal in an administrative case gives a hint: prepare the number of sets equal to the number of participants in the dispute.
The arguments should be as complete as possible, because the court does not go beyond them if it does not find serious reasons.
What documents are required
The application is always accompanied by earlier court decisions - copies certified by the courts that issued them. Because of this, deadlines for filing are often missed - judges, not wanting to write complaints against their decisions, delay the issuance of documents.
If the case contains a copy of the power of attorney, and its validity has not yet expired, a copy of the case is sufficient. In the office of the court, they may be asked to present the original and provide a copy to insure themselves.
If the application is written for the board of the Supreme Court, the presence of a copy is required in any case, since the judge will have at his disposal exclusively the materials provided by the sender.
National tax
Citizens and organizations are required to pay a certain amount for the consideration of the case. In the Russian Federation, its size is prescribed in the Tax Code in articles on state duty.
Organizations prove the fact of payment by means of a payment order, the representative has the right to pay it independently and attach a receipt to the complaint.
When submitting documents on behalf of a person, a receipt issued to the representative or applicant by the bank is sufficient.
A receipt or payment order is attached in the original, a copy, even certified, is not considered a proper confirmation.
The right is given to ask the court to install or delay the payment of a fee. The determination is made by the court in preparation for the consideration of the case.
How much time is given for the trial
In the courts of the subjects, the CAS allocates no more than a month to the consideration of the case, if there is no need to request materials from a lower court. The term is extended by a month if the material is claimed. The time from the moment of request to the moment of transfer of the case to the judge is not included in this period.
In the Supreme Court, time increases by 2 and 3 months, respectively. The chairman or his deputy has the right to extend the proceedings by no more than 2 months due to the complexity of the case.
In practice, the terms of a cassation appeal in an administrative case are extended for long periods of time.
What are the differences cassation on CAO
Novice lawyers and ordinary citizens confuse administrative cases and processes about administrative offenses. The first are related to the consideration of disputes between citizens and the state, legal entities (in some cases). The second concerns liability for violation of the norms or regulations of executive authorities (for example, traffic rules).
What does a cassation appeal in an administrative case look like? The law does not provide requirements for a complaint, it only indicates the deadline for filing: 10 days from the date of announcement of the decision. The right is given to restore the missed deadline if the documents were sent late by mail. Her referral is to a higher court.
The appeal system in the courts of all instances is built according to a single scheme. The list of requests is almost the same as in CAS: to cancel, uphold decisions, cancel and accept a new one. The court has the right to demand the case and verify it completely, despite the limited arguments. It is acceptable to use the complaint writing scheme set out in CAS.