Cassation appeal against the decision of the court: the procedure for filing and the main requirements

A cassation appeal against a court decision, like any official document, has its own peculiarities. For the application of the cassation complaint, the participant in the trial has 10 days. Their report begins with the moment when the court decision becomes lawful, that is, enters into legal force. Such a term is regulated by Article 338 and Article 107 of the Civil Procedure Code of the Russian Federation.

Often in practice, this procedure is as follows. At the court session, the judge makes a final decision and reads its resolution part, but no final decision is given. The court still has time when the descriptive-motivating part and the decision on the case in the final form must be fulfilled. To do this, it takes 5 days. If there is a number in the text of the solution, then 10 days are counted from the specified date. For example, if the court held and the effective part was announced on February 5, and the decision was made by the court on February 7, then the cassation appeal against the court's decision must be filed before February 17 inclusive.

If, however, there is no date in the final decision on the case, the ten-day period defined by the legislation for the application of the cassation complaint is calculated depending on when the case was transferred to the court's office. For example, if the court was held on February 3, and the case was transferred to the office on February 6, the cassation appeal against the court decision is filed until February 16 inclusive.

Sometimes the participants in the process disagree with the course of its conduct, questions and comments arise on the actions of the justice bodies. In this case, you can file a complaint in which to express disagreement with the actions of the judge.

The timeframe required for a cassation appeal is important. Each court decision means that a mechanism is then launched for its execution in a voluntary or compulsory manner. In addition, the final decision means that the participants in the trial are no longer entitled to make similar demands in other claims to the other party, using the same grounds. The court's decision on this issue in its final form does not give the right to challenge the established facts in other civil proceedings.

A cassation appeal against the decision of the court is sent to the court, where the decision on the case was made. The same court must be indicated in the "cap" of the complaint. Article 339 of the CCP of the RF unequivocally determines that the cassation appeal in the civil case at filling should contain the following: the name of the court and the requisites or the name of the complainant with the indication of the place of residence; An indication of the appealed court decision; The arguments of the complaint itself; The request of the submitter of the cassation appeal. If there are, then along with the cassation complaint additional documents and their list are submitted.

The cassation appeal can express disagreement both on the entire decision as a whole and on its part: the court's conclusions, the motivation for making a decision. However, any new requirements can not be claimed in this document.

For each party, a copy of the cassation complaint must be provided with copies of all the attached documents, as specified in Article 340 of the CCP of the Russian Federation. The payment order on payment of the state fee is included in the list of additional documents and for the court is sent in the original.

Each copy of the cassation complaint must be signed. If the complaint is filed by a representative, then it is necessary to have a power of attorney, which determines the powers of the representative. The power of attorney itself must be attached to the complaint. If the representative has already participated in the judicial process and has the necessary powers, and the power of attorney is in the case, then it is not necessary to present a new power of attorney.

When filing an appeal, it can not be excluded that the opposing party has the opportunity to respond to it by submitting an objection to the cassation complaint to the court.