Court of Cassation. Arbitration Court of Cassation

Cassation proceedings are a significant part of the judicial process. In accordance with the laws of Russia it can be exercised by courts of general jurisdiction, arbitration. At the same time, the procedure for cassation proceedings has nuances depending on the specifics of the activities of specific judicial institutions. What are the specific features of the tasks they solve? Which judicial institutions play a major role in the cassation proceedings?

What is the essence of the cassation process?

First of all, let us consider the essence of terms related to the procedures in question. The main function in this case is performed by the cassation court - an institution that carries out its activities within the framework of the relevant type of production. In the Russian legislation, it involves the appeal of the parties to the 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 the decisions of other judicial institutions that came into force. In order to initiate the cassation proceedings, the party of the case must file an appropriate complaint directly with the court of cassation. This must be done within 6 months after the entry into force of the decision, which is appealed under the mechanism in question.

The decision of the court of cassation may be the cancellation of the judicial act of the first or second instance, if violations of the rules of law affecting the outcome of the case are clarified, without which the restoration can not be carried out, and also the protection of the violated rights, freedoms and interests of citizens.

Cassation proceedings in courts of general jurisdiction

Let's consider the basic 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 carried out by the Supreme Courts of the subject of the federation. The Presidiums perform the bulk of the work in this case. The Supreme Court of Cassation may, with the direct role of these structures, review cases on the basis of cassation complaints on acts of district institutions, as well as magistrates.

In turn, within the framework of the corresponding sphere of production, a considerable amount of tasks can be decided by the judicial collegiums. What is their specificity?

In accordance with the legislation of the Russian Federation, the cassation board of the Supreme Court of the subject of the federation examines cases on the basis of complaints, as well as submissions for intermediate acts of the Armed Forces in the criminal cases.

Court of cassation in arbitration: legislative regulation

In turn, it will be useful to study how the cassation proceedings in arbitration institutions that deal with economic disputes are regulated by Russian legislation. The main functions are performed by the arbitration courts of the districts. It is they who are endowed with the necessary powers to implement cassation proceedings. Thus, these courts resolve issues of legality of the first-instance arbitration acts that came into force, as well as appellate institutions. In some cases, the legislation of the Russian Federation allows them to consider this or that court decision as well as the cassation instance. The corresponding type of production is initiated on the basis of special complaints - their essence we will consider later.

In the cassation institutions in the arbitration court system, special colleges can also be formed. They are approved by the presidiums of the courts directly upon the proposal of the chairman. The main task of these colleges is to check the legality of the acts that have entered into force in disputes that are considered by arbitration at the level of the first and second instance. They also summarize the documents on judicial practice, develop various proposals for amending the legal framework.

The Court of Intellectual Rights plays an important role in the system of cassation arbitration proceedings . It is a specialized institution that simultaneously performs the functions of both the first and cassation instances in the consideration of disputes related to the enforcement of intellectual property rights.

Let us examine in more detail the specifics of the work of the cassation arbitration courts - those who are competent in the consideration of disputes between various economic entities.

Cassation Arbitration: Courts

Let's study to begin with 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:

- leave decisions of the courts, respectively, of the first and second instance without changes, and, accordingly, the complaint of the party to the dispute - without satisfaction;

- to revoke or amend the decisions and decisions of the courts, respectively, of the first and second instance in full, in part, and also to adopt new acts without referring the dispute to a new consideration if the relevant circumstances were established before, although the necessary rule of law was not Applied by previous ships;

- to revoke or change the decisions and decisions of the courts, respectively, of the first and second instance in whole or in part, after which - to refer cases for reconsideration to the previous court if these institutions violated the necessary procedural rules, or if the findings in the appealed court The decision does not correspond to the facts or evidence examined;

- to revoke or change those decisions and decisions that were adopted respectively by the court of the first or second instance and to refer disputes to consideration by other institutions that are located in the same district, if the judicial acts are again verified by the arbitration court of cassation, as well as conclusions On them do not correspond to the facts and evidence in the dispute;

- Resolve decisions taken at the level of the first or second instance, decisions, cancel decisions taken at the level of the first or second instance, decisions, as well as stop the judicial proceedings or leave the claim without consideration.

In turn, arbitration in the cassation proceedings is not entitled:

- to establish or consider those circumstances that were not established in the previous decision, order or were rejected by previous courts;

- take decisions on issues related to the reliability of certain evidence, the priority of some to others, the applicability of substantive law, as well as the procedure for taking a decision or a resolution that must be approved in the new consideration of the dispute.

We will now study in what order the parties to the dispute have the right to appeal to the arbitration court of cassation in the framework of appealing the decision or the decision at the level of the first or second instance.

The right to appeal to the arbitration court of cassation

In accordance with the legislation of the Russian Federation, the decisions of the arbitration tribunals that considered the dispute on the merits, which entered into force in the event that such an act was reviewed by the appellate instance or if the relevant court refused to restore the deadline for filing a complaint, as well as decisions of appellate institutions may be appealed In the cassation proceedings.

In the case of decisions made by the Court of Intellectual Rights as an institution at the first instance level, they can also be challenged in the cassation proceedings.

Let's study now how the complaint is made to the court of cassation, which considers disputes between economic entities.

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 limits established by law, this document may be submitted to the arbitration court of the cassation instance via the Internet. The complaint in question is recorded:

- the name of the arbitration institution to which the document is sent;

- information about the party to the dispute that lodges the complaint, as well as about other persons who participate in the dispute;

- the name of the arbitration institution that made the decision or the decision to be appealed;

- information on relevant acts;

- the nature of the subject matter of the dispute;

- requirements of the party of business;

- which lodges a complaint - regarding the legality of the act complained of, as well as the grounds on 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 who need to be contacted for the purpose of considering a dispute in the cassation proceedings. Applications can also be made. The person initiating the proceedings in the court of cassation instance by sending a complaint to the relevant organization shall send to other parties to the dispute copies of this source, as well as additional documents, if any, by registered mail, upon receipt of which a notification of transfer to the addressee's address is formed. Also, these documents can be handed to other parties to the dispute personally or to their representatives using a receipt.

What documents complement the cassation complaint?

The appeal of cassation should be supplemented:

- a copy of the act complained of;

- a receipt for payment of state duty or a document that gives the right to a citizen to use the privilege to transfer the appropriate payment to the budget;

- mail notification 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;

- power of attorney or other document that certifies the authority of the person to sign the complaint.

In accordance with the procedure established by law, these documents may be submitted to the Court of Cassation, which deals with economic disputes, electronically. Let's study now, in what terms the complaint can be filed, about which there is a speech.

Deadlines for filing a complaint with the arbitration court of cassation

The complaint, on the basis of which the proceedings in cassation instance are initiated, must be filed within 2 months from the date of entry into force of the judicial act, which the party of the case appeals within the framework of the mechanism under consideration. If the deadline is missed, it can nevertheless be reinstated by the court of cassation if the relevant application is filed no later than 6 months after the act complained of becomes effective. The right to restore the period for filing a complaint is also possessed by the persons specified in art. 42 of the APC of the Russian Federation in case they learned or were expected to know that their rights and interests were violated by the decision or order that was adopted by the courts of the first or second instance. The deadline for filing a complaint in this case is counted from the moment when the said persons learned of the violation of their rights and is also restored upon petition.

The way in which the Arbitration Court of Cassation considers applications for restoring the time for filing a complaint is defined in the provisions of Art. 117 of the AIC of the Russian Federation. In case 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 is not taken, a determination of the court of cassation is drawn up that the complaint is returned to the applicant.

There is one more nuance of production that characterizes the sphere of arbitration proceedings under consideration. Its essence is that until the term set by the APC of the Russian Federation for appeal to the arbitration court of the cassation instance has expired, the matter is not subject to demand from arbitration.

We will now study the timing of the complaint in question.

Timing of consideration of a complaint in arbitration cassation proceedings

The arbitration court of cassation must carry out this procedure within 2 months of the receipt of the relevant document from the applicant together with the case. This takes into account the period in which the preparation for the court hearing is carried out. If a cassation complaint has been submitted to the court before the deadline for its dispatch has expired, then it must be considered within 2 months from the moment of expiration established by law, the limit of its filing.

The specified dates can be extended. For this purpose, the judge who considers the dispute forms a motivated statement, after which the chairman of the arbitration instance carries out this action. The main factors that are taken into account in this case are the complexity of the dispute, a large number of participants in the case.

It will be useful to study the nuances of payment of the state fee, which is paid when sending complaints to the arbitration courts of the Russian Federation.

The state fee when applying to the cassation arbitration instance

If a complaint is submitted to a competent institution against decisions or decisions of previous instances, as well as on the determination of the termination of proceedings, the abandonment of the application without consideration, the issuance of sheets for the execution of the arbitration court certificate, the refusal to execute executive documents, then a fee of 50% of The value of the relevant payment, which is paid when submitting applications for disputes of a non-property nature.

This norm extends, therefore, not only to cassation appeals, but also to appellate and supervisory complaints against a court decision rendered by an authority within the framework of arbitration disputes.