Cassation proceedings are a review of a civil, criminal or administrative case by a court of last resort. Interpretation of the term suggests that the decision will be final and impossible to challenge. In our country, such an institution is the Supreme Court of the Russian Federation. Let us consider in more detail what constitutes cassation proceedings and what its features are.
What is the difference between cassation and appeal?
As a general rule, a citizen who does not agree with a judge’s verdict has two options to legally express his indignation: to appeal or to appeal. A logical question arises, how does one differ from the other.
An appeal is a person’s appeal to a court of second instance. From a legal point of view, it has a very narrow specificity. In the appeal proceedings, the board does not review the essence of the matter, but only checks the legality and validity of the verdict. In other words, the solution trial courts can only be canceled if any procedural rules are violated.
Since in most cases such a narrow approach to the situation is not enough, cassation exists in law. It aims at a global review of all case materials, verification of the legality of decisions made by courts of general jurisdiction. As we see, the appeal and cassation proceedings are significantly different from each other.
The concept of cassation proceedings
Seen in a broad sense, cassation is manifested in three forms. Firstly, this is a review of the material composition of the case by a decision that has not yet entered into legal force. Secondly, a detailed verification of compliance by a lower court with procedural rules. Thirdly, review or annulment of a sentence, introduction of amendments or additions to a court decision.
Cassation proceedings in the narrow sense are activities aimed at ensuring the legality and validity of court decisions. This is one of the main elements of the system of costs and balances.
In other words, this statement can be explained as follows: if a minister of Themis makes a decision that contradicts the norms of substantive and procedural law, then he is incompetent. Consequently, the panel of judges may raise the question of the professional suitability of a judge. The most serious punishment is the dismissal from his post.
Thus, the value of cassation proceedings is not only in ensuring the constitutional principle of protecting the rights and legitimate interests of each citizen, but also in motivating judges to make truly informed decisions that will not be subsequently quashed.
Arbitration
In Russia, the system of non-state judicial institutions is operating quite successfully. It's about justices of the peace. Their activity is called arbitration. The peculiarity is that the decision made on the dispute is immediately binding. It does not always suit the second side, so you can resort to the appeal procedure. Cassation proceedings in arbitration process Allows revision, amendment or revocation of a verdict that has entered into legal force.
In this case, the general rule applies for all types of appeal against decisions of a court of first instance. Interested party submits an application to the office of the institution that issued the verdict, then the materials are prepared and submitted for consideration to the higher authority.
This means that the cassation proceedings in the arbitration court is not conducted. Such matters are dealt with by the relevant chamber of the Supreme Court of the Russian Federation or the Supreme Arbitration Court.
Civil disputes
Most of the judicial practice is devoted specifically to the consideration of disputes between citizens. This trend has been observed since the time of the Roman Empire, in which law was born. Civil and Civil Procedural Codes are documents with the most detailed rules and principles, on the basis of which the judge must make a decision.
Cassation proceedings in civil proceedings are rare. However, such cases also occur. This mainly concerns disputes in which large sums of money appear. This category of cases is administered by the Civil Chamber of the Supreme Court of the Russian Federation.
Criminal appeal
The most relevant cassation proceedings in criminal proceedings. This is obvious, since no one wants to receive a sentence of imprisonment, especially if he really is not to blame.
In this case, the cassation proceedings include not only a review of the material and procedural rules, but also a full trial. Most importantly, at this stage both the defense and the state prosecution have the opportunity to present important evidence in the case and uncover new, previously unknown circumstances of the crime.
Cassation and supervisory review proceedings
Such a concept should be discussed only within the framework of criminal proceedings. If the prosecutor or lawyer considers that the decision is illegal, the case is sent to the Criminal Chamber of the Supreme Court of the Russian Federation.
Next, the responsible judge checks all the facts of the case, examines the procedural side of the issue and prepares materials for the board meeting. Then a collective decision is made in which the sentence is either left unchanged, or corrected, or canceled.
The activities of the responsible judge are called law enforcement supervision. If he finds a violation of procedural rules, then those who made these mistakes are held liable. It turns out further whether they were specially made or out of ignorance. In both cases, the perpetrators will be punished. As a rule, it is associated with dismissal.
When can I appeal?
In civil and criminal cases, the materials are initially considered in the court of first instance. After considering the evidence, hearing the testimonies of witnesses and the parties, the judge alone decides.
It can be appealed to in ten days. To do this, you must file an appeal with the court that made the decision. He will prepare the materials and refer the case to the second instance.
Further, the panel of judges will consider the issue. If the decision made by them also does not suit one of the parties, it is necessary to file an application for cassation. It is impossible to jump over the court of second instance.
Review Procedure
The cassation proceedings begin with a detailed analysis of the case materials. At the beginning, the procedural rules are checked, i.e. The judge in charge of the preparation examines whether the provisions of the Code of Procedure are correctly applied. Failure to comply with at least one rule may result in a reversal of the decision.
Further, the case is examined on the merits, i.e. all facts are raised again, evidence is studied, statements of the parties and witnesses are evaluated. On the basis of what they heard and saw, the judges draw conclusions and compare them with what is indicated in the decisions of the courts of first and second instances.
Production in court of cassation ends with a verdict. In the framework of the state, it cannot be challenged or appealed and is binding.
International level
Sometimes in judicial practice there are cases when one of the parties strongly disagrees even with the decision of the Supreme Court. In this case, you must contact the international authorities. Naturally, this is about European Court of Human Rights. In order for the application to reach the addressee, it is necessary to enlist the help of a qualified lawyer who can correctly justify the feasibility of considering the issue at this level.
In this case, the cassation proceeding involves not just a review of the substantive and procedural rules, but a comparison of them with international law. This is a lengthy process that can take several months or even years.
Finally
Summing up, we can say that the stage of cassation proceedings is the last resort in the struggle for their rights. Unfortunately, the existing justice system is not perfect, it has many gaps. The law can in some cases be interpreted in two ways. There are also cases when third parties in the case have a personal interest. As a result, facts are presented incorrectly or pervertedly.
Nevertheless, Russia is a legal state. The government strives in every way to help citizens and protect their legitimate interests. For this purpose, the judicial proceedings are divided into three independent from each other links.
The dominant position in this structure is cassation. This is not only a tool to challenge unfair decisions, but also a powerful measure of influence on judges.
Cassation is of particular importance in criminal proceedings. Very often, law enforcement officials do not want to understand the situation for certain and draw conclusions only on the basis of indirect evidence. The result of official negligence is a guilty verdict, although in reality the person is not to blame for the deed.
A week, a month or even a year after a court decision, new circumstances may arise that will significantly affect the situation. In this case, the decision that has already entered into force may be revised. This is important not only for civilians, but also for the state. The tool is often used by prosecutors who investigate financial fraud. Several times, fraudsters can get out, but if the evidence base is sufficient, then the decision will definitely be reviewed.
Thus, the essence of cassation proceedings is a combination of material and procedural rules that are aimed at observing laws by all subjects of legal proceedings, including not only the parties, but also Themis' servants themselves.