The cassation instance serves to correct possible errors of legal proceedings. It is the cassation that sets the final point in the trial, eliminating the last doubts and passing the final verdict.
Three stages
In order to eliminate possible shortcomings in the judicial cassation proceedings the civil affairs authority considers the appeals in three areas:
- approved, but not yet entered into force, verdicts of the courts of first instance;
- may consider cases due to complaints, decisions, decisions and court sentences, which by the time of the appeal have already entered into legal force;
- due to newly discovered circumstances, closed civil and criminal cases, as well as court verdicts, can be reviewed.
Appeal
Filing appeal by judicial decisions that have not entered into legal force is the most affordable way to verify the legality and impartiality of final judgments of lower courts. Each participant in the process has the right to appeal the decision of the court and depends only on the desire of the participants themselves to review the outcome of the decision. Appeals and complaints filed in the prescribed form and on time must be considered by the cassation instance.
All interested parties are given the set time for filing a cassation appeal. Usually it does not exceed 10 business days. If the appeal could not be filed on time (for example, in case of illness), this term may be extended by special decision. The deadlines for filing a cassation in electronic form are the same as when filing a standard appeal with the court of cassation.
Current legislation provides for mandatory verification of the legality of a verdict issued by a court, within the limits established by the cassation appeal. At the same time, the rights of the court of cassation provide for consideration of the entire court case in full, if a preliminary audit revealed serious violations and shortcomings.
Handling Exceptions
The interest of the court of cassation can only extend to court decisions that have not entered into force. In addition to this rule, there are additional exceptions that make up a list of cases that the cassation court will not consider.
Administrative penalties and fines imposed on legal or natural persons whose legitimacy has been confirmed by district or city courts are not considered.
Decisions made by the Supreme Court of the Russian Federation in the first instance are not subject to appeal.
How is a cassation appeal filed?
Filing a cassation appeal can be done on paper or in electronic form. The standard form of appeal to the cassation instance provides for the provision of paper circulation of the established form. Theoretically, the document could have been made by all capable citizens of our country, but in practice the complexity of the request and the lengthy delivery procedure of the appeal were arguments that significantly reduced the interest in re-examining the case.
In connection with the spread of the Internet, it is possible for all citizens to file a cassation appeal in electronic form. For this, there is a special form on the website of the Supreme Court, by filling out which, each interested person can be sure that this appeal will be considered. The answer to the appeal is available in electronic or written form. 
In fact, this may be a refusal to consider a complaint for one reason or another or a decision to consider a cassation appeal.
Subject of appeal
The court of cassation shall consider the case on appeal of the court decision in the first instance in the following order:
- verdicts of city, district and provincial courts are considered by the Supreme Courts of the autonomous republics, regions, territories and autonomous okrugs in the order of administrative subordination;
- Verdicts of the Supreme Courts of regions, autonomous okrugs, republics and territories are accepted for consideration by the Supreme Court of the Russian Federation.
The cassation instance considers appeals calling for appeal against part of the verdict or the entire verdict. Moreover, the appeal of even part of the court decision entails the postponement of the date of entry into force of the verdict until it is confirmed by the cassation instance. If the court of cassation finds the appeal objective, then the case can be considered again, taking into account all the circumstances.
Procedure for the annulment of judicial verdicts
The main reason for making a decision to cancel the court verdict may be:
- incorrect definitions of circumstances significant for an objective review of the case;
- evidence in the cassation instance, according to which the court ruling did not comply with the identified and documented circumstances;
- unproven evidence and circumstances that the trial court considered proven.
The review of the case may be due to a violation or improper application of various rules of procedural law, which the trial court did not take into account. In this case, formal objections will not be taken into account if, in essence, the case was stated correctly.
The rejection of the cassation appeal must be accompanied by a determination in which the cassation instance must indicate the good reasons that the case will not be subject to review. If the court of cassation decides to cancel the previous verdict or send the case for further examination, the determination shall indicate the circumstances that the new inquiry should reveal or the facts that should be paid attention to.
Arbitration Order court of cassation It is final and not subject to review or appeal.