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Appeal of decisions: appeal and cassation

An appeal and cassation appeared in domestic law after the reform in 1864. At that time, several normative acts were adopted. Among them were the “Judicial Charters”, which provided for these institutions. Let's consider them in the article in more detail. appeal and cassation

Court: appeal, cassation

The freedom to appeal decisions is one of the manifestations of the constitutional provision establishing the right of citizens to challenge the actions of state bodies and officials. This guarantees the preservation of the legitimate interests of the participants in the process. Appeals and cassations involve providing the parties with the opportunity, of their own free will and through their actions, to provoke a verification of the legality and validity of the decision. In this case, it is possible to appeal the decisions made both in the course of civil and criminal proceedings. Without manifesting the initiative of the participants, the higher authority cannot intervene in the matter that was considered by the lower authority and eliminate the mistakes made. can the case from appeal go to cassation

Appointment

Appeal and cassation allow:

  1. Appeal against any decisions of the authorities. These may be final or intermediate acts issued, including by a military or judicial board.
  2. To challenge the validity and legality of the decision in the part determined by the participants in the process.
  3. File a complaint in your native or other other well-known language.
  4. Supplement, amend or withdraw the application.
  5. To file a complaint without paying state duty.

The most important guarantee provided by the appeal and cassation is the rule on the inadmissibility of conversion (turn) to the worst situation of the applicant. This protects him from the negative consequences of appealing against the decision of another participant. difference of appeal from cassation

Limits of consideration

They are characterized by two aspects: the inadmissibility of verifying the decision in the part that has not been appealed, and regarding those participants who are not affected by the application. In other words, in the higher instance there is no revision order. Checks regarding persons not indicated in the complaint and part of the contested determination may be carried out in the event that any new material circumstances of the case are revealed. But even in this case, the deterioration of the situation of the parties to which it will affect is not allowed. Thus, the participants in the process themselves determine the limits within which the decision is reviewed. appeal

Difference of appeal from cassation

These institutions have common features. In particular, in the first and second instance, a person may appeal against a decision with which he does not agree. Along with this, there are significant differences between institutions. So, an appeal is a check of a higher court on the legality and correctness of a decision of a lower court that has not entered into force. At the same time, new evidence may be attached during the review if they were not presented in the first instance. The cassation appeal can be made both against the decisions that have not entered into force or those that have entered into force. As for the provision of new evidence, in this instance they are not accepted, as a rule. Many citizens are interested - can the case from the appeal go to the cassation? Of course.

findings

In general terms, the difference between appeal and cassation is:

  1. The result of the proceedings. If the cassation appeal is satisfied, the decision is canceled, and the case is sent for a new consideration. When the application in the second instance is satisfied, the materials are completely reviewed and a new resolution is adopted.
  2. Features of the proceedings.The second instance, in fact, examines all the materials, the third - only those arguments that were submitted by the applicant.
  3. Providing evidence. The appeal accepts both previous arguments and new facts. In the third instance, evidence can only be taken into account if the applicant confirms that he could not provide them earlier. court appeal cassation

How can a case from appeal go to cassation? If, when a decision was made by the second instance, violations of substantive or procedural law were committed, it can be challenged by way of supervision. It is necessary to write a cassation appeal, to state in it all the points with which there is disagreement. At the same time, it is important to refer to specific rules of law in the appeal. An appeal is filed to the same authority that issued the appealed decision.

Features of the application

Complaints about decisions, definitions trial courts drawn up in accordance with the requirements established in the procedural legislation. Required elements are the details of the application. In the upper right corner is indicated:

  1. The name of the court to which the document is sent.
  2. FULL NAME. applicant, his procedural status (plaintiff, defendant, accused, etc.), address, telephone.
  3. Information about other participants in the proceedings.

The content sets out facts with which the applicant does not agree. It is recommended that they be described in chronological order using an official business style. It is advisable to indicate specific articles that have not been respected or that have been used / misinterpreted. In conclusion, a list of documents is attached to the complaint. Among them should be a receipt on payment of state duty (in cases provided for by law). Signature and date of compilation are mandatory. In case of violation of the procedure for processing the complaint will not be accepted for consideration. The court will issue an appropriate ruling in which it will indicate errors and establish a time limit for their correction.


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