One of the main tasks performed by the cassation court of the Russian Federation is to verify the legality and validity of protested acts of first instance. Cases in which this function is implemented are provided for in Art. 315 Code of Civil Procedure. Next, we’ll talk in more detail about everything that relates to a cassation appeal. The court of cassation and its main functions will also be examined in detail in our review.
General information
Participants in the proceedings (including the prosecutor), who believe that the court made an unlawful or unreasonable decision, may appeal it. The law establishes a period during which such an application can be submitted. A cassation appeal may be filed for the entire act as a whole. It is also allowed to challenge a part of the determination, for example, a resolution. For example, a disagreement can cause the opinion of the official conducting the proceedings regarding the distribution of expenses between the participants, the timing and order of execution, and so on. If a cassation appeal is submitted to part of the ruling, then the act does not enter into force, since the body authorized to examine protests has the right to verify the whole case. This provision is recorded in Art. 294, paragraph 2 of the Code of Civil Procedure.
Subjects of law
Who is entitled to file a cassation appeal? The court, as mentioned above, accepts claims from all participants in the proceedings. Among the persons entitled to protest are representatives of the parties, if they have a power of attorney endowing them with data powers. The prosecutor may also file a cassation appeal. The court, in disagreement with any of its definitions, including those made at a meeting in which he did not participate, is obliged to consider all claims made. In addition, complaints may be brought by his assistants. The prosecutors of departments and offices in the case in which they participated in the first instance are also entitled to file a protest. Third parties and accomplices who do not make independent claims have the right to join the complaint of the person on whose side they spoke during the process. 
The timing
What are the deadlines for filing a cassation appeal? The court considers claims within 10 days after the final verdict has been issued. Protests filed after this period remain unaddressed. These applications are returned to the persons who sent them. However, the law provides for the restoration of the missed period if the reasons why the protest was not filed are recognized as valid. An application may be filed with the arbitration court of cassation within two months from the date of entry into force of acts of protest, unless otherwise provided by industry legislation.
Duration of consideration
It is established by Art. 284 Code of Civil Procedure. The cassation Supreme Court of the republics, krai, oblast, city instance, body of autonomous regions and districts must consider the case received in protest no later than 10 days from the date of receipt. In the case of difficult circumstances and in other exceptional situations, this period may be extended, but not more than 10 days. The Supreme Court of the Russian Federation is obliged to consider the received case within a month. In special cases, this period may be extended, but not more than a month.
Content of the protest
Complaint to cassation instance must comply with established requirements. They are provided Art. 286 GPC. According to them, the protest is in writing. The document indicates the name of the court where it is addressed, F. I. O.applicant, the decision to which he is filed, as well as the name of the authority that made this determination. As a confirmation of the arguments that are given in the content, you can provide additional materials, refer to them if they were considered in the first instance, but were rejected as unacceptable or intolerable. The protest should indicate the list of attached papers, including a receipt that the state duty has been paid. The appeal court can appeal in person. It is also acceptable to send a registered letter. 
Leaving a statement without traffic
When filing a cassation appeal, special legal consequences arise. They create obligations and rights for a court of second instance to verify the validity and legality of the protested act. However, filing a complaint does not automatically initiate a new proceeding. To start the proceedings, it is necessary that the protest comply with the above requirements. If they are not observed, the document remains without movement. The list of grounds for this is recorded in Art. 288 Code of Civil Procedure. It is exhaustive and not subject to broad interpretation. In particular, the protest will remain without movement if it is not signed by the person filing it, does not contain indications of the act that is being appealed, and so on. In the presence of such deficiencies, a determination is made that indicates the period during which they must be corrected. If they are eliminated before the expiration of this period, the protest shall be considered filed on the day of the first submission. Otherwise, the complaint will be deemed not to be submitted and will be returned to the applicant.
Commencement of proceedings
After receiving the cassation appeal, the authorized body at the established time begins consideration of the case. The proceedings in the court of second instance are based on the same principles as in the court of first instance. Complaints are handled in open session. However, if there is a reason, the hearing may be closed. Cases in a court of cassation are examined by a panel of 3 permanent members. No interviews of witnesses or experts are carried out during the meeting. The consideration of the case is carried out by acquaintance with the materials, the protocol, as well as the attached written and material evidence. Only the persons participating in the proceedings and their representatives can explain the substance of the protest. 
Preparatory part
It is opened by the presiding judge. He announces the case to be tried, the person whose protest and on what act the proceedings have begun. Since the cassation court does not keep a protocol, and, therefore, the secretary does not participate, all preparatory activities are carried out by the presiding judge. He declares the rights of participants in the meeting, finds out who came to the hearing, is it possible to consider the case in someone else's absence.
Direct review
It is carried out in the second part of the hearing. Consideration of the complaint begins with the report of the chairman or one of the board members. The speaker summarizes the circumstances, the content of the protested act of first instance and the written materials submitted. In addition, the speaker reports other data that are subject to review during the verification of the validity and legality of the determination. After that, the explanations of the persons who came to the hearing of the case, as well as their representatives, are heard. They may provide, among other things, arguments that are not contained in the protest, provide new materials and additional evidence. The court examines these arguments if it admits that they could not be represented in the first instance.
Speeches by process participants
First, explanations are given by the person who filed the complaint (his representative), or by the prosecutor. When protesting the act by both parties, the plaintiff is the first to give explanations.After all explanations of the participants are heard, the case materials are studied, the prosecutor speaks. He clarifies the conclusion on the validity and legality of the act. It should be said that the prosecutor can appear in court twice. If he brought a protest, the first conclusion will be connected with the substantiation of the complaint, and the second with the legality of the act. After all the parties are heard, the board retires to the meeting. 
Definition
The decision of the court of cassation is adopted in a special deliberation room by voting on the issues raised. No member of the board can abstain. During the voting, it becomes clear whether the case materials are fully and comprehensively examined, whether the circumstances referred to by the persons participating in the hearing are proved as based on their claims and objections, and recognized by the court as established. It is also revealed whether court of first instance norms of procedural and substantive law. Decisions of the court of cassation are set out in writing. The document is signed by all members of the board. The act is read in the hall where the proceedings took place. 
Document structure
It contains the same parts as the ordinary court decision. In particular, the act contains an introduction, descriptive, motivating, and also operative parts.
Introductory fragment contains information about the place and time of the determination, title judicial authority and the composition of the board. The description contains a brief summary of the protest, the materials provided, the explanations of the participants, and the conclusion of the prosecutor.
The motivation part contains motives by which the court came to its conclusions, as well as links to the laws by which it was guided. In the case of cancellation of the protest act and transfer of the case to a new trial, it must be indicated what kind of violation was committed by the court of first instance, how it should be corrected, facts that need to be paid special attention to when reconsidering, as well as other measures that the authorized person needs to take body.
The last part is the resolution. The court ruling drawn up on the basis of the conclusions contained in the motivation fragment should be set out here.
Many citizens are interested in whether a cassation appeal against a cassation ruling can be filed. According to Art. 312 Code of Civil Procedure, the adopted act comes into force from the moment of its adoption and is not subject to appeal. Thus, the law does not provide for cases when a cassation appeal against a cassation ruling can be filed. 
Instructions for the trial court
They are mandatory for the judicial authority, which will again consider the case. However, this provision is valid only with regard to the need to fill in the missing factual circumstances of the case, as well as to collect and study additional materials, to bring to trial the co-defendants or co-practitioners. At the same time, the court, which considers the case in cassation proceedings, cannot predetermine questions about the unreliability or reliability of certain evidence, the advantages of some arguments over others, and also what conclusion should be drawn in the new proceedings.