The complaint to the decisions of the District (City, Town) Сourt has been called an appellate appeal since05.07.2011
Since January 1, 2012 the amendments of the Code of Civil Procedure of the RF (Federal Law «About amendments of the Code of Civil Procedure of the Russian Federation of 09.12.2010 №353 ФЗ) have come into force, the main of them is the increase of the term of lodging a complaint to the decisions of the courts of the first instance from ten to thirty days, it concerns both the decisions of the magistrate and district (town) courts. Besides, now the appellate appeal to the decisions of the courts of the first instance is lodged correspondingly to the courts of the appellation instance, namely district (town) courts and regional (city) courts. The order of coming into force of the decisions of the courts of the first instance changes according to this innovation.
Cassation order is a lodging a complaint to the Presidium of the Regional (City) Court to the having come into force decrees of the court if in opinion of the appellant the court has significantly transgressed the norms of the material ....procedural law, which influenced on the outcome of the case and without eliminating of which the recovery and protection of the disturbed rights and freedoms are impossible. The term of lodging a complaint is six months from the moment of their coming into legal force in case if other methods of appellation of the court decrees installed by the Civil Procedural Code till the day of their coming into legal force were exhausted.
In exercise of supervisory functions decrees of the court having come into force are considered by the Supreme Court of the Russian Federation. Supervisory appeal must be sent into Presidium of the Supreme Court of the Russian Federation.
The reasons for cancelling or changing the decrees of the court in exercise of supervisory functions are disturbances of the rights and freedoms of a man and citizen guaranteed by the Constitution of the RF, generally recognized principles and norms of international legislation, the international agreements of the RF, rights and legal interests of uncertain set of people or other public interests, uniformity of interpretation and application of the norms of the law by the courts. Earlier only substantial violations of the norms of material or procedural legislation could be the reasons to cancel or to change in exercise of supervisory functions.← Back to news list