The modern world is entirely the result of meticulous andlong work society. In other words, to build the form of organization that exists on the planet today, society has sacrificed time, energy, and even the lives of individuals. Such work has led to the fact that in the XXI century, people have achieved relative stability in relations with each other. In addition, society has improved the state form of organization. However, all this would have been impossible without the exclusive and most effective regulator of social relations. Those today are right. It penetrated almost all social relations without exception. A vivid example of this is the work of justice bodies throughout the world, and in particular, the Russian Federation. Such departments deal with all sorts of disputes between the subjects of law, as well as the resolution of other issues that fall under the competence of their direct activities. But at the time of consideration of certain issues, the courts quite often come to the conclusion that this or that side does not suit. She, in turn, begins a lengthy appeal process. One of the types of judicial appeal is cassation. It is endowed with a mass of characteristic features, and also has certain conditions of application. The issue of cassation can be most fully examined on the example of the institution of the civil procedural law branch of the same name.
What is cassation?
Гражданское процессуальное право есть весьма universal and interesting legal industry. As part of it is a consideration of a large number of differently oriented cases. Moreover, in civil law there is an institution of appeal. Not every modern man in the street understands the essence and purpose of his presentation. The problem of the theoretical isolation of cassation features has also been raised more than once by scientists. However, there is no strictly scientific definition of this institution, since there are certain norms that directly regulate it. Thus, taking into account the peculiarities of the corresponding system of legislation, we can say that cassation in civil proceedings is a specific type of court activity, aimed at analyzing the legality and validity of decisions downstream in the hierarchical system of bodies. In fact, the cassation in this case acts as a form of control. It is available only in judicial proceedings and is carried out by the appropriate authorities. A different approach to the consideration of this issue speaks of cassation in a civil procedure as one of the stages of the consideration of a particular case. In both cases, the definitions are correct, but they highlight different moments of the same phenomenon.
Category history
The Institute of Cassation existed in the Russianlegal system is not always. Moreover, he came to us from France, where he was born in the 16th century. Of course, at that time the institute had no form in which we all got used to seeing it now. The bottom line is that the cassation of the XVI century was the prerogative of the crown.
Institute procedural status
So, we found out that the cassation institute incivil proceedings - this is one of the forms of activity of the courts for the consideration of the case. However, the Civil Procedure Code of the Russian Federation provides a slightly different definition of an institution. According to its provisions, cassation is a complaint against the decision or actions of the court to the third instance authority. That is, it is a procedural document, the sample of which is fully described in Article 41 of the Code of Civil Procedure of Russia. At the same time, according to the norms of legislative acts, the institution of cassation in a civil process, or rather, its specificity, is due to three interrelated factors, namely:
- features of a particular case;
- the breadth of authority of the court of third instance;
- availability of necessary materials;
- the actual purposes of the person who is making the complaint.
Thus, cassation proceedings in civil proceedings are a unique type of functionality of special state bodies.
What kind of persons can appeal?
Any production is a standoffcertain subjects on any issues. Judicial cassation is not an exception in this matter, if you do not take into account its specific features presented above. However, not every subject can initiate this stage of the process. There are two main groups of persons entitled to appeal. These include:
- direct participants in the case in question, for example: the defendant, the plaintiff, third parties;
- Persons who were not involved in the proceedings, however, the decision had a significant impact on their rights.
Thus, the represented subjects have the right to initiate cassation proceedings in civil proceedings. But this aspect is not the only interesting factor of production.
When is an appeal possible?
Cassation proceedings in civil proceedingscarried out in relation to specific decisions of the second instance, that is, the appeal. This fact significantly limits the scope of activities of the departments relating to the second instance. Thus, according to the current legislation, the cassation is possible:
- when appealing decisions directly entered into force;
- in cases where other options for appeal are completely exhausted.
The second point has many unique features. Therefore, it must be considered separately.
The essence of "other options", opening up the possibility of cassation
According to the principles of building the judiciary inThe Russian Federation, the appeal of certain decisions in the third instance is possible only in cases where a person has exhausted the right to appeal. That is, until the consideration of the case in the second instance, the cassation simply cannot exist. This rule also applies when the allotted time limit for appeal has expired. In such situations, the person must apply to the court for renewal and submit the appropriate complaint to the second instance authority. There is no other way to reach the cassation.
Court of Third Instance - Powers
При обращении в тот или иной орган за помощью it is necessary to understand that the scope of its activities are strictly limited. The same applies to ships. Of course, the breadth of their powers is quite large. However, this factor completely depends on the instance to which a particular court belongs. Thus, the cassation in civil cases is limited to the powers of the bodies of the third instance. According to the current legislation, cassation proceedings exist in order to correct violations of the procedural or regulatory prescriptions, which:
- actually determined the outcome of the case;
- were admitted by representatives of justice;
- subject to mandatory elimination, if otherwise it is impossible to protect the interests of a private or public nature.
What does the cassation court not have the right to do?
Considering the previously presented framework in whichthe third instance body is obliged to work, we can highlight a number of restrictions concerning its direct activities. Thus, the CCP cassation does not give the right:
- consider evidence that has not previously been established;
- take into account new evidence not previously accepted by the court;
- interpret the documents in the case in their own way;
- find out the reliability of evidence;
- dictate the content of the judicial verdict to subordinate bodies.
The points presented prove the fact thatGIC cassation is limited. However, this fact does not indicate the futility of a complaint to the court of third instance. On the contrary, restrictions exist for the objectivity of the review of the case and assistance to the interested party.
Complaint structure
Appeal on appeal determinationhas a statutory structure. Thus, it must contain certain details, as well as have the appropriate content. At the same time, given the limited competence of the courts of third instance, the disputed legal relations should not be described in the complaint, the new evidence should be presented or the evidentiary documents provided by another party to the process should be challenged. In this case, it is necessary to understand the fact that in the cassation proceedings only the allowed “legal errors” are relevant. An example is the fact of non-application of the legal norm, which, on the basis of the circumstances of the case, had to be taken into account, or the incorrect interpretation of certain legal provisions. In addition, the cassation appeal appeal decision must contain references indicating the fundamental importance of the mistakes made for the whole case and the process of its consideration. In this case, the appeal to the court of third instance will be accepted, and the person will receive qualified assistance.
Do I need a cassation at all?
Many people in the process of addressing the issue ofthe need to review the case quite often mistakenly perceive the essence of the appeal proceedings. If you do not know whether to file a complaint, then you need to communicate with a good lawyer who will verify the feasibility of such an action. It should be understood that the cassation is a pure lottery, because, as we have indicated earlier, the court of third instance only checks for errors and nothing more. Therefore, maybe it is not worth wasting your time and energy on activities of this kind?
Conclusion
Итак, мы выяснили, что собой представляет в civil proceedings cassation. Supervision of a higher court of this kind is of exceptional importance for the entire legal system of Russia. Indeed, the degree of objectivity of the consideration of cases in the relevant authorities depends on its effectiveness.
