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Messenger Cassation complaint in a civil case.
document – sample – CASSATION in a criminal case
document – sample – APPLICATION to the prosecutor’s office
document – sample – STATEMENT OF CLAIM
Participants in court cases of all categories have the right to appeal court decisions by way of cassation. Usually the right to file a cassation complaint arises after the decision is rendered by the Court of Appeal.
The cassation instances are the Higher Specialized Courts, which hear economic, civil, administrative and criminal cases. Depending on the category of the case, cassation complaint may be filed at different times. Let’s consider the time limits for filing such a complaint in more detail.
In economic proceedings (until 2001 in the arbitral proceedings) a cassation complaint must be filed within one month after the decision of the court of first instance enters into legal force or after the ruling of the appellate court. In civil proceedings interested parties may file such a complaint within two months. As for criminal proceedings, the convicted person or other persons may file a complaint within three months after the decision is pronounced by the appellate court. In administrative proceedings cassation complaints may be filed within one month after the appellate court issues its decision.
If we speak about the content of a cassation complaint, it must necessarily describe the applicant’s claims with support from norms of procedural and substantive law. After examining the complaint the cassation instance may issue one of the following decisions:
- dismiss the complaint;
- fully (partially) overturn the decision of the appellate or local court;
- leave in force a court decision that was previously issued;
- decline to consider the complaint.
If you want your complaint to be granted in the cassation instance, it is very important to clearly describe your claims, citing specific provisions of the law. Without a lawyer’s assistance this will be difficult. Our specialists are always ready to provide services for drafting cassation complaints and to represent your interests in the Higher Specialized Courts.