Cassation in the civil process. Cassation proceedings

The modern world is entirely the result of the scrupulous and long-lasting work of society. In other words, to build the form of organization that exists on the planet today, the society sacrificed the time, forces and even lives of individuals. Such work led to the fact that in the 21st century people achieved relative stability in relations with each other. In addition, the society has improved the state form of organization. However, all this would be impossible without the exclusive and most effective regulator of social relations. So today is the right. It penetrated almost all social relations without exception. A vivid example of this is the work of the organs of justice throughout the world and, in particular, the Russian Federation. Similar departments deal with various disputes between subjects of law, as well as resolution of other issues falling within the competence of their immediate activities. But at the time of consideration of various problems, the courts quite often come to a conclusion that does not suit either side. It, in turn, begins a long process of appealing the judgment. One of the types of judicial appeal is the cassation proceedings. It is endowed with a mass of characteristic features, and also has certain conditions of use. The most complete consideration of the problems of cassation is possible on the example of the same institute of the civil procedural branch of law.

What is the cassation?

Civil procedural law is a very universal and interesting legal industry. Within the framework of this process, a large number of different cases are dealt with. At the same time, there is an institution of cassation in civil law. Not every modern man in the street understands the essence and purpose of his presentation. The problems of theoretical isolation of the features of the cassation have also been raised by scientists more than once. However, there is no strictly scientific definition of this institution, since there are certain norms directly regulating it. Thus, taking into account the peculiarities of the corresponding system of legislation, we can say that the cassation in the civil process is a specific type of court activity aimed at analyzing the legality and validity of decisions lower 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 the civil process, as one of the stages in the consideration of a particular case. In both cases, the definitions are correct, but they highlight different points of the same phenomenon.

History of the category

The institution of cassation existed in the Russian legal system by no means always. Moreover, he came to us from France, where he was born in the XVI century. Of course, at that time the institute did not have a form in which we all are accustomed to seeing it now. The bottom line is that the cassation of the 16th century was the prerogative of the crown. That is, to change in any way the judicial decisions or to completely abolish them could only the monarch. The latter delegated this right to a special body - the Royal Council. With the passage of time and the gradual establishment of democratic norms in all spheres of human life, the institution of cassation in the civil process becomes commonplace. At the same time, it is completely transferred to the jurisdiction of the courts.

The procedural status of the Institute

So, we found out that the institution of cassation in the civil process - this is one of the forms of the courts to review the case. However, the Civil Procedure Code of the Russian Federation provides a slightly different definition of the institution. According to its provisions, the cassation is a complaint against the decision or actions of the court in the third instance body. That is, it is a procedural document, the model of which is fully described in Article 41 of the CCP of Russia. At the same time, according to the norms of legislative acts, the cassation institution in the civil process, or rather, its specificity, is conditioned by three interrelated factors, namely:

• Features of a particular case;
• The breadth of the powers of the court of third instance;
• Availability of necessary materials;
• The actual aims of the person who lodges the complaint.

Thus, the cassation process in the civil process is a unique kind of functionality of special state bodies.

What kind of persons are the cassation available?

Any production is a confrontation of certain subjects on any issues. The judicial cassation is not an exception in this matter, if we 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, for example: defendant, plaintiff, third parties;
• Persons who were not involved in the consideration of the proceedings, but the decision significantly affected their rights.

Thus, the submitted subjects have the right to initiate cassation proceedings in the civil process. But this aspect is not the only interesting factor of production.

When is an appeal possible?

Cassation proceedings in the civil process are carried out with respect to specific decisions of the bodies of second instance, that is, appeals. This fact significantly limits the scope of activities of departments related to the second instance. Thus, according to the current legislation, cassation is possible:

• When appealing against decisions that have directly entered into force;
• In cases where other options for appeal have been exhausted.

The second moment has many unique features. Therefore, it must be considered separately.

The essence of "other options" that open the possibility of cassation

According to the principles of building the judiciary in the Russian Federation, appealing of certain decisions in the third instance is possible only in those cases when the person has exhausted the right to appeal. That is, until the case is examined in the second instance, the appeal can not simply exist. This rule also applies when the allotted time for appeals has completely expired. In such situations, a person must apply to the court for resumption of the term and file an appropriate complaint with the second instance authority. Another way to get to the cassation is impossible.

Court of the third instance - authority

When applying to an authority for help, it is necessary to understand that the scope of its activities is strictly limited. The same applies to ships. Of course, the breadth of their powers is quite large. However, this factor depends entirely on the instance to which the particular court refers. Thus, cassation in civil cases is limited to the powers of the bodies of third instance. According to the current legislation, the appeal process exists to correct violations of procedural or regulatory requirements that:

• Actually determined the outcome of the case;
• Were admitted by representatives of justice;
• Are subject to mandatory elimination, if otherwise it will be impossible to protect the interests of private or public nature.

What does the court of cassation have no right to do?

Given the previously presented framework in which the third-instance authority is required to work, we can identify a number of restrictions relating to its immediate activities. Thus, the CCP cassation does not entitle:

• To take into account evidence that was not previously established;
• Take into account new evidence not previously accepted by the court;
• Treat the documents in the file in their own way;
• To find out the reliability of evidence;
• Dictate the contents of the judicial verdict to the subordinate bodies.

Presented points prove the fact that the CCP cassation is limited. However, this fact does not indicate the uselessness of the complaint to the court of third instance. On the contrary, restrictions exist for the objectivity of reviewing the case and assisting the interested party.

Complaint structure

The cassation appeal for the appellate ruling has a statutory structure. Thus, it must contain certain requisites, and also have appropriate content. However, given the limited competence of the courts of third instance, it is not necessary to describe the disputed legal relations in the complaint, to present new evidence or to challenge the evidentiary force of documents provided by another party of the process. In this case, one must understand the fact that only "legal errors" are relevant in the cassation proceedings. An example is the fact that the legal norm was not applied, which, on the basis of the circumstances of the case, had to be taken into account, or the wrong interpretation of certain legal provisions. In addition, the cassation appeal for the appellate ruling should contain references to 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 the third instance will be accepted, and the person will receive qualified assistance.

Do you need cassation at all?

Many people in the process of resolving the issue of the need to review the case quite often mistakenly perceive the essence of the cassation proceedings. If you do not know whether to file a complaint, then you need to talk with a good lawyer who will test the feasibility of such an action. At the same time, one must understand that the cassation is a pure lottery, because, as we have already pointed out, the court of the third instance checks only the presence of errors and nothing more. Therefore, maybe you should not waste your time and energy on such activities?

Conclusion

So, we found out what the cassation is in the civil process. Supervision of a higher court of this kind is of exceptional importance for the entire legal system of Russia. After all, its effectiveness depends on the degree of objectivity in the consideration of cases in the relevant instances.