Civil procedural law. The concept and tasks of cassation proceedings (the most important)

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Civil procedural law. The concept and tasks of cassation proceedings (the most important)

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63. CONCEPT AND OBJECTIVES OF CASSATION PROCEEDINGS

Cassation proceedings - the activities of the court of second instance to verify the legality and validity of the contested judicial decisions that have not entered into force.

The task of the cassation instance - Ensuring the rule of law in the activities of the courts of first instance, and ultimately - protecting the rights, freedoms and legitimate interests of citizens and organizations.

The essence of cassation proceedings.

1. A wide range of persons entitled to file a complaint, presentation - a cassation complaint may be filed by the parties and other persons participating in the case. Therefore, plaintiffs (co-plaintiffs), defendants (co-defendants), third parties, applicants and interested parties, state bodies, local governments and all organizations and persons participating in the case in order to protect other people's rights and interests have the right to appeal. The right to appeal within the prescribed period also belongs to the successors of the parties and third parties. The prosecutor participating in the case may bring a cassation presentation.

Cassation submissions are most often brought by prosecutors of districts (cities), since civil cases are considered at first instance, mainly by district courts. In the court of second instance, the submission is supported by the corresponding higher prosecutor.

2. The subject is decisions of courts of first instance that have not entered into legal force. Cassation appeals and submissions can be brought against decisions of all courts of the Russian Federation adopted at first instance, with the exception of decisions of magistrates.

An independent subject of the right of appeal can be a court decision, both in whole and in part, as well as the factual basis for the decision (reasons for the decision). If part of the decision is appealed, the unappealed part does not enter into legal force, since the court of second instance has the right, in the interests of legality, to check the decision of the court of first instance in full.

3. One of the real guarantees for the exercise of the constitutional right to judicial protection and the issuance of lawful and justified decisions by the courts is the right to appeal against decisions.

4. The court of cassation, as a general rule, checks the legality and validity of the decision of the court of first instance within the limits of the arguments set forth in the cassation appeal or presentation. But at the same time there is a possibility of full verification.

5. The court of cassation has a wide range of powers aimed at eliminating judicial errors.

6. The court evaluates the evidence available in the case without substituting the lower courts, and also examines new additional evidence, but only if it recognizes that they could not be presented by the party to the court of first instance, confirms the facts indicated in the appealed court decision or establishes new.

The value of the cassation proceedings - timely elimination of mistakes made by the courts of first instance in specific cases, thereby ensuring compliance with the law in the work of the court of first instance and protection of subjective rights, freedoms and legitimate interests.

Author: Gatin A.M.

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