Table of contents (expand)
- The concept of civil process (legal proceedings). Tasks, types and stages of civil proceedings
- The concept of civil procedural law: subject, method and system
- Sources of civil procedural law
- The concept, meaning and classification of the principles of civil procedural law
- Civil procedural norms (concept, types, features, structure). Effect of civil procedural rules in time and space
- The essence, main features and significance of the civil procedural form: concept, features, meaning and consequences of its violation
- The place of civil procedural law in the system of Russian law. Process science
- Concept, prerequisites for the emergence and structure of civil procedural legal relations
- Features of civil procedural legal relations
- Subjects of civil legal relations. Internal affairs bodies as participants in civil proceedings
- The concept of persons participating in the case. Civil procedural capacity and legal capacity
- Hand
- Third parties
- Participation of a prosecutor in civil proceedings
- Participation of state bodies, local governments, organizations and citizens defending violated or contested rights, freedoms and legally protected interests of other persons
- The concept, goals and types of representation in civil proceedings
- Powers of judicial representatives and their execution
- The concept and types of judicial jurisdiction
- The concept and type of jurisdiction
- The procedure for resolving issues of jurisdiction. Change of jurisdiction
- The concept of court costs. State duty
- The costs associated with the consideration of the case
- Distribution of court costs
- Procedural deadlines
- The concept of a claim. Subject, grounds and content of the claim. Types of claims
- Right to sue
- Complaint and procedure for filing a claim
- Securing the claim
- Concept and classification of court evidence
- Subject and means of proof
- Evidence Process
- Essence, meaning and tasks of preparing a case for trial
- Proceedings to prepare the case for trial
- Appointment of a case for hearing. Court Notices and Summons
- The value of litigation. Procedure for holding a court session
- Postponement of the trial
- Suspension of proceedings
- Ending a Case Without Judgment
- Minutes of the court session
- Judgment. Judicial determination
- The essence of the judgment, its types
- Requirements for a Judgment
- Elimination of shortcomings of the judgment by the court that issued it
- The entry into force of the court decision
- Determination of the court of first instance
- The concept and significance of absentee proceedings
- Content and validity of default judgment
- Protection of the rights and interests of the defendant in absentia proceedings
- The concept and meaning of writ proceedings
- The procedure for issuing a court order
- The procedure for issuing and the content of the court order
- Appeal (proceedings to review decisions and rulings of magistrates)
- Procedural procedure for considering cases arising from administrative legal relations
- The concept and essence of special production. Types of cases of special proceedings
- Establishment of facts of legal significance
- Recognition of a citizen as missing and declaration of death
- Recognition of a citizen as partially capable or incapacitated
- Recognition of property as ownerless
- Restoration of rights under lost bearer documents (call proceedings)
- Cases on establishment of adoption (adoption) of children
- Finding Incorrect Vital Records
- Complaints about notarial acts or refusal to perform them
- The concept and tasks of cassation proceedings
- The right to cassation appeal against court decisions
- Procedure for filing and consideration of cassation complaints and protests
- Powers of the court of cassation
- Grounds for annulment of judgments
- Determination of the court of cassation
- Appealing (making a submission) rulings of the court of first instance
- The concept and tasks of production in the supervisory instance
- The procedure for initiating proceedings in the supervisory authority
- Contents of the complaint, presentation of the prosecutor
- The order of consideration of the case in the supervisory instance
- Determinations and decisions of the courts considering the case in the supervisory instance
- The concept, features and grounds for reviewing decisions, rulings and decrees that have entered into legal force based on newly discovered circumstances
- The procedure for initiating and reviewing cases based on newly discovered circumstances of decisions, rulings and decrees that have entered into legal force
- The essence of enforcement proceedings
- Enforcement mechanism
- Enforcement measures
- Expenses for carrying out enforcement actions. Responsibility for violation of legislation on enforcement proceedings
- Arbitration court: essence, tasks, organization, structure and competence
- Participants of the arbitration process
- Proceedings in the arbitration court of first instance. Revision of decisions of arbitration courts
- Proceedings in cases involving foreign persons
- Features and types of arbitration courts
- The procedure for consideration of disputes in the arbitration court
- The order of execution of the decision of the arbitration court
- Organization and competence of a notary in Russia
- Certification of transactions by a notary
- General rules of notarial proceedings
64. RIGHT OF CASSATION APPEAL OF COURT DECISIONS
Right of cassation appeal - the possibility established by law for a person participating in a case to protect the rights, freedoms and legitimate interests in a court of second instance by filing a cassation appeal or submitting and revising court decisions that have not entered into force.
Filing a cassation complaint, presentation - the necessary and the only procedural action that gives rise to the right and duty of a higher court to initiate cassation proceedings and check the decision that has not entered into legal force.
Subjects of the right to appeal (protest) - participants in the process who have the right to file a complaint or protest:
1) parties (plaintiff and defendant);
2) third parties;
3) prosecutor;
4) persons applying to the court for the protection of the rights, freedoms and legitimate interests of other persons or entering into proceedings in order to testify applicants;
5) other interested persons in cases of special proceedings and in cases arising from public legal relations.
The right to file a complaint is limited to a 10-day period, calculated from the date of the adoption of the decision in the final form, and not from the date of delivery or sending to the parties and other persons participating in the case of a copy of the decision on the case. For some categories of cases, there are reduced terms or special procedures for calculating them. This deadline can only be missed for good reasons; in the absence of valid reasons, the right to appeal is lost.
A cassation appeal or presentation is filed through the court that made the decision.
The decision of the court of first instance, which has not entered into force, is reviewed by the court of second instance in the following order:
1) decisions of district courts, decisions of garrison military courts - respectively, to the Supreme Court of the republic, regional, regional court, court of a federal city, court of an autonomous region, court of an autonomous district, district military court;
2) decisions of the Supreme Courts of the republics, territorial, regional courts, courts of cities of federal significance, courts of an autonomous region, courts of autonomous districts, district (naval) military courts - to the Supreme Court of the Russian Federation;
3) decisions of the Judicial Collegium for Civil Cases and the Military Collegium of the Supreme Court of the Russian Federation - to the Cassation Collegium of the Supreme Court of the Russian Federation. The judge, having received a cassation complaint, must first check whether the person has the right to file it and whether the requirements for its content are met.
A cassation complaint, presentation and written evidence attached to them shall be submitted to the court with copies, the number of which must correspond to the number of persons participating in the case.
In addition to the right to file a complaint, the person who filed the cassation complaint has the right to withdraw it. This is carried out in writing in the court of cassation prior to the adoption of the relevant court decision.
The prosecutor who brought the cassation presentation has the right to withdraw it before the start of the court session. The persons participating in the case shall be notified of the withdrawal of the cassation presentation.
An important condition for accepting a cassation complaint is payment of a state fee, which must be confirmed by an appropriate document.
Author: Gatin A.M.
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