Cassation complaint: concept, signs, structure

The modern system of justice in many ways is aimed at enabling any person to prove just his rightness. One of the most important mechanisms is a cassation complaint, which, according to the law, has the right to file any one who disagrees with the decision of the court, regardless of whether it was civil, administrative or criminal - he was charged.

According to legal terminology, a cassation complaint is a writing in writing of disagreement of one of the parties with a decision or a court decision, as well as with a sentence that has not yet come into legal force. It should be noted that the huge role in this procedure is played by the fact that it must be carried out in strict accordance with the law, with the basic requirements of criminal procedural and civil procedural law.

A cassation complaint must be filed within a strictly defined time frame. In particular, if it is submitted to a court decision of the lowest, first instance, then in this case the dissatisfied party needs to meet within ten days. In other cases, this time interval will be established directly by the court. It is also worth noting that this complaint can be filed both directly to the court, which performs the function of the cassation instance, and through that body that has already examined this case.

A cassation appeal in a criminal case, as, indeed, in other cases, should be drafted using the main legal terms. It is inadmissible to use any offensive or incorrect expressions. It is not welcome excessive emotionality of statements - the judge should see that there are concrete facts proving rightness, and not just experiences related to the unsuccessful outcome of the case for the serving party. The cassation complaint should cause the judge positive emotions, its main provisions should be succinct, but at the same time express the whole essence of the claims.

In its structure, any cassation complaint must include three main parts. The first of them gives a brief description of the case, including a reference to a court decision, which is subject to appeal. The second part contains a list of the main arguments, according to which the applicant considers the decision of the court to be incorrect. Finally, the third part requires a review of the case. At the same time, it should be remembered that the cassation complaint does not involve any new evidence, it simply needs to draw the attention of the judge to the fact that the previous instance has reacted extremely inattentively and superficially to the already recorded facts.

Together with the complaint, such documents as a copy of the court decision, a receipt confirming payment of the fee, copies of the complaint that are sent to all parties involved in the process, as well as copies of those documents that are not available to other interested persons are submitted to the court.

Having considered all the arguments stated, the judge issues a response to the cassation complaint, according to which the date of the new meeting is appointed or the complaint is not accepted for consideration.