In the fall of 2021, the division of courts of general jurisdiction will take place. Separate new courts for appellate and cassation instances will be created.
An appeal is a review of a decision of the court of first instance that has already been made, but has not yet entered into force. Cassation is a review of a court decision that has already entered into force, usually after an appeal.
Now in regional courts, appeals and cassation complaints are considered by the same court. Of course, the judges were different, but from the same team, sitting in neighboring rooms. In fact, the Presidium reviewed the cases of its own regional court.
After the judicial reform, the appellate and cassation instances will be separated into separate divisions and will consider cases independently of each other. For this purpose, by October 1, 2021, 5 courts of appeal and 9 cassation courts of general jurisdiction will be created.
Such a system of separation of instances was already carried out in 2003-2006, when, after the adoption of the Federal Constitutional Law “On Amendments and Additions to the Federal Constitutional Law “On Arbitration Courts in the Russian Federation”,” 21 new arbitration courts of appeal were created.
New courts of appeal of general jurisdiction
Each new appellate court will include a Presidium and 3 panels:
- Presidium of the court
- Judicial Collegium for Civil Cases
- Judicial Collegium for Administrative Cases
- Judicial Collegium for Criminal Cases
A total of 5 courts of appeal of general jurisdiction will be created, each for its own territory, appellate district.
First Court of Appeal of General Jurisdiction
Permanent location: Moscow.
Considers cases of complaints against judicial acts of the following courts:
Belgorod regional court, Bryansk regional court, Vladimir regional court, Voronezh regional court, Ivanovo regional court, Kaliningrad regional court, Kaluga regional court, Kostroma regional court, Kursk regional court, Lipetsk regional court, Moscow regional court, Novgorod regional court, Oryol region nogo court, Pskov regional court, Ryazan regional court, Smolensk regional court, Tambov regional court, Tver regional court. Tula Regional Court, Yaroslavl Regional Court, Moscow City Court.
Second Court of Appeal of General Jurisdiction
Permanent location: St. Petersburg
Considers cases of complaints against judicial acts of the following courts:
Supreme Court of the Republic of Karelia, Supreme Court of the Komi Republic, Arkhangelsk Regional Court, Vologda Regional Court, Kurgan Regional Court, Leningrad Regional Court, Murmansk Regional Court, Sverdlovsk Regional Court, Tyumen Regional Court, Chelyabinsk Regional Court, St. Petersburg City Court, Nenets Court Autonomous Okrug, the court of the Khanty-Mansiysk Autonomous Okrug - Ugra, the court of the Yamalo-Nenets Autonomous Okrug.
Third Court of Appeal of General Jurisdiction
Permanent location: Sochi, Krasnodar region.
Considers cases of complaints against judicial acts of the following courts:
Supreme Court of the Republic of Adygea (Adygea), Supreme Court of the Republic of Dagestan, Supreme Court of the Republic of Ingushetia, Supreme Court of the Kabardino-Balkarian Republic, Supreme Court of the Republic of Kalmykia, Supreme Court of the Karachay-Cherkess Republic, Supreme Court of the Republic of Crimea, Supreme Court of the Republic of North Ossetia - Alania, Supreme Court of the Chechen Republic, Krasnodar Regional Court, Stavropol Regional Court, Astrakhan Regional Court, Volgograd Regional Court, Rostov Regional Court, Sevastopol City Court.
Fourth Court of Appeal of General Jurisdiction
Permanent location: Nizhny Novgorod, Nizhny Novgorod region.
Considers cases of complaints against judicial acts of the following courts:
Supreme Court of the Republic of Bashkortostan, Supreme Court of the Republic of Mari El, Supreme Court of the Republic of Mordovia, Supreme Court of the Republic of Tatarstan (Tatarstan), Supreme Court of the Udmurt Republic, Supreme Court of the Chuvash Republic, Perm Regional Court, Kirov Regional Court, Nizhny Novgorod Regional Court, Orenburg Regional Court, Penza regional court, Samara regional court, Saratov regional court, Ulyanovsk regional court.
Fifth Court of Appeal of General Jurisdiction
Permanent location: Novosibirsk, Novosibirsk region.
Considers cases of complaints against judicial acts of the following courts:
Supreme Court of the Altai Republic, Supreme Court of the Republic of Buryatia, Supreme Court of the Republic of Sakha (Yakutia), Supreme Court of the Republic of Tyva, Supreme Court of the Republic of Khakassia, Altai Regional Court, Trans-Baikal Regional Court, Kamchatka Regional Court, Krasnoyarsk Regional Court, Primorsky Regional Court, Khabarovsk Regional Court court, Amur Regional Court, Irkutsk Regional Court, Kemerovo Regional Court, Magadan Regional Court, Novosibirsk Regional Court, Omsk Regional Court, Sakhalin Regional Court, Tomsk Regional Court, Court of the Jewish Autonomous Region, Court of the Chukotka Autonomous District.
Separate divisions of appellate courts may be formed for residents of remote areas.
Cassation - what is it?
Cassation is a type of filing an appeal to a higher judicial body and its subsequent examination of the objectivity, legality and fairness of the adopted sentence, decision or resolution. This method allows you to appeal decisions of the first judicial and appellate instances, as well as decisions that, by law, do not require an appeal process. In the course of conducting civil proceedings, cassation involves researching a new evidence base and has the right to change - in whole or in part - a previously made decision.
New cassation courts of general jurisdiction
Each new cassation court will include a Presidium and 3 panels:
- Presidium of the court
- Judicial Collegium for Civil Cases
- Judicial Collegium for Administrative Cases
- Judicial Collegium for Criminal Cases
A total of 9 cassation courts of general jurisdiction will be created, each for its own territory, cassation district. These districts are different from appellate court districts.
The Court of Appeal may also hold mobile hearings in other localities within its district.
First Cassation Court of General Jurisdiction
Permanent location: Saratov, Saratov region.
Considers cases of complaints against judicial acts of the following courts:
Republic of Mordovia, Belgorod region, Bryansk region, Voronezh region, Kaluga region, Kursk region, Lipetsk region, Oryol region, Moscow region, Nizhny Novgorod region, Penza region, Saratov region, Tula region.
Second Cassation Court of General Jurisdiction
Permanent location: Moscow
Considers cases of complaints against judicial acts of the following courts:
Vladimir region, Ivanovo region, Kostroma region, Ryazan region, Smolensk region, Tambov region, Tver region, Yaroslavl region, Moscow city.
Third Court of Cassation of General Jurisdiction
Permanent location: St. Petersburg.
Considers cases of complaints against judicial acts of the following courts:
The Republic of Karelia, the Komi Republic, the Arkhangelsk region, the Vologda region, the Kaliningrad region, the Leningrad region, the Murmansk region, the Novgorod region, the Pskov region, the city of St. Petersburg, the Nenets Autonomous Okrug.
Fourth Court of Cassation of General Jurisdiction
Permanent location: Krasnodar, Krasnodar region.
Considers cases of complaints against judicial acts of the following courts:
The Republic of Adygea (Adygea), the Republic of Kalmykia, the Republic of Crimea, the Krasnodar Territory, the Astrakhan Region, the Volgograd Region, the Rostov Region, the city of Sevastopol.
Fifth Court of Cassation of General Jurisdiction
Permanent location: Pyatigorsk, Stavropol Territory.
Considers cases of complaints against judicial acts of the following courts:
Republic of Dagestan, Republic of Ingushetia, Kabardino-Balkarian Republic, Karachay-Cherkess Republic, Republic of North Ossetia-Alania, Chechen Republic, Stavropol Territory.
Sixth Court of Cassation of General Jurisdiction
Permanent location: Samara, Samara region.
Considers cases of complaints against judicial acts of the following courts:
Republic of Bashkortostan, Republic of Mari El, Republic of Tatarstan (Tatarstan), Udmurt Republic, Chuvash Republic - Chuvashia, Kirov Region, Orenburg Region, Samara Region, Ulyanovsk Region.
Seventh Court of Cassation of General Jurisdiction
Permanent location: Chelyabinsk, Chelyabinsk region.
Considers cases of complaints against judicial acts of the following courts:
Perm Territory, Kurgan Region, Sverdlovsk Region, Tyumen Region, Chelyabinsk Region, Khanty-Mansiysk Autonomous Okrug - Ugra, Yamalo-Nenets Autonomous Okrug.
Eighth Court of Cassation of General Jurisdiction
Permanent location: Kemerovo, Kemerovo region.
Considers cases of complaints against judicial acts of the following courts:
Republic of Altai, Republic of Buryatia, Republic of Tyva, Republic of Khakassia, Altai Territory, Transbaikal Territory, Krasnoyarsk Territory, Irkutsk Region, Kemerovo Region, Novosibirsk Region, Omsk Region, Tomsk Region.
Ninth Court of Cassation of General Jurisdiction
Permanent location: Vladivostok, Primorsky Krai.
Considers cases of complaints against judicial acts of the following courts:
Republic of Sakha (Yakutia), Kamchatka Territory, Primorsky Territory, Khabarovsk Territory, Amur Region, Magadan Region, Sakhalin Region, Jewish Autonomous Region, Chukotka Autonomous Okrug.
Separate divisions of cassation courts may be formed for residents of remote places.
The Court of Cassation may also hold mobile court hearings in other localities within its district.
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Grounds for filing a cassation appeal in a civil case
The provisions of Art. 387 of the Civil Procedure Code of the Russian Federation (hereinafter referred to as the Code of Civil Procedure of the Russian Federation) provides that the grounds for canceling or changing court decisions in cassation are significant violations of the rules of substantive law or rules of procedural law that influenced the outcome of the case and without eliminating which it is impossible to restore and protect the violated rights, freedoms and legitimate interests, as well as protection of public interests protected by law.
By significant violations of substantive law, the legislator understands the incorrect application by lower courts of the legislation governing controversial legal relations that is subject to application; or non-application of the law subject to application and vice versa. Incorrect interpretation by the court of the norms of substantive law is also one of the grounds for canceling or changing judicial acts adopted in the case.
Procedural violations include the following: consideration of the case by the court in an illegal composition, or in the absence of any of the persons participating in the case and not properly notified of the time and place of the court hearing; violation of rules regarding the language in which legal proceedings are conducted; adoption of a judicial act on the rights and obligations of persons not involved in the case; the judicial act adopted by the court is not signed by the judge or any of the judges, and also if it was signed by the wrong judge (not those judges) who were part of the court that considered the case; absence of a court record in the case; violation of the rule on the secrecy of meetings of judges when adopting a judicial act.
If such violations were committed by lower courts, which led to the adoption of an illegal judicial act, a violation of your legal rights and interests, then you have every reason to file a cassation appeal in court.
However, when drawing up a complaint, it is important to take into account the explanations of the Supreme Court of the Russian Federation, given in paragraph 24 of the Resolution of the Plenum of December 11, 2012 No. 29 “On the application by courts of the norms of civil procedural legislation governing proceedings in the cassation court”, according to which when considering a cassation appeal, presentation with the case, the cassation court does not have the right to establish or consider as proven circumstances that were not established or were rejected by the court of first and appellate instances, to prejudge questions about the reliability or unreliability of this or that evidence, the superiority of some evidence over others, as well as to examine new evidence ( Part 2 of Article 390 of the Code of Civil Procedure of the Russian Federation).
Based on the general interpretation - Civil process (civil proceedings) is the activity of the court, persons participating in the case, and other participants in judicial proceedings, regulated by the norms of civil procedural law, related to the consideration and resolution of the merits of civil cases, as well as the activities of enforcement authorities acts adopted as a result of such consideration and resolution.
Proceedings in the cassation instance are one of the stages of the civil process.
In the Civil Procedure Code of the Russian Federation, cassation proceedings are regulated by Chapter 41 and establish a certain procedure for appealing judicial acts adopted by lower authorities and entered into legal force, which will be discussed in this article.
Help in filing a cassation appeal here
