Deadlines for filing a second cassation appeal. Cassation appeal in a criminal case: deadlines for filing

Get necessary information about the requirements for completing applications, the cassation procedure, and also clarify the submission deadline cassation appeal possible on our website. This type of appeal requires precise knowledge of the relevant norms and laws.

Before submitting, prepare a competent appeal, thoroughly stating the reason for the request. After this, the complaint is considered in general procedure. If the court considers the reason for the appeal to be unfounded, the document is returned to the applicant indicating the reasons for the return.

The legislative framework

Many people encounter difficulties in preparing documents, so there is a need to contact a law firm to get advice from experienced lawyers. Besides material costs, you will also have to spend precious time visiting a lawyer. Nowadays, you can also consult via the Internet by raising the relevant legal question to a competent person online.

The described service is free and will not take much time. Lawyers will clearly explain the main articles current legislation, and will also help you correctly compose the text of your application. Do not neglect the help of qualified workers in legal matters.

How to properly submit documents for a cassation appeal

If we talk about the procedure for submitting a request to the cassation authority, you must also refer to the articles of the Code of Civil Procedure, which clearly state the basic requirements of the appeal in question. It is considered by the judge, the chairman or his deputy. It is also possible to contact Judicial Collegium in civil or administrative cases. All requests aimed at defending affected civil rights are subject to appeal in accordance with the procedure established by law.

You can appeal acts issued by a district court or a magistrate; decisions of the appellate court are subject to appeal if the initial decisions they made caused disagreement among the applicant. The deadline for filing a cassation appeal is 6 calendar months as soon as the appealed court decision has been adopted legal force. This is described in more detail in Article 376 of the Code of Civil Procedure of our state. An appeal to the cassation court is considered impossible if the citizen has not previously appealed to lower authorities, since specified body is a court of third instance.

For example, the decision of the district court was appealed to a higher authority, and the decision adopted on appeal comes into force from the moment it is issued. After consideration, the countdown 6 begins the next day month period, during which a citizen has the right to appeal to a judge by way of cassation.

A citizen may be denied appeal after the expiration of the time allotted for such an appeal, and then the six-month period is calculated from the moment the decision of the first instance authority comes into force. The Civil Procedure Code states that these acts gain legal force after 1 calendar month.

Any of the above examples confirms that you need to make a request to a higher authority in order to defend the affected rights or freedoms, guided by the procedure prescribed by law. The more legal aspects you cover when preparing your petition, the higher the chances of success in your case. Any lawlessness is suppressed by law, and in any current situation it is necessary to fight for trampled interests.

Time limits for consideration of a cassation application

• when the text of the document does not meet the requirements;
• when the applicant is represented by a person who, for certain reasons, is prohibited from going to court (details are established in the Civil Procedure Code);
• due to missed deadlines for filing an application;
• when the application was not accompanied by a document indicating that it is possible to submit a request to the cassation body after exceeding the allotted period;
• receipt of a request for the return of the cassation appeal or its refusal;
• violations of rules of jurisdiction.

In accordance with the articles of the Code of Civil Procedure, the period for consideration of a complaint is determined based on two aspects: the case has been claimed or the case has not been claimed. In the first case, the consideration period is 60 days, provided that the time from the date of request to the date of receipt by the judge is not taken into account.

In the case where the case has not been claimed, the period should not exceed 30 calendar days. So the case is considered only in the judicial body cassation instance. Supreme Court The appeal is considered in 90 days, taking into account the fact of the claim, and in 60 days if the claim was not necessary.

Also, the articles of the Code of Civil Procedure state that in trial, other than physical or legal entities acting as applicants, their representatives may participate in the process. The latter must have special permissions for this. Citizens who are not involved in the case, but whose rights, freedoms or interests were affected by judicial acts, also have the right to submit applications.

Grounds for reinstatement

Restoring the deadline for filing a cassation appeal is also provided for by law and is spelled out in the Code of Civil Procedure. If we talk about the procedure for restoring the period for sending an application to the appropriate authority, the following features should be noted:

• restoration of the right is possible only if there is a good reason;
• the reason for the delay does not depend on the applicant (lack of information about the decision being appealed);
• the presence of a petition regarding the absence of a document required for appeal after the expiration of 6 months from the date of entry into force of the appealed decision;
• the decision to restore the right to file a second request is issued by arbitration court ya;
• the case may be demanded from the arbitration court after the deadline for filing a cassation appeal has expired.

In order to apply to the arbitration judge, the following documents are required:

• application for restoration of the deadline for filing;
• copies of judicial acts;
• documents confirming the existence of a valid reason for skipping the appeal period by the cassation body.

The application and accompanying documents are sent to the arbitration court, and the date of the process is informed to the applicant in advance. On court hearing All defendants in the case must appear. If at least one person involved in the case fails to appear, the judge may reject the request to restore the time limit to file a request with the court.

How to correctly compose the text of an application

First, you need to draw up the text of the application, which indicates the decision made and the case number. Then you should set out the arguments for disagreement with the appealed decision, as well as indicate a valid reason why the time allotted for the appeal was missed. It is mandatory to support each argument with references to legislative articles.

After stating the reasons for the delay, you must write an appeal to the judge, in which you ask to restore the right to contact the cassation authorities within the time allotted by law, and also put a date and personal signature on the application. The applicant's surname and initials are indicated next to the signature. The request must be briefly and clearly stated. Certified copies of all necessary documents should be attached to the application:

• judicial acts subject to appeal;
• petition in case of lack of necessary documents;
• receipt for payment of tax (state duty);
• copies of the petition (corresponding to the number of participants in the process);
• documents justifying the reason for the delay ( sick leave And so on).

It is recommended to seek legal assistance from lawyers, since the basis for granting a request for restoration will be precisely the indication of the current articles of the law. If the legal aspect is difficult for a citizen, you can also seek legal help online. By spending a little time on professional advice, you can get the necessary support, which will positively affect the outcome of the entire process.