Appeal and cassation: what is the difference in the preparation of a complaint

Citizens who defend their rights, as well as lawyers often hear such terms as appeal and cassation. What is the difference between them? We will try to answer this question.

appeal and cassation

Appeal and cassation, what's the difference?

Appeal is the second instance of litigation. Cassation - the third. At first glance, everything becomes clear, but there is a huge difference between them. So, let's consider in more detail what is an appeal and cassation, what is the difference between them:

  1. Appeal is filed on the court's unaccepted decisions. Cassation is considering appeals against verdicts that have already entered into force.
  2. The Appeals Board is required to meet at the applicant's request. In the cassation there is no such duty. The judge can render the refusal in the cabinet, without calling the parties and demanding the materials of the case.
  3. The appeal examines the case on the merits. This is the second attempt at litigation, although a bit limited. Cassation does not consider the circumstances of the case. It only monitors the observance of the judicial order.
  4. The appeal does not decide on a new examinationbusiness. She either rejects the complaint, or changes the decision of the first instance. The cassation competence is much broader. It can reject a complaint, revoke a decision by appointing a new review, and may also issue a new ruling.

cassation and appeal

The arguments and arguments in the complaint

Cassation and appeal, what is the differencethe argumentation of the complaint? Many inexperienced lawyers, and even less unprepared citizens, do not particularly understand the fundamental difference. After the appeal, they simply rewrite the "cap" of the complaint and submit it to the next instance. However, this is a mistake. The appeal, as already mentioned above, considers the case on the merits. It is here that it is necessary to prove that the citizen is right, based on the norms of law, evidence, testimonies of witnesses. For the cassation these arguments do not mean absolutely nothing. The third instance is that the norms of procedural and substantive law should be observed. What does it mean? Let's consider in more detail

 difference between cassation and appeal

Cassation and appeal, what is the difference in the preparation of a complaint?

As we said above, at cassation it is necessary to indicate the norms that were violated during the court sessions. For example, there may be the following violations of procedural rules:

  • absence of a record of the court session;
  • placing the burden of proof on the other side of the process;
  • improper notice of the time and place of the meeting, etc.

Violations of material norms include:

  • misinterpretation of the law;
  • The application of laws that do not require application.

The difference between cassation and appeal is thatthe former will not even consider the complaint if it does not reflect the above violations in the complaint, in contrast to the appeal, which examines the case on the merits.

 what is the difference between a cassation appeal and an appeal

Example of violation of substantive law

As an example, we simulate the following situation. For failure to submit information for tax control, sanction was applied in accordance with paragraph 2 of Article 126 of the Tax Code. However, this rule should not be applied to ordinary taxpayers. Thus, there is an application of a law that does not require application. This should be indicated as an argument in the appeal. So, the appeal and cassation, what is the difference in addition to what we have already listed? In the order of consideration. We will talk about this further.

Special order in the cassation

In addition to the above differences,where to file a complaint. Appeal is submitted to the first instance, which made the decision. This can be a district court. It is he who, after filing a complaint, prepares the case materials and sends them "higher". Cassation is served directly. Together with it it is necessary to submit copies of decisions of the first two instances. It is important that all documents are properly certified: there were necessary seals, signatures, sheets are numbered, stitched, sealed. The complaint goes through three stages:

  1. Formal. It verifies the external attributes of the complaint, as well as all copies, attachments, receipts, etc. The first stage should take no more than ten days.
  2. Judge's determination. The complaint falls to one judge, who decides what to do with it further. As a rule, most cases at this stage end their movement. A decision is made on the refusal and that's all. The case was not even considered. However, sometimes the complaint reaches the third stage.
  3. Consideration of the case by the Judicial Collegium.

So, we hope that we have clearly explained whatthe difference between the appeal and the appeal. The main thing - to defend their rights, if they were violated. It is foolish to rely on insuperable circumstances, if a person does nothing himself.

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