Современная система правосудия во многом is aimed at enabling any person to prove just what is right. One of the most important mechanisms is a cassation complaint, which, according to the law, has the right to file anyone who disagrees with the court's decision, regardless of whether it was civil, administrative or criminal - he was charged.
According to legal terminology, the cassationthe complaint is a writing in writing of the 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.
The cassation complaint must be filed in a strictlydefinite terms. 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 the body that has already examined this case.
Кассационная жалоба по уголовному делу, как, however, in other cases, should be drafted using the basic legal terms. It is not allowed 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 only experiences connected with the outcome of the case that is unsuccessful for the serving party. The cassation complaint should cause the judge positive emotions, its basic positions should be succinct, but at the same time express the whole essence of the claims.
In its structure, any cassation complaintIt should 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 judge's attention to the fact that the preceding instance reacted to the already recorded facts in an extremely inattentive and superficial way.
Together with the complaint, such documents are submitted to the court,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 from other interested persons.
Having considered all the arguments, the judge issues a response to the cassation appeal, according to which either the date of the new meeting is set, or the appeal is not accepted for consideration.
