THE SUPREME COURT OF THE RUSSIAN FEDERATION: HOW TO HOW TO CONSIDER A CASSATION APPEAL WITHOUT ARGUMENTS

The day before, a draft resolution which would give clarifications on the work of courts in administrative proceedings in cassation was sent for revision by the Plenum of the Supreme Court of the Russian Federation.

In particular, the highest court was considering the situation in which a cassation appeal that did not contain any specific arguments for the annulment of the court rulings was filed.

According to the draft document, in this case, the court is invited to give a general assessment of the legality of judicial acts, checking them for compliance with general legal norms. While assessing the decisions of the court, the cassation instance will be seeking for the unconditional grounds for their cancellation, and it will also have the right to indicate that there are no arguments for the cancellation of the judicial act to the person who filed the complaint, inviting him or her to submit them.

In the case no arguments are presented, the court would limit itself to the search for unconditional grounds for cancellation.

Such reasons include, in particular, improper notification of any of the declared participants in the trial about the time and place of the court hearing, as well as the failure to provide an interpreter to the participant of the trial if he or she does not speak the language of the proceedings.