RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of December 11, 2012 No. 29

About application by courts of the regulations of the civil procedural legislation regulating production in court of cassation instance

The Federal Law of December 9, 2010 N 353-FZ "About introduction of amendments to the Civil Procedure Code of the Russian Federation" makes changes to Chapter 41 of the Civil Procedure Code of the Russian Federation.

Due to the questions arising at courts in case of application of regulations of Chapter 41 of the CCP of the Russian Federation regulating review of the court decrees which took legal effect in court of cassation instance, the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, articles 9 and 14 of the Federal constitutional Law of February 7, 2011 N 1-FKZ "About courts of law in the Russian Federation", decides to make to courts the following explanations:

1. Production in court of cassation instance is intended for the correction of fundamental breaches of regulations of the substantive right or regulations of procedural law allowed by courts during prior trial of case and which affected the outcome of the case and without which elimination recovery and protection of the violated rights, freedoms and legitimate interests and also protected by the law of public interests is impossible.

By consideration of the writ of appeal, representation the court of cassation instance checks only legality of court decrees, that is correctness of application and interpretation of regulations of the substantive right and regulations of procedural law (part 2 of article 390 CCP of the Russian Federation).

2. According to part of 1 Article 376, part 2 of article 377 CCP of the Russian Federation in cassation procedure can be appealed taken legal effect:

decisions, the determinations of district courts, garrison public vessels, magistrate judges accepted by them on the first instance, writs;

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