Appeals in Russia: FAQ

A Russian court decision you disagree with can usually be challenged, but only within short deadlines and only in a fixed order of courts. In most civil and commercial cases you have one month to file an appeal after the reasoned decision is made. In criminal cases the window is 15 days. Miss it, and the decision becomes final.

Below, attorney Elena Petrova answers the fifteen questions clients abroad ask most often about Russian appeals, cassation and the Supreme Court.

How the Ladder of Russian Courts Works

1. How many levels of review exist?

Usually three after the trial court: appeal, first cassation and cassation in the Supreme Court. A supervisory review by the Presidium of the Supreme Court exists but is rare.

2. Is the route the same for business cases?

No. Commercial disputes go through arbitrazh courts: the regional arbitrazh court, an appellate arbitrazh court, the arbitrazh court of the circuit, then the Economic Collegium of the Supreme Court.

Deadlines That Decide Whether You Get a Hearing

3. When does the clock start?

In civil cases it runs from the date the decision is made in final, reasoned form, not from the day you received it. Ask the court for the reasoned text at once.

4. Can a missed deadline be restored?

Yes, if you show a valid reason: illness, a late copy of the decision, no notice of the hearing. The motion is filed together with the appeal itself.

Grounds for Overturning a Decision

5. What counts as a ground?

Wrong assessment of facts, facts not proven, misapplied substantive law and breaches of procedure. Some breaches, such as a case heard without proper notice to a party, lead to cancellation in any event.

6. Is disagreement with the result enough?

No. The appeal must explain which finding is wrong and why, with references to the case file.

New Evidence at the Appeal Stage

7. Can I bring documents the trial court never saw?

Only if you prove you could not file them earlier for reasons beyond your control. The appeal court decides whether to accept them.

8. And in cassation?

Cassation courts do not examine new evidence. They check only whether lower courts applied the law correctly.

Enforcement While the Review Is Pending

9. Does an appeal stop enforcement?

A timely appeal keeps the decision from taking effect. After the appeal ruling, the decision is enforceable even if you go to cassation.

10. Can enforcement be suspended in cassation?

Yes, on a motion, usually with security or strong reasons. Courts grant it selectively.

Reaching the Supreme Court

11. Does the Supreme Court hear every complaint?

No. A single judge first screens the complaint. Most are refused without a hearing.

12. What improves the chances of transfer?

A significant breach of law affecting rights, or a conflict with Supreme Court practice. Plenum resolutions and practice reviews are the main reference points.

Practical Questions from Clients Abroad

13. Do I need to attend in person?

Not necessarily. An advokat can act under a notarised power of attorney, and many courts allow video hearings.

14. Can a different lawyer handle the appeal?

Yes. A fresh review of the file by a new lawyer often reveals arguments missed at trial.

15. How long does an appeal take?

The law sets target periods, often about two months for civil appeals, but real timing varies by court and workload.

The main channel of communication with the attorney is email: attorneypetrova1@gmail.com.