Appeals and Cassation

A first-instance judgment in Russia can be reviewed twice or more: by an appellate court on the facts and the law, then by cassation courts on the law only, and finally, in selected cases, by the Supreme Court. Each level has its own deadline and its own rules on what may be argued. Attorney Elena Petrova prepares and argues appeals in civil, arbitrazh and criminal cases, including for clients in California who lost a case in Russia and need a second look.

The review starts with the reasoned judgment and the hearing records. We check what was argued below, since new points and new evidence are accepted on appeal only in limited situations.

Levels of Review and Their Deadlines

Russian procedure differs between courts of general jurisdiction and arbitrazh courts, but the structure is similar.

Criminal appeals run on a shorter timetable counted in days. A missed deadline can be restored only for reasons the court accepts as valid.

Grounds That Persuade a Higher Court

An appellate court may reverse a judgment where the facts were established incompletely, where conclusions do not match the evidence, or where substantive or procedural law was breached. Some procedural errors lead to reversal regardless of the outcome, for example hearing the case without proper notice to a party.

Cassation is narrower. The court does not reassess evidence and looks for errors of law that affected the result. An appeal that simply repeats the arguments lost below rarely succeeds.

Drafting the Appeal

A strong appeal is short, structured and tied to the record. Each ground refers to a page of the case file, a document or a line from the hearing minutes. We separate the main error from secondary points and state clearly what the higher court is asked to do: reverse, change or send the case back.

Where new evidence is needed, the appeal must explain why it could not be presented earlier. Without that explanation, the court will not accept it.

The Hearing Before the Higher Court

Appellate hearings in Russia are often brief. Judges have read the file and expect focused answers. We prepare concise oral submissions and responses to the other side's objections. Remote participation by video link can be requested in many courts, which helps clients abroad.

Review by the Supreme Court

Complaints to the Supreme Court first go to a single judge, who decides whether to refer the case to a judicial collegium. Only a small share reaches a hearing. The complaint must show a significant breach of law that affected the outcome, and often an inconsistency with established court practice or Plenum guidance. We assess realistically whether this stage is worth the effort.

Suspending Enforcement Pending Review

A judgment that has entered into force can be enforced while cassation is pending. The applicant may ask the court to suspend enforcement, usually with security or strong reasons. This request should be filed together with the complaint.

Sending Your Case for Review

Send the judgment, the appeal ruling if any and the list of documents filed. You will receive an assessment of grounds and deadlines for each level.

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