Expertise/White-Collar Defence

Service

Cassation and Supervisory Appeals

A judgment that has entered into force is appealed in cassation, which examines whether there were material breaches of the law that affected the outcome of the case. A supervisory appeal to the Presidium of the Supreme Court is filed only against the decisions listed in the law.

We are most often instructed by:

  • Convicted owners, executives and employees of companies
  • Relatives of convicted persons arranging legal assistance for them
  • Victims, including organizations, who disagree with the court's decision

The information on this website is provided for information purposes only and does not constitute a public offer.

What the Service Includes

Timing and Fees
–timing on request
from ₽fee on request

Timing and fees are indicative and are confirmed when the engagement is agreed.

01 / Overview
What cassation reviews

In cassation, the application of the criminal law and compliance with the requirements of criminal procedure are assessed, including in the examination and evaluation of evidence and in sentencing.

Mere disagreement with how the court assessed testimony or established the facts is not sufficient for review in cassation. At the same time, breaches of the rules on examining and assessing evidence may be relevant if they affected the outcome of the case. The advocate checks which arguments are supported by the case materials and how they relate to the decision being challenged.

When an application is prepared, appeals already considered and the restrictions on repeat appeals are taken into account.

Cassation may be continuous or selective: the advocate determines the applicable procedure on the basis of the type of court ruling, any previous appeals and the timing of the application.

02 / Outcome
Service Outcome
  • Assessment of groundsAnalysis of the court decisions and the materials examined, with an explanation of possible arguments and of the limits on further appeal.
  • Cassation appealThe prepared text of the appeal and the set of annexes, with support in filing.
  • Participation in the hearingPreparation and presentation of the client's position when the court considers the case, if a hearing is scheduled.
  • Supervisory appealMaterials prepared for the application, if the law permits supervisory review.
  • Next stepsExplanation of the decision taken, the available means of further recourse and the issues arising where the case is remitted for a new hearing.

The outcome of the service is the work performed within the scope agreed with the client.

03 / Preparation
What the position is built on

  1. Materials

    The position is built on the documents and the circumstances of the case; the following points are relevant.

    • Court decisionsThe judgment and subsequent court rulings.
    • Case detailsThe court, the case number, the client's procedural status, and information on custody or the place where the sentence is being served.
    • Appeals previously filedThe texts of appeals, supplements and objections, including those prepared by other defence lawyers, and the decisions on them.
    • Case materialsAvailable copies, records and audio recordings of court hearings.
    • Client's positionWhich of the court's findings the client disagrees with and what changes to the court decision are sought.
    • Upcoming deadlinesDates of the decisions' entry into force, service of copies, filing of previous appeals and scheduled hearings; the reasons for missing a time limit, if one has been missed.
    • Formalizing the engagementInformation needed to identify the client, check for a possible conflict of interest and enter into an engagement agreement, including where the convicted person's relatives get in touch.

  2. Assessment

    On the basis of the materials, the strengths and weaknesses of the position, the risks and the possible courses of action are identified.

  3. Plan

    For the chosen option, a plan is drawn up: the sequence of steps, timing and scope of work.

04 / Questions
Frequently Asked Questions

On appeal, a judgment that has not yet entered into force is reviewed, including whether it is lawful, well-founded and fair, and evidence may be examined. In cassation, the lawfulness of a decision that has already entered into force is reviewed. Cassation arguments must concern breaches of the law, not merely a different assessment of the circumstances. Failure to appeal does not in itself rule out cassation, but it affects the procedure for its consideration.

The judgment, the decision taken on appeal, the arguments previously raised and the case materials are examined. It is checked whether material breaches of the law were committed and how the courts assessed them. An argument need not be new: what matters is its substance, whether it is supported by the case materials and the effect of the breach on the outcome of the case. On the basis of the analysis, the relief that may be sought and the procedure for applying are determined.

An appeal by the convicted person or their defence lawyer does not in itself give grounds for a review to the convicted person's detriment. However, the prosecution may file an appeal or a submission seeking to worsen the convicted person's position.

All appeals and submissions received are assessed when the position is prepared.

First, it is checked whether the time limit for applying under the continuous cassation procedure has expired and from what point it runs.

If there is a valid reason, a motion to reinstate the time limit is prepared for consideration by a judge of the court of first instance; a refusal may be appealed. Missing the time limit or a refusal to reinstate it does not rule out applying under the selective cassation procedure. The specific option is determined after the documents have been examined.

Yes. To begin work, the court decisions, the appeals previously filed and the materials available will be needed. A change of advocate does not in itself create a right to refile an appeal that has already been considered: the available means of further appeal are examined.

A relative or another person may get in touch to arrange legal assistance on behalf of the convicted person. Engaging a defence lawyer and formalizing their participation are agreed with the convicted person in accordance with the established procedure.

An hourly rate, a fixed fee or a combined model is used. The fee is determined by the time actually spent, the complexity of the matter and the overall timeframe of the project, and is agreed before work begins.

Key Contacts
Liliya Mamasheva Liliya Mamasheva Partner, Advocate

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Other Services in This Practice
Defence of Suspects and Accused Persons Pre-Investigation Checks Corporate Conflicts Witnesses and Victims Criminal Law Audit Documents and Consultations

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