Elena Gladysheva, Managing Partner of RI-Consulting, on whether the Company has ever encountered two hearings of the same case in the Supreme Court.

What advice can be given to the party in the case, which for the second time came to the Chamber for Civil Disputes? How to prepare for such a trial? Is it worth stating new arguments or can we limit ourselves to the arguments we had during the first consideration of the case in the Supreme Court?

"Civil cases that fall twice before the RF Supreme Court Chamber for Civil Disputes are very rare, which is why they always resonate in the legal community. As an example, we can cite Ruling of the RF Supreme Court Chamber for Civil Disputes No. 75-KG17-10 dd. 16.01.2018.

The statistics of the RF Supreme Court on the resolution of civil disputes for the first six months of 2022 shows that in cassation, the Chamber for Civil Disputes heard 31,733 appeals and submissions in cassation and in court - 328 civil cases, and only 317 civil cases resulted in satisfaction of cassation appeals and submissions. Based on these statistics, we can conclude that only one percent of cassation appeals is referred for consideration.

In view of the above, in the event of reconsideration of a civil case before the RF Supreme Court Chamber for Civil Disputes, we recommend the following.

First, we recommend that when stating your position before the RF Supreme Court Chamber for Civil Disputes, you apply A.P. Chekhov's famous expression - ‘brevity is the soul of wit’. As lawyers, we too often use complex phrases that only diminish our credibility. As you know, the Chamber of the RF Supreme Court shall only check the legality of judicial acts of lower instances, establishing the correctness of application and interpretation of the norms of substantive law and norms of procedural law. The grounds for the RF Supreme Court Chamber to cancel or amend judicial decisions in cassation proceedings are substantial violations of the substantive law and/or the procedural law.

Namely, therefore, we consider it unnecessary to expand on the arguments that were voiced back in the court of first instance on the factual circumstances of the case. You should briefly state what norms of substantive and (or) procedural law were violated by the courts of lower instances.

Secondly, we advise to take all possible measures to make your case interesting to the RF Supreme Court Chamber.

On the Internet there are many examples of cassation complaints drafted by colleagues, which are characterized by creativity and 'a stretch of imagination'. The text of the cassation appeal is set forth in verse, using catchphrases, phraseology, emoticons and emoji pictures. At the same time, as court practice shows, this form of the text of the cassation appeal is not the reason for transferring such an appeal to the RF Supreme Court Chamber for Civil Disputes.

You need to convince the court that your legal position has a right to life and should be accepted by the courts as correct, to point out possible legal conflicts, legal uncertainty and ambiguity of judicial practice.

It is necessary to prepare for such a process very carefully. If necessary, write out the main theses, as well as make a ‘map’ of the case. Moreover, we recommend that you familiarize yourself with the judicial acts on other disputes of the RF Supreme Court Chamber, which is considering your case.

It is certainly possible to state new arguments in addition to those that were already considered during the first hearing in the Supreme Court, especially if the courts of the lower instances violated the norms of procedural law during the second hearing," commented Elena Gladysheva.

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