Article 297. Order of consideration of a case by a court of cassation instance

The court of cassation will hear the case in court.

The first hearing on the cassation appeal (protest) shall be held no later than twenty days from the date of the ruling on the appointment of the cassation appeal (protest) for consideration in court.

In the court of cassation: on the consolidation of cases into a single proceedings; on changing the subject or basis of the claim, the amount of the claim; on filing a counterclaim; the rules on the involvement of third parties in the case, as well as other rules established by this Code only for the consideration of the case in the court of first instance, shall not apply.

The absence of the person who filed the cassation complaint (protest) and other persons involved in the case, who was duly notified of the time and place of the hearing by the court of cassation, shall not preclude the hearing of the case without their participation.

Consideration of the case in the court of cassation shall begin with the report of the presiding judge or one of the judges.

The speaker shall state the circumstances of the case, the content of the decision of the court of first instance, the decision of the court of appellate instance, the arguments of the cassation appeal (protest) and the written opinion received on it. The court shall then hear the explanations of the persons present in the case present at the hearing, who shall also have the right to make arguments not provided for in the cassation appeal (protest) and to provide additional evidence.

The person who initially filed the cassation appeal, or his representative, or, if the case is being heard on protest, the prosecutor shall speak. If the decision is appealed by both parties, the plaintiff is the first to speak.

In the manner prescribed by Article 50 of this Code, the state bodies and other persons involved in the case shall speak after the parties and third parties, unless they have appealed against the decision.

After hearing the explanations of the persons involved in the case, the court of cassation enters the deliberation room to make a decision.

Upon completion of the trial, the concluding part of the decision shall be announced and attached to the case file.

The decision will be drawn up and signed in full within five days.

After the announcement of the concluding part of the decision, the chairperson shall explain to the persons involved in the case the timeliness of the decision in full and its sending to them.