In the event of filing a cassation appeal, if irreparable damage could be caused to a party as a result of the execution of the judgment, the court of second instance may suspend the execution of the contested judgment until the cassation proceedings are completed or make the execution of this judgment - and in the event of dismissal of the appeal also of the judgment of the first-instance court - conditional on the submission by the the plaintiff appropriate security.
The decision may be issued at a closed session. The security may also consist in suspending the release of sums of money to the plaintiff after they have been collected from the defendant or in suspending the sale of seized property. Until the deadline for submitting a cassation appeal expires, the sale of real estate is suspended ex officio. The provision shall apply accordingly to suspend the effectiveness of a contested judgment that is not enforceable. After the ineffective expiry of the deadline for appealing against the issued judgment, the court of second instance returns the files to the court of first instance.
There is no right to appeal to the Supreme Court against the decision of the court of second instance dismissing the application to stay the execution of a final judgment challenged in a cassation appeal until the cassation proceedings are completed (Article 388 § 1 of the Code of Civil Procedure), as it is not a decision ending the proceedings in the case within the meaning of Art. 394[1] § 2 of the Code of Civil Procedure (I UZ 11/2006).
The Supreme Court does not have jurisdiction to consider an application to suspend the enforceability of a judgment of the court of second instance challenged by cassation (Article 388 § 1 of the Code of Civil Procedure) (II UKN 47/2001).