4.39/5 (23)
How to draw up a document correctly
The procedure for document execution in writing is provided for by law.
According to the provisions of the Civil Procedure Code, the application must contain the following data:
- Name of the institution where the application is submitted.
- Information about the individual or legal entity who is filing the application.
- List of persons participating in the case, providing information on them.
- Information about the authorized bodies that previously considered cases and the decisions they made.
- The decision that the applicant wants to challenge.
- The reasons that necessitated the need to appeal the decision. Violations that arose during the consideration of the case and provoked the emergence of a complaint.
- The essence of the statement.
What is a supervisory complaint?
Basically, supervision will be carried out over the decision that has entered into force. In no case should such a complaint be confused with a cassation, since it is submitted to special authorities. The main difference between these two concepts is that the supervisory appeal is considered exclusively by the Supreme Court. It is important to remember that the law limits the level of courts of first instance, so those issues that were previously considered by ordinary courts and are under appeal can be reviewed.
Cassation can be considered by the courts of second instance, it all depends on which body made the decision before. Issues of filing an appeal must be approached responsibly, since a supervisory complaint will not consider disputes in the economic sphere if the decision was made by arbitration.
What cases are the RF Armed Forces considering?
The decision made by the court is not always objective. The decision of a government agency in some cases is influenced by bias towards one of the parties or an error made as a result of providing incomplete or unreliable data.
In a situation where an appeal or cassation complaint does not help restore justice, a party dissatisfied with the outcome of the case appeals to the Supreme Court of the Russian Federation. The reason for the appeal may also be those circumstances that arose after the completion of the trial or which became known after the decision was made.
The Supreme Court is the highest judicial body of general jurisdiction. In terms of importance, the RF Supreme Court is on the same level as the Supreme Arbitration Court. The only difference between the structures is in the cases the consideration of which falls within the competence of a particular judicial body.
How to file a cassation appeal to the judicial panel for civil cases of the Supreme Court of the Russian Federation?
How to file a complaint to the Supreme Court of the Russian Federation in an administrative case, read here.
How to file a complaint against the actions of a judge to the Qualification Board of Judges, read the link:
The Supreme Court of the Russian Federation is not authorized to deal with cases concerning violations in the field of constitutional law.
The Supreme Court exercises control over the activities of courts that are at a lower level in their hierarchical structure and evaluates the work in accordance with legal norms.
The functions assigned to the aircraft are:
- Identification of violations in court cases.
- Consideration of appeals in relation to cases of general jurisdiction, the decision of which did not satisfy one of the parties to the dispute after several repeated proceedings.
- Analysis of the circumstances of a case that falls into the highest category of complexity and at the same time causes public outcry.
- Processing legal disputes and rulings, identifying patterns and summarizing data for statistics.
- Explanation of legal disputes and decisions adopted as a result of consideration of cases.
Watch the video. What should be written in a cassation appeal:
Features of the complaint
There is a certain procedure for appealing a court ruling, which is worth taking a closer look at:
- Initially, it is taken into account that the supervisory appeal is filed with the Supreme Court, and the application is also sent there, this is done officially through the mail.
- Not everyone can file such a complaint. There is a certain circle of people who have the right to do this.
- You should appeal a court decision when the decision comes into force; it will be impossible to do this at another time.
- It is important to take into account that the document must be submitted within a certain time frame; as a rule, only three months are given for this, after which nothing can be appealed.
- To send a complaint to the Presidium, it is worth paying a state fee. This instance is practically the last at the state level, because further success will have to be achieved in international courts.
Important points
As a rule, the Supreme Court of the Russian Federation is approached after the case has been considered by several lower courts. Although in exceptional cases the Supreme Court may act as the first instance. But the main task of the Supreme Judicial Body is to consider complaints regarding previously made decisions.
As for the appeal or cassation, the disputes are first considered in the relevant judicial panels, and only if the resulting act does not satisfy the party to the process, a supervisory complaint should be filed with the Supreme Court of the Russian Federation.
When filing an application to appeal a previous decision, it must be taken into account that the decision of the Presidium of the Russian Federation is final.
The applicant has the right to apply to an international judicial body to protect his interests, but such actions are taken rather to attract public attention.
Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.
Filing a supervisory appeal to the Supreme Court
After preparing the text of the document, a complaint is filed in the manner of supervision in a civil case. And here there are some peculiarities.
Some of them you should pay close attention :
- The complaint is submitted in copies for all participants in the process (defendant, third parties, prosecutor).
- The supervisory appeal must be accompanied by the originals of the appealed decisions of all previous authorities.
- Receipt for payment of state duty.
- Powers of the representative.
The supervisory appeal is addressed directly to the Supreme Court, without affecting previous instances.
The above applies to all cases except the restoration of the deadline for filing a supervisory complaint. We will dwell on them in more detail below in the text.
State duty
When applying to the Supreme Court for supervision, you must incur certain legal costs.
Thus, the state fee for a supervisory complaint in a civil case to the Supreme Court is currently 300 rubles for individuals and 6,000 for enterprises .
Submission deadlines
It is also necessary to take into account the deadline for filing a supervisory appeal to the Supreme Court in a civil case.
At the moment, it is 3 months from the date of entry into force of the last decision appealed in the case (Articles 391.1, 391.2. Code of Civil Procedure of the Russian Federation).
Restoring the deadline for filing a supervisory complaint
If the deadline for filing a supervisory complaint is missed, it can be reinstated if there are objective grounds for illness or a long business trip (Article 112 of the Code of Civil Procedure of the Russian Federation).
To do this, along with the complaint, an application for the restoration of procedural deadlines is submitted to the court considering the case as the first instance.
If the court finds the reasons valid, the deadline for filing a supervisory appeal will be restored.
The Plenum of the Supreme Court of the Russian Federation clarified that receiving a copy of a court decision after the deadline for appealing it has expired is also a valid reason.
Below we provide a sample of a supervisory appeal to the Supreme Court. It is general in nature and can be freely modified in relation to a specific case by adding your own arguments and evidence.
Procedure for considering a complaint
Once everything has been filled out correctly, you can safely appeal the court’s decision. A supervisory complaint is filed within a certain time, in court it is carefully examined and analyzed by the Supreme Judge within the following time frames:
- If the complaint relates to a civil case, the consideration period may be two months.
- For the arbitration court, the period is also two months.
- Complaint related to an administrative matter within two months.
- A case related to the Criminal Code is considered for one month.
There are certain cases when the period for consideration of a complaint may be extended. Only a judge can decide to bring the case to a meeting of the Presidium of the Supreme Court or return the application back to the applicant without consideration. The Presidium has the right to make the following decisions:
- the court may refuse to satisfy the request due to the fact that the decision has already been changed;
- the court may overturn a controversial verdict;
- the decision may be partially reversed.
It is important to remember that all participants in the process must participate in the meeting. The decision will be made after the judges vote, taking into account the majority vote.
What should be in the complaint?
A supervisory complaint is filed taking into account the following points:
- First, the full name of the body to which it is sent must be indicated, namely the Presidium of the court.
- All personal information of the participants in this case is indicated.
- Up to this point, there had already been an appeal to the relevant courts, so the data from these authorities is also listed. In addition, the decision made is described.
- The complaint will not be accepted if it does not indicate the reason for the review; this is exactly what is stated in Article 391.9 of the Code of Civil Procedure of the Russian Federation.
- All wording in the complaint must be clear and understandable.
- Additional documents are attached to the application.
- The date of the complaint is indicated on the day on which it was drawn up, and the signature is affixed by the applicant himself.
There are exceptions where an appeal can be made by a trusted person. There are several regulations for this:
- A supervisory review complaint is filed if the rights of a certain person are violated, especially when they are guaranteed by fundamental law.
- Also, a complaint will be considered if the rights of several citizens were violated at once.
- The reason may also be a violation of understanding of the unified law of Russia.
If there are such violations, this may serve as a reason for canceling the judicial act or partially satisfying it.
Deadlines for filing a complaint
It is important to carefully remember the deadline for filing a supervisory complaint. As soon as the decision becomes final, the complaint must be filed within three months. The moment when the decision becomes legal must be indicated in the document. If there are no instructions, then you should be guided by the generally accepted rule, which states that after the expiration of a month you can already file a complaint. It is also important to remember that if the deadline for filing a complaint with the supervisor has been missed, it can be restored, but in the case where there is a good reason for the omission itself, for example, a serious illness of the person filing the appeal. The submission deadline expires in exactly three months. If the submitter managed to send the letter to the post office before midnight on the day of expiration, this is not considered a pass.
