Letter to the Chairman of the Supreme Court Vyacheslav Lebedev

Drawing up a complaint to the Chairman of the Supreme Court

It is well known that the highest body of judicial power in the Russian legal system is the Supreme Court of the Russian Federation. His task is to examine special cases, therefore a complaint to the Chairman of the Arbitration Court can be filed, according to the law, by absolutely any citizen who demands a retrial of his legal dispute. This article describes when and how you can file a complaint addressed to the Chairman of the Supreme Court.

In what cases is a complaint filed with the Chairman of the Supreme Court?

An appeal to the Supreme Court of the Russian Federation is not easy in any case, but only if the case was considered in court, after which an appeal took place. The main type of situations that are dealt with in the Supreme Court of the Russian Federation is an application filed for re-examination of the case. In addition, there are several other types of complaints that are considered by the Chairman of the RF Supreme Court. These include:

• the most complex, high-profile and high-profile cases that are recognized as such by the Criminal, Civil and Administrative Codes of the Russian Federation. In this case, there is a high probability that the Supreme Court of the Russian Federation will be the primary court considering this case;
• litigation that has been retried several times and not one of the parties is dissatisfied with the resolution of the dispute;
• analysis of those proceedings that were discussed earlier. The received data is processed and systematized, on the basis of which statistical data are generated;
• detailed explanation of the progress and outcome of legal proceedings;
• litigation related to international treaties or international agreements.

The highest court considers appeals, the purpose of which is to challenge a decision made by lower court bodies or the Supreme Court of the Russian Federation itself, which has not yet entered into force. In total, two boards are looking into this issue. The Board of Appeal is engaged in reviewing proceedings carried out in the Supreme Court of the Russian Federation. The task of a group of boards responsible for criminal, economic, civil, administrative and other types of litigation is to consider cases dealt with at lower levels.

Cassation appeals come from all courts, except district ones, and are sent for consideration to the Chairman of the Supreme Court of the Russian Federation in order to review the decision. In addition, such a case is filed for appeal in cases where it was contested in the judicial authorities of a constituent entity of the Russian Federation and did not bring the desired result to the parties.

You can also submit a supervisory appeal to the Supreme Court, which examines cases from different regions, territories, republics, etc. At the same time, those decisions that have already entered into force by law are considered. The appeal takes place in the Presidium of the Supreme Court of the Russian Federation, where cases are transferred by authorized panels.

There are several supervisory services within the structure of the RF Armed Forces.

If the court decision is unsatisfactory, the applicant’s request may be either a change in the court decision or its complete cancellation.

Actual news

An important direction in improving justice is the humanization of criminal proceedings.

Humanism as the basis of state policy and the legal system of Russia is enshrined in Article 2 of the Constitution of the Russian Federation, according to which a person, his rights and freedoms are the highest value in the state, and the recognition, observance and protection of the rights and freedoms of man and citizen is the responsibility of the state.

It is proposed to extend the institution of criminal misconduct to 112 crimes, for which 68.1 thousand people were convicted in 2020

Article 5 of the 1950 Convention for the Protection of Human Rights and Fundamental Freedoms provides for the right of everyone to liberty and security of person. And it establishes an exhaustive list of grounds on which this right can be limited in court, thereby implementing the “presumption of freedom”, which is important for the humanization of criminal proceedings.

In accordance with the principles of justice and humanism provided for in Articles 6 and 7 of the Criminal Code of the Russian Federation, punishment and other measures of a criminal legal nature applied to a person who has committed a crime must correspond to the nature and degree of public danger of the crime, the circumstances of its commission and the identity of the perpetrator. They cannot be intended to cause physical suffering or humiliation of human dignity.

Based on these provisions, the Russian Federation is carrying out systematic and consistent work to humanize criminal legislation and law enforcement practice, differentiate crimes and individualize punishments, limit the use of preventive measures in the form of detention, and decriminalize acts that do not pose a great public danger.

This work is also carried out in relation to juvenile defendants: since December 11, 2003, on the legislative initiative of the President of the Russian Federation, maximum penalties for crimes that are not classified as especially serious and committed by persons under 16 years of age have been reduced from 10 to 6 years of imprisonment.

A ban has been established on imposing a sentence of imprisonment on persons who have committed a crime of minor gravity for the first time at the age of 16 to 18 years, and on persons who have committed a crime of minor or moderate gravity for the first time at the age of under 16 years.

The minimum penalties that can be imposed on minors for serious and especially serious crimes have been reduced by half.

Over the past 20 years, the Plenum of the Supreme Court of the Russian Federation has addressed the issues of sentencing and choosing preventive measures for minors 27 times.

As a result of this work, the number of convicted minors decreased from 96.8 thousand people in 2003 to 16.9 thousand people in 2020, that is, 5 times.

At the same time, 2.8 thousand minors, or 17%, were sentenced to actual imprisonment in 2020. This is 9 times less than in 2003, when 25.2 thousand minors were sentenced to actual imprisonment.

In connection with a conviction for minor crimes, convicted persons are subject to about 80 prohibitions and restrictions established by law.

As of September 1 of this year, 952 minors were serving their sentences in educational colonies. Since January 1 of this year, their number has decreased by 203 people, or 18%.

The number of satisfied petitions to choose a preventive measure in the form of detention in relation to minor suspects and accused over the past 10 years has decreased by almost 7 times - from 5.6 thousand petitions in 2009 to 835 petitions in 2020.

How alternative punishments work

In order to more fully individualize punishments, including the wider use of punishments alternative to imprisonment, since 2010 the Criminal Code of the Russian Federation has provided for punishment in the form of restriction of freedom, which, as of October 1, 2020, has been assigned to more than 218 thousand convicts as the main punishment and over 68 thousand convicted as an additional punishment.

Since March 11, 2011, the lower limits of sanctions in the form of imprisonment have been excluded from 68 crimes. And from December 8, 2011, it was possible to impose punishment in the form of correctional labor not only on unemployed persons, but also on persons who have their main place of work, and therefore the number of those sentenced to correctional labor increased from 2.7% in 2011 to 8.4 % in 2019.

The category of crimes of minor gravity includes crimes for which the maximum punishment does not exceed three, rather than two, years of imprisonment, which made it possible to limit the use of strict types of punishment and preventive measures for these offenses.

A deferment of serving a sentence of imprisonment is provided to persons who are assigned it for the first time for crimes of minor gravity in the field of drug trafficking, who suffer from drug addiction and who have expressed a desire to voluntarily undergo a course of treatment. After the established period, depending on the results of treatment, such persons may be released from punishment. This creates additional opportunities for social adaptation of this category of people.

Since January 1, 2020, forced labor has been used as an alternative to imprisonment, which as of October 1, 2020 has been imposed on more than 3 thousand convicted persons.

Last year, courts dismissed 106 thousand criminal cases due to the reconciliation of the parties; 17 percent of those accused of minor crimes were involved in them

Over the past 20 years, the Plenum of the Supreme Court of the Russian Federation has addressed the issues of sentencing and choosing preventive measures more than 50 times.

As a result of the implementation of measures to improve legislation and law enforcement practice, the number of persons held in institutions of the penal system was reduced by more than half - from 1 million 60 thousand persons as of January 1, 1999 to 493.3 thousand persons as of September 1, 2020.

Since January 1 of this year, their number has decreased by 30.6 thousand people, or 6%.

Over the past 10 years, the number of people sentenced to actual imprisonment has decreased by 114.1 thousand people, or 40% (from 289.2 thousand people in 2009 to 175.1 thousand people in 2020), while 67% of those sentenced to imprisonment freedom had unexpunged and unexpunged convictions.

Since 2001, when the preventive measure in the form of detention was chosen by prosecutors, the number of persons to whom it was applied has decreased almost fourfold - from 366 thousand in 2001 to 94.6 thousand persons in 2020, of which 69.4 thousands of people, or 73%, were accused of committing serious and especially serious crimes, and 54.9 thousand people, or 58%, had a criminal record.

What did the decriminalization of beatings do?

Measures have been implemented to decriminalize acts that do not pose a great public danger. In particular, since December 8, 2011, at the legislative initiative of the President of the Russian Federation, insult and causing property damage by deception or abuse of trust have been decriminalized in the absence of signs of theft and without qualifying signs.

According to the legislative initiative of the Supreme Court of the Russian Federation, from July 15, 2016, battery, failure to pay funds for the maintenance of children or disabled parents, as well as petty theft were decriminalized with the introduction of administrative prejudice, and therefore, since 2020, the number of people convicted of these crimes has decreased by 23.7 thousands of persons, or 22% (from 109.7 thousand persons in 2016 to 86 thousand persons in 2020).

Moreover, last year more than 354 thousand people were brought to administrative responsibility for committing these acts for the first time, which indicates an increase in the legal protection of victims.

Particular attention should be paid to the decriminalization of battery.

The number of people convicted of assault decreased from 19.8 thousand people in 2020 to 2 thousand people in 2020. At the same time, 118.1 thousand persons were brought to administrative responsibility for assault committed for the first time in 2020.

Decriminalization did not affect battery committed for hooligan reasons, as well as for reasons of political, ideological, racial, national or religious hatred or enmity, or hatred or enmity towards a social group.

The courts take into account that repeated beatings indicate an increased social danger of this act - in this regard, less than 2% of criminal cases of beatings were dismissed with the imposition of a court fine, and less than 0.5% of those convicted of beatings were released from punishment.

In accordance with Part 2 of Article 20 of the Code of Criminal Procedure of the Russian Federation, criminal cases of beatings, intentional infliction of minor harm to health without qualifying criteria and libel are classified as private prosecution cases, which can be initiated at the request of the victim or his legal representative and are subject to mandatory termination subject to reconciliation victim and accused.

In criminal cases of private prosecution, as a general rule, no inquiry is carried out, and the responsibility for collecting evidence rests with the victim, who, from the moment the application is accepted by the magistrate, becomes a private prosecutor (Article 318 and part 5 of Article 321 of the Code of Criminal Procedure of the Russian Federation).

During the year, 242 acquittals were rendered by jury trials. Jurors say “not guilty” in every fourth case

Considering that victims are not vested with public powers and most of them are not professional lawyers, fulfilling their obligation to collect evidence is extremely difficult. Especially in cases related to “domestic violence,” which is latent in nature and most often characterized by the dependent position of the victim.

In this regard, the private prosecution procedure places an undue burden on the victim of domestic violence by shifting the responsibility to collect evidence capable of establishing the guilt of the offender, in accordance with the standard of proof applied in criminal proceedings. This is a difficult task even for trained law enforcement officers. But for the injured party, who is forced to collect evidence on their own, while continuing to live with the offender, being financially dependent on him and fearing revenge on his part, the difficulties become insurmountable.

Restrictions on the rights of victims are manifested not only in criminal cases related to “domestic violence,” but also in other categories of private prosecution cases, which is confirmed by judicial statistics.

In 2020, criminal cases against 9.8 thousand persons were considered by way of private prosecution, of which 3.5 thousand persons, or 36%, were convicted, 759 persons, or 8%, were acquitted, criminal cases against 5.5 thousand persons were terminated, or 56%.

Of particular interest is the judicial practice in criminal cases of libel. In 2020, the courts considered criminal cases of this category against 1,269 persons, of whom only 92 persons, or 7%, were convicted, 505 persons, or 40%, were acquitted, and cases against 672 persons, or 53%, were dismissed.

In this regard, it is proposed to discuss the issue of abolishing the private prosecution procedure and classifying criminal cases of battery, intentional infliction of minor bodily harm and slander as criminal cases of private-public prosecution, which will be subject to an inquiry.

This will relieve victims of the burden of collecting evidence. At the same time, the possibility of releasing a citizen from criminal liability will remain, subject to reconciliation with the victim, which is provided for in Art. 76 of the Criminal Code of the Russian Federation for all crimes of minor and medium gravity, if they are committed for the first time.

On this basis, in 2020, courts discontinued criminal cases against 106 thousand, or 17%, accused of committing crimes of minor and medium gravity.

Giving the court the right, and not the obligation, to terminate criminal cases of beatings, intentional infliction of minor bodily harm and slander in connection with the reconciliation of the victim and the accused will make it possible to establish in court whether the reconciliation is voluntary and whether the harm caused to the victim has been compensated.

Since January 7, 2020, on the legislative initiative of the President of the Russian Federation, incitement to hatred or enmity, as well as humiliation of human dignity, committed publicly, including on the Internet, has been decriminalized with the introduction of administrative prejudice (Part 1 of Article 282 of the Criminal Code of the Russian Federation).

The number of people convicted under Article 282 of the Criminal Code of the Russian Federation decreased from 426 people in 2020 to 19 people in 2020. The effectiveness of measures to decriminalize acts that do not pose a great public danger is evidenced by the reduction in the total number of convicts in the Russian Federation from 1 million 223 thousand in 1999 to 598.2 thousand in 2020, that is, more than twice.

When and how to exempt from criminal liability

From July 15, 2020, at the legislative initiative of the Supreme Court of the Russian Federation, it is possible to terminate a criminal case for a crime of minor or medium gravity with the imposition of a court fine.

The number of persons released from criminal liability with the imposition of a court fine increased from 5.7 thousand persons in 2016 to 52.5 thousand persons in 2020.

As of October 1 of this year, courts have terminated criminal cases against more than 140 thousand individuals on this basis.

The total number of persons against whom criminal prosecution was dropped by the court increased from 2% in 1999 to 24% in 2020.

source: cdnimg.rg.ru

Photo: RG Infographics / Anton Perepletchikov / Vladislav Kulikov

One of the conditions contributing to the formation of a favorable business climate is the humanization of criminal liability for crimes in the field of business activity.

Since April 9, 2010, an exceptional procedure for choosing a preventive measure in the form of detention has been provided for persons accused of committing this category of crimes, according to which their detention is allowed only if the suspect or accused does not have a permanent place of residence in territory of the Russian Federation, his identity has not been established, he violated a previously chosen preventive measure, or he hid from the preliminary investigation authorities or from the court.

In 2020, in this category of criminal cases, 153 petitions for choosing a preventive measure in the form of detention were considered, of which 87 petitions, or 57%, were satisfied (51 petitions, or 37%, less than in 2020), while in 66 applications, or 43%, were denied.

Since August 13, 2020, at the legislative initiative of the Supreme Court of the Russian Federation, the Code of Criminal Procedure of the Russian Federation has been supplemented with provisions excluding the unreasonable extension of the period of detention for persons accused of committing crimes in the field of business activity, including in the event of ineffective work of the investigative bodies.

In 2020, 300 such petitions were considered, of which 268 petitions, or 89%, were satisfied—36 petitions, or 12%, less than in 2020, when 304 petitions were satisfied. 32 applications, or 11%, were denied.

Increased interest in society is caused by the consideration by courts of criminal cases of organizing a criminal community or participation in it (Article 210 of the Criminal Code of the Russian Federation) for the purpose of committing crimes related to business activities.

In 2020, the courts considered criminal cases of this category against 133 persons, of which 73 persons, or 55%, were convicted, and against 60 persons, or 45%, the criminal prosecution was terminated by the court.

According to the legislative initiative of the President of the Russian Federation, from April 12, 2020, it is stipulated that the founders, managers and employees of a legal entity, managers and employees of its structural divisions are not subject to criminal liability under Art. 210 of the Criminal Code of the Russian Federation only due to the organizational and staffing structure of a legal entity, with the exception of the case when a legal entity or its structural unit was knowingly created to commit one or more grave or especially grave crimes.

Since December 8, 2011, it has been possible to release from criminal liability a person who has committed an economic crime for the first time, subject to full compensation for damage and transfer of monetary compensation to the federal budget in the amount established by law.

Since January 8, 2020, the list of crimes subject to termination on this basis has been expanded, and therefore the number of persons released from criminal liability with compensation for damage caused has doubled.

On October 7 of this year, the Federation Council approved a law providing for the termination of criminal cases for tax crimes, subject to compensation for damage at any stage of the proceedings before the court is removed to the deliberation room.

The draft of this law was submitted to the State Duma by the Supreme Court of the Russian Federation.

Results of jury trials

Humanistic and democratic principles of criminal proceedings are implemented when criminal cases are considered by the court with the participation of jurors.

This procedure is characterized by increased standards of adversarial proceedings - in order to convince the jury of the validity of their procedural position, the participants in the proceedings are required to have special professional skills and high quality of work.

Since June 1, 2020, with the participation of a panel of six jurors, criminal cases of murder without qualifying criteria (Part 1 of Article 105 of the Criminal Code of the Russian Federation) and intentional infliction of grievous bodily harm resulting in the death of the victim through negligence have been considered in courts of the district level (Part 1 of Article 105 of the Criminal Code of the Russian Federation). 4 Article 111 of the Criminal Code of the Russian Federation).

In 2020, jury trials considered criminal cases against 1,031 persons (twice as many as in 2018, when criminal cases against 522 persons were considered through this procedure). 783 persons, or 76%, were convicted, 242 persons, or 24%, were acquitted. Cases against 6 persons were terminated.

Convictions against 155 people, or 20% of those convicted, and acquittals against 120 people, or 50% of those acquitted, were overturned and amended.

At the same time, the grounds for overturning sentences most often are significant violations of criminal procedural legislation (70%) and incorrect application of criminal law (28%). The injustice of sentences was the basis for reviewing only 2% of the number of canceled and amended sentences, and only convictions were reviewed on this basis (Articles 38925, 38927 of the Code of Criminal Procedure of the Russian Federation).

In this regard, it is appropriate to recall that at a meeting of the Supreme Council of the RSFSR on May 13, 1993, speaking in support of the adoption of a law providing for the introduction of jury trials in Russia, I drew attention to the fact that “no matter the increase in crime, no matter what no matter its dynamics, no matter how large the number of crimes, including serious ones, no court - neither a court with people's assessors, nor a court of professionals, nor a jury - will ever pass a guilty verdict if there is not enough evidence."

Noteworthy is the proposal to expand the scope of judicial proceedings with the participation of jurors, to include under their jurisdiction all criminal cases of especially serious crimes and crimes in the field of business and other economic activities, the materials of which do not contain information constituting a state secret.

This will allow more than 40 thousand defendants annually to exercise the right to have their case heard by a jury.

What is considered a criminal offense?

In order to humanize criminal legislation, the Plenum of the Supreme Court of the Russian Federation on October 31, 2020 introduced to the State Duma a draft federal law “On amendments to the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation in connection with the introduction of the concept of a criminal offense,” according to which it was proposed to extend this institution to crimes of minor gravity, not punishable by imprisonment if they are committed for the first time.

A criminal offense by its legal nature is a more dangerous act than an administrative offense, but due to its commission for the first time and due to the absence of serious consequences, the correction of the person who committed such an act is possible without criminal conviction.

Currently, the Criminal Code of the Russian Federation provides for 84 offenses of minor gravity, not punishable by imprisonment, for which 24.9 thousand people were convicted in 2019, of which 16.6 thousand people, or 67%, committed a crime for the first time.

In connection with a conviction for these crimes, the convicted are subject to about 80 prohibitions and restrictions established by law, including in the choice of professional activities, in electoral, civil and other areas.

Having a criminal record prevents citizens from socializing, finding employment, and obtaining financial services.

In this regard, criminal liability for crimes not punishable by imprisonment and committed for the first time does not correspond to the principles of justice and humanism. The proposal to consider crimes in this category a criminal offense remains relevant.

In order to improve the concept of a criminal offense, the Supreme Court of the Russian Federation conducted an additional analysis of legislation and judicial practice and prepared a new draft federal law. On October 13 of this year, the Plenum of the Supreme Court of the Russian Federation introduced this bill to the State Duma.

It is proposed to expand the scope of application of a criminal offense, including extending this institution to 7 minor crimes against property (Chapter 21 of the Criminal Code of the Russian Federation), punishable by imprisonment if they are committed for the first time and are not associated with the use of violence, including theft and fraud without qualifying criteria (Part 1 of Article 158 and Part 1 of Article 159 of the Criminal Code of the Russian Federation).

In 2020, 44.7 thousand people were convicted of these crimes, while 20.2 thousand people, or 45%, had no criminal record. 37% of those convicted were under 30 years of age.

The implementation of the proposed changes will contribute to the socialization of citizens who have committed crimes of this category for the first time, especially at a young age, and will prevent their involvement in the criminal environment.

It is also proposed to classify as criminal offenses crimes of minor and medium gravity in the field of economic activity (Chapter 22 of the Criminal Code of the Russian Federation), committed for the first time, if they did not entail serious consequences and are not associated with the use of violence and the activities of organized groups.

These are 29 crimes, including, for example, the illegal formation (creation, reorganization) of a legal entity, evasion of customs duties levied on an organization or individual, committed without qualifying characteristics, and some others.

In 2020, 744 persons were convicted of crimes of this category, of which 688 persons, or 93%, committed crimes for the first time.

The application of the institution of a criminal offense to these acts will have a positive impact on the business climate in the Russian Federation and will create new conditions for reducing the risks of doing business.

Thus, in accordance with the bill, it is proposed to extend the institution of criminal offense to 112 crimes, for which 68.1 thousand persons were convicted in 2020, including 35.6 thousand, or 52%, of persons who committed a crime for the first time.

The scope of application of a criminal offense excludes crimes for which administrative prejudice is provided, and a number of crimes with a high social danger - for example, knowingly false reporting of an act of terrorism, abuse in the procurement of goods, works, services to meet state or municipal needs, intentional causing minor harm to health, crimes against military service and others.

In accordance with the draft, a citizen is recognized as having committed a criminal offense if he has no unexpunged or outstanding convictions and provided that he has not been released from criminal liability in connection with the commission of a criminal offense within a year.

The obligation of a person who has committed certain categories of criminal offenses to compensate for the damage caused is provided; in case of failure to comply with this obligation, the person will be held criminally liable in the general manner.

Penal measures that may be imposed in connection with the commission of a criminal offense include a court fine, as well as community service and limited paid work, which are similar in content to criminal penalties in the form of compulsory and correctional labor.

At the same time, the amount of court fines, the terms of community and limited-paid work, as well as the amount of deductions from wages imposed when a criminal offense is committed are reduced by half compared to the corresponding criminal penalties.

Minors who have committed a criminal offense, in accordance with the bill, are exempt from criminal liability with the use of one of the measures of educational influence (warning, transfer under the supervision of parents or persons replacing them, or a specialized government body, imposition of the obligation to make amends for the harm caused or restrictions on leisure and the establishment of special requirements for the behavior of a minor).

Thus, the humanization of criminal proceedings implemented in the Russian Federation ensures an increase in the legal protection of citizens, and its results have made it possible to formulate new proposals for improving criminal and criminal procedural legislation.

The concept of the proposed changes corresponds to international standards for the judicial protection of human rights and fundamental freedoms, the principles of justice and humanism, moral and legal ideals that form the basis of the legal order of the Russian Federation.

Who has the right to file a complaint with the Chairman of the Supreme Court, and on what grounds?

There is a widespread opinion in Russia that not every citizen of the Russian Federation has the right to file an application with the Supreme Court of the Russian Federation. In fact, every person who believes that the decision in his trial was not quite legal and correct has the right to file an appeal to the Chairman of the Supreme Court of the Russian Federation.

The supervisory authorities of the Armed Forces of the Russian Federation usually file complaints from illegally convicted people and their representatives, as well as from a prosecutor who disagrees with a court decision.

In addition, those persons whose interests were affected during the previous trial, as well as prosecutors who believe that the defendant’s punishment was not fully carried out, have the right to file an application with the court.

Even if the Supreme Court provided a decision unsatisfactory for the plaintiff or defendant, an application for appeal can be sent to the Chairman of the Supreme Court of the Russian Federation, who can cancel any court decision if it is not legal for the victim. When can a repeated complaint be submitted to the Chairman of the Supreme Court? This issue is worth looking into.

Where to file a complaint against a judge

Important! First of all, the complaint is first sent to the chairman of the court, since at the initial stage it is he who is authorized to assess the legality of the judge’s actions.

It is impossible to skip this stage by submitting the complaint directly to the qualification board of a specific constituent entity of the Russian Federation, since its consideration will require a submission issued by the chairman.

Expert opinion

Grigoriev Egor Kirillovich

Legal consultant with 7 years of experience. Specializes in criminal law. More than 3 years of experience in protecting legal interests.

The higher authority and the Higher Qualification Board also need this representation. This document is mandatory and serves as the basis for conducting an audit of the facts specified in the complaint.

Although filing a complaint will not ensure 100% imposition of disciplinary sanctions on the judge, it will undoubtedly serve as a significant incentive for his further strict compliance with his duties and fundamental principles of justice.

The judge hearing the case must be completely objective and impartial; only in this case can we talk about the legality of the justice system.

How to write a private complaint correctly (sample)

When writing a complaint, please use the following form:

• To indicate the addressee (data of the chairman, location of the court) and the applicant (information about him and his procedural status), use the upper right corner;
• Below write what kind of document is being drawn up - “Complaint”;
• Then list the circumstances of the violation. For example, in the proceedings of Judge A. M. Fedorov of the Artemovsky City Court of the Primorsky Territory there is civil case No. 4981. The plaintiff sent the statement of claim to the court on August 15, 2020. The judge repeatedly and unreasonably postpones the consideration of the case, thereby illegally violating the permissible time limits for consideration of the case. Unlawful actions of a judge are expressed in the following: (indicate which actions of the judge, in the opinion of the complainant, are unlawful);
• Give the legal norms violated by the judge during the consideration of the case;
• State your request to take certain measures in connection with the violation. For example, speed up the procedure for considering the case and take disciplinary measures against the violator;
• Sign the completed document and indicate the date of its preparation.

Application procedure, accompanying documentation

To file a complaint with a higher court, you must first pay a state fee. You should be aware that some individuals do not pay the state fee when submitting an application. These include:

• WWII veterans;
• disabled people;
• heroes of Russia, the Soviet Union;
• plaintiffs in various types of claims regulating labor, property and non-property, and other types of relations.

After paying the state duty, you must contact the authorized body with a completed application and accompanying documents. For example, decisions of previous authorities, evidence and other documentation that is significant when filing a claim to appeal a court decision.

Complaint to the Chairman of the Supreme Court of the Russian Federation: content and sample

The procedure by which an application is submitted to the highest bodies of judicial power is established by the Arbitration Procedure Code of the Russian Federation and the Code of Civil Procedure of the Russian Federation. According to the articles included in these codes, an application submitted to the court for consideration must include the following points, while observing the structure of writing a complaint:

1. In the upper right corner, the name of the receiving structure is first indicated, and then information about the person filing the complaint (full name and address). Also, instead of the applicant, the body or organization filing the claim for consideration of the case (company, prosecutor's office, etc.) may be indicated. Below the information about the applicant is information about the persons who take part in the proceedings carried out before the court, or about the parties to the proceedings.
2. The name of the complaint is indicated in the center of the page, for example, CASSATION COMPLAINT.
3. The body of the text explains the case being appealed and the reasons why the applicant believes the decision in this lawsuit is unlawful.
4. At the end, those documents that are attached to the appeal may be indicated (decision of the lower court, evidence of the applicant’s guilt or innocence and other documents).
5. At the end of the appeal, it is necessary to indicate the date the application was written and the signature of the person who wrote the complaint.

Situations when it is necessary to write a complaint

All participants in the process have the right to appeal the actions of a judge: plaintiffs, defendants or their legal representatives, witnesses and other interested parties. The following situations may be the reason for writing an appeal:

• The time allotted for consideration of the case has been exceeded, i.e. more than 2 months (Article 154 of the Code of Civil Procedure of the Russian Federation).
• Petitions submitted by participants in the process are ignored.
• Information in the minutes of court hearings is distorted when recording the progress of the case.
• The judge behaves incorrectly and is rude to the participants in the trial.
• Requests to include evidence in the case are ignored.
• There are grounds to believe that the representative of Themis violated the principle of equality of arms and impartiality of the court.
• Obstacles are created to the parties expressing their arguments.

The trial process includes several stages. Each stage must take place within the framework of certain procedural and material requirements, which are not always observed, as a result of which violations occur. You can appeal them to the chairman of the court in which the proceedings are taking place (district, arbitration, appeal or supreme court). It is he who is authorized to assess the legality of the appeal at the initial stage of appealing the actions of the judge.

Methods of circulation

There are four ways to appeal to the Supreme Court of the Russian Federation:

1. By submitting an application in person to the authorized body;
2. By sending a registered letter to this authority;
3. By sending a letter to the department's email;
4. Write a complaint to a special section on the official website of the Supreme Court of the Russian Federation.

When drawing up an appeal, the applicant needs to be aware that the time allotted for consideration of the appeal begins from the moment the court receives documentation from the applicant.

The period for considering an appeal against a decision in a case that is made by lower authorities is unlimited, in accordance with the requirements of Russian legislation.

What can the President of the Court do?

Violation of established procedural rules, principles of legal proceedings, as well as the code of ethics for judges may result in disciplinary action. As for the benefit of such a moment for a participant in the case, this is a reason to challenge the judge. Perhaps another judge will be more attentive to the process and the parties' arguments. Proof of procedural violations committed is a reason for reviewing decisions and the case. Therefore, it is very important to file a complaint during the legal process - it is strategically more correct. After the process, it makes sense to complain if an appeal is planned.

Separately about the punishment of judges

• Comment.
• Warning.
• Termination of powers.

The judge can determine the punishment only within six months after consideration of the appeal. The maximum sentence can last no more than 2 years.

When a repeated complaint is submitted to the Chairman of the Supreme Court of the Russian Federation

It happens that the Chairman of the RF Armed Forces receives a repeated appeal. This is due to the fact that the decision of the Supreme Court of the Russian Federation itself did not satisfy the applicant, so he demands an appeal from the Supreme Judge.

The content and form of the document are the same as in the appeals that were submitted to the RF Armed Forces and did not receive the response the applicant needed. At the same time, the decision made by the Supreme Court of the Russian Federation and compelling reasons why this decision does not comply with the requirements of Russian legislation are indicated.

Situations when a complaint is appropriate

Many legal norms are not always clear to the average person, and therefore the advisability of filing complaints should be considered in a situational context. Thus, a complaint to the chairman of the court against the actions of a judge, a sample of which we will present below, can take place in the following situations:

• The judge deliberately creates a situation to delay the process, and according to the rules it can last no more than 2 months.
• The minutes of the meeting deliberately distort testimony and data.
• Incorrect behavior of the judge in the courtroom during the consideration of the case.
• Requests from participants in the process to include materials and petitions in the case are ignored.
• The judge's bias towards one of the parties, failure to take into account her testimony, questions to the plaintiff or defendant.
• If the judge creates a situation by not allowing one of the parties to express their arguments.

This list of situations cannot be called exhaustive due to the fact that different requirements apply to each stage of legal proceedings, which means that violations may have a specific nature.

Subtleties and nuances of the procedure

Applicants or their representatives need to be aware that filing an appeal to a higher court is possible in cases where no more than one year has passed since the last decision in the case made by a lower court.

Before starting to file a complaint, you need to make sure that the decision of the case made by the lower authority is illegal. If the arguments are not sufficiently substantiated by law, then, most likely, its consideration will be immediately refused.

When drawing up a document, it is necessary to include in the main part of the text references to legal acts that prove the incorrectness of the decision made by the previous authority.

After composing the text, you need to check it for grammatical, spelling, punctuation and other errors.

Thus, filing an appeal with the Supreme (Arbitration) Court of the Russian Federation seems possible to any citizen who seeks to appeal multiple decisions of lower courts, which provided rulings that do not comply with the requirements of Russian legislation. In addition, the Supreme Court of the Russian Federation is represented not only by a body that continues to consider decisions made in lower courts, but also by the primary judicial body, which has the right to consider particularly high-profile and high-profile cases. If the arguments are justified, then there is a high probability that the application will be subject to appeal, and, moreover, will be challenged in accordance with the grounds of the legislation of the Russian Federation.