The ideal complaint to the economic board: top tips

✔️ There is an unclear question on which there is no practice.

It is best that such a business is not for a large amount, says managing partner Kulkov, Kolotilov and Partners Kulkov, Kolotilov and Partners Federal Rating. group Arbitration proceedings (major disputes - high market) group Bankruptcy (including disputes) group International litigation group International arbitration Company profile Maxim Kulkov. The law firm's argument in the complaint that all risks of fluctuations in securities quotes cannot be transferred from clients to brokers worked. Another example is when, in 2016–2018, the Supreme Court reviewed about a dozen disputes regarding compensation for personnel who quit by agreement of the parties. The court then clarified whether they reduce tax payments (one of the cases is No. A40-178063/2015).

✔️ Contradictory practice on a legal issue.

You can suggest to the court how to answer a controversial question, says Ilya Dedkovsky from KIAP KIAP Federal Rating. group Arbitration proceedings (medium and small disputes - mid market) group Compliance group Family and inheritance law group Intellectual property group (including disputes) group Dispute resolution in courts of general jurisdiction group Labor and migration law (including disputes) group Criminal law group Antimonopoly law (including disputes) group Foreign trade/Customs law and currency regulation group Land law/Commercial real estate/Construction group Corporate law/Mergers and acquisitions group International arbitration group TMT (telecommunications, media and technology) group Financial/Banking law group Bankruptcy (including disputes) group Tax consulting and disputes (Tax consulting) Company profile. Describe in detail your own solution directly in the complaint, the TAXOLOGY TAXOLOGY Federal Rating partner agrees with his colleague. group Tax consulting and disputes (Tax disputes) group Tax consulting and disputes (Tax consulting) Alexey Artyukh. The lawyer himself likes to refer in such documents to the principles of economic basis and equality of taxation. The first victory of Artyukh’s team in the economic college five years ago stands on the “foundation” of such arguments (No. A40-140893/2013).

✔️ Don’t get caught up in too many arguments.

If the case is multi-episode, then it is better to choose one moment on which to base the complaint, Artyukh advises. Indicate the norms that are most obviously violated, notes Egor Kovalev from Delcredere Delcredere Federal Rating. group Arbitration proceedings (major disputes - high market) group Bankruptcy (including disputes) Company profile. There is no need to list all possible violations. This will distract the Supreme Court judge from the most serious mistake.

✔️ In your arguments, refer to the volume/sheet of the case.

This is necessary so that the judge can easily find the evidence he needs to study after filing a dispute, explains Ilnar Abdulov from Kovalev, Tugushi and Partners Kovalev, Tugushi and Partners Federal Rating. group Arbitration proceedings (major disputes - high market) group Dispute resolution in courts of general jurisdiction group Insurance law group Bankruptcy (including disputes) group Labor and migration law (including disputes) group Pharmaceuticals and healthcare group Criminal law group Corporate law/Mergers and acquisitions 9th place By revenue per lawyer (more than 30 lawyers) 23rd place By number of lawyers 25th place By revenue.

✔️ Refer to the practice of the Constitutional Court, the ECHR and other international courts.

✔️ Be concise.

The entire text should not exceed five or six pages with intermediate conclusions. The large volume of the complaint is intimidating and often does not allow one to grasp the real issues of the dispute, says Kostovarov. It is unlikely that the court will be able to thoroughly study the 25-page complaint and find the essence there, agrees with his colleague Denis Golubev, adviser to Egorov, Puginsky, Afanasyev and partners Egorov, Puginsky, Afanasyev and Partners Federal Rating. group Antitrust law (including disputes) group Arbitration proceedings (major disputes - high market) group Compliance group Corporate law/Mergers and acquisitions group International litigation group International arbitration group Maritime law group Dispute resolution in courts of general jurisdiction group Capital markets group Family and inheritance law group Insurance law group Labor and migration law (including disputes) group Criminal law group Private capital management group Pharmaceuticals and healthcare group Financial/Banking law group Environmental law group Bankruptcy (including disputes) group Foreign trade activities/Customs law and currency regulation group PPP/Infrastructure projects group Land law/Commercial real estate/Construction group Intellectual property (including disputes) group Tax consulting and disputes (Tax consulting) group Tax consulting and disputes (Tax disputes) group Natural resources/Energy group TMT (telecommunications, media and technology) group Transport law group Digital Economy 1st place By revenue 1st place By revenue per lawyer (more than 30 lawyers) 1st place By number of lawyers Company profile.

What do you need to file a complaint?

In order for a complaint to the Supreme Court in a criminal case to be accepted, you must comply with the norms specified by law and indicate in the application:

name of the judicial authority;
Full name of the persons involved in the case and the person submitting it;
a list of all those who previously refused the application and written decisions of these authorities;
arguments supported by articles of law;
precise formulation of the essence of the matter;
listing of violations.

Any cassation appeal to the Supreme Court is a very serious matter, because a lot will depend on the decision of this body. It can be filed in the event of newly discovered circumstances and in some other circumstances, which can be obtained from a lawyer. She will not always be admitted to this particular authority, because, for example, decisions of magistrates and district courts must be appealed to the regional and district authorities.

If you do not indicate exactly what the violation of the law is in all details, then it will be rejected. Because by filing it, you have to challenge the decisions of several courts, prove that their employees interpret the laws incorrectly, but they have extensive work experience, higher legal education, and high qualifications. Only a very experienced professional can prove them wrong. He knows all the nuances, for example, how many copies of the complaint need to be made and where to send them and why exactly so many. It often seems that a person has something to do with a decision made by the court, but the judge thinks differently. All copies of documents from different authorities must be certified accordingly. You must pay a fee for this, but there are also exceptions provided by law that exempt you from paying the fee.

Last chance

When all stages of appealing the verdict have been completed, there is one last chance

The chance is rather conditional, but sometimes it works.

Not everyone understands exactly what it is - a complaint to the chairman of the Supreme Court, what this stage is and how to write to him in general. What is this - a letter or a complaint, how does the new reform affect it, what should I write?

Let's look at it in FAQ format (frequently asked questions and answers).

We use the example of a criminal case, but the logic also applies to civil cases.

Preparation of a cassation appeal. Form and content of the document

In order for the Chairman to reconsider the decision, it is important that the application he receives meets all the requirements for such documents. In particular, this document must contain the following information:

Addressee information.
Information about the applicant, including contact information for notification of the results of the review.
Case number.
Description of the circumstances of the case with references to the rules of law violated by the courts.
Reasons and arguments on the basis of which the applicant submits the complaint to the Chairman for consideration.
List of documents proposed for the application.
Date of application and signature of the applicant.

There are two ways to submit an application to the Chairman of the Supreme Court:

Handing it over to the court office in person.
By sending documents by mail.

The following documents must be attached to the application:

Cassation appeal rejected.
A court ruling that contains the grounds for refusing to consider the complaint.
Evidence of court misconduct and violations.

If the above documents are not submitted, the application will not be considered.

Types of complaints

Russian legislation provides for the following procedure for appealing a verdict of a court of first instance:

Appeal.
Appeal.
Supervisory complaint.

The first two relate to consideration of the merits of the case, while a supervisory appeal allows the verdict to be overturned on the basis of a violation of procedural rules by the court of first instance. When considering a supervisory appeal, the competent authority does not touch upon the essence of the case; it only checks the legality of the court’s actions.

Appeal

This complaint is filed after the court makes a decision on the case, but before this decision comes into force. The law specifies a one-month period for filing such a complaint. The appellate court has the power to reverse or review the decision of the lower court.

Appeal

This type of complaint can only be filed after the appeal has been decided. Such a complaint cannot be filed immediately against the decision of the district court.

From the moment the appeal decision is made, six months are given to appeal it to the cassation court. The peculiarity of this complaint also lies in the right of the applicant to demand compensation for damage caused in the process of judicial proceedings of lower authorities. However, it is necessary to justify how exactly the litigation caused damage to the applicant.

Supervisory complaint

As mentioned above, it concerns only the legality of the trial and the decisions made, without assessing the evidence in the case.

A supervisory complaint can be filed against:

Decision of the Judicial Board on the cassation appeal.
Decision of the Board of Appeal.
Verdict of the Supreme Court Appeal.
Decisions of territorial Supreme Courts after appeal.
Decisions of the Presidium of the RF Armed Forces.

The applicant has the right to appeal the listed decisions in a supervisory procedure within three months from the date of their adoption.

To summarize, it is worth noting the main differences between all three types of complaints:

An appeal is filed against court decisions that have not entered into force.
Cassation – after the appeal decision comes into force.
Supervisory - to check the legality of decisions of a number of judicial authorities.

This structure of the appeal procedure allows you to cancel a court decision in the presence of court violations of any kind, both when considering the evidence base of the case and in the application of legislative norms.

Who even reads this complaint to the chairman?

Strictly according to the law (Part 5 401.10 of the Code of Criminal Procedure), the chairman himself or his deputy must read it.

But the country is huge, it is clear that such a “big boss” will not read everything himself. And do deputies read all the complaints, much less understand them?

Of course, there is a whole apparatus for such complaints. Judging by the responses to such complaints, they do not deal with special legal motivations; they write very briefly.

The deputy chairman signs the response to the complaint.

But sometimes, although rarely, complaints work. And they request the case and return it “down.”

Therefore, you should not assume that they “recruited students” and they are issuing replies en masse. Based on this logic, there is no point in writing at all (and how can you appeal anything at all - you received a verdict and sit quietly).

The position of such nihilism* is understandable and requires respect (a person did not come to such a position out of whim, he beat so many thresholds before becoming convinced of it), but there is no point in commenting on it.

Time limits for consideration of a complaint

The Supreme Court of the Russian Federation has allocated 1-2 months for consideration of complaints. If the two-month period has expired and a decision on the complaint has not been made, the court has the right to extend the consideration period to 90 days. But the law allows this to be done only if it is necessary to request case materials for a more detailed consideration.

A complaint may be rejected without consideration if it is written in illegible handwriting or contains curse words or threats. In the latter case, she will be handed over to the police to initiate a criminal case based on the threats. It does not matter who the author of the complaint is threatening.