Drawing up legal (legal) documents in Minsk / Supervisory complaint in a civil case: requirements and sample

ATTENTION:

• a sample supervisory complaint in a civil case is presented in the middle of the page;
• How to substantiate a supervisory complaint is written below the sample.

Filing a supervisory complaint in a civil case is distinguished by its specifics. This material discusses the requirements for drawing up a supervisory complaint, the procedure for filing such a complaint, provides a sample supervisory complaint in a civil case , and provides practical recommendations for presenting the arguments of the complaint.

What is a supervisory complaint in a civil case?

A supervisory complaint is a complaint against a court decision that has entered into legal force, which is filed with a supervisory court.

The supervisory authority is the Presidium of the Supreme Court of the Russian Federation. The Presidium of the Supreme Court consists of 13 judges consisting of the Chairman, his deputies and judges of the Supreme Court. Members of the Presidium of the Supreme Court from among the judges of the Supreme Court are approved by the Federation Council of the Federal Assembly of the Russian Federation on the proposal of the President of the Russian Federation, based on the proposal of the Chairman of the Supreme Court, and in the presence of a positive conclusion of the High Qualification Board of Judges of the Russian Federation. It is assumed that these are the most qualified and experienced professional judges.

Not all court decisions in civil cases can be appealed by way of supervisory review. But only those specified in the law (see comments to Article 391.1 of the Code of Civil Procedure). To put it simply, only if the Judicial Collegium of the RF Armed Forces considers a cassation appeal and makes a ruling based on the results, this ruling can be appealed to the court. If the cassation office refuses to transfer the complaint to the Supreme Court of the Russian Federation, the supervision stage is not available. Or these are cases that are considered by the RF Supreme Court at first instance, which have passed the appeal stage.

It is impossible to appeal decisions of district courts or magistrates directly to the Supreme Court of the Russian Federation. It is imperative to go through the substantive stages of appeal and cassation.

Government duty

Payment of the state fee is a mandatory condition for accepting an application to cancel a court act that has gained legal force.
Without this, applications will not be submitted. In this case, the court is entitled to refuse to accept this application until this deficiency is eliminated. The amount of the fee paid when sending a complaint to the supervisory authority is small.

Namely:

• individuals pay 200 rubles;
• enterprises and organizations pay 4,000 rubles;
• government agencies, the Attorney General or deputies do not pay this fee.

If there are not enough funds to pay the fee, and the time for filing the application is running out, you need to submit it with a request for a deferment in its payment. The supervisory authority issues a special act - a ruling - regarding the satisfaction of the request or otherwise.

Procedure and deadline for filing a supervisory appeal to the Supreme Court of the Russian Federation

The supervisory appeal is addressed and filed with the Supreme Court of the Russian Federation. Participants in the case, as well as third parties whose rights are affected by the court decision, can file a complaint. Thus, persons who have the right to file a supervisory appeal in a civil case have the right to appeal directly to the Presidium of the Supreme Court of the Russian Federation. The deadline for appeal in this case is 3 months from the date of entry into force of the court decision that will be appealed. This period is calculated from the moment the court decision is issued.

The missed deadline can be restored in accordance with Art. 112 Code of Civil Procedure of the Russian Federation. The application for restoration of the term will be considered by a judge of the Supreme Court of the Russian Federation, without notifying or summoning the participants. As a sample application, you can use an application to restore the deadline for filing a cassation appeal.

The basis for the supervisory complaint are only the following violations (391.9 Code of Civil Procedure of the Russian Federation). The act being appealed must violate:

• generally recognized, constitutional or international rights and freedoms of man and citizen
• uniformity in the interpretation and application of rules of law by courts
• rights and legitimate interests of an indefinite number of persons or other public interests

Terms of consideration

The total period for consideration of a supervisory complaint by the Presidium should not exceed 2 months.
However, when all documents related to the case have been confiscated from lower authorities, this period of legal proceedings is extended for another month. When considering particularly complex cases that require a lengthy study of the case materials, the period of legal proceedings is extended by 60 days in addition to the previously indicated 3 months. Extension is possible only with the consent of the chairman of this body, his deputy, about which a corresponding act is issued.

Contents of the complaint in the supervisory order

A complaint in the order of supervision in a civil case must comply in content with the requirements of Article 391.3 of the Code of Civil Procedure of the Russian Federation. When preparing a complaint, we recommend using the sample presented on the website as a basis. So, the complaint must contain:

1. name of the supervisory court: Presidium of the Supreme Court of the Russian Federation, its address: Russian Federation, 121260, Moscow, st. Povarskaya, 15.
2. name and address of the submitter of the supervisory complaint, his procedural status.
3. data of all persons participating in the case, their place of residence and procedural status (status, full name, addresses).
4. case number assigned by the first instance.
5. name of the documents - SUPERVISION COMPLAINT IN A CIVIL CASE.
6. a list of all court decisions adopted in a civil case, including the name of the first, appellate and cassation instances, details of decisions and rulings (dates of delivery and case numbers), with a brief summary of the operative parts of court decisions.
7. an indication of the court decision, which is being appealed in the supervisory order, citing arguments about its illegality and the need for revision. And be sure to indicate the reasons (see above).
8. requirements of the applicant of the supervisory complaint.
9. list of applications

If the applicant is not a party to the case, he additionally indicates how the appealed judicial act violates his rights and legitimate interests.

Duly certified copies of all court decisions that were adopted in the case are attached to the supervisory complaint. Please note that you need to attach all decisions and determinations, and not just those being appealed. Copies of court decisions attached to the supervisory appeal are certified by the court of first instance.

A complaint submitted in a supervisory procedure must be signed by the applicant himself or his representative. In this case, the representative attaches to the complaint documents confirming his authority.

When filing a supervisory complaint in civil cases, a state fee is paid in the amount paid when filing a claim of a non-property nature.

The supervisory complaint is submitted along with copies of the number of participants in the case. The applicant should not send a complaint to the participants in the case in advance, as for example when filing an appeal.

After receiving a supervisory complaint, it is examined by a judge of the Supreme Court of the Russian Federation. He may decide to return it without consideration (failure to comply with content requirements, missing a deadline, etc. violations), to transfer it to the Presidium for consideration, or to refuse to transfer it for consideration. If the transfer for consideration is refused, the applicant may file a complaint against such refusal to the Chairman of the Supreme Court of the Russian Federation.

The resolution of the Presidium of the Supreme Court of the Russian Federation comes into force from the date of its adoption and is not subject to appeal.

Procedure for consideration

Legal proceedings in the supervisory authority, according to the rules of the Code of Civil Procedure, proceed as follows.

1. If the application is submitted correctly, the authority issues a corresponding act on its acceptance into its proceedings.
2. Copies filed with the application are sent by the court to the parties involved along with the summons.
3. The judge who accepted the application and issued the corresponding act does not have the right to participate in the direct consideration.
4. At a meeting of the court composition in the supervisory authority, the circumstances of the appeal are explained to him by the judge, who accepted the complaint and acts as a rapporteur in the proceedings.
5. Other participants in the process are also entitled to provide explanations on the situation, but this is not obligatory.
6. The decision in the supervisory body is made by voting by the composition of the court with the votes of an absolute majority.

Usually the decision is not announced during the review process. Participants will be informed about this additionally.

Grounds for appeal

The grounds for filing a supervisory complaint may be those violations in the investigation that violate the fundamental principles of law. Violations may be:

1. Violation of interests during a court hearing by one of the parties to the investigation (plaintiff, defendant, witnesses);
2. Violation of international acts;
3. Contradictions in the legal norms of the Presidium.

Important! Supervision has the right to consider only those decisions that have entered into force, but, however, no more than 3 months must pass from the date of the verdict.

However, the application period may be extended if it was missed for a valid reason. These reasons are only those compelling reasons that can be documented. Other reasons cannot officially extend the application period, as they are considered disrespectful.

Supervisory authority decision

Based on the results of consideration of the application to cancel the court act that has acquired legal force, the supervisory authority is authorized to make one of the following decisions:

• about refusal to satisfy the application;
• on the cancellation of a judicial act that has acquired legal force;
• on partial amendment of a judicial act.

An act of partial amendment is adopted only in situations where elimination of violations of rights is possible without completely canceling the act.

It becomes clear that this procedure for going to court makes it possible to achieve the reversal of illegal court decisions and reversal of their consequences. However, the average example from practice shows that in very rare cases the supervisory authority will issue an act of cancellation.

On the other hand, most complaints sent to court by the Prosecutor General's Office or government agencies are more often satisfied. Therefore, ordinary citizens are recommended to act through them, for which a special appeal is sent. If they refuse to cooperate, then most likely there is no reason to cancel the act.

The legislative framework

The possibility of appealing against already adopted court decisions by filing this type of complaint is determined in Article No. 379 of the Criminal Procedure Code of the Russian Federation .

This part of the legislative document contains a list of reasons, based on which the Supreme Court can completely overturn decisions made by lower courts.

These are:

• Violation of the Criminal Procedure Code;
• Incorrect interpretation of the legislative document on which the court relied when making its decision;
• Unfair decision;
• In fact, the circumstances differ from those set out in the verdict passed by the lower court.

Also, there is a definition of the discrepancy between the sentence and the facts that were presented in the case.

These are:

• Conclusions made by the court that are not supported by the evidence base that was presented during the trial;
• During the sentencing process, circumstances that could influence the final decision were not taken into account;
• If there was conflicting evidence in the case materials , and the court decision was made only on the basis of one of its parts, without explaining its choice;
• The legality of the decision is questionable , since the verdict contains contradictory judicial conclusions.

If, after the verdict is passed, a violation of current regulatory and legal documents is discovered, the supervisory complaint will be satisfied.

This especially applies to situations where, during the proceedings, one participant was limited in his rights under the Criminal Procedure Code or completely deprived of them.

The main violations are specified in the current legislation.

These are:

• The presence of an illegal composition of the court when passing a sentence;
• Continuation of the trial, if there are full grounds for closing the case;
• The accused was not present during the consideration of the case materials, and the verdict was passed without his participation in the hearing.

A complete list of violations is given in Article No. 381 of the Criminal Law Code of the Russian Federation.

In addition, a complete list of grounds for changing or canceling a decision of a lower court is defined in the second and third parts of Article No. 409 of the Code of Criminal Procedure of the Russian Federation.