Supreme Court Appeal of citizens. How to make a complaint to the Supreme Court of the Russian Federation in a civil case? Sample appeal

1. General Provisions

1.1. The procedure for filing to the Supreme Court Russian Federation Documents B. in electronic format, including in the form electronic document (hereinafter referred to as the procedure for submission of documents) was developed in accordance with the provisions of the Federal Constitutional Law of 05.02.2014 No. 3-FKZ "On the Supreme Court of the Russian Federation", civil procedure Code Of the Russian Federation (hereinafter - the Code of Civil Procedure of the Russian Federation), the Federal Law of November 14, 2002 No. 137-FZ "On the introduction of the Civil Procedure Code of the Russian Federation", the Arbitration Procedure Code of the Russian Federation (hereinafter - the APC RF), the Federal Law of July 24, 2002 No. 96-ФЗ "On the introduction of the Arbitration Procedure Code of the Russian Federation", Code administrative proceedings Of the Russian Federation (hereinafter referred to as CAS of the Russian Federation), Federal Law of 08.03.2015 No. 22-FZ "On the introduction of the Code of Administrative Judging of the Russian Federation", the Criminal Procedure Code of the Russian Federation (hereinafter referred to as Code of Criminal Procedure), Federal Law of December 18, 2001 No. 177-FZ "On the introduction of the Criminal Procedure Code of the Russian Federation", Federal Law of 06/23/2016 No. 220-FZ "On Amendments to Selected legislative acts Of the Russian Federation in terms of the application of electronic documents in the activities of bodies judicial authority", Providing for the possibility of submitting documents in electronic form, including in the form of an electronic document signed by an electronic signature by filling out the form posted on the official website of the Court in the Internet information and telecommunications network.

1.2. The provisions of the Code of Civil Procedure of the Russian Federation, the APC of the Russian Federation, CAS of the Russian Federation, the Code of Criminal Procedure of the Russian Federation, providing for submitting to the Supreme Court of the Russian Federation (hereinafter - the Supreme Court, the Court) of documents in electronic form, including in the form of an electronic document signed by an electronic signature in the manner prescribed by the legislation of the Russian Federation (hereinafter referred to as documents in electronic form), by filling out the form posted on the official website of the court in the Internet information and telecommunications network, are implemented by applying this procedure for submission of documents.

Submission of requests, suggestions, applications or complaints in court in accordance with the Federal Law of 12/22/2008 No. 262-FZ "On Ensuring Access to Information on Courts in the Russian Federation", Federal Law of 02.05.2006 No. 59-FZ "On the Procedure Considering the appeals of citizens of the Russian Federation »The procedure for submitting documents is not regulated.

Submission of documents in electronic form, which contain information constituting state secret, The procedure for filing documents is not regulated.

1.3. In order to implement this procedure for submission of documents, the following basic concepts are used:

electronic document - a document created in electronic form without prior documentation on paper, signed by an electronic signature in accordance with the legislation of the Russian Federation;

electronic image of a document (an electronic copy of a paper made on paper) - a copy of a document made on paper, certified in accordance with the procedure for submission of documents by a simple electronic signature or enhanced by a qualified electronic signature by an electronic form using the scan tools.

electronic signature - electronic information attached to the signed electronic document or otherwise associated with it and allows you to identify a person signed by an electronic document;

key electronic signature - A unique symbol sequence designed to create an electronic signature. As a key of a simple electronic signature, an account of the physical person of the ESIA is used;

Yesia - Federal State Information System " one system identification and authentication in infrastructure that ensures the information and technological interaction of information systems used to provide state and municipal services in electronic form ";

appeal to the court - a document created in accordance with the procedural legislation, aimed at the Court;

the person who submits documents to the court is the applicant or his representative, a personal account user;

information system - information system of the official website of the Supreme Court of the Russian Federation or the information system "My Arbitrator";

personal Area - information resourcePlaced by B. information system Official website of the Supreme Court of the Russian Federation in the Internet Information and Telecommunications Network or in the information system "My Arbitrator", designed for implementation by participants trial the right to submit to the court of documents in electronic form;

the information system "Judicial document proceedings and office workshop of the Supreme Court of the Russian Federation" (IC "Judicial document proceedings and office work of the Supreme Court") is an information system that automates the procedural activities of the Supreme Court of the Russian Federation.

2. Conditions for submission of documents in electronic form

2.1. Personal Area

2.1.1. As part of civil proceedings (in accordance with the Civil Procedure Code of the Russian Federation), within the framework of administrative proceedings (in accordance with the Code of Administrative Judging of the Russian Federation), and within the framework of criminal proceedings (in accordance with the Criminal Procedure Code of the Russian Federation) documents are submitted through personal Cabinet, created in the information system of the official website of the Supreme Court.

As part of the proceedings in arbitration courts (in accordance with the Arbitration Procedure Code of the Russian Federation), documents are submitted through a personal account created in the information system "My Arbitrator".

2.1.2. Personal account is created on an individual who submit documents in electronic form to the court; When submitting documents by the representative, the personal account is created to the representative of the representative (hereinafter - the user, the user of the personal office). Through the personal account of the representative, documents may be filed with respect to the most submitted physical and (or) legal entities.

The personal account is created in automatic mode by confirming the personal data of the individual, including its name, name and patronymic (if available).

2.1.3. Access to the Personal Account is carried out by identifying and authentication using account Physical person ESIA (simplified, standard or confirmed).

2.1.4. When identifying and authenticating the user, through a simplified, standard or confirmed account of an individual, the ESIA may be submitted to the Court of Electronic Documents.

When identifying and authenticating the user by means of a confirmed account of an individual, an electronic document signed by an electronic signature may be submitted in accordance with the legislation of the Russian Federation.

2.2. Requirements for electronic images of documents

2.2.1. The electronic image of the document is created using the scan tools.

Scanning a paper on paper should be made on a scale of 1: 1 in black and white or gray (quality 200 - 300 dpi), ensuring the preservation of all details and authentic signs of authenticity, namely: graphic signature of the face, printing and corner stamp form (if available), scanning in full color reproduction is carried out if there is color graphic images or color text in a document, if it matters to consider the case.

2.2.2. The document electronic image file must be in PDF format (it is recommended to create an electronic image of a document with the ability to copy text).

The size of the electronic image file should not exceed 30 MB.

2.2.3. Each individual document must be presented as a separate file. The file name must allow you to identify the document and the number of sheets in the document (for example: power of attorney 45 from 03072015 1l.pdf).

2.2.4. The files and data contained in them must be accessible to work, should not be protected from copying and printing an electronic image, should not contain interactive and multimedia elements, embedded scripts in JavaScript or any other programming languages.

2.2.5. The electronic image of the document is assigned in accordance with the procedure for submitting documents with a simple electronic signature or enhanced by a qualified electronic signature.

2.3. Requirements for electronic documents

2.3.1. The electron document is initially created in electronic form without prior documentation on paper.

2.3.2. The appeal file must be in PDF format with the ability to copy text.

Document files (materials) attacked for appeals to court are presented in the format in which they are signed by an electronic signature. At the same time, files of materials and (or) documents attached to the appeals to court can be presented in the following formats:

1) PDF, RTF, DOC, DOCX, XLS, XLSX, ODT - for textual documents;

2) PDF, JPEG (JPG), PNG, TIFF - for documents with graphic content.

The file size of the electronic document should not exceed 30 MB.

2.3.3. Each individual document must be presented as a separate file. The file name should allow identifying the document and the number of sheets in the document (for example: power of attorney 34 from 05082016 1l.pdf).

2.3.4. The files and data contained in them must be accessible to work, should not be protected from copying and printing, should not contain interactive and multimedia elements, embedded scripts in JavaScript or any other programming languages.

2.3.5. The electronic document must be signed by a strengthened qualified electronic signature.

The procedure for submission of documents does not provide for the submission of electronic documents signed by a simple electronic signature or enhanced by an unqualified electronic signature.

The electronic signatures that subscribe to court and the documents attached to them must comply with the requirements for enhanced qualified electronic signature, when creating them should use PKCS # 7 (Public-Key Cryptography Standard # 7, General description of the PKCS # 7 standard, published in RFC capacity (Request for comments) with number 2315, available at http://tools.ietf.org/html/rfc2315) without switching on the data signed.

The electronic signature must be contained in a separate file (disconnected electronic signature).

When signing a document, several persons each electronic signature must be contained in a separate file.

The procedure for submitting documents does not provide for the submission of electronic documents signed by attached electronic signatures.

2.3.6. The electronic document must be signed by an electronic signature, the person, which is indicated in the text of the electronic document as a person, its signatory.

It is not allowed to submit to the court of electronic documents signed by an electronic signature of a person, which is not specified in the text of the electronic document as a person, its signatory.

3. Submission of documents in electronic form (filling out the form posted on the official website of the court in the Internet information and telecommunication network)

3.1. General requirements

3.1.1. Requirements for the form and content of documents submitted in accordance with the procedure for submitting documents are determined by procedural legislation.

3.1.2. In preparation for the direction of documents in electronic form to the court, the user of the personal account is filled with a form posted on

the official website of the court in the information and telecommunication network "Internet":

1) the case number (production) is introduced (if the proceedings are initiated);

2) indicates information about the applicant, about the participants of the trial ( this information It is also indicated in the text of the applied circulation), including:

if a participant in the lawsuit is a legal entity, its full name, the INN, the main state registration number (OGRN) is indicated (in the absence of the INN, its OGRN is indicated), the address of the location (with the obligatory indication of the postal index). If a participant in the trial is a foreign legal entity, the requirement for the instructions of the INN and OGRN does not apply;

if the participant of the lawsuit is an individual, its surname, name, patronymic (if available), date and place of birth, address of the registration of an individual (with a mandatory indication of the postal index), INN (if available) is a personal entrepreneur (for individual entrepreneurs An indication of the INN and OGRNIP must also indicate the address of the actual residence), the presence of a power of attorney issued by the person, on behalf of which documents are submitted. If there are several persons with the claimants (applicants), information about each of them is indicated. If a participant in the lawsuit is a foreign individual, the requirement for the instructions of the Inn and the OGRNIP does not apply;

if the participant of the lawsuit is public legal education, the INN and OGRN of the Authority indicates state power or organ local governments, in the person of which, according to the applicant, is public legal education;

if the participant of the lawsuit is the official of the state authority or local government, the INN and OGRN of the state authority or the local government body, in which this officer carries out its professional work activities;

if the participant of the lawsuit is military Unitnot a legal entity, indicates the Inn and OGRN relevant federal Body executive powerin which the Federal Law provides for military service;

if a participant of the trial is a body that does not have the status of a legal entity, endowed with the federal law by individual public or other public authority and created on the basis of federal Law or decisions of the federal state authority, indicate the INN and OGRN of the Federal Body, ensuring the activities of the user (or the defendant, the interested person);

if a participant in the trial is the division of the Central Bank of the Russian Federation (Bank of Russia), which is not a legal entity, indicates the INN and OGRN of the Central Bank of the Russian Federation;

if a participant in the trial is a body that does not have a legal entity given by law by individual state or other public powers and created on the basis of the decision of the state authority of the constituent entity of the Russian Federation, indicates the INN and OGRN of the Supreme Executive Body of the State Power of the Relevant Subject of the Russian Federation;

if the participant of the lawsuit is the body (for example, the Administrative Commission), which does not have the status of a legal entity, endowed with the law of individual authority to solve issues local significance, state or other public powers and created on the basis of the decision of the local government authority, indicates the INN and OGRN of the local administration (the executive and administrative body of the relevant municipality);

3) indicate phone numbers (mobile, stationary), fax numbers (if available), email addresses and other required information;

4) the addressee of the appeal is indicated;

5) The type of appeal to the court is selected, its details are specified and the files of the submitted documents are loaded.

3.1.3. A document confirming the powers of the Representative (Article 54 of the Code of Civil Procedure of the Russian Federation, Article 62 of the APC RF, should be attached to the court, Article 62 of the APC RF, Article 56 of the Code of Criminal Procedure.

In accordance with the Code of Civil Procedure of the Russian Federation, the APC RF, CAS RF:

power of attorney is presented in the form of an electronic document signed by a reinforced by a qualified electronic signature of the submitted person, or in the form of an electronic image of a document certified by a strengthened electronic signature of the submitted person or an electronic image certified by a simple electronic signature or a strengthened by a qualified electronic signature of a person submitting documents;

the order for execution of the order issued by the relevant lawyer education is presented in the form of an electronic image of a document certified by a strengthened qualified electronic signature officerwho issued an order or certified by an electronic signature or enhanced by a qualified electronic signature of a person submitting documents;

if the appeal to the court in accordance with the legislation and the procedure for submitting documents should be signed (certified) with a strengthened qualified electronic signature, when submitting such an appeal in electronic form, a power of attitust is applied, signed (certified) with an increased qualified electronic signature of the submitted person.

In accordance with the Code of Criminal Procedure:

the power of attorney is presented in the form of an electronic document signed by an enhanced by a qualified electronic signature of the submitted person or in the form of an electronic image of a document certified by the represented by a qualified electronic signature of the submitted person;

a warrant for execution of the order issued by the relevant lawyer education is presented in the form of an electronic image of a document certified by an enhanced by a qualified electronic signature of an official who issued an order.

3.2. Submission of documents within civil proceedings (in accordance with the Civil Procedure Code of the Russian Federation)

3.2.1. Court appeal and the documents attached to it may be submitted to the court in the form of electronic documents signed by a strengthened by a qualified electronic signature of a person submitting documents (applicant or his representative), or in the form of electronic images of documents certified by a simple electronic signature or a strengthened qualified electronic signature Persons submitting documents.

The appeal to the court, which, according to the Code of Civil Procedure of the Russian Federation, should be signed by a strengthened qualified electronic signature (for example, a petition for the suspension of the execution of the court decision) is submitted to the court in the form of an electronic document signed by the person who submitted by the qualified electronic signature of the person submitting documents (applicant or its representative), Either in the form of an electronic image of a document certified by a strengthened by a qualified electronic signature. At the same time, a reinforced qualified electronic signature, which is certified by the electronic image of the document, should belong to the person who signed the document on paper.

3.2.2. If the appeal to the court in the form of an electronic document or in the form of an electronic image of a document is signed (certified) with a strengthened qualified electronic signature, electronic images of documents attached to the court, are considered certified by a strengthened qualified electronic signature.

3.2.3. The appeal, cassation and supervisory complaints, the appeals are attached by the appealed by the court decisions, in the form of electronic documents signed by a strengthened by a qualified electronic signature (signatures) of the judge (judges), who adopted (adopted), or electronic images of the contested decisions, certified by the reinforced qualified electronic signature of the judge , presiding the case, chairman of the court (Deputy Chairman of the Court) or an authorized employee of the court apparatus.

3.3. Submission of documents within the framework of legal proceedings in arbitration courts (in accordance with the Arbitration Procedure Code of the Russian Federation)

3.3.1. Court appeal and the documents attached to it may be submitted to the court in the form of electronic documents signed by a strengthened by a qualified electronic signature of a person submitting documents (applicant or his representative), or in the form of electronic images of documents certified by a simple electronic signature or a strengthened qualified electronic signature Persons submitting documents.

The appeal to the court, which, according to the APC of the Russian Federation, should be signed by an increased qualified electronic signature (for example, a petition for the suspension of the execution of a judicial act) is submitted to a court in the form of an electronic document signed by an increased by a qualified electronic signature of a person submitting documents (applicant or his representative), Either in the form of an electronic image of a document certified by a strengthened by a qualified electronic signature. At the same time, a reinforced qualified electronic signature, which is certified by the electronic image of the document, should belong to the person who signed the document on paper.

3.3.2. If the appeal to the court in the form of an electronic document or in the form of an electronic image of a document is signed (certified) with a strengthened qualified electronic signature, electronic images of documents attached to the court, are considered certified by a strengthened qualified electronic signature.

If the appeal to the court is filed in the form of an electronic image of a document, such an appeal and the accompanying electronic images of documents are considered certified by a simple electronic signature of the person submitting documents.

3.3.3. The appeal, cassation and supervisory complaints, ideas that appealed judicial acts are attached by selecting a user of a copy of the relevant judicial act from the information system "Card Self-Arbitration".

The appealed judicial acts can be applied to the appeal, cassation and supervisory complaints, ideas in the form of electronic documents signed by an increased qualified electronic signature (signatures) of the judge (judges), who adopted (adopted) judicial acts or electronic images of the contested judicial acts certified by the reinforced qualified An electronic signature of the judge presiding the case, chairman of the court (Deputy Chairman of the Court) or an authorized employee of the court apparatus.

3.4. Submission of documents within the framework of administrative proceedings (in accordance with the Code of Administrative Proceedings of the Russian Federation)

3.4.1. Court appeal and the documents attached to it may be submitted to the court in the form of electronic documents signed by a strengthened by a qualified electronic signature of a person submitting documents (applicant or his representative), or in the form of electronic images of documents certified by a simple electronic signature or a strengthened qualified electronic signature Persons submitting documents.

The appeal to the court, which, according to the CAC of the Russian Federation, should be signed by an increased qualified electronic signature (for example, a petition for the suspension of the execution of a judicial act) is submitted to the court in the form of an electronic document signed by an enhanced by a qualified electronic signature of a person submitting documents (applicant or its representative), Either in the form of an electronic image of a document certified by a strengthened by a qualified electronic signature. At the same time, a reinforced qualified electronic signature, which is certified by the electronic image of the document, should belong to the person who signed the document on paper.

3.4.2. If the appeal to the court in the form of an electronic document or in the form of an electronic image of a document is signed (certified) with a strengthened qualified electronic signature, electronic images of documents attached to the court, are considered certified by a strengthened qualified electronic signature.

3.4.3. The appeal, cassation and supervisory complaints, ideas are attached to the applicable judicial acts in the form of electronic documents signed by an increased by a qualified electronic signature (signatures) of the judge (judges), who adopted (adopted) judicial acts or electronic images of the contested judicial acts certified by a strengthened qualified electronic signature Judges, the chairman of the case, the Chairman of the Court (Deputy Chairman of the Court) or an authorized employee of the court apparatus.

3.5. Submission of documents within the framework of criminal proceedings (in accordance with the Criminal Procedure Code of the Russian Federation)

3.5.1. The appeal to the court is filed in the form of an electronic document signed by an enhanced by a qualified electronic signature of a person feeding, or in the form of an electronic image of a document certified by a strengthened by a qualified electronic signature of a person feeding.

The materials (documents) are applied to the court (documents) are filed in the form of electronic documents signed by a strengthened by a qualified electronic signature, or in the form of electronic images of documents certified by a strengthened qualified electronic signature. At the same time, electronic documents made by other persons, organs, organizations in free form or form established for these documents by the legislation of the Russian Federation should be signed by them enhanced by a qualified electronic signature.

3.5.2. At the appeal, cassation and supervisory complaints, ideas are made by copies of the contested court decisions in the form of electronic documents signed by an enhanced by a qualified electronic signature (signatures) of the judge (judges), adopted (adopted) appealed judicial decisionor electronic images of the facilitated court decisions, certified by the strengthened by a qualified electronic signature, the judge presiding for the case, chairman of the court (deputy chairman of the court) or an authorized employee of the court apparatus.

4. Completion of submission of documents

4.1. Upon completion of the downloads of files containing the appeal and the documents attached to it, after checking the correctness of the entered user, selecting the appropriate option, sends documents to court.

4.2. After the direction of documents to the Court of documents, the user comes to the personal account comes to receive documents into the information system containing the date and time of the receipt of documents.

4.3. The date and time of receipt of documents into the information system are determined by Moscow time, fixed automatically and taken into account by the court when considering the issue of compliance with the direction of appeal to the court according to procedural legislation (Part 3 of Article 108 of the Code of Civil Procedure of the Russian Federation, Part 6 of Article 114 of the APC RF, Part 4 of Article 93 of the CAS RF, Article 129 of the Code of Criminal Procedure of the Russian Federation).

4.4. Viewing documents submitted to the court in electronic form is carried out by an employee of the court apparatus responsible for receiving documents in electronic form, which should make sure that the documents received to the information system are addressed to the court, are accessible to reading, are decorated in accordance with the procedure for filing documents, including compliance with the requirements for the presence of a graphic signature of a person in the electronicization of appeal to the court, electronic signature requirements. If these conditions are met, the user in the personal account is sent notice to receive documents submitted in the electronic form. The notification indicates the name of the court sending the notice, the name of the received appeal to the court and the accompanying documents, the date and time of receipt of the appeal to the information system and the date and time of its receipt by the court. The notification may also indicate the number of the relevant court case (production).

If the above conditions are not met, the user is sent notice that the documents cannot be recognized by the arrivals. The notification indicates the reasons for whom the documents can not be considered to be submitted.

4.5. Documents are rejected for the following reasons:

1) the appeal to the court is not addressed to this court;

2) the appeal to the court is identical to the previously directed appeal;

3) documents are unreadable, in particular: the pages of the document (documents) are inverted; Document (documents) contains not all pages; There is no possibility to determine the presence of all pages (no numbering); The file does not have an electronic document or an electronic image of the document; There is no connected text;

4) the appeal file and (or) files of the documents attached to it are presented in the formats not provided for by the procedure for submitting documents;

5) appeal to the court and (or) the documents attached to it are not presented in the form individual files: One file contains several electronic documents or several electronic images of documents. The name of the files does not allow identifying the documents in them contained;

6) Court and (or) file files and (or) files and (or) data contained in them are not available for work, in particular: protected from copying and / or printing, contain interactive or multimedia elements, embedded scripts in javascript or any other programming languages;

7) in violation of the legislation and the procedure for submitting documents, the appeal to the court in the form of an electronic document is not signed by a strengthened qualified electronic signature or appeal to the court as an electronic image of the document is not certified by a strengthened qualified electronic signature;

8) the electronic image of the appeal to the court does not contain a graphical signature of the person who has applied to the court;

9) The electronic signature does not correspond to the formation or format established by the procedure for submitting documents. A reinforced qualified electronic signature did not check: at the time of signing the document, the validity of the certificate of the electronic signature expired, the electronic signature does not comply with the document, the document has been changed (modified) after signing it by an electronic signature;

10) the case number (production) specified by the user when submitting documents does not correspond to the number of the case (production) indicated in the appeal to the court;

11) to contact the court filed by the representative, a document is not attached confirming the powers of the representative to present documents to the Court;

12) violated other requirements for electronic documents and (or) electronic images of documents, installed ordinary Submission of documents.

4.6. For the purposes of admission to judicial case (production) printed:

a copy of the appeal to the court received in the form of an electronic image of a document or electronic document;

information on the results of verification of the strengthened qualified electronic signature of the electronic document, including information on the enhanced qualified electronic signature, which is signed by an electronic document;

information on the results of verification of the enhanced qualified electronic image signature of the document, including information on the enhanced qualified electronic signature, which is signed by an electronic image of the document;

information about a simple electronic signature, which is certified by an electronic image of the document.

If necessary, printed and joined on paper to the materials of the court case (production) copies of documents received in electronic form.

4.7. Documents received in the information system should be registered with IP "Judicial document proceedings and office work of the Supreme Court".

4.8. Reception, accounting and registration of documents received in electronic form are produced in the same manner in which the reception, accounting and registration of documents on paper is carried out.

Overview of the document

Approved the procedure for submitting to the Supreme Court of the Russian Federation (Armed Forces) of documents in electronic form, including in the form of an electronic document. It provides for the possibility of filing such documents by filling out the form posted on the official website of the court on the Internet.

Thus, within the framework of civil, administrative and criminal proceedings, documents are submitted through a personal account created in the information system of the official website of the Russian Armed Forces. As part of the legal proceedings, arbitration documents are submitted through a personal account created in the "My Arbitrator" information system.

Installed requirements for electronic images of documents. In particular, the electronic image of the document is created using the scan tools. Scanning a paper on paper should be made on a scale of 1: 1 in black and white or gray (quality 200-300 dpi). The electronic image file must be in PDF format, its size should not exceed 30 MB.

Defined the order of filling out the form posted on the site of the court. In particular, the case number (production) is introduced (if the proceedings are initiated); Information about the applicant is indicated, about the participants of the trial (this information is also indicated in the text of the applied circulation).

Documents received in electronic form should be registered in IP "Judicial document proceedings and office work of the Supreme Court". Reception, accounting and registration of such documents are made in the same manner in which the reception, accounting and registration of documents on paper is carried out.

If necessary, to introduce to the materials of the court case (production) a copy of documents received in electronic form, they are printed and joined on paper.

It is well known that the supreme body of the judiciary in the Russian legal system The Supreme Court of the Russian Federation is represented. His task to disassemble special cases, so the complaint to the Chairman of the Arbitration Court may be filed, according to the law, absolutely any citizen who requires the re-proceedings of his judicial dispute. About when and how can a complaint addressed the name of the Sun chairman, described in this article.

In what cases is the claim to the Chairman of the Supreme Court?

The appeal, which is carried out in the address of the Supreme Court of the Russian Federation, is not easy for any cause, and in the event that the case was considered in court, after which the appeal was held. The main type of situations that understand the Supreme Court of the Russian Federation is a statement submitted to the re-consideration of the case. In addition, there are several more types of complaints, which are considered by the Chairman of the Armed Forces of the Russian Federation. These include:

the most difficult, loud and resonant cases that are recognized as such criminal, civil and Administrative codes Russian Federation. In this case, the likelihood that the Russian Armed Forces will be a primary court considering this case;
legal proceedings that have been repeated several times and not one of the parties is dissatisfied with the decision of the dispute;
analysis of those proceedings that were disassembled earlier. The data obtained is processed and systematized, based on which statistical data is formed;
a detailed explanation of the stroke and the result of litigation;
court processes related to international treaties, or with international agreements.

Court higher instance Appeals are considered, the purpose of which is to challenging the decision made by the lower court authorities or the Armed Forces themselves, which has not yet had time to enter into force. Total two colleges are dealing in this matter. The appellate board is engaged in considering the proceedings produced in the Supreme Court of the Russian Federation. The task of the group of colleges responsible for criminal, economic, civil, administrative and other types of judicial processes, consider cases disassembled at the lowest levels.

Cassation complaints are based on all vessels, except district, and are sent for consideration by the chairman of the Russian Armed Forces in order to revise the decision. In addition, this case is submitted to appeal in cases where it was challenged in the judicial bodies of the subject of the Russian Federation and did not bring the desired result to the parties.

It is possible to submit an oversight appeal to the Sun, which disassembles cases from different areas, edges, republics, etc. It considers those solutions that have already entered into force on the law. Appeal takes place in the Presidium of the Supreme Court of the Russian Federation, where it is possible to be transferred to the Commissioners on this by the Boards.

In the structure of the Armed Forces of the Russian Federation there are several supervisory services.

The applicant's request for an unsatisfactory court decision can be both a change in the court order and its complete cancellation.

Who is entitled to file a complaint to the Chairman of the Supreme Court, and on what grounds?

In Russia, it is common that not every citizen of the Russian Federation has the right to submit an application to the Supreme Court of the Russian Federation. In fact, to file an appeal to the chairman of the Armed Forces of the Russian Federation, every person, who believes that the decision on his judicial process was not quite legitimate and correct.

The supervisory authorities of the Russian Federation usually give complaints illegally convicted people and their representatives, the prosecutor, without consistent with the court decision.

In addition, it is entitled to apply to the court those persons whose interests were touched upon during the previous trial, as well as prosecutors who believe that the punishment of the defendant was not fully implemented.

Even if the Supreme Court was granted a decision unsatisfactory for the plaintiff or the defendant, then you can send an application for appealing to the Chairman of the Supreme Court of the Russian Federation, which may cancel any judicial decision if it is not legal for the victim. When can I submit a re-complaint with the Chairman of the Supreme Court? With this question should be dealt with.

Procedure of circulation, accompanying documentation

To submit a complaint to the highest authorities, you must first pay the state duty. It should be aware that some faces do not pay the state duty when applying. These include:

veterans of the Warm;
disabled;
heroes of Russia, Soviet Union;
plaintiffs on various kinds of claims regulating labor, property and non-property, and other types of relationships.

After the work of payments on the state duty, contact the authorized body with a compiled statement and the documents attached to it. For example, the solution of previous instances, evidence and other documentation, which is a weighty when applying for a court decision.

Complaint Chairman of the Supreme Court of the Russian Federation: Content and sample

The order according to which the application is submitted to the higher authorities of the judiciary and the APC of the Russian Federation and the Code of Civil Procedure of the Russian Federation are established. According to the articles included in these Codes, the application submitted to the court should include the following points, while following the statistics of writing complaints:

In the upper right corner, the name of the host structure is first indicated, and then information about the face submitting a complaint (F. I. O. and the address). As well as instead of the applicant, a body or an organization may be specified for consideration of the case (company, prosecutor's office, etc.). Below information about the applicant is information about persons who take part in the proceedings carried out in the court bodies, or the sides of the proceedings.
In the center of the page indicates the name of the complaint, for example, a cassation complaint.
The main text explains the case to appeal, as well as the reasons why the applicant considers the decision on this trial illegal process.
At the end, those documents that are attached to the appeal may be indicated (decision of the lower court, evidence of the fault or innocence of the applicant and other documents).
At the end of the appeal, it is necessary to specify the date of writing the application and the signature of what has written the complaint.

The grounds presented in the text of the statement should be sufficiently sufficiently, otherwise the Chairman of the Supreme Court has the right to refuse the applicant at the beginning of the process in its case.

Sample complaints in the Armed Forces of the Russian Federation:

In ________ (name of the court or judicial instance)

from______________

(surname, name, patronymic and address of the claiming person)

Persons involved in the process: ____

(F. I. O. and addresses of all who participate in the proceedings)

Appeal complaint

On _________ (criminal, administrative, etc.) on the decision of the court
08.2017 The court _________ was made a decision on ________________ Case ______
09.09.2017 The case was considered in appeals instance___________

I think that the decision of __________ was violated the norms of the law ______

Application list:
1._______________

2.________________

3._______________

4._______________

Date, signature (decoding)

Methods of circulation

To contact the Supreme Court of the Russian Federation with a request for appeal to four ways:

With the help of personal application to the authorized body;
Through the direction of the registered letter to this domineering body;
By sending a letter to email departments;
Write a complaint to a special section on the official website of the Supreme Court of the Russian Federation.

The applicant in drawing up appeal needs to be aware that the time settled for consideration of the appeal begins from the moment the applicant's documentation is obtained.

The term of consideration of the appeal of the decision on the case, which produced by the lowering instances is unlimited, according to the requirements russian legislation.

When a re-complaint is served by the chairman of the Armed Forces of the Russian Federation

It happens that the chairman of the Armed Forces of the Russian Federation receives a re-appeal. This is due to the fact that the decision of the Supreme Court of the Russian Federation did not satisfy the applicant, so it requires appealing from the Supreme Judge.

Subtleties and nuances of the procedure

Applicants or their representatives need to be aware that the appeal to appeal in supreme Court It is possible that no more than one year has passed since the last decision in the case made by the lower authority.

Before the start of the complaint, make sure that the decision made by the lower authority is illegal. If the arguments are not sufficiently informed right, then, most likely, it will be immediately denied in its consideration.

When drawing up a document, it is necessary to include links to the main part of the text. regulationsproving the infidelity of the decision made by the previous instance.

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

Thus, the appeal to the supreme (arbitration) court of the Russian Federation seems to be possible to any citizen who seeks to appeal the multiple decisions of the lower courts, which were provided by the decisions that do not meet the requirements of Russian legislation. Moreover, Supreme Court The Russian Federation is represented not only by the authority that continues the consideration of the decisions produced in the lower judicial institutions, but also the primary judicial authority, which is entitled to consider particularly loud and resonant cases. If the arguments are reasonable, then there is a high probability that the application will be subject to appeal, and besides, it will be challenged in accordance with the basis of the legislation of the Russian Federation.

According to Russian federal legislation, the Supreme Court has the highest legal force on the consideration of various disputes (administrative, criminal, civil) between physical or legal entitiesAs a result, any complaint to the Chairman of the Supreme Court will be an indisputable basis for re-examining the case and institution of proceedings.

This document plays a decisive role and may have a decisive importance on the outcome of the proceedings. Although the Supreme Court of the Russian Federation and is called "the truth in the last instance", it is worth remembering that this state body It can act in the role of the primary instance: it all depends on the content of the case. That is why when writing a complaint should be relying not only on knowledge of legislation, but also be able to argue their arguments in the correct sequence. In this article, we will consider the main types of claims in the Armed Forces of the Russian Federation, the order, deadlines and the main nuances of their compilation.

List of the main powers of the chairman of the Armed Forces of the Russian Federation

According to a hundred and twenty-sixth article of the Constitution of Russia, the Supreme Court is the head of justice in relation to ordinary vessels, which conducts supervisory and judicial functions, as well as organizational methods for managing the entire system. Another aspect of the activities of this body of the judiciary is the interpretation of laws and regulatory acts.

In turn, the Chairman of the Supreme Court of the Russian Federation occupies a key role in the work of this state body. It is to his competence that the determination of the legality of the act or the degree of its severity is. Federal Assembly Appoints the Chairman of the Supreme Court for six years with the permission of the head of state and the specialized authority.

The main powers of this official belong:

as a judge of the Supreme Procedure Authority of the Russian Federation, has a wide range of procedural powers (consideration of cases in the last instance, appealing decisions of subordinate judicial bodies; However, the complaint addressed to the Chairman of the Supreme Court can only be filed in accordance with the established procedure and time);
performs an organizational function of interaction judicial system, on the functioning of individual elements of this system ( arbitration courts, justice bodies of the middle and lowest link, various officials);
creates and participates in the work of the Plenum of the Armed Forces of the Russian Federation in permanent and extraordinary meetings, and also takes an active part in the introduction of cases;
defines persons to the position of judges general jurisdiction and judges of the judicial authority led by him (the appointment is carried out by the head of state);
participate in appointment general Director Judicial Department (this requires the consent of all members higher Organ Justice).

Thus, the Chairman of the Supreme Court of the Russian Federation complies with a number of major organizational and socially significant tasks in managing all the system of judicial power. He may occupy a judge during an unlimited number of deadlines until a certain age achieve.

Classification Complaints

The complaint to the chairman of the Russian Armed Forces of the Russian Federation can only be filed in case of refusal to the courts of general jurisdiction. To contact this state body necessarily the presence of an exceptional, reasoned occasion. Often, this kind is made to consideration if additional circumstances were discovered.

In this instance, three types of complaints are considered:

Appeals.
Cassation.
Iska supervisory nature.

The appeal is established in refusing to study the materials of the case by the courts of the primary instance. This decision should be at the adoption stage, that is, before filing the claim, it should not enter into force. When considering this document, the actual base of the case, the main provisions and formulations are taken into account.

The cassation appeal differs significantly from the appeal, as it has its own order and terms of treatment. Note that this kind of application is formed to provide legal rights Subjects judicial trial. The basis for the re-consideration of the case is: new provisions of the case and the cancellation of decision by the lower body. This is either the court of first instance, or the structure authorized to considerse the appeals.

It is worth noting that such a claim is also called a re-complaint with the Chairman of the Supreme Court, but this is rooted incorrectly. This kind of complaint is heading to an authorized institution for the denial of the decision of the lower court, which has entered into force. At the same time, the task of the Supreme Court of the Russian Federation - either to confirm the legality of the sentencing, or to establish the misunderstanding of the decision.

As for the supervisory complaint, it is worth noting special order Feed. This kind of lawsuit goes to the Presidium of the Supreme Court of the Russian Federation, which is endowed with an expanded list of powers. To submit a claim in the supervisory procedure, the court decision should come into force and go through the procedure of appeal proceedings in the Armed Forces of the Russian Federation.

Drawing up a supervisory claim - this is the last step in challenging your interests, therefore, to the compilation of this kind of the statement It is necessary to approach with full responsibility. However, it is at this stage that there are unforeseen distortions of the provisions of the case, the fatal mistakes from the hired defenders.

Appeals complaint: features and basic rules

The Supreme Court of the Russian Federation, operating as an appeal instance, relies on the position of the third head of the CCP, as well as some articles of the APK. At this stage, there is a revision of decisions that have not entered into force.

The conclusion of the court is carried out in the same way as in the first instance, that is, in accordance with the following rules:

on the second time, the hearings of witnesses, employees of various instances, representatives of both parties to the case are held;
there is a re-evaluation of evidence;
if there is such a need, new conclusions of specialized authorities and various structures are added to the previous provisions of the case.

The work of the court in this situation is motivated by the interests of legality. It is entitled to cancel those conclusions of the lower organs, which will consider fictitious, even if these provisions do not affect the case. An appeal by its structure and directivity almost exactly repeats the claim or the respondent's objection.

It is worth noting that the sample of the application is drawn up in the corresponders with the information set forth in three hundred and twenty-second article of the Civil Procedure Code.

The deadline for filing a document is one calendar month after determining the verdict of the lower court. If the defendant was not present at the last meeting, the appeal period of the result begins with the moment of notification of the person.

Cassation complaint: Features and sample application

Separate chambers of the Russian Federation are justified by a number of major socio-political issues.

Forty The first article of the Civil Procedure Code states that this is involved in revising:

Conclusions garrison courts (after their entry into force).
Appeals and decisions of the presidium of these state bodies.
Conclusions of district or regional courts.
Appeals of vessels narrow specialization of the lower link.

Practicing that the cassation in the court under consideration is filled, if the decision of the first link court was appeal and has already entered into force. Such a procedure is also applied for six months after the verdict is a second-link court (there is also the possibility of restoring the missed deadline with a substantiated petition of the authorized person).

The sample of the complaint should contain provisions in accordance with three hundred seventy-eighth Article Code of Civil Procedure. At this stage of judicial appeal, the Supreme Court carries out inspection legal norms both procedural and material nature. Thus, there is no need to carefully describe the facts of the case. This is due to the fact that the cassation instance does not evaluate the parties of legal relations - it performs certain actions on the abolition of non-violent solutions.

It is mistaken that the cassation is considered by the Higher National Court with any content of the case.

This kind of law will not be satisfied if it is possible to restore the filtered rights - the interpretation of the verdict, its explanation, correction in the text of spelling lack of or arithmetic errors.

Supervisory Complaint: Justifications and Flow Methods

The third step in appealing the decision of the court is an oversight complaint. It is drawn up in the name of the Chairman of the Supreme Court of the Russian Federation after re-refusing to satisfy the applicant's rights. The term of appeal to the authorized body with a supervisory complaint amounts to three months from the date of entry into force of the decision of the Second Room. For the defendants, the state duty is also expected. However, timely appeal and payment of the established amount of duty in no way guarantees the rapid adoption of this case for consideration.

In most cases, Sun, acting as a supervisory instance, does not find significant reasons for the beginning of the proceedings (complaining to the refusal to adopt a supervisory claim with a legal party can be, but it is not enough). Therefore, it is worth considering the basis of cancellation or cancellation of the previous verdict.

According to three hundred ninety-first article GPK Of the Russian Federation and the provisions of the Code of Criminal Procedure, the supervisory instance has grounds for cancellation and cancellation of verdicts of lower courts in the case of:

violations of human rights and freedoms enshrined in the federal law;
if, the offense is multilateral in nature, that is, affects the interests of the whole society as a whole or a certain circle of persons;
the presence of undisputed contradictions in the verdicts of the lower entities of the judicial system (often contradictions relate to law enforcement of monotonous practice).

The main reason for the compilation of the supervisory complaint is the main provisions of the Plenum of the Supreme Court of the Russian Federation, as well as the so-called judicial precedentsStaging re-protest.

This stage requires careful, painstaking training - to draw up an effective sample need to be preliminary analysis judicial practice And on the particles to assemble the finished picture of the contradiction set forth in the verdict of the second instance.

Upon rejection of a supervisory claim, the defendant has the right to re-examine the request, it can also contact international judicial structures. Another way is a peaceful agreement - it is carried out already at the verdict entry stage in legal force.

However, the supervisory complaint still remains the last step towards appealing its own interests.

Compile and filing a complaint

As already mentioned, the appeal to the claim in the Armed Forces of the Russian Federation is carried out only in special cases and, if there is a reasonable occasion. Most often, such a statement is filed against judicial verdicts, which came into effect either when opening the additional circumstances of the offense. In any case, when applying for a complaint to the highest judicial authority, the country should be aware of what an advantage is not available to everyone and with a limited list of circumstances.

When drawing up a document, it is worth strictly observed the provisions of the Code of Civil Procedure of the Russian Federation. The application for all the rules of statements should be carried out in the deadlines defined by law. Terms and conditions for filing a complaint may differ significantly depending on its direction. To be confident in the correct writing of the document, we recommend you to familiarize yourself with the main nuances - most of them can be found on the official website of the Supreme Court of the Russian Federation in the section of appealing judicial verdicts of lower courts.

Special attention is paid to appeal against decisions in a criminal case. The forty-eighth head of the Code of Criminal Procedure establishes the procedure and period of filing supervisory claims on criminal offenses to the Supreme Court of the Russian Federation. The application is sent in the form of a custom letter with inclusion necessary documents (photocopies, receipts on payment of state duty).

The claim for a criminal case is filed by the following groups of persons:

A condemned person.
The victim.
Employees of advocacy.
Employees of the prosecutor's office of federal significance.
Third parties related to the case under consideration.

Calling the decision of the lowering instances in a criminal case through the appeal to the Supreme Court of the Russian Federation can be within one year after the verdict.

At the same time, the appeal must be compiled in all the rules of the CCP, otherwise the lawsuit will be rejected and the re-submission of the claim will be required, which is often impossible after the expiration of the statutory period.

How to make a complaint?

The legislation of the Russian Federation indicates the basic rules for filling the lawsuits to the highest judicial authority of the country.

In accordance with this, any appeal must include:

accurate and complete name of the judicial structure;
data on the face, compilement of circulation;
information on the contested verdict - participants of both parties, full information on legal proceedings in the lower instance;
additional information includes a list of state and not state Structuresinvolved in the jurisdiction of this case;
the main provisions of the contested verdict and reasonable causes of filing a complaint.

It is worth noting that each type of complaints to the Supreme Court of the Russian Federation implies certain nuances of compilation and filing. That is why in the absence of legal knowledge in this field and the need to appeal the result of the trial in the highest instance, we recommend to seek help from a specialist. It is currently easy to do with all sorts of advisory services on the Internet.

If you plan to independently appeal the decision of the judiciary, then the sample of the standard circulation in the Armed Forces of the Russian Federation and the example of cassation in this structure (as one of the most common) are presented.

A prerequisite for the study of the claim by the Chairman of the Supreme Court is the presence of photocopy of decisions authorized by an authorized court. Please note that copies are subject to preliminary assessment and certification by the state structures involved in their adoption. The issuance of copies is carried out in conjunction with the payment of duties. Its size is minimal, in most cases it is fifty percent of the price of the state duty - this is paid when dealing with the claim of a non-property nature. Today, the duty is drawn up five hundred rubles for citizens of the Russian Federation.

Remember that the complaint addressed to the Chairman of the Supreme Court of the Russian Federation is a very responsible process that involves the study of some features and specifics of legal proceedings. Before you decide to address this structure, try to evaluate the possibility of a positive result. Otherwise, you can spend a bunch of time and nerves and not achieve the desired.

Participants in court case can be dissatisfied with the decision. Submitted appeal does not solve the problem. The cassation appeal to the Supreme Court of the Russian Federation will help restore the violated rights. This document is compiled according to a certain form and sent to the higher authority to change the definitions of the courts of the first and second instance and the protection of the interests of the activities of the case.

The grounds for filing a cassation complaint

The abolition of the decision in view of the violated norms of the law during the consideration of the case is the main purpose of filing a complaint.

The court of cassation will not study the actual side of the case, collect evidence, attract new person involved - this is not in its competence. It will evaluate:

action of lower courts;
compliance with legislation;
possible procedural disorders;
the legitimacy of the decision.

Only one reason is the basis for writing a complaint: dissatisfaction of the participants in the process of the adopted resolution.

Procedure when contacting

Before you contact the cassation, you need to take measures to restore justice by issuing an appeal.

The hierarchy of submission of documents is as follows:

Judicial act of the first instance.
An appeal petition to the higher authority.
Cassation complaint to the Supreme Court of the Russian Federation.

The state body of the judiciary, where the appeal of the plaintiff and where the circumstances of the case are investigated first instance.

The higher authority, which accepts the appeals of the project personnel, disagreeable with the decision of the previous state institution - second instance.

Supreme Court - top order.

He is authorized:

carry out control of state judicial bodies;
lead the activities of the subordinate courts;
check the legality of decisions taken;
act by a court 1 and 2 instances;
take statements about the cassation.

It is important to comply with the procedure for passing all the steps of the executive.

It is possible to protest the decision of the court of first instance by submitting a request for the cassation subject to passing the appeal periods. Required requirement - The resolution began its action.

If the appeal period does not expire, the ruling has no legal forceFirst appeal is issued. If she leaves unchanged existing definition, then a petition for cassation is filed.

Who can submit a cassation complaint to the Supreme Court of the Russian Federation

The person whose interests are violated, announces infrainment of the rights and non-compliance with the norms of production, challenging the rendered decision.

To speak by the applicant may:

any of the participants in the trial;
other persons whose rights are affected by the adopted verdict.

Dates of appeal

6 months - time interval, stipulated by law To appeal the appeal decision. A good reason for the time was missed, will allow you to restore the period of possible revision of the verdict.

The grounds for the resumption of the term:

confirmed documented applicant's disease;
business trip for a long time;
other reasons indicating the impossibility of using the 6-month temporary interval.

Circumstances that occurred within 12 months after the actual decisions have become a real challenge may affect the resumption of this right.

How to write a cassation complaint? Sample document

The document is issued on the norms of the Civil Procedure Code of the Russian Federation, defined by Article 378.

It should contain:

the name of the court, which will accept the appeal;
data on all employees;
indication of the courts of previous instances;
designation violated norms;
evidence indicating violations;
request the applicant about the consideration of the complaint.

A copies of existing regulations are applied to the cassation compiled by all the rules.

The complaint is submitted to the Supreme Court in the number of copies equal to the number of participants in the case.

The prerequisite for the adoption and registration of the document is an applied receipt for the payment of state duty.

State duty

Details for payment of state duty are on the official website of the Supreme Court.

The receipt blank is formed there. The amount of payment is set in accordance with Article 333.19 Tax Code RF.

For individuals It is 150 rubles.

For organizations - 3000 rubles.

Based on paragraph 9 of the above article, for cassation complaints, the collection is determined in the amount of 50% of the state fee on the claim of a non-property nature.

Article 333.20 NK says that the Supreme Court of the Russian Federation has the right to free the applicant from paying or decreasing the size of the duty.

Regulation of the Cassation Consideration

From the moment of registration of the filed complaint begins the period of its consideration. It takes 2 months according to the law or 3 months if additional materials are exterminated. The term can be extended when it is difficult, but not more than 2 months.

The judge of the Supreme Court examines the arguised arguments presented by the materials, as necessary, requests additional. After that, he makes a decision:

on the transfer of the case to the Presidium;
on refusal to consider the complaint.

When the case was transferred to the judicial board of the Supreme Court, a meeting is appointed, on which the judge sets out the facts on the cassation appeal and confirmed or refuted circumstances. Persons - participants in the process present at the meeting are entitled to give explanations.

The Supreme Court will submit a verdict regarding the resolutions of the lower instances, taking into account:

complexity of business;
all of his circumstances;
conclusions on the effectiveness and correctness of the actions of the first instances.

After 5 days, the Office will issue a resolution documentively and notify all participants.

Options for solutions of the Supreme Court

The jurisdiction of the executive authority of the highest order allows you to:

leave the initial editorial board;
cancel it in whole or in part.

The Supreme Court is authorized:

terminate proceedings on the case;
make a new ruling;
send to additional discussion and revision;
reject the complaint.

If the Supreme Court finds procedural disorders In the course of the case, the decision made by the first two instances will be revised. If the conclusions of the previous courts correspond to the provenative circumstances set out, the norms of the right of procedural and participating persons are not violated, the Court of Cassation is recognized as reasonable.

When contacting the Supreme Court with a cassation complaint, it is necessary to be absolutely confident that the infringement of the rights of the proceedings of the proceedings and violation of the norms of the proceeding process took place. The assembled evidence, clearly outlined arguments and arguments, a properly executed statement will reduce the term of consideration and obtain a favorable outcome in the Cassation Court.

After passing almost all the courts and not having received the desired result from the case in the case there is an opportunity to appeal that entered into force. To restore justice, a supervisory complaint is preparing to the Supreme Court of the Russian Federation as part of a specific civil case.

It is served according to a strictly defined procedure. In addition, it is necessary to immediately make an emphasis on the fact that not all the case of the Supreme Court of the Russian Federation has the right to revise in the order of supervision.

All these moments in relation to civil cases will tell our article. And also at the end you can download a sample of the supervisory complaint in the Sun 2018.

In this article:

How to file a supervisory complaint in civil case to the Supreme Court

First of all, you need to specifically imagine who can initiate such an appeal. They lead this side list, as well as other subjects who participated in the previous consideration of the case.

In addition, the submission of a supervisory complaint to the Supreme Court can be carried out on the initiative of the Prosecutor General's Office. This happens when the prosecutor participated earlier in the process, regardless of its level.

When preparing a supervisory complaint, it should competently work out the grounds for submitting it. This will depend on the further acceptance of appeal to judicial review.

Wherein it is necessary to make focus on the following circumstances.:

Violation by the appealed solutions guaranteed by law Rights of citizens.
Touching the interests of the state or a whole group of persons accepted by judicial acts.
Miscellaneous application legal norms According to similar cases, it is in mind that the provisions of the material law.

In the latter case, judicial precedents for similar disputes are selected. At the same time, in the supervisory complaint, it is advisable to bring the numbers of cases in which various solutions were made in essence.

What decisions on civil cases can be revised in supervisory

There are several groups at once.

Thus, the supervisory complaint to the Presidium of the Supreme Court of the Russian Federation is filed for decisions of regional courts as the first instance, if the appeal at them to consider the Supreme Court.

The same applies to cases that were considered specialized (military, fleet) bodies of justice.

As part of the supervision, complaints of the Supreme Court's judicial acts were taken to consider the first instance, and the appeal procedure.

In addition, the supervision applies to the decrees and the definitions adopted by the Supreme Court, according to the results of consideration of appeals and cassation.

However, in any case, in the appealed judicial act It is indicated by its ability to revise under the supervisory instance.

Filing a supervisory complaint to the Supreme Court

After preparing the text of the document, the complaint is submitted in the order of supervision civil business. And here there are features.

On some of them you should pay close attention:

The complaint is given in copies for all participants in the process (respondent, third parties, prosecutor).
The supervisory complaint should be made by the originals of the decisions of all previous instances.
Receipt of payment of state duty.
Representative authority.

The supervisory complaint addresses directly to the Supreme Court without affecting previous instances.

This applies to all cases other than the restoration of the deadlines for the submission of the supervisory complaint. They will discuss in more detail below the text.

State duty

When contacting the Armed Forces in the order of supervision, it is necessary to incur certain court costs.

So, the state duty for the supervisory complaint in a civil case to the Supreme Court at the moment is 300 rubles for individuals and 6000 for enterprises.

Feed deadlines

It is also necessary to take into account the deadline for filing a supervisory complaint to the Supreme Court in civil case.

At the moment it is 3 months from the date of entry into force of the last decision on the case (Article 391.1, 391.2. Code of Civil Procedure of the Russian Federation).

Restoring the validity of the Supervisory Complaint

In case of passing the deadline for filing a supervisory complaint, it can be restored if there is an objective base disease, a long business trip (Art. 112 Code of Civil Procedure of the Russian Federation).

To do this, together with the complaint, the courts are submitted to the court considering the case as the first instance.

If the court recognizes respectful reasonsThe period for the supply of supervisory complaint will be restored.

The Plenum of the Supreme Court of the Russian Federation explained that the receipt of a copy of the court decision after the expiration of its appeal was also a valid reason.

Below we give a sample of supervisory complaint to the Supreme Court. It is generic in nature and it can be freely modified in relation to a specific case, adding your own arguments and evidence.

Algorithm of hearing the case in supervision

Consideration of the supervisory complaint in the Supreme Court can be schematically represented as follows.

When a complaint and applications come to court, they are studied by one of the judges. After that, he makes his conclusion regarding the possibility of transferring a supervisory complaint to the presidium or its deviation, the corresponding definition is made about.

With a positive decision, the Supreme Court will take a complaint to production. Next will follow a full-fledged court hearingwhere all the participants of the dispute may be present.

Their failure will not impede the conduct of supervisory production and the submission of the final decision. At the same time, the presence of the author of the supervisory complaint will help shed light on some details that will be able to play crucial importance.

At the beginning of the judge meeting, the Rapporteur sets out the essence of the case and leads the basic abstracts of the supervisory complaint. Then all invited persons have the right to provide their explanations. After the meeting of the judges, a decree is made on the results of the review of the supervisory complaint.

What are the powers of the supervisory instance

So, the court may not satisfy the supervisory complaint, leaving all or only one of the previous court decisions.

Also, the Supreme Court may not change the court decision, but only in its part.

During the supervision, the case can be transferred to a new consideration. And this applies to both the first instance and appeal or cassation. In this case, the emphasis can be made on the fact that the case should consider the new composition of the court.

The Supreme Court has the right to independently decide on the merits of the dispute. It happens when previous instances made mistakes in applying legal norms or misinterpreted them.

It should also be paid to the fact that if the supervisory instance sends a case to a new consideration, then its legal position is essentially a dispute to be mandatory.

Summing up can be said that it is supervisory production In some cases, it helps to restore justice on a specific civil case.

Therefore, arguments should be carefully developed. It will not be superfluous and help from a lawyer.

A supervisory complaint