What is supervisory review in an arbitration process? This is a process that is accessible to any citizen dissatisfied with legal decisions or rulings of an arbitration court. How does this happen? We are reading an article.
The concept
The concept of supervisory review in the arbitration process is quite simple. This is an autonomous stage of the civil process, which is designed to verify the justification or legality of court decisions that have entered into full force.
In the legal literature, supervisory review in an arbitration process is called exceptional or extraordinary. His extraordinary manifestation is as follows:
- Not only persons who participated in the case can submit a supervised complaint.
- Supervised production is characterized by the fact that the judge alone decides whether to admit it before consideration by the supervisory authority. Whereas the cassation or appeal proceedings leave the judge no choice but to consider the complaint.
- Judicial and supervisory authorities have an instance structure.
The subject of consideration in the supervisory review proceedings in the arbitration process are court rulings and decisions that have already entered into legal force.
In order to transfer the case to the supervisory authority, it must go through the first, cassation and appeal instances.
This is a separate stage of the arbitration process, which has certain tasks:
- Verification of the validity and legality of court decisions that have already entered into force.
- Guarantee of legal protection of citizens and organizations.
- Administration of the Arbitration Court system by the Presidium of the Supreme Arbitration Court of the Russian Federation and ensuring equal application of laws for all arbitration courts.
All norms of supervised production are spelled out in the Arbitration and Procedural Code of our country.
Supervisory proceedings in the arbitration process may be carried out by the arbitral tribunal of a higher degree than the one where the decision was made. A court decision can be challenged not only by the participants in the case, but also by any person. The basis for the challenge will be the possibility of violating the rights of citizens or their legitimate interests, for example, in any economic activity. This may be the result of the arbitration court incorrectly applying or breaking the law, and as a result, it has made a decision that is subject to challenge.
Regulatory law
If everything is clear with the concept of supervisory review in the arbitration process, then we have not yet considered the law that regulates supervised proceedings.
To begin with, article 293 of the Arbitration Procedure Code sets out the procedure for conducting proceedings.
- The basis for initiating proceedings will be the statement of the person who is involved in the case. Also, proceedings are instituted after the submission of the prosecutor and in cases provided for by the Code. Other persons who did not participate in the case can write a statement.
- Whether to accept the application or submit it for production is decided by a judge of the Supreme Arbitration Court of our country. When making a decision, he relies on Article 295 of the AIC.
- The collegial council of judges of the Supreme Arbitration Court considers the application or, after it has been accepted, the submission. This happens at the hearing and must be in accordance with Article 299 of the Code.
- The Presidium of the Supreme Arbitration Court of our country reviews judicial decisions in a supervisory order in accordance with Article 303 of the Code of Arbitration and Procedure.
How is the case reviewed by the Bureau
The procedure for supervisory review in the arbitration process is spelled out in the same 303th article of the Code.
First, the Presidium accepts the case for consideration on the grounds that a court ruling has been issued that refers to the transfer of the case to the Presidium. This definition must necessarily comply with the 299th article of the Arbitration Procedure Code.
After admission to supervisory review, it is considered by the Presidium in the order of priority. Despite the queue, the case should be considered no later than three months from the moment the decision to transfer the case to the Presidency appeared.
The case is subject to supervised proceedings only if the majority of the Presidium members are in place.
The meeting of the Presidium may be attended by both persons who filed a motion for supervisory review in the arbitration process - 2017, as well as other persons.
The rapporteur is a judge of the Supreme Arbitration Court. He sets out the circumstances of the case, the content of the judgment, which is disputed, and the arguments contained in the submission or application for review of the case in a supervisory manner. And also the rapporteur is obliged to announce the grounds for the review and the reasons that are in the court ruling on the transfer of the case to the Presidium for further consideration.
After the judge-speaker speaks, people who came to the meeting and are participants in the case can give oral explanations. First of all, a person speaks who has filed an application or representation for review of a court decision in a supervisory order.
When the initiator of the supervisory review proceedings in the modern arbitration process spoke, and also those who attended the meeting or were participants in the case took the floor, the Presidium makes a decision after it holds a closed meeting.
The decision is made by a majority of the referees. The chairman of the meeting casts his vote last. If the number of votes is equal, then the submission or application is not satisfied, and the previous court decision remains valid.
What could be the result
After the case on the review of the previous court decision has been examined, the Presidium has the right:
- Do not satisfy the application or provision, thereby upholding the previous judgment.
- Discard past decision partially or completely. Then the case is again referred to the arbitration court. If the case is sent for retrial, then the Presidium has the right to demand its consideration with a different judicial composition.
- To cancel the court decision partially or completely, but not to transfer the case for reconsideration.
- To cancel the previous decision partially or completely and to terminate the initiation of supervisory review proceedings in the arbitration process.
- Do not change the decision regarding individual court decisions.
Legal nuances
In order for the judgment to be quashed or amended, the Presidium must indicate the reasons that correspond to the 304th article of the agro-industrial complex.
The Presidium has no right to consider as evidence those circumstances of the case which the previous court decision did not take into account. Nor can he decide which evidence is more important or whether it is reliable or not.
Any decision of the Presidium must necessarily comply with the 306th article of the Code of Arbitration and Procedure.
At the decision of the Presidium must be signed by the chairman of the meeting of the Presidium.
Production stages
With the concept of supervisory proceedings, we figured out, now consider its stages.
Article 308 of the Code of Arbitration and Procedure Code outlines the time and procedure for the consideration of supervised complaints. So, we will consider the stages of supervisory review in the arbitration process.
The Presidium accepts a case for consideration only when a judge of the Supreme Court makes a decision on the transfer of the case and its consideration at a meeting of the Presidium court.
Persons who participate in the case receive copies of the ruling on referral of the case, as well as copies of the submission and the supervisory review complaint. The time appointed for the consideration of the case is selected so that all participants can attend the meeting.
The participants in the case are notified of the place and time of the consideration of the complaint by the Presidium. If people are not at the appointed place and at the appointed time, then this does not affect the review process.
The next stage of supervisory review in the arbitration process is that the supervisory appeal and the case are examined by the Presidium within the time period specified in the legislation. Namely, no later than sixty days from the moment the court ruling was issued. By the way, the chairman of the Supreme Court or his deputy has no right to participate in the consideration of the case if they made a decision on the transfer of the complaint.
The meeting was attended not only by those people who were involved in the case, and their representatives, but also those whose interests were affected by this court decision. They do not have to be in the courtroom. The law allows conferencing to track the process. The only thing is that these actions must comply with the 153rd article.
When the prosecutor is the person who participated in the case, the Prosecutor General or his deputy is present at the hearing instead.
As mentioned above, the speaker at such a meeting is a judge of the Supreme Court.
If questions have arisen at one of the stages of the supervisory review, then the judges will solve them by voting.
The essence of supervised production
What is the essence of supervisory review in the arbitration process? This is not a specific concept, but a rule that cannot be violated. That is, all decisions and decisions of the Arbitration Court that have entered into force can be challenged if:
- The judicial act violated the legal rights of citizens in the field of entrepreneurial, economic or other activities.
- At the time of the judgment, the rules of procedural or substantive law were violated.
The essence of supervisory review in the arbitration process also includes the fact that the application to the Supreme Arbitration Court can be transmitted both in person and in electronic version. But before filing, you need to remember that only within three months from the date of the court decision can this be done. An application for supervisory review can only be submitted if any other verification methods have failed.
To understand how justified the application for review is, the court has the right to take the case from the arbitration court. If there are grounds, the court decides to transfer the case to the Presidium.
According to Article 304 of the Arbitration Procedure Code, the following shall be considered as grounds:
- Violations in the application and interpretation of legal norms.
- Violation of human rights and freedoms that are recognized by society around the world, as well as international Russian treaties.
- Violation of the legitimate interests and rights of people. This also includes other public interests.
Supervised production issues
Unfortunately, not everything is so smooth, and there are also problems of supervisory review in the arbitration process. For example, the thirty-sixth chapter of the Arbitration Procedure Code says that a review of the case in a supervisory order is possible in the Supreme Arbitration Court. Everything is in order here, but further problems arise. According to the Code, the case is considered by the panel of judges and is not informed about the meeting of the participants in the case. Before sending a case for review, the same panel must decide if there is reason to review. If the grounds that comply with Article 304 of the APC are not found, then the review of the case will be refused.And here we clearly see the problem. The law does not allow appeal of a refusal or repeated appeal of the same person so that the case is reviewed.
And since the High Court is obliged to monitor and eliminate any shortcomings of lower courts, Article 299 of the Arbitration Procedure Code, which allows you to return a supervisory appeal, prevents the High Arbitration Court from fulfilling its direct duties.
The rights of people who are parties to the case are also limited, and more precisely, the right to protect the disputed and violated rights. After all, people cannot rely on the defense of the High Court, since most of these complaints come back at the stage of consideration, and this is argued by the fact that there are no grounds for reviewing the case.
For this reason, it is necessary to introduce amendments to the legislation regarding the contestation of refusals in the consideration of the case by the Supreme Arbitration Court. If such amendments are adopted, then this will increase the quality of the court and its authority.
Production tasks
The tasks of supervisory proceedings are:
- Ensuring a uniform interpretation and application of legal norms by all arbitration courts. Ensuring the unity of judicial practice is the main meaning of the Supreme Court.
- Removing obstacles in order to make a lawful decision on a case. The court decision, which was adopted earlier and entered into legal force, is binding on the court reviewing the case. This is due to the principle of binding judicial acts, these principles are enshrined in the sixteenth article of the Arbitration Procedure Code. This principle does not prohibit filing a case for review in a supervisory or cassation procedure if a court decision has caused a violation of the legitimate interests and rights of citizens. This applies to business or economic activities. For this reason, after reviewing the supervisory appeal, the previous court decision is canceled in whole or in part. But this is done only if it is impossible to make a new decision without cancellation.
- Suppression of violation of the legitimate interests and rights of citizens that are associated with economic or entrepreneurial activity. It is the protection of the interests of citizens today is the most urgent problem. Protection is both a review of supervisory complaints and protection of the rights of citizens who are depositors in dishonest banks. It is noteworthy that supervisory review is the last way to solve the problem.
The objective of such a review is to eliminate errors that have been discovered in court decisions that have already entered into force. The second equally important task is that the supervisory review process is designed to provide the same results of judicial practice, which must fully comply with the law. As well as supervised proceedings, court decisions can be checked for their compliance with the law. It seems to be assumed, but in fact, the verification of the legality of the decisions still lies with the cassation proceedings.
The tasks of supervisory proceedings are regulated by the 304th article of the agro-industrial complex. But now the emphasis is on supervisory complaints in defense of public interests.
The arbitration process divides complaints into special and ordinary. Special appeal methods are applied when it is necessary to review the final decision, which has already entered into force. This may include production due to new circumstances and supervised production.
Structure
The structure of judicial review in the arbitration process has its own characteristics. First, a person must receive a court decision that did not suit him. Then, within two months from the entry into force of this decision, he needs to write a supervisory appeal. It indicates the details, the address of the authority that is reviewing the court decision.At this point, it is worth remembering that actions must be consistent. What does it mean? A judgment, for example, issued by a district court, cannot be immediately sent for consideration by the Supreme Court. First you need to turn to the Presidium of regional importance and only if you are not satisfied with the decision to move on. This works in the hands of the applicant, since if he addresses directly to the High Court, then if the complaint is rejected, there will be nowhere to turn to. It is important to remember that only one thing is subject to appeal - either a court decision or a ruling.
After the applicant lodged a complaint, it is reviewed by the panel of judges for compliance with the grounds for review of the case. If the grounds are present, then the case is referred to the Presidium of the Supreme Court.
Conclusion
Of course, in our country the judicial system is imperfect. But this does not mean that you do not need to turn to her for help. You just need to know some of the nuances that are very important in supervisory proceedings. One of these nuances is confidence in one's own rightness and compliance of the document with the grounds for revision. After all, if the panel of judges does not find these very grounds, then you will be denied a complaint about the review of the case. The bad thing is that such refusals are not subject to appeal, which means that you have to be content with the decision that is now.
It is impossible to re-direct the court decision for supervisory review, since this is also prohibited by law. Therefore, we are talking about confidence in our innocence, because there is only one chance.
And in order not to interfere with our judicial system, it is best not to break the law. One violation leads to another, and now you can no longer stop. It is unlikely that you need it, so carefully go around the line. Well, if you are a victim, then fight for your rights at all costs. Otherwise, without showing proper firmness, you will not protect your interests and rights.
We told you all about the supervisory review proceedings in the arbitration process, we hope that this information will help you.