Supervisory proceedings in a civil proceeding are the last stage provided for by procedural legislation. It existed since the time of the USSR. However, it remained in view of major changes. How successful the changes are is a separate topic for discussion.
What is its meaning
Supervisory proceedings in civil proceedings are the last resort in which they try to achieve justice within the country. Also, judges reviewing cases within the framework of supervision form practice, expressing an opinion on the most interesting and significant cases. In reviews of the practice of the RF Armed Forces, there is always a separate section devoted to the results of the activities of the Presidium.
However, practice and statistics show that, despite the importance of such an instance, it revises a tiny percentage of all applications received to it.
In addition, lawyers representing the interests of citizens are faced with disregard by lower courts for the positions expressed in the framework of supervision. Judges of the RF Armed Forces are no exception.
Correlation with the cassation instance
Supervisory proceedings in civil proceedings are often mixed with the cassation stage. They are similar, but still have serious differences. We will consider them below. A supervisory appeal is sent after all other instances are passed. The law stipulates a list of judicial acts that are allowed to appeal.
What decisions are being reviewed
- Decisions taken in cases in which the courts of subjects served as the first instance, if the Supreme Court of the Russian Federation reviewed them on appeal.
- Decisions made by the military courts of the subjects, if previously reviewed as part of the appeal by the military board of the Armed Forces of the Russian Federation.
- The decisions considered in the first and appeal instance in the Armed Forces of the Russian Federation.
- Definitions of the Board of Appeal.
- Definitions of judicial boards in civil and military matters examined as part of the appeal.
- Definitions of judicial boards in civil and military affairs, which acted as cassation.
The listed list is closed. Its wording suggests that a party wishing to achieve review in a supervisory instance in a civil proceeding must consistently go through all available instances. Otherwise, the study of the complaint will be denied without examining it on the merits.
Who is entitled to apply
Party to the case, a person who did not participate, but whose interests are affected. The Prosecutor General or his deputies speaks on behalf of the prosecutor's office.
Examination of the admissibility of the complaint
How is the supervisory review process organized in a civil proceeding? The complaint is not accepted for consideration automatically. Initially, it is studied by a judge from the Presidium.
His competence includes deciding on the possibility of opening production. To make a decision on a complaint, a judge has the right to request a case in order to study the materials in more detail.
It also examines the compliance of the complaint with the formal characteristics (registration, payment of state fees, etc.), whether the deadline for filing is missed.
In the first case, the judge makes a determination, which refuses to open the proceedings or agrees with him.
In the second case, if the deadline for sending a complaint is missed, the judge either restores it at the request of the party or does not agree with this.
Stakeholder Complaints
Interestingly, both the applicant and the accused can appeal against the restoration of the term or refusal to do so.
If, on the merits, the opening of the case is refused, then only the applicant is entitled to complain about the determination.The chairman of the Supreme Court has the right to only cancel the decision to refuse to open a case, but cannot cancel the decision to open proceedings.
An application for determination in the name of the chairman is sent in the form of a separate complaint. Thus, a feature of supervisory review in a civil proceeding is the participation of the chairman in the adoption of interim decisions on the complaint.
Grounds for cancellation
Cassation proceedings are opened subject to a violation of procedural and material standards. It is forbidden to raise the issue of re-evaluating the facts, the illegality of the refusal to introduce new evidence in the early stages of the proceedings.
In a supervisory court in a civil proceeding, the law provides the following list of grounds for opening a case:
- violated the rights and freedoms guaranteed by the Constitution and international legal documents;
- the rights and freedoms of an indefinite number of persons are affected (most often it comes to cases opened at the initiative of the prosecutor's office);
- the unity of practice has been violated (ignoring the decisions of the ECHR, the Constitutional Court of the Russian Federation, the decisions of the plenums and the decisions adopted earlier in the framework of supervision).
Thus, the essence of supervisory review in a civil process is to restore violated rights and freedoms and to preserve the unity of judicial practice.
Review procedure
The case is considered by the Presidium in full force. If earlier the chairman or his deputy made a decision on the case (they restored the term or handed over the materials for consideration), then their participation in the case is excluded.
The speaker reports to the court the merits of the case, the essence of the arguments of the complaint. Parties or persons, in whose opinion the decision affects their rights, are called, and their absence does not affect the process. They are entitled to clarify after the report.
The decision is made by voting. If the opinions of the judges are divided equally, the complaint shall be considered rejected.
Filing a complaint through the chairman
The review may be initiated by the chairman of the court or his deputy. In this case, the submission deadline is 6 months. The complaint is addressed to the Chairman.
If the case is transferred to the Presidium, the chairman or his deputy may not participate in the proceedings.
Grounds for lodging a complaint - violation of fundamental guarantees (access to justice, fair trial) or their substantial limitation.
Consideration is carried out in accordance with the above rules.
Review Results
In short, the following options are possible:
- cancellation of all decisions and adoption of a new one;
- upholding of one of the previously adopted acts;
- cancellation of decisions with the referral of the case to one of the lower instances.
In the latter case, the decision considers the mandatory part with the interpretation of substantive law. The supervisory authority cannot establish or consider unproven circumstances that are not accepted by the courts of the first and appeal instances. It is forbidden to evaluate the reliability of evidence and their relationship.
Finally
In fact, the law provides for additional stages of supervisory review in a civil proceeding through the participation of the chairman. At the same time, he may not use exclusive powers. This is the peculiarity of the proceedings in the court of supervisory authority in the civil process.