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Supervisory Instance: concept. Supervisory authority in civil, criminal or arbitration proceedings

The concept of a supervisory authority appeared in Soviet times. Gradually, this legal institution developed and improved. Next, we analyze in more detail what constitutes a supervisory authority today. supervisory authority

Initial development

In Soviet times, the formation of the institution of supervision was influenced by three factors:

  • The principle of legality. Having a constitutional character, this provision necessitated the annulment of acts of justice that entered into force, but at the same time contradict the norms of the law.
  • Limited appeal. To protect the interests of the parties, it was not allowed to file an infinite number of complaints, thus reducing the stability of decisions, delaying execution, reviewing the case only because one of the participants did not agree with the conclusions of the court (often unreasonably).
  • State influence. At that time, one of the main tasks of the government was to maximize the promotion and intensification of state intervention in private legal relations.

Supervisory Instance: general information

The main feature of this institution is that it acts as one of the ways to review decisions that have entered into force. Supervisory authority is a body that verifies compliance of decisions, decisions, definitions with the law. An exception in this case are the decisions of the Presidium of the RF Armed Forces. Judicial and supervisory authorities are:

  • Colleges (including military).
  • The Supreme Courts of the Russian Federation and its subjects. The consideration of the case in them is carried out by the Presidium.
  • Supreme Arbitration Court. It also holds meetings of the Bureau. supervisory court

Important point

Considering the essence of supervisory activity, it is necessary to understand the differences of its objects from those during the cassation review. The first covers a wider scope. This is proved by the following provisions:

  • The subject of the cassation appeal is only the decision and determination of the judicial authority of the first instance, while supervisory review can be used for decisions and rulings of the court of any instance.
  • Due to the repeated cancellation of the decision with its referral to a new trial, several acts may be taken. The possibility of a cassation appeal applies only to the last decision, which has not entered into legal force. Moreover, the validity and legality of previously repealed acts is not verified. Judicial and supervisory instances are bodies that assess the compliance with the law of all previously appealed decisions, decisions, determinations. supervisor in the arbitration process

Review Procedure

How does the supervisory authority operate in a civil proceeding? Consideration of cases at a meeting is carried out no more than a month, and in the Armed Forces - no more than 2 until a determination is made. The case, which is examined by the supervisory court, is reported by the chairman, his deputies or other members of the presidium on behalf of higher officials. Another official of this body who has not previously participated in the meeting may also read out the circumstances. If the case is being considered in a panel, then one of the judges from its composition shall report. The same procedure has been established for criminal proceedings.

The participation of the prosecutor

The meeting involves the parties to the case or their representatives, other persons who have filed a complaint or representation of the prosecutor, if their interests and rights are directly affected by this regulation. The consideration of the case may be carried out with the involvement of:

  • Prosecutor of a territory, republic, cities of federal significance, autonomous okrugs or regions, military district or the fleet or its deputy on the presidium of the relevant court.
  • An official on behalf of. He is involved in a meeting held in the Civil Affairs College of the Armed Forces and the Military Collegium of the Armed Forces.
  • The Prosecutor General or his deputy on the Presidium of the RF Armed Forces. supervisory review proceedings

Meeting progress

Production in a supervisory instance is carried out in accordance with the established procedure. The rapporteur sets out the circumstances of the case, the contents of the decisions, the motives of the complaint or the submission of the prosecutor, as well as the decision on the transfer of applications with the case for consideration. Board or panel members may ask the speaker questions. Persons identified in Art. 386, para. 3, in the event of their appearance, they may give explanations in the case. The first to act will be the person who filed the prosecutor's submission or a supervisory appeal. Based on the results of the proceedings, the Presidium makes a decision, and the panel makes a determination. Decisions in cases considered by the supervisory authority are adopted by a majority of votes. If the pros and cons of the review are the same, the number of voters is the same, then the complaint or submission must be rejected. The supervisory court or board informs the parties to the dispute about its decision.

Reasons for changing or reversing decisions

In accordance with the law, the supervisory authority has the right to consider decisions taken in violation of the rule of law. Without their elimination, restoration and protection of infringed interests and freedoms, as well as public rights protected by the state, is impossible. This provision is established in Art. 387 Code of Civil Procedure. supervisory authority in civil proceedings

The content of the decision or determination

The decision taken by the supervisor should include the following points:

  • The name of the body that adopted the decision or decision.
  • Place and date of decision.
  • The case, which was considered at the meeting.
  • The name (full name) of the person who filed the complaint, or the representation of the prosecutor about the need for review.
  • The initials and surname of the judge who ruled on the transfer of the application or presentation with a case for trial.
  • The content of the provisions of subordinate bodies appealed during the review.
  • The law, in accordance with which a determination is made or a resolution is adopted based on the results of a substantive review.

The decision of the bureau is signed by the chairman. The ruling of the college is certified by the judges who conducted the proceedings. The submission of the prosecutor or the complaint of interested persons may be submitted within six months from the date of entry into force of the decision. the supervisory authority is

Supervisory authority in the arbitration process

According to Art. 304 of the agro-industrial complex, the acts that violate:

  • Freedoms and rights of a citizen and a person guaranteed by the principles and norms of world law or international agreements of the Russian Federation.
  • Uniformity in the application and interpretation of legislation by arbitration courts.
  • Legitimate interests and rights of an indefinite number of persons or other public interests.

These violations also serve as grounds for initiating proceedings for the review of decisions at the level of the EAC Presidium in the manner of supervision. These circumstances are listed in parts 3 and 4 of Art. 299 agribusiness. In this case, it becomes clear that, using the same circumstances, the legislator makes it possible to carry out relatively independent procedures: admitting the case to review and canceling (changing) the disputed act.

Expert Opinions

The provisions listed in Art. 304 APCs are rather ambiguously evaluated in domestic legal publications.Some authors believe that the legislator used the most successful formulations of the Code of Civil Procedure in the above cases. This, according to experts, detracts from the right to judicial protection. However, there is another, opposite conclusion. It consists in the fact that the provision on the absolutization of the right to a trial by way of verification cannot be applied to civil proceedings. Supervisory proceedings of judicial acts signed by the supreme body or court of third instance, in some cases defined by law, may be limited. This, in turn, will not indicate a diminution or improper implementation of the opportunity to receive protection. concept of supervisory authorityThis position is not only more, but also the only true one. It should be said here that it also corresponds to the basic ideas that are laid in the foundation of the new agro-industrial complex. Given that the supervision in the arbitration process acts as the third verification stage, at which an assessment of the consistency with the law of the acts that entered into force is carried out, an indication that this procedure should be selective in nature prevents the possibility of duplication of actions of the cassation body, as well as emphasizes the specifics of the functions and tasks that are assigned to YOU.

Optional argument

The European approaches to the question of the admissibility of the supervisory review of the final (entered into force) court decision serve as it. In accordance with paragraph "C" of Article 7 of the Recommendation of the Committee of Ministers of the Council of Europe, such procedures are possible, first of all, within the framework of a certain range of cases. These include, for example, those that may contribute to a uniform interpretation of the law or the development of law, as well as of significance to the general public. Russia could not ignore this Recommendation, and therefore article 304 appeared in its modern version.


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