Civil Supervisory Complaint: Drafting Tips

Court orders that have entered into force may be appealed in a supervisory review procedure. The right to challenge the act is vested in the persons participating in the case, as well as third parties not involved in the proceedings, but whose interests were impaired by the decision. The article will describe the procedure in accordance with which a supervisory complaint is compiled and filed in the Russian Federation.

General requirements

Choice of authority to be submitted supervisory review complaint in a civil case, it depends on the court in which the decision was made. This procedure is determined by Article 377 of the Code of Civil Procedure. In particular, it states that a supervisory appeal in a civil case is filed with the presidiums of the subject courts on:

1. Definitions, decisions, orders adopted in regional and world instances and entered into force.
2. Cassation acts of the courts of the constituent entities of the Russian Federation.
3. Appeal definitions and decisions of district authorities.
4. Definitions and decisions of the subject courts, adopted by them at the first instance, if they were not the subject of supervisory or cassation review in the Armed Forces.

The Board of the Armed Forces shall submit applications for:

1. Decisions of the presidiums of the subject courts.
2. Definitions and decisions of regional authorities, adopted by them at the first instance and entered into force, if they were not challenged on appeal by the Armed Forces.
3. Cassation rulings made by subject courts.
4. Acts of authorized bodies, adopted at first instance, if statements against them were challenged by the presidium.

A supervisory appeal to the Supreme Court is filed on:

1. Decisions of the Board of Armed Forces adopted in cassation.
2. Acts of the Supreme Court, adopted at first instance and entered into force.
3. Definitions issued by the Arbitration Cassation Board.

It should be noted that decisions and other acts of magistrates' courts, appellate decisions of regional instances cannot be challenged by way of supervision to the Judicial Collegium of the Armed Forces.

General application requirements

It must be said that a supervisory appeal in a civil case is drawn up similarly to a cassation one. Nevertheless, in compiling it is necessary to observe a number of conditions. There are the following requirements for filing an application with the Supreme Court:

1. A supervisory appeal, the sample of which is presented in the article, must contain a list of authorized bodies in which the trial was conducted at the first, cassation or appeal instance. The content of the decisions that were made should also be given.
2. A supervisory appeal in a civil case must contain an indication of a violation of the law upon adoption of the act and the justification of the claim. Here it is advisable to give specific norms that have not been observed.
3. If the complaint has already been submitted to the supervisory authority, for example, to the presidium of the subject court, then the decision should be indicated.

Compilation Nuances

At the very top of the document, the body to which it is sent is indicated. The following are the details of the person writing the appeal. The claim should clearly state all circumstances in chronological order. All complaint requirements must be supported by references to relevant laws. Certified copies of the issued decisions must be attached to the application. Their list is given after the main text. At the end of the statement is a signature and a number.

Review Complaint

The procedure is divided into three stages. Supervisory complaints in civil cases of the Supreme Authorized Body may be examined individually by an official.As a result, a definition can be made:

1. Return the statement without trial on the merits.
2. To claim the case in case of doubt in the legality of the contested decision.
3. Refuse the claim if the arguments set forth in the claim, according to the Federal Law, cannot entail the possibility of canceling the acts.

If the supervisory appeal in a civil case is returned, then it is assumed that if the circumstances that prevented the examination of the merits are eliminated, it can again be forwarded to the appropriate authority. In this case, however, an exception is provided. The deadline by which it can be submitted must be respected.

Refusal to claim materials

This is the next stage of consideration. It should be noted that copies of the contested decisions remain with the refusal of the court. In this situation, the applicant can either agree with this definition or apply to a higher authority. In order for the case to move on, the complaint should be sent to the President of the subject court and asked to make their own decision on the issue of claim. Such actions are based on the provisions of Art. 381. Part 6 of this article states that the Chairperson may not agree with the determination to refuse. In addition, without contacting this official, you cannot send a statement to a higher authority. This is due to the fact that the Supreme Council considers the Chairman as an independent oversight body. Some experts believe that making duplicate copies of applications is not necessary. However, in this case, the claim should indicate that they are in the court.

Sole inspection of requested materials

As a result of this procedure, one of the following decisions may be made:

1. Refuse to transfer the case to the supervisory authority.
2. Submit materials for trial on the merits.

In the first case, you can also send a complaint to the Chairman. In this case, the basis will be part 2, Article 383 Code of Civil Procedure. It says that an official may not agree with a refusal to refer a case to a supervisory court for substantive proceedings.

Peer review of materials

The meeting opens with a report of one of the judges. After this, the persons present in the hall (parties to the dispute, representatives of the parties, other persons who filed a claim if their interests are infringed by the decision) give an explanation. As a basis for the cancellation of the contested act are violations of substantive or procedural law. As a result of the proceedings, one of the following definitions may be accepted:

1. Leave the decision of the first, second or supervisory instance unchanged, and the complaint dismissed.
2. To cancel the disputed act partially or in full, sending the materials for retrial.
3. To cancel the decision in part or in full, to leave the application without consideration or to terminate the proceedings.
4. To cancel or change the definition, to adopt a new act without transferring materials for retrial, if substantive law has been erroneously applied or interpreted.

The instructions of a higher authority are mandatory for the authority to which the materials are sent for consideration.

Important point

If the Presidium of the subject court dismissed the complaint, upon subsequent appeal to the Supreme Court, certified copies of the contested decisions must again be presented. Repeated issuance of copies is subject to state duty. This requirement is present in the Tax Code.

Supervisory complaint: term

The period during which claims can be submitted is established in Art. 376, part 2 of the CDD. According to the provisions contained in it, judicial acts may be appealed in a supervisory order throughout the year from their entry into force. It should be noted that the consideration of claims in the Presidiums of the subject courts (requesting materials, appeals to the President) can take a rather long period of time.In this regard, in practice, often questions arise regarding the procedure for calculating a specified one-year period. The Supreme Court indicated that this period was granted to persons referred to in Art. 376 (parts 1 and 3), in order to exercise his right to challenge the decisions in the appropriate manner. The period during which materials or complaints are reviewed by the supervisory authority is procedural. Its duration does not depend on the citizen who applies to the authorized body with a claim. Since the consideration of each application at all stages of the supervisory review process takes longer than the period specified in the legislation, interested parties lose the opportunity by which they can exercise the right to challenge. Therefore, the time during which the verification of the application or the requested materials is carried out should not be taken into account during the calculation of the above period. When making single-handed rulings, officials are required to put down the date of receipt of the claim by the authorized body.