Complaint to supervisory authority acts as a method of monitoring the legality of acts issued by authorized bodies and entered into force. For citizens, this is one of the opportunities to achieve a review of decisions. Let us further consider how a supervisory appeal is filed. 
General information
It is possible to appeal in a supervisory order judicial acts that have entered into force. Their list is given in Art. 391.1 Code of Civil Procedure. The body authorized to consider such appeals is the Regional or Supreme Court of the Russian Federation. A supervisory appeal after receipt is forwarded to the Presidium of the OS (Armed Forces) or the Board of Armed Forces. The application is subject to certain requirements regarding its content. The details must contain the name of the body to which the supervisory appeal is sent. Before sending the appeal, a state duty must be paid. A receipt of this, together with other materials, must be attached to the application. Copies of the decisions must be certified in the first instance.
Subjects
Who can appeal to the Regional or Supreme Court? A supervisory appeal may be made by the persons participating in the proceedings. These include:
- Plaintiff, defendant or their representatives.
- Third parties (regardless of whether they claimed or not).
- Local and state authorities.
Other persons whose rights and interests are violated by this resolution may appeal the act in the manner of supervision. The prosecutor also has the right to challenge. He may file a motion to review the act if he participated in the proceedings. 
Where should I go?
When challenging an act (of cassation, including) of the OS, if it did not act as an object of supervisory or cassation consideration in the Armed Forces, orders, decisions, decisions of world and regional bodies, the complaint is sent to the Presidium of the OS. A claim may also be brought against a ruling of the latter. In this case, if the act was not considered in the cassation court, the application is sent to the board of the aircraft. Complaints are addressed to her if appeals to the Presidium of the regional court are dismissed. When contesting the acts of the Armed Forces, the Cassation Collegium of the Armed Forces, decisions of the OSI made in cassation, the application is sent to the Presidium of the Armed Forces.
Supervisory complaint: sample
As mentioned above, in the details the name of the authority where the appeal is directed is indicated. A supervisory appeal must also contain the name and address of the applicant, his procedural position (defendant, plaintiff, and so on). It is also necessary to indicate other persons who participated in the consideration, their address, legal status. The content should include the names of all courts that examined complaints and decisions that were taken on appeal. Then those acts which are disputed are stated. In this case, the applicant should provide arguments with reference to the laws in accordance with which claims are made. After this, the requirement itself is formulated. Finally, the applications are listed. A supervisory appeal is certified by the signature of the applicant. You must also put the number of its compilation. If a person who has not participated in the proceedings appeals, then it should indicate which particular interests and rights are violated by the disputed act. 
Important points
The general requirements for the preparation of a supervisory appeal are similar to those that apply to cassation appeal. However, there are a number of specific provisions that should be observed. In particular, the supervisory appeal should contain specific indications of violations of the law.If the claim has already been sent to lower authorized bodies, the adopted resolution should be stated and arguments should be made, on the basis of which disagreement with it is expressed. All circumstances must be indicated in chronological order. Copies of all adopted acts must be attached to the application.
Grounds for annulment
A supervisory appeal may be written if the substantive or procedural law is violated. What does this mean? Violation of substantive rules takes place in cases where the court:
- The law that should have been used in making a fair decision was not applied.
- Reference was made to a rule that did not correspond to the nature of the case. In other words, the court in formulating the opinion was based on the law that was not relevant to the essence of the dispute or contrary to the Constitution and other industry acts. The applicable law may also not have been effective at the time of the proceedings.
- The norm was misinterpreted. This means that the court misunderstood the provisions of the law.
Violation of procedural rules may serve as the basis for the annulment of the act, if it could entail or entailed incorrect resolution of the dispute. The list of such cases is given in Art. 364, part 2 of the Code of Civil Procedure.
Review Procedure
It consists of three stages:
- The trial is the sole judge.
- Examination of claimed production.
- Collegial proceedings.
In the first case, a determination may be made:
- Return the statement without examination on the merits.
- Claim a case if there is any doubt about the legality of the act.
- Refusal to review, if the arguments set forth in the appeal do not imply the cancellation of the decision.
If the court returned the complaint, it is assumed that if all the circumstances that prevent its examination on the merits are eliminated, then it can be re-filed. An exception is to skip the period during which it was possible to challenge the act. 
Rejection Denied
This definition means that the applicant may try to appeal the act to a higher authority or agree with the decision. To move forward, you should send an appeal to the Chairman of the regional body and ask to make an appropriate determination about the claim. In accordance with Art. 381, part 6 The chairman may not agree with the refusal of the judge. It should also be noted that without such appeal, it will not be possible to further address the claim. This is due to the fact that the Supreme Council considers the Chairperson to be an independent oversight body.
Examination of requested materials
Based on the results of this trial, a determination is made:
- Refuse to transfer the case to the supervisory court for consideration on the merits.
- Submit materials for review.
In the first case, the applicant is also entitled to write a complaint to the Chairman. This feature is provided for in Art. 383, part 2 of the Code of Civil Procedure. 
Peer review
After one of the judges makes a report, the persons who appeared at the hearing (participants, their representatives, other interested parties who filed a complaint if their interests and rights are affected by the contested decision) can give explanations. In accordance with Art. 387 Code of Civil Procedure, the grounds for amending or repealing the adopted acts are substantial violations of substantive or procedural rules. As a result of consideration, a determination is made. It can be one of the following:
- Leave the complaint dismissed, and the decisions of the first, second or supervisory authority unchanged.
- Cancel the act in part or in full and send the materials for review.
- To annul the court ruling in part or in full, to leave the appeal without consideration or to terminate the proceedings.
- Change or cancel the decision and make a new one without sending materials for review. Such a determination shall be made if an error has been identified in the interpretation or application of substantive rules.
Instructions sent by a higher court are mandatory for the court, which will review the case. If the Presidium of the entity’s body refused to satisfy the claim, upon further appeal to the Armed Forces it will be necessary to provide certified copies of the decisions again. Repeated issuance of documents is subject to state duty.
Criminal review case
Paragraph 16, Art. 5 of the CPC states that claims for sentences are examined by an authorized body. A supervisory appeal in a criminal case can be submitted by:
- Suspect.
- Convicted
- Accused.
- Justified.
- The person in respect of whom the case is dismissed.
- Defenders.
- Injured.
- Representatives.
- Private prosecutors.
- The prosecutor.
- Other persons whose interests and rights are affected by the sentence.
Applications received from other citizens and organizations are not subject to consideration and will be returned to the applicants. Moreover, the rules of the CPC will be clarified in the decision to leave the application without consideration. This means that no public organization can apply to the supervisory authority to defend the interests of the convicted. The procedure for sending claims, reviewing and revising materials is regulated by Art. 402-412 Code of Criminal Procedure. 
Drawing up a claim
The supervisory appeal against a sentence in a criminal case is subject to the same requirements as in a civil procedure. The details of the authority to which the appeal is directed, the full name and address of the applicant are indicated. The content sets out disagreements, supported by arguments with reference to the law. The following is a requirement. The relevant papers are attached to the document, including a receipt on the payment of a fee.
Time to call
In Art. 376, part 2 of the Civil Procedure Code a period has been established during which a supervisory appeal may be sent. The deadlines for filing an application by some authors are considered insufficient to exercise the rights of citizens. Thus, the law establishes a year to challenge the act. Questions in practice arise due to the fact that the period of consideration at different stages exceeds the specified period. When making sole determinations, the date of receipt of the claim must be indicated for the correct calculation of the time for contestation.
