A supervisory complaint, or as it is now called, an application for review of a decision by way of supervision, is submitted to a higher court. It is filed in the case when your claims on appeal and cassation complaints were rejected or the arbitration courts refused to accept these claims for consideration. This application is your last chance to get what you want, so it's important to submit it wisely.
Term for filing a supervisory complaint
The supervisory authority is competent to appeal against the decisions taken by the cassation instance. Therefore, if you did not have time to file a cassation appeal within the established time frame, you should nevertheless apply for the restoration of the missed deadline and consider the case first in the cassation court. There are precedents when, when filing an application for review of a decision by way of supervision, the Supreme Arbitration Court of the Russian Federation redirected the case for consideration to the cassation instance.
Lawyers advise to clarify the deadlines for filing a claim in paragraph 3 of Article 292 of the Administrative Procedure Code of the Russian Federation, since recently they have been corrected several times.
In the event that the decision of the cassation court has entered into force, you must have time to submit an application for revision of the decision in the order of supervision within 3 months from the date of this decision.
How to file an application for review of the decision by way of supervision
When writing the address part of the application, it is necessary to take into account the location of the cassation court in order to correctly choose the judicial authority to which you are sending the complaint. In general, its addressee is the Supreme Arbitration Court of the Russian Federation, to whose address it should be filed. In this part of the complaint, the jurisdiction and jurisdiction must be indicated, and all interested parties are listed with their contact details.
When laying out the essence of the case, be sure to list all decisions made in the course of previous court cases, and not just those that you intend to appeal. It should be noted that the powers of the supervisory instance court include control over compliance with legal norms. Therefore, when listing decisions, it is necessary to provide references to laws and regulations of law, which would serve as convincing evidence that the decisions you appealed were made in violation of these laws and regulations. If you, as a legal entity, do not have your own lawyer on the staff, it doesn’t hurt to consult with a competent specialist who knows all applicable legal documents.
You must indicate one of these reasons in your request to appeal against previous court decisions.
The basis for canceling those decisions that you want to appeal may be:
- misinterpretation of the rules of law by the arbitration courts of the previous instances;
- violation of the rights and freedoms stipulated by the norms of international law and international agreements of the Russian Federation;
- violation of the rights and interests of undefined groups of persons or other interests that are public.
