A supervisory complaint is drawn up and sent to the supervisory instance in case of disagreement with the decision of the cassation court. When considering a case by way of supervisory review, the judge will only examine your complaint and the contested original decision of the court, that is, the decision of the first court instance. Therefore, your task will be not only to file a supervisory complaint, but also to prove to the supervisory authority the need to claim and re-analyze the materials of your civil case.
Instructions
Step 1
To claim the case materials is the right of the supervisory instance, but not an obligation, therefore, a more in-depth study of the case materials by the higher court will depend on the credibility of your complaint.
You can file a supervisory complaint even if you were not a party to the process or a third party, only the fact of violation of your legitimate interests and rights by the decision made is required.
Step 2
Supervisory complaints are filed exclusively against court decisions that have entered into force. Complaints against court orders, any decisions of city or district courts, or a magistrate are filed with the presidium of the court of the corresponding constituent entity of the federation. Complaints against the appellate decisions of the district courts are sent to the same instance. If the first instance in the consideration of the case was the court of the subject of the federation, and the decision or determination of this instance was not appealed to the Supreme Court of Russia, then the supervisory appeal is sent to the presidium of the same court.
Step 3
In general, the appeal of decisions in the order of supervision takes place in stages, that is, the decision of a lower instance is appealed to a higher instance, but in compliance with the judicial hierarchy.
A supervisory complaint must contain:
- the name of the body where it is served;
- your complete details, address, procedural status;
- full details and address of all persons taking part in the case;
- the name of the document with the obligatory indication of which action and which instance is being appealed;
- a clearly formulated requirement to cancel the decision due to its unfoundedness and illegality with reference to the regulatory legal acts and a description of the essence of the violations (state your arguments in detail, it will depend on whether the judge requests all the case materials or not, it is optimal to include links on the materials of the case, but without citing all the subtleties in order to interest the judge in reclaiming the materials);
- “petitional” part with clauses on the claim of the case, verification of the validity of the legality of the decision or decisions and their cancellation.
Attached to the complaint are: copies of the appealed decisions, copies of the cassation rulings, additional evidence in the case, a copy of the receipt of payment of the state duty (in the absence of an appeal in cassation or appeal procedure).
