Supervisory proceedings: concept and procedure for initiation

Definition 1

Judicial supervision is an independent and exclusive stage provided for in criminal proceedings.

An appeal to this authority is possible only after the case has been considered by lower authorities and the verdict has been verified (appeal or cassation).

Any persons whose rights and legitimate interests were affected by the procedural decision adopted in the case have the right to appeal to this authority. The supervisory body is the Presidium of the Supreme Court of the Russian Federation. We have already completed coursework

The Constitutional Court of the Russian Federation in more detail, including the chairman and deputy chairman of the Supreme Court. On this topic, we have already completed
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The concept of supervisory proceedings

Supervisory review as a stage of the process is a set of closely related procedural relations regulated by the norms of civil procedural law that arise in a supervisory court in order to verify the legality of court decisions, rulings, and decrees that have entered into legal force.
Supervisory proceedings are an independent stage of the civil process.

The need for such a stage is due to a number of circumstances. A situation is possible when a court decision that has entered into legal force turns out to be illegal, and consideration of the case by the courts of appeal and cassation does not always ensure the correction of a judicial error.

The meaning of supervisory proceedings:

1. verification of court decisions that have entered into legal force in the manner of supervision is an additional guarantee of the protection of the rights and legally protected interests of citizens and organizations;
2. ensuring uniform application of the law (formation of all-Russian judicial practice).

Characteristics of supervisory review:

• can only be carried out by the supervisory courts specified in the law (Presidium of the Supreme Court of the Russian Federation - Article 391.1 of the Code of Civil Procedure of the Russian Federation), which have broader powers than cassation courts;
• only on the basis of a judge’s ruling to transfer the case for consideration of a complaint or a prosecutor’s presentation on the merits in a supervisory court or a reasoned submission to revise court decisions in the order of supervision of the Chairman of the RF Supreme Court, Deputy Chairman of the RF Supreme Court (Article 391.5 of the Code of Civil Procedure of the Russian Federation);
• the subject of review by way of supervision is court decisions that have entered into legal force (they can be not only decisions and rulings of the court of first instance, but also decisions and rulings of courts of appeal and cassation);
• special grounds for canceling or changing court decisions in the order of supervision (Article 391.9 of the Code of Civil Procedure of the Russian Federation);
• decisions of the supervisory court are not subject to further appeal.

Cassation and supervision

Issuing a verdict of the Presidium regarding the supervisory complaint

The verdict regarding satisfaction or dissatisfaction of the complaint we are studying is made by the Presidium of the Russian Armed Forces through voting (the decision is made if the majority agrees with it). When the same number of people vote, the supervisory plan's complaint is not satisfied.

Why can court decisions be overturned?

1. If a court act violates the rights and freedoms regulated by the Constitution of our country, the general principles and rules of international law.
2. Due to a violation by a judicial act of the rights and legitimate interests of citizens or other public interests.
3. In case of violation of uniformity in the meaning and use of legal norms by the court.

Sometimes a court decision can be overturned: for example, due to violation of human rights and freedoms, etc.

Upon completion of the study of the complaint from the supervisory plan, the Russian PVS may issue one of the following verdicts:

• leave the court act without corrections - therefore, the complaint submitted by the citizen in this case is not satisfied;
• approve the challenge in whole or in part, cancel the act or acts of the court and send the case for review;
• leave any of the court acts issued in the case in effect;
• make another verdict that does not conflict with current legislation.

Note ! Based on Article 344 of the CAS of Russia, the country’s PVS Resolution begins to operate from the moment of adoption. It cannot be appealed.

The decision of the Presidium of the Supreme Court is not subject to appeal

Similarities and differences with other stages of review of judicial decisions

There are common features between the different stages of checking for legality:

1. Pursued goals.
2. Legal meaning.
3. The function of checking the work of lower-level bodies administering justice.
4. Prohibition on worsening the situation of the convicted person.
5. Monitoring the legality and validity of the acts issued (Article 401.1 provides for an identical task for cassation).
6. Indications of errors and the need for correction are binding.
7. Grounds for recognizing the appealed acts as illegal.

At the same time, the stage of judicial review differs significantly from the appeal:

• by type of judicial acts sent for review;
• by subject composition (subjects such as the applicant and other persons are unknown to the appeal);
• procedural deadlines, their regulation (for appeals they are prescribed in the relevant chapter of the code, for supervision they are not provided for by law);
• review procedure (appeal - repetition with a new study of evidence, in supervision the evidence base is not questioned);
• authorized government agency exercising control functions and the scope of its powers.

The main difference is the appeal of an act carried out by the correctional system; for an appeal, short deadlines are provided before the execution of the sentence begins.

The points that differ from the cassation procedure are contained in the table.

The procedure for receiving a complaint, which will be discussed further, is also not similar to the cassation procedure.

Text of the book “Criminal procedure: a textbook for universities”

Reasons and grounds for initiating proceedings in a supervisory court

Reasons for initiating proceedings in a supervisory court

– these are legal facts established by criminal procedural legislation related to the receipt by supervisory courts of information regarding the disagreement of certain participants in criminal proceedings with sentences (other decisions) that have entered into legal force.

The criminal procedural legislation of the Russian Federation provides for the following reasons for initiating supervisory proceedings.

1. Supervisory representation

.
Such a reason is a written act of the prosecutor’s response to a court decision that, in his opinion, does not satisfy the interests of the state[122] 122
The legislator does not specify which prosecutors are authorized to submit a supervisory review. However, by drawing an analogy of this procedural provision with the corresponding norm regulating the reasons for proceedings in the court of second instance (Part 4 of Article 354 of the Code of Criminal Procedure of the Russian Federation), we can conclude that the right to make supervisory submissions is vested in both the prosecutor who acted as a public prosecutor (in first or second instance), and all higher prosecutors.

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2. Supervisory complaint

- this is a written appeal to the supervisory court of a participant in criminal proceedings interested in the outcome of the case, containing a request to review a court decision that has entered into legal force, which does not satisfy his own or the interests represented (protected) by him. In accordance with part 1 of Art. 402 of the Code of Criminal Procedure of the Russian Federation, the following have the right to send a supervisory appeal to a higher court:

– suspects and accused (including defendants, convicted and acquitted);

– defenders and legal representatives;

– victims and their representatives.

In addition to the participants expressly indicated in Part 1 of Art. 402 of the Code of Criminal Procedure of the Russian Federation, the right of supervisory appeal within the meaning of the law also belongs to other persons whose interests are affected by a court decision that has entered into legal force.

As the Plenum of the Armed Forces of the Russian Federation explains, a sentence, ruling and ruling of a court that have entered into legal force can be appealed: by a suspect, accused, convicted, acquitted, a person against whom the criminal case has been terminated, their defenders, representatives or legal representatives, the victim, his legal representative or a representative, a civil plaintiff and a civil defendant, their representatives (insofar as they relate to the civil claim), a prosecutor, a private prosecutor, as well as other persons to the extent that the court decision affects their interests (see resolution of January 11, 2007 No. 1).

The possibility of bringing supervisory complaints by persons not specified in Part 1 of Art. 402 of the Code of Criminal Procedure of the Russian Federation, including those who do not have the procedural status established by the Code of Criminal Procedure of the Russian Federation, in the event that a court decision that has entered into legal force affects their rights or legitimate interests, the Constitutional Court has repeatedly indicated (see rulings of November 5, 2004 No. 350 -O, dated December 21, 2004 No. 465-O, dated November 1, 2007 No. 949-O-P).

Grounds for initiating supervisory proceedings

can be considered the presence of sufficient information indicating the illegality, groundlessness or injustice of a court decision that has entered into legal force and stipulating the review of this decision in the manner of supervision.

Unlike proceedings in a court of second instance, where the grounds simply follow from the relevant reason and are essentially the free expression of the interested parties, the grounds for initiating supervisory proceedings are established by the court itself (one of the judges - members of the court's supervisory staff) during a certain pre-trial inspection carried out in accordance with Art. 406 of the Code of Criminal Procedure of the Russian Federation.

In this regard, the supervisory complaint or submissions may well be rejected, and the initiation of supervisory proceedings may be refused.
And that is why the legislator in part 2 of Art. 402 of the Code of Criminal Procedure of the Russian Federation identifies the reasons for initiating supervisory proceedings with criminal procedural petitions. Limits of the rights of the court of supervisory authority
1. Unlike appellate or cassation proceedings, when considering a criminal case by way of supervisory review, the court is not bound

arguments of the supervisory complaint or presentation and has the right to check all criminal proceedings in full (Part 1 of Article 410 of the Code of Criminal Procedure of the Russian Federation). In particular, if several persons have been convicted in a criminal case, and a supervisory complaint (representation) was brought by only one of them (in relation to some of them), then the court has the right to check the criminal case in relation to all convicted persons. The only exception to this rule is the prohibition on canceling a court decision in relation to those convicted or acquitted, who are not affected by the supervisory complaint or presentation, if this worsens their situation.

2. When considering a complaint from a victim (his representative) or a prosecutor’s presentation to a supervisory authority, a “turn in the criminal case for the worse” is possible.

. In other words, supervisory courts have the right to review sentences and other court decisions in connection with the need to apply the criminal law on a more serious crime due to the leniency of the punishment or for other reasons that entail a worsening of the situation of the convicted or acquitted person.

When considering this provision of criminal proceedings, it is necessary to pay attention to the following circumstance. Thus, the legislator not only did not provide for the possibility of “turning a criminal case for the worse” for supervisory proceedings, but established a direct ban on this (Article 405 of the Code of Criminal Procedure of the Russian Federation).

However, as a result of checking the specified procedural provision, the Constitutional Court recognized the specified criminal procedural norm in the part in which it previously completely excluded the possibility of a “turn for the worse” when considering criminal cases in the manner of supervision, which did not comply with the Constitution of Russia.

Thus, in the operative part of the resolution of the Constitutional Court of May 11, 2005 No. 5-P, it is noted: Article 405 of the Code of Criminal Procedure of the Russian Federation to the extent that it is in the system of the current criminal procedural regulation of the review of sentences, rulings and court decisions that have entered into legal force, not allowing a turn for the worse when reviewing a court decision in the manner of supervision on the complaint of the victim (his representative) or on the proposal of the prosecutor, thereby preventing the elimination of significant (fundamental) violations committed in the previous proceedings that influenced the outcome of the case, and is recognized as inconsistent with the Constitution of Russia.

Consequently, based on the above legal position of the Constitutional Court, a review of a court decision that has entered into force in a direction that worsens the person’s position is possible only on the grounds of its illegality established by Articles 381, 382 of the Code of Criminal Procedure of the Russian Federation. Moreover, it is permissible only within a year after the court decision enters into legal force[123] 123

The provision on a one-year period for reviewing court decisions also follows from the specified resolution of the Constitutional Court of the Russian Federation and is valid until appropriate changes and additions are made to the criminal procedural legislation.

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In all other cases, a “turn for the worse” in the supervisory order is impossible

. In particular, it is unacceptable to review a court decision due to groundlessness, i.e., inconsistency of the conclusions set out in the court decision of the first or second instance with the actual circumstances of the criminal case. And accordingly, neither the prosecutor, not the victim, nor any other interested party has the right to raise before the supervisory court the question of reviewing the sentence citing groundlessness.

3. By establishing the limits of the rights of the supervisory court, the legislator limits its ability to make decisions that are within the jurisdiction of lower courts. Namely, in accordance with part 7 of Art. 410 of the Code of Criminal Procedure of the Russian Federation, when considering a criminal case by way of supervision, the court does not have the right to: a) establish or consider as proven facts that were not established in the verdict or were rejected by it; b) prejudge questions about the provenness or otherwise of the accusation, the reliability or unreliability of this or that evidence and the advantages of some evidence over others; c) make decisions on the application by the court of first or appellate instance of a particular criminal law and on the measure of punishment; d) by canceling the ruling of the cassation court, prejudge the conclusions that may be made by the cassation court when re-examining this criminal case.

§ 2 Procedural procedure for supervisory appeal of sentences and other court decisions that have entered into legal force

Jurisdiction of criminal cases by supervisory courts
Jurisdiction of a criminal case considered in the supervisory order, as well as in lower authorities, is determined by two criteria: a) territorial; b) link.

Territorial criterion

determines the place of consideration of the criminal case. Thus, in the supervisory procedure, a criminal case, regardless of the place where a socially dangerous act was committed, is considered at the place where the final decision of the court of first or second instance was made.

Link criterion

determines the level of the judicial body (link of the judicial system) authorized to consider a criminal case in the manner of supervision. In this case, as at the stage of proceedings in the court of second instance, the level of the judicial body authorized to consider supervisory complaints or submissions is determined depending on the level of the court that issued the final verdict (other decision).

In accordance with Article 403 of the Code of Criminal Procedure of the Russian Federation, the following rules are established for the level of jurisdiction of a criminal case in the order of supervision:

1) presidium of the regional level court (equivalent military court):

– any decisions of magistrates;

– any decisions of district courts;

– cassation rulings of the judicial board on criminal cases of the regional-level court (equivalent military court);

2) The Judicial Collegium for Criminal Cases (Military Collegium) of the Supreme Court of the Russian Federation reviews:

– all court decisions within the jurisdiction of the presidiums of regional-level courts (equivalent military courts), if they have already been the subject of their consideration;

– any decisions of judicial panels in criminal cases of regional-level courts (equivalent military courts), made in the first instance, which were not considered in cassation by the Supreme Court of the Russian Federation;

– decisions of the presidiums of regional-level courts (equivalent military courts) previously issued in the order of supervision;

3) The Presidium of the Supreme Court of the Russian Federation reviews:

– sentences and rulings of the Judicial Collegium for Criminal Cases (Military Collegium) of this Court;

– determinations of the Cassation Board of the Supreme Court of the Russian Federation;

– decisions of judges of the Supreme Court of the Russian Federation on the appointment of a court hearing.
The procedure for filing a supervisory complaint or presentation
Unlike proceedings in a court of second instance, supervisory complaints and presentations are sent directly to the judicial authority

whose jurisdiction they fall under. Since judicial decisions that have already entered into legal force are reviewed by way of supervision, the legislator has not established any deadlines for filing such complaints or representations. The only exception in this case can be recognized as the one-year period established by the Constitutional Court for reviewing court decisions in the direction of a “turn for the worse,” as mentioned above.

The law also does not establish separate specific requirements for the form and content of supervisory complaints or submissions. So, in accordance with part 1 of Art. 404 of the Code of Criminal Procedure of the Russian Federation, these procedural documents are drawn up according to the same rules as cassation complaints or presentations.

The following are attached to the supervisory appeal (presentation): a) a copy of the verdict or other appealed court decision that has entered into legal force;
b) copies of court decisions made in this case by the courts of appeal or cassation; c) copies of court decisions made by supervisory courts, if this criminal case has already been considered by way of supervision; d) if necessary, copies of other procedural documents confirming, in the opinion of the applicant, the arguments set out in the complaint or presentation. Procedural procedure and time frame for consideration of a supervisory complaint (submission)
Supervisory complaints and presentations received by the court must be subjected to a certain pre-trial review

, during which their validity is established, i.e. the presence of sufficient data indicating the need for a supervisory review of a sentence (other court decision) that has entered into legal force.
Consequently, the purpose of
such an inspection is to establish the presence or absence of grounds for initiating supervisory proceedings.

Pre-trial inspection is carried out individually

one of the members of the judicial body of the supervisory authority, who had not previously participated in the consideration of this criminal case. The judge conducts a pre-trial review of the materials received along with the complaint or presentation. However, in accordance with part 2 of Art. 406 of the Code of Criminal Procedure of the Russian Federation, if necessary, he has the right, within the limits of his competence, to demand any criminal case from any lower court.

As the Plenum of the Armed Forces of the Russian Federation explained, when deciding on the issue of reclaiming a criminal case, one should proceed from the fact that the case should be reclaimed in every case when doubts arise about the legality, validity and fairness of the sentence, the legality and validity of the determination or resolution (see resolution dated 11 January 2007 No. 1).

The period for pre-trial verification of materials from supervisory proceedings is 30 days

and is calculated from the date of receipt of the supervisory complaint or presentation to the court. The time spent on requesting the materials of the relevant criminal case from the lower court is not taken into account when calculating the time limits for the pre-trial inspection.

Based on the results of the pre-trial review, the judge may make one of the following decisions:

– on initiating supervisory proceedings and transferring the materials of the criminal case to the supervisory court for consideration. At the same time, the judge, when deciding to initiate supervisory proceedings, does not have the right to prejudge the conclusions of the supervisory court in this decision;

– on refusal to satisfy a supervisory complaint or presentation.

The decision to refuse to satisfy a supervisory complaint or presentation may be appealed by interested parties to the chairman of the regional-level court (equivalent military court) or the Chairman (his deputy) of the Supreme Court of the Russian Federation.

These officials have the right, by their resolution, to cancel the decision to refuse to satisfy a supervisory complaint (representation), independently initiate supervisory proceedings and send its materials for judicial review.

§ 3 Consideration of a criminal case by a supervisory court

The consideration of a criminal case by way of supervision must be started by the presidium of a regional-level court (equivalent military court) no later than 15 days

, and by the Judicial Collegium for Criminal Cases (Military Collegium) or the Presidium of the Supreme Court of the Russian Federation - no later than
30 days
from the date of the decision to initiate supervisory proceedings. The court notifies interested parties of the date, time and place of the hearing.

The prosecutor takes part in the court hearing.
In addition to this, the legislator gives this right to the suspect, accused, convicted or acquitted, their defenders and legal representatives, as well as other persons whose interests are directly affected by the complaint or presentation, subject to their filing of appropriate petitions. All participating persons are given the opportunity to familiarize themselves with the content of the supervisory complaint (submission). Procedural procedure for considering a criminal case in a court of supervisory instance
In accordance with Article 407 of the Code of Criminal Procedure of the Russian Federation, the legislator provides the following procedural procedure for considering a criminal case in a court of supervisory instance.

1. The court hearing begins with a report from the judge who carried out a pre-trial check on the received supervisory complaint (submission). At the same time, the legislator once again emphasizes that the rapporteur can only be a judge who has not previously participated in the consideration of this criminal case. The report summarizes the results of the pre-trial review of the materials of the supervisory proceedings, i.e., it sets out the circumstances of the criminal case, the content of the verdict or other court decision, the motives for the supervisory complaint (presentation) and the grounds for initiating supervisory proceedings.

On the merits of these circumstances, both members of the supervisory court and other persons participating in the meeting may ask questions to the rapporteur.

2. Having heard the report, the court proceeds to the presentations of the parties. Thus, in the event of initiation of supervisory proceedings on the initiative of the prosecutor, the court gives him the floor to support the supervisory submission made by him. If a suspect, accused, convicted or acquitted person, their defense attorneys or legal representatives, as well as the victim and his representative participate in the court hearing, then they have the right to give oral explanations. These explanations may concern both the substance of the supervisory complaint filed and the statements of other participants.

3. After the parties have spoken, they are removed from the courtroom, and the supervisory court begins to make a decision.

Please note: the legislator does not indicate the need to make a decision on the merits of a supervisory complaint (submission) in the deliberation room. Therefore, the court, having removed all participants, may well make such a decision directly in the courtroom.

Decisions of the court of the supervisory instance
Based on the results of the consideration of the criminal case, the court of the supervisory instance, in accordance with Article 408 of the Code of Criminal Procedure of the Russian Federation, has the right to make one of the following decisions:

a) to leave the supervisory complaint or presentation unsatisfied, and the appealed court decisions - without change;

At the same time, the Constitutional Court noted that it is unacceptable for the courts of the supervisory authority to refuse, when issuing a ruling (resolution) to leave the appealed decision unchanged, to fully consider and evaluate the arguments of the complaint, as well as motivate their decisions by pointing out the specific grounds on which the arguments are rejected by a higher court (see ruling dated July 8, 2004 No. 237-O).

b) cancellation of the verdict (other court decision) of the first instance and all subsequent court decisions and termination of criminal proceedings;

c) cancellation of the verdict (other court decision) of the first instance and all subsequent court decisions and transfer of the criminal case for a new trial to the court of first instance;

d) cancellation of the decision of the appellate court and all subsequent court decisions and transfer of the criminal case for a new appeal hearing;

e) cancellation of the ruling of the cassation court and all subsequent court decisions and transfer of the criminal case for a new cassation hearing;

f) introducing changes to the sentence, ruling or resolution of the court, but only within the rights of the supervisory court established by Articles 405 and 410 of the Code of Criminal Procedure of the Russian Federation.

In case of cancellation or change of a sentence or other appealed court decision, the supervisory court must indicate specific reasons. Thus, the grounds for canceling or changing a court decision in a supervisory procedure are similar to those established by law for cassation (Article 379 of the Code of Criminal Procedure of the Russian Federation), i.e., they come down to a violation of the requirements of legality, validity and fairness.

The decision to cancel or change a sentence (other court decision) is made by a majority vote of judges

. In case of equality of votes, the supervisory complaint or presentation is considered rejected. However, if the Presidium of the Supreme Court considers a criminal case in which the death penalty is imposed as a penalty, a supervisory complaint or motion to abolish the death penalty and replace it with a more lenient punishment is considered satisfied if less than two-thirds of those present at the meeting vote to retain the death penalty. judges.

Decisions made based on the results of the supervisory review of a criminal case by the presidiums of regional-level courts (equivalent military courts) and the Presidium of the Supreme Court are made in the form of decisions

.
Decisions made by the Judicial Collegium for Criminal Cases (Military Collegium) of the Supreme Court are made in the form of rulings
. The ruling of the supervisory instance court is signed by the entire composition of the court, and the resolution - only by the presiding judge at the meeting.

The legislator does not provide for special procedural requirements for supervisory decisions and rulings and indicates that such documents are drawn up according to the rules of cassation ruling (Article 388 of the Code of Criminal Procedure of the Russian Federation). Along with the decision of the supervisory court, the following are attached to the materials of the criminal case: a) the supervisory complaint or presentation that served as the basis for initiating supervisory proceedings; b) a judge’s decision to initiate supervisory proceedings; c) a resolution of the chairman (deputy chairman) of the supervisory court to cancel the decision to refuse to satisfy the supervisory complaint or presentation.

As the Plenum of the Armed Forces of the Russian Federation explained, the instructions contained in the resolution (ruling) of the supervisory court regarding violations committed in the previous trial or pre-trial proceedings are as binding as any other court decision, therefore, the failure of a lower court or prosecutor to comply with these instructions is grounds for reversing a court decision if the conditions provided for in Part 1 of Art. 381 of the Code of Criminal Procedure of the Russian Federation (see resolution of January 11, 2007 No. 1).

After the cancellation of a court decision appealed through the supervisory procedure, the criminal case is subject to consideration in the general manner established respectively by Chapters 33–40, 42 and 45 of the Code of Criminal Procedure of the Russian Federation. A verdict or other judicial decision of a court of first instance during a new consideration of a criminal case may be appealed anew to a court of second instance in accordance with the general procedure.

Grounds for establishing supervisory proceedings in the prosecutor's office

For any check, as well as protest, there must be grounds. In the case of such proceedings, the court verdict can be verified by the authorized body only if the applicant has provided grounds for this. After all, no one has the right to simply check the legality and grounds of a court’s verdict. According to the law, this can only be done on the basis of:

• supervisory representation;
• supervisory complaint.

The difference between these documents is that the first is submitted by the prosecutor, while the second is submitted by a person interested in the process or his representative.

Article 412.12. Code of Criminal Procedure of the Russian Federation. Limits of the rights of the Presidium of the Supreme Court of the Russian Federation

1. When considering a criminal case by way of supervision, the Presidium of the Supreme Court of the Russian Federation verifies the correct application of the norms of criminal and criminal procedural laws by the lower courts that considered the case, within the limits of the arguments of the supervisory complaint or presentation. In the interests of legality, the Presidium of the Supreme Court of the Russian Federation has the right to go beyond the arguments of the supervisory complaint, presentation and consider the criminal case in full, including in relation to persons who have not appealed court decisions in the supervisory order.
2. The instructions of the Presidium of the Supreme Court of the Russian Federation are mandatory for the court re-hearing a criminal case.
3. The Presidium of the Supreme Court of the Russian Federation, in the event of a reversal of a court decision, has no right to establish or consider as proven circumstances that were not established or were rejected by the court of first instance or appeal, prejudge questions about the reliability or unreliability of this or that evidence, the superiority of some evidence over others, and determine what court decision should be made in a new trial of the case.

For what reason are supervisory proceedings initiated?

Supervisory proceedings in civil proceedings differ from those in criminal proceedings, by and large, only in the composition of the offense. Therefore the procedure is the same in both cases. The reason for initiating this process can only be information that indicates that the court verdict was made illegally and without proper grounds. It is also important that there is no time limit for filing a supervisory complaint. In addition, there are several supervisory authorities. That is, the same case can be considered more than once during supervisory proceedings in criminal or civil proceedings.

The supervisory procedure gives the right to review:

• any decisions of the first court;
• verdicts of the judge when he appoints a court hearing;
• resolution of cassation appeals;
• determinations that were made during the execution of the sentence;
• decisions of supervisory authorities of a lower rank.

How do proceedings proceed in a supervisory court?

In general, the process we are considering can be divided into two stages. The first of them involves a judge reviewing the necessary supervisory authority within a month from the date of receipt of the document of this complaint or presentation and resolving the issue of the need to begin supervision. In some situations, a judge has the right to demand the criminal case he needs - of course, within the limits of his competence.

After analyzing the received complaint, the judge determines whether it is necessary to begin supervisory proceedings and send the received documentation for study to the court along with the case, if required. It is also possible to refuse to approve the complaint. Then you can file an appeal against this verdict - the challenge is filed in the name of the chairman of the regional, regional and similar courts, the Chairman of the Russian Armed Forces or the person replacing him. They, in turn, may disagree with the opinion of the judge who issued a negative verdict, nullify its legal force and make their own decision on the need to begin proceedings and send the complaint to the court for examination.

The following is an examination of the complaint.

Note ! This process lasts a maximum of 15 days, and if the situation concerns the country’s Armed Forces, a maximum of a month from the date of the verdict.

The judge decides whether supervisory proceedings will begin

The trial involves a prosecutor, a convicted person, a lawyer, and other citizens whose interests may be infringed by the document provided if these persons submitted appropriate petitions before the hearing. These citizens have the right to review the complaint we are examining.

The case is explained by a member of the presidium of the regional, regional or similar courts or by another judge who has not previously participated in the trial regarding this case. Then they give the prosecutor the right to speak so that he supports the submitted proposal of the supervisory plan.

Another judge takes part in the case, who was not previously involved in the case

Note ! Participants in the case have the right, after the prosecutor’s explanations, to outline their vision of this situation.

The parties must then be removed from the courtroom. After this, the presidium makes a decision and issues a resolution.

The decision regarding the received document is made on the basis of a majority vote of the judges. If the number of votes is equal, then the citizen's request will not be granted, except in situations in which execution is taken as the punishment. Supervisory complaints about the abolition of the death penalty or its replacement with a less severe punishment are satisfied if less than 2/3 of the participants in the Russian PVS vote for the need for execution.

The decision is made by several judges

Who has the right to file a supervisory complaint?

Having figured out where to write a supervisory complaint in a criminal case, you need to understand who has the right to perform such an action. This issue is regulated by the first paragraph of Article 412.1 and Article 401.2 of the Code of Criminal Procedure. According to these provisions of the law, the following subjects of criminal proceedings are vested with the right to file:

• convicted persons;
• acquitted persons;
• victims;
• any other subjects of criminal proceedings whose rights were violated by a court decision.

A complaint can be submitted either personally or through a representative. For example, writing a complaint on behalf of a person serving a sentence must be his representative, who has the appropriate power of attorney certified by a notary or the head of the colony.

Where and how to file a supervisory complaint

First of all, you need to understand where a supervisory complaint in a criminal case is filed. According to current legislation, a complaint must be filed directly with the Supreme Court of the Russian Federation. This can be done in person, or by sending a registered letter by mail. From January 1, 2022, it became possible to contact the supervisory authority by sending a complaint electronically.

It must be taken into account that the Presidium of the RF Armed Forces can review, by way of supervision, court decisions listed in the third paragraph of Article 412.1 of the Code of Criminal Procedure.

What is a supervisory complaint in a criminal case? In essence, this is an appeal to the Supreme Court with a request to consider a criminal case and the decision made on it in order to eliminate the errors made by the lower court. The main purpose of reviewing a contested sentence is to determine the degree of its legality and its compliance with the requirements of the legislation in force in the territory of the Russian Federation.

Requests made by filing a complaint may be satisfied in whole or in part. As a result of this, decisions, rulings and sentences that have entered into force may be canceled or changed. This is possible if the Presidium of the Supreme Court discovers deviations from the provisions of the current Criminal Code and the Code of Criminal Procedure of the Russian Federation.

Most often, filing a supervisory appeal to the Supreme Court of the Russian Federation in criminal cases is motivated by the fact that lower courts take into account when making a decision evidence that was obtained illegally and, therefore, is inadmissible.

What decisions can be reconsidered?

By way of supervision, only sentences and decisions of the following courts that have entered into legal force can be reviewed (the list is exhaustive):

1. sentences and decisions of regional and regional courts, if these decisions were the subject of appeal to the appellate instance of the Supreme Court of the Russian Federation.

Example No. 1 . Court of the Kemerovo Region Egorov K.E. was convicted under paragraph “a” of Part 2 of Art. 105 of the Criminal Code of the Russian Federation (murder of two or more persons), after which the lawyer appealed the verdict to the Supreme Court, this appeal was left unsatisfied. Subsequently, the defense side of Egorov K.E. filed a supervisory appeal to the Presidium of the Supreme Court of the Russian Federation.

By analogy with the tiered system of general courts, sentences of a military district court (analogous to a regional or regional court) can be reviewed as a matter of supervision, subject to appeal consideration by the Military Collegium of the Supreme Court of the Russian Federation.

2. Judicial decisions of the appellate instance of the Supreme Court of the Russian Federation may be separately reviewed in the order of supervision. For example, when the subject of a supervisory appeal is not the original verdict, but the decision following the appeal.

Example No. 2 . By the verdict of the Moscow City Court Emelyanov K.A. convicted under Part 5 of Art. 228.1 of the Criminal Code of the Russian Federation (sale of narcotic drugs on an especially large scale). The convict did not agree with the verdict and within 10 days appealed it to the collegium of the Supreme Court of the Russian Federation. The appeal ruling upheld the sentence. Emelyanov K.A. wrote a complaint to the Presidium of the Supreme Court of the Russian Federation with a request to review only the appellate ruling, indicating in the text a request to return the case not to the Moscow City Court, but again to the appellate judicial body.

3. The subject of appeal may be rulings of the Supreme Court of the Russian Federation adopted following the consideration of cassation appeals against sentences that have entered into legal force.

Example No. 3 . Neronov E.K. was convicted by the verdict of the Supreme Court of the Republic of Crimea under Part 5 of Art. 131 of the Criminal Code of the Russian Federation (rape of a victim under 14 years of age by a previously convicted person) to 20 years in prison. No one appealed this verdict, but subsequently, after it came into force, the victims (the girl’s parents) filed a cassation appeal to the Supreme Court of the Russian Federation. The cassation upheld the verdict, after which the representatives of the victim wrote a supervisory complaint to the Presidium of the Supreme Court of the Russian Federation, in which they set out a demand for the appointment of E.K. Neronov. life imprisonment.

Question : Where is a supervisory complaint filed?

Directly to the Supreme Court of the Russian Federation, to the general chancellery. It can be sent by regular mail or electronically (from 01/01/2017). Its further movement is controlled by specialists who are guided by the Temporary Instruction on record keeping of the RF Armed Forces, approved in 2014.

Procedure for initiating supervisory proceedings

Court decisions that have entered into legal force may be reviewed by way of supervision by the Presidium of the Supreme Court of the Russian Federation on complaints

1. persons involved in the case, and
2. other persons if their rights, freedoms and legitimate interests are violated by these court decisions.

The Prosecutor General of the Russian Federation and his deputies have the right to appeal to the Presidium of the Supreme Court of the Russian Federation with a request to review court decisions, if a prosecutor was involved in the consideration of the case.

A supervisory complaint or presentation is filed directly with the Supreme Court of the Russian Federation within 3 months from the date of entry into force of court decisions.

Contents of supervisory complaints, submissions

A supervisory complaint or presentation must contain (Article 391.3 of the Code of Civil Procedure of the Russian Federation) :

1. the name of the court to which they are filed;
2. the name of the person filing the complaint or presentation, his place of residence or location and the procedural position in the case;
3. names of other persons participating in the case, their place of residence or location;
4. an indication of the courts that considered the case at the first, appellate or cassation instance, and the content of the decisions they made;
5. an indication of the court decisions that are being appealed;
6. an indication of the grounds for reviewing the court decision in the manner of supervision, providing arguments indicating the existence of such grounds;
7. request of the person filing the complaint or representation.

The supervisory complaint of a person who did not take part in the case must indicate what rights, freedoms or legitimate interests of this person were violated by a court decision that entered into legal force.

The supervisory complaint must be signed by the person filing the complaint or his representative. The complaint filed by the representative shall be accompanied by a power of attorney or other document certifying the authority of the representative. The supervisory submission must be signed by the Prosecutor General of the Russian Federation or his deputy.

Copies of court decisions adopted in the case, certified by the relevant court, are attached to the supervisory complaint or presentation.

A supervisory complaint or presentation is submitted with copies, the number of which corresponds to the number of persons participating in the case.

The supervisory complaint must be accompanied by a document confirming the payment of the state duty in the cases, procedure and amount established by law, or the right to receive a benefit in the payment of the state duty, or a court ruling granting a deferment, payment by installments, or a reduction in the amount of the state duty.

Return of a supervisory complaint or presentation without consideration of the merits

A supervisory complaint or presentation is returned without consideration on the merits within 10 days from the date of its receipt by the supervisory court if:

1. the supervisory complaint or presentation does not meet the requirements provided for in paragraphs 1 – 5 and 7 of part one, parts three – six of Article 391.3 of the Code;
2. a supervisory complaint or presentation was filed by a person who does not have the right to appeal to a supervisory court;
3. the deadline for appealing a court decision in the supervisory order has been missed and the supervisory complaint or presentation does not contain a request for the restoration of this period or its restoration has been refused;
4. there was a request for the return or withdrawal of a supervisory complaint or presentation;
5. The supervisory complaint or presentation was filed in violation of the rules of jurisdiction established by Part Two of Art. 391.1 of the Code.

After receipt by the court of the supervisory authority, the supervisory complaint, presentation, filed in accordance with the rules established by Art. 391.1 – 391.3 of the Code, are studied by a judge of the Supreme Court of the Russian Federation

• based on the materials attached to the complaint, presentation, or
• based on the materials of the requested case.

If the case is requested, they may issue a ruling to suspend the execution of the court decision until the end of the proceedings in the supervisory court if there is a request for this in the supervisory complaint, prosecutor’s presentation or other petition.

Based on the results of studying the supervisory complaint or presentation, the judge of the Supreme Court of the Russian Federation issues a ruling:

1. on the refusal to transfer a supervisory complaint or presentation for consideration at a court hearing of the Presidium of the RF Armed Forces, if there are no grounds for reviewing court decisions in the manner of supervision. At the same time, the supervisory complaint, presentation, as well as copies of the appealed court decisions remain in the supervisory court;
2. on the transfer of supervisory complaints, presentations with the case for consideration at a court hearing of the Presidium of the Armed Forces of the Russian Federation.

The Chairman of the RF Supreme Court or his deputy have the right to disagree with the decision of the judge of the RF Supreme Court on the refusal and issue a ruling to cancel it and transfer the supervisory complaint or presentation with the case for consideration at a court hearing of the Presidium of the RF Supreme Court.

Submission methods

As a rule, a supervisory complaint is sent by Russian Post: by a valuable letter with a list of the contents (by registered mail with acknowledgment of delivery).

Users who have a confirmed account in the ESIA system (on the State Services portal) or an electronic digital signature can submit a complaint through the website of the RF Armed Forces: https://www.vsrf.ru. You can track the results of submitting documents in your personal account.

Is it possible to impose a more severe punishment?

According to the generally accepted rule, a supervisory appeal in a criminal case to the Supreme Court cannot worsen the situation of the convicted person. However, there are exceptions to this rule. These include situations where the lower court committed violations of the current legislation that distort the meaning of justice.

This exception is applicable only within a year after the verdict enters into legal force. The twelve month period cannot be restored. A more severe sentence can only be imposed when considering a complaint filed by another participant in the process. The Supreme Court has the right to make such decisions only within the scope of a supervisory appeal. In simple words, based on the complaint of the convicted person, the sentence can only be commuted; a more severe punishment cannot be imposed.

Writing a complaint

The supervisory court starts with sending a complaint. The form and content of the document are strictly controlled. What needs to be written down:

• the name of the court body to which the complaint is sent;
• Full name of the citizen who compiled the document, his place of residence or current location;
• listing of persons participating in the case, their residential addresses;
• decisions with which the citizen does not agree;
• the reason for reviewing the case with a detailed description;
• request of the citizen - the author of the document.

To begin proceedings, a complaint must be filed

A complaint of the supervisory type is endorsed by the signature of the author. The law allows the document to be sent by the author's representative. In such a situation, it is necessary to attach a power of attorney or other official confirmation of the powers of the authorized person. The supervisory submission must be approved by the signature of the Prosecutor General of the country or his deputy. Such a challenge must be accompanied by copies of decisions in the case approved by any court. In addition, you must attach a receipt for payment of the state duty.

The complaint is sent specifically to the supervisory court. You must attach a copy of the verdict to the document.

Note ! In some situations, copies of other official documents related to the trial are required, which, in the opinion of the author of the application, confirm the evidence stated in the complaint.

Copies of the verdict and other papers related to the proceedings are attached to the complaint.

Stages of supervisory proceedings

According to the law, a supervisory complaint or submission is first considered by an authorized authority. During the consideration process, the case is requested, studied and a response is sent to the interested person, which determines or refuses to challenge a particular verdict. If the answer is positive, a protest is filed and considered by the supervisory authority. Then comes the decision.

But one should not confuse supervisory and cassation proceedings. Cassation is possible only when the verdict has not yet entered into legal force, and this complaint is filed only once.

Article 412.2. Code of Criminal Procedure of the Russian Federation. Procedure and deadline for filing supervisory complaints and presentations

A supervisory complaint or presentation is filed directly with the Supreme Court of the Russian Federation. Court decisions specified in part three of Article 412.1 of this Code may be appealed through the supervisory procedure within one year from the date of their entry into legal force. If the deadline for appeal is missed for a good reason, persons who have the right to file a complaint or presentation may petition the court that passed the sentence or made another decision being appealed to restore the missed deadline in the manner prescribed by Article 389.5 of this Code.

Deadline for filing a complaint

Currently, criminal proceedings do not regulate the time limit for filing a supervisory complaint. Thus, you can contact the Presidium of the RF Armed Forces:

• while serving a sentence;
• after release from prison;
• after a criminal record has been expunged.

At the same time, if we are talking about the revision of a judicial act on grounds that entail a worsening of the situation of the convicted person (acquitted or a citizen against whom the criminal case was terminated), then the period for appealing to the supervisory authority is limited to 1 year from the date of entry into legal force of the appealed decision (Article 401.6 Code of Criminal Procedure of the Russian Federation).

Time limits for consideration of a supervisory complaint

All complaints received by the Presidium of the Supreme Court of the Russian Federation undergo a mandatory preliminary stage of consideration by one of the judges within the following period:

• no more than 1 month, if the case has not been requested;
• no more than 2 months – in the case of a criminal case.

Based on the results of the preliminary examination of the submitted documents, the judge makes a determination:

• on the review of the appealed judicial act at a meeting of the Presidium of the RF Armed Forces;
• on refusal to consider the supervisory complaint.

The meeting must be scheduled within a period not exceeding 2 months from the date of the ruling in favor of the applicant.

Time limits and regulations for studying a filed complaint

A supervisory complaint is analyzed by the PVS within 2-3 months based on whether the case was requested in the court of the previous instance (the time frame regarding which the case was received by the institution is not taken into account). Based on the second part of Article 336 of the CAS of Russia, the Chairman of the Supreme Court of the Russian Federation or the person replacing him has the right to increase the period of study based on complexity. The maximum extension period is two months.

First, the submitted document along with the attachment is analyzed by the Supreme Court. It is worth saying that when a judge needs to request a case, he can issue a ruling to “freeze” the execution of the court act until the day until the manipulations on the part of the supervisor are completed.

Note ! True, for such a decision by the judge, the party insisting on challenging it must send a corresponding petition.

As a rule, the complaint is studied within 2-3 months

When the judge analyzes the received document, he issues a ruling:

• on a negative verdict regarding the referral of a supervisory complaint to the Presidium of the Russian Armed Forces (if there is no need to reconsider the case);
• on a positive verdict regarding the sending of the supervisory plan document to the Presidium of the Supreme Court. Issuing a verdict of the Presidium regarding the supervisory complaint.

Procedure for considering a complaint in court

The Presidium of the RF Supreme Court accepts the case for consideration based on the ruling of the judge who has previously studied the submitted materials, and sends notifications to interested parties about the place and time of the hearing.

The proceedings are carried out with the obligatory participation of the prosecutor.

The judge-reporter states:

• circumstances of the criminal case;
• the content of judicial acts adopted by previous authorities;
• the arguments that served as the basis for filing the complaint.

The parties to the case (interested persons) have the right to give explanations, and the person who filed the supervisory complaint speaks first.

The result of the consideration of the case is determined by the Presidium by voting. The proposal most favorable to the convicted person is put to a vote first.

If there is an equal number of votes cast for the revision of the criminal case and against its revision, the supervisory complaint is considered rejected.

The grounds for canceling or changing a sentence (decision, ruling) are:

• significant violations of the Criminal Procedure Code of the Russian Federation that influenced the outcome of the case;
• identification of new information indicating non-compliance with the conditions (failure to fulfill obligations) provided for by the pre-trial cooperation agreement.

Following the meeting, a resolution is issued:

• to cancel the sentence, all subsequent decisions and terminate the criminal case;
• on transferring the case to the court of first instance for a new trial;
• to cancel the decision of the appellate (cassation) instance and to transfer the case to a new appeal (cassation);
• on the cancellation of the verdict, all subsequent decisions and the return of the case to remove obstacles to its consideration by the court (for example: if the indictment was drawn up in violation of the requirements of criminal proceedings);
• on amendments to the court verdict (decision, ruling);
• on refusal to satisfy the supervisory complaint.

The resolution comes into force immediately after its announcement and is no longer subject to further appeal, except in cases of reconsideration of the case due to newly discovered circumstances.

Variations of decisions made by the supervisory authority

Upon completion of consideration of the supervisory complaint, the board must make one of the following decisions:

• On termination of the case with the cancellation of all previously made decisions in the case.
• Leaving the complaint and all court decisions without satisfaction and changing accordingly.
• To cancel all decisions made and send the case for a new trial.
• On the cancellation of all decisions made and the referral of the case to the prosecutor to eliminate the identified violations.
• On amendments to the sentence or decisions of higher authorities.

Since it is not so easy to cancel a previously adopted sentence, the Presidium must in its decision indicate the circumstances that it took into account to cancel the sentence. These must be truly serious violations of the laws.

Rejection of the complaint

If the general procedure for filing a complaint is not followed, and if you have not provided any of the data that I listed above, your complaint may be returned. But, having corrected all the inaccuracies that were pointed out to you, you can re-file this complaint with the College. There are still several points in which the complaint is returned, and we will talk about them further:

• drawn up by a legal representative, but you did not attach a notarized power of attorney or a lawyer’s order to the case materials;
• written by a person who is not a direct participant in the process, as a result of which it is not clear whose rights and interests were affected;
• there is a review. Please note that the application can be withdrawn at any time before it is reviewed;
• You filed a complaint in the wrong court, which has the right to consider your issue.

Therefore, if there is at least one of the described violations, I can say with complete confidence that the complaint will be returned to you, and 10 days are given for this.

Sample supervisory complaint in a criminal case

To the Presidium of the Supreme Court of the Russian Federation

Popkov Fedor Borisovich, born on December 12, 1977, convicted by the verdict of the Repninsky District Court of Magadan under Part 2 of Art. 162 of the Criminal Code of the Russian Federation to 5 years of imprisonment in a maximum security colony; currently serving a sentence of imprisonment in IK-6 of the Krasnoyarsk Territory

SUPERVISORY COMPLAINT IN A CRIMINAL CASE

By the verdict of the Repninsky District Court of Magadan dated 02/02/2021, I, Fedor Borisovich Popkov, was illegally convicted under Part 2 of Art. 162 of the Criminal Code of the Russian Federation for robbery, which he did not commit.

The investigating authorities charged me with the fact that on November 11, 2017, armed with two knives, I attacked the saleswoman of the night store “PRODUCTS 24” Petrova K.E. and, threatening her with physical violence, stole 62,000 rubles from the cash register.

The judicial panel of the Magadan Regional Court rejected my appeal, as well as the complaint of my lawyer, as unfounded, indicating that the evidence of my guilt was sufficient to find me guilty of the crime. In addition, in the appeal ruling dated February 28, 2021, attention was drawn to the fairness of the punishment, which, in the opinion of the judicial panel, was proportionate to the act and the circumstances of the crime.

At the same time, the court of all instances, including cassation, did not take into account the fact that on November 11, 2017, the day of the robbery against K.E. Petrova, I was in the village of Yagodnoye, Magadan Region, visiting my brother. The courts did not fully study and evaluate the defense evidence I presented - a receipt from a gas station in the village. Yagodnoye dated November 11, 2017 and the testimony of Popkov’s brother Alexander Borisovich, who confirmed my presence at his house that day from early morning until late evening.

According to paragraph 2 of Art. 307 of the Code of Criminal Procedure of the Russian Federation, the accusatory part of the guilty verdict must contain the evidence on which the court’s conclusions about the guilt of the convicted person are based, as well as the reasons for which the court rejected certain evidence. These requirements were grossly violated by the courts of the first, second and third instance, which distorts the very essence of justice and entails the cancellation of all court decisions taken in this case.

Based on the above, guided by Art. Art. 412.1, 412.2, 412.3 Code of Criminal Procedure of the Russian Federation,

ASK:

1. Initiate supervisory proceedings in this case.
2. Cancel the decisions taken in the case:
   verdict of the Repninsky District Court of Magadan dated 02/02/2021;
3. appeal ruling dated February 28, 2021 of the judicial panel of the Magadan Regional Court;
4. cassation resolution dated 04/02/2021 of the Presidium of the Magadan Regional Court;
5. cassation resolution dated 04/30/2021 of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation.
6. Direct a criminal case against Fyodor Borisovich Popkov, accused of committing a crime under Part 2 of Art. 162 of the Criminal Code of the Russian Federation, to the district court for re-examination on the merits.

Attachment: a copy of the supervisory complaint, certified copies of decisions on the case.

Popkov F.B., 04/27/2021, signature

If the complaint does not comply with the required form and does not contain information necessary for review, it may be returned to the complainant. This does not prevent the person from submitting the same appeal in the same case again, having previously eliminated the shortcomings indicated in the resolution.

In addition, the complaint may be returned in cases where:

• written on behalf of a person who is not a participant in the process and, at the same time, from its content it is not clear whose rights and interests were violated;
• written by a representative, but there is no power of attorney or attorney’s order in the submitted materials;
• there is a withdrawal (the supervisory application can be withdrawn at any time before the review);
• there are violations of jurisdiction - for example, a complaint was filed in the wrong court.

If the above circumstances exist, the application along with the submitted documents will not be considered and will be returned within 10 days.

Limits of the rights of the supervisory authority

The court is entitled to go beyond the scope of the received petition.

Many authors of scientific legal literature and students in course assignments note the auditing nature of the check, which means complete control of the legality of incoming documents:

• legal norms must be applied correctly, especially with regard to special legislation in the field of substantive law;
• there must be no procedural violations.

At the same time, the legislator emphasizes an important sign of flaws, the identification of which becomes the reason for cancellation or amendment. This sign is materiality.

What violations can be considered significant are indicated in several examples:

1. The minutes were prepared by the secretary at the meeting in parts, each of which was not separately certified, only at the end there was the signature of the presiding officer and the secretary, and meanwhile the minutes were kept by two persons.
2. Refusal to question a witness, whose calling the prosecution insisted on, because his words “do not relate to the essence of the charge” is an obstacle to the presentation of evidence. The prosecution was deprived of the opportunity to confirm the accusation.
3. Descriptive - the motivational part does not contain a description of intent, it does not describe why such conclusions were made if the examined evidence does not fully support this position.
4. Conviction for committing several crimes, when the elements of one cover the elements of another and the imposition of a larger sentence.
5. Failure to provide an interpreter at any stage of the investigation and court hearing.

A minor violation can be considered, for example, a refusal to question a witness characterizing the personality of the defendant.

What actions are included in the terms of reference of the Supreme Court of the Russian Federation are:

• refusal to satisfy the protest;
• cancellation and termination of production;
• return without consideration on the merits (Article 412.4);
• document modification;
• vacated and remanded for new proceedings.

It should be understood that the cancellation may not affect all submitted acts, but only those issued in a certain instance - cassation or appeal; accordingly, a new consideration will continue from the specified moment.

When canceling or amending definitions or regulations, attention is paid to explaining the reasons. In the new process, it is important not to repeat similar mistakes.

Limits of the rights of the supervisory authority

In general, the Code of Criminal Procedure establishes that a new review, within the framework of supervision, of a court decision due to the need to use the law on a more serious violation, for a mitigation of the verdict, or for other reasons leading to a worse situation for the accused, as well as a re-review of an acquittal verdict regarding the termination of a criminal case, not allowed.

Despite the above, Resolution No. 5 of the Constitutional Court of Russia of May 11, 2005 introduces an imbalance in the rights of members of the process, protected by the Constitution, on the side of the prosecution and defense. It is also not in agreement with the principles of autonomy and independence of the judiciary.

A new review in a supervisory court regarding one case is impossible

The supervisory court may make such verdicts based on the supervisory document.

1. If the demands of the citizen-author of the complaint are not satisfied, the decisions remain as they were.
2. Close the verdict and stop any actions regarding this criminal case.
3. Close the verdict and all further court verdicts and send the case for another trial by the court.
4. Close the verdict of the appellate court and send the case for another study of a similar plan.
5. Close the ruling of the cassation court and all other court verdicts, send the case for another study of a similar plan.
6. Make amendments to a sentence, ruling or court order.

The court, when considering a case in the manner we are studying, has the right to mitigate the sentence imposed or use the law on a less serious offense, but cannot increase penalties or use laws on more serious offenses.