The last opportunity to overturn a judicial act is a supervisory complaint in a civil case. After considering this document, the likelihood of canceling a court decision that has entered into force is extremely low.
The supervisory appeal is considered by the highest judicial body - the Presidium of the Supreme Court of the Russian Federation. Then you can only protect your rights in international courts, for example, the European Court of Human Rights, etc. Or due to newly discovered or new circumstances.
It is possible to draw up a supervisory complaint yourself with a clear understanding of the substantive standards that will form the basis of the complaint. And the procedural requirements of the Code of Civil Procedure, which, if violated, may result in the cancellation of previously rendered court decisions. We have posted general recommendations. The reader can ask the site’s duty lawyer for additional questions.
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Supervisory complaint in a civil case
What is a supervisory complaint in a civil case?
A supervisory complaint is a complaint against a court decision that has entered into legal force, which is filed with a supervisory court.
The supervisory authority is the Presidium of the Supreme Court of the Russian Federation. The Presidium of the Supreme Court consists of 13 judges consisting of the Chairman, his deputies and judges of the Supreme Court. Members of the Presidium of the Supreme Court from among the judges of the Supreme Court are approved by the Federation Council of the Federal Assembly of the Russian Federation on the proposal of the President of the Russian Federation, based on the proposal of the Chairman of the Supreme Court, and in the presence of a positive conclusion of the High Qualification Board of Judges of the Russian Federation. It is assumed that these are the most qualified and experienced professional judges.
Not all court decisions in civil cases can be appealed by way of supervisory review. But only those specified in the law (see comments to Article 391.1 of the Code of Civil Procedure). To put it simply, only if the Judicial Collegium of the RF Armed Forces considers a cassation appeal and makes a ruling based on the results, this ruling can be appealed to the court. If the cassation office refuses to transfer the complaint to the Supreme Court of the Russian Federation, the supervision stage is not available. Or these are cases that are considered by the RF Supreme Court at first instance, which have passed the appeal stage.
It is impossible to appeal decisions of district courts or magistrates directly to the Supreme Court of the Russian Federation. It is imperative to go through the substantive stages of appeal and cassation.
Time limits for consideration of a complaint
The Supreme Court considers received applications within 1-2 months from the date of registration with the secretariat. This period may be extended to 90 days if the Supreme Court needs to request case materials from lower courts.
In case of violation of the complaint form (unreadable handwriting, obscene language, threats), the complaint will be rejected within 15 days. If there are threats against anyone, the complaint will be sent to law enforcement agencies to initiate criminal proceedings.
✉ A simple 5-step algorithm for filing a complaint against the district court
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