Advice 1: Where and how is the supervising complaint

You lost the case in district court, then filed an appeal but it was rejected by the court 2 instance. However this hasn't stopped, and you still are determined to make justice prevail. It is necessary to submit a Supervisory complaint.
Where and how is the supervising complaint
Instruction
1
To file a Supervisory complaint, you must have a reason for that – an assumption by the court of a material breach of the law, namely:

- the court has not applied subject to application of the act.
- the court applied is not subject to the application of the law;
the law was misconstrued by the court;
the case was heard without the presence of one or more persons, which the case involved, but in a timely manner about the time and place of the hearing has not been notified.
2
According to article 376 of the code of civil procedure of the Russian Federation, part 2, a court ruling may be appealed to the court of Supervisory instance, if expired not more than six months from the date of its (decision) comes into legal force. If this deadline was not met for good reason, it can be restored, if you submit to the court, which heard the case first instance, a statement.
3
One caveat: you can't file a Supervisory appeal, if a judgment had not appealed in cassation. In addition, you must pay the state fee when filing a Supervisory appeal, which currently is 200 rubles.
4
Look online for sample Supervisory review, write it on the basis of its own complaint and send it by registered letter with acknowledgment of receipt in court of supervising instance: the Presidium of the court of the Federation which considered your case. Then in order to go Judicial Board on civil cases of the Supreme court of the Russian Federation and the Presidium of the Supreme court of Russia.
5
In the complaint it is necessary to specify, what exactly is a significant breach of the law committed by the courts of first and second instance, provide the appropriate reference to the law. Attach to his complaint copies of court orders in the case, certified by the court (most often it is the decision of the district court and cassation definition), and the receipt on state duty payment.
6
Pursuant to part 7 of article 378 of the code of civil procedure of the Russian Federation, the Supervisory appeal should be served with copies, which shall be equal to the number of persons involved in the case. If, for example, in your case it was the two defendants, and four third-person and one Prosecutor, instances should be total 8 – 1 original and 7 copies.

Advice 2 : How to file a Supervisory complaint to the court of arbitration

Supervisory appeal, or as she is now called, the application for review of a decision in the review procedure, submitted to the higher court. She served in the case where your claim is at the appeals and cassation complaints were rejected or arbitration courts refused to accept these claims for consideration. This statement is your last chance to succeed so it's important to apply it correctly.
How to file a Supervisory complaint to the court of arbitration

The deadline for Supervisory review


Supervisory authority is entitled to appeal against decisions made on appeal. So if you did not submit within the deadlines the appeal should still apply for restoration of the missed deadline and consider the case again in the court of cassation. There are precedents when applying for review of a decision under the Supervisory procedure of the Supreme Arbitration court of the Russian Federation forwards the matter for consideration by the court of cassation.

Lawyers are advised to clarify the claim terms in section 3 of article 292 of the Administrative Procedure code of the Russian Federation, since the last time they were adjusted several times.
In that case, when entered into force the decision of the court of appeals, you must submit an application for review of the decision under the Supervisory procedure within 3 months from the date of adoption of this decision.

How to submit an application for review in order of supervision


When writing the address part of the statement you should consider the location of the court of cassation to choose the right one judicial authority to which you sent the complaint. In the General case, its target is the Higher Arbitration court of the Russian Federation, whose address in and it should submit. In this part of the complaint must indicate the jurisdiction and also provides all stakeholders with their contact details.

Outlining the case, be sure to list all the decisions in previous court cases, not just those that you intend to appeal. Note that the powers of the court of Supervisory instance is responsible for monitoring the compliance with legal norms. Therefore, when listing solutions you must refer to the laws and rules of law, which would serve as a convincing proof, that the contested decision was adopted in violation of these laws and regulations. If you, as a legal entity, the state does not have a lawyer, do not hesitate to consult with a competent expert who knows all the valid legal documents.
One of these reasons, you must specify in its request to appeal against earlier judicial decisions.


Grounds for cancellation of those decisions that you want to appeal, can be:
- wrong interpretation of the arbitration courts of the previous instances of the law;
- violation of the rights and freedoms stipulated by international law and international agreements of the Russian Federation;
- violation of the rights and interests of an indefinite group of persons or other interests that are public.
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