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.