Complaint to the Supreme Court of the Russian Federation regarding an administrative case. Deadline for filing a supervisory complaint in an administrative case. Supervisory complaint, administrative case, repeal of law

If a citizen does not agree with the decision made in his case, he can appeal it to higher authorities. After the appeal and cassation, a supervisory complaint is filed in the administrative case. It is considered by the supreme court of the subject, and subsequently by the Supreme Court of the Russian Federation. It is important in the document to reflect the circumstances of the case, which may become the basis for canceling the decision. At the end of the article you can download a sample complaint from the link.

In order for the applicant’s supervisory complaint to be accepted by the court, it must be drafted correctly. The document must contain indications of violations of the rules of procedural and substantive law during the consideration of the case. It is recommended to seek the help of a competent lawyer when drawing up an application.

Important! When describing violations by the court of established norms and presenting a request to cancel the decision, one should include references to specific articles of the CAS RF, including articles 24.1, 26.1, 29.10.

A sample supervisory complaint in an administrative case includes:

Name of the authority to which the appeal is submitted.
Information about the applicant: full name, position in the administrative case, place of residence.
Data of other participants in the case: full name, position in the case, place of residence.
The title of the document is a supervisory complaint.
The decision being appealed. Indicate the names of all judicial bodies that considered the case and the date of each decision.
Arguments of the accused. It is explained on what grounds the accused does not agree with the decision made by the court.
Applicant's request. The accused asks to accept the appeal and cancel/change the decision. This part provides links to specific legislative acts. For example, you can refer to articles 30.12, 30.16, 30.18 of the Code of Administrative Offenses of the Russian Federation.
Applications. The names of all documents submitted along with the application are listed.
Date of compilation.
Applicant's signature.

The supervisory appeal is filed after the resolution comes into force. If no attempts have been made to challenge the decision up to this point, this should be reflected in the document. If the applicant has already repeatedly filed a protest against this decision before it entered into legal force, the outcome of the consideration in each case must be indicated.

Limitations on appeal

To challenge a court ruling in this manner, the applicant should contact the supervisory authority directly. The application is submitted after the decision has entered into legal force.

In connection with submitting an appeal, it is worth considering two restrictions:

it is prohibited to file an appeal several times on the same grounds;
Appeals are filed sequentially, starting with the court of the subject; it is impossible to challenge the decision of the district court immediately in the Supreme Court.

The deadline for filing a supervisory complaint in an administrative case is not established by law. Therefore, regardless of what period has passed since the entry into force of the resolution, the application will be accepted for consideration.

The Supreme Court, in a supervisory procedure, reviews decisions made as a result of challenges in the supreme courts of the constituent entities. At the same time, their compliance with current legal standards is assessed.

Procedure for consideration in court

When a supervisory complaint (for example, against a decision of Rospotrebnadzor on an administrative violation) is accepted for proceedings, the court notifies other participants in the process.

Important! Challenging a decision in a supervisory procedure does not require payment of a state fee.

When filing with the Supreme Court, the following will be considered:

two months (without filing a case);
three months (if required, counted from the date of receipt by the Supreme Court);
extension for a period of no more than two months is carried out by the Chairman of the Supreme Court or his deputy and depends on the complexity of the case.

Based on the results of the study, one of the following decisions can be made:

Leave the appeal without consideration.
Leave the resolution unchanged.
Change one or more court rulings.
Cancel completely or partially.

After cancellation, several scenarios are also possible. The case may be sent back for a new trial to the court of first instance. In other cases, the trial is conducted again through the appeal or cassation procedure. Sometimes the supervisory authority decides to completely end the proceedings.

When a decision is appealed by way of supervision

A supervisory appeal in an administrative case is filed if the outcome of the consideration of the appeal and cassation is unsatisfactory. There must be compelling reasons to submit an application. Let's list some of them.

The circumstances of the case were not fully studied.
All the evidence presented was not taken into account.
During the proceedings, there were contradictions, inaccuracies, and violations of the law.
False testimony was heard in the case.
The evidence used was flawed.
The presumption of innocence was not respected in the case; the bias of the judges is obvious.
The basis for the resolution was only the papers prepared by officials.

If one or more conditions are met, the accused may appeal the decision in the administrative case. In addition to himself, a representative or defender of this person or the victim can apply to the supervisory authority.

As already mentioned, it is impossible to appeal a court decision on the same grounds several times. However, a repeated application on a different basis will be legal.

What documents are sent along with the complaint?

The text must include a list of attached documents. What documents should be submitted for review?

You must attach copies of the following forms:

decisions on the case (including on previously filed complaints);
power of attorney for the representative of the accused (if he participates in the process);
of the filed complaint (copies according to the number of participants in the case).

A supervisory appeal is filed based on a ruling that has entered into force with the supreme court of a constituent entity of the Russian Federation. The deadline for submitting an application is not regulated by law. To prepare it, it is important to determine exactly what violations were committed by the court when considering the case. The text must contain references to specific provisions of the law. An example document that can be downloaded below allows you to get general idea about the structure of circulation.

Post Views: 65

In______________ regional court

From Lotnik Alexander Ivanovich

living _____________________

On the decision magistrate

court precinct no.

District _______ region from

07/29/2009 and the decision ________

District Court dated August 13, 2009

SUPERVISORYCOMPLAINT

in the case of administrative

offense

By the resolution of the magistrate of the court district No.__ ____________ district ____________region dated July 29, 2009, I was found guilty of committing an administrative offense under Part 2 of Article 12.8 of the Code of Administrative Offenses of the Russian Federation and I was sentenced to deprivation of the right to drive vehicle for a period of one and a half years.

By the decision of the _______________ court dated August 13, 2009, my complaint against the magistrate’s ruling was left unsatisfied, and the said magistrate’s ruling was left unchanged.

I do not completely agree with these court decisions due to their illegality and groundlessness for the following reasons.

At the court hearing, I explained that on July 6, 2009, I drank alcohol with a number of residents of the village. Romanovka. While drinking alcohol, I became very drunk and fell asleep in the back seat of my car. When I was sleeping gr. Chub voluntarily got behind the wheel of my car and drove it home. Gr. sat in the front seat of the car. Berezovsky V.V. Along the route, my car, driven by gr. Chub was stopped by police officers. One of the police officers tried to wake me up, but he never succeeded. Then he got behind the wheel of my car and took me to the traffic police department. Another traffic police officer put gr. Forelock. and took him for a medical examination. I woke up in the traffic police office and the traffic police officer drew up a report on the administrative violation. Due to the fact that I was very drunk and did not understand well what was happening and signed the protocol in the places where they indicated to me. At the request of the person who compiled the protocol, I wrote written explanations, but due to the high degree of intoxication, the magistrate subsequently was unable to read what I wrote.

At the court hearing, the fact that gr. Chub got behind the wheel of my car without my knowledge, that is, when I was sleeping in the back seat, witnesses V.I. Statova, V.V. Berezovsky, S.G. Khvorost confirmed.

I also explained to the court that this fact can be confirmed by a number of other witnesses who even made gr. Chub remark that he should not get behind the wheel of someone else's car.

The magistrate was critical of my testimony and the testimony of witnesses, pointing out in the ruling that they allegedly contradicted some body of evidence. The stated conclusions of the court are unfounded. In support of my guilt, the court refers to the administrative violation report, the testimony of traffic police officer V.V. Bobro, and the testimony of ______ Department of Internal Affairs officer N.N. Sokolov, who together stopped my car.

In his ruling, the magistrate does not indicate for what reasons he accepts the testimony of the police officers as a basis and rejects the testimony of three disinterested witnesses, what are the contradictions in the testimony of these witnesses with other evidence and what kind? Witnesses Bobro V.V. and Sokolov N.N. on the contrary, they are interested in the outcome of the case and the court must evaluate their testimony critically.

At the court hearing, police officers Bobro V.V. and Sokolov N.N. explained that allegedly when they stopped a car driven by gr. I was sitting in the back seat, but I wasn’t sleeping. From this the magistrate concluded that gr. Chub got behind the wheel of my car with my permission.

The police officers' statements are untrue. However, even such testimony does not prove my guilt. I could have woken up precisely because the car stopped. After all, when stopping my car, the police officers blocked the road with their car, and therefore gr. Chub was forced to brake sharply.

To confirm my guilt, the magistrate also refers the court to the administrative violation protocol, considering it acceptable evidence of my guilt.

However, when drawing up the protocol, I was highly intoxicated and did not understand anything. I signed the protocol in the places where they indicated to me. I also don’t know whether my rights were explained to me. The explanations that I wrote when drawing up the protocol were never read by the magistrate. Because the report against me was filed while I was heavily intoxicated, I was unable to properly exercise my defense and exercise my legal rights. I believe that in order to ensure that my rights were not violated when drawing up the protocol, and that I could exercise my defense and give explanations on the circumstances of the case, the traffic police officer should have drawn up an administrative protocol against me the next day if he considered that in my actions constitute an administrative offense. Instead, the traffic police officer, without finding out the circumstances of the case, without interviewing gr. Chub, gr. Berezovsky, etc. drew up a protocol on an administrative offense.

When drawing up the protocol, I was suspended from driving, and the car was placed in a impound lot. In accordance with Articles 27 and 25.7 of the Code of Administrative Offenses of the Russian Federation, when carrying out these actions, the participation of at least two witnesses is mandatory, but there were none.

Referring to the above circumstances, I appealed to the ____________ court with a complaint against the decision of the magistrate.

When considering the complaint in the _______ court, I presented two witnesses Z. G. Pavlishinets. and Kikhtenko A.I.

Kikhtenko A.I. explained to the court that gr. Chub came to her place of work driving my car. V.V. Berezovsky was sitting in the front passenger seat, and I was sleeping in the back seat. When Chub left I continued to sleep.

Witness Pavlishinets Z.G. She explained to the court that she saw how employees blocked the way for a car driven by gr. Chub with your car. Gr. Chub and gr. Berezovsky left the car, and I was sleeping in the back seat. A police officer opened the back door and began shouting for me to wake up, but I did not react. Then the police officer got behind the wheel of my car, and gr. and drove towards the stop. The driver, Chub, was put into a police car and also taken away.

Thus, five witnesses completely uninterested in the outcome of the case confirmed that I did not allow gr. Chub to get behind the wheel of my car, and therefore my actions do not constitute an administrative offense under Part 2 of Article 12.8 of the Code of Administrative Offenses of the Russian Federation.

Despite the evidence of my innocence presented at the court hearing, the court decided to leave my complaint unsatisfied, and the decision of the magistrate was not changed, indicating that allegedly my rights were not violated when drawing up the protocol, and the testimony of witnesses Kikhtenko A.I. and Pavlishinets Z.G. do not confirm my innocence.

Specified judgment causes confusion. What other evidence should I present to the court to prove my innocence?!

In addition, in accordance with Article 1.5 of the Code of Administrative Offenses of the Russian Federation, a person brought to administrative responsibility is not required to prove his innocence, except for the cases provided for in the notes to this article. Irremovable doubts about the guilt of a person brought to administrative responsibility are interpreted in favor of this person.

In violation of the principle of the presumption of innocence, the court actually shifted the burden of proof to me and did not doubt my guilt, despite the testimony of five disinterested witnesses. These circumstances indicate the lack of a fair trial in my case.

I am a driver with extensive experience, this is how I earn my living and feed my family, and therefore I never drive while intoxicated. If I happen to drink alcohol, I ask my son by phone to pick up the car or go to bed in it until I sober up. With its illegal and unfair decisions, the court deprived me of my livelihood.

Based on the above and guided by Articles 30.9, 30.12, 30.13, 30.14, 30.17 of the Code of Administrative Offenses of the Russian Federation,

P R O S H U:

To request from the magistrate court precinct No.__, ______ district __________region an administrative case accusing me of committing an administrative offense under Part 2 of Article 12.8 of the Code of Administrative Offenses of the Russian Federation.
The decision of the magistrate of the judicial district No. ______ district____ region dated July 29, 2009 and the decision of the ____________ court dated August 13, 2009 were canceled and the proceedings in the case were terminated.
Please notify me of the court decision.

APPLICATION:

Copy of the complaint.
A copy of the administrative violation protocol.
A copy of the resolution of the magistrate dated July 29, 2009.
Copy of the decision___________court dated August 13, 2009.

"__" _______ 20__ L.A.I.__________

A supervisory complaint in an administrative case is the reaction of a subject to a decision of a judicial authority in a case of an administrative offense, while the court decision is appealed after it comes into force. To make an objective verdict, the court has the right to demand from the applicant additional documentation that confirms or refutes the legal facts under consideration. How to write and where to file a supervisory complaint in an administrative case - more details in this article.

A judicial act in an administrative case is appealed in 3 stages:

filing an appeal;
cassation appeal;
appealing the act in the manner of supervision.

Feeding grounds

Legal proceedings in the supervisory authority in an administrative case are noted in the provisions of Chapter. 36 CAS RF (Code of Administrative Proceedings of the Russian Federation). In particular, if the result of the appeal and cassation appeal of the court is unsatisfactory, the applicant has the right to cancel the previously issued decision in the manner of supervision.

Before you start writing your application, make sure that:

the judicial authority did not consider all the evidence in the proceedings;
all the circumstances of the case have not been studied;
the provisions of the law in legal proceedings are not observed;
there were inaccuracies, contradictions and doubts in the trial;
the evidence was erroneous or false;
false witness statements were used;
the decision was made only on the basis of documentation prepared by officials, and the accused’s case was treated with prejudice (his guilt was considered indisputable).

Any decision in a case of administrative violation that has entered into force can be appealed. And this can be done by the subjects against whom the trial is being conducted, as well as by the victim, his defense attorney or representative.

How to write

In order for a supervisory complaint in a case of an administrative offense to be accepted for consideration, it must not only be substantiated correctly, but also comply with the form established by law. It is better to seek help from a qualified lawyer who can competently draft a supervisory complaint with references to the relevant regulations. If the complaint is drawn up in violation of legal requirements, the judicial authority will not accept it for consideration and will return it back to the applicant.

details of the applicant (full name, address);
details of the judicial authority in the supervisory authority;
indication of the authorities considering the proceedings in the appellate and first instance;
information about the persons involved in the case;
the applicant’s request for review or cancellation of the court decision (with references to legislation);
the essence of the appeal - the grounds for filing it;
date and signature of the applicant;
a list of attached documents confirming the requirements specified in the claim.

Applications:

a photocopy of the resolution on the administrative violation proceedings;
photocopies of decisions based on the results of consideration of previous protests, when such decisions were made;
photocopies of the protest, the number of which must correspond to the number of persons participating in the case.

The fact of acceptance of the appeal by way of supervision is confirmed by the corresponding ruling of the court authorized to accept the protest.

Where to file a supervisory complaint in an administrative case

An appeal to the supervisory authority or a presentation is submitted to the Supreme Court of the Russian Federation - Supreme Court Russian Federation(CAS RF, art. 333). It examines the compliance of court decisions or rulings with the requirements current legislation, which were issued based on the results of consideration of protests, if they were previously studied by the Supreme Courts of the constituent entities of Russia (clause 3 of Article 30.13 of the Code of Administrative Offenses of the Russian Federation). Thus, an appeal by way of supervision in the relevant case is carried out to the Supreme Court of the constituent entity of the Russian Federation.

Deadlines

The deadline for appeal in the supervisory order is 3 months from the date of the last judicial act on the proceedings, that is, the cassation ruling.

There is no direct reference in the legislation to the period within which an appeal against a decision is required, therefore it must be accepted and considered, regardless of the time that has passed since the court decision entered into legal force.

The consideration of a supervisory complaint by the Supreme Court of the Russian Federation takes place within a period of no more than two months without reclaiming the case and within a period of no more than three months if it is necessary to reclaim the case from the moment it is received by the Supreme Court of the Russian Federation. The period for studying a protest in the manner of supervision of administrative proceedings can be extended, but not more than by two months, by the Chairman of the RF Supreme Court himself or his deputy, when the case is requested, taking into account its complexity.

Submission rules

How to file a supervisory complaint in an administrative case? Let's look at the rules for filing an appeal:

In the supervisory procedure, an appeal is made directly to the supervisory court.
A complaint to the supervisory authority cannot be filed again in the same case and no state fee is paid for it.
It is necessary to appeal a decision that has entered into force step by step, that is, you cannot immediately send a supervisory complaint against the District Court Resolution to the Presidium of the RF Armed Forces without contacting the Presidium of the relevant higher authority and the board for civil cases. Supreme Court RF.

Review results

Based on the results of consideration of the appeal by way of supervision, the judge has the right to make the following decision:

leave the protest without review, and the appealed court decision without change;
cancel the appealed decision in whole or in part and remand the case for a new trial;
cancel the appealed judicial act and terminate legal proceedings;
change one or more court decisions adopted during legal proceedings;
leave the appealed decision without consideration on the merits.

The supervisory authority is actually the final stage in matters of appealing judicial acts in administrative proceedings. Subsequently, you can appeal the judicial act to international authorities or due to newly discovered circumstances. If the document was drawn up with any violation, there is a high probability that the judicial authority will not accept it for consideration and return it to the applicant.

Consequently, a supervisory complaint in an administrative case of the Supreme Court of the Russian Federation or the presidium of a court of a constituent entity of the Russian Federation must be drawn up according to the established template. You can draw up a document yourself, but it is advisable to defend your rights together with a lawyer, then the chance of having the case reviewed in your favor due to a professional approach will increase. By contacting our specialists at the Pravoved.RU web portal for help, you will receive a free consultation on the issue related to filing a supervisory complaint in an administrative case. Call the numbers listed on the website or fill out the form feedback, we will contact you as soon as possible.

Appeal and review of a decision that has entered into legal force in a case of an administrative offense,
decisions based on the results of consideration of complaints against the resolution
Supervisory complaint in a case of an administrative offense
Draw up a supervisory appeal against a decision in a case of an administrative offense

The supervisory complaint must contain:

1) the name of the court or the chairman of the court to which it is addressed;

2) the name and information about the person filing the complaint, his place of residence or location, and the procedural position in the case /for a person brought to administrative responsibility - optional/;

3) names and information about other persons participating in the case, if any, their place of residence or location; /optional element/;

4) an indication of the courts that considered the case at the first, appellate (meaning the instance that considered the complaint against a decision that did not enter into legal force in a case of an administrative offense), if it was passed, and the first supervisory instance, when the complaint is addressed to the Supreme Court RF, their decisions and the content of the decisions they made;

5) the arguments of the person who filed the complaint, indicating the grounds for review in the order of supervision of the decision in the case of an administrative offense, decisions based on the results of consideration of the complaint; an indication of the nature of the significant violations of the law committed by the courts; an indication of violations of the procedural requirements provided for by the Code of the Russian Federation on Administrative Offences, if this did not allow a comprehensive, complete and objective consideration of the case; an indication of the presence of at least one of the circumstances provided for in Articles 2.9, 24.5 of the Code of Administrative Offenses of the Russian Federation, if any; justification for the lack of proof of the circumstances on the basis of which the said resolution or decision was made.

Formulate arguments and point out significant violations of procedural and substantive rules of law on the part of the courts, which did not allow a comprehensive, complete and objective consideration of the case and due to the lack of proof of the circumstances on the basis of which the ruling and decision were made.

Please note that the supervisory authority will not be interested in your arguments on the merits of the offense charged if these arguments were not the subject of consideration in lower courts, or if your arguments are not based on new evidence that could not, for objective reasons, be obtained or presented in previous courts to the court, and the objectivity and “respectability” of the reasons, of course, will have to be properly justified.

Also, the supervisory authority is unlikely to be interested in your arguments regarding violations by the IDPS, if the violations committed are not directly related to the legality of obtaining evidence of your guilt, do not affect the correct assessment of the event and the elements of the offense charged, or on compliance with the law when applying measures to ensure proceedings in an administrative case offense.

Formulate your arguments in such a way that the judge has no doubt about the significance of violations of the procedural and substantive norms of the Code of Administrative Offenses by lower courts, which, in turn, does not allow a comprehensive, complete and objective consideration of the case and proof of the circumstances on the basis of which the ruling and decision were made . Provide arguments on the merits of the offense as an illustration of unclear, unexplored and unresolved issues and circumstances that have significant legal significance for the correct resolution of the case on the basis of the law.

It should also indicate what rights or legitimate interests are violated by judicial decisions that have entered into legal force and motivate what the violation of the unity of judicial practice is with the corresponding justification for this violation with references to decisions of the Supreme Court of the Russian Federation and decisions of the Constitutional Court. Repeated filing of complaints in the order of supervision on the same grounds to the court, which previously examined, in the order of supervision, the decision in the case of an administrative offense, decisions based on the results of consideration of the complaints, are not allowed. It should be borne in mind that a complaint accepted for consideration by way of supervision is verified based on the arguments set out in the complaint;

6) a list of materials attached to the complaint, a list of new evidence attached to the complaint.

Supervisory complaint: deadline for filing, deadline for consideration

A reference by the person filing the complaint to new evidence that was not presented to the courts of previous instances is allowed only if it is justified in the complaint that this evidence could not be obtained and presented to the courts of first instance*. It is inappropriate to attach evidence from the case file to the complaint. In order to draw the court's attention to this evidence, it is necessary to clearly formulate the relevant arguments so that the court has a need to request the case materials;

7) request of the person filing the complaint;

8) supervisory complaint must be signed by the person filing the complaint or his attorney. The complaint filed by the defense attorney is accompanied by a power of attorney or other document certifying the authority of the defense attorney;

9) to supervisory complaint duly certified copies (to exclude the possibility of returning the complaint based on doubts about the correspondence of the copies to the originals) copies of court decisions and decisions taken in the case are attached (copies of judicial acts attached to the complaint must be bound, numbered, signed by the judge and sealed with the official seal; a copy of the decision on case of an administrative offense, copies of decisions based on the results of consideration of complaints, if such decisions of the Code of Administrative Offenses of the Russian Federation, articles I were made in the case of filing; supervisory appeal to the Supreme Court of the Russian Federation- a copy or original of the resolution on the supervisory appeal of the court of the first supervisory instance is required), a copy of the document that certifies the powers of the legal representative of the individual or legal entity, a copy of the power of attorney or an order issued by the relevant legal entity, which certifies the powers of the defender, representative, if the complaint is signed by these persons, copies of the complaint, the number of which corresponds to the number of other participants in the proceedings on the administrative offense specified in Articles 25.1 - 25.4, 25.11 Code of Administrative Offenses of the Russian Federation.

Submission deadline supervisory complaint in a case of an administrative offense is not limited.

By way of supervision complaint filed brought directly to the supervisory court.

The complaint is submitted to the supreme courts of the republics, regional, regional courts, courts of the cities of Moscow and St. Petersburg, courts of the autonomous region and autonomous okrugs, Supreme Court of the Russian Federation.

A decision in a case of an administrative offense that has entered into legal force, decisions based on the results of consideration of complaints, are entitled to review in the manner of supervision the chairmen of the supreme courts of republics, regional, regional courts, courts of the cities of Moscow and St. Petersburg, courts of the autonomous region and autonomous districts or their deputies, The Chairman of the Supreme Court of the Russian Federation, his deputies or, on behalf of the Chairman of the Supreme Court of the Russian Federation or his deputies, a judge of the Supreme Court of the Russian Federation.

The Supreme Court of the Russian Federation is considering by way of supervision of complaints against decisions that have entered into legal force judges in a case of an administrative offense, decisions based on the results of consideration of complaints against the said decision. The specified resolution and decisions are considered by the Supreme Court of the Russian Federation if they were considered in the order of supervision by the chairmen of the relevant supreme courts of the republics, regional, regional courts, courts of the cities of Moscow and St. Petersburg, courts of the autonomous region and autonomous districts or their deputies.

The judge issues a ruling regarding the acceptance of the complaint for consideration by way of supervision.

The judge who accepted the complaint for consideration in the order of supervision, in the interests of legality, has the right to check the case of an administrative offense in full.

The decision on the complaint is made no later than two months from the date of receipt of the complaint by the court, and in the case of a claim regarding an administrative offense - no later than one month from the date of receipt of the case by the court.

Updated, expanded and corrected version

On issues of drawing up a supervisory appeal against a decision in a case of an administrative offense that has entered into legal force, taking into account the individual nuances of the circumstances of the event and the proceedings in the case in lower courts, on issues of the peculiarities of proceedings in a supervisory court, and other issues related to appealing the decision in a case of an administrative offense, please contact using the contact information provided on the “Feedback” page.

In the process of preparing a defense in court, we recommend that you familiarize yourself with the information presented on the pages: “Main errors, shortcomings and omissions made in the process of preparing for a defense and during defense in court”, “The triune task of protecting rights in court. Tasks and organization of protecting rights in courts."

If you have any questions, you can get full and professional advice using the contact information on the “Feedback” page.

CAS RF Article 320. Contents of cassation appeals, presentations

4. The cassation appeal must be signed by the person filing the appeal or his representative.

Deadline for filing a complaint under supervision

A cassation appeal filed by a representative shall be accompanied by a document certifying the authority of the representative and other documents provided for in Part 3 of Article 55 of this Code. The cassation presentation must be signed by the prosecutor specified in Part 6 of Article 318 of this Code.

Art. 320 CAS RF. Contents of cassation appeals, presentations

Return to Administrative Case 2017

Every citizen of the Russian Federation can intentionally or unknowingly break the law. Even just speeding or breaking the rules traffic, Russians neglect established legal norms. For this they will face administrative liability under the Administrative Code. The amount and nature of the penalty is established during the court hearing. If the judge’s decision does not suit one of the participants in the process, he has the right to submit a sample complaint to higher authorities.

A cassation appeal in an administrative case is the second stage of appealing against court decisions. TO this instrument can be resorted to if the plaintiff has already appealed to the court of appeal, but its determination also did not satisfy the applicant. Not everyone knows what a cassation in a case of an administrative offense is, when and where it is filed, and what its significance is in the modern legal and judicial system. It will not be easy to understand this industry on your own, so it is important to seek help from an experienced lawyer in a timely manner.

In order to obtain professional legal support today, it is not necessary to waste your time and money contacting a paid lawyer. You can get effective legal advice from the comfort of your own home with Internet access.

Preparation and registration of a cassation appeal in a case of an administrative offense

In order to achieve the cancellation of a decision of the judicial authorities on punishment for an administrative offense, it is necessary to draw up a sample complaint to the court of cassation in the most thoughtful and reasoned manner possible. The document has a clear structure that should be followed when preparing the application.

The complaint must contain mandatory details, such as:

The name of the court where the sample complaint is submitted;

Private information about the applicant;

Information about other participants in the production;

Number and summary affairs;

Grounds and circumstances allowing to apply for cancellation of the decision;

Plaintiff's claims;

Date and signature.

The cassation sample should be supported by all documents, arguments and evidence available in the case. It is best to draw up a cassation statement in two copies. One copy will be submitted to the court. Today there are two options for submitting a complaint - by mail and in person. You should keep the second copy, but official must mark that the documents have been accepted and verified.

If the application to cancel a decision on an administrative offense contains grammatical errors or legal inaccuracies, it will be refused to be accepted, considered and satisfied. To avoid these consequences, it is necessary to promptly seek help and practical recommendations from a competent lawyer. The specialist will tell you which aspects to pay attention to in order to achieve success in your claim. You can also download an example of cassation in advance and compose your own version by analogy, which will significantly save your energy, nerves and time.

Rules and procedure for filing a cassation appeal in an administrative case

When preparing a sample cassation, it is important to understand that before this the case must be considered by the appellate court. When the court decision comes into force, citizens will have the right to challenge the ruling in cassation through a third-instance court within six months.

When preparing an application, you should know that the cassation office will not consider the case on its merits from scratch. The main function of cassation proceedings in a case of an administrative offense is to check the judicial ruling for legality, validity and compliance with substantive as well as procedural rules of law.

All participants in the case whose rights and legitimate interests are infringed by a court decision can prepare and submit a sample cassation appeal in this legal field. Most often, the initiators of cassation proceedings in a case of an administrative offense are the original plaintiff or defendant, the victim and the accused, their legal representatives and even the prosecutor.

It is important to meet the 6-month deadline for filing a cassation. If the time limit is missed, you must try to restore your right to appeal. For this purpose, a sample special petition is submitted together with the cassation appeal.

Supervisory complaint in an administrative case in Russia 2018

A complaint regarding an administrative offense case should be filed directly with the cassation court. While the appeal is filed through the court that made the initial decision. The legislation allows a period of two months for the consideration of a cassation appeal.

After studying the materials on the case, the court will be obliged to make its decision. He has the right to cancel the initial decision, order its partial execution or leave the document in force. The cassation ruling comes into force immediately after the announcement of the verdict. Its appeal is carried out exclusively by way of supervision.

Appealing a district court decision in an administrative case

The decision of the district court can be appealed to a higher authority by filing a specialized complaint. An appeal against a district court decision in an administrative case is carried out in the process of appeal or cassation proceedings. If the decision of the court of first instance has already taken legal force, a cassation appeal is filed, which must certainly contain information requesting a review of the court decision. If the decision has not yet acquired legal force, then an appeal is formed, within the framework of which the process of studying all the features of decision-making by the court of first instance is carried out.

How is the process of appealing a district court decision in an administrative case carried out?

It is imperative to obtain a court decision, and also determine the period within which you can file an appeal;
Determine the higher authority where you can submit your application;
Please note that if the decision has not yet gained legal force, the process of filing an appeal is carried out. If the decision has entered into force, the process of filing a cassation appeal is carried out;
It is very important that the complaint is drafted correctly and has a substantiation. In principle, you can use the reserves of official court websites, where there is a section with sample documents and links to legislation.
Has the Code of Administrative Offenses established a DEADLINE for filing a complaint in the manner of supervision?!

In this case, you can study legislative framework and define everything important points, which relate to the issue of document preparation. And the samples will become a kind of example for you. Moreover, it must be said that there is a fairly significant number of Internet resources, on the pages of which maximum information has been collected on the issue of filing complaints against the review of a decision of the court of first instance. So, in principle, today you can file this appeal to the court yourself without any problems;
Remember that in your complaint you must provide references to the norms of legislation that were violated by the first court decision, and which also determine the possibility of studying the case in court;
You need to collect the entire package of documents that were provided to the court of first instance. It must immediately be said that when reviewing a case, the process of raising a different question on the merits of the case cannot be carried out.

How to file a complaint?

It should be noted right away that the law provides that an appeal is filed exclusively through the court that made the first decision. In this case, you must also transfer all documents. Please note that if your appeal to the court is completed correctly, the court will quickly open proceedings. If the appeal contains legal errors, a refusal to open legal proceedings and consider the claim will be formed.

Art. 320 CAS RF

1. A cassation appeal or presentation must contain:

1) the name of the court to which they are filed;

2) the name or surname, first name and patronymic (if any) of the person filing the complaint, presentation, his location or place of residence and the procedural position in the administrative case;

3) the names of other persons participating in the case, their place of residence or location;

4) an indication of the courts that considered the administrative case at the first, appellate or cassation instance, and information about the content of the decisions they made;

5) an indication of the judicial acts that are being appealed;

6) an indication of the nature of the significant violations of substantive law or procedural law committed by the courts that influenced the outcome of the administrative case, with the presentation of arguments indicating such violations;

7) request of the person filing the complaint, presentation.

2. The cassation appeal of a person who did not take part in the administrative case must indicate what rights, freedoms and legitimate interests of this person were violated by a judicial act that entered into legal force.

3. If a cassation appeal or presentation was previously filed with a cassation court, it must indicate the decision taken on the complaint or presentation.

4. The cassation appeal must be signed by the person filing the appeal or his representative. A cassation appeal filed by a representative shall be accompanied by a document certifying the authority of the representative and other documents provided for in Part 3 of Article 55 of this Code. The cassation presentation must be signed by the prosecutor specified in Part 6 of Article 318 of this Code.

5. Copies of judicial acts adopted in the administrative case, certified by the relevant court, are attached to the cassation appeal or presentation.

6. Cassation appeals and presentations are submitted with copies, the number of which corresponds to the number of persons participating in the case.

7. The cassation appeal 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 benefits in the payment of the state duty, or the cassation appeal must contain a request for a deferment or installment plan for the payment of the state duty or for a reduction its size or exemption from its payment.

8. The issue of granting a deferment or installment plan for the payment of the state duty, or of reducing its amount or exemption from its payment, is resolved by the court of cassation without notifying the persons participating in the case.

CAS RF Article 340. Procedure and time frame for consideration of supervisory complaints, presentations with an administrative case in a court hearing of the Presidium of the Supreme Court of the Russian Federation

1. The Presidium of the Supreme Court of the Russian Federation accepts an administrative case for consideration on the basis of a ruling of a judge of the Supreme Court of the Russian Federation on the transfer of a supervisory complaint, presentation with an administrative case for consideration at a court hearing of the Presidium of the Supreme Court of the Russian Federation.

2. The Presidium of the Supreme Court of the Russian Federation sends to the persons participating in the case copies of the ruling on the transfer of a supervisory complaint, presentation with an administrative case for consideration in a court session of the Presidium of the Supreme Court of the Russian Federation and copies of a supervisory complaint, presentation.

3. Persons participating in the case are notified of the time and place of consideration of the administrative case by the Presidium of the Supreme Court of the Russian Federation according to the rules established by Chapter 9 of this Code. The failure of persons participating in the case and duly notified of the time and place of consideration of the administrative case by the Presidium of the Supreme Court of the Russian Federation does not prevent the consideration of the administrative case by way of supervision.

4. The Chairman of the Supreme Court of the Russian Federation or his deputy, who issued a ruling on the transfer of a supervisory complaint, presentation with an administrative case for consideration at a court session of the Presidium of the Supreme Court of the Russian Federation, cannot participate in the consideration by the Presidium of the Supreme Court of the Russian Federation of these supervisory complaints, presentations with an administrative case business.

5. A supervisory complaint or presentation with an administrative case is considered by the Presidium of the Supreme Court of the Russian Federation at a court hearing within a period not exceeding two months from the date of the ruling by a judge of the Supreme Court of the Russian Federation.

6. Persons participating in the case, their representatives, and other persons who filed a supervisory complaint or presentation may take part in the court hearing if their rights, freedoms and legitimate interests are directly affected by the appealed judicial act.

7. If the prosecutor is a person participating in the case, the Prosecutor General of the Russian Federation or his deputy takes part in the court hearing of the Presidium of the Supreme Court of the Russian Federation.

8. Supervisory complaints, presentations with administrative cases, considered by way of supervision in the Presidium of the Supreme Court of the Russian Federation, are reported by a judge of the Supreme Court of the Russian Federation.

9. A judge of the Supreme Court of the Russian Federation reports on the circumstances of the administrative case, the content of judicial acts adopted in the administrative case, the arguments of the supervisory complaint, the presentations that served as the basis for the transfer of the supervisory complaint, presentations with the administrative case for consideration at the court hearing of the Presidium of the Supreme Court of the Russian Federation.

10. The persons specified in part 6 of this article, if they appeared at the court hearing, have the right to give explanations in the administrative case. The person who filed the supervisory complaint or presentation is the first to give explanations.