Lecture number 14. Review of court decisions that have entered into legal force in a court of supervisory authority

Under supervision, reviewed court decisions of both the appellate and cassation instances that have entered into force. After the appellate decision or cassation ruling enters into legal force, it may be appealed in the supervisory procedure within 1 year. Persons participating in the case, as well as persons who did not participate in the case, but consider that their rights and legitimate interests have been violated by a court decision, have the right to file a complaint or presentation. Supervisory proceedings differ from cassation and appeal proceedings in that a complaint can be brought to court not only by the persons participating in the case, which is of great importance. In Art. 377 of the Code of Civil Procedure of the Russian Federation establishes the rule for filing a supervisory appeal or presentation by the prosecutor, or rather, against the decision of which court and to which court a complaint can be filed subject to jurisdiction.

A supervisory complaint or a prosecutor's presentation must contain (Article 378 of the Code of Civil Procedure of the Russian Federation):

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

2) the name of the person filing the complaint or presentation, his place of residence or location and procedural status 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, cassation or supervisory instances, and the content of their decisions;

5) an indication of the decision, ruling of the court and the decision of the presidium of the court of the supervisory instance, which are being appealed;

6) an indication of what constitutes a significant violation of the law committed by the courts;

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

The supervisory appeal of a person who did not take part in the case must indicate what rights or legitimate interests of this person have been violated by a court decision that has entered into legal force. If a supervisory complaint or a prosecutor's presentation was previously filed with a supervisory authority, they must indicate the decision of the court. 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 prosecutor's presentation must be signed by the prosecutor.

When filing a supervisory appeal or presentation, the court must accept the appeal for proceedings. The court does not have the right to leave the complaint or presentation without movement, to refuse to accept the complaint or presentation.

The court has the right only to return a supervisory complaint or a prosecutor's presentation without consideration on the merits, if (Article 380 of the Code of Civil Procedure of the Russian Federation):

1) the complaint or presentation does not meet the requirements provided for by the Code of Civil Procedure of the Russian Federation;

2) the complaint or presentation has been filed by a person who does not have the right to appeal to a court of supervisory authority;

3) the term for appealing against the court decision by way of supervisory review has been missed and the court ruling that has entered into legal force on the restoration of this term has not been attached to the complaint;

4) prior to the acceptance of the complaint or presentation for consideration on the merits, a request was received for their return or withdrawal;

5) the complaint or presentation was filed in violation of the rules of jurisdiction.

In the court of the supervisory instance, the case is considered and resolved on the merits within 1 month, with the exception of the Supreme Court of the Russian Federation. The case must be considered by the Supreme Court of the Russian Federation within 2 months. After considering the supervisory complaint or the presentation of the prosecutor, the court decides to recover the case if there are doubts about the legality of the court decision, or to refuse to recover the case if the arguments set forth in the complaint or presentation cannot lead to the possibility of canceling the court decision. The basis for the revision (i.e., cancellation or amendment) of court decisions in the supervisory instance is the presence of significant violations of the norms of substantive or procedural law. After accepting a supervisory appeal or a prosecutor's presentation, the court issues a ruling on the appointment of a trial, notifying the persons of the place and time of its holding. During the trial, the rapporteur judge sets out the circumstances of the case, the content of the court decisions adopted in the case, the motives for the supervisory appeal or the prosecutor’s presentation, and the ruling on initiating supervisory proceedings.

The court, having considered the case by way of supervision, has the right (Article 390 of the Code of Civil Procedure of the Russian Federation):

1) to leave the judicial decision of the court of the first, second or supervisory instance unchanged, the supervisory complaint or the prosecutor's proposal for a supervisory review of the case - without satisfaction;

2) cancel the court decision of the court of the first, second or supervisory instance in full or in part and send the case for a new trial;

3) cancel the court decision of the court of the first, second or supervisory instance in full or in part and leave the application without consideration or terminate the proceedings on the case;

4) to leave in force one of the court rulings adopted in the case;

5) cancel or change the judicial decision of the court of the first, second or supervisory instance and adopt a new judicial decision, without submitting the case for a new consideration, if an error has been made in the application and interpretation of substantive law;

6) to leave the supervisory complaint or the presentation of the prosecutor without consideration, if there are grounds for that.

Author: Gushchina K.O.

<< Back: Review of decisions and rulings of the court of first instance that have not entered into legal force (Proceedings in the court of appeal. Proceedings in the court of cassation)

>> Forward: Revision of decisions and court rulings that have entered into legal force based on newly discovered circumstances (Grounds for revising an act that has entered into legal force due to newly discovered circumstances. The procedure for applying to the court with an application to revise a judicial act due to newly discovered circumstances. Consideration of an application (submission) based on newly discovered circumstances)

We recommend interesting articles Section Lecture notes, cheat sheets:

▪ Commercial law. Crib

▪ Stocks and bods market. Crib

▪ Pharmacology. Crib

See other articles Section Lecture notes, cheat sheets.

Read and write useful comments on this article.

<< Back

Latest news of science and technology, new electronics:

The existence of an entropy rule for quantum entanglement has been proven 09.05.2024

Quantum mechanics continues to amaze us with its mysterious phenomena and unexpected discoveries. Recently, Bartosz Regula from the RIKEN Center for Quantum Computing and Ludovico Lamy from the University of Amsterdam presented a new discovery that concerns quantum entanglement and its relation to entropy. Quantum entanglement plays an important role in modern quantum information science and technology. However, the complexity of its structure makes understanding and managing it challenging. Regulus and Lamy's discovery shows that quantum entanglement follows an entropy rule similar to that for classical systems. This discovery opens new perspectives in the field of quantum information science and technology, deepening our understanding of quantum entanglement and its connection to thermodynamics. The results of the study indicate the possibility of reversibility of entanglement transformations, which could greatly simplify their use in various quantum technologies. Opening a new rule ... >>

Mini air conditioner Sony Reon Pocket 5 09.05.2024

Summer is a time for relaxation and travel, but often the heat can turn this time into an unbearable torment. Meet a new product from Sony - the Reon Pocket 5 mini-air conditioner, which promises to make summer more comfortable for its users. Sony has introduced a unique device - the Reon Pocket 5 mini-conditioner, which provides body cooling on hot days. With it, users can enjoy coolness anytime, anywhere by simply wearing it around their neck. This mini air conditioner is equipped with automatic adjustment of operating modes, as well as temperature and humidity sensors. Thanks to innovative technologies, Reon Pocket 5 adjusts its operation depending on the user's activity and environmental conditions. Users can easily adjust the temperature using a dedicated mobile app connected via Bluetooth. Additionally, specially designed T-shirts and shorts are available for convenience, to which a mini air conditioner can be attached. The device can oh ... >>

Energy from space for Starship 08.05.2024

Producing solar energy in space is becoming more feasible with the advent of new technologies and the development of space programs. The head of the startup Virtus Solis shared his vision of using SpaceX's Starship to create orbital power plants capable of powering the Earth. Startup Virtus Solis has unveiled an ambitious project to create orbital power plants using SpaceX's Starship. This idea could significantly change the field of solar energy production, making it more accessible and cheaper. The core of the startup's plan is to reduce the cost of launching satellites into space using Starship. This technological breakthrough is expected to make solar energy production in space more competitive with traditional energy sources. Virtual Solis plans to build large photovoltaic panels in orbit, using Starship to deliver the necessary equipment. However, one of the key challenges ... >>

Random news from the Archive Music for aliens 01.08.2018 For people, music is a unique kind of creativity that can become a real language of communication. Recently, experts decided to send a musical message into space, which, of course, no one has done. One of the scientists even created music for the aliens. The idea to send music into space belongs to a new art project called Intergalactic Omniphonic. Its author is the philosopher Jonathon Keats. The researcher suggested that the sounds received from space could be alien music. Based on this, he decided that the aliens love and appreciate music. Alien music is not the kind that earthlings are used to, although its principle is similar. Jonathon Keats bought a uranium glass marble and also a dial with a radius. He connected all this with wires. The principle of operation of the device is such that the wooden handle of the bell rises and releases high-energy radioactive gamma radiation. Thanks to the design, sounds are sent into space. The scientist then bought ultrasonic dog whistles and turned them into some kind of ultrasonic organ. A person cannot hear the music published, but alien ears can be sensitive to it. One of Keats' musical instruments was the gravitational cello. It consists of a steel ball that hangs from the end of a wooden shaft. The scientist swings the ball, creating special gravitational waves, the existence of which was announced in 1916 by Einstein, and in 2015 they were first discovered. They were the result of the merger of two black holes. Now Keats is going to create a kind of "universal anthem", which will be based on the laws of thermodynamics.

Other interesting news:

▪ Panasonic MeganeX Virtual Reality Glasses

▪ New exotic state of matter discovered

▪ 60V and 75V MOSFETs for Synchronous Rectification Circuits

▪ Meizu 10 mAh power bank with fast charging technology

▪ How infections spread

News feed of science and technology, new electronics

Interesting materials of the Free Technical Library:

▪ site section Lighting. Article selection

▪ article Organic synthesis. History and essence of scientific discovery

▪ What are the specifics of China? Detailed answer

▪ Article Contractor. Job description

▪ article Device for automatic drying of motor windings. Encyclopedia of radio electronics and electrical engineering

▪ Rehearsal article. Focus Secret

Leave your comment on this article:

All languages ​​of this page

Arabic	Hebrew	Polish
Bengali	Hindi	Portuguese
Chinese	Italian	Spanish
English	Japanese	Turkish
French	Korean	Ukrainian
German	Malay	Vietnamese

Home page | Library | Articles | Website map | Site Reviews

www.diagram.com.ua
2000-2024