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Civil procedural law. The procedure for initiating proceedings in the supervisory authority (the most important)

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71. PROCEDURE FOR INITIATING PROCEEDINGS AT THE SUPERVISORY AUTHORITY

Supervisory proceedings are initiated by filing a complaint or by presenting the prosecutor to the court.

The complaint is filed:

1) on decisions and rulings of the Supreme Courts of republics, regional, regional courts, courts of federal cities, courts of an autonomous region, courts of autonomous districts that have entered into legal force, adopted by them at first instance, if these decisions and rulings were not the subject of cassation or supervisory review in the Supreme Court of the Russian Federation; on cassation rulings of the Supreme Courts of republics, regional, regional courts, courts of federal cities, courts of an autonomous region, courts of autonomous districts; on appeal decisions and rulings of district courts; on court orders, decisions and determinations of district courts and magistrates that have entered into legal force - respectively, to the presidium of the Supreme Court of the republic, regional, regional court, court of a federal city, court of an autonomous region, court of an autonomous district;

2) against cassation rulings of district (naval) military courts; on decisions and rulings of garrison military courts that have entered into force - to the presidium of the district (naval) military court;

3) to the rulings of the presidiums of the supreme courts of the republics, territorial and regional courts, courts of cities of federal significance, courts of an autonomous region, courts of autonomous districts; on the decisions and rulings of the Supreme Courts of the republics, regional, regional courts, courts of cities of federal significance, courts of the autonomous region, courts of autonomous districts, adopted by them in the first instance, that have entered into legal force, if these decisions and rulings were not the subject of cassation consideration in the Supreme Court of the Russian Federation ;

4) to the rulings of the presidiums of district (naval) military courts; on the decisions and rulings of the district (naval) military courts that have entered into legal force, adopted by them in the first instance, if these decisions and rulings were not the subject of cassation consideration in the Supreme Court of the Russian Federation; on cassation rulings of district (naval) military courts, as well as on decisions and rulings of garrison military courts that have entered into force, if complaints against these court decisions were left without satisfaction by the presidium of the district (naval) military court, - to the Military Collegium of the Supreme Court of the Russian Federation;

5) on decisions and rulings of the Supreme Court of the Russian Federation that have entered into legal force, adopted by it in the first instance; to the rulings of the Cassation Collegium of the Supreme Court of the Russian Federation; on the rulings of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation, issued by it in the cassation procedure; on the rulings of the Military Collegium of the Supreme Court of the Russian Federation, issued by it in cassation, to the Presidium of the Supreme Court of the Russian Federation.

Supervisory complaint or presentation of the prosecutor, filed in accordance with Art. 377 Code of Civil Procedure of the Russian Federation with jurisdiction, on behalf of the chairman or deputy chairman of the relevant court, are submitted for consideration by a judge of this court.

Author: Gatin A.M.

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