Personal reception of lawyers in the Supreme Court. Supreme Court

The filing of a complaint with the Supreme Court is carried out by a participant in civil proceedings in cases where the previous court decisions adopted by the first and second instances do not correspond to his interests, and he considers them illegal and unfounded. The Supreme Court is the highest court, which can either uphold the findings of lower courts or make its own conclusions.

Courts. Deadline for appeal to the RF Armed Forces

If the decision of the first instance does not satisfy the interests of the plaintiff, defendant or other participant in the civil case, then he has the right to appeal to a higher court. Having received a judicial act of this authority and not agreeing with it, a citizen or organization has the right to file a complaint even higher - to the cassation instance.

The next authority that has the right to consider complaints is the Supreme Court of the Russian Federation, but in order to submit a petition to this judicial body, you must comply with the procedural conditions established by Chapter 41.1. Civil Procedure Code.

So, in order for the application to be accepted, you must not miss the submission deadline. Art. 391.2 of the Code of Civil Procedure it is set at 3 months. Its countdown begins from the date of entry into force of the contested court decision or resolution.

The document is drawn up in writing and sent directly to the highest judicial authority. If it is impossible to travel to the capital, where the RF Armed Forces are located, the complaint can be sent by mail or submitted through representatives.

Filing a complaint to the Supreme Court: contents of the document

Just like with a statement of claim or appeal, the legislator imposes certain requirements on a supervisory complaint. Violation of them is fraught with refusal to accept it, therefore, when drawing up a document, you need to be extremely careful.

The supervisory appeal filed with the Supreme Court must contain the following information:

1. The name of the court to which it is addressed (in the case under consideration, the Supreme Court of the Russian Federation).

2. Information about the applicant, his passport details, residential address, and also indicate who he is in the case (plaintiff, defendant, etc.).

3. List of other participants in the civil case, their personal data, addresses.

4. Information about which courts considered this civil case earlier, a brief summary of the decisions they made.

5. The name of the judicial act with which the submitter does not agree and wishes to appeal.

6. Justification of his position and the requirement that the complainant asks to satisfy.

Other requirements

The complaint is signed either directly by the person filing it or by his authorized representative. In the latter case, such authority must be confirmed by attaching a power of attorney.

A prerequisite is that the application must be accompanied by copies of judicial acts previously adopted in a civil case. These acts must be certified by the court, that is, they must be stamped with a blue court seal.

The appeal is accompanied by copies of it, the number of which should be commensurate with the number of participants in the civil case. A receipt or other payment document indicating payment of the state duty amount is also attached. The amount of this duty is established by the Tax Code, and if a person is exempt from paying it, then, accordingly, a document must be attached proving the grounds for such exemption.

Review stages

Consideration of a complaint sent to the highest judicial body of the Russian Federation can be divided into two stages. The first stage occurs if the document has no defects and is submitted in accordance with legal requirements. In this case, a judge of the Supreme Court of the Russian Federation studies it and decides whether there are grounds for transfer to the Presidium of the Supreme Court or whether there are no such grounds.

If there are grounds for transfer, then the second stage begins - consideration by the Presidium of the Supreme Court. Based on its results, the court is obliged to rule one of the following solutions:

• the appealed judicial act is left unchanged;
• the appealed judicial act is canceled and the case is sent to the lower court for retrial;
• the appealed decision, the ruling is canceled and the case is terminated;
• the judicial act is canceled and a new decision is made;
• one of the already adopted decisions of the lower courts remains in force;
• the complaint is left without consideration.

Professional assistance with supervisory appeals

ANNOUNCEMENT
The Law Bureau informs its clients and clients about the separation of trial lawyers from the Bureau of Criminal Cases into a separate area of ​​activity related to the initiation of a review of convictions in the Supreme Court of the Russian Federation in the manner of supervision.

The work of lawyers in the Supreme Court of the Russian Federation is complex: it requires special experience, painstakingness and thoroughness in studying the materials of the criminal case and the verdict that has entered into legal force, knowledge of supervisory judicial practice, requirements for the supervisory process and other specifics of this area of ​​legal practice. And since our leading lawyers in the field of criminal law have developed their positive practice in representing the interests of defendants in the Supreme Court of the Russian Federation, the need and opportunity for such specialization arose.

• studying the materials of the criminal case, with a lawyer visiting the region at the place of the court where the guilty verdict was passed;
• preparation, if necessary, of “interim” supervisory complaints;
• personal conversation with the convicted person at the place of serving the sentence (if it is necessary to clarify any additional circumstances in the case);
• study of judicial practice and the position of the RF Armed Forces on this category of cases;
• preparation of a supervisory complaint, taking into account the requirements for this category of documents, and knowledge of the grounds for initiating supervisory proceedings and reversing sentences;
• submission by a lawyer of a supervisory appeal with the necessary attachments to the Supreme Court of the Russian Federation at a personal reception or through an expedition;
• speech by a lawyer in the Supreme Court of the Russian Federation when initiating supervisory proceedings;
• other work of a lawyer related to the initiation of a review of a sentence in the RF Armed Forces.

• a court verdict that has entered into legal force;
• determination of the cassation authority.

• a court verdict that has entered into legal force, certified by the blue seal of the district court;
• a ruling of the cassation authority, certified by the blue seal of the district court;
• resolution of a judge of a regional (territorial, republican) court to refuse to initiate supervisory proceedings*;
• response from the chairman of the regional (territorial, republican) court about the absence of grounds for initiating supervisory proceedings*.
*If the last two documents are missing, because the verdict was not appealed through supervisory review, then these stages of appeal can be carried out by the Bureau’s lawyers.

The period for studying the materials of the criminal case, preparing and filing a supervisory complaint is from 3 months from the date of receipt of all necessary documents.
THIS MESSAGE SHOULD NOT BE INTERPRETED IN ANY WAY OTHER THAN AS AN OFFER OF ATTORNEY ASSISTANCE.

Tel./fax Bureau: 8 (095) 961-00-19 .
Curator of the department - leading trial lawyer in criminal cases GERBICH Olga Vladimirovna

Some features of the consideration of criminal cases in the Supreme Court of the Russian Federation.

Cassation and supervisory review of criminal cases by the Supreme Court of the Russian Federation has its own characteristics.
In cassation proceedings Of great importance is the correct preparation of the cassation appeal, taking into account the requirements for it, as well as compliance with the deadline for filing it. The cassation board does not examine the materials of the criminal case, but only clarifies the issue of the legality and validity of the verdict. As a rule, cassation review leaves the verdict unchanged, and the complaints are left unsatisfied.

Order supervisory proceedings more difficult. However, here too, the result of consideration of supervisory complaints by the Supreme Court of the Russian Federation, as a rule, is a negative answer. And only occasionally, when establishing from the complaint and the sentence attached to it and determining any special circumstances, the Court can request a criminal case for study. However, after studying the materials of the criminal case, the verdict is most often left unchanged. And only in exceptional cases, if the arguments set out in the complaint are confirmed by the case materials, should supervisory proceedings be initiated, which together with the criminal case are sent to the supervisory court for a new trial. Therefore, the ability to find exactly the kind of arguments that the Court will consider the basis for first requesting a criminal case, and then for initiating supervisory proceedings and revising the sentence, depends on the experience and knowledge of the lawyer.

the lawyer provides one-time legal assistance, and also conducts full cases in the Armed Forces of the Russian Federation

one-time legal assistance:

• legal consultation - 1,500 rub.
• assessment of the prospects for appealing judicial acts to the Armed Forces of the Russian Federation - 7,000 rubles.
• drawing up a supervisory complaint - 25,000 rubles.
• participation of a lawyer in 1 court hearing in the Supreme Court of the Russian Federation - 40,000 rubles.

representing the interests of the principal in the Supreme Court of the Russian Federation:

• full case management in the RF Armed Forces - 50,000 rubles*

*The cost of full case management in the RF Armed Forces includes:

• familiarization with the materials of the arbitration case
• analysis of judicial acts
• assessment of the prospects for appealing judicial acts to the RF Armed Forces
• development of a legal position, analysis of judicial practice
• drawing up a supervisory complaint
• participation in a court hearing in the RF Armed Forces

How to use the help of a lawyer-representative in the Supreme Court of the Russian Federation

1. Call a lawyer, outline the situation, arrange a meeting at a convenient time to discuss all the details of the arbitration dispute.

2. After analyzing the documents and the situation, arbitration lawyer can discuss with you the prospects of appealing judicial acts in the Supreme Court of the Russian Federation and build a work plan.

3. If you wish, enter into an agreement with a lawyer and entrust her with representing your interests in the Supreme Court of the Russian Federation.

4. After developing tactics and agreeing on a position with you, the lawyer will begin to protect the interests of your business in the Supreme Court of the Russian Federation, using his experience and knowledge.

5. After receiving the judicial act of the Supreme Court, the lawyer will give you the result of his work.

If all your complaints that were sent to the appellate, cassation and supervisory authorities remained unsatisfied, the only chance to change anything is to appeal to the Supreme Court of the Russian Federation. As practice shows, only a few Russians use this opportunity. First of all, this is due to the fact that it is almost impossible to competently draw up a supervisory complaint without the help of a specialist. Only an experienced lawyer in the Supreme Court, who knows all the nuances of preparing this procedural document and the norms of the current legislation, is able to professionally challenge the decision of the justice authorities that has entered into force. Our board has extensive experience in handling cases in this instance.

Advantages of the Collegium

Our lawyers, who represent the interests of clients in the Supreme Court, have a large number of successful cases. This fact testifies to the high professionalism of the board’s specialists.

We openly say that no lawyer can promise a 100% positive result when considering a case in the Supreme Court. Our specialists guarantee high quality services and responsibility in achieving your goals, regardless of the problem with which you turn to us for help.