How to write a supervisory complaint in an administrative case. Complaint to the Supreme Court. Significant reasons include

CAS RF Article 340

1. The Presidium of the Supreme Court of the Russian Federation accepts an administrative case for consideration on the basis of a ruling by a judge of the Supreme Court of the Russian Federation on the transfer of a supervisory appeal or presentation with an administrative case for consideration in a court session by 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 appeal or presentation with an administrative case for consideration in a court session by the Presidium of the Supreme Court of the Russian Federation and copies of the supervisory appeal or presentation.

3. The persons participating in the case shall be notified of the time and place of the consideration of the administrative case by the Presidium of the Supreme Court of the Russian Federation in accordance with the rules established by Chapter 9 of this Code. The non-appearance of the persons participating in the case and duly notified of the time and place of the 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 has issued a ruling on the transfer of a supervisory appeal, presentation with an administrative case for consideration in a court session by 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 deed.

5. A supervisory appeal, a presentation with an administrative case shall be considered by the Presidium of the Supreme Court of the Russian Federation in a court session within a period not exceeding two months from the day the judge of the Supreme Court of the Russian Federation issues a ruling.

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

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

8. A supervisory appeal, a presentation with an administrative case, considered by way of supervision in the Presidium of the Supreme Court of the Russian Federation, shall be reported by a judge of the Supreme Court of the Russian Federation.

9. A judge of the Supreme Court of the Russian Federation shall report on the circumstances of the administrative case, the content of the judicial acts adopted in the administrative case, the arguments of the supervisory appeal, presentation that served as grounds for transferring the supervisory appeal, presentation with the administrative case for consideration in a court session by the Presidium of the Supreme Court of the Russian Federation.

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

Complaint against a decision in a case on an administrative offense that has entered into force, in accordance with Articles 30.12 - 30.14 of the Code of Administrative Offenses
Content of the supervisory complaint
How to draw up a supervisory appeal against a decision in a case of an administrative offense

Federal Law No. 04.06.2014 143-FZ "On Amendments to Certain Legislative Acts of the Russian Federation in Connection with a Change in the Jurisdiction of Certain Categories of Cases Considered by Courts of General Jurisdiction and Arbitration Courts" the title of the complaint was changed: the words " by way of supervision"eliminated and replaced by words" entered into force". Respectively " supervisory complaint" and " supervisory complaint"are replaced by" a complaint against a ruling on an administrative offense case that has entered into force, decisions based on the results of consideration of complaints, protests. "In this article, as well as on the website, along with the wording" Complaint against a ruling in a case concerning an administrative offense that has entered into force..." wording is used " supervisory complaint" and " supervisory complaint to simplify the presentation of the material.

In addition, please note that from July 01, 2019, in connection with the creation of cassation and appellate courts of general jurisdiction, the procedure for appealing against a decision that has entered into force in a case of an administrative offense will change and a new version of Article 30.13 of the Code of the Russian Federation on Administrative Offenses will come into force (Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 21, 2018 No. 22), according to which complaints against a decision that has entered into force in a case of an administrative offense will need to be filed with the cassation courts of general jurisdiction (cassation military court). At the same time, the right to revise the decision on the case of an administrative offense that has entered into force, decisions based on the results of consideration of complaints, protests, except for the chairmen of the cassation courts of general jurisdiction (the cassation military court) and their deputies, will also be granted to the judges of the cassation courts on behalf of the chairman or his deputies.

A complaint, a protest against a ruling on an administrative offense case that has entered into legal force, decisions based on the results of consideration of complaints, protests must contain :

mandatory requirements for the content of a complaint against a decision that has entered into force

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;

3) names and information about other persons participating in the case specified in Articles 25.1 - 25.4, 25.11 of the Code of Administrative Offenses of the Russian Federation, if any, their place of residence or location;

4) an indication of the courts that considered the case on the first, appellate (meaning the instance that considered), if one was passed, and the first supervisory instance, when the complaint is addressed to the Supreme Court of the Russian Federation, their decisions and the content of their decisions;

5) the arguments of the person who filed the complaint, indicating the grounds for reviewing, by way of supervision, the decision on the case of an administrative offense, decisions based on the results of the consideration of the complaint.

The main attention should be paid to the identification in the case file of circumstances and information that, by virtue of paragraph 4 of part 2 of article 30.17 of the Code of Administrative Offenses of the Russian Federation, could lead to the cancellation of the contested judicial acts.

Before filing a complaint, we strongly recommend that you familiarize yourself with the case materials in full () and request from the court a properly executed copy of the decision on the case of an administrative offense with a note on entry into force and a copy of the decision on the complaint against the decision, if an appeal was made that did not enter into legal force ordinances ().

In the complaint, indicate significant violations of the norms of substantive and procedural law, violation of the requirements of Articles 24.1, 26.1 and 29.10 of the Code of Administrative Offenses of the Russian Federation, committed by the courts, which did not allow a comprehensive, complete and objective consideration of the case, clarification and establishment of the essential circumstances of the event and the composition of the alleged offense, to prove the circumstances on the basis of which the decision and the decision were made, to issue a reasoned decision on the case. Justify the lack of evidence of the circumstances on the basis of which the ruling and decision were made and the conclusions of the courts were formulated. Point out significant violations of the law committed by the courts and justify this with references to the norms of the law. Keep in mind that the legitimacy of court decisions designated as the subject of supervisory proceedings is associated with the correct application of the rules of administrative law. In this regard, in your complaint, you should certainly point out the violations of the norms of the Code of the Russian Federation on Administrative Offenses committed by the court (courts) when examining or evaluating evidence, which affected the correctness of the establishment by the court (courts) of the factual circumstances of the case and led to a miscarriage of justice. Indicate the presence of the circumstances provided for in Articles 2.9, 24.5 of the Code of Administrative Offenses of the Russian Federation, the absence of an objective and / or subjective side of the offense, if the case file contains relevant information. It is important to correctly define the subject of the argument or arguments of the supervisory appeal, to formulate them correctly, clearly and precisely, avoiding ambiguity and inaccurate wording.

For example, according to the Deputy Chairman of the Supreme Court of the Russian Federation - Chairman of the Military Collegium Khomchik V.V. " In accordance with Art. 30.17 of the Code of Administrative Offenses of the Russian Federation, the grounds for canceling judicial decisions by way of supervision are significant violations of procedural requirements, if this did not allow a comprehensive, complete and objective consideration of the case".

According to the law, a supervisory complaint is considered by a single-authorized judge in the absence of participants in the proceedings on the basis of the arguments given in the complaint, in a number of cases and at the discretion of the judge, with a request for case materials. At the same time, the judge who accepted the complaint or protest for consideration, in the interests of legality, has the right, but is not obliged, to check the case of an administrative offense in full.

Please note that the supervisory authority will not be interested in your arguments on the merits of the alleged offense, on the correctness of the establishment of the factual circumstances of the case (questions of fact), if these arguments were not the subject of consideration in the lower courts (the wording in the complaint: "... not taken into account argument about ... "), if the arguments do not relate to a violation of the established procedure for examining and / or evaluating evidence, which affected the correctness of the establishment by the court of the factual circumstances of the case (arguments about the inadmissibility of evidence and the lack of evidence of the circumstances underlying the court decisions), or if your arguments are not based on new evidence that could not, for objective reasons, be obtained in previous judicial instances or presented to the court, while the objectivity and "validity" of the reasons, of course, will have to be properly substantiated.

Also, the supervisory authority is unlikely to be interested in your arguments on 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 by the courts of the event and the composition of the alleged offense, and compliance with the law when applying measures to ensure the proceedings on the case of administrative offense and in court proceedings on the case (wording in the complaint: "... it was not taken into account that ..." or "... the argument about ..." was not taken into account). For example, the decision of Merkulov with the termination of proceedings in the case of an administrative offense, providing for administrative liability under Art. 12.26 part 1 of the Code of Administrative Offenses, on the basis of clause 4 of part 2 of Article 30.17 of the Code of Administrative Offenses - Resolution of December 22, 2014 No. 23-AD14-2.

Arguments on the merits of the offense should be cited as an illustration of unexplained, unexplored and unresolved issues and circumstances that are of significant legal importance for the correct resolution of the case in accordance with the law, as circumstances of the case not taken into account by the courts, as evidence refuting the conclusions of the courts.

It should be indicated what rights or legitimate interests have been violated by the court decisions that have entered into legal force and justify what the violation of the unity of judicial practice consists of with the appropriate justification for this violation by references to the decisions of the Supreme Court of the Russian Federation and the decisions of the Constitutional Court.

It is advisable to structure your arguments in the complaint in such a way that it is clear to the judge who will consider the complaint what you consider the most significant and what is less. It is advisable either at the beginning of the complaint after the introductory part, or at the end of the complaint before the pleading part, to give a general conclusion in general phrases about violations of the law by lower courts. This will require only one paragraph of small or medium size in several lines.

It is inappropriate to overload the supervisory complaint with all possible arguments, you should, given the practice of the supervisory authorities, which you should study, limit yourself to a few of the most important arguments. You can bring the rest of the arguments in the complaint, for example, in the form of a list of them with links to the relevant sheets of the case.

6) a list of materials attached to the complaint, a list of new evidence attached to the complaint. The reference of the person filing the complaint to new evidence that was not presented to the courts of previous instances is allowed only if it is substantiated in the complaint that this evidence could not be obtained and submitted to the courts of first instance (see footnote to article -). It is inappropriate to attach to the complaint the evidence available in the case file. In order to draw the attention of the court to this evidence, it is necessary to clearly formulate the relevant arguments and provide links to the sheets of the case, so that the court has a need to demand the case materials;

7) the request of the person filing the complaint;

8) a complaint must be signed by the complainant or his attorney. The complaint filed by the defense attorney shall be accompanied by a power of attorney or other document certifying the powers of the defense attorney, duly certified;

9) duly certified (in order to exclude the possibility of returning the complaint on the basis of doubt that the copies correspond to the originals) copies of court decisions and decisions taken in the case are attached to the supervisory complaint (copies of judicial acts attached to the complaint must be stitched, numbered, signed by the judge and sealed with a stamp seal; a copy of the decision on the case of an administrative offense, a copy of the decision based on the results of the consideration of the complaint, if such a decision has been made; in the case of filing supervisory appeal to the Supreme Court of the Russian Federation- a copy or the original of the ruling, which you must have received on the complaint of the court specified in Part 2 of Article 30.13 of the Code of Administrative Offenses of the Russian Federation), a copy of the document that certifies the powers of the legal representative of an individual or legal entity, a copy of the power of attorney or an order issued by the relevant legal education, which certifies the powers of a lawyer, in if the complaint is signed by the indicated persons; copies of the complaint, the number of which corresponds to the number of other participants in the proceedings in the case of an administrative offense specified in Articles 25.1 - 25.4, 25.11 of the Code of Administrative Offenses of the Russian Federation.

10) Re-filing a complaint in the manner prescribed by Articles 30.12 - 30.14 of the Code of Administrative Offenses of the Russian Federation, on the same grounds, to a court that has previously considered a complaint against a ruling on an administrative offense that has entered into legal force, a decision based on the results of consideration of complaints, is not allowed. At the same time, the law does not prohibit filing a repeated complaint on other or new grounds, or on newly discovered circumstances (see).

Deadline for filing a supervisory appeal not limited.

Supervisory complaint filed is brought directly to the supervisory authority.

A supervisory appeal is not subject to state duty.

Supervisory complaint is filed with the supreme courts of the republics, regional and regional courts, the courts of the cities of Moscow and St. Petersburg, the courts of the autonomous region and autonomous districts, the Supreme Court of the Russian Federation.

A ruling on a case of an administrative offense that has entered into force, decisions based on the results of consideration of complaints, are entitled to be reviewed by the chairmen of the supreme courts of the republics, territorial, 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 considers decisions based on the results of consideration of complaints against the said decision. The aforementioned resolution and decisions are considered by the Supreme Court of the Russian Federation in the event that if they were considered chairmen of the relevant supreme courts of the republics, regional courts, courts of the cities of Moscow and St. Petersburg, courts of the autonomous region and autonomous districts or their deputies.

About acceptance complaints against the decision of the judge in the case of an administrative offense that has entered into force, decisions based on the results of consideration of complaints against the decision, the judge issues a ruling.

The decision on the complaint shall be made no later than two months from the date of receipt of the complaint to the court, and in case of retrieval of a case on an administrative offense - no later than one month from the date of receipt of the case to the court.

Resolution adopted on the basis of the results of consideration in order to supervise the complaint (complaints against the decision of the judge in the case of an administrative offense that has entered into force, decisions based on the results of consideration of complaints against the decision), must meet the requirements of Art. 30.18 of the Code of Administrative Offenses of the Russian Federation.

We strongly recommend that for the analysis of the administrative material, the case materials as a whole, the rulings and decisions of the courts of previous instances, to involve a specialist (defender/lawyer) with sufficient experience in this branch of law, who can identify such shortcomings that neither you, nor your lawyer or lawyer, did not take into account earlier and for some reason did not pay attention to them, but which can fundamentally change the presentation, wording and presentation of arguments in the supervisory complaint in order to influence the outcome of the consideration of the complaint.

Please read the information on the page " ", which, among other things, also contains the grounds for appeal that apply to a supervisory appeal.

We advise, if possible, to study the practice of the court in which it is planned to file a supervisory appeal. At the same time, one should not be limited to studying only decisions in similar cases. Useful information is contained in other cases of this court, for example, concerning the consideration of review complaints in the field of traffic. To some extent, this will make it possible to more correctly formulate the arguments and their presentation in the supervisory complaint. It makes sense to analyze the practice of the Supreme Court of the Russian Federation on specific arguments that are planned for use in defense. To substantiate a number of defense arguments, we recommend that references be made to the legal position of the Constitutional Court of the Russian Federation, set out in the relevant definitions, decisions and resolutions of the Constitutional Court of the Russian Federation.

We strongly recommend that you check the correctness of the execution of the copies of judicial acts attached to the complaint, which must be stitched, numbered, signed by the judge and affixed with the official seal of the court, in order to avoid returning the complaint due to non-compliance of the attached copies with the requirements of the Instruction on judicial record keeping in the district court, approved. by order of the Judicial Department at the Supreme Court of the Russian Federation dated April 29, 2003 No. No. 36. Yes, and do not forget to sign the complaint yourself.

We would like to draw your attention to the fact that the presence directly and obviously indicates the need to go to the end, providing full protection at all stages of legal proceedings, accumulating all the necessary and sufficient arguments for the successful resolution of the case.

Examples of a positive resolution of cases of administrative offenses involving administrative liability under Art. 12.26 h. 1 and according to Art. 12.8 part 1 of the Code of Administrative Offenses of the Russian Federation, are decisions of the Supreme Court of the Russian Federation on the annulment of judgments of lower instances - resolution of December 22, 2014 No. 23-AD14-2, of April 23, 2015 No. 56-AD15-10, of May 20, 2015 No. 49-AD15-2, dated November 27, 2015 No. 45-AD15-8, as well as others that you can find on. Hence a simple practical conclusion: you should be patient and go to the end.

On the issues of drawing up a supervisory appeal against a decision in a case on an administrative offense that has entered into force, taking into account the individual nuances and circumstances of the event, the proceedings in the courts of lower instances, on the specifics of proceedings in the courts of supervisory instances, the evaluation of decisions on supervisory appeals, other issues related to the appeal of the decision in the case of an administrative offense, you can contact the contact information provided on the page ""

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 appeal is filed in an 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 to reflect in the document the circumstances of the case, which may become the basis for the annulment of 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 correctly drafted. The document must contain indications of violations of the procedural and substantive law during the consideration of the case. It is recommended that you seek the assistance of a qualified lawyer when drafting the application.

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

A sample of a supervisory complaint in an administrative case includes:

The name of the body to which the application 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 name of the document is a supervisory complaint.
The contested decision. Indicate the names of all judicial bodies that considered the case, and the date of adoption of each decision.
The arguments of the accused. It is explained on what grounds the accused does not agree with the decision taken by the court.
Applicant's request. The accused asks to accept the appeal to the proceedings and cancel / change the decision. This part contains references 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 with the application are listed.
Date of preparation.
Applicant's signature.

A supervisory appeal is filed after the decision enters into force. If up to this point no attempt has been made to challenge the decision, this should be reflected in the document. If the applicant has repeatedly filed a protest against this decision before it comes into force, you must indicate the outcome of the consideration in each case.

Restrictions on appeal

In order to challenge the court order in this manner, the applicant should apply directly to the supervisory authority. An application is submitted after the entry into force of the decision.

There are two restrictions to keep in mind when applying:

it is forbidden to send an appeal several times on the same grounds;
appeals are submitted 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 appeal in an administrative case is not established by law. Therefore, regardless of what period has passed since the entry into force of the decision, the application will be accepted for consideration.

In the Supreme Court, decisions taken as a result of contestation in the supreme courts of the constituent entities are reviewed in a supervisory manner. At the same time, their compliance with current legal norms is assessed.

The order of 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 the payment of a state duty.

When filed with the Supreme Court, the following is considered:

two months (without claiming the case);
three months (if necessary, reclamation, counted from the date of receipt by the Supreme Court);
extension for a period of not more than two months - 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 ruling unchanged.
Change one or more court rulings.
Cancel in whole or in part.

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

When the decision is appealed in the order of supervision

A supervisory appeal in an administrative case is filed with an unsatisfactory result of the consideration of the appeal and cassation. There must be compelling reasons to apply. 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, violations of the law.
False testimony was heard in the case.
The evidence used was flawed.
The presumption of innocence is not respected in the case, the bias of the judges is obvious.
The basis for the decision was only papers formed by officials.

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

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

What documents are sent along with the complaint

The text must indicate the list of attached papers. What documents should be submitted for review?

Copies of the following forms must be attached:

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

A supervisory appeal is filed on the basis of 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. For its preparation, it is important to determine what kind of violations were committed by the court during the consideration of the case. The text should contain references to specific norms of the law. An example document, which can be downloaded below, allows you to get a general idea of the structure of the appeal.

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Judicial decisions on administrative matters can be appealed to the supervisory authority. Thus, it is possible to change the court order after it has entered into legal force.

What it is

- this is one of the tools to control how justified, from the point of view of the law, the decisions made by the court. And for ordinary citizens, this is another opportunity to get their case reviewed in a higher court. All questions regarding the consideration of a supervisory appeal are given in Chapter 41 of the Civil Code of the Russian Federation.

Persons eligible to file a supervisory review include:

participants in the process (the defendant, the plaintiff, their legal representatives);
whose interests were affected in that particular proceeding;
bodies of state and local self-government;
prosecutor participating in this meeting.

Where is served

There are several factors that determine where a supervisory appeal in an administrative case is sent:

When trying to appeal against the decision of the regional branch of the court, announced at the primary instance, subject to the condition that they were not previously a matter of supervisory or in the supreme instance, court decisions of local and, then the document must be sent to the Presidium of the regional court.
If you wish to appeal against the decisions of the district court issued at the primary instance, provided that they were not the subject of cassation in the Russian Federation, against the decision of the district court approved in the first instance and the complaints were drawn up without the consent of the Presidium of the regional court, the document must be submitted to the Judicial Collegium Supreme Court of the Russian Federation.
When trying to challenge the decision of the Supreme Judicial Branch, considered at the primary instance, adopted in the cassation process, it is required to submit a document to the Presidium of the Supreme Court of the Russian Federation.

How to write a supervisory complaint in an administrative case

A complaint against a court decision that has entered into legal force on the basis of must include the following information:

The name of the court to which the complaint is filed.
Data of the citizen submitting the supervisory complaint, as well as data of other persons participating in the process (names, addresses, etc.).
Information about the case to be disputed (summary, main details, final conclusion of the judge).
Grounds and arguments on which the case should be considered in the supervisory procedure. In this paragraph, the greatest attention should be paid to those circumstances that may cause the cancellation of the decision.
List of applications.
The request of a citizen challenging the issued court order, for example, on the cancellation of a specific judicial act, the end of judicial proceedings, and so on.
At the end, the citizen who made the complaint must put his signature.

The following documents serve as a mandatory list of applications:

copies of the complaint (one for each participant in the process);
production order;
decision upon completion of consideration of the supervisory appeal;
power of attorney (required in cases where a citizen does not represent his interests himself).

Sample 2019

Deadline and procedure for submission

Appeals against court decisions are possible within one year from the date of their entry into force.

This complaint can only be filed with a higher court in relation to the judicial authority that made the original decision. When the decision of the appeal is made by the supervisory court, the complaint can be sent again to a higher authority.

Important! A supervisory appeal can only be filed with the supervisory court.

State duty

The question of whether to pay causes a lot of controversy on the Internet. This is due to the fact that earlier, until 2009, no state duty was levied on cases that were appealed in cassation.

However, now, on the basis of, when filing a supervisory appeal, a fee must be paid that is commensurate in size with that paid when filing claims ( 200 rubles).

Important to remember! Without payment of the state fee, the supervisory complaint will not be accepted.

Terms and order of consideration

Consideration of a supervisory appeal takes 30 days from the date of its submission to the court. The time for passing a document between instances is currently not limited by any legislative norms. When filing a complaint from places of detention (usually this occurs in, and not in administrative cases), the term for submitting a document to the court takes more than a month.

When the court can:

refuse to accept it (arguing this by saying that he does not see any violations committed by the previous court instance);
start a supervisory review of the case - in any case, the citizen who filed the complaint should be notified of the decision made by the court.

Arbitrage practice

There is an opinion that there is no point in filing supervisory complaints, since they are not considered anyway. This is due to the fact that citizens do not have an understanding of how judicial practice works.
Filing a complaint does not mean at all that it will necessarily be considered within the framework of a court session. The resolution may be reviewed after the corresponding decision of the deputy supervisory authority.

In simple terms, the supervisory court conducts a kind of revision of decisions made by previous judicial instances. It is impossible from the point of view of the law to pass a worse sentence. Supervisory courts very rarely send a case for review, but they can significantly reduce the penalty.

A supervisory complaint is an excellent opportunity to obtain a review of a decision on administrative violations. Even if the case does not reach a retrial, the chances that the punishment will be reduced are quite high.

Video: Specialist consultation

How does the presumption of innocence, formulated in Art. 1.5 of the Code of Administrative Offenses of the Russian Federation when considering cases of offenses in the field of traffic? If you look at the evidence that “confirms the guilt” of a person, then the answer will be at least ambiguous. The evidence base can be based on contradictory documents, and oral explanations of representatives of the civil service are rarely called into question and accepted as reliable. At the same time, in Russian legislation, the last resort for protecting the rights of a person in respect of whom a decision has been made to bring to administrative responsibility should be an appeal against the decision under the Code of Administrative Offenses of the Russian Federation in the Supreme Court.

The Supreme Court of the Russian Federation according to Art. 7 of the Federal Constitutional Law of February 5, 2014 No. 3-FKZ "On the Supreme Court of the Russian Federation" has the right in accordance with the procedural legislation of the Russian Federation and in order to ensure the unity of judicial practice and legality, checks, by way of supervision, by way of resuming proceedings on new or newly discovered circumstances, judicial acts that have entered into force.

The Supreme Court considers complaints against a judge's ruling on an administrative offense case that has entered into legal force and decisions based on the results of consideration of complaints. The above resolution and decisions are considered by the Supreme Court if they have been considered by the chairmen of the respective courts of the constituent entities of the Russian Federation or their deputies.

An appeal against a decision under the Code of Administrative Offenses of the Russian Federation in the Supreme Court is carried out by (with copies for other participants in the proceedings in the case of an administrative offense specified in Articles 25.1 - 25.4, 25.11 of the Code of Administrative Offenses of the Russian Federation) and copies of the decision and decisions in the case of an administrative offense

The decision on the case of an administrative offense, decisions based on the results of consideration of complaints are checked on the basis of the arguments set forth in the complaint and the objections contained in the response to the complaint. However, a rule has been established that a judge who has accepted a complaint or protest for consideration, in the interests of legality, has the right to check the case of an administrative offense in full.

It is regulated that a decision on a complaint shall be made no later than two months from the date of receipt of the complaint by the Supreme Court of the Russian Federation, and in the event of a reclamation of a case on an administrative offense - no later than one month from the date of receipt of the case by the court.

Part 4 of Art. 30.16 of the Code of Administrative Offenses of the Russian Federation it is established that repeated filing of complaints, bringing protests on the same grounds to the court that had previously considered the ruling on the case of an administrative offense that had entered into legal force, decisions based on the results of consideration of complaints, protests against such a resolution are not allowed.

In paragraph 34 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 24, 2005 No. 5 “On some issues that arise with the courts when applying the Code of Administrative Offenses of the Russian Federation” it is formulated that consideration of supervisory complaints and protests against decisions and (or) decisions in cases of administrative offenses that have entered into legal force does not require a court session, since this is not provided for by the Code of Administrative Offenses of the Russian Federation. If the chairman or deputy chairman of the relevant court has doubts about the legality of the appealed, protested decision and (or) decision in the case of an administrative offense, he has the right to demand the case for verification. At the same time, in accordance with Part 2 of Article 30.16 of the Code of Administrative Offenses of the Russian Federation, these persons, in the interests of legality, can check the case in full.

That is, a person in respect of whom a decision was made to bring to administrative responsibility, when appealing against a decision under the Code of Administrative Offenses of the Russian Federation in the Supreme Court, can receive a de facto judicial act in the supervisory authority, built solely on information from the decision and decisions that the complainant calls into question.

For example, an appeal against a decision under the Code of Administrative Offenses of the Russian Federation in the Supreme Court occurs on the following grounds:

improper execution of written evidence in the case when drawing up a protocol on an administrative offense by officials (the procedure for filling out is violated, signatures, the place of drawing up are disputed);
contradictions in the explanations of the person who drew up the protocol on an administrative offense, reflected in the protocol of the court session in the Magistrate's Court;
improper interpretation of the witness's explanations, reflected in the minutes of the court session;
the presence of written petitions in the case of an administrative offense, which are aimed at demanding evidence in the case (video recordings), which the court of first instance did not consider on the merits;
contradictions in testimonies from those information that he confirmed as understood in the Act (difference in the time of fixation);
the fact of the absence in the materials of the case of an administrative offense of a video recording of circumstances examined in an open court session, which are subject to proof.

With such arguments of the complaint, it is logical to examine the materials of the case of an administrative offense and exclude doubts, which are also detailed in the complaint.

However, on December 18, 2014, a judge of the Supreme Court of the Russian Federation accepts the complaint for proceedings, and on December 24, 2014, issues a decision on the complaint without examining the case materials on an administrative offense in full. At the same time, the contested judicial acts also did not contain an assessment of the explanations of the person in respect of whom a protocol on an administrative offense was drawn up, an assessment of all the evidence in conjunction with the explanations of the witness.

According to the Ruling of the Constitutional Court of the Russian Federation of 04.04.2006 No. 113-O “According to the complaint of citizen Ovchinnikov Viktor Aleksandrovich about the violation of his constitutional rights by part 3 of article 30.11 of the Code of Administrative Offenses of the Russian Federation” verification in the order of supervision of judicial acts in a case of an administrative offense cannot be carried out within the same limits as in the previous stages. The supervisory court can only verify the legality of judicial acts, without going into questions of fact, and therefore at this stage of the process it is unacceptable to apply, by analogy, the provisions of Article 30.6 of the Code of Administrative Offenses of the Russian Federation, which regulates the procedure for considering a complaint against a decision in a case of an administrative offense: in accordance with paragraph 8 part 2 of its part 2, the legality and validity of the decision made are checked on the basis of both the materials available in the case and additionally submitted materials, while the verification of the case in full, regardless of the arguments of the complaint (part 3), on the basis of, among other things, additionally submitted materials, attaches to such a procedure (according to part 3 of Article 30.9, it is also applied when revising a decision made on a complaint against a decision in a case on an administrative offense) the nature of the appeal procedure, which cannot be applied at the supervisory stage.

Thus, an appeal against a decision under the Code of Administrative Offenses of the Russian Federation in the Supreme Court of Russia in practice can be a test of the legality of the issuance of judicial acts, without a full study of the case materials, regardless of the arguments of the complaint.