Legal encyclopedia. Letter P

REVISION IN THE ORDER OF OVERSIGHT

Entered into legal force judicial acts of courts in the Russian Federation can be reviewed in the order of supervision according to the rules established in Ch. 36 of the agrarian and industrial complex of the Russian Federation, Ch. 41 of the Code of Civil Procedure of the Russian Federation, Ch. 48 of the Code of Criminal Procedure.

In the order of supervision, the following may be appealed:

1) the verdict, decision and decision of the magistrate, the verdict, the ruling and the ruling of the district court, the cassation determination of the supreme court of the republic, the regional or regional court, the court of the city of federal significance, the court of the autonomous region and the court of the autonomous region - to the presidium of the supreme court of the republic, The regional court, the court of the city of federal significance, the court of the autonomous region and the court of the autonomous region;

2) the specified judicial decisions if they were appealed in the manner of supervision to the presidium of the supreme court of the republic, the regional or regional court, the court of the city of federal significance, the court of the autonomous region and the court

Autonomous region; The verdict, the ruling and the decision of the Supreme Court of the Republic, the regional or regional court, the court of the city of federal significance, the court of the autonomous region and the court of the autonomous district, unless these court decisions were the subject of consideration by the Supreme Court of the Russian Federation in cassation; The decision of the Presidium of the Supreme Court of the Republic, the regional or regional court, the court of the city of federal significance, the court of the autonomous region and the court of the autonomous region - to the Judicial Board for Criminal or Civil Cases of the Supreme Court of the Russian Federation;

3) the verdict, determination and resolution of the garrison military court, the cassation determination of the district (naval) military court - to the presidium of the district (Navy) military court if they were appealed in the supervisory order to the presidium of the district (Navy) military court; The verdict, determination and ruling of the district (naval) military court, if the specified court decisions were not subject to review by the Supreme Court of the Russian Federation in cassation order; Decree of the presidium of the district (naval) military court - to the Military Collegium of the Supreme Court of the Russian Federation;

4) the determination of the Cassation Collegium of the Supreme Court of the Russian Federation, the verdict and determination of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation or the Military Collegium of the Supreme Court of the Russian Federation, the decision of the judge of the Supreme Court of the Russian Federation to appoint a court session to the Presidium of the Supreme Court of the Russian Federation.

Judicial acts of arbitration courts in the Russian Federation can be reviewed by way of supervision by the Supreme Arbitration Court of the Russian Federation.

In the order of supervision, judicial acts are entitled to appeal against persons participating in the case and other persons if their rights and legal interests are violated by this judicial act. In the criminal procedure, the said right is possessed by: the suspect, the accused, the convicted, the acquitted, their defenders or legal representatives, the victim, his representative, and the prosecutor. The said persons file a supervisory review with the supervisory authority, a statement or representation on the review of the case in the order of supervision.

Supervisory complaint, application or presentation of the prosecutor must contain:

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

2) the name of the person filing the complaint,

Statement or representation, his place of residence or location and procedural position in the case;

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

4) data on the disputed act with indication of the name of the court that accepted it;

5) the arguments of the person challenging the judicial act, indicating the grounds for its revision with reference to laws and other normative legal acts that, in the applicant's opinion, confirm the violation or misuse of the rules of substantive or procedural law, which entailed significant violations of his rights and Legitimate interests;

6) the request of the person filing the complaint or presentation;

7) list of attached documents. The supervisory review of the accusatory

Verdict, as well as the ruling and decision of the court in connection with the need to apply the criminal law on a more serious crime, due to the mildness of the punishment or other grounds entailing a deterioration of the convicted person's situation, as well as the revision of the acquittal or the ruling or order of the court to terminate

Criminal case are not allowed (Article 405 of the Code of Criminal Procedure).

The supervisory complaint, the submission or the application is sent directly to the supervisory review court within a period equal to three months (in the arbitration process) or one year (in the civil process) from the date of entry into force of the judicial act adopted in the case, if other available possibilities have been exhausted To verify its legality in court. Supervisory complaint, submission and application are considered by the court of the supervisory authority within a month from the date of its receipt, and in the Supreme Court of the Russian Federation for not more than two months (clause 1, Article 381 of the RF Code of Civil Procedure).

In their consideration, the court determines whether there are grounds for reviewing the contested judicial act on the basis of the arguments contained in the application, complaint or presentation, as well as the content of the challenged judicial act.

Based on the results of the review of the supervisory complaint, application or submission, the judge issues a ruling or decision to refuse to meet them or initiate supervisory proceedings and the transfer of the supervisory complaint, application or presentation to

Consideration of the court of the supervisory authority together with the case, if it was claimed. The supervisory instance court shall send to the persons participating in the case copies of the court's decision to transfer the case for consideration to the supervisory instance court and a copy of the supervisory complaint, application or presentation of the prosecutor.

The case is reported by the member of the Presidium of the Supreme Court of the Republic, the regional or regional court, the court of the city of federal significance, the court of the autonomous region and the court of the autonomous region, the Presidium of the Supreme Court of the Russian Federation, and the judge of the Supreme Arbitration Court of the Russian Federation. The rapporteur sets out the circumstances of the case, the content of judicial acts adopted in the case, the motives of the complaint, the application or presentation of the prosecutor and the court's decision to initiate supervisory proceedings.

Persons participating in the case are entitled to give their oral explanations after the speech of the rapporteur-judge.

When considering a criminal case in supervisory proceedings, the court is not bound by the arguments of supervisory complaints or representations and has the right to verify all the proceedings in the criminal case in full. If several persons have been convicted in a criminal case, and supervisory complaints or

Representation brought only by one of them or in respect of some of them, then the supervisory instance court has the right to verify the criminal case against all convicts. The supervisory review court, when reviewing a criminal case in supervisory proceedings, can mitigate a punishment imposed on a convicted person or apply a criminal law on a less serious crime (Article 410 of the Code of Criminal Procedure of the Russian Federation).

As a result of the consideration of the case on the revision of the judicial act in the procedure of supervision, the court is entitled:

1) leave the impugned judicial act unchanged, and the complaint, application or presentation without satisfaction;

2) to revoke the judicial act in full or in part and to forward the case for new consideration to the court, whose judicial act is canceled or changed;

3) to revoke the judicial act in full or in part and to adopt a new judicial act if an error was made in the interpretation of the norms of substantive law;

4) cancel the judicial act, terminate the proceedings;

5) leave unchanged one of the earlier judicial acts. Definition

Or the resolution of the court of the supervisory instance comes into force from the date of its adoption.