deadline for supervisory review
supervisory authority is entitled to appeal against the decisions taken by the court of cassation.Therefore, if you do not have time to submit in due time an appeal, it should still apply for the restoration of the missed deadline and examine the case first to the Court of Cassation.There are precedents, when applying for review of the decision in the exercise of supervisory powers the Supreme Arbitration Court of the Russian Federation redirect the case to the court of cassation.
Lawyers advised to check the terms of filing a lawsuit in Sec. 3 st.292 Administrative Procedure Code, as recently they h
ave been adjusted several times. In the case when the decision came into force the Court of Cassation, you need to have time to apply for a review of the supervisory review within 3 months from the date of this decision.
How to make an application for revision of a judgment by way of supervisory
When writing the address of the applicant must take into account the location of the court of cassation, to choose the right one judicial authority to which you send a complaint.In general, her target is the Supreme Arbitration Court of the Russian Federation, whose address it, and must be submitted.In this part of the application must be indicated Jurisdiction and venue, as well as listing all stakeholders with their contact details.
Outlining the essence of the case, be sure to list all the decisions taken at previous court cases and not only those that you are going to appeal.It should be noted that the powers of the supervisory authority is to monitor compliance.Therefore, these solutions need to bring a reference to the laws and the rule of law, which would have served as convincing evidence that the contested decisions were taken by you in violation of these laws and regulations.If you as a legal entity in the state do not have a lawyer, he does not stop to consult a competent expert who knows all the existing legal instruments. One of these reasons, and you must specify in its request to appeal the earlier court decisions.
grounds for cancellation of the decisions that you wish to appeal, can be:
- misinterpretation of arbitration courts of previous instances of the law;
- a violation of the rights and freedoms attached as international law and international agreements of the Russian Federation;
- a violation of the rights and interests of undetermined groups of individuals or other interests that are public.