Representation in the Supreme Court of the Russian Federation

Aug, 08 2021

Contents:

Supreme Court of the Russian Federation (SC RF) – is a judicial body of the highest instance for consideration of cases in any category civil, administrative, criminal and military. The peculiarity is expressed in the fact that the decisions and acts adopted by the Presidium cannot be appealed to any other judicial body, and the dispute that was heard by the panel of judges is not subject to appeal. 

Common and different in the consideration of cases in the Supreme Court of the Russian Federation.

For appeals to the Supreme Court of the Russian Federation there are two instances, whose duties include verification of the legitimacy and validity of judicial decisions through available means and methods. However, this is where their similarity ends. According to the Russian law, the cassation and control instances have different grounds for consideration and subsequent cancellation of the judicial acts passed by the lower courts. This is expressed in the fact that in order to examine an appeal filed, for example, in a civil or economic board, it will be necessary to collect substantial evidence of violations of certain procedural norms. The Presidium of the Supreme Court, in turn, deals exclusively with complaints related to violations of basic and inalienable human rights, as well as violations in court proceedings.

Consideration of a case in the Supreme Court is not available for every complaint. Statistics show that only a small percentage of them reach a review and positive decision. The verdict on the transfer of the complaint to this category is taken by the judge of the Supreme Court. Thus, out of hundreds of papers sent to the Supreme Court, dozens or even a few are actually accepted. As an example, the statistics for the year 2020 are

1. The Economic Collegium, which received about 33,470 complaints. Of this number, only 419 were brought to trial before the Supreme Court, which amounted to 1.2% of the total number and is a negligible figure in legal practice.

The most complete and detailed statistics can be gathered at http://vsrf.ru/documents/statistics/29716/ separately for each category.

The refusal of the panel to transfer the complaint for further consideration is not unambiguous, despite the above statistics regarding the bringing of cases to the appropriate instances. The decision of the panel of judges, if there is a complaint to the Chairman of the Supreme Court of the Russian Federation with its strong arguments can be challenged, the case will go for a second, more detailed examination before the final verdict is rendered.

What are the main deadlines for consideration of a dispute in the Supreme Court of the RF

The time within which a citizen or his official representative may file a complaint differs depending on the instance. According to the results of the complaint filed, a decision is made to transfer it for further consideration or to refuse. At the same time, the Chairman or his deputy, when receiving an appeal against the decision made by the Board may, after the cancellation of the last decision, study it for a long time.

Time limits for review

  1. Filing an appeal to the panel of the Supreme Court of the Russian Federation 2 months from the date of the verdict of the lower court, according to the APC RF, and 6 months, according to the CPC RF.
  2. Filing an appeal to the Presidium of the Supreme Court of the Russian Federation – 3 months from the moment the collegial verdict enters into legal force, according to the APC RF and the CPC RF.
  3. Filing a cassation appeal to the Chairman of the Supreme Court of the Russian Federation – 2 months, according to clause 1 of the Resolution of the Constitutional Court of the Russian Federation № 31-P of 12.07.2018.

A complaint sent to a panel or the Presidium of the Supreme Court has the same maximum allowable time for consideration before a final verdict 2 months. At the same time, in the case of reclamation of the case, the judge has the right to study the information on the complaint received for 3 months.

Peculiarities of representation

The filing of a cassation appeal and the documents offering on it takes place directly at the Supreme Court of the Russian Federation. It can be sent by mail, remotely through the use of the official website or through the chancellery Supreme Court of the Russian Federation. There is a separate portal for arbitration courts, “My Arbitrator”.

The complaint is filed on behalf of the complainant or an authorized person with a legal education. The representative is obliged to present a document confirming authority from hisher principal and a document certifying authority as proof of hisher status. This can be

  • a diploma of higher legal education;
  • a lawyer’s warrant if the representative acts as a lawyer.

Representation in the Supreme Court of the Russian Federation presupposes that the lawyer must have an appropriate education. The list of documents certifying qualification is determined by the Supreme Court Review No. 4 of December 25, 2019, according to which the representative must have one of the following documents a bachelor’s degree specialist, master’s degree, graduate school, candidate / doctor of science. 

Certification of certificates is mandatory. This can be done by the issuing institution/organization, the notary or the judge who is currently reviewing the complaint. Failure to certify the legality of a document can result in serious penalties, up to and including criminal charges.

Summarize

For all of the above, we can summarize as follows. Representation in the Supreme Court of the Russian Federation is characterized by higher requirements for qualification and practical experience of a lawyer providing services, which is due to the low percentage of cases after consideration for further study. Before drafting an appeal, an in-depth analysis of the case at the current stage of both state and international law is required. Having entrusted Representation in the Supreme Court of the Russian Federation to us, you can count on fast drafting of procedural documents and successful defense of your violated rights and interests in the Supreme Court of the Russian Federation by our lawyers.

Author of the article
Representation in the Supreme Court of the Russian Federation
Valentina Khlavich
Managing Partner
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