You lost the case in the district court, then filed a cassation appeal, but it was rejected in the court of 2 instances. However, this has not stopped you, and you are still determined to make justice prevail. A supervisory complaint must be filed.
Instructions
Step 1
To file a supervisory complaint, you must have a basis for this - the admission by the court of a significant violation of the law, namely:
- the court has not applied the applicable law;
- the court applied an unapplicable law;
- the law was misinterpreted by the court;
- the case was considered without the presence of one or more persons who participated in the case, but were not notified in time about the time and place of the court session.
Step 2
According to article 376 of the Code of Civil Procedure of the Russian Federation, part 2, a court decision can be appealed in a supervisory court if no more than six months have passed from the date of its (resolution) entry into force. If this deadline has not been met for a good reason, it can be restored by submitting an application to the court that considered the case of the first instance.
Step 3
One more nuance: you cannot file a supervisory appeal if the court decision has not previously been appealed in cassation. In addition, it is necessary to pay the state fee when filing a supervisory complaint, which currently amounts to 200 rubles.
Step 4
Find a sample of a supervisory complaint on the Internet, write on its basis your own complaint and send it by registered mail with notification of receipt to the supervisory instance court: Presidium of the court of the subject of the Federation where your case was considered. Then, in turn, there are the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation and the Presidium of the Supreme Court of Russia.
Step 5
In the complaint, it is imperative to indicate what exactly is a significant violation of the law committed by the courts of first and second instance, provide appropriate references to the law. Attach to your complaint copies of court decisions on the case, certified by the court (most often this is a decision of a district court, as well as a cassation ruling), and a receipt for payment of the state fee.
Step 6
According to part 7 of Article 378 of the Code of Civil Procedure of the Russian Federation, a supervisory complaint should be filed with copies, the number of which should be equal to the number of persons who are involved in the case. If, for example, in your case there were two defendants, four third parties and one prosecutor, there should be only 8 copies - of which 1 is the original and 7 copies.
