Sample of a supervisory complaint on an administrative offense. Deadline for filing a supervisory appeal in an administrative case

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Samples of complaints in an administrative case to the Supreme Court of the Russian Federation

ATTENTION! View the completed sample of the appeal to the Supreme Court of the Russian Federation in an administrative case:

You can DOWNLOAD samples of complaints to the Supreme Court of the Russian Federation using the links below:

Grounds for applying to the Supreme Court

According to statistics, 50% of citizens are not satisfied with the decision made by a special body. It seems unreasonable and illegal. In this case, the decision is appealed to a higher court.
There can be only a few reasons for a person to appeal a decision to the Supreme Court.

We list the main ones:

the presented evidence is false or illegally obtained;
witnesses are caught or suspected of perjury;
considered only part of the circumstances of the case;
ignorance of the judge in the case materials;
negative attitude towards the defendant during the meeting. Ignoring testimony confirming innocence;
violation of laws during the process;
the presence of inaccuracies and different testimony during the proceedings.

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Appeals in administrative cases

The decision on the administrative case comes into force after:

1 month - in the general order of consideration;
15 days - in a simplified procedure for consideration.

The complaint is filed during this period of time, that is, before the entry into force of the decision. The sooner this is done, the better.
Article 298 of the "Code of Administrative Procedure" provides for a number of exceptions with other terms. For example, cases on the placement of foreign citizens in a special institution are filed within 10 days from the date of consideration by the relevant authority.

Attention! If the deadline for filing a complaint has expired, do not despair. An application for an extension of time must be attached to the application. In addition, directly in the body of the text, you can indicate a request to provide the possibility of a statement with a missed time frame. The court has the right to return the complaint to the applicant in the absence of clarifications on the extension.

The complaint is considered by the general composition of the court in accordance with the norms of the law. The plaintiff, defendant, third parties are notified of the results.

This document is being studied by the Supreme Court of the Russian Federation for about 3 months from the date of receipt. The remaining courts consider such papers in administrative cases within 2 months.

The process itself takes place in a collegial manner, that is, in the composition of three judges. The event is presided over by the Chief Justice. Additional and new evidence can be difficult to present. It is necessary to prove the impossibility of submitting them to the court of first instance.

A citizen has the right to file complaints on behalf of a representative. In this case, his contact information must be indicated. In addition, third parties, that is, people whose rights were also infringed by the unfair decision of the authority, may participate in the process.

Please note! The appeal must include the following information:

the full name of the Supreme Court and its address;
surname, name, fatherland and current place of residence. If the appeal is made by a citizen without a fixed place of residence, this information is indicated;
contact details of the defendants (name and address);
information about the judicial body that considered the case earlier. If it is an organization, the location is indicated;
list the requirements in detail. The applicant is obliged to indicate the reasons for the complaint, articles of legislative acts confirming the existence of a violated right. You also need to briefly list all the evidence and arguments in favor of your own position.

In the final part, be sure to indicate the desired fate of the decision:

cancel;
change in whole or in part;
reconsider the case;
publish new.

In the CAS of Russia, namely in Article 310, all the reasons for canceling the court are listed. They need to be studied if you count on such a result. The main evidence and copies of the attached documents remain in the annex. At the end, the applicant's signature is put. If the citizen has a representative, a power of attorney is attached.

The number of copies depends on the number of persons in the proceedings. Court costs are paid by the applicant out of his own pocket.

Watch the video. Appeal of court decisions:

Cassation appeal

This procedure exists for the consideration of decisions that have passed the stage of appeal.

The complaint must be filed within 6 months from the date of the first decision in the case.

If the deadline has been missed, the paper is submitted with an attached application for a missed deadline. A person must have a good reason for such treatment. For example, treatment in a hospital or military service. In support of the application, special documents are attached, for example, a certificate from a medical institution.

The right of cassation is enjoyed by participants in the appeal proceedings and other persons whose rights are infringed. The second category of citizens has the opportunity to file a complaint of this category only in cases where the prosecutor was present at the previous process.

Usually cassation appeals are submitted to the Presidium of the court. However, if the judge considering the appeal makes an unmotivated decision that contradicts the letter of the law and does not suit the citizen, then it is necessary to apply to the Judicial Collegium of the Supreme Court of the Russian Federation. The content of this complaint is virtually identical to the appeal.

You must specify:

the name of the body and its address;
own contact details and information about other participants in the process;
the body that considered the case earlier;
basic information about the case;
attach evidence and copies of documents.

You must also provide a copy of the previous judgment. It won't be hard to get it. All you need to do is contact the office. They will quickly find the necessary document and give it for use for their own purposes.

The citizen is obliged to pay the state fee, which compensates for legal costs.

The complaint is considered by the Supreme Court within:

2 months if the case is not claimed;
3 months if the case was claimed.

Please note! Sometimes the court is entitled to extend the term for the consideration of the case if it is complex. The term cannot be extended by more than two months.

After consideration of the complaint, the case is either sent for examination by the court, or returned to the applicant. Cassation is studied collegially by a larger number of votes. Participants must be notified of the process.

After examining the evidence provided, the court makes one of the following decisions:

ignore the complaint, do not change the judicial act;
cancel the decision or part of it and send the case for a new trial;
cancel only some of the acts issued by the court;
do not consider the complaint if there are certain errors in the preparation of the document. A complete list of reasons can be found in Article 321 of the CAS of Russia.

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Appeal in administrative cases in the order of supervision

A person may remain dissatisfied with the results of the appeal and cassation. In this case, it is necessary to resort to a supervisory procedure. A separate chapter of the CAS of the Russian Federation is dedicated to him. The complaint is submitted to the Presidium of the Supreme Court of the Russian Federation by the participants in the case and third parties.

Important! The deadline for submission is 3 months from the date of the last decision. It is recommended not to shelve it, otherwise you can miss the deadline without a good reason.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Learn more here.

Significant reasons include:

violation of constitutional human rights. Most often, the dignity of the individual is violated, that is, the citizen is attacked and slandered by incompetent arbitrators of justice;
violation of the public interests of persons;
perhaps an appeal to the norms of the law;
incompetence of the authorities in matters of judicial process.

It is better to cite separate quotations from previous proceedings confirming the existence of a violation. The fee is calculated in accordance with the Tax Code. For the most part, it is related to the complexity of the process.

A complaint to the Supreme Court of the Russian Federation in an administrative case is capable of correcting a miscarriage of justice. Judicial decisions adopted by lower courts are not always fair and infallible. No one is protected from such situations in the case of proceedings related to administrative matters. How to achieve justice if the verdict has already been passed? There is a way out - a complaint to the Supreme Court in an administrative case, filed by way of supervision. Our administrative lawyer will advise on this issue, draw up a complaint, and also help in the procedure, administrative appeal with us - professionally and in the shortest possible time.

When can I file a complaint with the Supreme Court of the Russian Federation?

There are several different situations that allow you to start an appeal against a previously accepted verdict. But there must be good reasons for this. Otherwise, the judge will not accept this appeal. In the case when a complaint is filed with the Chairman of the Supreme Court of the Russian Federation in an administrative case, you need to make sure of the following points:

An administrative complaint may be filed with the Supreme Court regardless of the verdict. It can be provided by the injured parties, defenders-representatives, persons in respect of whom the case is being considered. Our legal education always emphasizes the advantages of a referral when compared to self-defense.

Deadlines for filing a complaint

Appealing administrative cases through administrative protection of rights is termless. Consideration of claims is carried out within 2-3 months from the date of filing. In some cases, the deadline may be extended. The period can be extended by no more than 60 days.

How to file an administrative complaint to the Supreme Court of the Russian Federation?

A sample complaint to the Supreme Court of the Russian Federation for Administrative Cases, which can be found on specialized resources, will help to correctly draw up a document, but it should always be borne in mind that these samples do not reveal all the subtleties of an individual situation.

When writing a complaint, you must provide the following information:

the name of the authority to which the complaint is addressed;
information about the applicant and other participants in the case under consideration;
information about the earlier decision and the results of its consideration;
a description of the circumstances giving rise to the complaint;
an indication of all the materials of the case on an administrative dispute;
date of preparation of the document and signature of the applicant.

The complaint must necessarily be backed up in the form of copies of decisions, verdicts, protests and other documents relating to the relevant administrative case.

Attention: watch the video on the protection of rights in administrative cases, and also subscribe to our channelYouTubeto find out the advice of a lawyer and receive a free consultation from a Yekaterinburg lawyer through comments on the video.

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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:

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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 Court Division, 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, to cancel a specific judicial act, end court proceedings, etc.
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 issued 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, 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 is found in, and not 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 informed about 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 definitely be considered within the framework of a court session. The resolution may be reviewed after the corresponding decision of the deputy supervisory authority.

If a citizen is not satisfied with the decision of a lower court, the judicial act may be reviewed. For this purpose, a supervisory complaint is filed.

Grounds for filing a supervisory appeal

A supervisory appeal in an administrative case must be substantiated, otherwise it will not be considered. The grounds for its presentation are as follows:

not all the evidence base in the case was considered - for example, the court rejected the request for the reclamation of certificates;
the judge did not take into account all the circumstances;
during the proceedings and during the adoption of the conclusion, legislative norms were violated;
witnesses provided false testimony - this fact will have to be proven;
The decision was made based on the position of officials.

These are the main reasons, other situations are allowed.

Important! Any person who took part in the court session and whose rights were violated has the right to submit a document.

to a higher authority

Where to file a complaint (supreme court, regional, etc. - how to choose which one)? Initially, the document is submitted to the regional court. If after that there were no results, they turn to the Supreme.

Deadlines for filing a supervisory appeal in an administrative case

The VJ must be submitted before 3 months have elapsed from the date of acquisition of the conclusion of legal force. This period is indicated in the document itself.

The missed deadline for filing general administrative complaints may be restored at the request of the applicant. But in the event that the circumstances of the omission occurred within a period of 1 year from the date of entry into force of the contested decision. The reason for the absence must be valid - a serious illness, a long business trip, etc.

Note! This period ends on the day of the last month. It is not considered missed if the applicant managed to submit a letter of complaint before midnight of the last day.

How to file a complaint, rules

Before filing a supervisory appeal, it is necessary to go through the procedure for considering an appeal and cassation. When preparing an appeal, you should adhere to the following drafting rules:

be sure to indicate your own data and signature - the lack of information about the applicant or his signature becomes the reason for refusal to accept the document;
the grounds must be clear - unnecessary emotions are unacceptable, the presentation of the grounds must be consistent, the essence of the claim must be clear;
the requirements must be specific - the pleading part must indicate the requirement to "cancel" or "change" the decision;
if possible, make reference to legislative acts - this is not necessary, but will simplify the review process;
circumstances must be documented.

Certificates must accompany the ID - a copy of the complaint and the court decision (certified). If the applicant acts through a representative, a power of attorney is presented.

Note! A supervisory appeal is filed only against decisions that have entered into force.

There is no state duty for consideration of a complaint to the Supreme Court of the Russian Federation on administrative offenses.

Sample of a supervisory complaint in an administrative case

The regulated form of the form has not been developed. It is drawn up in a free form, but the legislation establishes what information should be indicated in the complaint. In accordance with Article 308.2 of the APC, a supervisory complaint must contain the following information:

the full name of the court and the personal details of the chief judge;
personal and contact details of the applicant, as well as all those involved in the proceedings;
the name of the courts that heard the case;
their decisions;
the subject of the dispute;
grounds for revision;
the applicant's comments;
list of attached documents.

A complaint to the Supreme Court in an administrative case, a sample of which can be viewed at the link, is signed personally by the applicant or his representative. In the second case, a power of attorney to represent interests is required.

Difficulties in the preparation of AJ should not arise - this is the simplest and least costly way to protect the rights and interests of a person. If difficulties arise, it is recommended to contact professional lawyers who will correctly determine jurisdiction and draw up a complaint so that it is accepted and approved.

What should a petition contain?

The term for consideration of a supervisory appeal in an administrative case

The period of consideration of the NJ is regulated by law. If the materials on the case are not requested, the complaint must be studied within 1 month from the date of transfer to the court. If the materials are requested, the period is extended to two months. The time of requesting the case and its delivery to the court are not taken into account. Also, the period can be extended if the case is complex.

Review results

The procedure for analyzing the petition is provided for by the Civil Procedure Code of Russia. The representative of the law analyzes the application and the attached documentation, makes a conclusion.

Based on the results of consideration of the appeal, the court has the right to make one of the following decisions:

do not consider the complaint, leave the court decision unchanged;
completely or partially cancel the decision, send it back for study;
cancel the court act and stop business proceedings;
make changes to one or more acts.

Article 379 of the Code of Criminal Procedure of the Russian Federation contains a list of reasons why the decision of a lower court will be canceled:

violation of criminal procedure legislation;
the article referred to by the representative of the law is misinterpreted;
the conclusion is unfair;
the circumstances of the fact do not coincide with the conclusions set out in the verdict.

The supervisory service is the final stage in the issue of contesting a court decision. In the future, it is allowed to appeal only in the international service or on new circumstances.

The order of consideration of the document

Thus, filing a complaint with the court makes it possible to cancel the decision and its consequences. However, case studies show that the supervisory authority rarely issues an act of repeal.

Code of Administrative Procedure of the Russian Federation
(extract)

Article 45. Rights and obligations of persons participating in a case

2. An administrative statement of claim, statement, complaint, presentation and other documents may be filed to the court on paper or in electronic form, including in the form of an electronic document signed with an electronic signature in okay established by the legislation of the Russian Federation, by filling out a form posted on the official website of the court in the information and telecommunications network "Internet".

Chapter 12. PRESENTATION OF AN ADMINISTRATIVE STATEMENT

Article 124. Administrative statement of claim

1. An administrative statement of claim may contain requirements:

1) on declaring a normative legal act adopted by the administrative defendant as invalid in full or in part;

2) on declaring illegal in whole or in part the decision taken by the administrative defendant, or the action (inaction) committed by him;

3) on the obligation of the administrative defendant to make a decision on a specific issue or to take certain actions in order to eliminate the committed violations of the rights, freedoms and legitimate interests of the administrative plaintiff;

4) on the obligation of the administrative defendant to refrain from performing certain actions;

5) on establishing the presence or absence of authority to resolve a specific issue by a state authority, local government, other body, organization endowed with separate state or other public powers, an official.

2. An administrative statement of claim may contain other requirements aimed at protecting the rights, freedoms and legitimate interests in the field of public legal relations.

Article 125. Form and content of an administrative statement of claim

1. An administrative statement of claim shall be filed with the court in writing in a legible form and signed with the date of signing by the administrative plaintiff and (or) his representative, if the latter has the authority to sign such an application and present it to the court.

2. Unless otherwise established by this Code, an administrative statement of claim must contain:

1) the name of the court to which the administrative claim is filed;

2) the name of the administrative plaintiff, if the administrative plaintiff is a body, organization or official, their location, for the organization also information about its state registration; last name, first name and patronymic of the administrative plaintiff, if the administrative plaintiff is a citizen, his place of residence or place of stay, date and place of his birth, information on higher legal education if he intends to personally conduct an administrative case, in which this Code provides for the mandatory participation of a representative; the name or surname, name and patronymic of the representative, his postal address, information on higher legal education, if the administrative statement of claim is filed by the representative; phone numbers, fax numbers, e-mail addresses of the administrative plaintiff, his representative;

3) the name of the administrative respondent, if the administrative respondent is a body, organization or official, their location, for an organization and an individual entrepreneur, also information about their state registration (if known); surname, name, patronymic of the administrative defendant, if the administrative defendant is a citizen, his place of residence or place of stay, date and place of his birth (if known); phone numbers, fax numbers, e-mail addresses of the administrative defendant (if known);

4) information about what rights, freedoms and legitimate interests of the person who applied to the court, or other persons in whose interests the administrative claim is filed, are violated, or about the reasons that may entail their violation;

6) information on compliance with the pre-trial procedure for resolving the dispute, if this procedure is established by the federal by law;

7) information about filing a complaint in the order of subordination and the results of its consideration, provided that such a complaint was filed;

8) other information in cases where their indication is provided for by the provisions of this Code, which determine the specifics of proceedings in certain categories of administrative cases;

9) a list of documents attached to the administrative statement of claim.

3. An administrative statement of claim filed in defense of the rights, freedoms and legitimate interests of a group of persons must indicate what the violation of their rights, freedoms and legitimate interests consists of.

4. In an administrative statement of claim, the administrative plaintiff cites evidence that is known to him and which can be used by the court in establishing the circumstances that are important for the correct consideration and resolution of the administrative case.

5. In an administrative statement of claim, the administrative plaintiff may state his petitions.

6. An administrative statement of claim, which is filed by the prosecutor or persons specified in article 40 of this Code, must comply with the requirements provided for paragraphs 1 - 5, 8 and 9 of part 2 of this article. If the prosecutor appeals to protect the rights, freedoms and legitimate interests of a citizen, the administrative statement of claim must also indicate the reasons that exclude the possibility of filing an administrative statement of claim by the citizen himself.

7. An administrative plaintiff who does not have state or other public powers may send to other persons participating in the case copies of the administrative statement of claim and the documents attached to it, which they do not have, by registered mail with a return receipt or in another way that allows the court to verify in receipt by the addressee of copies of the application and documents. The administrative plaintiff, who has state or other public powers, is obliged to send to other persons participating in the case, copies of the administrative statement of claim and the documents attached to it, which they do not have, by registered mail with acknowledgment of receipt, or ensure the transfer of copies of these statements and documents to the indicated persons in another way, allowing the court to verify that they have been received by the addressee.

8. An administrative claim may also be filed to the court by filling out a form posted on the official website of the relevant court on the Internet information and telecommunication network.

9. An administrative statement of claim, filed by filling out a form posted on the official website of the court on the Internet information and telecommunication network, containing a petition for the application of preliminary protection measures for an administrative claim, is signed with an enhanced qualified electronic signature in okay established by the legislation of the Russian Federation.

Article 126. Documents attached to an administrative statement of claim

1. Unless otherwise established by this Code, the administrative statement of claim shall be accompanied by:

1) notifications of delivery or other documents confirming delivery to other persons participating in the case, sent in accordance withpart 7 of Article 125of this Code, copies of the administrative statement of claim and the documents attached to it, which they do not have. If copies of the administrative statement of claim and the documents attached to it were not sent to other persons participating in the case, copies of the statement and documents in the amount corresponding to the number of administrative defendants and interested persons, and if necessary, also copies for the prosecutor;

2) a document confirming the payment of the state fee in the prescribed manner and amount, or the right to receive benefits in the payment of the state fee, or a petition for a deferment, installment plan, reduction of the state fee with documents evidencing the existence of grounds for this;

3) documents confirming the circumstances on which the administrative plaintiff bases his claims, provided that the administrative plaintiff in this category of administrative cases is not exempted from proving any of these circumstances;

4) a document confirming that a citizen who is an administrative plaintiff and intends to personally conduct an administrative case, for which this Code provides for the mandatory participation of a representative, has a higher legal education;

5) power of attorney or other documents certifying the powers of the representative of the administrative plaintiff, a document confirming that the representative has a higher legal education, if the administrative claim is filed by a representative;

6) documents confirming the observance by the administrative plaintiff of the pre-trial procedure for the settlement of administrative disputes, if this procedure is established by the federal law , or documents containing information about the complaint filed in the order of subordination and the results of its consideration, provided that such a complaint was filed;

7) other documents in cases where their application is provided for by the provisions of this Code, which determine the specifics of proceedings in certain categories of administrative cases.

2. Documents attached to an administrative statement of claim may be submitted to the court in electronic form.

Chapter 21. ADMINISTRATIVE PROCEEDINGS
CASES ON CHALLENGING NORMATIVE LEGAL ACTS
AND ACTS CONTAINING EXPLANATION OF THE LEGISLATION
AND POSSESSING NORMATIVE PROPERTIES

Article 208

1. An administrative statement of claim for the recognition of a normative legal act as invalid in full or in part may be filed by the persons in respect of which this act has been applied, as well as by the persons who are subjects of relations regulated by the contested normative legal act, if they believe that this act violated or violated their rights, freedoms and legitimate interests.

2. A public association has the right to apply to the court with an administrative statement of claim for the recognition of a normative legal act as invalid in whole or in part in defense of the rights, freedoms and legitimate interests of all members of this public association, if this is provided for by federal law.

3. An administrative statement of claim for the recognition of a normative legal act, including one adopted by a referendum of a subject of the Russian Federation or a local referendum that is not fully or partially in force, may be filed with the court by a prosecutor within his competence, as well as the President of the Russian Federation, the Government of the Russian Federation, legislative (representative) body of state power of a constituent entity of the Russian Federation, the highest official of a constituent entity of the Russian Federation (head of the highest executive body of state power of a constituent entity of the Russian Federation), a local self-government body, the head of a municipality, who believe that the adopted regulatory legal act does not comply with another regulatory legal act which has great legal force, violates their competence or the rights, freedoms and legitimate interests of citizens.

4. The Central Election Commission of the Russian Federation, the election commission of a constituent entity of the Russian Federation, the election commission of a municipal formation may also apply with an administrative claim for recognition of a regulatory legal act on the implementation of electoral rights and the right to participate in a referendum of citizens of the Russian Federation as not fully or partially valid. who believe that the contested normative legal act does not comply with another normative legal act that has greater legal force, violates the electoral rights or the right to participate in a referendum of citizens of the Russian Federation, or the competence of the election commission.

5. Administrative statements of claim for the recognition of normative legal acts as invalid in the manner prescribed by this Code are not subject to consideration in court if the verification of the constitutionality of these legal acts in accordance with constitution of the Russian Federation, federal constitutional laws and federal laws are within the competence of the Constitutional Court of the Russian Federation, constitutional (charter) courts of the constituent entities of the Russian Federation.

6. An administrative statement of claim for the recognition of a normative legal act as invalid may be filed with the court during the entire period of validity of this normative legal act.

7. An administrative statement of claim for recognizing the law of a constituent entity of the Russian Federation on the dissolution of the representative body of a municipal formation as invalid may be filed with the court within ten days from the date of adoption of the relevant regulatory legal act.

8. In cases of contesting normative legal acts, the court cannot accept counter administrative claims.

9. When considering administrative cases on challenging normative legal acts in the supreme court of the republic, the regional court, the court of the city of federal significance, the court of the autonomous region, the court of the autonomous district, in the Supreme Court of the Russian Federation, citizens participating in the case and not having a higher legal education , conduct business through representatives who meet the requirements stipulated article 55 of this Code.

Article 209

2. In an administrative statement of claim to challenge a normative legal act, the following must be indicated:

1) information provided for paragraphs 1, 2, 4 and 8 of part 2 and part 6 of Article 125of this Code;

2) the name of the state authority, local self-government body, other body, authorized organization, official that adopted the contested normative legal act;

3) name, number, date of adoption of the disputed normative legal act, source and date of its publication;

4) information about the application of the contested regulatory legal act to the administrative plaintiff or about the fact that the administrative plaintiff is the subject of relations regulated by this act;

5) information about what rights, freedoms and legitimate interests of the person applying to the court are violated, and when such an application is submitted by organizations and persons specified in parts 2, 3 and 4 of Article 208 of this Code, what rights, freedoms and legitimate interests of other persons, in whose interests an administrative claim is filed, are violated, or that there is a real threat of their violation;

6) the name and individual provisions of the normative legal act, which has greater legal force and for the compliance with which the disputed normative legal act must be checked in whole or in part;

7) petitions due to the impossibility of attaching any documents from among those specified in parts 3 of this article;

8) a demand to declare the disputed normative legal act invalid, indicating non-compliance with the legislation of the Russian Federation of the entire normative legal act or its individual provisions.

3. The documents specified in the paragraphs 1, 2, 4 and 5 parts 1 article 126of this Code, documents confirming the information specified in paragraph 4 of part 2 of this article, as well as a copy of the disputed normative legal act.

Chapter 22. PROCEEDINGS ON ADMINISTRATIVE CASES
ON CHALLENGING DECISIONS, ACTIONS (INACTION) OF STATE AUTHORITIES, LOCAL SELF-GOVERNMENT BODIES, OTHER BODIES, ORGANIZATIONS ENDOWED WITH CERTAIN STATE OR OTHER PUBLIC POWERS, OFFICIALS AND STATE OFFICIALS

Article 218 statement of claim

1. A citizen, organization, other persons may apply to the court with claims to challenge decisions, actions (inaction) of a state authority, local government, other body, organization, endowed with certain state or other public powers (including decisions, actions (inaction) qualification board of judges, examination commission), an official, a state or municipal employee (hereinafter referred to as a body, organization, person endowed with state or other public powers), if they believe that their rights, freedoms and legitimate interests have been violated or contested, obstacles have been created to exercise of their rights, freedoms and legitimate interests, or they are unlawfully assigned any duties. A citizen, organization, other persons may apply directly to the court or challenge the decisions, actions (inaction) of a body, organization, person endowed with state or other public powers, to a higher authority, organization, to a higher-ranking person, or use other out-of-court dispute resolution procedures.

2. If it is provided for by federal law, a public association has the right to apply to the court with a demand to challenge decisions, actions (inaction) of a body, organization, person vested with state or other public powers, if it believes that rights, freedoms have been violated or contested. and the legitimate interests of all members of this public association, obstacles have been created to the exercise of their rights, freedoms and the realization of legitimate interests, or any duties have been unlawfully imposed on them.

3. In the event that the federal law obligatory observance of the pre-trial procedure for resolving administrative disputes has been established; going to court is possible only after this procedure has been observed.

4. In the cases provided for by this Code, public authorities, the Commissioner for Human Rights in the Russian Federation, the Commissioner for Human Rights in a constituent entity of the Russian Federation, other bodies, organizations and persons, as well as the prosecutor, within their competence, may apply to the court with administrative statements of claim on the recognition of illegal decisions, actions (inaction) of bodies, organizations, persons endowed with state or other public powers, in defense of the rights, freedoms and legitimate interests of other persons, if it is believed that the contested decisions, actions (inaction) do not comply with the normative legal act, violate the rights, freedoms and legitimate interests of citizens, organizations, other persons, create obstacles to the exercise of their rights, freedoms and legitimate interests, or they are illegally assigned any duties.

5. Administrative statements of claim are filed with the court in accordance with the rules of jurisdiction established by chapter 2 of this Code.

6. Not subject to consideration in the manner prescribed by this Code, administrative statements of claim on the recognition of illegal decisions, actions (inaction) of bodies, organizations, persons endowed with state or other public powers, in cases where the verification of the legality of such decisions, actions (inaction) carried out in a different way.

Article 220

1. The form of an administrative statement of claim must comply with the requirements provided for by parts 1, 8 and 9 of Article 125 of this Code.

2. In an administrative statement of claim on the recognition of illegal decisions, actions (inaction) of a body, organization, person endowed with state or other public powers, the following must be indicated:

1) information provided for paragraphs 1, 2, 8 and 9 of part 2 and part 6 of Article 125of this Code;

2) a body, organization, person endowed with state or other public powers and who made the contested decision or committed the contested action (inaction);

3) name, number, date of the disputed decision, date and place of the disputed action (inaction);

4) information about what the disputed inaction consists of (a body, organization, person endowed with state or other public powers evades making any decisions or taking any actions in accordance with the duties assigned in accordance with the procedure established by law);

5) other known data in relation to the contested decision, action (omission). In case of challenging the decision, action (inaction) of the bailiff, such data shall include known information about the executive document, in connection with the execution of which the decision, action (inaction), and enforcement proceedings are contested;

6) information about the rights, freedoms and legitimate interests of the administrative plaintiff, which, in his opinion, are violated by the contested decision, action (inaction), and in the case of filing an application by the prosecutor or specified in article 40 of this Code by persons - on the rights, freedoms and legitimate interests of other persons;

7) normative legal acts and their provisions, for compliance with which the challenged decision, action (inaction) must be checked;

8) information about the impossibility of attaching to the administrative statement of claim any documents from among those specified in parts 3 of this article and related petitions;

9) information on whether a complaint was filed with a higher authority in the order of subordination or a complaint in the order of subordination on the same subject, which is indicated in the administrative statement of claim being filed. If such a complaint was filed, the date of its filing, the result of its consideration are indicated;

10) the requirement to recognize as illegal a decision, action (inaction) of a body, organization, person endowed with state or other public powers.

3. An administrative statement of claim on recognizing illegal a decision, action (inaction) of a body, organization, person endowed with state or other public powers shall be accompanied by the documents specified in part 1 of article 126 of this Code, as well as a copy of the response from a higher authority in the order of subordination or from a higher authority in the order of subordination of a person, if such a body or person considered a complaint on the same subject as specified in the administrative claim filed.

Chapter 23

Article 231

1. In a complaint (appeal) filed with the Disciplinary Board, the following must be indicated:

1) the Disciplinary Board as a body to which a complaint (appeal) is filed;

2) the person filing the complaint (appeal), his postal address, e-mail address (if any) for sending postal correspondence, telephone number;

3) the decision with which the administrative plaintiff does not agree, as well as the name of the qualification board of judges that made this decision;

4) a request addressed to the Disciplinary Board;

5) the circumstances on which the administrative plaintiff bases his claims and the evidence confirming these circumstances;

6) information about the representative;

7) a list of documents attached to the application.

2. The complaint (appeal) may also contain other information that can be used to send correspondence.

Chapter 26. ADMINISTRATIVE PROCEEDINGS
CASES ON AWARDING COMPENSATION FOR VIOLATION OF THE RIGHT TO PROCEEDINGS WITHIN A REASONABLE TIME OR THE RIGHT TO ENFORCEMENT OF A JUDICIAL ACT WITHIN A REASONABLE TIME

Article 252

1. The form of an administrative statement of claim for awarding compensation for violation of the right to legal proceedings within a reasonable time or the right to execution of a judicial act within a reasonable time must comply with the requirements provided for by parts 1, 8 and 9 of Article 125 of this Code.

2. In an administrative statement of claim for the award of compensation, the following must be indicated:

1) the name of the court to which the administrative claim for compensation is filed;

2) the name of the person filing the administrative claim for compensation, indicating his procedural status, location or place of residence, the name of the defendant and other persons participating in the case, their location or place of residence;

3) information about the judicial acts adopted in the case, the names of the courts that considered the case, the subject of the dispute or the circumstances that became the basis for initiating a criminal case, information about the acts and actions of the body, organization or official, which are entrusted with the obligation to execute judicial acts;

4) the total duration of legal proceedings in the case considered by the court, calculated from the day the application, statement of claim or administrative statement of claim is received by the court of first instance until the day the last judicial act on the civil or administrative case is adopted or from the moment the criminal prosecution begins until the moment the criminal prosecution is terminated, or issuance of a guilty verdict, the total duration of the application of a measure of procedural coercion in the form of seizure of property in the course of criminal proceedings or the total duration of proceedings for the execution of a judicial act;

5) the total duration of pre-trial proceedings in a criminal case, in which a decision was made to suspend the preliminary investigation due to the failure to identify the person to be brought as an accused, calculated from the date of filing an application, reporting a crime until the day a decision was made to suspend the preliminary investigation in a criminal case on the basis indicated;

5.1) the total duration of pre-trial proceedings in a criminal case in which, due to the expiration of the limitation period for criminal prosecution, a decision was made to refuse to initiate a criminal case or a decision to terminate the criminal case, calculated from the date of filing an application, reporting a crime until the day the said decisions are made;

6) circumstances known to the person filing an administrative claim for compensation and affecting the duration of legal proceedings in the case or the duration of the execution of judicial acts;

7) arguments of the person filing an administrative claim for compensation, indicating the grounds for awarding compensation and its amount;

8) circumstances known to the person filing an administrative claim for compensation and testifying to the inaction of the prosecutor, the head of the investigative body, the investigator, the body of inquiry, the head of the inquiry unit, the interrogating officer by violating the procedure established by the criminal procedural legislation of the Russian Federation for considering an application, notification of a crime, including in connection with the repeated or untimely cancellation of a decision to refuse to initiate a criminal case or a decision to initiate a criminal case, or the suspension of a preliminary investigation in a criminal case due to the failure to identify a person to be charged as an accused in a crime, or the termination criminal case or criminal prosecution, or about the insufficiency, untimeliness or ineffectiveness of the measures taken by the body conducting the preliminary investigation of the criminal case to identify the person subject to treatment as a suspect accused of committing a crime;

9) the consequences of violation of the right to legal proceedings within a reasonable time or the right to enforcement of a judicial act within a reasonable time and their significance for the person filing the administrative claim;

10) details of the bank account of the person filing the administrative claim, to which the funds subject to collection must be transferred;

11) a list of documents attached to the administrative statement of claim.

3. An administrative claim for compensation shall be accompanied by the documents specified in paragraphs 2 and 4 parts 1 article 126of this Code.

Chapter 27. PROCEEDINGS ON ADMINISTRATIVE CASES
On the suspension of activities or liquidation of the political party, its regional branch or other structural unit, other public association, religious and other non -profit organization, or on the ban on the activities of a public association or religious organization that are not legal entities, or on the termination of the work of the media

Article 262 mass media

1. An administrative statement of claim on the suspension or liquidation of a political party, its regional branch or other structural subdivision, another public association, religious and other non-profit organization, or on the prohibition of the activities of a public association or religious organization that are not legal entities, or on the termination of activities mass media (hereinafter referred to as an administrative statement of claim on suspension of activities) may be filed by bodies and officials authorized by federal law to exercise control over the activities of the said organization, association or mass media.

2. An administrative statement of claim for the suspension of activities is filed with the court in accordance with the rules of jurisdiction established by chapter 2 of this Code.

3. An administrative statement of claim on the suspension of activities must contain:

1) information provided for points 1 - 3, 5, 8 of part 2 of article 125of this Code;

2) the grounds established by federal law for suspending the activity or liquidation of a political party, its regional branch or other structural subdivision, another public association, religious and other non-profit organization, or for prohibiting the activities of a public association or religious organization that are not legal entities, or for terminating activities of the mass media and references to factual data, on the basis of which the body or person who applied to the court came to the conclusion that there are such grounds;

3) information about the territory of activity of local religious organizations, available to the centralized religious organization, or about the territory of primary distribution of the mass media.

4. An administrative statement of claim on the suspension of activities, filed on behalf of the relevant body, must be signed by its head, and filed on behalf of an official - by this official.

5. Documents confirming the circumstances specified in this application, as well as documents specified in the article 126 of this Code.

Chapter 34. PROCEEDINGS IN THE COURT OF APPEALS

Article 296. Courts considering appeals, presentations

Unless otherwise provided by this Code, appeals, submissions are considered:

2) by the Judicial Collegium for Administrative Cases of the Supreme Court of the Russian Federation - against the decisions of the supreme courts of the republics, territorial, regional courts, courts of federal cities, the court of an autonomous region, the courts of autonomous districts, adopted by them in the first instance;

3) by the Judicial Collegium for Military Affairs of the Supreme Court of the Russian Federation - against the decisions of the district (naval) military courts adopted by them in the first instance;

4) The Board of Appeal of the Supreme Court of the Russian Federation - against decisions on administrative cases of the Judicial Board for Administrative Cases of the Supreme Court of the Russian Federation, the Judicial Board for Military Personnel of the Supreme Court of the Russian Federation and the Disciplinary Board of the Supreme Court of the Russian Federation, adopted by them in the first instance.

Article 297

An appeal or presentation is filed through the court that made the decision. An appeal, a presentation received directly by the appellate instance shall be sent to the court that made the decision for further actions in accordance with the requirements article 302 of this Code.

Article 299

1. An appeal or presentation must contain:

1) the name of the court to which the appeal or presentation is filed;

2) the name or surname, name and patronymic (if any) of the person filing the appeal, presentation, his location or place of residence;

3) an indication of the court decision that is being appealed;

4) the demands of the person filing the appeal, or the demands of the prosecutor bringing the appeal, as well as the grounds on which they consider the decision of the court to be incorrect;

5) a list of documents attached to the appeal, submission.

2. The appeal is signed by the person filing it or his representative. An appeal filed by a representative must be accompanied by a document certifying the authority of the representative, as well as other documents specified in the part 3 of article 55 of this Code, if they are absent in the case.

3. The appeal presentation is signed by the prosecutor.

4. An appellate complaint shall be accompanied by a document confirming the payment of the state fee, if the complaint is subject to payment.

5. A person filing an appeal, who does not have state or other public powers, may send to other persons participating in the case, copies of the appeal and documents attached to it, which they do not have, by registered mail with acknowledgment of receipt or in another way that allows the court to verify that the addressee has received copies of the complaint and documents. If the specified person did not send these documents to other persons participating in the case, the appeal and the documents attached to it shall be submitted with copies, the number of which corresponds to the number of persons participating in the case.

6. The person filing the appeal, presentation, having state or other public powers, is obliged to send to other persons participating in the case, copies of the appeal, presentation and documents attached to them, which they do not have, by registered mail with acknowledgment of receipt or provide transferring copies of these documents to the indicated persons in a different way, allowing the court to verify that they have been received by the addressee.

7. An appeal, a presentation and the documents attached to them can also be submitted by filling out a form posted on the official website of the court in the information and telecommunication network "Internet".

Chapter 35. Proceedings in the Court of Cassation

Article 318

1. In the cases provided for by this Code, judicial acts that have entered into legal force may be appealed in the manner prescribed by this chapter to the court of cassation by the persons participating in the case and other persons, if their rights, freedoms and legitimate interests are violated by judicial acts. .

2. Judicial acts may be appealed to the court of cassation within six months from the date of their entry into force, provided that the persons specified in part 1 of this article, other methods of appealing against a judicial act established by this Code have been exhausted before the day it enters into force.

3. The deadline for filing a cassation appeal, presentation, missed for a good reason by the person who filed such a complaint, presentation, including due to his lack of information about the contested judicial act, upon the application of the said person, may be restored by the court of cassation only in the event if the circumstances that caused its omission took place within a period not later than twelve months from the date the appealed judicial act entered into force or if the application was filed by a person who did not participate in the case, on whose rights and obligations the court adopted a judicial act, from the day when this person found out or should have found out about the violation of his rights, freedoms and legitimate interests by the contested judicial act.

4. An application for the restoration of the missed deadline for filing a cassation appeal or presentation is considered by the cassation court in the manner prescribed article 95 of this Code.

5. The Chairman of the Supreme Court of the Russian Federation, the Deputy Chairman of the Supreme Court of the Russian Federation shall have the right to disagree with the ruling of the judge of the Supreme Court of the Russian Federation on the restoration of the missed deadline for filing a cassation complaint, presentation or on the refusal to restore it and to issue a ruling on the refusal to restore the missed deadline for filing a cassation complaints, representations or about its restoration.

Article 319

1. A cassation appeal or presentation shall be filed directly with the court of the cassation instance.

2. A cassation appeal or presentation shall be filed:

3) on decisions and rulings of district courts that have entered into legal force, adopted by them in the first instance, if these decisions and rulings were appealed 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, the court of the autonomous district, respectively ; on the appeal rulings of the supreme courts of the republics, territorial, regional courts, courts of federal cities, the court of the autonomous region, the courts of autonomous districts, including when the court of appeal upheld the decision of the court of first instance, but cited new motives to justify the decision adopted by the court of first instance decisions with which the applicant does not agree; on decisions of the presidiums of the supreme courts of the republics, regional, regional courts, courts of federal cities, the court of the autonomous region, the courts of autonomous districts - to the Judicial Collegium for Administrative Cases of the Supreme Court of the Russian Federation;

4) against decisions and rulings of garrison military courts that have entered into force, if these judicial acts were appealed to the presidium of the district (naval) military court, against decisions of the presidiums of district (naval) military courts, against appeal rulings of district (naval) military courts - in Judicial Collegium for Military Personnel of the Supreme Court of the Russian Federation.

3. A cassation appeal, presentation and documents attached to them can also be submitted by filling out a form posted on the official website of the court in the information and telecommunication network "Internet".

Article 320

1. A cassation appeal or presentation must contain:

4) an indication of the courts that considered the administrative case at the first, appeal or cassation instance, and information about the content of their decisions;

6) an indication of what the significant violations of the norms of substantive law or norms of procedural law committed by the courts that influenced the outcome of the administrative case consist of, citing arguments testifying to such violations;

2. In the cassation complaint of a person who did not take part in the administrative case, it must be indicated what rights, freedoms and legitimate interests of this person have been violated by a judicial act that has entered into legal force.

3. If a cassation appeal or presentation was previously filed with the court of the cassation instance, they must indicate the decision taken on the complaint or presentation.

4. The cassation complaint must be signed by the person filing the complaint or his representative. A cassation appeal filed by a representative shall be accompanied by a document certifying the authority of the representative and other documents provided forpart 3 of article 55of this Code. The cassation presentation must be signed by the prosecutor specified in the part 6 of article 318 of this Code.

5. A cassation appeal or presentation shall be accompanied by copies of judicial acts certified by the relevant court, adopted in an administrative case.

6. A cassation appeal or presentation shall be submitted with copies, the number of which corresponds to the number of persons participating in the case.

7. The cassation complaint must be accompanied by a document confirming the payment of the state fee in the cases, in the manner and amount established by law, or the right to receive benefits for the payment of the state fee, or the cassation complaint must contain a request for a deferment or installment payment of the state fee or for a reduction its size or exemption from its payment.

8. The issue of granting a deferral or installment plan for the payment of the state fee, or of reducing its amount or exemption from its payment, shall be resolved by the court of cassation without notifying the persons participating in the case.

Chapter 36. PROCEEDINGS IN THE COURT OF THE SUPERVISOR

Article 332

1. Judicial acts that have entered into force, specified in part 2 of this article may be reviewed in the exercise of supervision by the Presidium of the Supreme Court of the Russian Federation on complaints from persons participating in the case and other persons, if their rights, freedoms and legitimate interests are violated by these judicial acts.

2. The following are appealed to the Presidium of the Supreme Court of the Russian Federation:

1) the decisions of the supreme courts of the republics, territorial, regional courts, courts of cities of federal significance, the courts of the autonomous region, the courts of autonomous districts, adopted by them in the first instance, that have entered into legal force, if these decisions were the subject of an appeal in the Supreme Court of the Russian Federation;

2) the decisions of the district (naval) military courts that have entered into legal force, adopted by them in the first instance, if these decisions were the subject of an appeal in the Supreme Court of the Russian Federation;

3) decisions and rulings of the Judicial Collegiums of the Supreme Court of the Russian Federation that have entered into legal force, adopted by it in the first instance, if these decisions and rulings were the subject of an appeal;

4) rulings of the Board of Appeal of the Supreme Court of the Russian Federation;

5) rulings of the Judicial Collegium for Administrative Cases of the Supreme Court of the Russian Federation and rulings of the Judicial Collegium for Military Personnel of the Supreme Court of the Russian Federation issued by them on appeal;

6) rulings of the Judicial Collegium for Administrative Cases of the Supreme Court of the Russian Federation and rulings of the Judicial Collegium for Military Personnel of the Supreme Court of the Russian Federation issued by them in cassation.

Article 333

1. A supervisory appeal or presentation shall be filed directly with the Supreme Court of the Russian Federation.

2. Judicial acts referred to in part 2 of article 332 of this Code, may be appealed by way of supervision within three months from the date of their entry into force.

3. The deadline for filing a supervisory appeal, presentation, missed for a good reason by the person who filed such a complaint, presentation, including due to his lack of information about the contested judicial act, at the request of the specified person may be restored by the court of the supervisory instance only in the event if the circumstances that caused its omission took place within a period not later than twelve months from the date the appealed judicial act entered into legal force or if the application was filed by a person who did not participate in the administrative case, on whose rights and obligations the court adopted a judicial act, with the day when this person found out or should have found out about the violation of his rights, freedoms and legitimate interests by the contested judicial act.

4. An application for the restoration of the missed deadline for filing a supervisory appeal or presentation shall be considered by a court of the supervisory instance in the manner prescribed article 95 of this Code.

5. The Chairman of the Supreme Court of the Russian Federation, the Deputy Chairman of the Supreme Court of the Russian Federation shall have the right to disagree with the ruling of the judge of the Supreme Court of the Russian Federation on the restoration of the missed deadline for filing a supervisory appeal, presentation or on the refusal to restore it and to issue a ruling on the refusal to restore the missed deadline for filing supervisory complaints, representations or about its restoration.

Article 334

1. Supervisory complaint, presentation must contain:

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

2) the name or surname, name and patronymic (if any) of the person filing the complaint, presentation, his location or place of residence and procedural status in the administrative case;

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

4) an indication of the courts that considered the administrative case at the first, appeal or cassation instance, and information about the content of the judicial acts adopted by them;

5) an indication of the judicial acts that are being appealed;

6) an indication of the grounds for reviewing the judicial act by way of supervisory review, citing arguments indicating the existence of such grounds. If, as a basis for reviewing the contested judicial act, the supervisory complaint or presentation indicates a violation by the court of the unity of judicial practice, they should provide examples to support these arguments;

7) the request of the person filing the complaint, presentation.

2. The supervisory complaint of a person who did not take part in the administrative case must indicate what rights, freedoms or legitimate interests of this person have been violated by a judicial act that has entered into legal force.

3. A supervisory complaint must be signed by the person filing the complaint or his representative. A supervisory appeal filed by a representative shall be accompanied by a document certifying the authority of the representative, as well as other documents stipulated bypart 3 of article 55of this Code. The supervisory submission must be signed by the Prosecutor General of the Russian Federation or his deputy.

4. Copies of judicial acts, certified by the relevant court, adopted in the administrative case, shall be attached to the supervisory appeal or presentation.

5. The supervisory complaint must be accompanied by a document confirming the payment of the state fee in the cases, in the manner and amount established by law, or the right to receive benefits in the payment of the state fee, or the supervisory complaint must contain a request for a deferral or installment plan for the payment of the state fee or for a reduction its size or exemption from its payment.

6. The issue of granting a deferment or installment plan for the payment of the state fee, or of reducing its amount or exempting from its payment, shall be resolved by the court of the supervisory instance without notifying the persons participating in the case.

Chapter 37

Article 345

1. A judicial act that has entered into legal force may be reviewed due to new or newly discovered circumstances by the court that adopted it.

2. Judicial acts of the appellate, cassation or supervisory instance, by which the appealed judicial act was amended or a new judicial act was adopted, are reviewed due to new or newly discovered circumstances by the court that changed the judicial act or adopted a new judicial act.

3. In the event that a court verdict that has entered into legal force establishes the judge’s guilt in committing a crime, as a result of which an illegal and (or) unfounded judicial act was adopted, the revision of the judicial act due to newly discovered circumstances is carried out by the court of which he was a judge, taking this act.

Article 347

1. An application, a presentation on the revision of a judicial act due to new or newly discovered circumstances shall be submitted to the court in writing. The application shall be signed by the person submitting the application or his representative authorized to sign the application.

2. In an application, a presentation on the revision of a judicial act due to new or newly discovered circumstances, the following must be indicated:

1) the name of the court to which the application or presentation is submitted;

2) the name or surname, name and patronymic (if any) of the person submitting the application, his location or place of residence, telephone numbers and e-mail addresses, if any;

3) names or surnames, first names and patronymics (if any) of other persons participating in the case, their place of residence or location, other known data about them;

4) the name of the court that adopted the judicial act, the review of which the applicant is applying for, the number of the administrative case of the court to which the application was filed, the date of adoption of the judicial act, the subject of the administrative claim;

5) circumstances that could or may affect the adoption of a judicial act;

8) list of attached documents;

9) other information, including telephone numbers, fax numbers, e-mail addresses of persons participating in the case.

3. An application, a presentation on the revision of a judicial act due to new or newly discovered circumstances must be accompanied by:

1) a copy of the judicial act, the revision of which is requested by the applicant;

2) copies of documents confirming new or newly discovered circumstances;

3) a document confirming that other persons participating in the case have been sent copies of the application and documents that they do not have, and if these copies are not sent, copies of the application and documents according to the number of other persons participating in the case;

4) a document confirming the authority of the person to sign the application, as well as other documents specified in part 3 of article 55 of this Code, if the application is submitted by a representative.

4. An application, a presentation on the revision of a judicial act due to new or newly discovered circumstances and the documents attached to them can also be submitted by filling out a form posted on the official website of the court on the Internet information and telecommunication network.