For administrative matters. Appeal in administrative cases An appeal in an administrative case against a ruling

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Samples of complaints against a court decision in an administrative case

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How to make a complaint

The requirements for the structure of the complaint are established for each instance separately in accordance with the Code of Administrative Procedure of the Russian Federation as follows:

appeal is regulated by article 299 of the above code;
cassation appeal - Article 320 of the Code;
supervisory review - Article 334 of the Code.

In order to appeal a court decision, a citizen must be guided by the structure of the complaint and display certain information in it.

The header of the document contains:

the name of the judicial authority to which the complaint is directed, and its address;
information about the applicant - last name, first name, patronymic, as well as contacts for communication with him (telephone number, address);
information about other participants in the process, indicating the necessary data;
the name of the court of first instance that issued the ruling.
the name of the document is determined depending on the essence of the claim and the actions subject to appeal. You should look in detail at Article 310 of the Code of Administrative Procedure to determine the cause of the complaint.

The body of the document must contain:

information on the details of the disputed court ruling and administrative case with the display of important dates and numbers;
a description of the court decision, highlighting violations of the law;
express the requirement in the complaint, supporting it with arguments and referring to the evidence base to protect their position. The appeal must be based on legal rules defining the right to appeal;
prescribe all the attached documents that must accompany the complaint;
a copy of the complaint based on the number of persons participating in the trial;
information about the evidence, various petitions and appeals previously filed by the applicant, and other documents that can change the course of the case;
a document confirming the payment of the state fee;
day, month and year of filing the complaint;
the signature of the person submitting the application and the transcript of the signature.

If you are dealing with an appeal for the first time, we advise you to seek the professional assistance of lawyers who can, based on their experience, give you legal advice on issues of interest, as well as help prepare Required documents to file a lawsuit.

With a good lawyer, you shouldn't have any problems with further appeals, which will save you money on state fees.

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

Ways to appeal court decisions

An appeal may change or overturn a judgment if there are grounds for such action.

The appeal is a set of stages carried out in courts of different instances:

appeal in an appeal;
appeal in cassation;
supervisory appeal.

All stages are separated by law, as they have a number of features. The stages are regulated by the CAS of the Russian Federation and the Code of Administrative Offenses of the Russian Federation, respectively. Article 25 of the Code of Administrative Offenses guarantees the participants in a trial the right to appeal against a court decision in an administrative proceeding. In addition, the provisions of this article grant the same right to a third party whose interests are affected by a court act.

An administrative complaint may be filed by:

accused;
victim;
representatives of the participants in the process;
defenders.

Remember! If a party to proceedings is represented by a minor child or an incompetent person, his representative must be present at the court session in accordance with the law. As a general rule, this is one of the parents (or guardian). Such persons may further appeal against the court's decision.

Appeal procedure

Acts of the court are appealed in accordance with the CAS of the Russian Federation both in appeal, and in cassation, and in supervision.

The stage of appeal is primarily used if the appeal is made in relation to acts that have not entered into force (according to Article 295 of the CAS RF). Consequently, the legislation provides for the right to appeal by way of appeal within one month, calculated from the issuance of a court decision (paragraph 1 of Article 298 of the Code). Also, other deadlines are set for certain acts.

The following have the right to appeal:

participants in the dispute;
citizens whose interests are affected by the decision.

An appeal may be filed with the first instance in accordance with Article 297 of the CAS RF. At the end of the term for filing a complaint, it will be sent to the court of second instance.

During review:

the case is subject to examination by the court not completely, namely, the court examines the contested judicial acts, but not the case as a whole. So, audio recordings and video files will not be re-voiced, unless there is an essential need. Such actions of judges are dictated by paragraph 79 of the Decree of the Plenum of the Supreme Court of the Russian Federation of September 27, 2016 No. 36;
judges cannot be limited by the scope of the complaint or presentation, as well as by the arguments indicated in them;
judges assess the evidence base, but if necessary, they may request other evidence if they were not presented to the court of first instance due to serious circumstances.

Watch the video. Appeal against decisions on administrative offenses:

Appeal by way of cassation

By way of cassation, acts of the court, issued in cases of an administrative-legal order, which have acquired legal force and passed the appeal, are subject to appeal.

A complaint is filed within a period of not more than six months after the end of the entry into force of the court decision at first instance. If the applicant has missed the deadline for appealing, then when filing a complaint, you can draw up a petition with a request to restore the deadline if it is missed due to valid circumstances.

Both parties to the administrative process or other persons whose rights were affected by the court ruling have the right to send a cassation appeal. The prosecutor may also appeal against the decision if he participates in the trial.

A cassation appeal is submitted directly to the cassation court personally by the appellant or his representative. The law establishes priority consideration of cases in the order of cassation by the Presidium of the courts of the regions of Russia due to the fact that the largest number of cases at first instance are resolved in district courts.

If, upon appeal, the complaint is not satisfied by the court, and they are given other reasons for appealing the court decision, and under such circumstances the applicant cannot agree with them, he sends the complaint by way of cassation to the Judicial Collegium for Administrative Cases of the Armed Forces of the Russian Federation.

The content of the cassation complaint, according to the general rules, practically duplicates the appeal. Both documents must indicate the name of the court, information about the applicant and other participants in the process, the essence of the case being resolved, the list of requirements and the evidence base, which should be given great attention, since it becomes the reason for violations of the law by judges.

Along with the complaint, in addition to evidence, copies of court rulings relating to the case under consideration must be attached. The applicant receives such copies in the office of the court in which such a document was issued. The state fee for cassation is paid at the same cost as for the appeal.

The provisions of Article 322 of the CAS RF establish the following terms for considering a complaint by way of cassation.

If in the process of administrative case it was not requested, then the complaint may be considered within a period of up to two months, calculated from the date of receipt of the case by the court of cassation.

The Supreme Court of the Russian Federation is also obliged to consider the complaint within a period of up to two months without reclamation of the case. If the case was claimed, the period is extended to three months. The period is also extended by another two months at the behest of the Chairman of the Supreme Court of the Russian Federation, if the case is considered complex.

When summarizing the results of studying the complaint, the competent authority makes a decision to transfer the document for consideration by the court or to cancel the transfer. If the transfer is agreed, the complaint is subject to consideration in a court session by judges in a collegiate composition in compliance with the notification of the participants in the process.

Important! The decision on the complaint is made by obtaining the votes of the majority of judges. The results of the decision taken must be communicated on the same day that the court session was held.

Based on the results of the work on the complaint, the cassation court makes the following decisions:

do not change the act that is the subject of the appeal, do not satisfy the complaint;
the act that is the subject of the appeal, cancel in whole or in part and oblige the court that issued the decision on the case to review it in a new composition;
the act that is the subject of the appeal is canceled in whole or in part, the application is not considered or the proceedings are terminated;
to leave valid only some of the accepted judicial rulings;
the act that is the subject of the appeal, cancel in whole or in part and issue a new judgment without submitting it for a new consideration (in case of violation of the application or interpretation of the norms of the law by the court);
the act that is the subject of the appeal is not further considered, if there are grounds for this under Part 1 of Art. 321 CAS RF.

If the parties do not agree with the results of the court on the consideration of an administrative case, the legislation of the Russian Federation provides for a procedure for appealing a court decision. How is the cancellation of acts of the regional, world, city, arbitration and regional court.

Procedure for appealing a court decision in an administrative case

If the judge in an administrative case has made a decision, it can be canceled through a special procedure - an appeal. The right of every citizen of the Russian Federation to appeal against a decision of a district court in an administrative case is established by the Code of Administrative Offenses. This rule applies to the following list of persons:

a person accused in an administrative case;
a person acting as a victim in an administrative case;
representative of the interests of an individual;
representative of the interests of a legal entity in a case of administrative liability;
a representative of one of the parties;
defendant's lawyer;
authorized under the President of the Russian Federation for the protection of the rights of entrepreneurs.

Note that if a citizen of the Russian Federation is incapacitated, his interests must be represented by a legal representative. If the ruling does not satisfy one of the parties, it may be appealed by the guardian.

A complaint is filed by a legal organization / institution when it has the right to represent the interests of another person under an agreement or in accordance with the law.

Appeal against the decision of the regional court in an administrative case

According to the legislation of the Russian Federation, any court decision, even on a regional scale, is subject to appeal if there is an objective reason for it.

Moreover, it is possible to cancel both the act that has not yet begun to be implemented, and the one that has already entered into force. But only on the condition that it was accepted biased, in violation of the rights of one of the participants in the proceedings.

To achieve this goal, you will need to collect a package of documents. Namely:

a claim drawn up in the right way and in accordance with the requirements of the legislation of the Russian Federation;
a copy of the protocol. Experienced lawyers recommend carefully checking this document so that the information from the original exactly matches the copies;
a copy of the decision issued by the court, if the results were announced on the spot.

Appeal against the decision of the world court in an administrative case

This procedure is provided for by the legislation of the Russian Federation and acts as an effective tool when trying to protect the rights and interests of one of the parties in litigation. In addition, this norm provides a person with the opportunity to exercise control over the correctness of the magistrate's court, the level of competence and professionalism of the judge. And if there is the slightest doubt about the objectivity of the judge, seek a review of the case.

The main reasons why a person is entitled to file a protest are as follows:

violation of legal proceedings, which is established by law;
violation of the current laws of the Russian Federation.

Practice shows that sometimes justices of the peace issue fines, despite the fact that the statute of limitations for applying such a measure has already expired. Here is one of the specific examples of situations when it is quite realistic to achieve the annulment of the decision of the world court.

In order to file a lawsuit to appeal the decision of the justice of the peace, a person is given only 30 days after the announcement of the verdict in the proceedings. The bottom line is that when the court order is announced, only the conclusions of the court are prepared, and when the case is subsequently transferred to the office, it will be necessary to draw up a motivational part. The next day after the end of the trial, the countdown of the 30-day period begins, for which you need to file a complaint with a request to reconsider the case. A different procedure is possible only if the judge has indicated a different date for the final decision. Under such conditions, the terms are subject to change. If the official who implements justice announces a different date for the final decision, then the time period will change.

Appeal against the decision of the city court in an administrative case

The decision of the city judge can actually be canceled in a higher authority. This procedure is carried out in the cassation procedure or in the court of the supervisory instance. Complaints must be filed with the county or county court. But you need to draw up a document in the right way so that it is accepted for consideration.

The filed claim contains the following information:

the name of the authority to which the complaint is to be filed;
information about the originator of the claim, as well as other participants in the process;
information about the decision made;
reasons for canceling the outcome of the proceedings.

Submit this paper with detailed description the essence of the petition will be required to a higher court of cassation through the city body where the contested decision was made. To cancel the decision of the city court or reject the claim of the originator of the claim in the right of the regional or regional court.

Appeal against the decision of the arbitration court in an administrative case

There are different ways to get a decision cancelled. Namely in:

Appeal procedure. It is the first step in filing a claim, which sends the proceedings for review. The deadline for submitting a complaint to the court of first instance is 30 days. The countdown starts from the moment the decision is made. For legal proceedings, which are implemented in a simplified way, that period is reduced to 1 day.
Cassation order. Thus, those rulings of the arbitration court that were considered up to that moment in the court of appeal are contested. You can also use this right if the appellate judge denied the person the restoration of the past time limit for filing a claim. Appellate decisions are also canceled on cassation. The deadline for this is 60 days from the date of adoption of the act, for which you need to have time to file a claim with the court of first instance.
supervisory order. It is the last method of reviewing the decision of the arbitration court. Thus, any act, including both appeal and cassation, is subject to cancellation. The main thing is to fit into the deadline for filing a complaint - 90 days from the date of the last decision of the judge. The originator of the claim must send it to the highest judicial body.

Each of the described methods of achieving the desired has its own time period for submitting a claim, the specifics of submitting it to the relevant authority and studying it. This fact is important to take into account in the process of drafting the document.

Appealing the decision of the regional court in an administrative case

The decision of the regional judge can also be challenged, for which you will need to apply to the cassation instance with a claim drawn up in a specialized format.

The legislation clearly stipulates what information should be described in such a document. It has also been established that the cassation proceedings should take place in a standard format, in which the judge considers all the arguments and evidence provided to him, and makes an assessment of the legality of the decision.

The cassation appeal is drawn up in accordance with the current norms and laws. It contains comprehensive information about the case being considered. You will need to provide links to legislative norms that determine the existing violation committed during the adoption of the court decision. Thus, you can increase your chances of a positive outcome of the case.

Often one of the parties to an administrative case does not agree with the decision made by the court.

In this case, it is possible to initiate such a procedure as an appeal against a court decision in an administrative case.

An appeal against a court decision in a case of an administrative offense should be carried out as quickly as possible. The law gives only 10 days to prepare and file such a complaint.

If the deadline for appeal is missed, then you can try to restore it. To do this, you must attach an appropriate application to the complaint. But it must be remembered that the court will not restore the term due to formal circumstances. The reasons must be valid. Most of the offenses occur in the field of road safety. The next example will be from this area.

What should be reflected in the complaint against the decision of the court?

By and large, the requirements are standard, this is information: about the applicant; about which judicial act is being appealed; the applicant's requirements. How relevant is the appeal of a court decision in an administrative case? The traffic police, for example, often exceeds its powers, compiling material against innocent persons.

For example, very recent cases are indicative, when only the Supreme Court of the Russian Federation, having reviewed the case, establishes that a person who consumes alcohol in a car that is not in motion cannot be held liable.

Based on this, it can be noted that it is possible and necessary to appeal against decisions in administrative cases. The only problem is that it takes a lot of time and effort. Not everyone is ready to spend a large amount of the mentioned resources. But you can take the help of professional lawyers.

Procedure for appealing a court decision in an administrative case

How to appeal against a court decision in an administrative case? Cases of this category are considered, as a rule, by justices of the peace. Therefore, it is possible to appeal the decisions in these cases, for a start, to the district courts. In general, the procedure for appeal is detailed in the ruling on the case. If it is on hand, then you can carefully read it and determine where to send the complaint and within what time frame.

The court receiving the complaint must establish that its content complies with the requirements of the law. If the complaint is filed with violations, then it will not be considered. Solutions based on the results of consideration of the complaint are the satisfaction of the complaint with the termination of the proceedings on the administrative case or the refusal to satisfy the complaint.

How can I appeal a district court decision in an administrative case?

First, the district court, as a rule, already acts as a judicial body of second instance. Therefore, we should talk about reconsidering the decision that has gained the force of law.
Secondly, the judicial vertical is clearly built in the Russian Federation. All decisions of lower courts are subject to appeal to higher judicial bodies. Above the district courts are the courts of the constituent entities of the Russian Federation. That's where you need to go.

The highest body of the judicial system is the Supreme Court of the Russian Federation. A complaint can be filed with this court if all lower instances have already been passed. As noted above, unfortunately, in many cases people manage to succeed only in the Armed Forces of the Russian Federation.

On the other hand, if the Supreme Court has made a decision, then all other courts will begin to focus on it. This is how a practice is created, which in the Russian Federation, formally, does not have the force of law, but plays a very important role. Therefore, the main thing for a lawyer is experience, the presence of not only theoretical knowledge, but also practical.

Content:

Administrative punishment is the most frequently used method of influencing citizens who have committed unlawful acts. The main difference between acts that fit into this category is that they do not cause significant harm to society. Most often, such types of punishments as a warning, a fine or administrative arrest are used against violators. These concepts are well known to motorists and violators of public order. Ignorance of the law does not exempt from liability, therefore, every citizen must know what illegal actions may entail such a punishment and how to appeal a court decision in an administrative case.

Accountability

After a protocol has been drawn up against the offender, it, together with all the materials collected in the case, is transferred to the court or to an official who is authorized to consider cases of administrative offenses. The question of bringing the violator to justice can be solved by:

- the head of the department of the Ministry of Internal Affairs or his deputy;
- the judicial body that will consider the case on the merits.

In the first case, the date and time of consideration of the issue by the head of the police department must be indicated in the protocol without fail. When the case is considered in court, the violator is required to serve a summons.

Where to file a complaint against a decision in a case of an administrative offense?

In accordance with the current legislation of the Russian Federation, a citizen in relation to whom a decision on an administrative offense has been issued has the right to appeal against it. Complaints are filed in the prescribed manner.

Appeal of administrative cases is carried out:

- to a higher authority;
- to court.

The procedure and deadlines for filing a complaint are provided Article 30 of the Code of Administrative Offenses of the Russian Federation. It is important to remember that appealing against the decision to bring to administrative responsibility within 10 days from the date of delivery or provide a copy. If for any reason this period has been missed, the party has the right to apply to the court or to an official with an application for its extension. The document must indicate what exactly caused the violation of this requirement. If the judge or official considers the arguments valid, a decision will be made to restore the time limit for filing a complaint.

Of course, it is much easier if a complaint against a previously made decision is drawn up and filed. But, if it is impossible to contact a specialist, you can cope with this task on your own. The content of the document is clearly regulated by law, and if the applicant accidentally makes a mistake in choosing the addressee, within three days, the complaint will be redirected in accordance with the jurisdiction.

Appeal to a higher official or body

How to appeal a decision in an administrative case if the decision to prosecute was made by a law enforcement official? The answer to this question is of interest to almost everyone who has been brought to administrative responsibility in this way.

In this case, you can appeal the decision:

- to a higher official;
- to a higher authority.

The legislation allows at the same time to apply with a statement also to the person initially considering this case.

The applicant must take care to collect all available evidence necessary to challenge the decision. 10 days are given for consideration of materials. A higher body or person may cancel a previously adopted decision, mitigate the punishment, send the case for a new investigation, or leave the decision unchanged.

The received refusal can be challenged in the court at the place of consideration of the complaint, and then in a higher court.

Going to court

The Code of Administrative Offenses of the Russian Federation provides that an offender against whom a decision on bringing to administrative responsibility has been issued may file a complaint directly with the court. The choice of body depends on who issued the original order.

So, for example, if the document was issued by the head of the police department, you need to file a complaint with the district court. Applications for contesting the rulings of the Magistrates' Court should also be sent there. In order to appeal against the decision of the district court, one should apply to a higher authority, this may be a regional or other court of the subject. To study the materials and make a decision, the judicial authority has 2 months from the date of receipt of the complaint.

Complaint procedure

The person who applied for the revision of the resolution on bringing to administrative responsibility shall be present during its consideration. The authorized body checks the validity and legality of the decision, reviews the materials, hears the offender's explanations and witness testimony. The result is a decision that can:

leave the decision unchanged;
change the punishment (in this case, the use of a more severe sanction is not allowed, the punishment can only be mitigated, which will allow, for example, to receive a smaller fine or be limited to a warning instead of a fine);
repeal the decision completely;
cancel the earlier decision and return the case for reconsideration;
send the case for retrial according to jurisdiction, if it turned out that the decision was made by a person, body or judge who did not have the right to do so.

During the consideration of the complaint, the parties may file challenges and motions, involve additional witnesses or ask the court to demand documents that may be relevant to the case if the parties are unable to obtain them on their own.

The procedure for the driver to appeal against a decision on an administrative offense and a fine

The Code of Administrative Offenses of the Russian Federation regulates the conditions of liability for committing administrative offenses, including violations of traffic rules. It is extremely difficult to meet a driver who has never had to violate the Rules of the Road, since it is not necessary to be a malicious violator, various situations may arise on the road, due to which the driver may involuntarily violate traffic rules. Therefore, each road user must know how to challenge the decision made on the basis of the inspector's protocol. The procedure is carried out in several stages:

- the person or body that is authorized to consider such complaints is determined;
- an application is made in strict accordance with the requirements of the law;
- the complaint is filed with the relevant authority.

The applicant must remember that with such applications it is not necessary to pay the state duty. Documents can be submitted to the relevant authority in person, through a representative or sent by mail.

Based on the results of litigation, there is a high probability of a situation where one of the parties expresses disagreement with the court verdict. Many, due to various circumstances and ignorance of the law, agree with the decision, including situations where it is issued with clear signs of violation of the law. The way out will be to appeal the decision of the lower court in an administrative case, which can be done in several ways.

After the determination has taken effect, the procedure for its execution begins, according to the previously filed claim. In view of the numerous violations of civil rights as a result of the exercise of power, it is recommended to write a petition for each controversial decision. Experts insist on drawing it up immediately after the court decision. Based on the KASRF, it is possible to appeal against the decision, according to the reduced deadlines.

Appeal in administrative proceedings

It is important to understand that each court decision in administrative proceedings can really be challenged by applying:

Through the cassation;
Through an appeal;
As a result of a supervisory review.

The execution of a decision issued under simplified conditions begins after 15 days from the date of its announcement. In other options, the period is calculated in one month. Within the specified time, if necessary, a complaint is sent. An important condition is the availability of an official court decision, drawn up in writing, in its final form, on a specific administrative proceeding.

Based on Article 298 of the KASRF, any proceedings for the revision of acts of self-dissolution, the dissolution of government bodies, the placement of a foreign citizen in special institutions, or a psychiatric hospital are excluded.

It is necessary to emphasize that the violated deadline for appealing against the decision must necessarily entail the implementation of the petition for the restoration of the possibility of filing an appeal. If this is not done, there is a possibility that the complaint will not be considered on time, or it will be rejected altogether.

The duty of the justice of the peace, who reviews the appeal and launches the document into production, is to notify all persons involved in a particular case. The task of the district court and other instances is as follows - the registered complaint must be considered within a period of not more than 60 days from the date of its acceptance by the relevant instance.

Each trial is carried out in a collegiate manner, under the chairmanship of a justice of the peace. In administrative proceedings, it is allowed to accept new evidence that was not previously known. For this, a citizen who applied on time must prove that they could not be provided earlier.

About appeals

The legislation provides that such a complaint is filed exclusively by the participants in the process, or by the relevant representatives in a legal manner, who were involved in the case being studied. In addition, those whose rights were affected in any way as a result of the announced court decision can also count on an appeal. Typically, an appeal contains the following information:

Information regarding the applicant, place of registration, residence and full name;
The name of the judicial body where it is planned to appeal the objectionable decision;
Accurate information on other persons involved in the proceedings;
The clear name of the lower court where the trial was previously held and the verdict was delivered;
Statement of the substance of the ruling to be revised;
Presentation of the main requirements, points regarding which disagreement is expressed, weighty evidence and a reasoned personal position. Lawyers advise to correctly formulate the main part and insist on the cancellation of the court decision, the adoption of a new decision, its partial or complete change;
The available evidence, papers, materials on the case, including the petition and application, should be attached to the complaint;
At the end of the appeal, it is necessary to affix the signature of the plaintiff, authorized representative, with confirmation of the relevant rights in a notarial order.

It should be understood that any decision of the justice of the peace can really be canceled, guided by article 310 of the KASRF. Therefore, before applying to the justice authorities, it is recommended to carefully study the definitions of the legislation and find the necessary grounds. It is important that the complaint and the documentation attached to it in the form of copies be sent or provided to each person involved in the administrative case.

The law provides for a written procedure for submitting an appeal. It is drawn up by the plaintiff, which will require an appropriate sample sent to the branch of the lower court, where the issue was actually considered and the decision was made. The documentation is then forwarded to the highest authority, according to jurisdiction. The applicant will have to bear the legal costs, which for an individual amount to no more than 200 rubles, legal entities and organizations - up to 400 rubles.

Cassation contestation of administrative cases

The procedure for appealing issues by way of cassation provides for the consideration of only those cases that have begun to operate, while previously carried out through an appeal. The challenge is usually initiated no later than 180 days from the date when the decision of the justice of the peace appeared. After the specified time has elapsed, you can file a petition with a request to restore the missed time intervals, if there are good reasons for this.

A complaint is drawn up and registered by a citizen involved in an administrative case, including his representative, whose interests were to some extent affected by a dubious verdict, including issues involving the prosecutor. Registration of the appeal is carried out by the applicant or a notarized authorized representative to the cassation body. Since, on the basis of the principle of jurisdiction, the main share of proceedings is sent to the address of the district court, the cassation petition is addressed to the presidium of the court of the constituent entity of the Russian Federation.

An exceptional case is a situation in which the complaint on appeal is not satisfied in part or in full. The reasons for this may be different, when the applied citizen categorically disagrees with them. The cassation petition is submitted to the panel of judges of the Supreme Court dealing with administrative issues.

A cassation complaint is subject to consideration within a period of up to 30 days, provided that the proceedings are not demanded, up to 60 days, if the proceedings are demanded, from the date of its registration with the relevant authority, which is prescribed in Article 322 of the KASRF.

Based on the results of the trial, a decision is made:

Reject the claim specified in the application;
Cancel the contested decision, in whole or in part, carry out the termination procedure in an administrative case, leave the appeal without consideration if there are grounds provided for in Article 321 Part 1 of the CAS RF;
Revise the act, regarding the decision of the justice of the peace, send it for review;
Make changes to the court document, according to which there is an appeal against the decision of the lower court.

Challenging administrative cases in the order of supervision

The execution of administrative proceedings in the supervisory instance is carried out in accordance with the articles of Chapter 36 of the KASRF. If the applicant's complaint regarding the unlawful, in his opinion, decision of the justice of the peace, was not considered on appeal or cassation, the doubtful verdict is more likely to be canceled in the supervisory proceedings.

The corresponding complaint within the specified period, which does not exceed three months from the moment the decision enters into force, is sent to the Presidium of the Supreme Court of the Russian Federation by a person involved in the case or having claims for violation of rights under a judicial act. The application is made according to the same rules that are provided for with an appeal and cassation, for which it will not be superfluous to find a suitable sample. The appeal indicates the grounds for canceling a specific act. Among others, there may be violation of the norms provided for by the Constitution of the Russian Federation and international treaties, misinterpretation of the law, violation of the rights and interests of certain persons, etc.

It is important to note that the fee for a supervisory appeal filed against a ruling of a justice of the peace is determined based on the requirements set forth in the tax code of our country. The period allotted for consideration of an administrative case by way of supervision may be extended by 2 months by decision of the Chairman of the Supreme Court or his deputy.

As a result of appealing against the decision of the justice of the peace, as well as appeal and cassation, the following decisions can be made:

Cancellation of the contested judicial act, termination of proceedings in a particular case;
Leaving the application without consideration, and the decision of the justice of the peace, appellate and cassation instances in the same form;
Making changes to judicial acts that were previously adopted in the case;
Partial or complete cancellation of the verdict, sending it in whole or in part for review.

The supervisory procedure provided for by law, in fact, is the final stage of the administrative appeal against the earlier decision of the justice of the peace of the first instance and at a higher level. The received act of the court, one sample of which is handed over personally or sent by mail, in the future, will really be challenged through international instances, or if new circumstances are revealed that were not previously known for good reasons.