A supervisory appeal in a civil case is one way of monitoring the legality of decisions made by a court. This document is an opportunity to review many court orders (or decisions) in their cases.
Consideration of issues of complaint is regulated by the Chapter under number 41 of the Civil Code of the Russian Federation.
A supervisory appeal has the right to file:
1) Persons who are participants in the case. And this is the defendant, the plaintiff, as well as their representatives, local authorities, as well as government bodies, third parties, declaring their claims;
2) Other persons. They can file a supervisory appeal in the situation if their legitimate interests and rights were violated during the court order;
3) The prosecutor. If he participated in the case, then he brings a submission containing information on the review of the court order.
The abovementioned persons must take into account what the terms of consideration of a supervisory appeal may be:
1) The supervisory court may consider such a document as a supervisory appeal in a civil case, not more than one month in the event that there was no demand for the case. If the case has been claimed, then the complaint can be considered no more than two months;
2) The Supreme Court of the Russian Federation has the right to consider such a document as a supervisory appeal in a civil case, in a period that does not exceed two months in time. But this refers to the case when the case was not claimed. If there was a claim, then the period for consideration of the complaint should not exceed three months;
3) If it is a question of the term of such a document as a supervisory appeal to the Supreme Court, then the chairman of this court has the right to extend the period within which the complaint can be considered, but this period should not be more than two months.
The provisions on the time limits for considering a complaint in a civil case are specified in Article 382 of the Code of Civil Procedure of the Russian Federation.
Decisions to the supervisory authority may be appealed against for a period of one year. This period is calculated from the moment the decisions come into force.
In addition to all this, a supervisory appeal in a civil case should contain information:
1) the name of the court to which the complaint was sent. In this case, you must specify the address of the judicial authority;
2) on the name of the applicant. This is his full name, an indication of his position in the case (plaintiff, defendant, etc.), his place of residence;
3) on the name of the citizens who take part in the case under consideration. In addition, their full name, place of residence or location, as well as their legal status must be indicated;
4) about all courts in which the case was examined at the first, appeal, supervisory instances;
5) on decisions made by the courts;
6) on indications of court decisions that need to be appealed;
7) on the arguments that are the basis for the annulment of the decisions of those courts in which the case was examined.
A supervisory appeal in a civil case should be drawn up taking into account the necessary requirements:
1) it is very important to correctly formulate requests addressed to the court. Moreover, all requirements must comply with the provisions of the law;
2) the word “I ask” must be present in the supervisory appeal;
3) after this word, it should be written that the request consists in conducting a supervisory review of the court ruling or decision on the claim (specify specifically) in order to send the materials of the complaint to another (or new) consideration;
4) a document such as a supervisory appeal in a civil case must be accompanied by copies of absolutely all court decisions and decisions that have been duly issued and certified by the courts;
5) there should be exactly as many copies of the complaint as the number of persons who participated in the case;
6) the complaint must be signed;
7) after the signature it is necessary to indicate the number.