If we carefully study the civil, administrative and arbitration laws, we can conclude that such an appeal as a supervisory appeal is not unusual. A supervisory appeal is filed already when the court decision is made, and can be canceled in part or in full. To learn about such legal actions as much as possible, it is worthwhile to understand in detail what constitutes an appeal against decisions and who has the right to submit it.
What is a supervisory appeal?
Basically, oversight will be carried out on a decision that has entered into force. In no case should such a complaint be confused with cassation, since it is submitted to special instances. The main difference between these two concepts is that the supervisory appeal is examined exclusively by the Supreme Court. It is important to remember that the law limits the level of courts of first instance, therefore those issues that were previously considered by ordinary courts and are under appeal may be reviewed.
The cassation can be considered by the courts of second instance, it all depends on which body made the decision before it. It is necessary to approach the issues of filing an appeal responsibly, since a supervisory appeal will not consider disputes in the economic sphere, if the decision was made by the arbitration.
Complaint Features
There is a specific procedure for appealing against a court order, which is worth getting to know better:
- Initially, it is taken into account that the supervisory appeal is submitted to the Supreme Court, the application is also sent there, this is done officially through the mail.
- Not everyone can submit such a complaint. There is a certain circle of persons who are entitled to it.
- An appeal against a court ruling should be made when the decision comes into force; it will be impossible to do this at another time.
- It is important to consider that the submission of the document must take place within a certain time frame, as a rule, this is given only three months, after which nothing can be appealed.
- To send a complaint to the Presidium, it is worth paying a state fee. This instance is almost the last at the state level, because further success will have to be achieved already in international courts.
Who has the right to file a complaint?
A supervisory appeal is submitted to the court by a certain circle of persons, we consider them in more detail:
- The right to appeal the ruling is held by persons who participated in court hearings in the case under consideration.
- The complaint is filed by third parties whose interests have subsequently been handed down.
- Even the prosecutor or the Prosecutor General has the right to file a complaint, but only if they participated in the meetings.
- State bodies can appeal a court order to protect the provisions of the law. When applying by any persons, it is necessary to indicate specifically what powers were affected by such a decision.
Complaint Deadlines
It is important to carefully remember the time frame for the supervisory appeal. As soon as the decision becomes valid, the complaint is filed within three months. The moment when the decision becomes legal, must be indicated in the document. If there is no indication, then you should be guided by the generally accepted rule, which states that after the expiration of a month you can already file a complaint. It is important to remember that if the deadline for filing a complaint for supervision has been missed, then it can be restored, but if there is a good reason for the pass, for example, a serious illness of the person filing the appeal. The deadline expires in exactly three months. If the provider managed to send a letter to the mail before midnight on the expiration of the term, then this is not considered a pass.
What should be in the complaint?
A supervisory appeal is submitted taking into account the following points:
- First, the full name of the authority where it is sent must be indicated, namely the Presidium of the court is implied.
- All personal details of the participants in this case are indicated.
- Up to this point, there has already been an appeal to the relevant courts, so the data of these instances are also listed. In addition, the decision is described.
- The complaint will not be accepted if it does not indicate a reason for review, this is what is stated in article 391.9 of the Code of Civil Procedure of the Russian Federation.
- All wording in the complaint should be clear and understandable.
- Additional documents are attached to the application.
- The date of the complaint is indicated on the day when it was drawn up, and the signature is put by the applicant himself.
There are exceptions when a proxy may file an appeal. There are several provisions for this:
- A supervisory appeal is filed if the rights of a certain person are violated, especially when they are guaranteed by the basic law.
- Also, the complaint will be considered if the rights of several citizens have been violated.
- The reason may be a violation of the understanding of the unified law of Russia.
If there are such violations, this may serve as a reason for the annulment of the judicial act or its partial satisfaction.
Complaint Procedure
After everything was filled out correctly, you can safely appeal the court decision. A supervisory appeal is filed within a certain time, in court it is carefully examined and analyzed by the Supreme judge in the following periods:
- If the complaint relates to a civil case, then the review period may be two months.
- For an arbitration court, the term is also two months.
- Administrative complaint within two months.
- A case related to the Criminal Code is considered for one month.
There are some cases where the time period for considering a complaint may be extended. Only a judge can decide whether to bring the case to a meeting of the Presidium of the Supreme Court or to return the application back to the applicant without considering it. The Presidium has the right to make such decisions:
- the court may refuse to satisfy the request because the decision has already been changed;
- the court may reverse the disputed verdict;
- the decision may be partially reversed.
It is important to remember that all participants in the process must participate in the meeting. The decision will be made after the vote of the judges, taking into account the majority of the votes.
Additional documents
It is important not only to know where the supervisory appeal is filed, but also to own all the necessary documentation. The fact is that in addition to submitting an application, it is necessary to prepare the following package of documents:
- There must be a copy of the papers.
- A photocopy of the act of the court decision that was issued up to this point.
- Copies of acts that were subsequently appealed.
- Receipt of money as a state duty.
Copies of statements must be submitted to each participant in the case. If the representative’s representative deals with the case, then there must be a power of attorney. If the applicant does not have enough funds to pay the state fee, then a request is attached, stating the delay in payment.
What is state duty?
A supervisory appeal is filed after the state fee has been paid. This condition is considered mandatory, without which the complaint will not be considered. It should be noted that the size of the fee is not too large. For individuals, the fee is only 200 rubles, enterprises must pay a minimum of 4 thousand. Exceptions may be state institutions and the prosecutor; they do not pay the state fee.
Grounds for returning the complaint
In some cases, a complaint may be returned without consideration only if there is reason for this. There are several reasons for this to pay attention to:
- If the jurisdiction was incorrect, for example, when they try to appeal the decision of a body that does not exist in the code.
- If the application submitted to the court was not drawn up correctly.
- If the requirements for paperwork have not been fully met, for example, the date and signature are not worth or a certified copy is missing.
- In the case when the application is submitted by a citizen who does not have any right to do so.
- The complaint is not considered when the document was sent later than the deadline for no reason.
Clearly understanding how to act and to which court a supervisory appeal is filed, there is every chance of achieving the annulment of those illegal court decisions that were adopted earlier. As statistics show, individuals and enterprises with different organizations are less likely to succeed, but as for the rest, most of the complaints that were filed by the Prosecutor General's Office and state institutions were satisfied.