Supervisory complaint in civil case

Supervisory complaint in the civil case is one of the ways to control the legality of decisions taken by the court. This document is an opportunity to review many judicial decisions (or decisions) on their cases.

The consideration of the issues of the complaint is regulated by the Chapter number 41 of the Civil Code of the Russian Federation.

Supervisory complaint is entitled to file:

1) Persons who are participants in the case. And this is the defendant, the plaintiff, as well as their representatives, local self-government bodies, as well as state bodies, third parties claiming their demands;

2) Other persons. They can file a supervisory complaint in a situation where their legitimate interests and rights have been violated in the course of a judicial decision;

3) The prosecutor. If he participated in the case, then he brings an idea containing information on the revision of the court decision.

The above-mentioned persons must take into account what the terms of consideration of the supervisory complaint may be:

1) The supervisory review court may consider such a document as a supervisory complaint in a civil case, no more than one month in the event that there was no reclamation of the case. If the case has been claimed, the complaint can be considered no more than two months;

2) The Supreme Court of the Russian Federation is entitled to consider such a document as a supervisory complaint in a civil case, within a time limit not exceeding two months. But this applies to the case when the case was not claimed. If the claim of the case was, then the period for consideration of the complaint should not exceed three months;

3) In the case of a document such as a supervisory complaint to the Supreme Court, the chairman of the court may extend the period within which the complaint can be considered, but this period should not exceed two months.

Provisions on the timing of the consideration of a complaint in a civil case are specified in Article 382 of the CCP of the Russian Federation.

Resolutions to the supervisory authority may be appealed for a period of one year. This period is calculated from the moment the enactment enters into force.

In addition to all this, the supervisory complaint in the civil case must contain information:

1) the name of the court to which the complaint was sent. It is necessary to indicate the address of the judicial authority;

2) the name of the applicant. This is his name, the indication of his position in the case (plaintiff, defendant, etc.), the place of his residence;

3) on the names of citizens who participate in the case. In addition, their names, place of residence or location, as well as their legal status , must be indicated;

4) on all courts in which the case was heard on the first, appeal, supervisory authorities;

5) decisions taken by the courts;

6) instructions on the decisions of the courts, which must be appealed;

7) on the arguments that are the basis for the cancellation of the decisions of those courts in which the case was examined.

Supervisory complaint in the civil case must be formalized taking into account the necessary requirements:

1) it is very important to properly formulate requests addressed to the court. However, all requirements must comply with the provisions of the law;

2) the supervisory complaint must contain the word "I ask";

3) after this word, it should be written that the request consists in making a supervisory review of the judicial determination or decision on the complaint (specify specifically) with the aim of sending the complaint materials to another (or new) examination;

4) a document such as a supervisory complaint in a civil case must be accompanied by copies of absolutely all judicial decisions and decisions that have been made and certified by the courts in an appropriate manner;

5) copies of the complaint must be exactly as many as persons participated in the case;

6) the complaint must be signed;

7) after the signature it is necessary to indicate the number.