supervisory appeal in a civil case - is one way to control the legality of the decisions handed down by the court.This document is an opportunity to review the many court decisions (or decisions) of their cases.
Consideration of complaints resolved by the Head at number 41 of the Civil Code of the Russian Federation.
supervisory appeal may submit:
1) Persons who are parties in the case.And it is the defendant, the plaintiff and their representatives, local authorities and state agencies, third parties, stating their demands;
2) Other persons.They can file a supervisory appeal in that situation, if their legitimate interests and rights have been violated in the course of a court order;
3) The Prosecutor.If he was in, he brings a representation containing information on the revision of the court ruling.
The above should take into account what might be terms of consideration for supervisory review:
1) The supervisory authority may consider the document as a supervisory appeal in a civil case, not more than one month in the event that there was no certiorari.If it was reclaimed, the complaint may be considered no more than two months;
2) The Supreme Court may consider the document as a supervisory appeal in a civil case, within a period not exceeding two months of time.But this applies to the case when it has not been demanded.If certiorari was the period of the complaint should not exceed three months;
3) If it is a term of an instrument such as supervisory appeal to the Supreme Court, the President of the Court shall be entitled to extend the time period within which a complaint may be considered, but this period shall not be more than two months.
provisions on the timing of the complaint in a civil case referred to in article 382 Code of Civil Procedure of the Russian Federation.
judgment supervisory authority may be appealed within a period of one year.This period is calculated from the date of entry into force of regulations.
addition to all this, the supervisory appeal in a civil case must contain information:
1) name of the court, who filed a complaint.It should specify the address of the judicial authority;
2) name of the applicant.That's his name, an indication of its position in the (plaintiff, defendant, and others.), His place of residence;
3) the name of the citizens who are involved in the present case.In addition, you must include the full name, residence or seat, and the legal status;
4) for all vessels in which the case of the first, appellate, supervisory authorities;
5) of the decisions handed down judgments;
6) an indication of the court decisions that have to appeal;
7) of the arguments that are the basis for the cancellation of the decisions of the courts, which considered the case.
supervisory appeal in a civil case must be designed taking into account the necessary requirements:
1) is very important to formulate a request addressed to the court.Thus all requirements must comply with the provisions of the law;
2) in a supervisory complaint must be present word "ask";
3) after the word should be written that the request is in the product review, the court ruling or a decision on the statute of the complaint (specify) to guide the materials to another complaint (or new) Review;
4) to such a document as supervisory appeal in a civil case, must be accompanied by copies of absolutely all judgments and decisions that were made and certified by the appropriate courts;
5) copies of the application must be exactly as long as the persons involved in the case;
6) the complaint must be signed by;
7) after the signature is necessary to specify the number.
