Most of the complaints filed with the court are considered exclusively by persons directly related to the case. So, for example, this applies to appeals and cassation complaints. A supervisory complaint can be drawn up and filed with the court by any person whose rights were somehow violated as a result of the investigation, case. The main thing to remember when filing a supervisory complaint if you are not directly related to the case is to clearly articulate your rights that have been infringed upon.
Instructions
Step 1
The requirements for filing supervisory complaints have not changed for many years. Start writing a supervisory complaint with the so-called "header". Place it in the upper right corner and indicate in it the name of the court where the supervisory authority is located. This is necessary because, unlike other types of complaints, a supervisory complaint is filed with a supervisory justice court. Also in the "header" indicate who exactly is filing this complaint, the complainant's place of residence and attitude to the case under consideration.
Step 2
Next, write the text of the complaint itself. At the beginning of the main text, list all courts in which previous complaints in this case were heard, if any, and also describe in detail all decisions made in relation to the complaints filed. After a detailed description of the background of your complaint, clearly indicate which decisions of the courts do not suit you and which of them you are filing your supervisory complaint with.
Step 3
This point in writing your supervisory complaint will be the most difficult. Here you need to have some experience in writing such documents and some knowledge in the field of legal proceedings. Indeed, in the complaint it is necessary to correctly and convincingly point out specific significant violations of the law that were admitted during the conduct of the case and the consideration of complaints by the courts. Describing the observed violations in the supervisory complaint, keep in mind that the court will take into account only those violations that directly influenced the outcome of the case. And your claims will be considered and satisfied only if the bailiffs decide that without the elimination of the violations of the law indicated by you, it will be impossible to restore and protect the violated rights, freedoms and interests.
Step 4
End your supervisory complaint with a request. Before you formulate it, write a few options on the draft, and remember that if you ask for something that the court cannot do, the complaint will not succeed. And you can determine the possibilities of the court by common sense and the Civil Procedure Code.
