Civil procedural law. The concept and tasks of production in the supervisory authority (the most important)

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Civil procedural law. The concept and tasks of production in the supervisory authority (the most important)

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70. CONCEPT AND OBJECTIVES OF PRODUCTION AT THE SUPERVISORY AUTHORITY

Supervisory proceedings - the exceptional stage of the civil process, at which the competent court, on the basis of a complaint or presentation of persons authorized to do so, checks the legality and validity of the decisions, rulings and resolutions of the courts of first instance that have entered into legal force, as well as rulings and resolutions issued by the courts in the cassation, appellate procedure.

Subject of supervisory proceedings - a court decision that has entered into force.

Decisions or rulings that have entered into legal force, for various reasons, may turn out to be incorrect even after revision in cassation. There are also cases when a court decision that has entered into legal force or a ruling that has not been appealed in a timely manner in a cassation procedure is incorrect.

Depending on the circumstances that necessitate the correction of court decisions and rulings that have entered into force, they may be revised. by way of supervision or due to newly discovered circumstances.

Supervisory proceedings are initiated by the parties and other persons participating in the case, who are entitled to apply directly to the supervisory court with a complaint against decisions and rulings that have entered into legal force.

Judicial decisions may be appealed to a court of supervisory authority within one year from the date of their entry into force.

The essence of review of cases by way of supervision. Authorized courts verify the legality of decisions and rulings that have entered into legal force after a preliminary verification of supervisory complaints of persons participating in the case, including the prosecutor, if he participated in the case.

The difference between a complaint and a submission only in the fact that the prosecutor's appeal is called a presentation. In essence, the presentation of the prosecutor does not differ from the complaint, since it is possible only if the prosecutor participated in the case and is checked in the supervisory authority in the same way as the complaints of the parties and other persons participating in the case, before the case is transferred to the supervisory authority.

At the stage of supervision, additional verification of the legality of judicial decisions and the possibility of correcting judicial errors are provided.

Revision of decisions and rulings that have entered into legal force, is a specific stage of civil proceedings. It is not related to the review of decisions in cassation and appeal. The supervisory authority can consider the case from the moment the decision enters into legal force.

This stage is a guarantee of the exercise of rights and protection of legitimate interests.

The Supervision Institute performs a number of tasks:

1) by checking the legality of judicial acts that have entered into legal force, the supervisory authority eliminates judicial errors, thereby protecting violated rights and interests;

2) after considering civil cases by way of supervision, summarizing the mistakes made by the lower courts, the court of the supervisory instance forms judicial practice for the purpose of uniform and correct application of substantive and procedural law by the courts.

Author: Gatin A.M.

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