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The administrative statement of claim. Sample administrative application in accordance with the CAS RF

. In the domestic legislation, the rules are established, according to which administrative applications to the court are formalized. Let's consider further the basic requirements stipulated by norms. . The article will also present the titles of administrative lawsuits .

General information

After the introduction of the CAS RF, the judicial system underwent significant changes. First of all, the rules for registration and presentation of documents in the instance were amended. Currently, all administrative disputes are considered in the order established by the CAS. Failure to comply with the requirements stipulated therein entails various consequences, including refusal to review claims and return of documents.

Administrative Statement of Claim: CAS RF

The main rules for processing claims are enshrined in Article 125 of the Code. составляется в письменном виде. It states that the statement of claim (administrative) is drawn up in writing. The mandatory requisite of the document is the signature. It can be put by the applicant himself or his representative. The latter must have the authority, confirmed by the power of attorney. , должен также содержать: A sample of the administrative statement of claim, according to the CAS , should also contain:

  1. The name of the instance to which the document is addressed.
  2. Information about the applicant. Indicate his name, place of residence (if he is a citizen) or the name and address of the location (if they are an organization), phone number. Yurlitsa should also provide data on state registration. Citizens additionally indicate the availability of higher legal education if they plan to participate in cases to which the involvement of a representative is mandatory.
  3. Information about the defendant. It should also specify the name. And address of residence (for citizens) or name and address of location, information on state registration (for legal entities), telephone number.

Content

, включает в себя текст, в котором лицо описывает свои требования. A sample of the administrative statement of claim, according to the CAS , includes the text in which the person describes his requirements. The claimant should provide information about which rights were violated by the respondent, or about the reasons that may lead to infringement of his interests. Experts recommend using a business, official tone, avoid emotionally colored sentences and words. или любое другое) должно быть понятно людям, которые будут его рассматривать. The statement of claim (administrative or any other) should be clear to the people who will consider it. In this regard, it is advisable to use the technical means to compile it. You can, of course, write by hand, but in this case the handwriting should be legible. содержит конкретные требования к ответчику. Any sample of the administrative statement of claim contains specific requirements for the respondent. When they are stated, the interested person should refer to the norms of the legislation. Requests should be expressed clearly and clearly.

Additionally

For some disputes, the law establishes a mandatory procedure for a claim (pre-trial) settlement. In this case, the claim should indicate compliance with it and attach supporting documents to it. обжаловались действия/бездействия или акты в порядке подчиненности, необходимо сообщить об этом. If the actions / omissions or acts in the order of subordination were appealed before filing an administrative claim , it is necessary to report this. At the end of the document, applications are listed, a number and a signature are put.

Administrative statement of claim about challenging decisions of power structures

Citizens and representatives of legal entities often apply to various territorial, regional or federal bodies with various claims. . In case of refusal to satisfy any requirement or if there is no response from the power structure, the interested entity can send an administrative claim . In its design, one important feature should be considered. органов власти, лицо может просить о применении мер защиты. By drafting an administrative statement of claim to contest decisions of the authorities, a person may request the application of protective measures. This will allow to suspend the action of the act complained of. можно направить в трехмесячный срок с даты получения отказа или неполучения ответа на обращение в соответствующий орган. It should be noted that the statement of claim (administrative) can be sent within three months from the date of receipt of the refusal or failure to receive a response to the relevant body. It is extremely undesirable to miss this period. If the reasons for non-observance of the period are respectful, the court can restore it.

Appeal against actions of officials

используется как средство восстановления нарушенных интересов и прав при оформлении тех или иных документов. Administrative statement of claim is used as a means of restoring violated interests and rights in the preparation of certain documents. For example, a citizen presented in time all the necessary papers to the registering authority, and his employee unreasonably refuses to accept them. The administrative action for appealing against the actions of an official is filed in accordance with the procedure established by the norms of Chapter 22 of the Code.

Difficulty in practice

In the framework of administrative proceedings, it is possible to challenge actions and decisions of various officials, including FSSP employees. Meanwhile, in a number of cases, such an appeal is aimed at delaying the enforcement proceedings. The bailiff loses time to attend meetings, present certain documents at the request of the court. The debtor, in turn, at this time does not fulfill the obligations imposed on him.

Apps

содержит перечень документов, подтверждающих обстоятельства, о которых говорится в тексте. As stated above, the sample of the administrative statement of claim contains a list of documents confirming the circumstances referred to in the text. The number of applications includes:

  1. A notice of delivery or other document proving receipt of copies of case materials by other persons involved in the dispute. If copies of the claims and documents attached to them are not sent to other parties, they are submitted to the court by the plaintiff. Their number should correspond to the number of participants. If necessary, copies are sent to the prosecutor.
  2. A receipt for payment of the fee, an application for an installment / deferment in payment, a reduction in the amount or a document confirming the right to a benefit. The amount of deductions is established by law. The application must be accompanied by documents confirming the existence of grounds for reducing the size of the fee, granting deferrals / installments.
  3. The power of attorney or other papers in accordance with which a representative is brought to business. In addition, a document proving the existence of a higher Jurassic is presented. Education.
  4. Papers confirming compliance with the pre-trial (claim) order or containing information about the complaint, sent in the order of subordination and the results of its consideration.
  5. Other documents, the application of which in accordance with the CAS, is mandatory.

Legislation allows for the provision of securities in electronic form.

Features of representation

Legislation fixes a list of subjects that can not act as proxies. It includes prosecutors, investigators, judges and other citizens whose participation in the process is not provided for. Representatives present documents confirming the existence of proper education, authority.

Results of consideration

After examining the claims and documents, a decision on the administrative claim must be made. The grounds for it are regulated in 127-130 articles of the Code. The court can take a claim to its proceedings or refuse to do so, leave it without movement. Documents must be accepted for consideration within three days. After that, for 2 months. The court examines the lawsuit and its annexes. Based on the results of the examination, a corresponding definition is made. If the case is accepted, the parties are notified of the time, date and place of the meeting. The authority has the right to bring other persons to the proceedings if the dispute affects their interests. Failure of anyone to attend the meeting in case of proper notification will not be an obstacle to the adjournment of the hearing.

Reduced time for sending claims

It was said above that, when challenging decisions, an administrative claim can be presented within 2 months. From the date of receipt of the refusal or non receipt of the response to the appeal. However, for certain categories of cases, legislation provides for shorter terms. For example:

  1. The statement of claim for appealing the decision of the representative municipal authority on self-dissolution, resignation of the head of the Defense Ministry is sent within ten days. Calculation is carried out from the date of adoption of the relevant resolution.
  2. The application for challenging the decisions, omissions / actions of the executive structure of the regional and territorial authorities on issues related to the coordination of the time and venue of the meeting, demonstration, picketing, procession, etc., is also filed within 10 days. The same period is also envisaged for appealing against the warnings issued by the said institutions regarding the purpose of the event. The calculation is carried out from the date when the person (organization or citizen) became aware of the infringement of his interests and rights.

Order of proceedings

The hearing begins with a speech by the judge. He checks whether all persons involved in the case are present. After that, the parties are explained their duties and rights. Any participant before the beginning of consideration of an administrative claim in essence can declare a challenge. If no one solicits about it, the immediate examination of the claims begins. During the hearing, the parties are entitled to speak, ask questions, give explanations exclusively with the permission of the judge. After his report, the floor is given to the plaintiff, then to the defendant. The latter are the third parties. After that, the court examines the evidence. If necessary, the parties give explanations.

Debate

In the course of them, to refer to evidence not studied by the court. However, the law allows a deviation from this rule. If necessary, the judge may decide on the resumption of consideration of the case materials. In the debates, the last word always remains with the defendant. After their completion, the court is removed to a special room, where it makes a ruling on the merits of the case.

Adjournment of proceedings

The procedure for considering administrative claims provided for in legislation is considered to be a very effective and expeditious way of restoring violated interests and rights. Meanwhile, in some cases the proceedings may be postponed. The basis for such a decision can be:

  1. The need for additional procedural actions. It can be examination, calling a specialist, etc.
  2. Submission of the request for additional evidence in the case.
  3. The absence of a person whose presence is included in the mandatory meeting conditions, provided that he was duly notified of the hearing.

In case of adjournment of the proceedings, the court shall issue a ruling. In it, he indicates the new time and date of the hearing.

Conclusion

After the final decision on the case is considered, a month is given for filing an appeal. After that, the decision is binding for execution. CAS is considered a relatively new Code, so in practice there are difficulties in filing administrative claims. In order to avoid the return of documents, it is necessary to carefully study the norms of legislation, the rules of paperwork. Specialists recommend to seek help from qualified lawyers with some experience in administrative matters. In addition, it should not be forgotten that in some disputes only persons having the appropriate education can participate.

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