The statement of claim is administrative. Sample administrative statement of claim according to CAS RF

The domestic legislation establishes the rules by which administrative statements of claim are filed in court . Let us further consider the basic requirements stipulated by the norms. The article will also be presented about the brazov administrative claims .

General information

After the introduction of the CAS RF, the judicial system has undergone significant changes. First of all, the rules for processing and presenting documents at the court were adjusted. Currently, all administrative disputes are considered in the manner established by CAS. Failure to comply with the requirements stipulated in it entails various consequences, including the refusal to consider claims and the return of documents.

Administrative claim: CAS RF

The basic rules for processing claims are enshrined in article 125 of the Code. It indicates that the statement of claim (administrative) is made in writing. Mandatory requisite of the document is a signature. It can be put by the applicant himself or his representative. The latter must have authority to this, confirmed by a power of attorney. Sample administrative claim , according to CAS , should also contain:

1. The name of the authority to which the document is addressed.
2. Information about the applicant. Indicate his full name, place of residence (if he is a citizen) or the name and address of the location (if he is the organization), phone number. Legal entities should also provide data on state registration. Citizens additionally indicate information about 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. Here you should also indicate your full name and the address of residence (for citizens) or the name and address of location, information on state registration (for legal entities), phone number.
   

Content

The model administrative statement of claim , according to CAS , includes a text in which the person describes his claims. The claimant must provide information about which rights were violated by the defendant, or about the reasons that could lead to infringement of his interests. Experts recommend using a business, official tone, avoiding emotionally colored sentences and words. 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 for its preparation. You can, of course, write by hand, but in this case, the handwriting should be legible. Any sample administrative claim contains specific requirements for the defendant. When describing them, the interested person should refer to the norms of the law. Requests must be expressed clearly and clearly.

Additionally

For some disputes, the legislation establishes the mandatory procedure for claim (pre-trial) settlement. In this case, the claim should indicate compliance with it and attach supporting documents to it. If actions / omissions or acts were submitted in order of subordination 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 challenging decisions of power structures

Citizens and representatives of legal entities quite often apply to various kinds of territorial, regional or federal bodies with certain claims. In case of refusal to satisfy any requirement or in case of non-receipt of a response from the power structure, the interested entity may send an administrative statement of claim . When you design it, you should consider one important feature. When preparing an administrative statement of claim challenging decisions of authorities, a person may request the application of protective measures. This will suspend the effect of the appealed act. 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 non-receipt of a response to the appeal to the appropriate authority. Skipping this period is highly undesirable. If the reasons for non-compliance with the term are valid, the court may restore it.

Appeal against the actions of officials

An 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 on time all the necessary papers to the registration authority, and his employee unreasonably refuses to accept them. An administrative claim for appealing against an official’s actions is filed in the manner established by the norms of Chapter 22 of the Code.

Difficulty in practice

In the framework of administrative proceedings, it is possible to challenge the actions and decisions of various officials, including FSSP employees. Meanwhile, in some cases, such an appeal is aimed at delaying the enforcement proceedings. The bailiff loses time attending meetings, presenting various documents at the request of the court. The debtor, in turn, at this time does not fulfill its obligations.

Applications

As mentioned above, the sample administrative statement of claim contains a list of documents confirming the circumstances referred to in the text. Applications include:

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

Legislation allows for the provision of electronic papers.

Representative Features

The legislation establishes a list of entities that cannot act as proxies. It includes prosecutors, investigators, judges and other citizens, participation in the process of which is not provided. Representatives present documents confirming the availability of proper education and authority.

Review Results

After studying the claims and documents, a decision should be made on the administrative statement of claim. The grounds for it are regulated in 127-130 articles of the Code. The court may accept the claim to its production or refuse it, leave it motionless. It is necessary to take documents for consideration within three days. After that, for 2 months. the court is studying the claim and its annexes. Based on the results of the review, an appropriate determination is made. If the claim is accepted, the parties are notified of the time, date and place of the meeting. The institution has the right to bring other persons to the proceedings if the dispute affects their interests. Failure to appear at the meeting if properly notified will not be an obstacle to the adjournment of the hearing.

Reduced Claims

It was said above that, in contesting decisions, an administrative claim can be brought within 2 months. from the date of receipt of the refusal or non-receipt of the response to the appeal. However, for some categories of cases, legislation provides for reduced time frames. For example:

1. The statement of claim on appealing against the decision of the representative municipal body on self-dissolution, dismissal of the head of the Moscow Region is sent within ten days. Calculation is carried out from the date of adoption of the relevant resolution.
2. An application for contesting decisions, omissions / actions of the executive structure of the regional, territorial authority on issues relating to the coordination of the time and place of the meeting, demonstrations, pickets, processions, etc., shall also be submitted within 10 days. The same period is provided for appealing against warnings issued by the indicated authorities regarding the purpose of the event. 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 the judge's speech. He checks whether all persons involved in the case are present. After that, the parties are explained the duties and rights. Any participant prior to the consideration of the administrative claim on the merits may declare a challenge. If no one solicits for it, a direct examination of the claims begins. During the hearing, the parties may speak, ask questions, give explanations only with the permission of the judge. After his report, the word is given to the plaintiff, then to the defendant. Third parties are the last. After that, the court examines the evidence presented. If necessary, the parties provide an explanation.

Debate

During them, refer to evidence not studied by the court. However, the law allows a derogation from this rule. If necessary, the judge may decide to resume consideration of the case file. In the debate, the last word always remains with the defendant. After their completion, the court retires to a special room where it issues a decision 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 efficient way to restore violated interests and rights. Meanwhile, in some cases, proceedings may be adjourned. The reasons for this decision may be:

1. The need for additional procedural steps. This may be an examination, a specialist call, etc.
2. Submission by the party of a petition for the demand for additional evidence in the case.
3. The failure to appear of a person whose presence is included in the prerequisites for the meeting, provided that he has been duly notified of the hearing.

In the event of adjournment of the proceedings, the court shall render a determination. In it, he indicates the new time and date of the hearing.

Conclusion

After the final decision on the reviewed case is made, a month is given to appeal. After which the decision is binding. CAS RF is considered a relatively new Code, so in practice there are difficulties in filing administrative claims. In order to avoid the return of documents, you should carefully study the norms of legislation, the rules of paperwork. Specialists recommend seeking help from qualified lawyers with some experience in administrative matters. In addition, we should not forget that in some disputes only persons with the appropriate education can participate.