Art. 131 APC in comparison with the relevant articles of the Code of Civil Procedure more fully regulates the procedure for filing an objection or, if more correct, recalling a lawsuit.
Is it a duty?
What is a response to a lawsuit? This is the written opinion of the defendant on the requirements that the plaintiff has. The law requires an objection to be filed, but does not provide for any sanctions for such a violation.
Does it make sense?
Should I send feedback? The judge resolves the dispute on the basis of the materials available to him. They include documents submitted by the parties, testimonies of witnesses and explanations of the parties.
Although Art. 131 of the agro-industrial complex does not say anything about this, but submitting a review will give a chance to win the case or reduce the amount of the amount claimed.
One statement that the plaintiff’s claims are not true is not enough.
Providing evidence late in the appeal may not give anything, unless there were good reasons. The defendant must act in a timely manner, otherwise his arguments and evidence simply will not be accepted.
If you study the provisions of Art. 131 agribusiness, filing a recall is not paid by state duty.
Fixation of arguments helps to achieve a quality review of the case. In this case, it will be more difficult for the judge to ignore the arguments of the other side.
Deadlines
Has the court set deadlines for submitting a recall? Formally, no, but taking into account the consequences, the law limits the defendant to the scope of the preliminary meeting, during which preparations are made for the consideration of the case. Parties are given time to disclose evidence and arguments.
The judge has the right to postpone the consideration of the dispute on the merits and again give the defendant the opportunity to provide feedback. The reason for this - to consider the matter without taking into account the views of the defendant does not work.
What form is served?
Art. 131 of the APC gives the right to choose how to express their opinion to the court: in writing or in electronic form.
In the first case, a document signed by an authorized person is submitted to the court. Also attached are the documents referred to by the defendant, and evidence of their transfer to a second party.
If you choose the electronic option, a special form is filled in the “My Arbiter” system.
It is easy to find it, in the court ruling on opening a case, there is a link to the case page on the Internet and codes giving access to all the case materials. Only some of the materials are in limited or open access, which many do not know about. And openness concerns, first of all, the documents drawn up by the court.
Information is automatically transmitted to the judge and the rest of the participants in the case. The use of modern technology accelerates the process and eliminates red tape.
Documents in electronic form are certified by electronic digital signature, including a power of attorney, if a representative acts within the framework of the process. Uploading an electronic version of documents to the court’s website is not enough.
Document structure
Art. 131 APC RF describes the recall structure as follows:
- name of the organization of the plaintiff or name, location or residence, if represented by a person;
- information about the defendant (name, address of residence or residence, work, state registration as an individual entrepreneur);
- the essence of the objection for each item;
- list of attached documents;
- request to reject the claim in whole or in part;
- Please request documents if it is not possible to provide them yourself.
Art. 131 of the Arbitration Procedure Code of the Russian Federation also requires the defendant to indicate in the documents email addresses, phone numbers, fax numbers so that the court can send a message if necessary.
Transfer of feedback to participants in the case
It is advisable to send documents as soon as possible by mail. Otherwise, the paper is transferred directly to the courtroom. Some lawyers say that it is necessary to do this in the presence of a judge, while others refer to the need to take a receipt from the receiving party. In another way, the fact of the transfer cannot be recorded.
As for the judge, it is enough for him to transfer the papers through the office, on the remaining copy the mark on the acceptance of the document by the court clerk is put.
Spelling tips
How to make a competent review? As stated above, simply disagreeing with the arguments of the other side is not enough. In Art. 131 of the APC of the Russian Federation with comments indicates the need to refer to laws and other regulations.
In claims, the plaintiff may refer to a legislative act that only partially relates to the dispute in question.
For judges, it is often a revelation to have a special normative act adopted by a local authority or a relevant federal authority. Departmental acts are in the shadow of legal regulation, and only specialists who have been working in the relevant field for a long time are aware of them and their contents.
Another point - often the plaintiff hides certain documents, distorts the circumstances and other facts that are relevant to the dispute.
Formal revocation document style. It sets out facts, links to legislation by indicating their details, using citations from the text.
And what about art. 131 agribusiness and art. 47 Federal Law on insolvency or, more simply, bankruptcy? There is a combination of the norms of the procedural code and the norms of a special law, which establishes the features of a court hearing in a bankruptcy case.
Bankruptcy Claim
Analyzing Art. 131 agribusiness and art. 47 of the Law on Bankruptcy, the following is evident:
- the general provisions of the procedural code apply;
- the insolvency law establishes additional requirements for the procedure and does not fundamentally change it.
Recall materials are sent to the court, creditors (employees, founders, etc.), the tax service, initiating the procedure in court.
The recall sent to the court shall be accompanied by evidence of the direction of the recall with the attached materials to the participants in the process.
The review should also contain the following information:
- structure and amount of debts to employees, the state budget, social funds, creditors;
- information on accounts held in financial institutions;
- information on the existence of enforcement proceedings that are already instituted against the debtor;
- opinion regarding the claims of creditors or other initiators of the lawsuit.
The debtor has the right to attach to the recall or to state in it petitions to the court, in particular, to demand documents, to appoint an examination, etc.
What else are Art. 131 agribusiness and 47 federal laws "On insolvency"?
The judge has the right to consider the case if the defendant does not send a review. However, the refusal to provide a recall may be negatively construed if there are suspicions of evading the bankruptcy procedure.
In another case, there are no problems, unless it is easier for the court to make a decision, which can hardly be canceled later.
Drawing up a review is a serious matter, and you can’t do without the help of a lawyer.