The comments on article 167 of the Code of Civil Procedure of the Russian Federation on the reasons for the postponement of the hearing say how difficult it is to carry out the preparation of the proceedings due to the failure to appear of the participants. In accordance with Article 161 of the Code of Civil Procedure of the Russian Federation, the appearance of the persons present must be checked as soon as the meeting opens. All citizens who participate in the conflict are informed of the opening of legal proceedings, the time, place of the hearing.
Verify the timing of delivery of notices to addresses so that the appearance of the defendants was timely. Legislative provisions reflect the condition when notifications are sent in violation. In this case, the case will be postponed. This will serve, as stated in Article 167 of the Code of Civil Procedure of the Russian Federation, the reason for the postponement of the hearing.
Why is turnout so important?
It cannot be argued that it is common for all citizens to resolve their disputes in the courts. Lawyers recommend smoothing disputes around the world, and the first question from the judge during the meeting will be whether this procedure was carried out, what are its results? Although put up with a violation of their own interests is not worth it. After unsuccessful attempts to negotiate with an opponent, you should contact the court for help.
In order to avoid incidents, you need to familiarize yourself with the statements of Article 167 of the Code of Civil Procedure of the Russian Federation on the reasons for the postponement of the hearing. The process procedure is a long, complex and phased event. No one needs breakdowns of the meetings because of the circumstances that have occurred in the defendants in the case, especially if they ignored the appearance in the courtroom.
Without good reason, the participants will stretch the process for a long time, because without them the meeting will not start. This provision clearly reveals the Code of Civil Procedure of the Russian Federation in legislative acts. It is necessary to clearly understand what guidance article 167 of the Code of Civil Procedure of the Russian Federation provides on the reasons for the postponement of the hearing, which the judge recognizes as valid.
Order for the process
No trial of a case begins without preliminary hearings. The court organizes the process so that the plaintiff and defendant can communicate in it in an adversarial manner, where each:
- provides its own arguments;
- substantiates its position on the issues under consideration in the case;
- objections.
Participation in the court session is mandatory for all parties, the absence leads to legal consequences. Such requirements also apply to witnesses in order not to be held administratively liable.
How to ensure turnout?
The judicial office has its own staffing table, where the secretary, who is present at the hearings during the hearing of cases, is included in this staff and is engaged in sending out summons to all participants. Such a notice is a good reason for the boss to grant a request for time off for work. Messages are sent in the traditional way using mail services. Until the person signs the receipt of the summons, it is not considered that the proper notice of the civil process of the participant has been completed.
If a citizen is not sure that he will be able to attend the hearing, you need to have respect for the court. In time to warn court assessors are primarily obligated by civil principles and conscience. The use of coercive measures for the delivery of persons whose presence is necessary for the trial is possible for criminal offenses. In other cases, it is sufficient to file a motion to suspend proceedings in a civil case. On condition:
- the participant is interested that a verdict would not be rendered without him;
- There are good reasons for not being in the process.
If the court does not receive any statements, the result depends on the industry of paperwork:
- civilian;
- criminal;
- administrative.
If the petition is filed in time to suspend the civil proceedings, the court will consider the reasons, refuse or satisfy the request.
What grounds are valid?
In the right of the court to take into account the circumstances that prevented the participant from attending the meeting and consider them good reasons. For this reason must be respectful and documented. For example:
- there was no subpoena or notification was received inappropriately;
- the participant or close relatives fell ill;
- deaths, funerals of relatives and friends;
- household unforeseen circumstances - broke a pipe, a fire occurred in the wiring;
- the person involved was on vacation, a business trip and was far from the region.
The court does not accept allegations:
- extreme forgetfulness;
- lack of funds for travel;
- employer refusal to provide time off.
The head of the enterprise must release the employee from the place of work if he is presented with a subpoena for familiarization, a sample of which can be studied further.
Court right
Interesting details are disclosed by Art. 167 Code of Civil Procedure of the Russian Federation with comments. The new edition of the article approved the following provisions:
- participants are obliged to notify the courts of their absence and provide documentary evidence regarding the reasons that prevented the appearance;
- consideration of cases is automatically postponed in the absence of defendants in the case and notifications from them.
The judge has every right:
- postpone the case or consider it without an absent participant;
- recognize the reasons as valid;
- refuse to recognize the weight of the information.
Plaintiffs and defendants themselves should be interested in the outcome of the process. If the judge decides to accept and pronounce the verdict without persons who did not bother to warn the assessors in advance, no violations will be detected.
Opportunities in the case
According to the law, the rights and obligations of participants in civil proceedings are equal. They can go to court if something prevents them from appearing:
- to petition to consider the case without their presence;
- with a request to postpone the trial for a certain time - until recovery, elimination of emergency consequences, return from a business trip;
- with a request for sending a copy of the court decision to the registration address.
The submitted applications will be considered, recorded in the minutes.
Details from the commentary on the law
On the one hand, a legal act indicates that a judge cannot demand the mandatory participation of the parties if a request of this kind is received from them. But in the comments to Art. 167 it is emphasized that if the civil procedural legislation contains an indication of the mandatory presence of the defendants, the judge recognizes the appearance of mandatory. Previously, the law allowed the court to consider cases, whether there is an applicant, a defendant or not, now the sixth part connected the postponement of proceedings and the reason for the participant’s failure to appear.
Interesting Facts
A separate section in the legislative act is devoted to the consequences of the failure to appear at the hearing of the persons participating in the case, their representatives. The result depends on factors:
- information in the notice;
- good reasons, their recognition as such.
To put it simply, the court must provide the subpoena in time:
- plaintiff;
- the defendant;
- witnesses.
Upon receipt of the notice, the participants sign and must attend the meeting on time or warn in writing of their absence. Each participant has the same requirements and conditions, even the defendant. If he is not interested in the final result, the court without him will pronounce a verdict and make an appropriate decision. The plaintiffs have a different procedure. For the first time, the court postpones the process if the applicant failed to appear for consideration of his question without explanation of reasons.
With a secondary neglect of the meeting, the case is closed. Representatives of the law also apply. Testimony is usually pre-recorded in the minutes. Therefore, if the court decides that this is not enough, it may demand its presence, if the facts are sufficient, it will be relieved of such duties.
What consequences?
It is clear that the outcome of the decision in the case depends on the victims, defendants and key witnesses. The court will regard the systematic failure to appear on the administrative process as disrespect for it, and will punish it with a fine. In 2019, amendments to Art. 122 APC of the Russian Federation, where the sizes of fines are established:
- state bodies - 100,000 rubles.
- organizations with state and public powers - 80,000 rubles.
- legal entities - 50,000 rubles.
- to officials - 30,000 rubles.
- state and municipal employees - 10,000 rubles.
- individuals - 5,000 rubles.
Penalties do not exempt citizens from being present at the hearing.
The special attitude in courts to criminal cases. The failure of the defendant to appear without prior warning shall be deemed guilty. If the suspect is found to be accused, he will be forcibly brought to a custody meeting. If serious offenses are considered, even the victims must be obligatory when considering cases. Special cases under Article 24 of the Code of Criminal Procedure of the Russian Federation are terminated, as in civil proceedings.
Provided that the plaintiff, without explaining the reasons, misses the trial twice, the case with the criminal prosecution of the accused persons is sometimes closed. The following should be taken into account: in criminal and civil cases it is forbidden to re-appeal on one issue, which was disrupted by the failure to appear at the meeting.