The administrative statement of claim. Sample administrative application according to CAS RF
In the domestic legislation, the rules are established, according to whichadministrative lawsuits to the court. Let's consider further the basic requirements stipulated by norms. The article will also presenttitles of administrative statements of claim.
After the introduction of the CAS RF, the systemThe court proceedings underwent significant changes. First of all, the rules for registration and presentation of documents to the authorities have been 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 filing claims are set out in Article 125 of the Code. It states thatstatement of claim (administrative)is made 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.Sample administrative complaint, according to CAS, should also contain:
- The name of the instance to which the document is addressed.
- 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.
- Information about the defendant. Here also it is necessary to specify the name. and address of residence (for citizens) or name and address of location, information on state registration (for legal entities), telephone number.
Sample administrative complaint, according to CAS, includes the text in which the person describestheir demands. The claimant must provide information about which rights have been 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.Statement of claim (administrativeor any other) should be clear to people,who will consider it. In this connection it is expedient to use technical means for its compilation. You can, of course, write by hand, but in this case the handwriting should be legible. Anysample of an administrative claimcontains specific requirements for the respondent. When describing them, the interested person should refer to the norms of the legislation. Requests should be clearly and clearly expressed.
For some disputes, legislationestablishes the mandatory procedure for a claim (pre-trial) settlement. In this case, the claim should indicate compliance with it and attach supporting documents to it. If beforefiling an administrative claimappeals against actions / omissions or acts in the order of subordination, 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 are oftenturn to different sorts of territorial, regional or federal bodies with those or other claims. In case of refusal to satisfy any requirement or if there is no response from the power structure, the interested entity may sendadministrative statement of claim. In its design, one important feature should be considered. Composingadministrative statement of claim for challenging decisionsauthorities, a person can apply for the application of protective measures. This will allow to suspend the action of the act complained of. It should be noted thatstatement of claim (administrative)can be sent within three months from the datereceiving a refusal or not receiving 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
Administrative Statement of Claimused as a means of recoveryviolated interests and rights in the preparation of certain documents. For example, a citizen submitted in time all the necessary papers to the registering authority, and his employee unreasonably refuses to accept them. An administrative action to appeal 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,To challenge the actions and decisions of various officials, including FSSP employees. Meanwhile, in a number of cases, such an appeal is aimed at delaying the enforcement process. The bailiff loses time for attending meetings, presenting certain documents at the request of the court. At the same time, the debtor does not fulfill the obligations imposed on him.
As stated above,sample of an administrative claimcontains a list of documents confirming the circumstances referred to in the text. The number of applications includes:
- The notice of delivery or other document,copies of the case materials proving receipt 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.
- A receipt for payment of a fee, an application forgranting of an installment plan / deferral in its 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 a deferment / installment plan.
- 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.
- Papers confirming compliance with the pre-trial (claim) procedure or containing information about the complaint, sent in the order of subordination and the results of its consideration.
- Other documents, the application of which in accordance with the CAS, is mandatory.
Legislation allows the possibility of providing paper in electronic form.
Features of representation
Legislation fixes the list of subjects,who can not act as trustees. It includes prosecutors, investigators, judges and other citizens whose participation in the process is not provided. Representatives present documents confirming the existence of proper education, authority.
Results of consideration
After examining the claims and documents,a decision is made on the administrative claim. 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 moving. It is necessary to accept documents 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. In case of acceptance of the claim, the parties are notified about the time, date and place of the meeting. The authority may bring other persons to the proceedings if the dispute affects their interests. Failure to meet someone in the event of a proper notice will not be an obstacle to the adjournment of the hearing.
Reduced time for sending claims
It has been said above that, when challengingadministrative suits 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:
- Statement of claim for appealof a representative municipal body on self-dissolution, resignation of the head of the Defense Ministry shall be sent within ten days. The calculation is carried out from the date of adoption of the relevant resolution.
- Application for challenging decisions,omissions / actions of the executive structure of regional, 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 the administrative claim in essence can declare a challenge. If no one applies for it, the immediate examination of the claims begins. During the hearing, the parties are entitled to speak, ask questions, give explanations only 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.
In the course of them, to refer to evidence notstudied by the court. However, the law allows a deviation from this rule. If necessary, the judge may make a determination to resume consideration of the case materials. In the debate, 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 order provided in the legislationconsideration of administrative claims 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:
- The need for additional procedural actions. It can be examination, calling a specialist, etc.
- Submission of the request for additional evidence in the case.
- 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.
After the final decision onThis case is given a month for filing an appeal. After that the decision is mandatory for execution. 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, it is necessary to carefully study the norms of legislation, the rules of paperwork. Specialists recommend to seek help from qualified lawyers who have some experience in administrative matters. In addition, it should not be forgotten that in some disputes only persons having the appropriate education can participate.