Lecture No. 9. Litigation

1. Preparing the case for trial

Preparing a case for trial is an independent and mandatory stage of the civil process. After the acceptance of the statement of claim and the decision by the judge to initiate civil proceedings in the case, the next stage of the civil process begins - preparing a case for trial. The judge issues a ruling on the preparation of the case for trial and in his ruling indicates the actions to be taken by the parties, other persons participating in the case in order to ensure the correct and timely consideration and resolution of the case.

Preparing a case for trial as a stage of the civil process pursues the following goals and objectives according to Art. 148 Code of Civil Procedure of the Russian Federation:

1) clarification of the factual circumstances that are important for the correct resolution of the case;

2) determination of the law to be followed in resolving the case, and establishment of legal relations between the parties;

3) resolving the issue of the composition of the persons participating in the case and other participants in the process;

4) presentation of the necessary evidence by the parties, other persons participating in the case;

5) possible reconciliation of the parties.

At the stage of preparing the case for trial, the parties must perform procedural actions determined by procedural legislation. The plaintiff or his representative must provide the defendant with copies of evidence substantiating the factual grounds for the claim; file petitions before the judge to demand evidence that he cannot obtain on his own without the help of the court. In turn, the defendant or his representative, if necessary, clarify the claims of the plaintiff and the factual grounds for these claims; present to the plaintiff or his representative and the court objections in writing regarding the claims; transfer to the plaintiff or his representative and the judge the evidence substantiating the objections to the claim. They also have the right to file petitions before the judge for the reclamation of evidence that cannot be obtained on their own without the help of the court.

In addition to the parties, the court must also prepare for the trial, i.e., carry out those actions that, when considering the case on the merits, will help the judge make a correct, and most importantly, a lawful and justified decision (Article 150 of the Code of Civil Procedure of the Russian Federation).

When preparing a case for trial, the court:

1) explain to the parties their procedural rights and obligations;

2) question the plaintiff or his representative on the merits of the stated claims and propose, if necessary, to submit additional evidence within a certain period of time;

3) interrogates the defendant on the circumstances of the case, finds out what objections there are regarding the claim and what evidence these objections can be confirmed;

4) resolves the issue of co-plaintiffs, co-defendants and third parties joining the case without independent claims regarding the subject of the dispute, and also resolves issues of replacing an improper defendant, joining and separating claims;

5) takes measures to conclude a settlement agreement between the parties and explains to the parties their right to apply for a dispute resolution to an arbitration court and the consequences of such actions;

6) notify the citizens or organizations interested in the outcome of the case about the time and place of the trial;

7) resolve the issue of calling witnesses;

8) appoints an examination and an expert to conduct it, and also resolves the issue of involving a specialist, a translator in the process;

9) at the request of the parties, other persons participating in the case, their representatives, demand from organizations or citizens evidence that the parties or their representatives cannot obtain on their own;

10) in cases of urgency, carry out, with notification of the persons participating in the case, an on-site inspection of written and material evidence;

11) send letters of request;

12) take measures to secure the claim;

13) resolves the issue of holding a preliminary court session, its time and place;

14) perform other necessary procedural actions.

In civil proceedings, in some cases it becomes necessary to obtain evidence at the request of one of the parties located in another area or city. The court hearing the case instructs the relevant court in whose territory the evidence is located to carry out certain procedural actions. In this case, the court that has ordered the conduct of procedural actions on behalf of the court issues a ruling that briefly outlines the content of the case under consideration and indicates information about the parties, their place of residence or their location, the circumstances to be clarified, and the evidence that the court carrying out the request must collect. It should be noted that this order is binding on the court to which it is addressed.

The civil procedural legislation establishes the period within which a court order must be executed - 1 month from the date of receipt of the court order. Sending a letter of request may be grounds for suspending the proceedings. The court, which received a court order to conduct procedural actions, carries out the court order and conducts a court hearing according to the rules established by civil procedural legislation. Persons participating in the case are duly notified of the place and time of the court hearing. However, the failure of persons participating in the case to appear is not an obstacle to the execution of a court order. When executing a letter of request, all protocols drawn up and evidence collected are immediately sent to the court hearing the case.

At the stage of preparing the case for trial, a court session may be held, it is in accordance with Art. 152 Code of Civil Procedure of the Russian Federation will be called "preliminary hearing". The purpose of the preliminary court session is to consolidate the procedural actions of the parties committed in preparing the case for trial, to determine the circumstances that are important for the correct consideration and resolution of the case, to determine the sufficiency of evidence in the case, to study the facts of missing the deadlines for applying to the court and the limitation periods.

The preliminary hearing is conducted by a single judge. The parties are notified of the time and place of the preliminary court hearing. The parties at the preliminary court hearing have the right to present evidence, present arguments, and make motions. In complex cases, taking into account the opinions of the parties, the judge may set a period for holding a preliminary court hearing that goes beyond the time limits established by procedural legislation for the consideration and resolution of cases. If there are circumstances that provide grounds for suspension and termination of the proceedings, the proceedings in the case at the preliminary court hearing may be suspended or terminated, and the application left without consideration. When deciding to suspend or terminate proceedings in a case, the judge issues a ruling against which a private complaint can be filed.

In a preliminary court session, the objection of the defendant regarding the absence by the plaintiff without good reason of the limitation period for the protection of the right and the period established by civil law for applying to the court may be considered.

When it is established that the statute of limitations or the deadline for going to court was missed without good reason, the judge decides to dismiss the claim without examining other factual circumstances in the case. The decision of the court can also be appealed in the appellate or cassation procedure.

Civil procedural legislation enshrined protocol obligatory principle. According to Art. 228 of the Code of Civil Procedure of the Russian Federation during each court session of the court of first instance, as well as when each procedural action is performed outside the court session, a protocol is drawn up, including at the preliminary session, the protocol of the preliminary session is drawn up in accordance with the provisions provided for in Art. 229 and 230 Code of Civil Procedure of the Russian Federation.

After the preliminary preparation of the case for trial, when the judge makes a decision that the case is prepared for consideration on the merits, the judge issues a ruling appointing the case for trial. The parties, persons participating in the case, other participants in the civil process are duly notified of the place and time of the trial and consideration of the case on the merits.

2. Litigation

Litigation is one of the important stages of the civil process, since it is at this stage that the main task of civil proceedings is realized - the protection of violated or contested rights, freedoms and legitimate interests of participants in the civil process. Exactly on At this stage, by issuing a decision, the court restores the rights and protects the legally protected interests.

The initiation of civil proceedings on a case and the preparation of a case for trial are the organizational stages of a civil process. It is at these stages that the parties present the necessary evidence to the court, petitions are filed, the possibility of securing a claim by the court is realized, court orders are executed so that at the trial stage the judge does not dwell on organizational issues, but proceeds immediately to direct resolution and consideration of the case on the merits, more precisely, to protect the violated or disputed right and legitimate interest of the person.

The procedural law provides term for consideration and resolution of a civil case on the merits: for courts of general jurisdiction, the period is 2 months, and for justices of the peace, the period during which the case must be considered is determined at 1 month. Such a distinction is due to the categories of complexity of cases that are assigned to one or another court in accordance with jurisdiction.

The federal law or the norms of the civil procedural legislation may establish a reduced term for the trial. For example, part 2 of Art. 154 of the Code of Civil Procedure of the Russian Federation indicates that cases of reinstatement at work, the recovery of alimony are considered and resolved before the expiration of a month.

The trial of a civil case takes place in a court session with the obligatory notification of the persons participating in the case of the time and place of the session.

The trial is conducted by a single judge. In cases provided for by procedural legislation, the court hearing is held in a collegial composition. It is worth noting that the court hearing is always conducted by the magistrate alone. In a collegial hearing of a case, the court consists of three professional judges, one of whom is the presiding judge. According to Art. 156 of the Code of Civil Procedure of the Russian Federation, the presiding judge presides over the court hearing, creates conditions for a comprehensive and complete examination of the evidence and circumstances of the case, and eliminates from the trial everything that is not related to the case under consideration.

In case of objections of any of the participants in the proceedings regarding the actions of the presiding judge, these objections are recorded in the protocol of the court session. The presiding judge gives explanations regarding his actions, and during the collegiate consideration of the case, explanations are given by the entire composition of the court. The presiding judge takes the necessary measures to ensure proper order in the court session. The orders of the presiding judge are obligatory for all participants in the process, as well as for citizens present in the courtroom.

Consideration of the case on the merits in civil proceedings takes place with strict observance principles of immediacy of the examination of evidence in court, for which it is necessary to hear the explanations of the parties and third parties, the testimony of witnesses, expert opinions, consultations and explanations of specialists, read written evidence, examine material evidence, listen to audio recordings and watch video recordings. The court session is held orally, while the entire course of the trial is recorded in the minutes of the court session, which is also written evidence.

The trial is conducted with the same composition of judges. Through this provision, the constitutional principle of irremovability of judges is implemented (Article 121 of the Constitution of the Russian Federation). The powers of a judge may be terminated or suspended only in the manner and on the grounds provided for by the Federal Law on the Status of Judges in the Russian Federation. If grounds arise for the removal or replacement of one of the judges during the consideration of a case, the proceedings must be carried out from the very beginning. An important principle directly related to litigation is the principle of continuity. Part 3 Art. 157 of the Code of Civil Procedure of the Russian Federation states that the court hearing in each case takes place continuously, with the exception of the time designated for rest. Until the end of the consideration of the initiated case or until the adjournment of its proceedings, the court has no right to consider other civil, criminal and administrative cases. This rule is mandatory for the court and should not be violated during civil proceedings.

The question arises as to whether a judge, during a break in a trial in a civil case (action proceedings, proceedings in cases arising from public legal relations, special proceedings, etc.), can issue a court order? Writ proceedings have a significant difference from other types of civil proceedings - there is no stage of consideration and resolution of the case on the merits. However, this does not give judges the right to make an exception to the general rule. The law provides for an imperative norm that cannot be violated, therefore, even the issuance of an order during a break of judges should not take place. Signing a court order or other document in violation of Art. 157 Code of Civil Procedure of the Russian Federation, i.e. during the conduct of another case, can be considered as a gross violation of procedural norms, and a judgment issued by a judge may be canceled by a higher court.

The trial can be divided into several components: the preparatory part, the investigation of the circumstances of the case, the conclusion of the prosecutor, the representative of the state body or the representative of the local self-government body, judicial debate, the ruling and announcement of the court decision.

There is a certain procedure for the trial, established by Art. 158 Code of Civil Procedure of the Russian Federation. When the judges enter the courtroom, all those present in the hall stand up. The announcement of the court decision, as well as the announcement of the court ruling, which ends the case without a decision, all those present in the courtroom listen while standing. The participants in the process address the judges with the words "Dear court!", and they give their testimony and explanations while standing. Deviations from this rule may be allowed with the permission of the chairman. For example, due to physical condition, age, etc.

At the time appointed for the trial of the case, the presiding judge opens the court session and announces which civil case is to be considered.

The preparatory part of the court session includes the following provisions. The secretary of the court session checks the attendance of all persons who have appeared, and also announces the reasons for the absence of persons who have been duly notified.

In turn, the presiding judge establishes the identity of the persons participating in the case, checks the powers of officials, as well as the properly executed powers of representatives.

After checking the persons who have appeared in court, the court explains to the persons participating in the case their procedural rights and procedural obligations. In practice, there is such a situation that the procedural rights and obligations are printed on the reverse side of the court notice. It is assumed that, upon receiving a notice, a person must become familiar with his procedural rights and obligations in order not to waste time on this in a court session. However, such actions are not legal. The court must at the beginning of the trial on the case once again explain and determine the range of procedural rights and obligations of the persons participating in the case.

Need to define range of consequences in case of non-appearance of persons participating in the case at the court session (Article 167 of the Code of Civil Procedure of the Russian Federation):

1) if any of the persons participating in the case fails to appear at the court session, in respect of whom there is no information about their notification, the trial of the case is postponed;

2) if the persons participating in the case are notified of the time and place of the court session, the court shall postpone the trial of the case if the reasons for their failure to appear are recognized as valid;

3) the court has the right to consider the case in the event of non-appearance of any of the persons participating in the case and notified of the time and place of the court session, if they do not provide information on the reasons for non-appearance or the court recognizes the reasons for their non-appearance as disrespectful;

4) the court has the right to consider the case in the absence of the defendant, notified of the time and place of the court session, if he did not inform the court about the valid reasons for the absence and did not ask to consider the case in his absence;

5) the parties have the right to ask the court to consider the case in their absence and send them copies of the court decision;

6) the court may postpone the trial of the case at the request of the person participating in the case, due to the absence of his representative for a good reason.

After all the preparatory actions have been taken, the consideration of the case on the merits begins. Then the presiding judge finds out whether the plaintiff supports his claims, whether the defendant recognizes the claims of the plaintiff and whether the parties do not want to end the case by concluding a settlement agreement. If the parties express a desire to conclude a settlement agreement, the court shall issue a ruling on the approval of the settlement agreement and termination of the proceedings. If the parties to these procedural actions have submitted a refusal, then the consideration of the case on the merits continues.

The next part of the court session is characterized by an examination of the circumstances of the case, i.e., explanations of the parties and third parties are heard, witnesses are interrogated (moreover, the witnesses who appear are removed from the courtroom, and the presiding judge takes measures to ensure that the interrogated witnesses do not communicate with underexamined witnesses), written and physical evidence is examined, as well as their examination, audio or video recordings are played and its examination is carried out.

After examining all the evidence, the presiding judge gives the floor for an opinion on the case to the prosecutor, representative of the state body or representative of the local self-government body participating in the process. Finds out from other persons participating in the case, their representatives, whether they wish to make additional explanations. In the absence of such statements, the presiding judge declares the consideration of the case essentially completed, and the court proceeds to judicial debate (Article 189 of the Code of Civil Procedure of the Russian Federation).

In judicial debate, the persons participating in the case express their opinion on the study of evidence, on the completeness of the evidence presented, on the correctness and legality of the trial in the case, etc. It must be remembered that the prosecutor, representatives of state bodies, bodies are the first to participate in the debate. local self-government, organizations and citizens who applied to the court for the protection of the rights and legitimate interests of other persons. If the above persons did not participate in the case, then the plaintiff and his representative are the first to participate in the debate. The right of the last remark always belongs to the defendant, his representative.

The trial of a civil case ends with the removal of the court to the deliberation room for the issuance of a judgment. According to Art. 193 Code of Civil Procedure of the Russian Federation after the adoption and signing of the decision, the court returns to the courtroom, where the presiding judge or one of the judges announces the decision of the court. Then the presiding judge orally explains the content of the court decision, the procedure and term for its appeal. When announcing only the operative part of the court decision, the presiding judge is obliged to explain when the persons participating in the case and their representatives can familiarize themselves with the reasoned court decision.

During the court session, all persons present must observe the proper order and not interfere with persons who are taking photographs and videotapes permitted by the court, broadcasting the court session on radio and television. It should be noted that all actions in the courtroom are carried out only with the permission of the presiding judge.

These actions must be carried out at the places indicated by the court in the courtroom and, taking into account the opinion of the persons participating in the case, may be limited by the court in time. The presiding judge, on behalf of the court, announces a warning to a person who has violated the rules of conduct in the courtroom. In case of repeated violation of the order, the person participating in the case or his representative may be removed from the courtroom on the basis of a court ruling for the entire duration of the court session or part of it.

In the latter case, the presiding judge introduces the newly admitted person to the courtroom with the procedural actions performed in his absence. Citizens present at the court session, for repeated violation of the order, are removed by order of the presiding judge from the courtroom for the entire duration of the court session.

The court also has the right to impose a fine of up to 10 minimum wages on persons guilty of violating order in a court session. If there are signs of a crime in the actions of a person violating order in a court session, the judge sends the relevant materials to the prosecutor for initiating a criminal case against the violator. In the event of a massive violation of order by citizens present at the court session, the court may remove from the courtroom the citizens who are not participants in the process and consider the case in a closed court session or postpone the trial of the case.

3. Suspension of proceedings

The court has the power to temporarily suspend the proceedings. Suspension can take the form of form interruption, postponement and suspension.

As a rule, break announced for the rest of the judges. The reason for a break may also be the occurrence of unforeseen circumstances that can be resolved in a much faster time.

It is not allowed to announce a break before the court leaves for the deliberation room to make a decision. After the announced break, the case continues from the point at which it was stopped. The minutes of the court session shall record the time of the court's departure for a break, as well as the time of the resumption of proceedings on the case.

Deposition - actions of the court to postpone the consideration of the case. The adjournment of the trial of the case is allowed in cases where the court finds it impossible to consider the case at this court session due to the absence of any of the participants in the process (for example, the absence of witnesses, an expert and an interpreter), the presentation of a counterclaim, the need to present or demand additional evidence, involvement in the case of other persons, commission of other procedural actions. If the trial of the case is adjourned, the date of a new court session is set, taking into account the time required to summon the participants in the process or to obtain evidence, which is announced to the persons who appear against receipt.

Persons who did not appear and persons newly involved in the process are notified of the time and place of a new court session. The trial of the case after its adjournment begins from the beginning.

The Code of Civil Procedure of the Russian Federation provides for mandatory cases of suspension of proceedings on a case, as well as the possibility of suspending proceedings on a case at the initiative of the court.

The obligation of the court to suspend the proceedings in the following cases (Article 215 of the Code of Civil Procedure of the Russian Federation):

1) the death of a citizen, if the disputed legal relationship allows succession, or the reorganization of a legal entity, which are parties to the case or third parties with independent claims;

2) the recognition of the party as incapable or the absence of a legal representative of the person recognized as incapacitated;

3) the participation of the respondent in military operations, the performance of tasks in a state of emergency or martial law, as well as in the conditions of military conflicts or the request of the plaintiff, participating in hostilities or in the performance of tasks in a state of emergency or martial law, as well as in conditions of military conflicts;

4) the impossibility of considering this case before the resolution of another case being considered in civil, administrative or criminal proceedings;

5) appeals of the court to the Constitutional Court of the Russian Federation with a request on the conformity of the law to be applied with the Constitution of the Russian Federation.

Suspension of proceedings on a case at the initiative of the court (i.e., optional suspension) or persons participating in the case is possible with (Article 222 of the Code of Civil Procedure of the Russian Federation):

1) the party is in a medical institution;

2) search for the defendant;

3) appointment of an expert examination by the court;

4) appointment by the body of guardianship and guardianship of an examination of the living conditions of adoptive parents in the case of adoption (adoption) and other cases affecting the rights and legitimate interests of children;

5) direction by the court of a court order.

The legislator provides for the terms and circumstances upon the occurrence of which the proceedings in civil cases must be resumed: before the determination of the legal successor of the person participating in the case, or the appointment of a legal representative to an incompetent person; until the elimination of the circumstances that served as the basis for the suspension of the proceedings; until the entry into force of a court decision, court decision, sentence, court ruling or until the adoption of a decision based on the materials of the case considered in administrative proceedings; before the adoption by the Constitutional Court of the Russian Federation of the corresponding resolution.

Suspension of proceedings on the case shall be recorded in the minutes of the court session. After the reasons for the suspension of the proceedings on the case have been eliminated, the court shall notify all the persons participating in the case and set the date, place, and time of the court session. After the resumption of proceedings on the case, the case continues from the point at which it was suspended.

4. Termination of proceedings

In Art. 220 Code of Civil Procedure of the Russian Federation grounds for termination of proceedings:

1) the case is not subject to consideration and resolution in court in civil proceedings;

2) there is a court decision or court ruling that has entered into force and was adopted in a dispute between the same parties, on the same subject and on the same grounds, to terminate the proceedings in connection with the acceptance of the plaintiff's refusal of the claim or the approval of the settlement agreement of the parties;

3) the plaintiff abandoned the claim, and the refusal was accepted by the court;

4) the parties have entered into a settlement agreement, and it has been approved by the court;

5) there is an arbitral tribunal decision, which has become binding on the parties, adopted in a dispute between the same parties, on the same subject and on the same grounds, except in cases where the court has refused to issue a writ of execution for the enforcement of the arbitral tribunal's decision;

6) the death of a citizen who was one of the parties to the case, the disputed legal relationship does not allow succession, or the liquidation of the organization that was one of the parties to the case.

From practice. According to the Ruling of the Constitutional Court of the Russian Federation dated May 12, 2005 No. 244-O, the provisions of paragraph 1 of part 1 of Art. 134 and Art. 220 in conjunction with art. 253 of the Code of Civil Procedure of the Russian Federation suggest that the court cannot terminate proceedings in a case on contesting a normative legal act recognized by a decision of a state authority, a local government body or an official who adopted this normative legal act, as invalid after the filing of an appropriate application with the court, if in during the trial, a violation by the disputed normative legal act of the rights and freedoms of the applicant, guaranteed by the Constitution of the Russian Federation, laws and other normative legal acts, will be established.

Proceedings in the case are terminated by a court ruling, which must indicate that re-applying to the court in a dispute between the same parties, on the same subject and on the same grounds is not allowed (Article 221 of the Code of Civil Procedure of the Russian Federation).

5. Minutes of the court session

Minutes of the court session is one of the most important documents of the court proceedings, since it reflects the entire course of the court session, the statements of the persons participating in the case, applications and consideration of petitions, the moment the court announces adjournment, suspension of the court session, etc. The minutes of the court session are drawn up in in writing by the secretary of the court session when performing any procedural action in the course of the trial. The secretary of the court session may use technical means (audio recording, stenography and other technical means) in order to complete the protocol. At the same time, the secretary of the court session in the protocol must necessarily indicate the use and application of technical means. The carrier of the audio recording must be sealed and attached to the case file. The persons participating in the case, their representatives have the right to petition for the disclosure of any part of the protocol, for the inclusion in the protocol of information about the circumstances that they consider essential for the case. The minutes of the court session must be drawn up and signed no later than 3 days after the end of the court session. The protocol of the court session shall be signed by the presiding judge and the secretary of the court session. All changes, additions, corrections made to the protocol must be specified and certified by the signatures of the presiding judge and the secretary of the court session (Article 230 of the Code of Civil Procedure of the Russian Federation).

The persons participating in the case, their representatives have the right to familiarize themselves with the protocol and, within 5 days from the date of its signing, submit comments on the protocol in writing indicating the inaccuracies and (or) its incompleteness (Article 231 of the Code of Civil Procedure of the Russian Federation).

The minutes of the court session must be of the following content (Article 229 of the Code of Civil Procedure of the Russian Federation):

1) the date and place of the court session;

2) the time of the beginning and end of the court session;

3) the name of the court hearing the case, the composition of the court and the secretary of the court session;

4) title of the case;

5) information about the appearance of the persons participating in the case, their representatives, witnesses, experts, specialists, translators;

6) information about the clarification to the persons participating in the case, their representatives, witnesses, experts, specialists, translators of their procedural rights and obligations;

7) orders of the presiding judge and rulings issued by the court in the courtroom;

8) statements, petitions and explanations of the persons participating in the case, their representatives;

9) testimonies of witnesses, explanations by experts of their conclusions, consultations and explanations of specialists;

10) information about the disclosure of written evidence, data from the examination of physical evidence, listening to audio recordings, viewing video recordings;

11) the content of the conclusions of the prosecutor and representatives of state bodies, local self-government bodies;

12) content of judicial debates;

13) information about the announcement and clarification of the content of the court decision and court rulings, clarification of the procedure and term for their appeal;

14) information on explaining to the persons participating in the case their rights to familiarize themselves with the protocol and submit comments on it;

15) date of drawing up the protocol.

6. Absentee proceedings

Along with order production absentee proceedings is a simplified form of civil proceedings. Previously, the Code of Civil Procedure of the RSFSR did not provide for absentee proceedings. This is explained by the fact that in the Civil Procedure Code of the RSFSR, along with the principle of adversarialism and equality of the parties, there was the principle of objective truth, by virtue of which the court had the right to collect evidence on its own initiative even in the absence of one of the parties in civil proceedings. When making a court decision, the court had to find out all the circumstances relating to the proceedings.

According to the provisions of the Code of Civil Procedure of the Russian Federation, the court does not have such powers, as a result of which, if certain circumstances arise, the court can make a decision in absentia. This proceeding is in absentia only for the defendant who did not appear in court when notified of the time, place and date of the trial. If there is complicity in the proceedings, the court may make a judgment in absentia if all co-defendants are absent. However, the plaintiff may not agree to conduct proceedings in absentia, and then the court hearing is postponed to another day with notice sent to the defendant (defendants) about the next court hearing. If the plaintiff does not object to the case being considered in absentia proceedings, the court issues a ruling to consider the case through absentee proceedings. The court may refuse to conduct proceedings in absentia if the plaintiff wishes to change the price of the claim, the basis of the claim, etc.

When considering a case in absentia proceedings, the court conducts a hearing in the general manner, i.e., examines the evidence presented by the persons participating in the case, takes into account their arguments and makes a decision, which is called in absentia (Article 234 of the Code of Civil Procedure of the Russian Federation). After the end of the trial and after the adoption of a decision in absentia, the court sends the defendant (defendants) a copy of the decision in absentia within 3 days from the date of its adoption with notification of delivery. The plaintiff, who was not present at the court hearing and who asked the court to consider the case in his absence, is also sent a copy of the default decision no later than 3 days after its adoption with notification of delivery.

The defendant has the right to file with the court that made the default decision an application to cancel this court decision within 7 days from the date of delivery of a copy of this decision. A court decision in absentia can also be appealed by the parties in cassation (an absentee decision of a magistrate - in an appeal procedure) within 10 days after the expiration of the deadline for the defendant to file an application to cancel this court decision, and if such an application is filed, within 10 days from the date of the court ruling refusing to satisfy this application. Consequently, a default judgment can be appealed within a total of 17 days.

When the defendant submits an application for the cancellation of a default decision, it must contain (Article 238 of the Code of Civil Procedure of the Russian Federation):

1) the name of the court that issued the decision in absentia;

2) the name of the person submitting the application;

3) circumstances that testify to the validity of the reasons for the defendant's failure to appear at the court session, about which he was not able to inform the court in a timely manner, and evidence confirming these circumstances, as well as circumstances and evidence that may affect the content of the court decision;

4) the request of the person submitting the application;

5) a list of materials attached to the application.

It should also be noted that an application for the annulment of an absentee decision does not require the payment of a state fee.

The court's default judgment is subject to cancellationif the court establishes that the defendant’s failure to appear at the court hearing was caused by valid reasons, which he was not able to inform the court in a timely manner, and the defendant refers to circumstances and presents evidence that may affect the content of the court decision (Article 242 of the Code of Civil Procedure of the Russian Federation ). If the default judgment is canceled, the court resumes consideration of the case on the merits. If the defendant, duly notified of the time and place of the court hearing, fails to appear, the court decision adopted during the new consideration of the case will not be in absentia. The defendant does not have the right to re-submit an application for review of this decision in absentia proceedings (Article 243 of the Code of Civil Procedure of the Russian Federation). After the expiration of all appeal periods, the absentee decision enters into legal force.

Author: Gushchina K.O.

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Summer is a time for relaxation and travel, but often the heat can turn this time into an unbearable torment. Meet a new product from Sony - the Reon Pocket 5 mini-air conditioner, which promises to make summer more comfortable for its users. Sony has introduced a unique device - the Reon Pocket 5 mini-conditioner, which provides body cooling on hot days. With it, users can enjoy coolness anytime, anywhere by simply wearing it around their neck. This mini air conditioner is equipped with automatic adjustment of operating modes, as well as temperature and humidity sensors. Thanks to innovative technologies, Reon Pocket 5 adjusts its operation depending on the user's activity and environmental conditions. Users can easily adjust the temperature using a dedicated mobile app connected via Bluetooth. Additionally, specially designed T-shirts and shorts are available for convenience, to which a mini air conditioner can be attached. The device can oh ... >>

Energy from space for Starship 08.05.2024

Producing solar energy in space is becoming more feasible with the advent of new technologies and the development of space programs. The head of the startup Virtus Solis shared his vision of using SpaceX's Starship to create orbital power plants capable of powering the Earth. Startup Virtus Solis has unveiled an ambitious project to create orbital power plants using SpaceX's Starship. This idea could significantly change the field of solar energy production, making it more accessible and cheaper. The core of the startup's plan is to reduce the cost of launching satellites into space using Starship. This technological breakthrough is expected to make solar energy production in space more competitive with traditional energy sources. Virtual Solis plans to build large photovoltaic panels in orbit, using Starship to deliver the necessary equipment. However, one of the key challenges ... >>

Random news from the Archive Restoring vision with wireless implants 26.07.2020 The combination of protective video glasses and photoelectric retinal implants makes vision restoration more practical. Since the introduction of the first implantable stimulator for vision restoration in 1968, the development of retinal implants has been plagued by problems of bulkiness. Trying to fit a mass of electronics with wires, cables, and induction coils into the human visual system has always been a difficult task. James Loudin and colleagues at Stanford University in California have found a solution that, by using special goggles that direct infrared signals from the eyes and project them onto an implanted silicon photodiode grid, solves many of these problems. The system simplifies implantation while transferring visual data and power directly to the implants, eliminating the need for any massive external power supply. Ludin and colleagues demonstrated the performance of their system by using infrared rays to stimulate the retinas of rats implanted with photodiodes. A pocket computer processes images captured by a miniature camera and transmits them to a pair of glasses, similar to existing video glasses, and a projection system operating in the immediate vicinity of the eye transmits these images to the eye and to the photodiode grid with pulsed flashes in the near infrared range. In turn, the mesh irritates the inner neurons of the retina. Ludin's system partially solves the problems of earlier methods using implants, since photovoltaic implants are much thinner and wireless, and pulses simultaneously deliver visual information to the photovoltaic grid and power it, reducing the number of components that need to be implanted. The photovoltaic system also allows patients to view the visual scene with their own eyes within the visual field of view of the goggles.

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