Correspondence decision in the civil process. The Civil Procedure Code (CCP RF)

The absentee decision in the civil process is a frequent phenomenon in modern Russian practice. It causes many complaints not only among citizens, but also among professional lawyers. Why? We will try to find out.

What is a correspondence decision in the civil process

Let's start with the basics. An absentee court decision is taken only if the obligatory conditions are met:

• The applicant does not object to such a form of court decision.
• "Culprit of the triumph" is not present at the trial, although he was warned about the exact time by the appropriate agenda.
• The case is civil (often of property) nature. That is, you can not make such verdicts in criminal, administrative cases.

Most of all, misunderstandings and emerging difficulties are associated with agendas, or rather their absence. Many people are simply not at home for various reasons: business trips, travel, study, illness, rest, some live with friends, the second half, etc. Of course, the duty of citizens to regularly monitor their correspondence and, if possible, register where they live. But today it is even allowed to live in another region without registration. The authorities finally realized that we have one country and it is not a confederation, that is, an alliance of several independent lands. However, the problems did not end there. Citizens' claims come at the place of registration, and many citizens find out the court decision from bailiffs when blocking bank accounts and seizing property.

Not so simple

According to the law, a decision in absentia in the civil process can be canceled within 7 days from the date of the verdict. More precisely ten. 3 days is given for manufacturing, and already seven for cancellation. Here lies the legal underestimation of the whole complexity of the situation. Many citizens, even professional lawyers who do not have the necessary experience, naively suggest the apparent ease of cancellation. Apparently, a decision in absentia in the civil process is placed in line with judicial orders. The latter definitions are relatively easy to cancel. To do this, just write a corresponding objection without explaining the reasons, and all, the result - the court order is "dismissed."

The absentee decision of the magistrate is another document, which is not so easy to cancel. Let's talk about this in more detail.

Grounds for cancellation

The Civil Procedure Code, although it presupposes the cancellation of such a form of verdict, however, two things must be pointed out:

• Respect for the reason for the defendant's failure to appear in court.
• Evidence and circumstances, according to which the original verdict must be canceled.

That is, the very fact of disagreement does not give the right to cancel the decision, in contrast to the same court order. This is due to the fact that judges thoroughly consider all the materials. Perhaps even make a request, if necessary. Repeatedly contemplate the same documents without other circumstances, the servants of Themis will not, but simply will refuse.

Logic is actually present. Judicial orders are stamped as on a conveyor belt on the basis of absolutely proven documents from the point of view of law: contracts, acceptance certificates, receipts, etc.

An absent judgment in the case suggests that the court took into account all possible nuances of the case, possibly, as already mentioned above, requested additional documents, made calculations, considered payments on property disputes, etc. Therefore, the verdict is canceled only if the defendant submits other documents that prove innocence or can change the case in his favor (reduction of the loan amount, mutual claims, etc.).

Where to appeal

The absentee decision of the justice of the peace can be appealed in the district court. District - in the appeal court of regional courts.

The legitimate power of the absentee decision: myth and reality

There is a myth that if you do not "see" the judicial verdicts and do not take them yourself, then they will not enter into legal force. What is it based on? On the wrong interpretation of the rules of the civil procedure code. It says that absentee decisions come into effect from the moment of 30 days after the refusal of the court in its cancellation or after the termination of the procedural deadlines for such an action. But you can cancel it within seven days after receiving the decision in your hands, that is, if you do not "see" the judicial letters and do not appear for the civil "verdict" in person, then it will never enter into legal force never.

This myth is broken about the steadfastness of bailiffs who arrest all money accounts from bank cards and the debtor's property.

If the defendant did not show up in the civil proceedings and, accordingly, did not file an application for cancellation within seven days, the verdict will come into legal force on the 38th day after the court session.

Missing deadlines

Missing the deadlines for filing is a frequent occurrence when considering such cases. This is due to the fact that seven days - a very short period. Even for those citizens who live in their apartment and received on time summons. They could be on a business trip, on vacation, on treatment in a hospital, temporarily moved in connection with repairs, etc. As a result - the omission of the allotted deadlines for the cancellation of the verdict. In order to cancel it, it is necessary to write an application for the restoration of a missed procedural period simultaneously with the filing for this procedural action . For this, one must also have reasons.

Who is recovering the terms?

Terms for filing are restored for the following reasons:

• Business trip, employment in another city.
• Disease or quarantine prevention.
• Illiteracy means the elementary inability to write and read, and not legal ignorance of laws, as many interpret.
• Another reason that the court found satisfactory.

Under it, most often, ignorance of the court session is implied. To prove ignorance is not necessary. If the court does not have a mark in the defendant's signature on the postal counterfoil, then he restores the deadline for filing.

The position of the Supreme Court of the Russian Federation on the restoration of the deadline for filing an application to annul the absent decision

If the citizen has missed the deadline for cancellation, he can restore the deadline, having one of the above reasons. However, it is necessary to take into account the time that passed after the decision was made. If the absentee verdict has not yet entered into force, that is, the time limit for filing an appeal has not passed, then the courts can restore the period for cancellation at the request of the respondent. However, if 38 days have passed, then it can not be extended. But you can restore the time for filing an appeal. In 2015, the Supreme Court of the Russian Federation indicated this in the Review of Practice, giving rise to conflicting views on the judicial system among specialists.

Logic, of course, is understandable: it is necessary to slightly relieve courts of first instance and reduce cancellations for executive proceedings. However, good intentions should not create precedents of "parallelism", electivity and narrow-mindedness. Many lawyers ask a question: why it is possible to restore the time limit for filing an appeal, but there is no way to abolish court decisions ?

However, it should be noted that the correspondence decision on the nature is identical with the ordinary one. And it can not be canceled, even if less than 38 days have passed to file an appeal. The defendant can also suspect nothing and skip court sessions. In this case, you can not cancel a decision under any circumstances. Remember: forewarned means armed.