Judicial practice under Article 126 of the Code of Administrative Procedure of the Russian Federation

The law establishes the duty of the plaintiff to provide a copy of the application, the documents that are attached to it, to other parties to the dispute. . The list of the latter is defined in Article 126 of the Code of Administrative Procedure of the Russian Federation . According to this rule, documents can be provided in paper or electronic form. Let's consider further art. с пояснениями. 126 of the agrarian and industrial complex of the Russian Federation with explanations.

General requirements

According to Part 1 of Art. , к заявлению истец прилагает: 126 of the agrarian and industrial complex of the Russian Federation , the claimant applies to the application:

1. The notice of delivery or other papers confirming the fact of sending to other participants in the case, copies of the claim and documents that the latter do not have.
2. Receipt for payment of fee. If the subject has the right to a benefit, then an appropriate supporting document is provided. The plaintiff may also apply for a deferment / installment or a reduction in the amount of the fee.
3. Documents confirming the circumstances to which the person refers in his application.
4. Copies of sv-va about state registration in the status of legal entity or IP.
5. A power of attorney or other document certifying the authority to sign a claim.
6. Copies of the resolution of the arbitral tribunal on securing property interests prior to filing the application.
7. Documents certifying the fact that the plaintiff complies with the claim (other pre-trial) procedure, if an agreement or legislation provides for it.
8. Draft agreement. It is granted if the plaintiff has stated a demand for coercion to sign the agreement.
9. An extract from the Unified State Register of Legal Entities (EGRIP) with information on the location / residence of the defendant and the plaintiff or the acquisition by the individual of the IP status, termination of activities or other document certifying this information or their absence.

These documents must be received no earlier than 30 days. Before going to court.

Norm 126 of the AIC with comments

Documents that the plaintiff appends to the application can be divided into optional and mandatory. About the first it is told in points 6-8, about the last - in item 1-5 of item. . 126 of the agrarian and industrial complex of Russia . If these documents are sent by registered mail, their delivery is confirmed by an appropriate notice. The law does not prohibit the plaintiff from personally handing over papers or using courier services. In this case, pursuant to paragraph 1 of Art. , с получателя берется расписка о вручении. 126 of the agrarian and industrial complex of the Russian Federation , a receipt for delivery is taken from the recipient.

Receipt

присутствует требование о том, что истец должен подтвердить факт уплаты госпошлины. In the norm 126 of the agrarian and industrial complex of the Russian Federation there is a demand that the plaintiff must confirm the fact of payment of the state duty. For this, he applies a receipt to the suit. With a non-cash transfer, it is presented in the form of a payment order with a bank note. The Presidium of the Supreme Arbitration Court explained in this connection that as evidence of payment of a fee, a document appears in which there are information in the fields:

1. "Written off the account" - the date of transfer of funds or the last payment (with partial payment).
2. "Bank marks" - a stamp of a financial institution with the signature of the responsible executor.

The fact of deduction of duty in cash is confirmed by a receipt filled in accordance with the established pattern. It is issued by the cashier or other official who accepted the payment. The state fee shall be paid in the manner and in the amount provided for by law. According to Art. 50 BC, the amount payable on arbitration disputes is sent to the federal budget. Accordingly, the receipt must confirm this. If the plaintiff has submitted a document certifying payment not to the federal budget, the arbitral authority issues a resolution to leave the application without motion. The definition specifies the period in which the person must present the required paper. Together with this the plaintiff is explained the possibility of returning the funds.

Fees for payment of duties

, он предоставляет соответствующий подтверждающий документ. If they are provided to the subject, then, in accordance with the norm 126 of the APC of the Russian Federation , he provides the corresponding supporting document. Privileges on the deduction of fees when applying to the arbitration instance are provided for in the Tax Code (Article 333.37). State agencies, prosecutors, local authorities, other institutions, sending statements in defense of public / state interests are exempt from duties. Benefits are provided for those who make claims related to violations of the rights of the child, authors of the results of intellectual work on claims for granting these persons the opportunity to use the created products, if the exclusive right to them belongs to other entities (compulsory license). In accordance with the Tax Code, public associations of persons with disabilities who are acting as defendants and plaintiffs, applicants with disabilities 1-2 gr. On the latter, benefits are extended in the case of presentation of claims of a proprietary nature, when sending applications containing property and non-property claims, if their price does not exceed 1 million rubles.

Petition

предусматривается возможность истца приложить к заявлению просьбу о предоставлении отсрочки/рассрочки или уменьшении величины пошлины. In the norm 126 of the Code of Arbitration Procedure of the Russian Federation, it is provided for the plaintiff's opportunity to attach to the application a request for a deferment / installment or a reduction in the amount of the fee. The arbitration instance is guided by the Tax Code when adjusting the amount. In Art. 333.22 of the Code provides that the court, subject to the property status of the plaintiff, may reduce the amount of the fee, defer its deduction according to the rules set forth in Art. 333.41.

An Important Moment

To the petition the subject encloses the documents, which confirm his difficult material condition. Explanations on this issue are present in the Plenary Decision of the Supreme Arbitration Court No. 6 of 20.03.1997. The act says that the documents on which the property status of the person concerned is determined are:

1. The list of settlement and other accounts, names, addresses of banks, other financial and credit structures in which they are opened, confirmed by the tax inspection. The document, including information on the r / s, serving offices and branches of the applicant's legal entity.
2. Data on the lack of the necessary amount in the relevant accounts, the total amount of debt on IL and payment papers. This information must be certified by the bank.

To the petition for decreasing the amount of the fee, documents on the funds available on the accounts are also attached. If the request is denied, the claim is returned to the applicant.

Confirmation of circumstances

закреплено требование о том, что истец должен предъявить документы, которыми подкрепляются факты, изложенные им в заявлении. In the norm 126 of the APC of the RF there is a requirement that the plaintiff must produce documents supporting the facts stated in the application. If they are not provided, the application will be left without moving. Solving this issue, the court proceeds from a systemic analysis of the provisions of Articles 128, 126 and 135 of the AIC. At the preparatory stage, the authority invites the dispute participants to disclose the evidence, present additional documents if necessary. In addition, the court assists in obtaining the necessary materials, requests (in the presence of petitions from the parties), papers and information relevant to the proceedings, performs other actions to ensure the proper and timely consideration of the dispute. In this connection, it is necessary to determine, within each case, whether it is possible to accept the claim without having evidence proving the facts, to which the applicant refers in the claim. For example, there is no point in accepting an appeal for challenging a treaty without applying its text.

Status Confirmation

To the claim, the applicant must attach the SV of state registration as an IP or legal entity. This is necessary to determine the jurisdiction of the case. According to the provisions of Article 59 of the Code, citizens can participate in the proceedings either personally or through a representative. If the latter is entitled to sign a petition to the court, then the corresponding authority is fixed in the power of attorney. On behalf of organizations in production, their bodies participate, on the basis of legislation, other normative acts, and also in accordance with the constituent documents. In this regard, when considering disputes with legal entities, a power of attorney and other documents certifying the powers of representatives are attached to the claims. The latter include the constituent documents.

Securing the claim

It is provided for in legislation and implemented on the basis of a petition of an individual or an organization. The relevant measures are aimed at ensuring the property interest of the applicant prior to the filing of the claim. On their adoption, the court makes a determination. A copy of the judgment is attached to the claim.

Claim Procedure

It can be envisaged in a contract or legislation to separate categories of cases. If, according to the rules, pre-trial procedure is mandatory, documents confirming compliance with it are attached to the claim (clause 7, article 126 of the Code of Administrative Procedure of the Russian Federation). For example, before submitting to the carrier claims arising from cargo transportation, the applicant must send him claims according to the rules set forth in the relevant legal acts. They are the Transport Regulations or the Code. The claim against the carrier may be presented by the consignee or the sender at full or partial refusal of satisfaction of the claim or if there is no response from him within 30 days. To the application with a demand for cancellation / amendment of the contract, it is necessary to attach papers indicating that the other party disagrees with the proposals put forward.

Additionally

As of 01.11.2010, an extract from the USRLE or EGRIP with information on the location / residence of the defendant / plaintiff or the acquisition by the citizen of the IP status / termination of activities or other documents certifying this data or their absence should be attached to the application also. Explanations on this issue gave YOU. The court pointed out that, as other documents, a copy of the official page of the registering authority on the Internet, printed on paper and certified by the signature of the applicant (representative), can act. The provisions of the norm do not apply to cases in which the respondent / plaintiff is a foreign entity or individual who does not have registration in the status of the IP.