Order proceedings in the agro-industrial complex are aimed at simplifying and expediting judicial procedures. The following describes how the legislator was able to make life easier for participants in the process with the help of this institution.
Legislative regulation
Initially, the agro-industrial complex, unlike the agro-industrial complex, did not have a system of order production.
In 2016, the law was supplemented by a number of articles in order to expedite the production of obvious cases by implementing this system. Since July 2016, the submission of applications for a court order in a number of cases has become mandatory.
Despite the fact that the norms are taken from the Code of Civil Procedure, the experience of their application is taken into account, and the order in the agro-industrial complex has distinctive features. They are primarily associated with the organization of the arbitration process.
How to apply the rules of order production in the agricultural sector? The Resolution of the Plenum of the Armed Forces of the Russian Federation was issued, which explained how the rules of order production should work in both the civil and the arbitration process.
The concept of a court order
Definition of the term in Art. 229.1 agribusiness is not very extensive. There are only two lines in the law. However, this is not so small. Often, regulation is ensured by the refusal of the legislator to introduce terms into the text of the law.
Order production in the agro-industrial complex implies that there has been an incomplete or partial failure to fulfill monetary obligations.
In civil proceedings, the collection of property is also permitted. AIC does not provide for such an opportunity.
What matters are considered
According to the agro-industrial complex, a limited list of cases is considered in order production:
- on unfulfilled or unfairly executed contracts;
- about the obligation to the state budget and non-budget funds (social and medical insurance);
- on protests by a notary on a bill, if it is not accepted, dated or paid.
In the case of contracts, the debtor recognizes the obligation, and the amount of the claim does not exceed the threshold of 400 thousand rubles.
In the case of obligations to the state, the most exacted amount is 100 thousand rubles.
What is the application form?
The law allows you to choose how to file an application with the court: in electronic or written form. All documents attached to the claim are also proposed to be submitted in electronic form.
For this purpose, the electronic arbitration system My Arbitrator is used. A prerequisite is confirmation of the authenticity of documents by applying an electronic digital signature. Thus, documents can be submitted to the court without even leaving your office. Thanks to a well-established system for accepting electronic documents, order processing in the agro-industrial complex is considered to be more progressive in the organizational plan.
How to file a written application? Documents are submitted to the court clerk in person or through mail. Court employees verify that the submitter fulfills formal requirements, the availability of copies of documents, signatures and dates specified in the appendix.
A copy of the submitter is marked with the date of the claim and the signature of the person who accepted it.
Statement content
The law provides a fairly clear list of points regarding what to write in the application for the issuance of an order. In order to obtain a court order, the application should look like this:
- name of court;
- Name of the individual, his address, date of birth, full name of the organization, TIN, registration information about the collector, bank details;
- circumstances that made the claimant go to court;
- collection requirements;
- inventory of attached documents, their copies;
- receipt of state duty.
The order proceedings in the agro-industrial complex of the Russian Federation require that the court send evidence of the transfer to the debtor of a copy of the application with the attached papers.
If the representative submits the application, a copy of the power of attorney issued by the applicant is attached.
What is the size of state duty
The law establishes that the applicant pays a state fee in the amount of 50% of the amount that would be paid when filing a claim. If the order is refused or canceled, the right is given to take into account the previously paid fee when filing a lawsuit. This also applies to lawsuit proceedings, and consideration of cases in simplified proceedings.
Appealing court rulings on appeal will cost the applicant also 2 times cheaper.
Return or refusal of application
The package of documents is handed over to the judge, he checks it for compliance with the design, whether the state duty has been paid and if there is information that the debtor was also given copies of the application with all the papers.
If something is missing or there are other shortcomings in the submitted application, the judge will return the paper. The applicant is entitled to send a new application, taking into account these shortcomings.
According to the agro-industrial complex, judicial practice, order-based proceedings do not provide for leaving the application without movement, as is customary in the civil process.
The law also provides for cases of refusal, as a result of which a new application can no longer be submitted, unless the decision of the judge is reversed as part of the appeal. Refuse in the following cases:
- the case is not included in the established list;
- nothing is known about the place of residence or location of the debtor or it is located outside the country;
- There is a dispute about the right (the documents do not show the consent of the debtor with the requirements).
Does the agrarian and industrial complex provide for a claim procedure in order proceedings
According to the law, a claim is required before a lawsuit is filed. The judge, having discovered that among the documents submitted there are no papers confirming that the claim was previously sent to the defendant, returns the claim.
Filing an application for an order does not impose such an obligation. However, after the refusal to issue the order or its cancellation will have to comply with the claim procedure. Otherwise, the judge will not accept the lawsuit.
Thus, it is necessary to send a claim to the defendant before initiating legal proceedings, so that later, if necessary, the lawsuit does not waste time waiting.
In the ordered production of the agro-industrial complex, a sample claim that can be used does not differ in anything special. Anyone is taken.
Application Review Procedure
The application is considered by the court within 10 days from the moment the documents arrived at the institution. According to the APC of the Russian Federation, order-based proceedings operate within the framework of the general rules on jurisdiction. The first of them - the court considering the case, is located at the location of the defendant.
The papers are examined by the judge, and he makes a decision. They do not call anyone to the court; the plaintiff does not have any opportunity to supplement his arguments.
A copy of the order is sent to each party, in addition, it is published in electronic form in the My Arbiter system. Not later than 5 days after the decision is made, paper copies of the order are sent to the parties.
Cancellation Policy
Cancellation is based on the statement of the debtor. His task is to manage to submit an application within 10 days from the day he received the papers. The judge does not consider the application on the merits, the fact of his direction is sufficient.
If the debtor did not manage to send an objection in time, it remains for him to prove the validity of missing the deadline established by law. If the judge agrees with the arguments, the order is canceled.
According to the agro-industrial complex, order-making is necessarily completed by a court ruling. It explains the rights and obligations of the parties, possible ways of their further actions.
Appeal procedure
The order, which entered into force, is allowed to appeal on appeal, bypassing the appeal proceedings.The review procedure has a number of features:
The complaint is forwarded to the cassation board if the judge-rapporteur decides that the arguments set forth in it are significant. If not, he issues a decision not to forward the complaint. His decision cannot be appealed.
The meeting is held without calling the participants in the case, unless the judges decide otherwise, they may require additional explanations.
What decisions can be made at the cassation stage:
- the decision to issue an order remains unchanged;
- the order is canceled, and the materials are transferred for new consideration;
- the order is canceled, and the claimant is indicated on the right to file a lawsuit in a general manner.
Simplified Production Ratio
Simplified production is similar to the fact that the application is considered on the basis of the received documents. If the law provides for the issuance of an order on this basis, an application for its issuance is required. Then, if the applicant fails to obtain an order, it is permitted to file a claim.
Filing a lawsuit in order to achieve consideration in a simplified manner requires compliance with the claims procedure.
The consideration of the case in a simplified manner depends on the views of the parties and the court. In addition, the right is given to supplement the objections and attach new evidence. This right is given to all participants in the process, and it is limited by the time limits established by the court.
The judge has the right to refuse the simplified procedure if he considers that in a particular case it will not be of use.
Thus, the compulsory production of the agro-industrial complex is a strictly regulated procedure in which the freedom of action of the participants in the case and the court is as limited as possible.
Comparison with civil procedure
If we compare the agro-industrial complex and the agro-industrial complex, order production has serious differences:
- The Code of Civil Procedure provides for a wider list of disputes falling under writ proceedings;
- the requirements by which an order is issued in the arbitration process are not present in the Civil Procedure Code as appropriate grounds;
- the maximum possible amount of claims in a civil proceeding is 500 thousand rubles;
- GIC provides an opportunity to recover money and claim property.
Stage of execution
Previously, the execution was organized as follows: after the order came into force, the recoverer went to the judge and received a second copy on which the judge’s signature is placed, and the court’s seal, and a note on the date the order takes effect.
Then changes were introduced into the order, which migrated to the agro-industrial complex. The applicant has the right to write a statement to the court, asking the judge to send an execution order to the FSSP. The document is sent in electronic form.
This eliminates the need for the claimant to wait for certified documents. Despite the fact that the law obliges the judge to ensure the expulsion of documents within 5 days after receiving the objection of the debtor or immediately after the entry into force of the order, all these procedures take much longer. The reason is the workload of the court.
Thus, in this article all questions about the order production of the agro-industrial complex were considered.