When an administrative statement of claim may be needed, what is it? What requirements should be met? What are the features of individual lawsuits?
Application area
It is considered habitual to file a lawsuit due to a dispute about property, moral harm. For a long time, a significant part of the cases before the courts has been disputes with state bodies.
Today, the procedure for filing such a claim, its consideration is regulated by the CAS norms. In Art. Section 1 of the law lists disputes that are adjudicated by the courts under CAS. There is a special letter from the Supreme Court on this score. It specifies the norms of article 1. Thanks to the letter, part of the cases related to the actions of state and municipal bodies remained within the boundaries of the civil process, for example, disputes about the legality of refusal to privatize housing.
It should be noted that some cases of administrative proceedings are considered with certain features, which are reflected in how to draw up an administrative statement of claim.
If the claim is incorrectly filed, it will not be accepted in court for production and the citizen or organization will not be able to protect their interests.
Legislative regulation
First of all, they turn to the code itself. In Art. 124, 125 CAS are the rules on the form and content, as well as an approximate list of possible claims of the plaintiff to the defendant. Other sections describe the features of administrative statements of claim, in particular, on contesting the cadastral value of objects, the appointment of administrative supervision, etc.
The Supreme Court has already issued clarifications on the application of CAS standards. The courts adopted regulations specifying the norms of the procedural codes in terms of claims for claims and their execution. Therefore, applicants have where to get additional information if necessary.
The courts are developing the practice of applying norms on the content and form of the claim.
Claim form
An administrative statement of claim is made on paper, now it is allowed to file a claim in electronic form, provided that it is certified with an electronic digital signature. The attached documents are certified with the same signature.
The law does not prohibit hand-written applications if they are easy to read.
General content
Points of administrative claim for CAS:
- FULL NAME. in full, date of birth, place of residence or stay, birth - of the plaintiff and defendant;
- full name of the organization, information about its registration as a legal entity;
- phone numbers, electronic mailboxes;
- information about what rights are violated or endangered by actions or acts of authorities;
- circumstances of the claim, basis of claims;
- information about attempts to resolve the dispute in pre-trial order;
- information on the results of the dispute through higher authorities, unless, of course, complaints were submitted;
- the plaintiff points to the evidence that the court may call attention to;
- requirements and petitions.
The word "requirements" refers to the ultimate goal of the plaintiff, a request to the court, for example, to declare the act illegal and cancel it. The petitions raise questions about demanding evidence, applying interim measures, etc.
The requirements set out a list of copies of the attached documents, put the signature of the plaintiff or his representative, the filing date of the application and the signature of the submitter.
Drafting an administrative statement of claim on CAS of the Russian Federation may seem difficult, but attention to detail is needed, and everything will work out.
How to formulate court requests
Art. 124 of the Code lists the requirements that the plaintiff can make; their list is not exhaustive, as is directly indicated in the article. Here, rather, one can see an attempt to orient the plaintiffs. What can they ask for?
- on invalidation of a normative act partially or completely;
- on recognition of illegal actions, omissions or decisions in whole or in part;
- on the imposition of an obligation to make a decision or consider a question or take other actions in order to eliminate a violation of the rights of a defendant;
- imposing an obligation not to perform certain actions;
- on establishing the presence or absence of authority to resolve certain issues.
How to concretize court requests?
For example, an administrative statement of claim that an action is declared unlawful obliges you to indicate what the plaintiff considers illegal. If we are talking about an act issued by an authority, its details are indicated: who, when and where it issued. Insufficiency of information may limit the court in making a decision. It is interesting that, having the right to go beyond the request of a lawsuit, judges rarely use it.
Plaintiff's representative
Among citizens, it has become the norm to use the services of a representative in a lawsuit. The novelty of CAS is in attracting as representatives only citizens with a law degree.
The representative filing the claim shall attach a copy of his diploma, it is enough for the lawyers to attach a copy of the certificate and a warrant issued by the bar association.
At the first meeting, the original documents are presented. At the same time, the plaintiff, having the desire to conduct business in person, not having specialized education, is not required to attract a representative.
The same rules apply to defendants. Organizations or bodies are represented by officials having this right ex officio (leader, chairman, etc.). In other cases, the same rules apply as with plaintiffs.
Violation of the rules of representation will lead to the return of the claim or refusal to accept the arguments and petitions of the representative, which entails serious consequences.
Application deadlines
How soon is an administrative statement of claim submitted? The question is not idle, because, without taking it into account, the plaintiff has every chance to lose the case on formal grounds without considering it on the merits.
The law provides several answers to this question. The total term under the law is 3 months from the day that a citizen became aware of a violation of his rights.
The chapters devoted to certain categories of cases specify different periods, in particular, the head of the municipality has the right to appeal the decision to remove him from office within 10 days.
The law sets limitation periods only for disputes; it is impossible to foresee all of them; therefore, if there are no instructions, the general rule of 3 months works.
It is important not to confuse the days when the violation was committed and when it became known about it. The countdown of the limitation period depends on this. What is the evidence? Envelopes with stamps, copies of applications for issuing documents with incoming numbers, etc.
Having proved that the violation became known later, the plaintiff gets rid of the proof of compliance with the statute of limitations. In some cases this is almost impossible.
The restoration of the term is provided if the citizen or organization was not able to file a lawsuit, although they knew for certain about the violations. In practice, this is only possible for citizens due to illness, business trips, etc.
It is not limited to the time for filing a claim challenging a regulatory act or clarification.
Dates and pre-trial order
Pre-trial procedure - filing a complaint with a higher authority. Citizens and organizations have, as a rule, the choice of where to go.But in the case, for example, with disputes with the tax service, pre-trial procedure is mandatory. Its failure to obstruct the acceptance of the claim by the court. What happens if a pre-trial procedure is envisaged and optional?
The term for going to court still continues.
Administrative bodies, the prosecutor's office are often delayed with the consideration of complaints, moreover, deliberately. If the deadline is due to red tape, the plaintiff has the right to ask him to be restored, but no one gives full guarantees. Because of this, before the end of the period, without waiting for a decision of a higher authority, it is advisable to send documents to the court. Moreover, the first meeting opens about a month after the transfer of the claim to court.
How to file a lawsuit
The submission of an administrative statement of claim is provided either in person, or through a representative, or by mail. The applicant or representative personally brings the documents to the registry of the court. They put a mark of acceptance on the copy. Court staff usually propose doing this themselves.
It is advisable to send documents via mail with a notification. It is not necessary to make a separate mailing list if the list of attached documents is present in the text of the application.
According to the law, the day of delivery of documents by mail is considered the day of their transfer to the court. The duration of the transfer from a legal point of view does not matter.
Copies of documents for other parties and the prosecutor are sent either by mail by the plaintiff themselves, or submitted to the court. The judge then sends out copies along with the summons. If the plaintiff sent the documents by mail, he presents to the court the documents issued by mail.
Appeal against illegal decisions
Decisions of authorities include acts (orders, orders and actions) affecting specific individuals. For example, officials ignore the statement and do not make a decision on it, or the decision is made, but it is illegal.
The statement concerns both the actions of the authorities (management, departments, administrations), and organizations performing the functions of authorities. A good example is the establishment of the cadastral chamber or regional BTI, which are assigned the functions of officials (registration of rights to real estate, cadastral registration, etc.).
Examples of disputes are illegal dismissal from a municipal or public service, penalties, etc. This includes litigation with bailiffs. By the way, the easiest way to find a sample administrative claim regarding the illegality of their actions.
Appeal of normative acts and explanations
Normative acts are documents of a general nature - decrees, orders that establish general rules. For example, a decree on the procedure for concluding a contract of citizens with bodies on social hiring. In some entities, local authorities, accepting them, go beyond the scope of authority.
Regional laws are fully or partially disputed in the courts of the subjects (supreme, territorial, regional, urban cities of federal significance). The law permits the transfer of such disputes to the jurisdiction of the Constitutional Court. Some regions create statutory courts.
The clarifications include mainly letters. In them, the authorities explain the procedure for applying existing legislation. Citizens and organizations, considering the interpretation is incorrect, have the right to go to court.
The review procedure provides for the attachment of a copy of the document, instructions of its details. Whether there was an appeal about this document or not, it is not so important. The plaintiff must prove that the act not only contradicts the Constitution and other laws, but directly affects his interests.
For example, taxpayer acts are challenged by taxpayers whose interests are affected. This is a key point in an administrative statement of claim challenging a regulation or clarification.
Other administrative disputes
Administrative proceedings include various types of cases: expulsion of foreign citizens from Russia, contesting the cadastral value, placement in a tuberculosis dispensary, contesting decisions of election commissions, etc.
All of them have serious differences, so the sample administrative claim must be selected based on the specific case.
A form or template that would be suitable for all categories of cases does not exist.
How to prepare a statement of claim
It is necessary to prepare documents and look for a sample of an administrative statement of claim to the court independently or with the help of a lawyer. Neither the court nor the authorities will even help in this. More often than not, officials in their formal replies do not even indicate the appeal procedure, in particular, the right of citizens to apply to court.