So, today we will be interested in Art. 49 agribusiness. It regulates certain rules and regulations for changing a claim, as well as for concluding a settlement agreement between the parties in the commission of administrative offenses. Remember this and do not confuse with the criminal. The difference is actually huge. So what is provided in this article? What key points play a huge role for citizens and the court as a whole? You can find out about all this below.
I have the right
It should be noted right away that Art. 49 agribusiness in several parts. Each of them indicates those or other norms and rules that will have to be followed when considering a claim. But do not be afraid, everything is remembered extremely easily.
The first part indicates that while the arbitration court of the first instance is considering the case, the plaintiff has the right to do whatever he wants with the lawsuit. That is, he is able to change the subject of the complaint or the basis thereof. This can also include changes in relation to the amount of penalties and redress - you have the right to reduce or increase the amount thereof.
Just pay attention - Art. 49 APC RF indicates that these changes and adjustments take place before the adoption of a judicial opinion. In other words, while the case is under consideration, the claim is subject to adjustment. Otherwise, no.
Renouncement
It often happens that a filed complaint for one reason or another is no longer relevant. And it needs to be recalled somehow. Part 2, Art. 49 of the APC indicates that until the arbitral tribunal or the court of appeal has made a final decision on the case, it is possible to refuse partially or completely from the claim.
But, again, you need to catch up before the judiciary makes a decision. It is also advisable to be prepared to justify your rejection of the claim. After all, if it turns out that this is not a personal decision, but taken under the pressure of someone, a recall will be impossible. So, the matter will continue. Yes, and it will be considered with some aggravating circumstances. Namely - pressure on the plaintiff. This is not a good result.
Ahead of time
Failure to file a lawsuit is not a common occurrence. More often than not, the one who lodges a complaint tries by all means to bring the matter to the very end. So it’s not worth hoping for a review.
Nevertheless, a quick dismissal is sometimes possible. How exactly? In Art. 49 APC RF is regulated that there is a recognition by the defendant of the claim. In full or in part - it does not matter. In the first case, the case will be considered closed. You will satisfy the requirements of the plaintiff, and then you can be free. In the second, the consideration of the complaint will be accelerated, but it will still continue for some time. It is at the moment you can go to a settlement. But such phenomena are not too common.
World
What else can be said about our current legislation? For example, that an administrative offense does not always end with a court decision. In some cases, you can end the debate with a thing like a settlement. It is between the plaintiff and the defendant in the manner prescribed by the legislation of the Russian Federation.
For example, it is worth noting (this is not spelled out in Article 49 of the agro-industrial complex) - the decision must be voluntary. No one has the right to force the plaintiff, for example, to conclude a world. It is against the law.And if such a phenomenon takes place, and even it has been proved, then you will have to consider the lawsuit in general with the condition of aggravating circumstances. For the defendant, this is not a good thing.
Also compulsory in an amicable settlement is to make amends to the plaintiff. Without this clause, the court is entitled to refuse early closure of the case. First, the parties must agree among themselves on damages, as well as on making amends, then, as practice shows, the conditions are observed. And only after the court will satisfy the settlement agreement between the parties.
If this option does not suit you, you can conclude a peace directly in court. A special act will be drawn up according to which the defendant will be obliged to make amends to the plaintiff in one form or another within the specified time. Otherwise, you can again contact the judicial authorities to initiate proceedings. And in this situation, as practice shows, usually a reconciliation of the parties will simply not be allowed. After all, the defendant has once evaded from his obligations. All this will be taken into account during the consideration of the case.
The court does not approve
What else can you pay attention to? For example, the fact that the application in accordance with Art. 49 of the APC of the Russian Federation, recognized as a claim, cannot be amended, and also withdrawn or canceled due to a settlement agreement under certain circumstances. In principle, the court usually accepts such changes and adjustments, but exceptions do occur.
For example, the refusal of the judiciary can be obtained only in one case - when the changes contradict the legislation of the Russian Federation. Or if they violate the rights and capabilities of others.
How will the case be considered in such a situation? In the usual manner, essentially. That is, you will have to fully wait for the study of all the circumstances of the case, and also take the decision made by the court. No changes and adjustments can be made to the case or to the lawsuit. This is what our article today says.
Base and subject
Important and relevant information does not end there. It is necessary to pay attention to the comments of Art. 49 agribusiness of the Russian Federation. They will help to decipher and clarify some points regarding our today's question.
For example, special attention is paid here to such concepts as the basis of the claim and its subject. That is, when and what to complain about. In addition, definitions of changes in these are also written here. So, for example, the basis of the claim is the circumstances in which certain offenses arose. By change here is meant either the addition of existing data, or their exclusion from the case. It is forbidden to radically change readings.
But the subject of the claim is a requirement of a substantive nature in relation to the offender, which was caused by certain actions of this citizen. By change, it is customary to mean replacing or adjusting requirements. Nothing difficult to understand if you think carefully.
Failure feature
Another point worthy of attention is the peculiarities of rejection of a claim. It has already been said that such an opportunity exists. But only before a court decision was made in respect of the case under consideration.
Please keep in mind that adjustments and changes to the lawsuit are possible only at first, but refusal is possible in all instances. Of course, before the court granted the complaint or declared it null and void.
The same rule applies to the recognition of a claim by a valid defendant. He has every right at any time (not only in the first instance) to agree to the satisfaction of the conditions of the plaintiff. Both fully and partially. It is such norms and rules that are prescribed in Art. 49 agribusiness.
Not always
The last essentially important point is that not in all cases the statement (claim) can be changed, as well as withdrawn or prematurely satisfied. In the same way as the world is far from always possible.As already mentioned, the court has the right to refuse, under certain circumstances, these adjustments.
As already mentioned, if changes are impossible, the case will be considered on the merits. That is, as it was announced. At the same time, you are not entitled to refuse to make adjustments if they do not violate the legislation of the country, and also have no relation to the rights and opportunities of other citizens. That is what modern legislation says.
In practice, to be honest, claims often change. Moreover, there are practically no failures in adjustments. But the defendants rarely plead guilty, and also agree to the world. Remember that under certain circumstances, you can either withdraw the claim, or change it, or terminate the case with the help of an amicable agreement. You are unlikely to be refused.
