The proceedings in each civil case are objectively expressed in the complex of documentation of procedural and substantive content. All papers relating to the proceedings are filed by authorized officers in chronological order. Documents must be executed in accordance with the current instructions for judicial proceedings. In practice, there are situations when materials are partially or completely lost. This may be due to man-made or natural disasters, illegal actions of individuals. As a result, it becomes impossible to obtain any information related to the proceedings. This, in turn, creates obstacles to the realization of the interests of persons involved in the dispute. Legislation, however, provides for the possibility of recovering lost materials. Let us further consider how to exercise this right. 
Reinstatement of lost court proceedings in civil proceedings
The legislation provides for a number of guarantees for the persons participating in the proceedings. The case for the restoration of lost judicial proceedings is considered according to special rules. The norms provide for both partial and full return of materials. The first, however, is permitted if a determination or decision has been made to terminate the proceedings. The presence of a decision on an identical claim prevents the repeated appeal to the court. The right to defense, which is not fully realized in connection with the loss of materials, can be exercised solely through the restoration of lost court proceedings. The rules of procedure are defined in Ch. 38 GIC. In other situations, individuals still have the opportunity to re-appeal to the court to resolve a dispute between the same parties, on the same grounds and on the same subject. This right is exercised by sending a new lawsuit in accordance with the general rules.
Specificity
An application for the restoration of lost judicial proceedings shall be sent to the court, which issued a decision on the substance of the dispute or a decision on its termination. The subjects of law may only be persons participating in the review, as well as their successors. The restoration of lost judicial proceedings cannot be carried out on the initiative of the court itself. A prosecutor who did not participate in the proceedings cannot be a subject of law. The legislation does not establish a time frame for the implementation by subjects of the right to restore lost judicial proceedings. 
Authorized Institutions
The restoration of the lost judicial proceedings shall be carried out in the body that adopted the determination of the essence of the dispute or the act of termination of the proceedings. Since these acts can be issued by authorities at any level at any level, the consideration of relevant appeals is the competence of not only world and regional institutions. The same powers are vested in the supreme authorities of the territories, republics, regions, cities of the Fed. values of autonomous okrugs / regions, as well as the Armed Forces of the Russian Federation.
Sample application for the restoration of lost court proceedings
The appeal to the authority should be drawn up in accordance with general requirements. They are installed in Art. 131, 132 GIC. In addition, part 2 of article 314 Code of Civil Procedure provides for additional requirements. According to them, the interested party must indicate:
- What kind of production should be restored.
- Whether a determination was made on the merits of the dispute or a decision to terminate it.
- Your procedural status.
- Participants in the proceedings, their place of residence / location. Their procedural status is also indicated here.
- What is known about the circumstances of the loss of materials.
- Location of copies of documents or information about them.
- What materials, in his opinion, need to be restored.
- The purpose of the return of documents.
Important point
An indication of the purpose for which the interested party needs to restore production is mandatory. This will allow you to individualize the appeal. The purpose of the subject should be to protect the rights or interests of the subject. This can be expressed not only directly in the restoration of legal capacity, but also in the implementation of the lost act. For example, based on the adopted resolution, a writ of execution or other document was not received. Each case of a possible restoration of lost judicial proceedings in a particular dispute is strictly individual.
Instance action
If the interested party fails to comply with the requirements established for the application form, the authorized body leaves it without movement. This person shall be notified in due order. In the ruling, the court indicates the shortcomings and sets a time limit for their elimination. If they are not eliminated within the stipulated period, the authority refuses to initiate proceedings on the restoration of the lost materials or leaves the appeal without consideration.
Nuance
The interested subject is exempted from paying a fee and reimbursement of expenses that the court incurred during the proceedings on the restoration of lost materials. If the authority determines that the person has submitted knowingly false information in the appeal, all costs will be charged from him. 
Review Rules
The procedure for restoring lost judicial proceedings is similar to that established in parts 1 and 2 of Art. 263 Code of Civil Procedure. The authorized instance in the course of the proceedings must establish that the materials were indeed lost, and after the adoption of the decision to terminate the consideration of the dispute. The relevant act is subject to restoration in any case, regardless of the requirements of the applicant. For example, if he asks to return part of the materials without a definition.
Result of the proceedings
A court decision restoring lost judicial proceedings shall be drawn up in accordance with the general requirements provided for in Article 198 of the Code of Civil Procedure. This act shall indicate the data submitted by the interested entity. The court in the reasoning part provides its conclusions regarding the evidence of the circumstances, and also describes the actions taken to restore the proceedings. 
Renouncement
If during the examination it turns out that the materials were lost before the adoption of the decision on the completion of the proceedings, the authorized person decides to leave the request of the interested subject unsatisfied. As mentioned above, the plaintiff has the right to apply with a new application. The determination to commence proceedings on a new lawsuit in connection with the loss of materials reflects this circumstance without fail. Subsequently, when considering the case, the preserved documents, their copies, other papers that were issued to organizations and citizens before loss are used. An authorized authority may call witnesses. They are the persons who were present at the hearing. The legislation allows interrogation as witnesses and judges themselves, who examined the dispute, the materials on which were lost, as well as the executors of the judgments. 
Termination of consideration
The legislation provides for 2 special grounds for this. They are installed in Art. 318 GPC.The cessation of production on the restoration of lost materials is allowed if the collected information is insufficient. In this case, the authorized instance shall explain to the parties to the dispute their right to bring a new lawsuit under the general rules. When applying for the return of proceedings for the execution of the decision, if the deadline for presenting the IL has expired and cannot be restored, the consideration also terminates. 
Conclusion
In practice, cases of production loss are relatively rare. However, in some situations, the lost materials are of particular value to the person concerned, since they ensure the exercise of their rights. In such situations, the subject may go to court to recover them. However, legislation makes an important reservation. The application will be accepted for consideration if a substantive decision or an act to terminate it has been issued on the production to be restored. In this case, of course, the appeal of the interested person must comply with general and special requirements. I can challenge decisions related to the restoration of production by dissenting entities.
