What is an extramural solution? Code of Civil Procedure (Code of Civil Procedure) provides for this form of judicial verdict. Today, citizens often encounter it. However, many do not fully understand how a decision in absentia is made and an appeal is made.
The concept
What is an extramural solution? Code of Civil Procedure calls this term a simplified form of acceptance of a verdict. Both regional judges and international judges can take it, depending on their competence. For this reason, some mistakenly equate it with court orders. Let's try to figure out what the error is.
Difference from the order
According to the Code of Civil Procedure of the Russian Federation, a court order is the sole decision of a world court on the basis of written evidence unconditional from the point of view of the law. These include: loan agreements, receipts, etc.
A court order is relatively easy to overturn within ten days. According to the Code of Civil Procedure of the Russian Federation, a judge must cancel it if an objection is received from the defendant. No arguments and excuses are needed.
Absentee decision (GIC): features
An absentee decision is a more complex form. It is accepted only if:
- The plaintiff agreed to this decision.
- The dispute under consideration is civil in nature. This means that neither in criminal nor in administrative cases can this form be applied.
- There is no defendant (all defendants), despite the fact that he / she was warned (s) properly.
That is, a court order initially implies the absence of parties. An absentee decision (the Civil Procedure Code obliges it) is taken if the defendant who was notified of the court session does not appear. However, he may come to the courtroom and defend his position. When a court order is issued, this is not allowed. But the difference is not only that.
Cancel absentee decision
The cancellation of this form is much more complicated than a court order. It is not enough to indicate your disagreement. The cancellation of the decision in absentia will be only when two mandatory facts are proved to the court:
- Respect for the failure to appear on the process. This may be moving to another city, business trip, illness, other cases that are recognized as such.
- The need to cancel. That is, the defendant must necessarily indicate that the decision can be changed on the basis of new circumstances. Of course, this must be argued in the cancellation statement.
Why such “strict” requirements for an absentee decision?
The logic of why the decision in absentia is more difficult to reverse is simple: the court did everything within the framework of the law for the defendant to appear in the courtroom. In addition, he carefully examines the case file: checks the legality, considers the validity of the calculations, etc. In fact, this is an ordinary court session, which will consider the case regardless of the absence of the parties. When making a full-time decision, the ability to cancel it is simply absent. Therefore, it will not be enough just to declare “I disagree, please cancel”, but we will have to explain our position reasonably, using, if possible, evidence.
Cancellation Dates
You can cancel such a verdict within seven days from the date of receipt. This wording gives rise to the myth that the legal force of an absentee decision may never come if you do not “see” court letters in the mail, sign their receipt in the spine, and don’t take copies in court.
Myth or reality?
The myth of impunity is debunked by employees of the Federal Bailiff Service, who block bank accounts, seize cars, describe property, etc. But where does it come from?
The thing is in the incorrect interpretation of the norms of the Code of Civil Procedure of the Russian Federation. According to the code, the validity of an absentee decision can come in three cases:
- After 30 days from the date of refusal to the defendant, cancel the default judgment.
- After making the appeal decision.
- After 30 days of the opportunity to file an application to cancel the absentee decision.
However, in order to complete all of the above actions, you must obtain a copy of the verdict from the court. This allows us to confidently assert that if you do not receive it (intentionally), then the verdict will not enter into legal force, which means that the enforcement proceedings in the case will not begin.
Entry into force of a judgment in absentia
In fact, legal force comes after the expiration of all possible terms for appealing the decision in absentia. This will happen on the 38th day after the hearing, of which seven days are given for cancellation, and thirty days for the filing of an appeal.
I missed the deadlines, what should I do?
Often, debtors learn about the verdicts received from the bailiffs. And it's good if they contacted in advance. There are more surprises when, instead of the coveted SMS, a different, less pleasant one comes to the phone about the receipt of wages. That the funds were debited in favor of the creditor by a court decision.
Unfortunately, such citizens are interested in the basics of legal knowledge only when all the deadlines are missed. In this case, in order to cancel the absentee decision, it is necessary, in addition to the request itself, to write a petition for the restoration of the missed procedural term. If the reason is valid, and ignorance, as a rule, is interpreted that way, then the court will allow you to submit an application.
Prohibition of the Supreme Court of the Russian Federation
However, the Supreme Court of the Russian Federation in the Review of Practice in 2015 prohibited the restoration of the deadlines for filing an application for cancellation if the possible deadlines for filing an appeal have passed. For example, the trial took place on March 1. On April 12, the defendant only found out about him. 38 days to appeal have already ended. In this case, cancel the default decision and assign a new one. trial will fail. However, this does not prohibit reinstatement of the time limit for filing an appeal.
Of course, this interpretation of the position of the Supreme Court of the Russian Federation gives rise to many contradictions. Many lawyers see this as a violation of access to justice. Indeed, the defendants do not just do not file their objections, but do not know about the decision.
The problems of "drowning", as they say, are of no interest to anyone. Defendants should regularly monitor incoming correspondence.
It is worth noting that if the court makes the usual decision, and the defendant also does not know anything, then in this case he is completely deprived of the opportunity to file an application to annul such a verdict. So, in fact, the wording “correspondence” is beneficial to him. Apparently, the Supreme Court of the Russian Federation adhered to this logic.
What reasons are considered valid?
For good reasons, according to the Code of Civil Procedure of the Russian Federation, include:
- Business trip.
- Disease.
- Illiteracy. This does not mean ignorance of legal laws, procedural terms and terms, but elementary inability to write, read, consider, perhaps understand, but this is rather closer to legal capacity.
- Another reason recognized by the court as valid. Often the respondent’s ignorance of the time and place of the hearing will fall under this paragraph.
