Russian legislation provided special requirements, which relate to the preparation of an administrative claim and its filing with the court. In our article we will talk in detail about how to prepare a competent claim in an administrative case, where it should be filed and when it will be considered.

With the entry into force of the Code administrative proceedings Russian Federation since September 15, 2015 in the field judicial system there have been many changes. In particular, absolutely all administrative cases are now considered exclusively in the manner prescribed by the CAS of the Russian Federation, which accordingly influenced the preparation court documents, including administrative claims. Violations of legal requirements when drawing up a claim and filing it can lead to abandonment administrative claim without movement, therefore, significantly affect the timing of the consideration of the case, and in some cases can lead to refusal to accept or return the claim.

According to Article 125 of the CAS of the Russian Federation statement of claim in an administrative case is drawn up in writing in legible form and signed indicating the date, signatures of the plaintiff or his representative if the latter has the appropriate authority. The administrative claim must include:

• Name judicial authority where the document is submitted;
• full details of the plaintiff:
  • name of the organization, its location, as well as information about its state registration- if the plaintiff is a legal entity;
  • Full name, place of residence or place of stay, date and place of birth - if the plaintiff is an individual, as well as information about higher legal education if you intend to conduct an administrative case personally in cases that are provided for mandatory participation representative;
  • name of the organization or full name of the representative, his mailing address if the application is submitted by a representative;
  • phone/fax number/address Email the plaintiff or his representative;
• Full details of the respondent:
  • name of the organization, its location, information about its state registration (if known) - if the defendant is a legal entity;
  • Full name, place of residence or stay, date and place of birth - if the defendant is an individual;
  • telephone/fax number/e-mail address of the defendant (if known);
• information about what rights and legitimate interests the plaintiff were violated or about the reasons that may lead to their violation;
• the plaintiff’s demands against the administrative defendant, outlining the plaintiff’s grounds and arguments justifying these demands;
• compliance information pre-trial procedure settlement of the dispute, given that this order established by law;
• if a complaint was filed in the order of subordination, provide information about its filing and results;
• other information provided for by certain categories of administrative cases;
• full list documents that are attached to the administrative claim.

Administrative claim to challenge a decision of an authority

As a rule, filing a claim to challenge a decision of an authority precedes the plaintiff’s appeal to this authority and obtaining official refusal or failure to receive a response within the prescribed period. To the authorities whose actions are subject to challenge in judicial procedure, include authorities of the Russian Federation, regional, republican and regional authorities authorities, as well as municipal authorities.

Important! Most of the claims for administrative matters are associated specifically with challenging decisions of government bodies. One feature worth noting here is that when drawing them up, you can exercise the right to file a petition for the application of measures preliminary protection, and thus suspend the effect of the decision or otherwise (Chapter 7 of the CAS RF).

Administrative claim against the actions of an official

Applying to court with an administrative claim for actions officials will allow you to protect violated rights as part of solving the problem with registration or receipt of necessary documents. Any citizen or organization can file a claim in court if their rights are violated or there are obstacles to the exercise. A claim against the actions of officials is filed in the manner prescribed by Chapter 22 of the CAS of the Russian Federation.

Administrative claim against the actions of a bailiff

A statement of claim against the actions of a bailiff is filed when the execution court order is unnecessarily delayed or the bailiff commits actions that contribute to the violation of the applicant’s rights. It is worth noting that this opportunity often used to delay the execution of a court order. Action claim bailiffs-perpetrators can be filed by any individual or legal entity whose rights have been violated.

Filing a claim in administrative cases to court

Before filing an administrative claim in court, the plaintiff should accurately determine the list of attached documents. So, in addition to the original payment receipt state duty(the amount of state duty is determined in accordance with the rules Tax Code RF), copies of the statement of claim and all case materials for delivery to the defendant, the following should be attached to the statement of claim:

• copy legal act, decisions of an authority, as a result of which the rights of the plaintiff were violated or evidence of the impossibility of obtaining such a decision;
• a document confirming compliance with the pre-trial dispute resolution procedure in cases where this is mandatory;
• evidence that the plaintiff provides to support his or her arguments.

If a representative participates in the case, he must have a higher legal education, which is confirmed by a copy of the diploma. The representative participates in the case according to notarized power of attorney or at the written request of the person, provided that the latter is also present at the hearing. A statement of claim in an administrative case can be filed in person/through a representative or through postal service. As is the case with civil proceedings, the judge receiving the claim must make one of the following decisions:

• accept the claim for proceedings;
• leave the claim without progress;
• refuse to accept the claim;
• return the claim to the applicant.

The grounds for making the corresponding decision are regulated by Articles 127, 128, 129, 130 of the Code of Administrative Proceedings of the Russian Federation. Also, when drawing up an administrative claim, we recommend that you familiarize yourself with the norms of articles of Chapters 21-31 of the CAS of the Russian Federation, which regulate certain situations in the topic under discussion.

Important! In addition to all of the above, it should be noted that administrative proceedings have such a feature as the impossibility of filing a counterclaim by the defendant. So, for example, when challenging regulations or appealing decisions of government authorities, filing a counterclaim is not allowed!

01/22/2019, Sashka Bukashka

Term limitation period– this is the period during which you can file a lawsuit for a particular violation of your rights.

For any violation, there is the concept of a statute of limitations, when any sanctions established by law may be applied to the violator. From this article you will learn what statute of limitations and in what cases apply in administrative law and legal proceedings. Due to the recent adoption of the Code of Administrative Procedure (CAP), a little confusion has arisen in terms of concepts. Let's be clear first:

• The CAS regulates issues related to violations of citizens' rights by officials and the corresponding limitation periods;
• The Code of Administrative Offenses of the Russian Federation (CAO) is devoted to administrative offenses and sets the time limits for bringing them to justice. In fact, the concept of “limitation period for administrative offenses” does not exist in the legislation. We'll talk about this below.

Limitation period under CAS

The limitation period for administrative cases is calculated as follows:

• By general rule- three months from the day the citizen became aware of the violation of his rights;
• challenge claim cadastral valuation land plot or apartments can be sued within five years from the date the cadastral value was established;
• an application to appeal the actions of the bailiff is submitted within ten days from the moment you become aware of a violation of your rights.

How long can an offender be held accountable?

We have already mentioned that such a term as limitation period administrative offense, is absent in the Code of Administrative Offences, this period is referred to in the law as the limitation period for bringing to administrative responsibility, however, this does not change the essence, and both expressions are often used in everyday life. As a general rule, the statute of limitations for bringing to administrative responsibility is two months, and when the case is considered by a judge, three months from the date of its commission. IN established by law In cases, the statute of limitations in administrative law depends on the severity of the violation and can be:

• one year - according to some traffic violations, in cases of consumer rights protection, violation labor legislation and etc.;
• two years - violation of the rules accounting and currency regulation;
• three years - applies to political parties;
• and even six years is the statute of limitations for administrative cases when providing financial support terrorism.

Attention motorists and pedestrians

Most often, citizens are brought to administrative responsibility for violating the Rules traffic. Limitation period for administrative traffic violations(traffic rules) is also regulated by the Code of Administrative Offenses of the Russian Federation ().

Please note that the statute of limitations is 1 year in the following cases:

• drunk driving,
• refusal of medical examination,
• violation of rules resulting in harm to the health of the victim.

The same period of prosecution is established for a pedestrian or passenger if, as a result of their violation of traffic rules, someone was harmed to health.

Let's sum it up

Violation of someone else's rights or other misconduct does not always result in punishment: the statute of limitations for the CAS is three months, the statute of limitations for an administrative offense under the Code of Administrative Offenses is from two months. Sometimes, due to unforeseen delays, the offender manages to avoid punishment. And if a citizen does not go to court on time, he will not be able to protect his rights.

1. Unless this Code establishes other deadlines for filing an administrative claim in court, an administrative claim may be filed with the court within three months from the day when a citizen, organization, or other person became aware of a violation of their rights, freedoms and legitimate interests .

2. Administrative statement of claim to challenge a legal act of the highest official of the subject Russian Federation(head of senior executive body state power subject of the Russian Federation) on the removal from office of the head of a municipal entity, on challenging the decision representative body municipal formation on self-dissolution or challenging the decision of the representative body of the municipal formation on the dismissal of the head of the municipal formation may be filed with the court within ten days from the date of adoption of the relevant decision.

3. Administrative claim for recognition illegal decisions, actions (inaction) of a bailiff can be filed with the court within ten days from the day when a citizen, organization, or other person became aware of a violation of their rights, freedoms and legitimate interests.

4. Administrative claim to challenge decisions, actions (inaction) of the body executive power subject of the Russian Federation, body local government on issues related to the coordination of the place and time of a public event (meeting, rally, demonstration, procession, picketing), as well as a warning issued by these bodies regarding the purposes of such a public event and the form of its conduct, may be filed with the court within ten days from the day when a citizen, organization, or other person became aware of a violation of their rights, freedoms and legitimate interests.

5. Pass deadline going to court is not a basis for refusing to accept an administrative claim for court proceedings. The reasons for missing the deadline for going to court are clarified in preliminary court hearing or court hearing.

6. Late consideration or failure to consider the complaint higher authority, a superior official indicates that there is a valid reason for missing the deadline for going to court.

7. Missed as specified in part 6 of this article or other good reason the deadline for filing an administrative claim may be restored by the court, except in cases where its restoration is not provided for by this Code.

8. Missing the deadline for going to court without a good reason, as well as the impossibility of restoring the missed time (including for a good reason) for going to court is grounds for refusing to satisfy an administrative claim.

Article 219. Time limit for filing an administrative claim in court

• checked today
• code dated July 30, 2018
• entered into force on September 15, 2015

There are no new articles that have not entered into force.

Code of Administrative Procedure (CAS RF) 21-FZ

Section IV features of proceedings in certain categories of administrative cases

Chapter 22. Proceedings in administrative cases challenging decisions, actions (inaction) of state authorities, local governments, other bodies, organizations authorized by individual state or other public powers, officials, state and municipal employees

Compare with the edition of the article dated September 15, 2015

If this Code does not establish other deadlines for filing an administrative claim in court, an administrative claim may be filed with the court within three months from the day when a citizen, organization, or other person became aware of a violation of their rights, freedoms and legitimate interests.

An administrative claim to challenge a legal act of a senior official of a constituent entity of the Russian Federation (the head of the highest executive body of state power of a constituent entity of the Russian Federation) on the removal from office of the head of a municipal entity, to challenge a decision of a representative body of a municipal entity on self-dissolution or to challenge a decision of a representative body of a municipal entity on The removal of the head of a municipal entity from resignation may be filed with the court within ten days from the date of the relevant decision.

An administrative claim to declare illegal the decisions, actions (inaction) of a bailiff can be filed with the court within ten days from the day when a citizen, organization, or other person became aware of a violation of their rights, freedoms and legitimate interests.

An administrative claim to challenge decisions, actions (inaction) of an executive body of a constituent entity of the Russian Federation, a local government body on issues related to the approval of the place and time of a public event (meeting, rally, demonstration, procession, picketing), as well as the decision made by these authorities warning regarding the purposes of such a public event and the form of its conduct may be filed with the court within ten days from the day when a citizen, organization, or other person became aware of a violation of their rights, freedoms and legitimate interests.

Missing the established deadline for applying to court is not grounds for refusing to accept an administrative claim for court proceedings. The reasons for missing the deadline for going to court are clarified at a preliminary court hearing or court hearing.

Late consideration or failure to consider a complaint by a higher body or higher official indicates the presence of a valid reason for missing the deadline for filing a complaint with the court.

The deadline for filing an administrative claim missed for the reason specified in Part 6 of this article or for another valid reason may be restored by the court, except in cases where its restoration is not provided for by this Code.

Missing the deadline for going to court without a good reason, as well as the impossibility of restoring the missed time (including for a good reason) for going to court, is grounds for refusing to satisfy an administrative claim.

Case No. 2a-436/15

SOLUTION

In the name of the Russian Federation

Priluzsky district court Komi Republic consisting of:

presiding judge Shishelova T.L.

under secretary Knysh E.A.

having considered in an open preliminary court hearing in the village. Obyachevo

On November 26, 2015, an administrative case on the administrative claim of Ievlev N.N. to bailiff L.G. Trofimova, Department of Bailiffs for the Priluzsky District Office Federal service bailiffs in the Komi Republic to challenge the actions of a bailiff,

installed:

Ievlev N.N. filed an administrative claim in court challenging the actions of the bailiff L.G. Trofimova. for the seizure and sale of a car belonging to him, indicating in support of the requirements that he does not agree with the assessment of the seized property, which is underestimated and does not correspond market prices. In addition, due to the arrest and possible subsequent sale of the car, he is deprived of the opportunity to continue the activities of his peasant farm; while he had other property that could be foreclosed on. As a result of the above illegal actions bailiff violated the provisions of Art. and art. Law “On Enforcement Proceedings”.

Having heard the explanations of the administrative plaintiff and the representative of the administrative defendant, having examined the written materials of the case in their entirety, having reviewed the enforcement proceedings No., within the framework of which the contested actions were committed, the court comes to the following.

The Constitution of the Russian Federation guarantees state, including judicial, protection of the rights and freedoms of man and citizen (Article 45, part 1; Article 46, parts 1 and 2); The protection of human and civil rights and freedoms is the responsibility of the state (Article 2). From these provisions in conjunction with articles (part 1), (part 2), (part 3), (clause “c”), (clause “b” of part 1) and the Russian Federation, it follows that the protection of violated rights cannot be recognized effective if judicial act or act of another authorized body is not executed in a timely manner.

Terms and procedure enforcement judicial acts that are given the right to impose individuals, legal entities, Russian Federation, constituent entities of the Russian Federation, municipalities responsibilities for transferring to other citizens, organizations or relevant budgets Money and other property or committed in their favor certain actions or abstaining from performing certain actions are determined by the Federal Law of October 2, 2007. No. 229-FZ “On enforcement proceedings”.

As follows from the case materials, on March 12, 2014, the Main Directorate of the Pension Fund of the Russian Federation in the Priluzsky district of the Republic of Kazakhstan issued a resolution on the collection of insurance premiums, penalties and fines at the expense of the property of the insurance premium payer - the organization ( individual entrepreneur) No., which decided to collect insurance premiums, penalties and fines at the expense of the property of Ievlev N.N. V Pension Fund RF in size; V Federal Fund mandatory health insurance – .

Based on this resolution, on March 20, 2014, the bailiff - executor of the OSP for the Priluzsky district, Trofimova L.G. enforcement proceedings have been initiated No. (debtor - Ievlev N.N., claimant - Main Directorate of the UPFR in the Priluzsky district, subject of execution - collection of insurance premiums, including penalties in the amount)

With this resolution Ievlev N.N. reviewed on May 13, 2014. On the same day, when giving explanations to the bailiff, Ievlev indicated that he would pay the debt within two months on his own, since he was not officially employed, entrepreneurial activity doesn't lead.

According to Article 12 Federal Law dated July 21, 1997 No. 118-FZ "On bailiffs" in the process of forced execution of judicial acts and acts of other bodies provided for by the federal law on enforcement proceedings, the bailiff takes measures for the timely, complete and correct execution of enforcement documents.

Taking measures for the timely, complete and correct execution of enforcement documents means that the bailiff must initiate enforcement proceedings and carry out the entire complex executive actions, provided for by the Federal Law of October 2, 2007 No. 229-FZ “On Enforcement Proceedings”, in order to execute the executive document in full.

Enforcement actions that a bailiff has the right to perform in the process of fulfilling the requirements of enforcement documents are specified in Article 64 of the Law on Enforcement Proceedings.

In accordance with Part 1 of Article 68 of the Law on Enforcement Proceedings, enforcement measures are the actions specified in the executive document, or actions performed by the bailiff in order to obtain property from the debtor, including funds subject to recovery under executive document. List of measures forced collection provided for in part 3 of this article.

At the same time, in addition to the enforcement actions listed in paragraphs 1 - 16 of part 1 of Article 64 of the Federal Law "On Enforcement Proceedings", in accordance with paragraph 17 of the Law, the bailiff has the right to perform other actions, necessary share timely, complete and correct execution executive documents.

That is, the list of actions and enforcement measures is not closed, and therefore the bailiff can apply various ones that do not contradict the principles enforcement proceedings measures to force the debtor to fulfill the requirements of the writ of execution.

By the resolution of the bailiff - executor dated 08/05/2014. No., enforcement proceedings No. dated March 20, 2014. merged with enforcement proceedings No. dated July 16, 2014, with the assignment of consolidated enforcement proceedings No.

As part of enforcement proceedings No., on February 24, 2015, by the bailiff - executor in the presence of the debtor Ievlev N.N. an act of seizure (inventory of property) was drawn up, according to which the car was inventoried and seized, 1987, blue color, license plate no. region. The same act made a preliminary assessment of the seized property in the amount of rubles.

At the same time, as follows from the presented act, Ievlev N.N. his rights and obligations were explained in terms of indicating the property or items that should be foreclosed on first; however, the latter did not take advantage of these rights and did not indicate other property to be seized, which is confirmed by the signatures of the debtor in the act.

On February 24, 2015, the bailiff issued a decision on the assessment of the debtor’s property by the bailiff, according to which the property belonging to N.N. Ievlev. vehicle, car, 1987, of blue color(blue), in satisfactory condition, priced in rubles excluding VAT.

Copy of this resolution received by the debtor on February 27, 2015, which is confirmed handwritten signature the latter in the postal item available in the materials of the enforcement proceedings, and is not disputed during the preliminary court hearing.

As the Supreme Court of the Russian Federation explained, in its Resolution of the Plenum of February 10, 2009. No. 2, taking into account the provisions of Article 256 of the Code of Civil Procedure of the Russian Federation, it is necessary to find out in each case whether the deadlines for the applicant’s appeal to the court were met and what are the reasons for their violation, and the issue of applying the consequences of failure to comply with these deadlines should be discussed regardless of whether this circumstance was referred to interested people.

Similar provisions are contained in Part 9 of Art. Section IV. Features of production according to separate categories administrative cases > Chapter 22. Proceedings in administrative cases challenging decisions, actions (inactions) of state authorities, local governments, other bodies, organizations vested with certain state or other public powers, officials, state and municipal employees > Article 226. Trial in administrative cases challenging decisions, actions (inaction) of bodies, organizations, persons vested with state or other public powers" target="_blank">226 CAS of the Russian Federation, which has joined legal force from September 15, 2015, according to which, unless otherwise provided by this Code, when considering an administrative case challenging a decision, action (inaction) of a body, organization, person vested with state or other public powers, the court finds out, incl. whether the deadlines for going to court have been met. In this case, the burden of proving compliance with the deadlines rests with the person who applied to the court.

However, for individual species requirements may be established by law special deadlines limitation period, shortened or longer than total term. The rules of Articles 195, 198 - 207 of this Code also apply to special statutes of limitations, unless otherwise provided by law (Article Civil Code).

decided:

Administrative claim by Ievlev N.N. to the bailiff L.G. Trofimova, Department of Bailiffs for the Priluzsky District of the Office of the Federal Bailiff Service for the Komi Republic to challenge the actions of the bailiff - leave without satisfaction

The decision may be submitted appeal V Supreme Court of the Komi Republic through the Priluzsky District Court within one month from the date of this decision.

Judge T.L. Shishelova

Court:

Judges of the case:

Judicial practice on:

Arbitrage practice on the application of Art. 200, 202, 204, 205 Civil Code of the Russian Federation