Judicial notices and summonses in administrative proceedings. V.19

Article 96. Judicial notices and summonses

1. Unless otherwise provided by this Code, persons participating in the case, as well as witnesses, experts, specialists and interpreters are notified by the court or summoned to court by registered mail with return receipt requested, a subpoena with return receipt requested, a telephone message or telegram, by fax or using other means of communication and delivery that allow the court to verify that the addressee has received a judicial notice or summons. A person participating in the case, with his consent, may be notified by sending him an SMS message or sending him a notice or calling him by email. The consent of the person participating in the case to notification via SMS message or email must be confirmed by a receipt, which, along with data about this person and his consent to notification in such ways, indicates his mobile phone number or email address to which the notification is sent. notice.

(as amended by Federal Law dated June 23, 2016 N 220-FZ)

1. A subpoena is a form of judicial notice and summons. Persons participating in the case are notified by court summons of the time and place of the court hearing or the performance of certain procedural actions. Along with a notice in the form of a subpoena or registered letter, copies of procedural documents are sent to the person participating in the case. Subpoenas also serve to summon witnesses, experts, specialists and translators to court.
2. Persons participating in the case must be served with court notices and summons in such a way that these persons have sufficient time to prepare for the administrative case and to appear in court on time.
3. A judicial notice addressed to a person participating in the case is sent to the address indicated by the person participating in the case or his representative. If the citizen does not actually live at the specified address, the notice may be sent to his place of work.
4. A judicial notice addressed to an organization is sent to its location. A judicial notice addressed to an organization may be sent to the location of its representative office or branch, if they are indicated in the constituent documents.
5. Foreign persons are notified according to the rules established by this article, unless a different procedure is established by an international treaty of the Russian Federation.
6. Information about the acceptance of an administrative claim, complaint or presentation for proceedings, about the time and place of the court hearing or the performance of a separate procedural action is posted by the court on the official website of the relevant court on the Internet no later than fifteen days before the start of the court hearing or performing a separate procedural action, unless otherwise provided by this Code.
7. Administrative plaintiffs - state authorities, other state bodies, local government bodies, other bodies and organizations vested with certain state or other public powers, may be notified by the court of the time and place of the court hearing (preliminary court hearing) only by posting the relevant information on the official website court on the Internet information and telecommunications network within the period specified in Part 7 of this article. These persons, as well as other persons participating in the case who have state or other public powers who have received the first judicial notice on the administrative case under consideration, independently take measures to obtain further information about the progress of the administrative case using any sources of such information and any means of communication.

(Part 8 introduced by Federal Law dated June 23, 2016 N 220-FZ)

1. The persons specified in part 8 of this article bear the risk of adverse consequences as a result of their failure to take measures to obtain information about the progress of the administrative case, if the court has information that these persons have been properly notified of the commenced process, except in cases where measures upon receipt of information could not be accepted by them due to extraordinary and unavoidable circumstances.

(Part 9 introduced by Federal Law dated June 23, 2016 N 220-FZ)

1. If the persons participating in the case do not have the technical capability - local government bodies, other bodies and organizations vested with certain state or other public powers - they have the right to file a petition to send them court notices and summonses without using the Internet information and telecommunications network.

(Part 10 introduced by Federal Law dated June 23, 2016 N 220-FZ)

Article 97. Contents of subpoenas and other judicial notices

1. Subpoenas and other court notices must contain:

1) name and address of the court;

2) indication of the time and place of the court hearing;

3) the name of the addressee - the person notified or summoned to court;

4) an indication as to whom the addressee is notified or called;

5) the name of the administrative case for which the addressee is notified or summoned;

6) an indication of the obligation of persons whose participation in court proceedings is mandatory in accordance with the law or recognized by the court as mandatory, to appear in court, and if it is impossible to appear in court, an indication of their obligation, before the start of the trial, to report this and the reasons for failure to appear and submit documents confirming the validity of the reasons for failure to appear, as well as an indication of the consequences for them in case of failure to fulfill such obligations, provided for by this Code;

7) an indication of the obligation of persons whose participation in the trial is not mandatory to report, before the start of the trial, their failure to appear in court, as well as an indication of the consequences for them in case of failure to fulfill such an obligation, provided for by this Code.

1. In court summonses or other court notices addressed to persons participating in the case, it is proposed to present to the court all the evidence they have in the administrative case, and also indicates the consequences of failure to provide evidence and failure to appear in court of the notified or summoned persons, and explains the obligation to inform the court of the reasons for the failure to appear. .
2. Simultaneously with the subpoena or other judicial notice addressed to the administrative defendant, the judge sends a copy of the administrative statement of claim, and with the subpoena or other judicial notice addressed to the administrative plaintiff, a copy of the written explanations of the administrative defendant, if the explanations were received by the court.

Article 98. Delivery of subpoenas and other court notices

1. Subpoenas and other court notices are served by mail or by a person authorized by the judge to deliver them. The time of their delivery to the addressee is recorded in the manner established by postal organizations or on a document to be returned to the court.
2. The judge may, with the consent of the person participating in the case, issue a summons or other judicial notice to him for delivery to another person being notified or summoned to court. A person who has been instructed by a judge to deliver a subpoena or other judicial notice must return to the court the counterfoil of the subpoena or a copy of the other judicial notice with a signature from the addressee for its receipt.

Article 99. Service of summons

1. A judicial summons addressed to a citizen is handed over to him personally against a signature on the counterfoil of the summons, which must be returned to the court. A subpoena addressed to an organization is served on the appropriate official, who signs for its receipt on the counterfoil of the subpoena.
2. If the person delivering the summons does not find the citizen summoned to court at his place of residence, the summons is handed to one of the adult family members living with him with their consent for subsequent delivery to the addressee.
3. If a citizen, foreign citizen or stateless person with administrative procedural capacity is summoned to court on administrative cases specified in paragraphs 4 - 8 of part 3 of Article 1 of this Code, a note is made on the summons about the need to serve the summons personally to the addressee. If these persons do not have administrative procedural capacity, the subpoena must be served on their legal representatives. Serving a subpoena in administrative cases to other persons is not permitted.
4. In the event of the temporary absence of the addressee, the person delivering the summons notes on the counterfoil of the summons where the addressee has gone and when he is expected to return.
5. If the location of the addressee is unknown, a note about this is made on the summons to be served, indicating the date and time of the action taken, as well as the source of information.

Article 100. Consequences of refusal to accept a subpoena or other judicial notice

1. If the addressee refuses to accept a subpoena or other judicial notice, the person delivering or handing it over makes an appropriate note on the subpoena or other judicial notice, which is returned to the court.
2. An addressee who refuses to accept a subpoena or other judicial notice is considered to have been notified of the time and place of the trial or the performance of a separate procedural action.

Article 101. Change of address during administrative proceedings

Persons participating in the case are required to inform the court about the change of their address during the administrative proceedings. In the absence of such a message, a subpoena or other judicial notice is sent to the last place of residence or location of the addressee known to the court and is considered delivered, even if the addressee no longer resides or is located at that address.

There is little time left before the document comes into force. Of course, if the entry period is not changed by the federal legislator. Therefore, we read CAS more and faster. By the way, cases in progress as of 09/15/15 will be considered under CAS.

Chapter 9 is about notices.

A general rule is being introduced regarding notification by registered letters with return receipt requested. Unusual for general courts. And I’m not sure that they will do exactly that, taking into account the planned budgets until the end of the year. Apparently, telephone messages, telegrams, faxes and other means of communication and delivery permitted by Article 96 will come to the rescue, allowing the court to verify that the addressee has received a judicial notice or summons. In this case, the notice may be sent to the citizen’s place of work if the citizen does not actually live at the address indicated by the participant.

Question: How is this fact of “actual non-residence” established? And who?

The answer is hidden in Article 99:

“2. If the person delivering the summons does not find the citizen summoned to court at his place of residence, the summons is handed to one of the adult family members living with him with their consent for subsequent delivery to the addressee.

4. In the event of the temporary absence of the addressee, the person delivering the summons notes on the counterfoil of the summons where the addressee has gone and when he is expected to return.

5. If the location of the addressee is unknown, a note about this is made on the summons to be served, indicating the date and time of the crime

actions, as well as sources of information."

And it would not be amiss to pay attention to Part 1 of Article 98:

"1. Subpoenas and other court notices are served by mail or by a person authorized by the judge to deliver them. The time of their delivery to the addressee is recorded in the manner established in postal organizations or on a document subject to

return to court."

From the stated provisions, we note the special role of the organization providing postal services. And the possibility of establishing facts in the ways established by local acts of such enterprises. Apparently, the establishment of the place, date and circumstances of the addressee’s departure, as well as the “source” of this information, will be regulated by just such an act or the actual order that has developed over time. In other words, postmen will be assigned operational functions. And what is important is that their documents and/or records will be relevant evidence.

One more point - part 3 of article 99:

"3. If a citizen, foreign citizen, or stateless person with administrative procedural capacity is summoned to court on administrative cases specified in paragraphs 4-8 of part 3 of Article 1 of this Code, a note is made on the summons about the need to serve the summons personally to the addressee. If these persons do not have administrative procedural capacity, the subpoena must be served on their legal representatives. Serving a subpoena in administrative cases to other persons is not permitted.”

In addition to operational functions, postmen have additional functions - establishing administrative procedural legal capacity among persons named in the unit. Should we clarify the method of recruiting and selecting postmen? Suddenly it will come in handy.

In the morning I read a short excerpt from Feuer’s “Full Illumination”: “They laughed together. Nervous laughter. First short laughs. Hee plus ha. Laughter louder. Multiplication. Even louder. Squaring. Choking laughter. Uncontrollable laughter. Furious. Endless". The further you go into reading CAS, the closer this state is.

CAS RF, Article 96. Judicial notices and summonses

1. Persons participating in the case, as well as witnesses, experts, specialists and interpreters are notified by the court or summoned to court by registered mail with return receipt requested, a summons with return receipt requested, by telephone or telegram, by fax or using other means of communication. and delivery, allowing the court to verify that the addressee has received the judicial notice or summons. A person participating in the case, with his consent, may be notified by sending him an SMS message or sending him a notice or calling him by email. The consent of the person participating in the case to notification via SMS message or email must be confirmed by a receipt, which, along with data about this person and his consent to notification in such ways, indicates his mobile phone number or email address to which the notification is sent. notice.

2. A judicial summons is one of the forms of judicial notices and summonses. Persons participating in the case are notified by court summons of the time and place of the court hearing or the performance of certain procedural actions. Along with a notice in the form of a subpoena or registered letter, copies of procedural documents are sent to the person participating in the case. Subpoenas also serve to summon witnesses, experts, specialists and translators to court.

3. Persons participating in the case must be served with court notices and summons in such a way that these persons have sufficient time to prepare for the administrative case and to appear in court on time.

4. A judicial notice addressed to a person participating in the case is sent to the address indicated by the person participating in the case or his representative. If the citizen does not actually live at the specified address, the notice may be sent to his place of work.

5. A judicial notice addressed to an organization is sent to its location. A judicial notice addressed to an organization may be sent to the location of its representative office or branch, if they are indicated in the constituent documents.

6. Foreign persons are notified according to the rules established by this article, unless a different procedure is established by an international treaty of the Russian Federation.

7. Information about the acceptance of an administrative claim, complaint or presentation for proceedings, about the time and place of the court hearing or the commission of a separate procedural action is posted by the court on the official website of the relevant court on the Internet no later than fifteen days before the start of the trial meeting or performing a separate procedural action, unless otherwise provided by this Code.

Subpoenas and other court notices must contain:

1) name and address of the court;

2) indication of the time and place of the court hearing;

3) the name of the addressee - the person notified or summoned to court;

4) an indication as to whom the addressee is notified or called;

5) the name of the administrative case for which the addressee is notified or summoned;

6) an indication of the obligation of persons whose participation in court proceedings is mandatory in accordance with the law or recognized by the court as mandatory, to appear in court, and if it is impossible to appear in court, an indication of their obligation, before the start of the trial, to report this and the reasons for failure to appear and submit documents confirming the validity of the reasons for failure to appear, as well as an indication of the consequences for them in case of failure to fulfill such obligations, provided for by this Code;

7) an indication of the obligation of persons whose participation in the trial is not mandatory to report, before the start of the trial, their failure to appear in court, as well as an indication of the consequences for them in case of failure to fulfill such an obligation, provided for by this Code.

In court summonses or other court notices addressed to persons participating in the case, it is proposed to present to the court all the evidence they have in the administrative case, and also indicates the consequences of failure to provide evidence and failure to appear in court of the notified or summoned persons, and explains the obligation to inform the court of the reasons for the failure to appear. .

Simultaneously with the subpoena or other judicial notice addressed to the administrative defendant, the judge sends a copy of the administrative statement of claim, and with the subpoena or other judicial notice addressed to the administrative plaintiff, a copy of the written explanations of the administrative defendant, if the explanations were received by the court.

If the addressee refuses to accept a subpoena or other judicial notice, the person delivering or handing it over makes an appropriate note on the subpoena or other judicial notice, which is returned to the court.

An addressee who refuses to accept a subpoena or other judicial notice is considered to have been notified of the time and place of the trial or the performance of a separate procedural action.

Persons participating in the case are required to inform the court about the change of their address during the administrative proceedings. In the absence of such a message, a subpoena or other judicial notice is sent to the last place of residence or location of the addressee known to the court and is considered delivered, even if the addressee no longer resides or is located at that address.

If the place of residence of the administrative defendant is unknown, the court begins to consider the administrative case after the court receives information about this from the last known place of residence of the administrative defendant.

IN 20. Initiation of administrative proceedings in court. Administrative claim: form, content, attached documents, methods of filing.

The Code of Administrative Procedure of the Russian Federation establishes special requirements regarding the preparation and filing of an administrative claim. Violation of any of them will lead to the abandonment of the administrative claim, an increase in the time frame for consideration of the case while the deficiencies are eliminated, and in some cases, a refusal to accept or return the claim.

The essence of the administrative proceeding determines its content, namely the requirement that must be contained in the claim. Article 124 of the Code of Administrative Proceedings requires the administrative plaintiff to formulate one of the following requirements:

Declare a normative legal act ineffective in whole or in part;

Declare illegal the decision, action or inaction of a decision of a government authority or other body vested with authority;

Oblige the administrative defendant to make a certain decision, perform certain actions or refrain from performing them in order to eliminate violations of the rights of the administrative plaintiff;

Establish the presence or absence of authority of the administrative defendant to make a decision on a specific issue;

Other requirements related to the protection of rights, legitimate interests and freedoms in the field of public relations.

Drawing up an administrative claim

Drawing up an administrative claim begins with indicating the name of the court, determined in accordance with the rules of generic and territorial jurisdiction: as a rule, these are district courts at the location of the administrative defendant. Mandatory information regarding the administrative plaintiff and defendant, which are indicated in the administrative claim, has been expanded in the CAS RF in comparison with the Code of Civil Procedure of the Russian Federation:

The administrative plaintiff - citizen indicates: full name, place of residence or stay, date and place of birth in accordance with identification documents (passport). If the CAS of the Russian Federation provides for the mandatory participation of a representative in a case, for example, to challenge regulatory legal acts, the intention to personally conduct the case is confirmed by providing information about the presence of a higher legal education (university, year of graduation). The administrative plaintiff must indicate a telephone number, email address and fax number (if they are absent, it is better to write “absent” in the claim);

The administrative plaintiff-organization, in addition to the name of the organization, indicates information about state registration, location, telephone number, fax number and email address;

Administrative defendant: the plaintiff indicates the name, location, if it is an organization, then information about state registration (if known), telephone and fax numbers, email address.

The name of the administrative claim is formulated based on the requirements and type of case of administrative proceedings.

The text of the administrative claim must contain a mandatory indication of what rights or legitimate interests, freedoms of the administrative plaintiff (other persons whose interests are represented by the plaintiff) are violated or may be violated, the requirement for the administrative defendant, evidence of the position of the administrative plaintiff with references to regulatory legal acts .

§ administrative claim to challenge a decision of an authority

§ administrative claim against the actions of an official

§ administrative claim against the actions of a bailiff

In some cases, the law may provide for mandatory pre-trial settlement of a controversial issue. In such cases, the relevant information is reflected in the claim.

Most administrative claims are related to challenging decisions of government authorities: when drawing them up, it is important to take advantage of the right to file a petition in the claim for the application of preliminary protective measures - to suspend the effect of the decision or otherwise (for more details, see Chapter 7 of the CAS).

Filing an administrative claim in court

Having prepared the text of the administrative claim before submitting it to the court, the administrative plaintiff must determine the list of attached documents. This process should be given special attention, otherwise the judge may leave it without movement. In addition to the original receipt for payment of the state duty (which is determined according to the general rules in accordance with the Tax Code of the Russian Federation), a copy of the administrative claim and all materials for delivery to the administrative defendant (or a notice of delivery of such materials by the administrative plaintiff), the following are attached to the claim:

A copy of a regulatory legal act, a decision of an authority that violated the rights of the person applying to the court, or evidence of the impossibility of obtaining it;

Documents that confirm compliance with the pre-trial procedure for resolving an administrative dispute, when this is mandatory;

Evidence relied upon by the plaintiff to support his arguments.

If a representative is involved in the case, he must have a higher legal education, which must be confirmed by a copy of the diploma. The representative participates in the case either by proxy, or at the written request or request of the administrative plaintiff. In the latter case - only together with the administrative plaintiff.

An administrative claim can be filed in person, through a representative (with a power of attorney) or by post. As in civil proceedings, having received an administrative claim, the judge must make one of the determinations: accept for proceedings, leave without moving, refuse to accept the administrative claim or return it. The grounds for making the relevant decision are established by Art. 127, 128, 129 and 130 CAS RF.

The possibility of an administrative defendant filing a counterclaim is limited: for example, when challenging regulatory legal acts or appealing decisions of an authority, filing a counterclaim is not allowed.

1. Unless otherwise provided by this Code, persons participating in the case, as well as witnesses, experts, specialists and interpreters are notified by the court or summoned to court by registered mail with acknowledgment of delivery, a summons with acknowledgment of delivery, by telephone message or telegram, by facsimile communication or using other means of communication and delivery that allow the court to verify that the addressee has received a judicial notice or summons. A person participating in the case, with his consent, may be notified by sending him an SMS message or sending him a notice or calling him by email. The consent of the person participating in the case to notification via SMS message or email must be confirmed by a receipt, which, along with data about this person and his consent to notification in such ways, indicates his mobile phone number or email address to which the notification is sent. notice.

2. A judicial summons is one of the forms of judicial notices and summonses. Persons participating in the case are notified by court summons of the time and place of the court hearing or the performance of certain procedural actions. Along with a notice in the form of a subpoena or registered letter, copies of procedural documents are sent to the person participating in the case. Subpoenas also serve to summon witnesses, experts, specialists and translators to court.

3. Persons participating in the case must be served with court notices and summons in such a way that these persons have sufficient time to prepare for the administrative case and to appear in court on time.

4. A judicial notice addressed to a person participating in the case is sent to the address indicated by the person participating in the case or his representative. If the citizen does not actually live at the specified address, the notice may be sent to his place of work.

5. A judicial notice addressed to an organization is sent to its location. A judicial notice addressed to an organization may be sent to the location of its representative office or branch, if they are indicated in the constituent documents.

6. Foreign persons are notified according to the rules established by this article, unless a different procedure is established by an international treaty of the Russian Federation.

7. Information about the acceptance of an administrative claim, complaint or presentation for proceedings, about the time and place of the court hearing or the commission of a separate procedural action is posted by the court on the official website of the relevant court on the Internet no later than fifteen days before the start of the trial meeting or performing a separate procedural action, unless otherwise provided by this Code.

8. Administrative plaintiffs - state authorities, other state bodies, local self-government bodies, other bodies and organizations vested with certain state or other public powers, may be notified by the court of the time and place of the court hearing (preliminary court hearing) only by posting the relevant information on official website of the court on the Internet information and telecommunications network within the period specified in part 7 of this article. These persons, as well as other persons participating in the case who have state or other public powers who have received the first judicial notice on the administrative case under consideration, independently take measures to obtain further information about the progress of the administrative case using any sources of such information and any means of communication.

9. The persons specified in part 8 of this article bear the risk of adverse consequences as a result of their failure to take measures to obtain information about the progress of the administrative case, if the court has information that these persons have been properly notified of the commenced process, except in cases when measures to obtain information could not be taken by them due to extraordinary and unavoidable circumstances.

10. If the persons participating in the case do not have the technical capability - local government bodies, other bodies and organizations vested with certain state or other public powers, they have the right to file a petition to send them court notices and summonses without using the Internet information and telecommunications network ".

1. Unless otherwise provided by this Code, persons participating in the case, as well as witnesses, experts, specialists and interpreters are notified by the court or summoned to court by registered mail with acknowledgment of delivery, a summons with acknowledgment of delivery, by telephone message or telegram, by facsimile communication or using other means of communication and delivery that allow the court to verify that the addressee has received a judicial notice or summons. A person participating in the case, with his consent, may be notified by sending him an SMS message or sending him a notice or calling him by email. The consent of the person participating in the case to notification via SMS message or email must be confirmed by a receipt, which, along with data about this person and his consent to notification in such ways, indicates his mobile phone number or email address to which the notification is sent. notice.

(see text in the previous edition)

2. A judicial summons is one of the forms of judicial notices and summonses. Persons participating in the case are notified by court summons of the time and place of the court hearing or the performance of certain procedural actions. Along with a notice in the form of a subpoena or registered letter, copies of procedural documents are sent to the person participating in the case. Subpoenas also serve to summon witnesses, experts, specialists and translators to court.

3. Persons participating in the case must be served with court notices and summons in such a way that these persons have sufficient time to prepare for the administrative case and to appear in court on time.

4. A judicial notice addressed to a person participating in the case is sent to the address indicated by the person participating in the case or his representative. If the citizen does not actually live at the specified address, the notice may be sent to his place of work.

ConsultantPlus: note.

From the date of commencement of activity of cassation courts of general jurisdiction and courts of appeal of general jurisdiction, Part 5 of Art. 96 is stated in a new edition (Federal Law

5. A judicial notice addressed to an organization is sent to its location. A judicial notice addressed to an organization may be sent to the location of its representative office or branch, if they are indicated in the constituent documents.

6. Foreign persons are notified according to the rules established by this article, unless a different procedure is established by an international treaty of the Russian Federation.

ConsultantPlus: note.

From the day the cassation courts of general jurisdiction and appellate courts of general jurisdiction began operating in Part 7 of Art. 96 amendments are made (FZ dated November 28, 2018 N 451-FZ). See future edition.

7. Information about the acceptance of an administrative claim, complaint or presentation for proceedings, about the time and place of the court hearing or the commission of a separate procedural action is posted by the court on the official website of the relevant court on the Internet no later than fifteen days before the start of the trial meeting or performing a separate procedural action, unless otherwise provided by this Code.

8. Administrative plaintiffs - state authorities, other state bodies, local self-government bodies, other bodies and organizations vested with certain state or other public powers, may be notified by the court of the time and place of the court hearing (preliminary court hearing) only by posting the relevant information on official website of the court on the Internet information and telecommunications network within the period specified in part 7 of this article. These persons, as well as other persons participating in the case who have state or other public powers who have received the first judicial notice on the administrative case under consideration, independently take measures to obtain further information about the progress of the administrative case using any sources of such information and any means of communication.