Litigation is a very tedious and time-consuming business. However, in the information age, many things can be simplified. So, for example, a participant in the process can easily find out the court decision in absentia via the Internet by last name or by case number by looking at the website of a specialized online service, if it is not possible to be personally present when the decision is announced. To do this, you only need a phone, tablet or computer with Internet access.
In this article we will look in detail at how to find and view a court decision on the website of the State Automated System of the Russian Federation “Justice”, as well as on third-party online services.
How to view a court decision on the website by case number online
To view the court decision online you need to:
- Open the website of the State Automated System of the Russian Federation “Justice”;
- Select the “Search for judicial acts” section on the main page of the portal;
- On the search page, you must provide the required information. In most cases, the case number is sufficient. But if the list of returned results is large, then you can expand the search information, for example, by indicating the dates of receipt, decision, entry into force, select a subject of the Russian Federation and the level of court, name of the court, full name of the judge, article or category;
- If the data is correct, the system will display the result found;
- When you click on the link, a page will open where you can find out the court decision.
Can it be found from the data of the plaintiff or defendant?
Undoubtedly, citizens have the opportunity to find a court decision by the name of one of the participants in the trial (plaintiff, defendant, and even the judge). This can be done in different ways. The main ones include:
- searching for information of interest on the website of the judicial authority that conducted a specific case and made a final decision on it (for example, on the website of the Moscow City Court);
- use of an online platform called “SudAkt” (Judicial and regulatory acts of the Russian Federation);
- appeal to the state automated system of the Russian Federation “Justice”.
It is worth noting that in the last two cases, a case can be searched only by the name of the judge who reviewed and resolved it.
Federal courts of general jurisdiction
You can also search for information about the activities of federal courts of general jurisdiction by going to the appropriate section.
How to find out a court decision online by last name
To find out the court decision in cases online by last name, heard in the Federal Courts of General Jurisdiction, you must do the following:
- Go to the “Justice” portal;
- Go to the section “Federal courts of general jurisdiction”;
- Go to the “Search by courts and judicial acts” subsection from the navigation menu at the top of the screen;
- Provide the required information: full name of the participant in the process and case number. If necessary: subject of the Russian Federation, name of the court, date of admission and name of the judge (in the advanced search). After which the system will display the information found. To go to view information on the case, click on the link with the case number. To view the judicial act, you must click on the “Text of the document” link.
Why know about the existence of a claim?
It is necessary to know about the claim in order to be able to assert your rights. With personal participation in the case, the defendant or his lawyer will be able to influence the final decision, cancel it or significantly reduce the requirements.
The Constitution of the Russian Federation guarantees every citizen the right to judicial protection. It is the responsibility of the court and the plaintiff to receive notice that you have been sued. The law also guarantees the opportunity to check a statement of claim in court online, which is enshrined in the Code of Civil Procedure of the Russian Federation.
According to Art. 233 of the Code of Civil Procedure of the Russian Federation, a judge has the right to consider a case without a defendant if:
- he was duly notified of the place and time of the meeting, but did not appear and did not report the reasons;
- he reported the reasons, but they were considered disrespectful.
In this case, the decision is made in absentia. There is a limited time to challenge it - 7 days from the date of issue. Considering that the notice has not arrived, there is nothing left to do but look at the statement of claim on the court’s website and take immediate action.
There are nuances in the law in which even if the notice is not delivered personally to the citizen, he is still recognized as notified. For example, Art. 116 of the Code of Civil Procedure of the Russian Federation indicates that if a citizen is not at his place of residence, then the person delivering the summons has the right to serve it on someone who lives with him and agrees to deliver the notice to the defendant. A Art. 118 of the Code of Civil Procedure obliges participants in the process to report a change of address. If there is no such message, then the notice is sent to the last known address and is considered delivered, even if the person does not live or appear there.
Note! If the bailiffs came to you with a decision that was made in your absence, but you did not receive any notices, explain the situation to the executors and ask for a postponement of the execution of the document. Exercise your right to overturn the decision. Without proper notification of the parties, the meeting is illegal. This is confirmed by the Collegium of the Supreme Court of the Russian Federation in its decision dated May 29, 2018 No. 18-КГ18-74.
How to find an arbitration court decision by name and case number
On the Justice website you can also find the decision of the Federal Arbitration Court by name and case number.
How to find out the decision of the arbitration court
How to find out the decision of the arbitration court:
- Open the website “Justice”;
- Go to the section “Federal Arbitration Courts”;
- Find the file of arbitration cases, the link to which is located in the navigation menu on the left;
- Enter in the appropriate fields the participant in the case, the name of the judge, the name of the court, the case number, and the date of registration;
- If you find a large number of cases, you can use the filter by selecting only: administrative, civil, bankruptcy, court orders;
- The system will provide basic information: date and case number, last name, initials of the judge, city, plaintiff and defendant;
- To go to view detailed information, you need to click on the link with the case number;
- After which the screen will display a complete list of details of the case, including judicial acts, a calendar of events, etc.
How to find out about a case
Don't panic after unexpected news. An order is easy to cancel, an illegal decision is easy to appeal. To do this, a claim must be found.
Personally
The first thing that comes to mind when thinking about how to check lawsuits by last name is to come to the magistrate or district court and ask at the office. Find out what address the sites are located at and check this information. You can immediately take a copy of the case or order.
On the Internet
Today it is easy to check a statement of claim to the court online - there are judicial databases. Based on Federal Law 262-FZ, information about the activities of courts is in the public domain. Information is available on their websites and government online systems.
The most complete information base is the official website of legal claims Justice. This is a state search system for all categories of courts of the Russian Federation. Choose a location, dates, its level - everything that you know. Write your last name on the top line. This is necessary to narrow your search. But the search process is not very conveniently organized here; it is difficult to check claims in court by full name. There are too many results if you don’t enter specific data - the judge’s name, case number, etc.
You can search in the Judicial decisions service. This is part of the Legal Information Agency portal. Its employees copy solutions published on official websites into their database. There is a very convenient search here. It is easy to check the claim in court by last name and federal district. But since this is not a government database, it may not contain all claims, and you may not find the one you are interested in.
Universal portal - SudAkt. Here the document can be found using any details. The advantages of the portal are fast search, drop-down lists. How to work:
- In the top line, select which authority interests you.
- To find out about lawsuits by last name, enter it in the “Document text” field.
- Choose region.
In a few seconds you will receive the data you are looking for.
The problem of how to view a statement of claim on the court’s website has also been implemented in the regions. To do this, simply enter the word “court” into any search engine. Most likely, your city will be first on the list. In the site menu on the left, find the “Region Courts” section and follow it. Select the jurisdiction you need: district, regional, world, etc. A drop-down list will open with the details of the sites. Follow the link, click on the “Judicial Proceedings” tab - you will see a list of cases scheduled for today’s date.
Click on “Search for information on cases” and in front of you is a file index of how to check lawsuits by last name, among other things. If you remember other details, enter them.
In the database of arbitration courts My Arbitrator, a search by last name is also implemented. Go to the “Decision Bank” or “Case File” tab. Enter the information in the “Case Participant” field. To reduce the number of results, additionally fill in other known data: judge’s name, case number, etc.
If you cannot find a court decision online
According to Article 4 of the Federal Law of December 22, 2008 N 262-FZ “On ensuring access to information about the activities of courts in the Russian Federation”, among the basic principles of ensuring access to information about the activities of courts are the following:
Openness and accessibility of information about the activities of courts, except for cases provided for by the legislation of the Russian Federation.
What are these cases that exclude information from free access on the Internet, provided for by the legislation of the Russian Federation? To find out this, you can refer to Article 15 of the same law, which states that:
The texts of judicial acts issued in the following cases are not subject to posting on the Internet:
- Affecting the security of the state;
- Arising from family legal relations, including in cases of adoption of a child, other cases affecting the rights and legitimate interests of minors;
- On crimes against sexual integrity and sexual freedom of the individual;
- On limiting the legal capacity of a citizen or declaring him incompetent;
- On forced hospitalization of a citizen in a psychiatric hospital and forced psychiatric examination;
- On making corrections or changes to the civil registration record;
- On the establishment of facts of legal significance considered by courts of general jurisdiction;
- Permitted in accordance with Article 126 of the Civil Procedure Code of the Russian Federation, Article 123.5 of the Code of Administrative Proceedings of the Russian Federation.
Why do you need to learn about litigation?
There are often cases when a court hearing takes place without the presence of the defendant. The reason is that the accused party does not realize that legal proceedings have been opened against him. How it happens is described above: the notice simply does not reach the defendant. The citizen does not appear at the court hearing on the appointed day and this aggravates his situation. It is much easier to make a claim against a person who is absent and unable to defend himself. In such a situation, the truth will always be on the side of the accuser, and the accused will find out about it after the fact.
Even if the court hearing has already passed and the defendant has been charged, it is possible to appeal the court decision. The sooner you find out what charges you are facing, the easier it will be to build a course of action. If, for example, there is a debt to the bank, but the borrower openly declares his readiness to cooperate, they will meet him halfway and offer options for a peaceful resolution of the issue. The main thing is not to miss the moment, not to become a “malicious violator.” For this purpose, timely information about the case will be useful.
Electronic submission of documents to arbitration courts of the Russian Federation
You can submit documents to the arbitration court electronically – through the “My Arbitr” system.
In the “My Data” section (after registering in the “My Arbitr” system through State Services), information about the registered person appears. It can be edited if necessary.
In the “Applications and Complaints” section you can make a claim, complaint or application for review of the case based on newly discovered circumstances. You can view documents related to your case in the corresponding section of the system. In addition, through “My Arbitrator” a person or organization can file for bankruptcy.
To work with the My Arbitr system, the user needs to have a strengthened electronic signature.
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In what situations can the trial proceed without you?
In some situations, it is possible to consider a case without the personal presence of one of the parties. If this is a civil process, then the procedure for holding such a meeting is described in Art. 233 Code of Civil Procedure of the Russian Federation. Thus, in a case where the defendant was notified of the date, time, and place of the hearing of the case, but could not or did not want to be present in court, and did not inform in advance about the presence of a valid reason, the case may be considered in absentia proceedings.
According to Art. 237 of the Code of Civil Procedure of the Russian Federation, the defendant retains the right to file an application to cancel the decision within 7 days from the date of receipt of a copy of the verdict. The petition must indicate valid reasons that prevented the defendant from notifying the judge of a possible failure to appear.
In the case of criminal proceedings, the hearing can take place without the participation of the defendant only in two situations described in clauses 4.5 of Art. 247 Code of Criminal Procedure of the Russian Federation:
- for crimes classified as light or medium gravity, if there is a request from the defendant to conduct the trial in his absence;
- in cases of serious, especially serious offenses, if the defendant is outside the Russian Federation, is hiding from appearing in court, or is brought to justice in this case in the territory of another country. In this case, the presence of a defense attorney is required to defend the interests of the accused citizen.
This is important to know: Claim for reinstatement at work
Why study your counterparty's arbitration cases?
Arbitration courts consider economic disputes related to the business activities of companies, these include:
- bankruptcy;
- registration of legal entities;
- protection of business reputation;
- corporate disputes;
- compensation for losses.
Analysis of arbitration cases helps to assess the integrity of the organization in working with counterparties, find out the most common subjects of disputes, understand what amounts the company has, identify indicative proceedings in a timely manner and determine whether there are tax-related violations. Data from Focus is often used as evidence in legal proceedings. From November 2021 to September 2020, 640 documents mentioning the service were found in the file of arbitration cases. We've put together a review and looked at some of them.
The role of Contour.Focus in judicial practice: review of arbitration cases
