Litigation can hardly be called a pleasant procedure. Naturally, their participants try to complete the process as quickly as possible. Therefore, the question of how long the trial lasts is relevant for citizens who intend to divorce and divide property in court. There is no clear answer to this. The Code of Civil Procedure of the Russian Federation regulates the basic rules related to deadlines, but it is not always possible to comply with them exactly. Particular difficulties arise when combining a number of claims.
Approximately how long does a court hearing last?
It must be said right away that the time for considering a case is not standardized by law.
The thing is that each individual case has its own characteristics. In some situations, there is a confession from the accused, the evidence is read and a decision is made. In the event that the prosecutor and lawyer present their witnesses, consider the arguments of various experts, etc., the trial can last not only several hours, but also the entire working day.
In this case, the judge can periodically order a break and postponement of the trial. As for the cases that are considered by the magistrate, then everything is much simpler. As a rule, divorce proceedings are completed within 10 minutes. Other cases may be more protracted, but more often than not the court will simply adjourn the hearing.
How to speed up the trial process
If spouses want to complete the division process as quickly as possible, they should prepare for it in advance. Firstly, if possible, try to negotiate some controversial issues between the plaintiff and the defendant. Secondly, the disputed property needs to be assessed in advance. If it is clear that contradictions regarding the cost will arise, you need to contact the SRO in advance to conduct an examination.
If the property was purchased by one of the spouses, and the other intends to sue his share, you should think in advance about the mechanism for protecting your property interests and take care of collecting evidence.
And it is also very important for those who want to speed up the process not to combine several claims at once. For example, first dissolve the marriage and establish custody of the children. And then submit an application for division of property.
It is difficult to predict how long the division of joint property will last. The case can be considered within one day or drag on for several months. The duration depends on the complexity of the case and the court hearing it.
How long does an arbitration court hearing last?
Virtual directory - How long do courts consider cases? How long do courts consider cases? The time during which the court is obliged to consider a case depends on the type of court and the nature of the complaint. The types of vessels are described in detail here. In practice, there are also completely obvious cases, which are considered at a single meeting, and a decision is made on the same day.
The Constitutional Court has the longest time to consider cases among the courts of the Russian Federation, which is due to the importance of its decisions: sometimes they affect the legal system of the entire country. The large number of complaints filed in court also extends the review period, so that it can take several years.
How long does the court hearing last? Litigation is still an unusual and difficult phenomenon for residents of our country. It is for this reason that people strive to find out in advance how long the court hearing lasts, how it goes, and what is required of them. As for the duration of the trial, it is impossible to name a specific time in this matter.
For example, if we are talking about proceedings in the form of divorce proceedings before a magistrate, where only the plaintiff appeared, then such a meeting may be limited to minutes. If a serious criminal case is being considered, the trial can last for hours, retiring for a break. It must be said right away that the time for considering a case is not standardized by law. The thing is that each individual case has its own characteristics.
In some situations, there is a confession from the accused, the evidence is read and a decision is made. In the event that the prosecutor and lawyer present their witnesses, consider the arguments of various experts, etc. As for the cases considered by the magistrate, then everything is much simpler. As a rule, divorce proceedings are completed within 10 minutes.
Other cases may be more protracted, but more often than not the court will simply adjourn the hearing. Naturally, it depends on the very essence of the matter, as well as on the number of arguments. As we said earlier, all evidence that the prosecution may present can be challenged by the defense. Each party has the right to provide evidence, witnesses, submit motions and pressure.
All this affects the speed of consideration of the case. It should be noted right away that there are cases that have been considered for years. So, it is impossible to indicate exactly the time of the trial itself. The federal legislation of our country does not provide for the regulation of the process of court hearings. That is, the structure of the meetings itself is described down to the smallest detail; as for time, this concept is considered individual.
As for breaks, they are appointed by the judge at his own discretion or at the oral request of the parties. Remember that in a trial the most important thing is to establish the truth. Often, trials are postponed in order to once again check and double-check all the evidence and obtain the opinions of experts.
If a petition is filed during the trial, then in this case, the next hearing is scheduled so that this petition can be satisfied.
How long does a court hearing last? A court hearing is scheduled to examine all the circumstances. The number of court hearings is not limited, however, the judge is obliged to ensure that the court hearing is not delayed by the participants in the process.
In the process of considering criminal cases, certain cases are considered exclusively in a closed format. In terms of time, a court hearing can last 2 or 3 hours, taking into account certain breaks that the court takes if necessary.
As a rule, at a court hearing all witnesses are questioned and all facts and evidence are studied. Another court hearing is scheduled if some circumstances have been discovered, as well as if some witnesses have not yet been interviewed. That is, there is no specific data on the question of how long a court hearing lasts and how many court hearings are scheduled for one case. In fact, each situation is considered individually.
Also, in accordance with established legal norms, there is a need for the judge to control those aspects that can be formed by the participants in the process in order to delay the process.
Thus, you can be sure that if your case does not have any particular difficulties, then, in principle, it will be considered within one or two meetings. Accordingly, you can get the solution you need within a minimum amount of time. It must immediately be said that after receiving the statement of claim, the court opens legal proceedings, and after a month a court hearing is scheduled.
As a rule, the break between hearings is at least a month. However, if we are talking about an additional study of the facts, an examination, or the forced bringing of a witness, then it becomes possible to carry out the process of postponing the court hearing for two to three weeks, and in certain situations for several days.
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That is, if the process is delayed, you definitely need to act, submit petitions, evidence, and ask the court to pay attention to the actions of the other party to the process. How long does the trial last?
Litigation has a lot of features. You need to collect evidence and find an experienced representative for the trial. But, there are a lot of minor issues, for example, how long the trial lasts, how evidence is presented, how to behave in court. It would seem that the questions are not serious at all, however, they are incredibly significant.
In this case, it is possible to determine only how much evidence will be considered, but other evidence that has not previously been announced may also be presented at the trial.
Initially, it must be said that the most minor legal proceedings are inherent in magistrate judges. For example, divorce proceedings can last no more than 10 minutes if the defendant simply does not show up for the hearing. At the same time, if the case is quite simple, say, there is a confession by the accused, and all the necessary evidence has been collected, then the trial itself will be very quick.
At the same time, if the trial is based on a controversial situation, when the prosecutor will prove his side, and the lawyer will prove his side, when various evidence and arguments will be provided, the trial can be very lengthy.
At the moment, the structure of judicial proceedings is thought out to the smallest detail and is clearly defined by the legislation of our country. As for the issue of time, in this case, there are no restrictions or clearly defined norms.
So, it is impossible to say with confidence that the trial will take place within a couple of hours or will last for several days. It should be noted right away that the trial can last for years. At the same time, if your interests are represented in court by a lawyer, you will be able to find out from him the approximate time of the trial.
If your debt is large enough and you cannot agree with the bank on its restructuring, then the matter will almost certainly end in court. What amount is considered large enough to go to court - this question significantly depends on the specific bank and the region of Russia.
For example, in Moscow, the courts usually end those loans for which the total debt, including interest and fines, exceeds thousands of rubles. As for the timing of the bank's appeal to the court, there is no certainty here, and we can only talk about approximate guidelines. For mortgage loans, banks typically file claims relatively quickly, on average months after the debt is incurred.
For car loans, the term is longer, usually in the range of months after the borrower stops paying. Naturally, if the debtor tries to establish a dialogue with the bank or makes some payments, the specified deadlines can increase significantly.
For simple consumer loans, the range of terms is even greater than for mortgages and car loans. How long does it take for a bank to sue for non-payment of a loan - this is determined by many factors: the amount of debt, the specifics of the bank, the characteristics of the work of collectors, the behavior of the borrower, etc. Large banks, for example, Sberbank, go to court quite quickly - literally months after the borrower has stopped to pay.
Smaller banks, especially if they actively use collectors, go to court much more slowly - after six months, a year or even more. Let us give a few examples typical of Moscow; For other regions, these data, of course, may not correspond to reality.
Let's say you have a loan from the Moscow Credit Bank, the balance of the debt is about thousands of rubles, you stopped paying and no longer contact either the bank or the collectors - in this case, expect to go to court in about six months. If, in the same initial situation, you somehow communicate with the bank and periodically answer calls from collectors, promising to pay everything, but later, then the period for going to court may increase to one and a half to two years.
Further steps after the moment when the bank filed a lawsuit for non-payment of the loan are clearly defined by the Code of Civil Procedure - Civil Procedure Code. However, the duration of these steps in practice may differ significantly from that fixed in the law, and this is especially evident in the overloaded courts of Moscow.
What decisions are made at the first meeting?
It is important not only to know how the first bankruptcy court hearing goes, but also what is decided there.
Following the meeting, the court may:
- recognize the application as justified and begin debt restructuring;
- leave the application without consideration (in this case, the debtor can resubmit the documents);
- recognize the application as unfounded and terminate the case.
The application may be left without consideration if, on the date of its submission, signs of insolvency (insolvency) are not confirmed, there are no judicial acts on debt collection, or there are other comments. Later, the debtor can reapply if he eliminates the deficiencies.
If the application is found to be justified, the judge will indicate in the ruling:
- on the initiation of bankruptcy, the transition to debt restructuring or the sale of property;
- on the appointment of a manager from among the candidates submitted by the SRO;
- on the introduction of any restrictions on the debtor.
You can immediately proceed to the sale of property if the applicant does not meet the requirements for approval of the restructuring plan. This must be indicated immediately in the application or in a separate petition.
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This will allow you to avoid paying remuneration to the manager for the debt restructuring stage and go through all the procedures faster.
To consult with a bankruptcy lawyer, please contact our specialists by phone numbers listed on the website or through the feedback form. We will help you draw up documents, select a manager and send a lawyer to court to protect your interests.
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Time for the trial to begin: what to do if the hearing does not start on time
The period of proceedings for a claim is the time determined by law for resolving civil disputes in court. It may vary depending on the type of claim and jurisdiction.
Based on the general rule under Art. 154 of the Code of Civil Procedure of the Russian Federation, the period for consideration of a statement of claim in a civil case is 2 calendar months from the moment the court accepts the documentation from the plaintiff.
After the plaintiff submits an application with attachments, specialists need time to send copies of the documents and the claim provided by the applicant to the participants in the future process. After which the judge can determine the date of the preliminary hearing in the case. It will be appointed taking into account the fact that the parties need to obtain claim documentation and prepare for the court hearing.
The date of the 1st court hearing will be set after the preliminary process. Subsequently, it can be rescheduled by the judge, but taking into account the fact that the decision must be made within the period specified by legislators (within 2 months).
Time of claim proceedings
After the court's conclusion is finalized, 10 days must pass. After the designated period, the document will gain full legal force. If the defendants are absent from the hearings (that is, if the decision was made in absentia), the above period begins to count from the moment the court order is served on them.
Note! The applicant will be given the claim documentation along with the writ of execution after the expiration of the procedural period.
This refers to the period for the entry into force of the court's conclusion. Next, the applicant has the right to contact the bailiffs with the received documentation.
For them, legislators have defined a 3-month period for enforcement proceedings. But in reality, this process may take a long time.
Civil cases must be considered in courts within strictly defined time limits by law. Neither the judge nor the participants in the proceedings by agreement can in any way influence the change in the procedural period. It cannot be increased or decreased.
Time limit for consideration of an appeal in a civil case
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In order to quickly restore the violated rights of a citizen and preserve the authority and reputation of the country's judicial system, the Supreme Court of the Russian Federation recommends that each subordinate state structure follow the legal requirements regarding procedural deadlines and strictly comply with them.
Note! The task of judges in any civil proceedings is to be able to give all parties to the process a sufficient period of time to complete the necessary procedural actions. In this case, the claim must be considered within a period specified by law, during which time all the issues that arise between the parties have been resolved.
An exception in this case may be cases that require special attention and lengthy preparation due to their complexity. Based on Part 3 of Art. 152 of the Code of Civil Procedure of the Russian Federation, proceedings in such cases may go beyond the scope defined by law for studying the case. The judge decides to extend the term, taking into account the point of view of all participants in the process.
Deadline for filing an appeal in a civil case
After filing a claim in court, how long should I wait for a court hearing? After submitting appeals to the court, the deadline for accepting claims for proceedings under the Civil Procedure Code is 5 days. In most cases, this interval is not violated. During this time, the court may make the following decisions:
- open office work;
- refuse to open a case;
- forward the documentation to the applicant;
- leave the application without consideration and then return it to the plaintiff.
How long after filing a claim will a court hearing be scheduled? After studying the claims, the plaintiff is notified of its results.
If the issue is resolved positively, then the documentation on the case is sent to the office for distribution of copies to the parties to the process. And the judge sets a date for the preliminary hearing.
It can be appointed within a period of 30 to 60 days from the date of receipt of the application by the court.
The time frame for processing applications may vary depending on the type of proceedings and the jurisdiction of the authority.
Sample statement of claim for alimony
The legislation of the country provides for cases when the court makes its decision on a case without the participation of the parties to the claim. After receiving and studying the documentation, the necessary copies are sent to the parties to the proceedings (except for the applicant). Next, the defendant and other participants are given 14 days to collect and provide the necessary evidence.
The total time for proceedings under the simplified system is from 30 to 60 days, including the intervals spent on sending correspondence. The procedure itself takes no more than 20 days.
The arbitration court considers claims a little longer - up to 3 months, with a simplified procedure - up to 2 months.
On a note. If the proceedings in the case have been postponed or suspended, then the period for consideration of the application also ceases to run.
The period for consideration of an administrative claim is determined by the Civil Procedure Code and is 60 days. The Supreme Court may use 3 months to hear an administrative complaint.
If the cost of the claim is up to 50 thousand rubles*, then it will be considered by the magistrate court. Also subject to consideration by this authority are claims for divorce proceedings without jointly acquired property and children.
Additional Information. The duration of the proceedings in this case is 1 month. Such a shortened period is determined by law, and is explained by the absence of difficulties in considering the application.
But due to the fact that in densely populated cities government agencies may be overloaded, the date of the meeting may be postponed or the deadline may be suspended.
For some categories of claims, legislators have provided for a shortened period of proceedings. Such complaints may include:
- assignment of alimony payments;
- from the field of labor legislation, for example, on reinstatement.
Labor Relations
How long can labor relations proceedings last? Based on Art. 154 of the Code of Civil Procedure of the Russian Federation, this type of claim falls under the general rule for their consideration.
Important! The exception is claims for reinstatement; the duration of their consideration is 1 month.
But there are several features here:
- It is also necessary to take into account the time when the court's conclusion comes into force.
- After receiving the decision, the defendant has the right to file an appeal, for which he has 30 days. The period for its consideration can be up to 2 months.
Thus, proceedings on claims regarding reinstatement can last up to six months.
As for the consideration of the claim for alimony payment, the magistrate court is obliged to consider it within a month. The decision can be made without a meeting and formalized by order or by the method of claim proceedings.
If an application has been submitted for a court order, then the determination is made within 5 days from the date of receipt of the document without calling the parties, the order is sent to the defendant. Within 10 days, he can file a claim to cancel the order. If this does not happen, then on the 11th day the order acquires legal force and is sent to the bailiffs to initiate legal proceedings.
If the applicant has filed a claim, then the magistrate will accept the claim for the proceedings of the Civil Procedure Code within a 5-day period, after which a ruling will be made.
If there is no appeal, then after 30 days the court’s conclusions gain legal force.
Once the application is filed and accepted, the judge will need to set a date for a preliminary hearing. This takes into account the time required to notify the parties to the proceedings and their preparation for the meeting. It is necessary to determine the days of preliminary, first and subsequent hearings so that all proceedings are carried out within the 2-month period specified by legislators.
Statute of limitations
In most cases, a 3-year statute of limitations applies for civil and arbitration cases. For some categories defined by law, a 10-day period applies. These provisions are enshrined in the Civil Code of the Russian Federation, Civil Procedure Code, Arbitration Procedure Code, and CAS of the Russian Federation.
Important! If the injured party misses the deadline for filing a claim, it may not be accepted by the court or it may be rejected during the hearing after a corresponding application from the defendant. If it is not possible to file a claim before the expiration of the statute of limitations, the applicant must file a claim to restore this period, justifying the reasons for the omission.
Therefore, you should not expect a quick reaction from the judicial system to a claim filed by a citizen. Regulatory legal acts clearly define all stages of reception and proceedings for different types of claims. In addition, cases of extension cannot be ruled out due to the heavy workload of the government structure.
*Amounts are current as of September 2021.
These are the kind of judges of the old school who want to get to the bottom of the dispute, and not make a “blunder” decision on formal grounds. Personally, I like to read the speech, I think it greatly influences the position of the parties, because as we know, pronouncing the text out loud is more convincing than reading dry text with our eyes. After all, every word can play a role for a party to a case.
But unfortunately there are very few such judges.
Everything is very individual. If you mean one court hearing, then it can last from 5 minutes to several hours. The duration depends on whether all participants in the process were notified and came to the hearing, as well as on the complexity of the case, the number of petitions, and witnesses. A typical court hearing in a consumer protection case, for example, can last on average up to 1 hour.
How to behave in court in cases of administrative offenses
If you have received a summons for an administrative violation, follow the step-by-step instructions:
Step 1. Read the case materials. A similar right is reserved for participants in the process in the Code of Administrative Offenses of the Russian Federation and the Civil Procedure Code of the Russian Federation.
The offender files an application to study the case materials. The form can be obtained from the court or requested here. The completed document is submitted to the court office or signed by the court clerk. Cases are issued by an office worker.
The court does not provide a copy of the file to the applicant. To preserve the case materials, take photographs of all pages of the document. Such a right is enshrined in law.
Carefully read the case materials, the testimony of the victim and witnesses.
Step 2. Start preparing for the meeting.
Decide whether you need a lawyer and make a written list of questions you plan to ask in court to protect your interests of the victim or witnesses.
Evgeniy Baidalin
Practicing lawyer in civil and arbitration cases. More than 8 years of experience
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To call witnesses to the hearing, you must submit a petition to the court.
If there is evidence that is not in the case file, prepare a petition for discovery.
Evidence includes:
- video camera recordings;
- eyewitness accounts, etc.
Step 3: Arrive at court early.
Before the meeting begins, turn off your phone. Provide the secretary with your passport and power of attorney when representing the interests of the defendant.
Behave correctly at the meeting:
- Address the court as “dear court” or “your honor.” All other requests will be perceived as disrespect.
- Arguing in court is unacceptable. You may be fined for this.
- Do not interfere with the actions of any of the participants in the meeting, including the judge.
- Don't interfere with the progress of things.
- Comply with all requests of the judge.
The procedure for consideration involves listening to the arguments and evidence of the parties, assessing them by the court and making a decision.
If you cannot obtain the necessary evidence, you can petition the court to obtain it. The court can either refuse or grant the request. To avoid losing your case, seek help from a lawyer.
How to convince a judge to reduce your sentence
Every citizen of the Russian Federation has the right to petition for a mitigation of punishment. The list of mitigating circumstances is indicated in Part 1 of Art. 4.2 Code of Administrative Offenses of the Russian Federation. In addition, judges have the discretion to recognize a mitigating circumstance. Any fact is taken into account.
For example, a violation of the law by a single mother is a sufficient fact to mitigate the punishment.
A petition for mitigation of punishment is considered without fail, followed by a ruling.
Procedure for considering a claim after the start of the production process
Based on the general rule under Art. 154 of the Code of Civil Procedure of the Russian Federation, the period for consideration of a statement of claim in a civil case is 2 calendar months from the moment the court accepts the documentation from the plaintiff.
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After the plaintiff submits an application with attachments, specialists need time to send copies of the documents and the claim provided by the applicant to the participants in the future process. After which the judge can determine the date of the preliminary hearing in the case. It will be appointed taking into account the fact that the parties need to obtain claim documentation and prepare for the court hearing.
Reasonable limits
The general rules are the same for magistrates' courts, courts of first instance and other instances - the date of the trial should not exceed 14 days from the date of the relevant decision.
If mandatory jury participation is implied, the time period may be increased to 30 days.
This is due to the need to carry out a number of activities to prepare the list of jurors.
For criminal cases, there is an additional condition - the hearing can be held after the accused receives documents at least 7 days later.
By law, a judge can extend the deadlines if there are grounds. This often results in the case being delayed.
A popular term used by the law is reasonable time. However, there is no clear definition of what period is reasonable. Based on established judicial practice, it can be determined that the time to resolve the issue usually depends on the following conditions:
- legal, factual complexity of the case;
- conduct of the parties;
- sufficiency of the evidence base;
- effectiveness of officials' actions;
- timely decision making.
Various subjective circumstances (for example, forced replacement of a judge) should not become a reason for delaying the process.
Detention
The Code of Criminal Procedure of the Russian Federation (Article 109) determines that a person can be in custody for a maximum of 2 months. Accordingly, the issue of the act committed by him is considered within this period.
If the preliminary investigation could not be carried out within 2 months, then the period increases to 6 months.
In some cases - up to 12 months. This applies to serious and especially serious crimes, the consideration of which is complicated by a number of circumstances. Such a period is established only by order of authorized officials.
Over 12 months - in exceptional situations. The maximum time limit allowed by law is up to 18 months.
A citizen cannot be held longer than this time.
In practice, situations often arise when a case is sent to court and then returned to the prosecutor (to eliminate violations).
As a result, the deadlines that were relevant before the court decision are no longer valid.
Since we are talking about serious, especially serious crimes, the accused cannot be released while all procedural delays are resolved for security reasons.
How is a criminal complaint processed?
At the legislative level, there is a special procedure for registering requests to law enforcement agencies, which must be followed by a representative of the operational duty unit of internal affairs.
When it comes to a personal appeal from the victim or third parties, the applicant is given a certificate with the following information:
- the date the law enforcement officer received information about a crime committed or being prepared;
- the number that was assigned to the application and recorded in the registration log;
- details of the employee who accepted and registered the request.
Then the facts stated in the appeal are verified, which takes 3 days. In some cases, this period may be extended to 10 days by the head of the relevant investigative unit or inquiry body. If, during the preliminary inspection, the inquirer or investigator determines that there are grounds for a more thorough study of certain aspects (conducting audits, documentation), then he can appeal to superiors with a request to extend the period for studying the facts to 30 days.
After the information submitted by the victim has been verified, one of the following decisions is made:
- a resolution is written to begin criminal proceedings in the case (Article 140 of the Code of Criminal Procedure of the Russian Federation);
- a resolution is written to waive criminal prosecution (Article 148 of the Code of Criminal Procedure of the Russian Federation);
- The case materials are transferred either according to jurisdiction (to the bodies of inquiry or investigation, which is regulated by Article 151 of the Code of Criminal Procedure of the Russian Federation), or directly to the court when it comes to criminal cases of private prosecution (Article 20 of the Code of Criminal Procedure of the Russian Federation, part 2).
If the response period has expired and none of the above actions have occurred, then it makes sense to say that law enforcement officials are inactive. According to legislative norms, such cases can be appealed by contacting the authorities that control the activities of first-level law enforcement agencies.
Reasons for exceeding
Main reasons:
- exceptional complexity of the case;
- non-appearance of participants in the process;
- incompetence of the judge;
- poor organization of the trial;
- insufficient control of higher authorities over the activities of the judiciary;
- artificial bureaucratic red tape created by corrupt officials.
The level of organization of the judicial process is of great importance for compliance with the deadlines established by law, even when considering complex cases.
With competent actions of all officials and their objective attitude to the matter, as a rule, compliance with the deadlines established by law becomes possible.
Thus, if participants in the process (witnesses, victims, the accused) fail to appear in court, there is often a lack of necessary notification of citizens about the date and time of the hearing.
If this notification is organized at the proper level, and the attendance of participants is mandatory (coercive measures are applied to witnesses and victims, and the accused is taken into custody for a violation), then problems with this issue do not arise.
Read about the time frame for conducting an investigation in a criminal case.
How does a trial for an administrative offense proceed?
Administrative cases are considered in court according to the norms of the Code of Administrative Offenses of the Russian Federation dated December 30, 2001 No. 195-FZ. The judge and the offender are present at the hearing. The participation of the court secretary and the keeping of minutes of the meeting is provided for by law. If the case is considered by another authorized body rather than a court, the process is similar. An official is reviewing the situation.
Before the hearing begins, the offender is required to sign a document explaining his rights. Usually this is a receipt.
The meeting begins with the judge introducing the parties and a brief summary of the essence of the process:
- the judge represents the offender;
- explains to him his rights and obligations;
- accepts petitions, if any;
- accepts challenges.
After the introductory part, the federal judge listens to the violator’s point of view, clarifies the information if necessary, and leaves to make a decision. Based on the information received, a judicial act is issued.
Peculiarities of consideration of a claim by a magistrate
If the cost of the claim is up to 50 thousand rubles*, then it will be considered by the magistrate court. Also subject to consideration by this authority are claims for divorce proceedings without jointly acquired property and children.
Additional Information. The duration of the proceedings in this case is 1 month. Such a shortened period is determined by law, and is explained by the absence of difficulties in considering the application.
But due to the fact that in densely populated cities government agencies may be overloaded, the date of the meeting may be postponed or the deadline may be suspended.
Time of trial
What delays the bankruptcy procedure?
Let's look at what moments can significantly delay bankruptcy.
- Incorrect preparation of the application.
We recommend that clients prepare documents with the help of lawyers. If you send an incorrectly drafted application, the court may refuse it immediately, or send it for revision and request documents. In this case, the debtor wastes time. - Introduction of a restructuring procedure.
By law, the court must first introduce this procedure in order to explore debt repayment options (the schedule will be approved if the person can pay more than 50% of the claims in 3 years). But if the income is obviously insufficient, the court has the right to skip the restructuring and immediately introduce the sale of property.If the debtor does not prove at the first meeting that there is no way to pay, he will lose 4-6 months on an unnecessary procedure. Note that the extra costs will be at least 45 thousand rubles. It is more profitable to immediately transfer the case to lawyers, who will prepare calculations and convince the court to immediately proceed to the sale of property and write-off of debts.
- Lack of agreements with the financial manager.
It is necessary to find and discuss all working issues in advance and express your wishes. Usually people want to keep the property or sell it to relatives at auction. The debtor should agree in advance with the manager on all conditions. If you propose an SRO without discussing the conduct of the case with a specific financial manager: the SRO will refuse the Arbitration Court’s request to provide a candidate to conduct the case; - The manager will refuse to conduct the business or, even worse, will take the position of the banks.
The bankruptcy estate includes any property of the debtor, with the exception of the items listed in Art. 446 of the Code of Civil Procedure of the Russian Federation, and protected by legislative immunity (sole housing, personal belongings, etc.). Next, an auction is held where the remaining property is sold.
Trading is carried out in 3 stages, but, as a rule, already at stage 1-2, liquid objects are purchased. Illiquid ones remain until the last stage - until the stage of public offering, when the price decreases until someone buys the object. Any property worth more than 10 thousand rubles is required by law to be sold, and this delays the process of recognizing insolvency.
The following may serve as illiquid property:
- a plot of land in a hard-to-reach place, unsuitable for construction or growing crops;
- village house without renovation, in disrepair. Especially if it is located in a remote village, away from roads and railways.
Let's summarize.
How long does the bankruptcy procedure take? At least 6 months, but the terms are determined individually. What matters is whether the debtor has property or not, disputes with creditors, as well as the quality of preparation for the procedure and the work of the financial manager.