Administrative claim - rules for registration and filing

With the entry into force of the Code of Administrative Procedure of the Russian Federation on September 15, 2015, many changes have occurred in the judicial system. 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 of court documents, including administrative claims. Violations of the requirements of the law when drawing up a claim and filing it can lead to the abandonment of the administrative claim without progress, therefore, significantly affect the timing of the consideration of the case, and in some cases can lead to a refusal to accept or return the claim.

The difference between the CAS of the Russian Federation and the Code of Civil Procedure of the Russian Federation and the Arbitration Procedure Code of the Russian Federation

The norms of the CAS of the Russian Federation, establishing the jurisdiction and jurisdiction of administrative cases, are generally quite comparable with the similar norms of subsection. III section II Code of Civil Procedure of the Russian Federation, which until September 15, 2015 were applied to cases arising from public legal relations.

Most of the other procedural rules without significant changes were transferred to the CAS RF from the Code of Civil Procedure of the RF.

Some rules were also borrowed from the Arbitration Procedure Code of the Russian Federation, including the rules for exemption from proof of circumstances recognized by the parties.

The following innovations should be noted. To initiate legal proceedings, you need to apply to the court with an administrative statement of claim (and not with a statement or statement of claim, as was previously the case).

It is possible to notify and summon persons involved in the case, witnesses, experts, specialists and translators by SMS messages, subject to the rules provided for in Article 96 of the Code of Arbitration Code of the Russian Federation).

The novelty is the establishment of an obligation for an administrative plaintiff with state powers to send copies of the administrative statement of claim to persons participating in the case.

From September 15, 2016, it is possible to file a claim using the Internet by filling out a special form on the court’s website.

The CAS of the Russian Federation has expanded the possibilities for joint participation of plaintiffs in the consideration of administrative cases; the procedure for filing a collective administrative claim in court has been determined; for the purposes of challenging legal acts, the obligation of a person without a higher legal education to hire lawyers has been established; preliminary protection measures and conditions for their application have been established; shortened deadlines have been established for the acceptance and consideration of claims and complaints.

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. Thus, in addition to the original receipt for payment of the state duty (the amount of the state duty is determined in accordance with the rules of the Tax Code of the Russian Federation), 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:

• a copy of the legal act, decision of the 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 is involved 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 by 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 by post. As 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!

The concept of an administrative claim and an administrative claim

Although the CAS of the Russian Federation introduces the concept of “administrative claim,” it does not contain a corresponding norm-definition (definition of the concept).

An administrative claim can be defined as a demand addressed to the court of first instance for the protection of public material rights, freedoms and legitimate interests.

An administrative claim is a document that may contain several administrative claims. For example, an administrative plaintiff has filed more than one substantive claim. Thus, according to Article 124 of the CAS of the Russian Federation, an administrative claim may contain the following requirements:

1. on recognition as invalid in whole or in part of a normative legal act adopted by the administrative defendant;
2. on declaring illegal in whole or in part a decision made by an administrative defendant, or an action (inaction) committed by him;
3. on the obligation of the administrative defendant to make a decision on a specific issue or take certain actions in order to eliminate violations of the rights, freedoms and legitimate interests of the administrative plaintiff;
4. on the obligation of the administrative defendant to refrain from performing certain actions;
5. on establishing the presence or absence of authority to resolve a specific issue by a government body, local government body, other body, organization vested with certain state or other public powers, or an official.

An administrative claim may contain other requirements aimed at protecting rights, freedoms and legitimate interests in the field of public legal relations.

Form and content of an administrative claim

According to Article 125 of the Code of Arbitration Code of the Russian Federation, a statement of claim in an administrative case is drawn up in writing in a 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 of the 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 require the mandatory participation of a representative;
• name of the organization or full name of the representative, his postal address if the application is submitted by a representative;
• telephone/fax number/e-mail address of the plaintiff or his representative;

The content of the claim directly depends on what actions are being appealed. Thus, we can talk about challenging the decision of an authority, appealing against the actions of officials or the actions of a bailiff. Let's consider each claim separately.

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 receipt of an official refusal or failure to receive a response within the prescribed period. The authorities whose actions are subject to challenge in court include the authorities of the Russian Federation, regional, republican and regional authorities, as well as municipal authorities.

Important! Most claims in administrative cases are related to challenging decisions of government authorities. It is worth noting one feature here - when drawing them up, you can use the right to file a petition for the application of preliminary protection measures, and thus suspend the effect of the decision or otherwise (Chapter 7 of the CAS RF).

Sample claim to challenge a government decision

Administrative claim against the actions of an official

Applying to the court with an administrative claim against the actions of officials will allow you to protect violated rights as part of solving the problem of preparing or obtaining the 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.

Sample claim for actions of an official

Administrative claim against the actions of a bailiff

A statement of claim against the actions of a bailiff is filed when the execution of a 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 is often used to delay the execution of a court order. A claim against the actions of bailiffs can be filed by any individual or legal entity whose rights have been violated.

Sample claim against the actions of a bailiff

Let's sum it up

It is worth protecting your rights even when state representatives try to violate legitimate interests. It's not as difficult or expensive as it seems. Most of these claims are of a non-property nature, so the state duty is small - 300 rubles. The main thing is to competently draw up a statement of claim and clearly argue your position.

If you are not ready to understand the legal intricacies or the cost of the issue is high, we recommend using the services of specialists.

Sample form of an administrative claim

About the author of the article

Porfiry Zhuchkov Let me introduce myself: Zhuchkov, Porfiry Prokhorovich. The bug calls me a paperworker. And why all? Because I know my rights and am ready to defend them.

What is the price

The amount of the state duty that you will have to pay when filing a claim depends on the price and nature of the claim and ranges from 300 to 60,000 rubles. Claims of a non-property nature are subject to a minimum duty of 300 rubles. To calculate the exact amount, use a convenient calculator - they are available on the courts’ websites.

For drawing up a document and submitting it to the court, lawyers charge from 1,000 to 3,000 rubles, depending on the region. The participation of a lawyer in a court hearing as a representative costs at least 5,000 per day.

What is being appealed administratively?

The Code of Administrative Procedure of the Russian Federation, adopted in 2015, is one of those legal acts that many people encounter in everyday life. In ordinary life, a citizen more often has to deal with the following types of such claims:

• challenging a decision of an authority;
• declaring the actions of an official illegal;
• appealing the actions of the bailiff.

Any citizen who believes that his right has been violated or that there are obstacles to the exercise of his right has the right to file such a claim in court. Usually, before filing such a claim, a person has already contacted the relevant body or a specific official and received an official refusal or did not receive a response at all. You have the right to defend your interests in court on your own or turn to a lawyer so as not to have to understand the nuances of document flow: for example, it is not easy to correctly draw up a sample administrative claim to challenge a decision of an authority if you are doing it for the first time, so we recommend using the help of a professional.

Is it possible to sue through State Services?

Through the state portal, citizens can receive various services remotely or partially remotely, and can submit applications to various government agencies without visiting them. To do this, you need to register in the system and confirm your identity. After this, all the possibilities of the portal open.

If you want to file an application to the court through State Services, we will disappoint you - this is impossible to do. But it is not all that bad. Online applications to various courts are accepted on the specialized portal of State Autonomous System Justice.

Its functionality:

• filing appeals to the courts, tracking appeals, obtaining the results of consideration;
• information about court cases in which you are a participant;
• “Help” section, where you can get information about working with the portal and the status of applications sent via the Internet.

If you try to sue through the State Services, you will not succeed. The state portal does not even have a page describing this service. So, if you need to file a claim, go to the GAS Justice website.

How to write an application

There is no form established by law: a sample administrative statement of claim to the court under the CAS of the Russian Federation is drawn up in free written form by hand or on a computer, independently or with the help of a lawyer. Be sure to indicate in the document:

• name of the court;
• full details of the plaintiff: full name, date and place of birth, address and telephone number;
• full details of the defendant: name and address of the government agency, full name. and the position of an official;
• the essence of the requirements, their justification and evidence;
• information about whether a complaint about the defendant’s actions was submitted to a senior manager and what response was received;
• signature of the plaintiff or his representative, date;
• list of attached documents.

Civil proceedings

Most often, people whose problem is being considered in civil proceedings want to file an application to the court through the State Services. This includes cases related to the protection of the rights and interests of citizens.

The most typical cases for this part are those related to family and labor relations, land and housing. This section is also used in cases where a court order can be issued on a claim without a hearing itself.

Civil cases can be heard in district or magistrates' courts. The world considers simpler cases.

Where to go

Claims against government agencies are heard by district courts, and an administrative claim to challenge a government decision should be filed at the location of the defendant or at the place of residence of the plaintiff. A complaint against the actions of bailiffs is filed only at the location of the defendant. For a list of cases considered by this court, see the visitor stand. There you will also find a sample of an administrative claim to declare the inaction or action of an official illegal, samples of other claims, information on the amount of the state fee and details for its transfer. File the claim in person or send by registered mail with a list of the contents.

Samples of applications and petitions

This section of the site presents various types of applications and petitions to the court. All documents are developed in accordance with Russian legislation and are valid throughout the Russian Federation and CIS countries. Anyone who visited the site can download sample statements and petitions to the court to fill out. Petitions and applications to the arbitration court are accepted using the electronic document submission form on the official website of the Arbitration Court.

All types of statements of claim to the arbitration court are presented on the page Sample statements of claim.

Also on the website, in the section Samples of agreements with an arbitration clause, there are presented Agreements with an inserted arbitration clause, according to which all disputes are referred to the arbitration court. You will find other types of contracts and agreements on the page Samples of contracts and agreements.

An example of an administrative claim to challenge a decision of an authority

In the Trusovsky District Court of Astrakhan
Administrative plaintiff: Vyacheslav Viktorovich Silnenko,

address: Astrakhan, st. Vasilyeva, 78

Administrative defendant: Federal Migration Service of Russia for the Astrakhan region

address: Astrakhan, st. Vilova, 99

Administrative claim to challenge a decision of an authority

I, Vyacheslav Viktorovich Silnenko, a citizen of the Republic of Kazakhstan, have been living in Russia with a residence permit since September 2005. Here I have a wife - a citizen of the Russian Federation, Anna Pavlovna Silnenko, a daughter - Vasilina Vyacheslavovna Silnenko, born in 2010.

On April 25, 2015, he applied to the Federal Migration Service of Russia for the Astrakhan region to renew his residence permit. The validity period of the form expired on September 25, 2015. When the employee accepted the documents, it was explained to me in writing that on April 17, 2015, the Federal Migration Service of Russia for the Astrakhan Region made a decision against me not allowing entry into Russia and that I was obliged to leave. In addition, due to the decision to deny entry, my residence permit was revoked, of which I was also notified in writing on April 25, 2015.

From the copy of the decision to deny entry it follows that it was made in accordance with paragraph 11 of Art. 27 of the Federal Law of August 15, 1996 No. 114-FZ, i.e. for repeated commission of offenses: January 13, 2015 (for failure to submit a notification regarding the fact of residence in Russia in 2014) and April 10 under Art. 18.10 Code of Administrative Offenses of the Russian Federation (for working for a legal entity without a work permit). However, the Federal Migration Service of Russia for the Astrakhan region did not take into account that on April 19, 2015, I sent a complaint against the actions of an official. And in fact, the resolution passed on April 10 did not enter into legal force. Consequently, it cannot be taken into account when making a decision on not allowing entry. Since the decision made by the Federal Migration Service of Russia in the Astrakhan region to not allow entry into the Russian Federation is illegal, it violates my legal rights to freedom of choice of place of residence and freedom of movement, forcing me to leave the Russian Federation, where I have stable family ties, the decision of the authority is illegal.

Guided by articles 218-220 of the Code of Administrative Proceedings of the Russian Federation,

Ask:

1. Recognize as illegal and cancel the decision of the Federal Migration Service of Russia for the Astrakhan Region on the refusal of entry into the Russian Federation dated April 17, 2015.
2. Oblige the Federal Migration Service of Russia for the Astrakhan region to extend the period of the residence permit previously issued to me in the Russian Federation.

Application:

1. Copy of the administrative claim
2. Receipt for payment of state duty to the court
3. A copy of the decision to deny entry
4. Copy of the decision to cancel the residence permit
5. A copy of the court decision to cancel the decision of the Federal Migration Service for the Astrakhan Region dated April 10, 2015.

Silnenko V.V., 05/05/2015