Regarding enforcement proceedings, a number of questions often arise. Let's consider the possibility and necessity of familiarizing yourself with the materials of enforcement proceedings.
An application to provide a copy of the enforcement proceedings or to familiarize yourself with it should be written on behalf of the claimant or the debtor (all parties have equal rights). It should be submitted to the senior bailiff or the head of the department. The document must indicate that you want to receive a copy of the enforcement proceedings.
It is worth noting that any party has the right to familiarize themselves with these materials, make copies or extracts, but this procedure is performed with the help of a representative or independently; copying at the expense of the bailiff service will not work, even if you agree to pay for this service and assistance.
Deadline for consideration of an application by the FSSP service
The period for consideration of an application for familiarization with the materials of enforcement proceedings, according to the law, is no more than 10 working days. Then a decision is made with permission or refusal to review. When submitting an application, you must indicate the exact date when you will be able to familiarize yourself with this document, while also taking into account the working hours of the body itself, its order of days allocated for working with citizens.
Please note that before issuing it to you, the bailiff is obliged to properly draw up and file it, and this takes some time.
Sample application
The document must be drawn up in the name of the presiding judge. The text can be handwritten, typed on a computer or typewriter.
The petition consists of several parts:
- The first introductory part indicates the name of the court, full name or full name of the organization of the plaintiff, defendant, third parties, residential address or location. For the convenience of both the participant who wants to familiarize himself and the court staff, it is better to also indicate mobile phone numbers and email addresses. Having these contacts, the court will be able to inform you as soon as possible when you can come and get acquainted with the case, or agree on a date and time.
- In the second part, descriptive, you need to indicate the details of the case: number, details of the plaintiff, defendant, the essence of the claims, as well as the rationale for the petition with reference to Art. 35 Code of Civil Procedure of the Russian Federation.
- In the final, operative part, the text of the request itself is formulated: to provide the civil case in full. If there are several volumes in the file, then in the text of the petition it is recommended to indicate the approximate period of time that will be required to study the materials.
You can download a sample application here:
What to do if the bailiff does not allow you to familiarize yourself with the case materials?
Refusal to familiarize yourself with the materials of enforcement proceedings is also possible. You may be refused in three cases:
- you may be denied access to the enforcement proceedings only if the case is not filed and will not be given to you;
- you may receive a refusal if you do not have the right to familiarize yourself with the proceedings, for example, you are only distant relatives of the persons involved in the case in the absence of a power of attorney (in addition, the presence of a power of attorney is not a 100% obligation on the part of the bailiff to give the case, because he will check the terms of reference specified in text, will refuse if there is no right to access enforcement proceedings);
- the last option is if the application for review was drawn up incorrectly or gross errors were made regarding the specification of the production, and therefore completely different materials were prepared for review. By the way, don’t forget to sign the application - the absence of a signature on the document can also become grounds for refusal, albeit a formal one.
If the right to familiarize yourself with the proceedings is violated by the bailiff illegally or he delays making a decision on your application, then a complaint against the actions of the bailiff will solve the problem, the complaint can be submitted either to a superior or to the court, for more details on how to correctly file a complaint against the bailiff, follow the link .
When are case materials released?
After submitting the documents, the applicant receives a corresponding mark. All that remains is to wait for the deadline for issuing the case materials. It is important not to miss this date. All information about the trial can be obtained 5 business days after receiving the petition. The countdown begins the next day.
This period is determined by the need for AS SD employees to put things in proper order. Within 5 working days, judicial assistants must complete the firmware, inventory, and volume numbering. This process takes a long time, but otherwise, according to the law, the case materials are not provided for consideration.
The applicant will learn about the readiness of the case for consideration by telephone or email from an office employee. The date and place of study of the case materials are prescribed by the assistant judge on the application itself, after which he puts his signature.
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Arbitration lawyer. More than 10 years of experience
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The date is subject to change and applicants will be notified in advance. In some cases, the materials of the proceedings are issued on the day the request is submitted (for example, the arrival of a representative from abroad).
If the applicant is overdue, you can try to negotiate with the assistant judge. If he refuses to issue the dispute materials, you will have to re-submit the petition, so it is important to calculate all the deadlines in advance so as not to miss your turn.
If for any reason the applicant was unable to come to the arbitration court on the appointed day, then he must contact the assistant judge to resolve this problem. At the stage of late application, you can still agree to receive the case materials. If a person has not filed a petition at all, then no one will give him information about the trial.
To familiarize yourself with the case materials, you do not need to additionally agree on an appointment time. It is enough to come to the court during the hours when information about the proceedings is released for study.
Operating hours of the UR AS office for receiving additional documents
From Monday to Thursday, applications are accepted from 9 a.m. to 4 p.m. On Friday and before holidays from 9 a.m. to 3 p.m. Every day from 12 to 13 there is a break.
To submit documents through the office, you must come with a passport or other identification document. To submit an application, you must join a queue where documents without attachments are accepted. But in fact, the applicant’s papers will be accepted at any cash desk.
Case review hours
Familiarization is carried out exclusively on weekdays. From Monday to Friday, case materials are available from 9 a.m. to 5 p.m. On Fridays and before holidays the office is open only until 16:00.
The examination is carried out in the presence of an employee of the arbitration court. If in the application the citizen indicated the need to obtain photographs of documents, then it is allowed to photograph them with a smartphone or camera.
If there are classified materials in the case, then familiarization is carried out only in the presence of a representative of the court (bailiff for ensuring order) vested with the appropriate powers. If one day is not enough to study all the papers, then you are allowed to come the next business day and continue reviewing without first submitting an application.
There are usually cameras installed in the room where case materials are studied. Also, if necessary, a bailiff may be present during the inspection. After studying the papers, the applicant puts his signature on the familiarization sheet and also indicates his last name and initials.
How to write an application for familiarization with production?
Inquiries about the progress of enforcement proceedings also require special attention. Anyone interested in this proceeding can submit it to the bailiff service. The request must include precise information about the person making the request, as well as the full name of the establishment to which the request is being sent.
After receiving the request, the relevant service will review it and notify you of its decision: permission or refusal.
A positive resolution of a request largely depends on the literacy of its preparation. If you are not confident in your own abilities, it is better to turn to specialists - our enforcement lawyer, who will not only draw up an application, but also offer his assistance in supporting the entire case.
An application to familiarize yourself with the bailiffs’ case materials is an important document. It must be submitted to the office or by post. Both options will help you, if necessary, prove that you really wrote such a paper.
In certain cases, documentation can be sent personally to the bailiff. This option is possible if the bailiff personally and in front of you marks the receipt of your application. You can get acquainted with the materials even the next day after the opening of the case and until its very end. Even if the trial has been suspended.
Familiarization with completed enforcement proceedings is the last stage. All this is possible according to current legislation at any stage. To do this, you also need to submit a written application to the office, after which the file will be removed from the archive, if the storage period has not expired and it has not been destroyed.
USEFUL : watch the video with tips for the debtor of enforcement proceedings
Preparing an application
If a specific participant wants to make a request to release the case for review, this must be done in writing, indicating in detail and clearly what actions will be performed by him (reading, making copies, photographing). The application uses current references to the Civil Procedure Code; if a person is not legally savvy, it is worth double-checking in free legal databases (Garant, Consultant Plus) whether the articles referenced in the document are valid, and also pay attention to the year it is dated sample application - it is better to choose recent ones.
If you cannot prepare the document yourself, then it is better to seek help from a specialist. A lawyer will prepare a document and submit it to the court himself, or you can draw up a power of attorney to represent your interests. A lawyer can also be admitted upon oral request, but then the principal himself must be present at the familiarization.
Sample application for familiarization with the materials of enforcement proceedings
Senior bailiff
Ordzhonikidze district department
city of Yekaterinburg Federal Bailiff Service of Russia for the Sverdlovsk region
From the claimant: B.
Debtor under individual entrepreneur: I.
Petition
on familiarization with the materials of enforcement proceedings
On September 19, 2013, the bailiff of the Ordzhonikidze district department of the city of Yekaterinburg of the Office of the Federal Bailiff Service of Russia for the Sverdlovsk Region was Kuvina A.S. Enforcement proceedings were initiated No. 216/13/06/66, initiated according to the writ of execution dated 08/06/2013 against debtor I. to collect a debt in the amount of 71,909 rubles 24 kopecks.
According to Part 1 of Article 50 of the Federal Law “On Enforcement Proceedings,” the parties to enforcement proceedings have the right, in particular, to familiarize themselves with the materials of enforcement proceedings, make extracts from them, and make copies from them.
Based on the foregoing,
ASK:
- provide materials of enforcement proceedings No. 216/13/06/66, initiated according to the writ of execution dated 08/06/2013 against debtor I. to collect a debt in the amount of 71,909 rubles 24 kopecks for review by copying at the reception time on the fifth day of this month.
Application:
- Copy of power of attorney
Date, signature
Regulatory framework
The most important acts required when drawing up an application in 2021 have been identified:
- Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation No. 100 of December 25, 2013, regulating the method of familiarization with the case materials for the person who applied upon application (12.1);
- Article-by-article commentary to the Arbitration Procedural Code of the Russian Federation, according to which it is established when familiarization with the case materials is required, but if the materials were not provided upon application, then a petition is drawn up for the provision of additional materials (114);
- A scientific and practical article-by-article commentary on the legislation on arbitration courts, according to which actions are described in which the participants in the process will necessarily need to familiarize themselves with the provided case materials.
Features of the procedure
Main features of the procedure:
- familiarization can be carried out on the day of application only in individual cases (there must be good reasons for this, for example, the applicant is a resident of another city);
- if it is not possible to notify the applicant about the time of the visit or the invitation was ignored, a form is filled out recording the person’s failure to appear to familiarize himself with the case materials;
- before submitting materials for review, the responsible person checks the data for compliance with reality;
- during familiarization, you are allowed to make notes and copy documents;
- Court employees are not responsible for the identity of copies;
- if there are a lot of materials in the case under consideration (several volumes), then a familiarization schedule can be drawn up (day and number of volumes), and if the applicant agrees to such a scheme, then a corresponding application for drawing up a schedule is signed;
- a break is available during familiarization, it is enough to make a corresponding note on the back of the application, this allows you to gain repeated access after the break without drawing up a repeat application;
- if the amount of materials turned out to be large, and the applicant was unable to familiarize himself with all the documents during the day, then the familiarization can be postponed to any other day after agreement with the responsible person (this does not require drawing up a new petition).
The procedure can be obtained by any person who has a connection with the case in question. But in some cases, it is recommended to contact a lawyer who, thanks to his knowledge, will be able not only to correctly prepare the petition, but also to find among the provided material the information that will be useful.
Contacting a specialist will not only reduce the time it takes to search for the required data (he will be able to determine which documents need to be photographed and studied, which is especially useful when studying several volumes of a case), but will also allow you to receive legal support and protection from unlawful actions. In some cases, legal advice will be sufficient.
Possible problems
In addition to the ban on filming, there are a number of other problems that citizens have to face:
- They refuse to provide materials. For the culprit, this may mean that they are trying to bring him to justice illegally; for the victim, on the contrary, a mitigation of responsibility for the culprit.
- Not all documents are provided. Most often this happens if the inspectors did not have time to formalize everything, or made a mistake somewhere.
- The materials contain incorrect information about the parties to the proceedings and the circumstances of the accident. There are different options here: both an attempt to make an innocent person guilty, and elementary illiteracy of employees.
Let's consider each situation and the way out of it in detail.
Case materials are not provided
If the participant is not given documents for review, this violates the provisions of Art. 25.1 Code of Administrative Offenses of the Russian Federation. You need to request a written refusal, and then appeal it through a senior traffic police officer or in court.
Materials are provided, but not completely
It is important to consider that the file must be bound and numbered so that documents cannot be taken from there at any time. If a citizen discovers that some material is missing (for example, a report), you need to inform the employee about this and demand an explanation.
The documents contain inaccurate information
Unreliable data means the indication of incorrect full name, circumstances of the accident, and diagrams from the scene of the accident. You need to point this out to the traffic police officer and demand correction.
If incorrectly completed documents have already been sent to court, you can prove your case using video recordings or witness testimony. Before the transfer, you can appeal everything through the head of the department.
What documents must be provided to the production party?
According to current legislation, the materials include the following documents:
- protocol (drawn up by the inspector at the place where the guilty driver was stopped);
- an explanatory note from a citizen who committed an offense (usually drawn up by the traffic police department);
- expert opinions (if a medical, technical or other examination was carried out);
- written testimony of witnesses and victims;
- petitions of participants in proceedings in court.
It may also include other documents and materials used in the administrative investigation. For example, video and audio recordings.
If the materials have not yet been submitted to the court, you can familiarize yourself with them at the traffic police department where the administrative proceedings are being conducted. In other cases, they can be requested in court by filing an appropriate petition.
