In the process of conducting business, companies encounter various disputes and conflict situations. This is inevitable, but sometimes leads to an opponent filing a lawsuit against your company. Agree, the situation is very unpleasant, but with the right approach you can get out of it with minimal losses, reducing possible risks.
In this article we will tell you how to behave if you are threatened with a trial, what measures you need to take first and the general algorithm for action in such situations.
How to find out a court decision in the Russian Federation by last name
Due to certain circumstances, some participants in the proceedings cannot attend the hearings. This practice is especially common when considering cases of divorce. The failure of one of the parties to appear is not a reason for refusing to consider the claim . The court may reschedule the hearing. But if the defendant or plaintiff does not appear at subsequent hearings, then the verdict will be passed without the presence of the interested person. There are known cases when a verdict was passed without a plaintiff or defendant.
The period for consideration of cases currently does not exceed 2 months. In exceptional situations, the court extends court proceedings for another 30 days. After this period, a decision will be made on the case. It does not matter whether the parties were present at the proceedings or not.
There are several ways in which the defendant (plaintiff) or other interested citizens find out the necessary information:
- Personal presence at court proceedings. After their completion, the judge will make a decision on the case and familiarize everyone present in the courtroom with it. But in certain cases, participants in the process cannot appear in court. In this case, the court decision on paper is sent by mail to the absent party. But this option for obtaining information is relevant only for participants in the process.
- A citizen who is not involved in the case may apply to the court office for a copy of the court decision. This will require not only the name of the participants, but also the location of the court. Interested parties will also receive information orally by calling the court office by phone.
- The fastest and easiest way to obtain information is to search for it on the official website of the court on the Internet. According to Federal Law of the Russian Federation No. 262, information about court proceedings and decisions on them must be publicly available to citizens of the Russian Federation. The name of one of the participants will give the interested user access to familiarize himself with the decision made by the court almost immediately after its announcement. But there is a possibility of finding a verdict passed against the full namesake of the participant in the proceedings.
Information about the verdicts rendered by the court is in most cases publicly available. To view the decision, you will need the name of at least one participant and the address of the court.
Calculation and payment of state duty
Legal claims are considered after the plaintiff pays the state fee. It may vary depending on the nature of the application and who is submitting the application. In the duty section when filing a claim online there is a button “Calculate state duty”, click it to receive information about the amount and receive a receipt.
An example of calculating state duty. The applicant indicates the information, the system responds with the amount:
Then you can proceed to generating a receipt. You must indicate the payer's full name, tax identification number and residential address. Next, click on the “Generate receipt” button:
The generated receipt can be paid in any convenient way and you can receive a document confirming this. Next you need to load it into the system:
That's it, all the data is indicated, the claim is attached, the receipt is paid. Now you can generate an electronic application and send it to the specified court.
Obtaining information on civil proceedings
The procedure for the judicial process, as well as the formation and issuance of information about court decisions, is established by procedural standards. Namely, the Civil Procedure Code of the Russian Federation. In accordance with legal requirements, the court announces the decision immediately after its adoption. In most cases, this happens at the last hearing in the civil case.
If, for good reason, the plaintiff (defendant) was unable to be present in the courtroom, then he has the opportunity to obtain a decision by personally contacting the office or by telephone call. 5 days after the verdict, in accordance with the requirements of the plaintiff. 214 of the Code of Civil Procedure of the Russian Federation, a copy of the court decision will be sent to the interested parties.
In order not to wait 5 days, you can leave a request to receive a verdict on the official court resource. But only persons directly involved in the case (defendant, plaintiff) can use such a service. Other citizens do not have access to such information.
Objection to the filed claim
A counterclaim is filed in order to protect the rights of the defendant. In accordance with Art. 137 of the Code of Civil Procedure of the Russian Federation, the defendant has the right to file a counterclaim before the court makes a decision. The complaint details the circumstances, defenses and claims. In accordance with Art. 138 of the Code of Civil Procedure of the Russian Federation, the executive body accepts an objection to the statement of claim in the following cases:
- the counterclaim is sent to set off the original claim;
- the counterclaim satisfies the original claim in whole or in part;
- The counterclaim and the original claim are related, and their joint consideration will lead to a more accurate and faster consideration of the case.
How to find information on administrative cases
The order of the process is determined by the norms of the Code of Administrative Procedure . As in civil cases, the court decision is announced by the judge after all hearings have been completed. Copies of court documents are handed over to the participants in the process against signature. In this case, the decision can be sent by mail or delivered by hand.
In certain cases, the judge may not announce a verdict immediately after the proceedings are completed. The court has no more than 3 days to make a decision, after which the plaintiff and defendant will learn the verdict.
Review in absentia
In the absence of the defendant, judges may offer a default judgment to the plaintiff. It is slightly different from the usual, the defendant is given an additional 7 days from the date of receipt of the decision to cancel it. That is, it is much easier for a person who is unfamiliar with the divorce to cancel it by directly contacting the court that issued it. When agreeing to such a decision, the plaintiff must assess all possible risks of its cancellation. If the plaintiff refuses the default judgment, the judge sets a new court date and again notifies the parties.
Obtaining information upon deprivation of rights
In this case, the method of obtaining information is determined by the subject in relation to which the defendant was deprived of rights. If a citizen is deprived of the right to drive a vehicle through a judicial procedure, he is notified of this fact. To receive a decision on paper, he will need to contact the court office.
Using the last name of the defendant (plaintiff), you can request the necessary information by phone or via the Internet. Not only defendants, but also prosecutors, lawyers or plaintiffs can obtain a copy of the court decision. To do this, you will need to fill out an appropriate request, which must include the name of one of the parties.
What's next
You can track your claim and receive information about its progress in the “Claim History” section. All claims you filed via the Internet, including drafts, will be reflected here:
If the claim is submitted incorrectly, the status “Rejected” will appear with the reason. Also, the application may be transferred to another court, about which a notification will also appear. If you see the “Registered” status, the claim has been accepted for consideration by the court you specified.
After acceptance for consideration, you also need to monitor the status of the claim. It may be accepted for production or discontinued. If the appeal was considered by the court remotely, the applicant’s personal account receives a response with an attached document, for example, a court order.
Let's draw conclusions. It is impossible to file a claim in court through State Services; applications are accepted from a special court portal. But authorization in it is carried out through the applicant’s account on the state portal. In general, now it is indeed possible to file civil and administrative claims via the Internet.
Where do the parties learn about the court decision?
There are many resources on the Internet that offer to find out the court decision by the name of the plaintiff. The most up-to-date information is available on the official websites of the courts themselves. You can also view the following resources presented in the table.
| No. | Name of resource to search | Peculiarities |
| 1 | State Automated System of the Russian Federation "Justice" | To view the necessary information you do not need special knowledge or a lot of time. The user just needs to go to the website and click “Search for judicial acts.” A form to fill out will appear on the screen. After entering the data known to the case, click the “Find” button, after which the search results will be displayed on the monitor. |
| 2 | Federal Arbitration Court | On the main page, you will need to go to the file of arbitration cases, then enter the information known about the case into the search form, after which users will find out the search results. |
| 3 | RosJustice | The database of this resource is very extensive. The process of finding the information you need is a little different. Here you will need to indicate the name of the court, the name of the judge or lawyer. Further actions are determined by the nature of the displayed data. To make your search easier, it is recommended to use filters. |
| 4 | FSSP of Russia | From the main page of the site you will need to go to the “Data Bank of Enforcement Proceedings”, after which you select a search criterion (individual, legal entity, by individual entrepreneur or ID number). Next, in the search form, the territorial body, last name, first name, patronymic and date of birth of the participant in the process are indicated. After clicking on the “Find” button and entering the code from the image on the monitor, you can see the search results |
Instructions for finding information about a court decision
The easiest way to find a court decision by the name of the defendant or plaintiff is on the Internet. There are many resources for this. But most often interested users look at official court resources. The search procedure in this case will look like this:
- log in to the official website of the court;
- go to the “Courtwork” block (most resources have it);
- the monitor will display a table or list of cases considered by the court with the date of the hearings;
- further you can find the court decision by the name of one of the persons participating in the process.
Thus, information about court proceedings can be viewed on the Internet if the name of both the defendant and the plaintiff is known. If a legal entity is a party to the case, then you will need to know the name of the company and its basic details. This is because the name may not be unique and additional information will be required.
The required information is indicated opposite the name of the participant in the proceedings. If the court has already made a decision, you can familiarize yourself with it. To speed up your search, it is recommended to indicate the date of the meeting and the case number. The more search criteria are specified, the greater the chances of finding the desired case in the site database.
To search for a court decision, you can use any search engine. To do this, enter the last name and case number in the search bar. If the court has posted the information in the public domain, then the document with the required data will be presented on the first page of the search results.
What data is closed to online searches based on court decisions?
Federal Law of the Russian Federation No. 262 dated December 22, 2008. categories of cases are determined that cannot be accessed by persons who are not participants in the proceedings. It will not be possible to view a court decision by last name and other data if:
- the court is considering the adoption case;
- meetings are held behind closed doors;
- the case involves issues of state security;
- a claim for forced hospitalization is being considered;
- the claim contains a requirement to declare the citizen incompetent;
- a case of a crime against sexual integrity is being considered;
- it is necessary to make adjustments to the civil registration;
- a court of general jurisdiction establishes the legal significance of any facts.
For complete information, it is recommended to read Art. 15 clause 4 of the Federal Law of the Russian Federation No. 262. Access to such cases is available only to persons directly involved in the legal process (the plaintiff and the defendant). You can also view the court decision online. But this option is available only to a limited number of people.
Thus, unless the case concerns issues involving information that is considered confidential, information about it can be found on the Internet. At the same time, access is available not only to participants in legal proceedings, but also to other interested citizens. To obtain accurate information, you will need the name, date of the decision and name of the court. The more search parameters are specified, the greater the chances of finding the information you are looking for.
You can get legal assistance regarding court decisions based on last name on our website.
What data is protected from public publication?
According to Art. 15 of Law No. 262, arbitration sudakts are published in full:
- those that are subject to mandatory publication;
- issued by the Constitutional Court of the Russian Federation and the Constitutional Court of the constituent entities;
- issued by the RF Armed Forces.
From acts of general jurisdiction, any website of legal claims excludes personal data through which a person’s identity is identified. They recognize:
- Full name, date and place of birth, address, telephone, passport details, INN, OGRN, SNILS;
- location of the land plot and building, vehicle;
- information about property and funds, if relevant.
Acts on cases concerning:
- state security;
- adoption and other matters concerning the interests of minors;
- rape;
- limitation of legal capacity;
- forced hospitalization in a mental hospital;
- making corrections to registry office documents;
- establishing legally significant facts;
- court orders.
About the author of the article
Diana Bagirova A lawyer by education. Lives and works in St. Petersburg
