Important legal positions: the mode of increased readiness or emergency is a valid reason for missing the deadline to appeal in cassation. The Commissioner for human rights to demand the abolition of even have entered into force court decisions, if, in his opinion, was a mistake. The Prosecutor’s office also has the right to stand up in court for citizens not participating in the process, but whose rights have been violated judicial act. Accept the appeal and lawsuit from a citizen who was not a party in the case, but those affected by the decision.
the Resolution of Plenum clarifies the consideration of appeals according to the Code of administrative procedure. This code regulates the procedure of consideration of disputes of citizens with officials. For example, in the manner prescribed by this code, shall be exacted compensation for judicial red tape.
According to Judicial Department at the Supreme court of Russia, during the year, all were granted in full or in part more than 3,5 thousand lawsuits to recover compensation for many different kinds of red tape. In favor of citizens in total were recovered 104,8 million rubles. Also as part of the CASS appealed various actions of officials. For example, denial of pension or overstated the value of the property. Etc.
Often citizens complain of any action of the bailiff. For example, recently, the Fifth appellate court of General jurisdiction was sent for retrial a case in which the claimant complained that the bailiff removed the debtor a ban on the sale of the car. The debtor is obliged to compensate the citizen, the harm from the accident. But, apparently, to her money is not easy. She has two cars on both a ban on the registration steps. This means that to sell them, she can’t. But recently, the bailiff lifted the ban on one of the cars. Lower courts have recognized its actions are lawful, as there is evidence that the car technically does not belong to the debtor and another person. However, in the case we have yet to understand, decided the appeal, there are nuances.
in addition, during the year was granted more than 3.7 thousand lawsuits concerning the contestation of legal acts of authorities at different levels.
Now the citizens whose rights have been affected by judicial decision, has the right to file an appeal even if the judicial act was not appealed to the appeal entered into legal force. For example, the court of first instance decided that the parties did not appeal.
But it affects other people.
In this case, strangers who find themselves not outsiders, have the right to complain.
According to experts, these provisions will strengthen the protections of citizens. If the case concerns a man, he smhow to get involved.
the Decision allowed citizens to renew the missed deadline appeals with reference to the introduction of high alert or emergency on the entire territory of Russia or a part of it.
As is known, during the period of isolation, the courts have suspended the personal reception of complaint were limited.
the applicant will Have the opportunity to Supplement his complaint with new arguments. This may be useful if the lawyers in time do not have time to write a detailed complaint and will miss something.
by the Way, last year began to operate a separate cassation courts of General jurisdiction.
Chairman of the Board of judges of Russia Victor Momotov has noted that although since the start of the new ships some time passed, the positive results triggered by the Supreme court of the Russian Federation judicial reform 2018 tangible now.
“From 1 November 2019 to 1 April 2020 cassation courts of General jurisdiction in civil and administrative cases granted 15 percent of cases, which is almost 4 times more than courts of General jurisdiction in 2019, when the courts of a regional link in order sample of appeal granted 4 percent of the complaints, he said. – In criminal proceedings according to the rules of solid cassation satisfied 38 per cent. These data indicate improving the quality and efficiency of new ships”.
