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.
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 .
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
The procedure for familiarizing yourself with the case and making copies of the case materials
Information for citizens » The procedure for familiarizing yourself with the case and making copies of the case materials The procedure for familiarizing the persons involved in the case with the case materials
Court cases are issued for review upon a written application from the persons participating in the case. Recommended application form for familiarization with the case/material (Form No. 62).
An employee of the office of the magistrate (the unified office of magistrates), when issuing a court case for review in the premises of the court district, checks the presence of a written application with the corresponding resolution of the magistrate and the following documents:
a) from accused, defendants, convicted, acquitted, persons against whom proceedings are being carried out in a case of an administrative offense, victims, parties to the case, third parties, legal representatives in criminal, civil cases and cases of administrative offenses, applicants and other interested parties persons in administrative cases, civil plaintiffs, defendants in criminal cases - an identification document, and for their representatives, defense attorneys - also a power of attorney drawn up in accordance with the requirements of the law;
b) for lawyers acting in criminal, civil cases and cases of administrative offenses - warrants of the appropriate legal education and identification cards and (or) lawyer certificates;
c) for other interested persons acting in criminal, civil, administrative cases, cases of administrative offenses - identification documents and powers;
d) for prosecutors - an official identification card;
e) from other officials if there is a legal basis - a reasoned written request.
The application for familiarization is filed in the file, and if a power of attorney is presented, a copy of it is also attached to the file.
Familiarization with cases (other materials) must take place on the premises of the court district in the presence of an authorized employee of the office of the magistrate (single office of magistrates) under conditions that exclude the seizure, damage, destruction of case materials, as well as the introduction of corrections and additions to them, transferring them to another person.
A note is made on the information sheet regarding familiarization with the court case.
After familiarizing yourself with the court case (other materials), an employee of the office of the magistrate (unified office of magistrates), in the presence of the person who has become familiar, checks the status of the case and the presence of all documents in it, makes a note in the application for familiarization that the case has been returned. If, after the return of the case, an employee of the office of the magistrate (the unified apparatus of magistrates) reveals the seizure, damage to the case materials, as well as the introduction of corrections and additions to them, the magistrate is immediately informed about this.
Instructions for judicial proceedings
at the court site of the magistrate
Khanty-Mansiysk Autonomous Okrug - Ugra
clauses 15.1, 15.2.
The procedure for familiarizing yourself with the minutes of the court session and the audio recording of the court session
The protocol of the court hearing in criminal cases must be prepared and signed within three days from the date of the end of the court session (Part 6 of Article 259 of the Code of Criminal Procedure of the Russian Federation).
In civil cases, the protocol of the court hearing must be drawn up and signed no later than three days after its end, the protocol of a separate procedural action - no later than the next day after the day it was committed (Part 3 of Article 230 of the Code of Civil Procedure of the Russian Federation).
The use of technical means to record the progress of the court session is noted in the minutes of the court session, and the corresponding storage media (one electronic storage medium for each case separately) are attached to the case materials (the minutes of the court session).
In criminal cases, if there is a written request from the parties or other participants in the trial to familiarize themselves with the minutes of the court session, the opportunity to familiarize themselves must be provided within three days from the date of receipt of the request. A copy of the protocol is made at the written request of a participant in the trial and at his expense (Part 8 of Article 259 of the Code of Criminal Procedure of the Russian Federation).
Persons participating in a civil case and their representatives have the right to familiarize themselves with the minutes of the court hearing and submit comments on it in writing within five days from the date of its signing.
Familiarization of the persons participating in the case with the audio recording of the court session attached to the minutes of the court session is carried out upon their written application in the above manner provided for familiarization with the case materials.
Familiarization of the above-mentioned persons with the audio recording of the court session is carried out in a room specially equipped for this purpose at the court site, strictly in the presence of an authorized employee of the office of the magistrate (single office of magistrates). These persons are given the opportunity to listen to the corresponding audio recording using the necessary technical means.
The right to make a copy of an audio recording of a court hearing using technical means is granted to the accused, defendants, convicted, acquitted, their defenders and representatives, victims (a civil plaintiff, his representative - in terms of copies of procedural decisions related to the civil claim brought against him, the civil defendant and to his representative - regarding the materials of the criminal case that relate to the civil claim, to the parties and other persons participating in the civil case, as well as to their representatives, persons participating in the administrative case.
The production and issuance of a copy of an audio recording of a court session is carried out upon a written application from the persons participating in the case, their representatives (parties, other participants in the trial) and at their expense with the permission of the magistrate.
On the written application, the magistrate who is (or was) handling the court case, and in his absence, the magistrate who is entrusted with performing the duties of the absent magistrate, makes an appropriate note about the assignment to the employee of the magistrate’s office (the unified magistrate’s office) to produce and provide a copy of the audio recording of the court hearing. Recommended application form for the issuance of a copy of an audio recording of a court hearing (Form No. 68).
A copy of the audio recording of a court session can be made on an optical disk or other tangible storage medium by an authorized employee of the office of the magistrate (single office of magistrates) only after filing the appropriate application and with the appropriate mark of the magistrate in whose proceedings the court case is (or was) pending, and in his absence - a justice of the peace, who is entrusted with performing the duties of the absent justice of the peace.
Payment of a state fee for making a copy of an audio recording of a court hearing is not provided for by current legislation.
A copy of an audio recording is made on a tangible storage medium (flash card, CD-R, DVD and other storage media, the technical ability to record on which is available at the court site). Tangible media presented to the court must not contain any information.
For security purposes, before recording an audio record of a court session, the material media presented to the court site can be formatted by an authorized employee of the magistrate’s office (the unified magistrate’s office), responsible for making and issuing a copy of the audio recording, with prior notification to the person who submitted the corresponding application.
The recording of an audio file on a physical medium of the person who submitted the application is made by an authorized employee of the office of the magistrate (the unified office of magistrates) on a local computer that is not connected to the local network of the court district and does not have access to the Internet.
The magistrate does not certify a copy of the audio recording of the court hearing.
After issuing a copy of an audio recording of a court session, on a written application for production and issuance, an authorized employee of the office of the magistrate (single office of magistrates) makes a note about the production and issuance, and the person who received the copy of the audio recording makes a corresponding entry about receipt. This statement is attached to the case materials, and an authorized employee of the office of the magistrate (single office of magistrates) makes a corresponding note in the information sheet for the case.
Instructions for judicial proceedings
at the court site of the magistrate
Khanty-Mansiysk Autonomous Okrug - Ugra
clauses 9.14, 9.15
Procedure for issuing written material evidence, documents and their copies from court cases
Original documents from court cases (other materials) and their duly certified copies submitted by participants in criminal, civil, administrative proceedings and participants in proceedings in cases of administrative offenses, as well as written certificates on cases are issued by authorized employees of the office of the magistrate (unified office of magistrates ) on the basis of a written application, and to courts of general jurisdiction, bodies of inquiry and investigation - on the basis of a reasoned request and (or) other necessary documents provided for by the legislation of the Russian Federation. On the application or request for the issuance of original documents from the court case, the authorizing resolution of the magistrate who examined the case is affixed, and in his absence, by the magistrate who is entrusted with the duties of the temporarily absent magistrate.
Instead of the issued original, a copy of it, certified by the signature of the magistrate and his official seal, is attached to the case.
When issuing original documents from a court case, their certified copies must indicate the surname, first name, patronymic of the person who received the document, his procedural position in the case, and the details of the identity document. Upon receipt of the document, this person puts his signature and the date of receipt. The person who issued the document must indicate his name, position and signature. Upon presentation of the power of attorney, a copy of it is filed in the file.
The documents on the basis of which the originals were issued from the court case, as well as their certified copies, are filed in the case. If the original document is sent by registered mail, a copy of the covering letter with the originating number and date is filed.
Written evidence from the case, with the permission of the magistrate, can be returned to the persons who presented it even before the court decision enters into legal force (Article 72 of the Code of Civil Procedure of the Russian Federation).
Copies of the judicial act (sentence, decision, determination, resolution) of the magistrate in cases are issued (sent) in cases provided for by procedural legislation.
Copies are taken of the verdict, decision, determination or ruling made in the case, which are certified by the signatures of the magistrate and the secretary of the court session (an authorized employee of the magistrate’s office (the unified magistrate’s office) with the official seal of the magistrate attached. When certifying the compliance of the copy of the judicial act the original on the front side of the last sheet under the text of the copy of the judicial act (below the “Signature” requisite) is affixed with the stamp “Copy is correct” and the official seal of the magistrate.
Copies of the requested judicial acts are made by an authorized employee of the office of the magistrate (unified office of magistrates) on the day the application is received, and if not possible, within no more than five working days from the specified date.
Copies of judicial acts and written certificates made but not received by the applicant are sent for mailing.
The person receives a copy of the judicial act against receipt. If a copy of the document is sent by mail, a copy of the covering letter with the originating number and date is filed. Appropriate notes are also made on the reference sheet.
Copies of judicial acts that have entered into legal force may be issued (sent) to other persons whose interests are directly affected by the judicial act, with the permission of the magistrate upon a written application, which must indicate what rights or legitimate interests of this person are affected by these judicial acts . Recommended application form for the issuance of a copy of a judicial act (form No. 63).
The right to make copies of documents from case materials at their own expense, including using technical means, is granted to the following persons:
accused, defendants, convicted, acquitted, their defenders and representatives (clause 13, part 4, article 47, clause 7, part 1, article 53 of the Code of Criminal Procedure of the Russian Federation);
victims (clause 12, part 2, article 42 of the Code of Criminal Procedure of the Russian Federation);
to the civil plaintiff, his representative - in terms of copies of procedural decisions related to the civil claim brought against him (clause 13, part 4, article 44 of the Code of Criminal Procedure of the Russian Federation);
to the civil defendant and his representative - regarding the materials of the criminal case that relate to the civil claim (clause 9, part 2, article 54, part 2, article 55 of the Code of Criminal Procedure of the Russian Federation);
parties and other persons participating in a civil case, as well as their representatives (Part 1 of Article 35 of the Code of Civil Procedure of the Russian Federation);
persons participating in an administrative case (part 1 of article 45 of the CAS RF).
All listed persons make copies upon a written application with a permitting resolution from the magistrate, which is filed in the court file.
Copies made by the listed persons at their own expense from the materials of the court case, including with the help of technical means, are not certified by signatures and seals.
Repeated issuance of copies of judicial acts is carried out upon a written reasoned application from the above persons.
Instructions for judicial proceedings
at the court site of the magistrate
Khanty-Mansiysk Autonomous Okrug - Ugra
clauses 15.4 - 15.6
Information published as of June 22, 2018
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
Article 35. Rights and obligations of persons participating in the case
Laws and codes » Civil Procedure Code of the Russian Federation » Section I. General provisions » Chapter 4. Persons participating in the case » Article 35. Rights and obligations of persons participating in the case 1. Persons participating in the case have the right to familiarize themselves with the materials of the case , make extracts from them, make copies, file challenges, present evidence and participate in their study, ask questions to other persons participating in the case, witnesses, experts and specialists; file petitions, including requests for evidence; give explanations to the court orally and in writing; present your arguments on all issues arising during the trial, object to the requests and arguments of other persons participating in the case; receive copies of court decisions, including receiving, using the Internet information and telecommunications network, copies of court decisions made in the form of electronic documents, as well as notices, summonses and other documents (copies thereof) in electronic form; appeal court decisions and use other procedural rights provided by the legislation on civil proceedings. Persons participating in the case must conscientiously use all their procedural rights.
1.1. Persons participating in the case have the right to submit documents to the court both on paper and in electronic form, including in the form of an electronic document signed with an electronic signature in the manner established by the legislation of the Russian Federation, fill out the form posted on the official website of the court in information and telecommunication network "Internet".
1.2. Persons participating in the case have the right to submit other documents to the court in electronic form, including in the form of electronic documents executed by these persons or other persons, bodies, or organizations. Such documents are executed in the form established for these documents by the legislation of the Russian Federation, or in free form, if the legislation of the Russian Federation does not establish a form for such documents.
2. Persons participating in the case bear procedural duties established by this Code and other federal laws. Failure to fulfill procedural obligations entails consequences provided for by the legislation on civil proceedings.
