Administrative proceedings have their own characteristics, but familiarization with the administrative case in court is an important part of the administrative process, without which it is sometimes impossible to build a clear position on the dispute.

In accordance with the provisions of Article 45 of the Code of Administrative Procedure (CAP RF), the parties to the case have the right to familiarize themselves with the materials of the administrative case and make copies of documents. In addition, the parties to the administrative process can make extracts from the case.

Despite the apparent simplicity of the procedure for familiarization with the administrative case in court, the parties to the dispute should know some nuances that will help avoid mistakes.

When may familiarization be required?

Familiarization with the materials of an administrative case or a case on an administrative offense may be necessary at various stages of the dispute, especially if the party to the case is not familiar with the documents in principle. In this case, it is worth filing a motion to familiarize yourself with the administrative case immediately after the dispute appears in the court file, so that by the time of the first hearing you already have an idea of ​​the arguments of the other party and form your own position on the case.

In addition, during the consideration of the case, opponents can submit new documents or applications, the content of which may be unknown to the party to the case.

It is worth noting that the practice of considering administrative cases and the law (for example, Article 126 of the Code of Administrative Procedure of the Russian Federation) proceed from the fact that the parties are obliged to send copies of their documents to their opponents, but in practice this obligation is not always fulfilled, so it is extremely important to monitor changes in the case file and promptly familiarize yourself with new materials of the administrative dispute, so as not to delay the process with unnecessary postponements of the court hearing.

Оставить заявку на ознакомление

What documents must be provided for review?

To review the materials of an administrative dispute or case on an administrative offense, it is necessary to file a petition: this can be done electronically or by submitting an application in person to the court office, as well as by mail. It is important to note that when submitting an application in the form of an electronic document, it must be signed with an electronic signature - otherwise, the petition will not be registered.

It is worth noting that there is no standard form of an application for review, however, practice has developed separate criteria for such a petition.

The petition itself must contain information about the applicant, his address and contact information for feedback, as well as an indication of the case details and the name of the court considering it. In this case, if the application is submitted not by the participant in the case, but by his representative, a copy of the power of attorney and a diploma of higher education (lawyer's certificate and warrant - if the application is submitted by a lawyer) must also be attached to the petition.

In addition, forms for applications for familiarization are available on information boards in courts, which can also be used.

In addition to attaching copies of the relevant documents, it is worthwhile to provide the court employee with the originals of the power of attorney, diploma (other document - depending on who is the representative) for admission to the familiarization procedure.

In the case of familiarization with the materials of a case on an administrative offense, it is also worth considering the provisions of Article 25.5 of the Code of the Russian Federation on Administrative Offenses (CAO RF), which determines the status of a representative of a party to the case and establishes a list of documents certifying his authority.

Who can familiarize himself with an administrative case in court?

The right to familiarize himself with the materials of an administrative case is vested directly in the parties to the case (plaintiff, defendant or person brought to administrative responsibility), their representatives, as well as third parties and employees of state bodies participating in the consideration of the case cases.

In certain cases, for example, when considering a case on an administrative offence against a minor, his legal representatives - parents or guardians, trustees - have the right to file a petition for familiarization or issuance of a copy of the judicial act or minutes of the court hearing.

In addition, if a party to the case is a legal entity, the sole executive body - the CEO, whose authority is confirmed by an extract from the Unified State Register of Legal Entities (USRLE) or an order of appointment to the position.

If an expert examination has been appointed for the case, the expert is also granted the right to familiarize himself with the materials of the dispute.

What problems may arise during familiarization?

If all the above requirements for the content of the petition and confirmation of authority are met, there will be no problems with familiarization, and the applicant, after filing the petition, will only need to wait for the day of familiarization, which the court employee will inform if the applicant left his contact information. In addition, the participant in the case can contact the court himself and clarify the date of familiarization.

Certain procedural issues may arise if special rules have been established at the level of a specific court, in accordance with which familiarization is carried out, so it is worth finding out in advance what procedure for familiarization is in effect in a specific court. For example, the court rules may set a maximum time for familiarization or specific days when it is carried out (in this case, you will not have to contact the court staff, and you can come to familiarize yourself on the appropriate day).

Why choose us

As you can see, there are many nuances in the procedure for familiarization with the materials of an administrative case or a case on an administrative offense. It may be difficult for an unprepared citizen or representative to understand all the features on their own, since the procedure for familiarization may differ dramatically, depending on the specific court in which the dispute is being heard.

The location of the court in another region may also complicate the familiarization procedure.

Lawyers of the company "Sudohod" have extensive experience interacting with courts of general jurisdiction at various levels (magistrates, district, city, regional, etc.) and are ready to help familiarize yourself with documents on a specific dispute in any court in the territory of the Russian Federation.

In order to order the service “familiarization with case materials”, as well as to find out about the cost, terms and procedure of work – fill out the form or contact us in any way convenient for you.

Оставить заявку на ознакомление