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A copy of the court decision by registered letter

Legal aid 27.10.2019 at 10:28

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The Existing civil procedural legislation of the Russian Federation imposes upon the court duty to send a copy of a judicial act to the persons involved in the case only if these persons were not present at the hearing for any reason. If the civil process is present at the hearing, then a copy of the decision of the court it is not sent. The participant is entitled to apply to the court to issue a copy of the court decision. A copy of the decision of the court he is entitled to receive independently court office. A litigant can also petition the copy of the judgment by mail, if it is difficult to independently appear in court. In this case, the court sends a copy of the court decision by mail. The deadline to submit the court decision by mail code of civil procedure of the Russian Federation is not installed and also not installed the post (simple or custom). Simple letters are often lost, and simple letters cannot be tracked by track number. The draft Federal law "On amendments to the Civil procedural code of the Russian Federation" it is planned to impose on the court a duty to send a copy of the decision of the court persons not involved in the case by registered mail. In addition, it is proposed to impose on the court a duty to ask the parties to the process method of the receiving copy of the decision of the court (in person, including awareness copy in electronic format or receive in the mail).

currently, according to the established judicial practice, a copy of court orders sent to the persons involved in the case, only in case of their application in the office of the court. According to the statement, the persons participating in business, copies of court orders, sent by post or delivered under receipt. Copies of the decision of the court to the persons participating in business, can be sent on paper by mail or in the form of electronic documents with use is information-telecommunication network "Internet". While the current legislation does not set any deadline within which it must be sent the decision of the court or a post that needs to be sent a copy of the decision of the court on paper. In accordance with clause 2.13. The order of the Judicial Department of the Supreme Court of the Russian Federation dated 29.04.2003 No. 36 "About approval of the Instruction on judicial office-work in district court" writ of summons and copies of judicial acts by the court are sent by post in accordance with the requirements of the current legislation (article 4 of the Federal law dated 17 July 1999 No. 176-FZ "On postal communication", the order of FSUE "Mail of Russia"from December 5, 2014 № 423-p "On approval of Special conditions for receiving, delivery, storage and return of mail the category of "Judicial", etc.). According to article 4 of the Federal law dated 17 July 1999 No. 176-FZ "On postal communication", especially the procedure for the provision of postal services in terms of delivery (delivery) of legal notifications are established by rules of rendering of postal services in accordance with the provisions of the procedural legislation of the Russian Federation. In this case the law it is only the judicial notices, which may not be assigned copies of decisions and rulings of the court.

In accordance with paragraph 15 of the Order of the Ministry of communications of Russia from 31.07.2014 n 234 "On approval of Rules of rendering of postal communication services" peculiarities of delivery (delivery), storage of mail the category of "judicial" (postage, Federal courts, constitutional (Charter) courts and world judges of subjects of the Russian Federation that contain attachments in the form of court papers (summons), copies of judicial acts (including decisions, rulings of the courts), court cases (materials), Executive documents),shall be established by regulations. In connection with the issuance of a writ of FSUE "Mail of Russia" from 07.03.2019 No. 98-p "On approval of Special conditions for receiving, delivery, storage and return of mail the category of "Court", the order of FSUE "Mail of Russia"from December 5, 2014 № 423-p "On approval of Special conditions for receiving, delivery, storage and return of mail the category of "Court", to which refers the Order of the judicial Department of the Supreme Court of the Russian Federation dated 29.04.2003 No. 36 is repealed. In accordance with the provisions of the Order of FSUE "Mail of Russia" from 07.03.2019 No. 98-p "On approval of Special conditions for receiving, delivery, storage and return of mail the category of "Judicial" in mail discharge "the Court" forwarded for judicial notice (judicial subpoenas), copies of judicial acts (including decisions, rulings of the courts), court cases (materials), Executive documents, including can be sent applications for electronic media (p. 6.2.4.2). Registered letters and registered parcels the category of "Judicial" should be sent with return receipt requested (p. 6.2.5.1).Postage the category of "Judicial" in case of impossibility of their delivery to the recipients (or their authorized representatives) are kept in the post offices of destination within 7 days (section 11.1.).

From the above rules it follows that the legislation of the Russian Federation contains no norms obliging justices of the peace and district courts, to send the request of the persons participating in business, copies of the court's decisions by registered letter with notice, does not establish a time frame within which you must send or deliver a copy of the decision of the court. Currently, the question about the choice of post is at the discretion of the court and, as a rule, decisions of district courts are sent by regular post (mail) at an arbitrary timing. Simple letters, in contrast to registered and insured letters are delivered to the recipient's mailbox and do not have a track number to track. The receipt of the letter cannot be confirmed or refuted by a citizen, and therefore cannot be proven in court in the proceedings, including the recovery time of the appeals court decision. The instruction on judicial office-work in the Supreme courts of republics, territorial and regional courts, courts of cities of Federal significance, courts of Autonomous region and Autonomous regions, approved by Order of the Judicial Department under the Supreme Court of the Russian Federation from 15.12.2004 № 161 in contrast to the instructions of the district court, it is established that copies of the procedural decisions of these courts are sent by registered mail with return receipt requested (with custom or simple) (§4.3.).

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