an Administrative case is the dispute of the citizen with the state organization. For example, this procedure deals with claims for compensation for delays. Or a showdown with tax authorities. Etc.
judge of the Supreme court of Russia Elena Gorchakova recalled that last year began to work the new appellate courts of General jurisdiction. And held parallel to the procedural reform brought significant changes to Chapter 34 of the Code of administrative procedure. So I needed to explain in details the rules of consideration in the appeal of administrative disputes.
for Example, as noted by the Chairman of the Association of lawyers of Russia Vladimir Gruzdev, is now the case between judges distributes a computer program taking into account the load and specialization of judges. The question arises: what if the judge in a particular case was not assigned to the computer, and the President of the court, that is, in manual mode?
the Legal position of the Supreme court: in itself this is not a reason to cancel the decision of the first instance.
“As stated in the draft, a violation of the rules establishing the composition of the court using the automated information systems is not unconditional basis for cancellation of the decision”, – said the Chairman of the Association of lawyers of Russia Vladimir Gruzdev.
thus, according to him, in some cases, the decision of the court of first instance, citing the failure of the automated information system of allocation may be cancelled. For this we need to prove that failure to use the automated system “has led to the violation of the principle of independence of the judiciary by influencing the persons interested in the outcome of litigation,” says the project. In other words, the judge was appointed by someone’s call. Meanwhile, the judge must be completely neutral. By the way, for this and created a separate appellate court: they have jurisdiction in several regions. The calculation was made of the fact that for the local officials it will be distant and indifferent authority.
But emphasized: if in the proceedings at first instance for some time off recording and audioerotica not complete, the judgment is subject to unconditional cancellation. The law provides for mandatory and complete audioproduction process.
pending in the courts of citizens ‘ complaints against actions of officials or state bodies should be brought to the end, even in those cases, if complained died. And the decision at first instance can be challenged not only as a whole but also partially. For example, if the winning party is dissatisfied with the payment of court costs.
“Prepared explanation of the Supreme court of Russia on��ISAT the quality of consideration of administrative cases in the appellate court”, – said Vladimir Gruzdev.
following the discussion, the draft was sent to the drafting Committee, which will also be held by video conference. “Currently, this practice took on a positive trend. During a pandemic are actively developing electronic technologies, allowing to quickly and safely carry out urgent meeting. In future, the communication system in real time will be used more,” says the Supreme court of Russia.