An administrative call statement is a document with a clearly defined order of folding that form. How to fold yoga correctly?
When folded, it is necessary to spiral on the art. 125 of the CAS of the Russian Federation, which informs you about a number of statements, as it is necessary to state:
- I will name the ship's authority, until which time I submit an application;
- PIB of the applicant, exact address of residence;
- ПІБ bezposeredno v_dpov_dacha (as well as information - one address of residence, maximum contact data);
- the reason for the atrocities: that having gained vidpovidach, like rights, freedom, the interests of the poser, was destroyed;
- vymogi before the court with tsіy spravі z proofs of correctness and firm substantiations;
- transfer of documents that are added;
- certificate (receipt) about the payment of the sovereign mit.
Krіm tsgogo, before the application may be included materials for pre-trial regulation (for obviousness) that chi was zdіyssnnya skarga.
After all, the date and signature is put.
Important: in case of a guilty situation, if the citizen for some reason (obviously objective) cannot independently file an application and work through a third person (for example, a prosecutor), it is necessary to show a substantiation for which one must submit additional documents.
About the banning decision of the bailiff
If a hulk does not fit in with the decisions of the bailiff, he hopes for lines in 10 days for those to submit poses for re-registration. This term starts from that day, as if you knew about the result, which, to your mind, destroys your rights and interests.
If a person did not get caught up in 10 days, one thing, you can turn the term, ce formalizing the clamor, without which the court may have the right to rule.
Poses treba filed before the district court. All statements of this kind are reviewed for ten days.
The term can grow up in the middle to a month, so that the judges can blame the difficulties, tied with the helpers, hanging in the call.
Given the low options for the result:
- the court assigns a date to the review;
- the court can deprive the application without damage;
- if I can turn around, I will call;
- vidmova.
It is obvious that you should score the first result. With this you can not be present at an uninterrupted meeting: it will be carried out in a casual manner, and a third person may come forward for it, or else it will be necessary to give confidence.
How to praise the beast, if you would be a bailiff about the vikonnanny, the orders were not more than lower in a month after the recruitment of the rank of rank. Under the guidance of a hromadain, he may spend a month in order to swindle the decision.
Registered for the cadastral varty
Nasampered, listed for the cadastral office, can go through a special commission for looking at the superechok, and a representative of the Rosreestr can be present for any kind of obov'yazkovo. Vymoga hromadyanina about lowering the vartosta can be rehabilitated, with the help of the commission of the goiter, it is necessary to help him and the muscular organ of self-regulation.
Such times have the right to file administrative calls.
There are standard forms for filling in the list. Behind him, there may be a statement about the lack of work of the commission, as the sergeant of indestructibility, so I didn’t get any information about the results of the review.
A document is added, prior to the adoption by the commission, in which it may be appointed: date, number, place of adoption and relevant regulatory acts.
Before the necessary documentation is also included (deposit in a specific way):
- cadastral certificate from Rosreestru, which confirms the variability of non-viability;
- vysnovok expert commission about real vartosti;
- documents to prove the inaccuracy of information or the presence of a technical pardon;
- a copy of the document establishing the right is certified by a notary.
From that moment, as the commission made a decision, the citizen may have three months to file an application. Important: obov'yazkovoy umovoy є supplementary receipts about the payment of the mit.
Submission of an administrative call application for a bailiff
On September 15, 2015, the date of the ceremoniality of the decree was set, for some defamation of the duty of the bailiff, he was sent to court with an administrative summons. The application is issued suvoro vidpovidno before being appointed under Art.
The applicant has ¾ 10 days to file a call about the banning of the bailiff-vicon, starting from that moment, if the fault of the reports about the damage to his interests is right. If a term is omitted, one will also need to fuss over that term.
The call itself is required to be filed with the district court - the middle place of the work of the bailiff.
So declare the court to consider close to 10 days, however, the period can be increased up to a month for the decisions of the court in complex situations, which requires a good analysis.
The court later reminds of all the cases, yak to take the fate of those others right, about the place of that hour of the meeting. A review of the administrative inquiries will not be made, so you may not show up from the participants.
What appears to the right is foldable, the view may be extended, but no more than 5 days. Tse goloshuetsya at the process of the meeting.
From the moment of guilt, the decision may be close to 30 days, to file an appeal skarga.
For some reason, if you are satisfied, the decision of the court to file ceremonies and for a long time, the bailiff-viconate is guilty of reminding the applicant about tse.
Thank you for filing an administrative call
Viplata dermit obov'yazkov at times. Without a receipt for payment, the application simply cannot be praised. The very mito is strongly challenged for various categories of osib.
- a physical person to pay close to 300 rubles;
- legal (organization) - from 2000 to 4500 (depending on specific applications).
How to make an independent call for an administrative statement, find out from the video.
In contact with
How is it possible to be oskarzhennya to the bailiff? Who knows a lot, what to take into account is a positive judicial decision, more than half of it is right. Dali importantly yaknaishvidshe rozpochati vikonannya decision to the court.
Tsim zaymatimutsya spіvrobіtnik spіvrobіtnik spetіalіzovannogo pawn - bailiff. If you are guilty of an improper rank vikonu your shoes, then this idleness can become a drive for oskarzhennya.
How to write an administrative application for a bailiff before the trial, read in our article. And so proponuєmo. So in order.
In these articles:
Where to file an application for the banning of the bailiff of the court
There are a few ways to offend like that chi other day, so is the lack of action of the bailiff. Nasampered, tse tribute of skarga, addressed to the official's uninterrupted superiors.
It is necessary for him to add all the data about the vikonavche provadzhennya, and to write to him, as the very clause of the legislation without violating the bailiff.
To complete the skarga can be more specific about those, how to speed up the vikonavche provadzhennya or protect your rights as a party in a different way.
The advent of the beast is looked at for ten days. Behind this can be decreed from the appointed visits, so that they will live in the future.
If you ever want to come in real life, you will be right in an efficient way.
Diya, the lack of action of the bailiff, may have the right to denigrate all sides of the victorious conduct.
For example, the subject of the animal can be:
- disruption of the procedure of quiet chi іnshih vikonavchih diy;
- zastosuvannya areshtu to other people's speeches;
- idleness at the rozshuk of the borzhnik that yogo myna.
Before what has been said, it can be added that the dієviy method may and karga before the court on the bailiffs. At the moment, this procedural document is called as an administrative call to the bailiff.
About the particularities of the oskarzhennya to the bailiff of the judge of the CAS of the Russian Federation, a report will be made, literally in a couple of paragraphs.
Administrative application for the bailiff's office - waiting for that trial before the court
If the name is written at the address of the bailiff with a vykonavchim sheet, then it is possible to put a lien on it, even if you go to court. Tse zastosovno like stosovno civil, and arbitration judiciary.
If so, it is important to consider the terms for filing before the court with valid claims.
If for the issuance of a vykonavchogo sheet, the district court of arbitration was awarded, then the arbitrators could be charged with the absence of court bailiffs for three months, if the applicant had taken away information about the relevant facts.
That form is punished before the trial. As a drive for oskarzhennya di bailiff becoming a vykonavchy sheet, seen by the district court, an administrative call is filed.
If the vykonavchy sheet is signed by the arbitration court, then an application is filed for exposing the bailiff to be illegal. In any case, the bailiff will not require the introduction of a dermit.
Chi can skarzhiti di bailiff
As if they were state servants, assign ships to the navmisne, otherwise, through their incompetence, they allow scumbags in robots. The stench can catch on like the interests of a borzhnik, and a styaguvacha.
Do you have a problem with the zv'yazku z tsim at the zatsіkavlenoy side, how can you insult the wrongful act, chi, navpaki, the lack of action of the bailiff?
The current legislation allows to block these and other parts of the bailiff in two ways.
The first one swears at the skarga for the name of the uninterrupted head of the convict. On її podgotovka that formalization vіdvoditsya 10 days from that moment, if the people of the community and enterprises became aware of the violation of their rights.
For example, you turned away from the statement about the rozshuk of the mine of the borzhnik, but the bailiff did not.
If the claims are grounded, then praise is due to the results of looking at the scarga, in which case it will be appointed, if you come in next to renew the rights of the applicant.
Prote є i another variant, for some of those chi іnshі vchinki chi the bailiff's inactivity can be denounced by the judge.
Oscar for the inactivity of a bailiff to watch the court
How to file a claim for the court before the bailiff?
Nezalezhno in addition, in some form, I follow the trial before the court: I will call the administrative officer, or declare about the recognition of the illegal ones, the skarga before the trial on the court bailiffs is guilty of the mother of approximately such a structure.
The name of the court is written on the back of the head, as well as the data about the sides of the vikonavchy provadzhennya.
After that, the following is the name of the document (administrative poses or application), as well as the subject. The main part of the next part of the description of the furnishings, which formed the basis of the vikonavchy provadzhennya (posted on the ship's decision, its essence, as well as the details of ІL).
At the final part of the document, the varto must state your opinion before the court, as well as a list of addenda. Do not forget about the date and signature of the applicant.
How to insult the court bailiff at the court order
If the borzhnik does not plan to win over the court's decision to follow the order of the minds of another document, it is necessary to return to the SSP for the purpose of this appointment.
Keeping up with respects, passing on legislation, the stench of zdіysnyuyut dії schodo reaffirming the rights of the styaguvacha.
Moreover, it’s possible to stay not only tied to the borg, but also to stay out of the apartment, inspired by the robot, to defend other rights.
Rules for bringing to trial
In order to incriminate the court bailiff through the body of justice, it is necessary to remember about the kilka rules.
It is necessary to accurately appoint a court, where the next statement is made in accordance with the relevant statement, moreover, such a summons is given according to the rules of Chapter 28 of the Code of Administrative Litigation.
So, having seen the district court for a letter of typography, then it was necessary to go to the competent judicial authority for the purpose of enforcing the court.
It is right, considered by the arbitration courts, to establish such rules themselves, with one amendment to those that an application for a defamation should be filed before the court, which is the fault of the decision (Article 128 No. 229-FZ).
In addition, do not forget about the terms for filing a declaration.
If it is not filed before the district court, then 10 days from the moment the applicant is aware of his violation of rights is introduced on the basis of the article of interest. The duration of the arbitration process is 3 months.
However, at any time, the declaration of some kind of deputies did not help to pay the sovereign mit.
Submission of an administrative call statement
Below, an objection was made to declare that there was an oskarzhennya diy or a lack of action of a bailiff. Yogo can be taken as a basis for trial before the court, be it any jurisdiction. Later, the document is based on a statement to the court, as well as information about the contraction of that wrestler.
After that, you should describe the situation, at the link with which you have seen a vykonavchy sheet (details of the court's decisions, as well as other information).
At the offensive block of the document, there can be a description of that, in which it is considered the illegality of the bailiff or the lack of action of the bailiff. Its position in this part of the following was supported by the norms of legislation on the vicinities.
The final part of the may vengeance prohannya commemorate this other rank of violation of law. In addition, prior to the application, documents may be added that confirm the position of the third party.
An administrative call can be made lower.
I will call the administrative officer before the court on the duty of the bailiff’s inactivity
Balashikha City Court of the Moscow Region
143903, metro station Balashikha-3, Moskovsky pr., 1
Pozivach: Alexandrova N. V.
m. Balashikha, st. Mira 87 apt. 17
Vidpovidach: Bailiff-vikonavets
OSB along the Balashikha metro station
Petrova O.K.
AdministrativeI will call the statement
about the recognition of illegal idleness of the bailiff-vikonavtsa
On behalf of the bailiff of the OSP for the metro station Balashikha UFSSP for the Moscow region Petrova O.K. dated April 06, 2016, Vikonavche Provodzhennia No. 692355/16/74031-ІП was destroyed.
Substantiated for the initiation of the provadzhennya, the letter of the light court No. 2 - 9088/2015 appeared on the 12th leaf fall of 2015 to the fate of the constriction from the barber Degtyarov Viktor Volodymyrovich to the weight of Oleksandrov Mikoli Vasilovich a penny sumi 291 nine (two ninety two hundred).
Vіdpovіdno to st. Art. 2 and 4 of the Federal Law dated July 2, 2007 No. 229-FZ “On Vikonavche Provadzhennya” (further: Law), the bailiff’s task is to correct that timely vikonannya of court documents. And one of the first principles is the self-initiation of the vykonavchihs and the stagnation of the primus haulers.
The vulgar term of primus vikonnannya was not able to styaguvacha was introduced two months from the day of disruption of vikonavchy provadzhennya (part 1 of article 36 of the Law).
Prote, dosі bailiff-Vikonavtsy OSB in the Central District of Balashikha UFSSP in the Moscow Region Petrova O.K.
Applicant Oleksandrov A.V. vvazhaє, that the court bailiff-viconate of the OSP of the city of Balashikha UFSSP of the Moscow region Petrova O.K.
In a voluntary order, the borzhnik Degtyarov A.V., until the vikonavchy sheet of the Balashikha Moscow Court No. 2 - 9088/2015 on 01 February 2016, does not miss the fate, does not take away the summons, does not go to the bailiff’s office.
Dani stavini vіdpovіdno to h. 2 tbsp. 68 of the Law, for the entry of a primus vykonanny, among them, the bailiffs may have the right to arbitrate on the mine of a borzhnik (part 3 of article 68 of the Law). The contraction against the miner of the borzhnik includes either the forfeiture and the sale of the primus stove or the transfer to the applicant (Part 1, Article 69 of the Law).
The sale of the borzhnik's assets is ordered to be sold by the Federal Agency for the Management of the State Mine (Part 1 of Article 87 of the Law, Decree of the President of the Russian Federation dated 12.05.2008 N 724, Decree of the Order of the Russian Federation dated 05.06.2008 N 432).
Mine of a borzhnik, up to p. 7 and p. 10, part 1, art. 64 of the Law, it may be slandered by the bailiff at the rozshuk and forfeited from sufficient for redemption, he could syaguvacha for the vykonavchim document obsyag. And it was also handed over to the savings from that number of styaguvachevs or individuals, with some territorial body of the FSSP, a contract was laid.
And also vydpovidno up to paragraph 10, part 1, art. 64 of the Law, the bailiff can voice the rozshuk and the borzhnik. Vіdpovіdno to st. 62 of the Law, I have the right to apply for spying from scribbled wives to the authorities of internal rights.
Prote, praise about the rozshuk myna borzhnika vіdpovіdalny spіvrobіtnik not vinіs.
At the borders of the established term, the court bailiff Petrova O.K. did not impose any additional charges on Degtyarov A.V.
Right №2-4948/15
RISHENNYA
In the name of the Russian Federation
Leninsky district court of the city of Ulyanovsk
at the warehouse: ship Ribalka V. I.,
for Secretary SidonovaL. BUT.,
having looked at the court’s judge’s sitting administrative postures of Pigulivska PIB7 about the recognition of the illegal inactivity of the bailiff-vikonavtsa,
INST A N O V I L:
Pіgulivska D.V. returned to court with an administrative summons about recognizing the illegal inactivity of the bailiff-viconaut.
The statements are powerfully motivated so. DD.MM.RRR by the court of visions, a list of letters about the contraction of TOV "Comfort-Lux" for the punishment of Pіgulivskoy D.V. compensation for moral damage in the amount of 20,000 rubles.
Vikonavchesky sheet filed before vikonannya, Vikonavche provadzhennya destroyed.
Judicial bailiff-vikonavtse Mirsaitova O. I., violating Art. Art. 36, 64, 105 of the Federal Law No. 229-FZ dated 02.10.2007 “On the Vikonavche Provodzhennya” there were no entries for the actual vikonannya document.
Vstanovleny borzhnik lines for voluntarily vykonannya could not, like a vykonavchyu dokumentі, bypassing. However, the borzhnik did not have a new term for vikonanny. It didn’t take long to get used to attracting a borzhnik to the administrative capacity for st. RF.
DD.MM.RRRR Pіgulevskaya D.V. was taken away by the order of the bailiff-viconaut about the completion of the vikonavchogo conduct and about the return of the vikonavchy document to the convict.
Pіgulivska D.V. to ask the court for the appeal of the bailiff-vikonavtsa O.I. Mirsaitova. the proper rank of vikonati vimogi vikonavchogo document.
The administrative officer Pіgulivska D.V. did not appear at the court session, asked to look to the right for її daily hours.
The administrative officer is the bailiff-viconate of the Viddila of ship bailiffs (OSB) in the Leninsky district of the city of Ulyanovsk Administration of the Federal Service of Bailiffs (UFSSP) in the Ulyanovsk region Mirsaitova Olga Igorivna did not show up at the ship’s house on the day of the meeting.
The representative of the person received by the court to participate in the right of the clogged individual - UFSSP in the Ulyanovsk region Zimkin O.V. -Lux" at the cost of a styaguvacha - D.V.
DD.MM.RRRR the court bailiff Dashk N.N. Dane Vikonavche Provadzhennya Bulo is included in the warehouse of the star Vikonavche Provodzhennya shodo borzhnik - TOV "Comfort-Lux".
Vіdpovіdno to vimog p. 1 tbsp. 36 For the law of vimogi, which is to be avenged at the vikonavchou's documents, it is due to be vikonan by the court bailiff-vikonavtsy at two-month lines from the day of the destruction of vikonavchogo's conduct. However, this term is not applicable, the completion of the lines of the vykonavchihs' deeds and the zastosuvanya of the primus entrances are not intended to be attached, but the ending of the vykonavchy provadzhennya.
The judge's bailiff-vikonavtsev lived in, peredbachenih Art. 67, art. 68 of the Law, created for the vikonanny by a borzhnik, he could not have a vikonavchy document.
The evidence of a positive result for a syaguvach vіd dіy, which is carried out by a bailiff-vikonavtsy, cannot be used to ascertain the inactivity of a bailiff-vikonavtsy.
For this particular type of right, that legal interest of the applicant is violated not through the di (lack of idleness) of the bailiff-vicon, but to the fact that the organization-borzhnik TOV "Comfort-Lux" does not have the moisture content of any rough and rough lane, on the yak it can be tied up . TOV "Comfort-Lux" does not zdіysnyuє be-yakoy ї sovdarskoї ї іyalnostі, not roztashovuєtsya for the legal address specified in the statutory documents.
Vikonavche provadzhennya about the contraction of the borzhnik - TOV "Comfort-Lux" for the cost of the styaguvach - Pigulivskoy D.V. It was completed by the decision of the bailiff-viconate dated 24.02.2015 at the link with the impossibility to establish the financial position of the borzhnik, yogo mayo, or take into account the evidence of the presence of koshtiv, which lay yoma, and other values.
The reference letter was rotated by D. U. Pigulevskaya.
Vіdpovіdno before the ceremonial legislation, the return to the clerk of the vikonavchogo document is not a reshuffle for the re-presentation of the vikonavchogo document before the vikonannya.
R I W I L:
Satisfied with the administrative call of Pіgulivska PIB8 about the recognition of the illegal inactivity of the bailiff-viconate of the Administration of the Federal Service of Bailiffs in the Ulyanovsk Region, Olga Ihorivna Mirsaitov, was obligated to the proper rank of the victorious document - viconate.
The decision can be oskarzhene in the appeal order to the Ulyanovsk regional court through the Leninsky district court of the city of Ulyanovsk for a month from the day the decision is praised by the court in the residual form.
Judge V.I. Ribalko
Court:
Leninsky district court of the city of Ulyanovsk (Ulyaniv region)Other individuals:
SPІ OSB near the Leninsky district, Ulyanovsk Mirsaitova O.I.UFSSP in the Ulyanovsk region
Please judge:
Ribalko V.I. (judging)Ship practice h:
Virok, nevikonannya virokuShip practice shodo zastosuvannya normi Art. 315 CC RF
Administrative call statement about the banning of the bailiff
As a rule, the reasons for filing a summons to the duty of the bailiff-vikonavtsya lie at the tightened vikonavchny provadzhennya or the remaining ones, which violate the rights of the bulker. The procedure for folding the administrative call was transferred to Art. 125, 126 CAS RF.
It is important: the applicant has less than 10 days before the trial, if he has found out about the violation of his rights (otherwise he is guilty of knowing about this fact). At the time of missing a line at the call, it is also necessary to declare a complaint about the renewal of the line from the assigned reasons for the omission.
Hold on to the right of the category you don't cry. The court considers the application for a period of 10 days, in case of vindication of this term, it lasts up to 1 month.
Note: as a way to delay victorious conduct before the court of victors, it can be attractive to be attracted to vicariousness for evil by law.
Srazok administrative call statement to the bailiff
At the Zasviyazsky district court of the city of Ulyanovsk
Administrative contact: Shatskaya Svitlana Petrivna,living at the address: Ulyanovsk, vul. Vareikisa, 45-89
Date of birth: 08.02.1991
Administrative notice: Viddil FSSP near the Zasviyazsky district of Ulyanovsk (bailiff Vasechkina I. A.)
Do you not know your rights?
Administrative call statement
On April 4, 2016, 23,000 rubles were debited from the rozrahunka account at VTB 24. Spivrobitniki explained to the bank that it was zrobleno on the basis of the request of the bailiff Vasechkina I. A. (request No. 2564586 dated 04/01/2016).
Tsya bula was pulled into the account of the outstanding fine in the form of DIBDR, then it was explained that the fine, having served as a support, could not be changed before me (so I was told in DIBDR).
Shards of pennies didn’t turn me back, I respect that my rights were violated by the actions of the bailiff-vicon.
I ask the court
- Skasuvati the act of the bailiff Vasechkina I. A. (request No. 2564586 dated 04/01/2016).
- Turn to my account 23,000 rubles, as they were pulled illegally.
The list of documents that are submitted to the call statement:
- Call application in 1 copy. for 2 l.
- Statement from DIBDR about the number of fines for 3 years. in 2 copies.
- Dovіdka іz jar for 2 l. in 2 copies.
Date: 04/07/2016
Signature: /signature/
In this way, the decision of the court bailiff-viconavtsya can be oskarzhenі in court order, prote next vrakhovuvaty abbreviations of the term for filing an administrative summons (10 days from the moment that the administrative positive officer was aware of the violation of his rights), and also the transfer of the necessary Art. 125, 126 of the CAS of the Russian Federation with an administrative summons.
The wealthy of us at least once, that happened to the mother on the right with the Russian judiciary, and it seems that it is far from possible to achieve the actual victory over the decision made by the court. And to that the bulky people and representatives of the business seek help before the service of the ship's bailiffs (SSP) for the primus vykonanny decision to the court.
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However, most of the time they stick either with the adjectives, which do not allow viconati, or with their idleness, so that they ignore the court and the lack of necessary conditions in the established terms and obligatory obligations. In other words, what kind of zavzhd dії chi lack of deeds put a law-making basis under them and often blame the situation, if they are insulted. How tse robiti, where to be afraid and what is required of memory, rozpovіst tsya publication.
Overview of the situation
Otzhe, the drive to the presentation of scarga є or unauthorized dії court vikonavtsіv, or їhnya inactivity at vikonannі judiciary decisions and the adoption of the violation of the rights of the parties to the judicial review. Why do stinks turn around?
If you want the skin to be looked at by the judge, it is unique in its own way, we suggest applying unauthorized actions, adding abo, navpaki, idleness. Admittedly, for the decisions of the court of party 1, it is necessary to pay party 2 a penny sum. For this viconnanny, the styaguvach went for the help of the bailiff, ale vin, like a provodny vikonavche provadzhennya specialist, having passed the decree on impositions, so by unlawful actions provoking for the barber the possibility of reissuing the main rights to other osib, which can cause damage to the court.
Outlaw is such a nonsense: Tse і і І І ibnnnie abeal abstract Mine, I vitrebivannya alimeni, the same Zhittiy situy, they demand Virishinna, ale of the positive dinami, viconki Viconkun, the peremlki pereshkannya, peremobi -codium -codium -codium -cubs.
For example, there are a number of fluctuations in the direction of the binding of the vykonanny at the SSP of the vykonavchy sheet. Even after 2 or more months, they didn’t take away the decision about the destruction of the vikonavchogo’s conduct, now, about the wake of the awakening, the wart to live in.
At such surroundings, it is necessary to arrive at the SSP and, having turned to the office, recognize the name of the bailiff, who is entrusted with the authority to handle it, after which it is necessary to return to her from the application for recognition of the materials of the vikonavchy conduction.
If it is worth arguing, as if the materials were submitted, the fact that the bailiff of the court scrambled unauthorized actions to confirm the incompleteness, then the aggressor has the right to slander the bailiff’s decision, tobto. yogo podії chi bezdіyalnіst.
Rozvitok podium
Let's figure out how to work for the peresichny inhabitant of the company with the decisions of the court in their hands, as if they do not win over real life. The evidence is obvious: it is necessary to file an oskarzhennia for the bailiff's (lack of idleness).
The law prescribes 2 ways of defamation:
- reason from a statement at the borders of internal order, tobto. to the uninterrupted kerіvnik of the ship's clerk;
- filing an administrative summons to the court, the jurisdiction of which is dependent on the circumstances of the review.
Call for an uninterrupted kerіvnitstvu to call on the rank and file of the ship's vikonavtsiv, call the administrative officer - in quiet situations, if you fall down on the posadov's person with a great camp.
Important nuances
When making a scarga, you need:
- thoroughly vindicate the materials of the Vikonavchogo Provadzhennya;
- to carry out an analysis of the bailiff from a legal point of view to see if there is a clear violation of the law, in order to signify the violation of the norm;
- appoint the addressee of the scarga: the posadova person of the FSSP chi court, where the next file is to call the application.
Particular respect is attached to the terms, we will establish for the filing of an application and we will set it within a short time frame - 10 days (clause 3 of article 219 of the RF CAS).
In most cases, the styaguvacha does not inform the bailiff of the court about the charges, otherwise the lack of action and learn about the goal only once, if the negative consequences have already arrived. This nuance of the payment of legislation: the 10-day term is corrected from the moment, if I become aware of the situation, what has become.
Take it to the point of honoring the great obligation of the robot and the stisli of the terms of the filing of the application, as it may be on the basis of the expulsion of the bailiff incompetent, you should take advice from a certified lawyer. And it’s better to get yoga to work on the design of the scarga. It is important to remember that you can’t take it easy, that you hang to the shape of a scarga and її rumpled smistu, you can bring it to the point where you can look at the right conditions.
Application for a listing of a bailiff (viconavtsya)
This document has no room for emotions, but the language is stated as follows:
- ПІБ or the name of the undertaking-submission of the application;
- place of residence / change of physical person or roztashuvannya firms;
- PIB is the population of the individual to whom the application is sent;
- legally substantiated substantiation for exposing them as illegal;
- recognition of the rights and interests of filing a statement, as if they were damaged due to the bailiff’s / ineptitude;
- vimogi individuals, scho filed an application.
An important factor is the correct, competent and concise presentation of information. Itself tse allow you to take the most obvious look at the declaration of recognition of the findings from her surroundings.
Documents
Submission of scarga before the selection of the necessary documents, which is the evidence base for the procedure of oskarzhennia of the bailiff.
Obov'zkovimi prior to the execution of the application is important:
- the court bailiff's data, which became a drive for oskarzhennya;
- requisites of the decree, which actually became the decision of the vikonan to the court;
- a report on the re-admission of illegal acts committed by the bailiff, or yogo lack of action with the intent to violate the articles of the law “On Vikonavche Provadzhennya”.
At the end, it is necessary to show evidence, for example, about squeezing the judgment of the court’s vicon, or else to recognize the court’s judge from the court if it was illegal for those others.
The submitters of the scarga may not add documents to it that confirm the furnishing, they ask for it, they give the law to the landowners, as they look at the application, they must submit all the necessary documents. The terms of the review in such situations should be accepted until the moment when the materials of the vykonavchnoy process are submitted, but no more than 10 days. However, take a longer look at the statement.
Pozov
Administrative appeals before the court, the form of which we have filed, is being reviewed in the case of skarga, which is being put together for transfer to the order of the administrative order. Here it is so important that it is grounded and that it is important that it be submitted for the presentation of claims to the bailiff, the recognition of the violation of legislative norms by him and the violation of interests of the submission of a call.
An important mind for the recognition of the wrongful bailiff in court is not only a clear description of the situation, but an addendum to the announcement of the upcoming documents:
- a copy of the administrative call;
- a copy of the decree about the destruction of the vikonavchogo provadzhennya;
- the order of the bailiff, as it became the cause of the insult;
- other documents to testify about the fairness of the statements made by the call, arguments.
tribute
The application procedure is simple. At the office of the SSP, two copies of the application are submitted, one of them with a sign about the acceptance of the submission. Prior to the trial, administrative appeals are also submitted to the office. A copy of yoga with a note about acceptance is left in the hands of the giver.
Variety and terms
File a claim before the court, and before the service of the Joint Venture it is free of charge, so you don’t need to cry.
Varto, I give special respect to the terms of the defamation. Like guessing, the stench is stiff (10 days). For some reason, it is impossible for them to get involved, it is necessary to write earlier in writing about the renewal of the term for the defamation of the ship’s vikonavtsya.
Application review procedure
Skarga, filed within the framework of sub-ordering to the FSSP, should be seen as a trusted landowner, as a 10-day term is familiar with the surroundings, which are included in the application, it should be praised.
Yogo ob'azkovymi requisites become like this:
- ПІБ that settlement of an individual, yak accepted a decision for the application;
- PIB physical or legal entity, as filed an application;
- the place of residence of a private individual and the distribution of firms;
- a short, but as much as possible zrozumіly viklad suі skargi;
- priming proof of the accepted decision;
- make a good decision;
- the order of yogo oskarzhennya in times of evildoers.
Under the scrutiny, declare the landowner of the SSP to be recognized:
- before the guilty ruling, which explains the actions / lack of action of the bailiff, or else they were rightful and, as a legacy, they were happy with the skarga, what happened;
- I declare with a primed full world, but I am a part of it.
In the rest of the day, the settler must make one of several decisions:
- skasovuє vinenennu bailiff decree povnіstyu abo pevnu її chastina;
- the order of the court and the bailiff's request to take another decision, so as not to damage the interests of the submission of the norms of the law;
- because of the facts, which are oskarzhuyutsya in the application, it is unlawful that they come in, carrying out such directives on the adoption of the damage.
Decision, if you’re guilty of looking at the pіdbags, declare, you can be vikonan for 10 days, wanting to be praised in some other terms.
The law of the FSSP settlement, which zdiisnyuє razglyad declare, is given the right to impose disciplinary or other vidividuality of the court bailiff, which is illegal. A copy of the ruling may be sent to the person who submitted the application within a 3-day term.
As if the decision about the court in the review of the statement was made, the person who filed it, may have the right to send the scarg to the greater clerk or slander in court.
The introduction of a 10-day term at a glance is right, sometimes in especially folding situations, this term can be carried out by the head of the court up to 1 month. The participants are lately talking about the date and the hour of a distant look. Non-appearance is not considered as a substitute for the meeting, and meals can be considered for their attendance.