Entry into force of a court decision in absentia. Problems of absentee proceedings in civil proceedings

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A court decision in absentia comes into force upon the expiration of the deadline for appealing it, provided for in Article 237 of this Code.

Legal advice under Art. 244 Code of Civil Procedure of the Russian Federation

Alexey Kutkin

There was a trial and the decision was published only after 7 months, we won, we thought hurray victory! But suddenly we find out that the defendant, in all likelihood, wrote a statement and the court decision was canceled and the trial was now postponed until October 21. All this has been going on for more than 4 years. In the beginning, we wrote to the police and prosecutor’s office and then went to court. Fraud in large size. What should I do, how can I be better, tell me? Should she write a petition to have her property seized, etc.?

Fedor Paraev

For some reason, the court made its decision 7 months later. The decision was in our favor and suddenly the defendant wrote a statement and the decision was canceled. Now the trial is already on October 21, what should we do, what should we do better? Please answer, this whole epic has been going on for 4 years now.

• Question answered over the phone

Maxim Pozolotchikov

Hello. I have a question. I’m just not sure that I will get an answer, since I have contacted your services more than once and there have been no answers. I need to know, there was a trial in Ukraine (in the Kherson region) based on the discharge. My ex-husband discharged me with my consent. If the trial took place. In how many days will its decision be in force? Thank you.

• Question answered over the phone

Liliya Sidorova

The court made a reasoned decision on 01/28/2017 When will the court's decision in absentia come into force and how many days later, according to the law, can I receive a writ of execution in my hands if the office still responds about not receiving the notice of delivery to the defendant

• Question answered over the phone

Marina Gerasimova

Divorce. Can anyone tell me how many days later a court decision on divorce in absentia comes into force???

• Lawyer's answer:

  This is the procedure for the entry into force of a court decision in absentia. Article 244. A court decision in absentia enters into legal force upon the expiration of the deadline for appealing it, provided for in Article 237 of this Code. Article 237. 1. The defendant has the right to submit to the court that made the decision in absentia an application to cancel this court decision within seven days from the date of delivery of a copy of this decision to him. 2. An absentee court decision may also be appealed by the parties in cassation, an absentee decision of a magistrate - on appeal within ten days after the expiration of the deadline for the defendant to file an application to cancel this court decision, and if such an application is filed - within ten days from the date of the court ruling refusing to satisfy this application. -----------------It should also be noted that in accordance with Art. 236 of the Code of Civil Procedure of the Russian Federation, the court is obliged to send a copy of the court decision to the defendant no later than 3 days from the date of its adoption with notification of delivery. If the court decision has entered into force, therefore, there is a NOTICE OF SERVICE in the court. The only question is WHO “received” the decision for the reporter and signed the notification of delivery?

Evgenia Molchanova

entry into force of the absentee decision of the magistrate. 06/09/2011 The claim (application) was satisfied. reasoned absentee decision dated June 14, 2011. when does it come into force? when will it be sent to the bailiffs? How many days are given for voluntary repayment? People would like to tell me the numbers, it’s not for nothing that I point them out. In general, the main problem is that I have to go abroad on Saturday (July 200. So I’m afraid that they will be deployed at the border

• Lawyer's answer:

  1. A copy of the court decision in absentia is sent to the defendant no later than within three days from the date of its adoption with notification of delivery. 2. To the plaintiff who was not present at the court hearing and asked the court to consider the case in his absence, a copy of the court's decision in absentia is sent no later than within three days from the date of its adoption with notification of delivery. Article 237. Appeal against a court decision in absentia 1. The defendant has the right to file with the court that adopted the absentee decision an application to cancel this court decision within seven days from the date of delivery of a copy of this decision. 2. An absentee court decision may also be appealed by the parties in cassation, an absentee decision of a magistrate - on appeal within ten days after the expiration of the deadline for the defendant to file an application to cancel this court decision, and if such an application is filed - within ten days from the date of the court ruling refusing to satisfy this application. Article 238. Contents of an application to cancel a court decision in absentia 1. An application to cancel a court decision in absentia must contain: 1) the name of the court that made the absentee decision; 2) the name of the person submitting the application; 3) circumstances indicating valid reasons for the defendant’s failure to appear at the court hearing, which he was not able to promptly inform the court about, and evidence confirming these circumstances, as well as circumstances and evidence that may affect the content of the court’s decision; 4) request of the person submitting the application; 5) a list of materials attached to the application. 2. An application to cancel a court decision in absentia is signed by the defendant or, if authorized, by his representative and submitted to the court with copies, the number of which corresponds to the number of persons participating in the case. 3. An application to cancel a court decision in absentia is not subject to state duty. Article 239. Actions of the court after accepting an application to cancel a court decision in absentia The court notifies the persons participating in the case about the time and place of consideration of the application to cancel the court decision in absentia, sends them copies of the application and the materials attached to it. Article 240. Consideration of an application to cancel a court decision in absentia An application to cancel a court decision in absentia is considered by the court at a court hearing within ten days from the date of its receipt by the court. The failure of persons participating in the case and notified of the time and place of the court hearing to appear does not prevent the consideration of the application. Article 241. Powers of the court The court, having considered the application to cancel the court's decision in absentia, issues a ruling to refuse the application or to cancel the court's decision in absentia and to resume consideration of the case on the merits by the same or a different composition of judges. Article 242. A court decision in absentia is subject to cancellation if the court establishes that the defendant’s failure to appear at the court hearing was caused by valid reasons, which he was unable to inform the court in a timely manner, and in this case the defendant refers to the circumstances and presents evidence that may affect the content court decisions. Article 243. Legal force of a court decision in absentia A court decision in absentia enters into legal force upon the expiration of the deadline for appealing it, provided for in Article 237 of this Code.

Vasily Chernokozhev

If the reporter does not want to receive a court decision in absentia - does not go to the post office - when will the decision come into force? The court's decision is in absentia. Due to the equality of the parties, the defendant MUST be notified of the decision made. This defendant refuses to receive the said decision. I couldn’t find a single line in the Code of Civil Procedure about what happens in the event of non-delivery. Everywhere and everywhere the time from delivery is counted. Calls to the court office give one answer: “we have not received a notification from the post office about delivery of the decision to the defendant, please wait”

• Lawyer's answer:

  In accordance with Art. 244 of the Code of Civil Procedure of the Russian Federation, a court decision in absentia comes into force upon the expiration of the deadline for appealing it, provided for in Art. 237 Code of Civil Procedure. This article provides that the defendant may apply to the court to set aside a default judgment within seven days from the date of delivery of a copy of the judgment. Since the law deals specifically with the delivery of a decision, within the meaning of the article it turns out that until the decision is served in person, the period for appeal has not expired and the decision cannot enter into force

Nadezhda Sukhanova

Tell me the date for the entry into force of the district court's decision in absentia???. The decision is dated February 14, 2012. When can you apply for a writ of execution????

• Lawyer's answer:

• Raisa Sukhanova

  What is the maximum period for a court decision to enter into legal force?

  • 10 days from the date of decision. 10 is for appeal. all presented to Russian Post

Liliya Kudryavtseva

When will a court decision in absentia come into force (details inside). The court hearing was on 02/12/2013, at the same time a reasoned decision was made in final form, a copy of the decision was sent to the defendant on 02/13/2013, I (the plaintiff) received it in my hands, the case was handed over to the office on 02/22/2013. When the decision comes into force, provided : the defendant avoids receiving the decision, but does not intend to appeal it.

• from the date of expiration of the period for appeal

Alexandra Golubeva

please tell me how and when does a court decision in absentia come into force?

• It is canceled once or twice within 10 days

Igor Pescherov

when a court decision in absentia comes into force if the defendant fails to keep a copy of the decision

• The court decision comes into force after 10 days.

Valery Polyanchikov

Please tell me when the court's decision in absentia will come into force? Please tell me! The trial took place on December 13th. The defendant asked the court to consider the case in his absence. And the court granted his request. A court decision was made in my favor (I am the plaintiff). The defendant is from Samara. Question: When will the court decision come into force?

• Lawyer's answer:

  The decision must be sent (by the court office) to the defendant by registered mail. From the moment it is received (depending on the date), he is given the period for appeal specified in the decision, plus an additional 4-5 days if the defendant decides to appeal the decision on appeal and sends the appeal by mail to the court of first instance. Sometimes the period for appeal is restored if a person within the deadline provided for the appeal, was ill, on a business trip, or had another valid reason for missing the deadline

Roman Sayfutdinov

What is the period for a court's default judgment on divorce to come into force?

• Code of Civil Procedure of the Russian Federation Article 237. Appealing a court decision in absentia 1. The defendant has the right to file with the court that adopted the absentee decision an application to cancel this court decision within seven days from the date of delivery of a copy of this decision. 2. Default court decision...

Eduard Krivoy

The court made a default judgment. The default judgment entered into legal force “on the collection of funds.” There was no statement on my part to secure the claim. But only in the lawsuit, in the list of petitions, was my request that the judge seize the amount of debt on the defendant’s account. In words, the judge refused to seize me, explaining that this should be decided with the bailiffs when they receive the writ of execution. What should my actions be in this case and how to achieve a faster payment by the defendant and is it even possible to get money from defendant under a court decision? And if so, in practice, how long does it take? The defendant is an individual entrepreneur registered in Moscow. He has current accounts in different banks, has shops, real estate, but in another city.

• Lawyer's answer:

  Writ of execution - to the bailiffs, in the application indicate the property of the debtor that you know about and ask to seize it. Also ask to apply a temporary ban on the debtor leaving the Russian Federation. In general, with the bailiffs you will still suffer grief. Sorry. Don't even ask about the deadline.

Victoria Denisova

When does the decision take effect? trial in absentia to reduce the amount of alimony in 2014?

• Maria Borisova

  What is the period for the entry into force of a court decision on divorce in absentia, and what nuances may there be?

  • Lawyer's answer:

    Article 242. Grounds for canceling a court decision in absentia Commentary on Article 242 The court has the right to cancel a previously issued absentee decision if the defendant proves the entire set of facts established in the commented article. Firstly, the defendant must document the valid reasons why he could not participate in the process. Secondly, the defendant must prove the impossibility of timely informing the court of the existence of the above reasons. And finally, thirdly, the defendant must present to the court evidence that has not previously been examined at the trial, which may affect the content of the decision. Without this, the court's establishment of the first two facts is not grounds for canceling a previously issued court decision in absentia. The defendant may additionally refer to his lack of notice of the court hearing at which a decision was made in absentia. This circumstance can also serve as a basis for canceling the default judgment and resuming consideration of the case on the merits, due to the fact that this circumstance is an unconditional basis for cancellation decision taken(see commentary to paragraph 2, part 2, article 364 of the Code of Civil Procedure). Article 243. Resumption of consideration of the case Commentary on Article 243 Making a decision in absentia is one of the tools to combat the delay of the civil process. As a general rule, all persons participating in a case must exercise their rights in good faith. If the defendant, duly notified of the time and place of the court hearing, fails to appear after the first decision in absentia is canceled and the case is resumed on the merits, the decision made by the court will not be in absentia, and the defendant himself is deprived of the right to re-file an application for review of this decision in absentia proceedings, i.e. i.e. an application to cancel a default judgment. In this case, an appeal against a decision in absentia by the defendant is possible only to a higher authority according to general rules current procedural law.

Stepan Tonkachev

The court issued a decision in absentia, which was received by the defendant on 06/05/08, when will the decision come into force?

• Lawyer's answer:

  The defendant is given 7 days to file an application to cancel the default judgment; if he does not do this, after these seven days he will still have 10 day period for a cassation (appeal) appeal, if he does not appeal, the decision will enter into legal force. If the defendant has not done anything before today, then today is his last day to file a cassation, otherwise tomorrow it will come into force.

Eduard Medyakov

How does a court decision in absentia come into force and within what time frame if the defendant’s place of residence is unknown? Last. the known place of residence at the time of consideration of the case was a rented apartment. The absentee decision was sent to this address, but was returned with a note that he had already moved out in an unknown direction.

• Lawyer's answer:

  After he returned and entered. Now the courts (by at least here in St. Petersburg) they use it by analogy. Unknown place of residence of the defendant If the place of residence of the defendant is unknown, the court begins to consider the case after the court receives information about this from the last known place of residence of the defendant. Otherwise, he may never receive it at all and it will never enter into legal force. If you have questions, write. Good luck! The judge could not overturn a default judgment that had entered into legal force. Mess!

• Until the defendant receives a default judgment, it cannot enter into legal force.

Elizaveta Tarasova

How to appeal a court decision that has entered into legal force (not in absentia), to a person who is not a participant in the process, but whose interests have been violated. for example: a court decision recognized the right of ownership of a person by inheritance to a share in an LLC, but this share was not initially alienated to the testator. The owner of the share learned about the decision made only after the court decision entered into legal force from the register and, naturally, did not participate in the court and was not involved as a party or interested party

• Lawyer's answer:

  It is necessary to go to court with a statement of violation of your civil rights, most likely, if the problem is correctly stated, the court will individually put forward the appropriate legal act, on the basis of which your rights will be protected and restored. But in fact, I would recommend that you contact a lawyer for help in this matter, since you will need a notarized statement, a certificate stating that you were not notified of the court decision and a statement about the infringement of your personal rights and freedoms.

Vera Solovaeva

if the divorce in court happened without me... and they didn’t give me a summons, is that legal? my husband filed for divorce through the court.. they didn’t deliver the summons to me and they said that she seemed to have sent her away.. and is it legal that they divorced me without my presence?

• No no and one more time no. It is illegal.

Valentin Faustov

Will a default judgment come into force if the defendant does not sign for its receipt? what if the defendant, who lives in Europe, receives a decision in absentia from the Russian court by mail, and it is not the defendant himself who receives the mail, but his relative? will this be considered that the defendant is aware of the default decision? The judge said that only the defendant himself, PERSONALLY, must sign for receipt of this decision... V otherwise the decision will not come into force. . This is true?

• There is a period for appeal. After this period, the court decision comes into force. If everything were so simple: I didn’t sign the decision and it doesn’t come into force, 95% of court decisions in our country would not come into force.

Vadim Venchakov

banks. when the case is brought to court. They should send a summons to the debtor and conduct a trial only with the debtor to listen to him for whatever reason he does not pay, etc. Or they can conduct a trial without the debtor, and then just send a letter home, saying that within 5 days you will pay off the debt?

• Lawyer's answer:

  When a case (any) is brought to court, both parties to the case - the plaintiff and the defendant - must be notified of the date of the hearing in the proper manner - by registered letter with notification at the place of registration. If this procedure done clearly twice and one of the parties did not appear in court, then the trial is postponed and at the third meeting, if one of the parties fails to appear, a default judgment is announced, which can be challenged within 10 days by either party. If the challenge does not occur within the specified period, then the court’s decision in absentia comes into force.

Leonid Savelov

When will the decision come into force? The defendant failed to appear at trial three times. received telegrams and signed for them. The last meeting was on October 16.

• Lawyer's answer:

  If the decision was made and it is in absentia, then 5 days to write off + sending a letter to the defendant - if it is received, then + 7 days to cancel, if it is not canceled + 1 month to appeal, if it is not received, then 7 days lies in the mail and is returned to court - from the date of return + 1 month. In general, after approximately 2 months in the absence of cancellation or appeal.

Bogdan Yahyev

There was a court case regarding alimony. He did not come. A default judgment was issued to collect alimony. Where should I go with this piece of paper? He can. Can he appeal it?

• Lawyer's answer:

  yes he can appeal. nowhere yet. first 5 days to write a resolution, then the decision must come into force - this is a month. plus 7 days are added to appeal the default decision. and only then can you come to court, put a mark on the entry into force of the decision and receive a writ of execution and then go to the bailiffs.

Vyacheslav Baryatinsky

Tell me, how long does it take for a court decision in absentia to come into force? As I understand it, in order for it to come into force, it is necessary to notify the defendant, so the actual and legal address of the defendant was indicated in the claim. but the letter has not arrived from the second address for 2 months????

• After 10 days. But it is quite easy to cancel a court decision in absentia. Since from the moment it is served on the defendant, he has the right to file an application for its cancellation within 7 days...

Natalya Sergeeva

The court made a default judgment on the loan, what should I do? If I cancel, what will happen next? not a court order

• Lawyer's answer:

  Article 243. Resumption of consideration of the case If the decision in absentia is canceled, the court resumes consideration of the case on the merits. If the defendant, duly notified of the time and place of the court hearing, fails to appear, the court decision adopted during the new consideration of the case will not be in absentia. The defendant does not have the right to re-file an application for review of this decision in absentia proceedings. Article 244. Legal force of a court decision in absentia A court decision in absentia enters into legal force upon the expiration of the deadline for appealing it, provided for in Article 237 of this Code. . File a counterclaim in court. Recognize the contract as enslaving. After this, the Court is obliged to reconsider the interest and penalties. Please provide proof of income and writ of execution pay what the court orders. More details on the forum - no to collectors dot ru -.

Svetlana Panina

Will I be able to collect alimony since 2010? in October 2009, paternity was established in absentia. in August 2010, I filed an application with the magistrates’ court for the recovery of alimony by court order. The magistrate's court issued a ruling refusing to accept the application for the issuance of a court order. In the attached documents in the certificate of paternity establishment, there was no mark on the entry into force in January 2012 at the request of the defendant. The district court overturned the absentee decision to establish paternity and ordered a DNA examination. In March 2012, the district court established paternity. In April 2012, I filed an application with the magistrates' court to collect alimony by court order. The magistrate's court issued a ruling refusing to issue a court order. There was no note in the court decision to enter into legal force. the child is my dependent. father financial assistance did not and does not provide support for the child. Now I want to file for alimony with a regular claim. Will I be able to collect child support from August 2010?

• Lawyer's answer: Art. 163 LCD we are obliged to pay for the commission. services from the moment of receipt of the state certificate. registration (in our case it is November 29, 2013). But we moved into the apartment only a month later (move-in date 12/23/2013). Consequently, several questions arose: 1. how to deregister the previous owner? 2. with the remaining things? Do we have the right to throw them away? 3. who is obliged to pay for this month? (there are no documents confirming that we actually moved in on December 23rd). Will the Housing Office recalculate us?
  • Lawyer's answer:

    1. After tomorrow you can file a lawsuit in court to recognize her as having lost her right to reside. They won’t consider it soon, but you will get the result. Without a court, you will not be able to remove her from registration - there is no such law that “without a trial it is possible to remove her from registration as a person who is not related to you and does not have ownership rights in this apartment” 2. Regarding things - if they are not indicated in the agreement, you can throw it away. 3.You must pay from the moment you receive your title to the property. And the fee does not depend on whether you moved in or not. They will not recalculate. The sooner you go to court, the faster you will get a result. So you have 2 more days this year. State duty is only 200 rubles. Consideration is up to 2 months + a month for entry into legal force, and if there is a decision in absentia, then everything will drag on for another month.. but there will be a result..

    Application to the Magistrates' Court. The presence of the husband is not necessary if there is confirmation that he received a subpoena. In a maximum of 3 months, you will receive a court decision on divorce in absentia. After 10 days from the date of issue it will come into force...

    • Lawyer's answer:

      Indeed, the period for the entry into force of a court decision in absentia begins to be calculated from the day the defendant is served with a copy of the decision (the minimum period is 17 (seventeen days), and not 7, as indicated in the previous answer (7 days is the right to cancel the decision in absentia plus 10 days - the right to a cassation (appeal) appeal) In the event that there is no information about the defendant receiving a decision, there are options - - try to serve the decision in person with witnesses and, in any case, - formalize the “delivery or non-delivery procedure” with notarized testimony of witnesses in accordance from Article 103 of the Fundamentals of the Legislation of the Russian Federation on notaries - in the Sverdlovsk region, with the approval of the regional court, for example, the following "mechanism" is used - the court of first instance, due to the organization of the delivery of postal correspondence, does not have reliable information about the defendant receiving a copy of the court's decision in absentia. This entails difficulties in determining the date of entry into force of a default decision and difficulties in calculating the period for appeal. If the defendant does not appear at the post office to receive a copy of the decision in absentia, then the situation with the calculation of deadlines is further aggravated. The court, without reliable information about the defendant’s receipt of a copy of the court’s decision in absentia, cannot calculate the seven-day period for filing an application to cancel the court’s decision in absentia; accordingly, it is not able to establish the date the court’s decision in absentia enters into legal force. This leads to a violation of the rights of other persons participating in the case, since they are deprived of the right to enforce a court decision in absentia. At the same time, a situation arises when the period for filing an application to cancel a court decision in absentia becomes unlimited. An absentee decision made by the court does not enter into legal force, ending up in a kind of “frozen” state. In practice, the court determines the date the defendant is expected to receive a copy of the court decision in absentia and from it calculates the period for filing an application to cancel the decision in absentia and the period for cassation appeal. If the defendant exercises his rights to appeal, the court, checking compliance with the deadlines, proceeds from the evidence provided by the defendant and either recognizes the deadline as missed or decides to restore the missed deadline for appeal.

      Art. 223 Code of Civil Procedure. The court decision comes into force upon the expiration of the period for filing an appeal, if it has not been filed. If an appeal is filed, the decision, unless it is cancelled, enters into legal force after the case is considered by the appellate court.

Artem Sergeevich Ptitsyn, assistant to lawyer L.K. Tyugina, law firm of Sovetsky district NOKA

According to Art. 244 of the Code of Civil Procedure of the Russian Federation, a decision in absentia enters into legal force after the expiration of the deadline for appealing it, provided for in Art. 237 Code of Civil Procedure of the Russian Federation.

By virtue of Part 1 of Art. 237 of the Code of Civil Procedure of the Russian Federation, the defendant has the right to submit to the court that made the decision in absentia an application to cancel this court decision within seven days from the date of delivery of a copy of this decision to him.

In accordance with Part 2 of Art. 237 of the Code of Civil Procedure of the Russian Federation, a court decision in absentia can also be appealed by the parties on appeal within a month after the expiration of the deadline for the defendant to file an application to cancel this court decision, and if such an application is filed, within a month from the date of the court’s decision to refuse satisfaction of this application.

On the one hand, it is gratifying that the legislator in the Code of Civil Procedure of the Russian Federation not only does not contrast the immutability of a decision in absentia with its legal force, but also considers them in inextricable connection, connecting the possibility of a decision in absentia entering into legal force, including with the end of the period during which A decision in absentia may be overturned by the court itself that made such a decision. This rule is of extremely important practical importance, especially if the court restores the deadline for filing an application for review of a decision in absentia. In this case, the absentee decision loses not only its property of immutability, but also its actual legal force, since only a decision that has all its inherent properties can be recognized as a decision that has entered into legal force.

At the same time, the indication in Art. 237 of the Code of Civil Procedure of the Russian Federation, the fact that the period for filing an application to cancel a default judgment begins to run from the moment the defendant is served with a copy of this decision seems controversial. First of all, it is not clear why the right to file the said application arises not from the moment the default judgment is made, but only after the defendant is served with a copy of it. Meanwhile, instructions on calculating the period for appealing a decision made in the absence of the defendant in accordance with Art. 167 of the Code of Civil Procedure of the Russian Federation, only from the moment of delivery to the defendant a copy of such a decision is not contained in the current procedural law. Given such data, establishing such a feature exclusively for absentee proceedings in itself raises serious doubts.

Moreover, in judicial practice there are often situations in which it is difficult to serve the defendant with a copy of the decision. In this case, the effect of the property of immutability of a default judgment, as well as its entry into legal force, can be delayed for a significant, and sometimes for an indefinite period. A number of scientists correctly raise the question of who and how will determine the moment of delivering a copy of the default judgment to the defendant; in their opinion, depending on the order of delivery - by mail or in person - either the date the defendant received a copy of the default judgment indicated in the notification of delivery, or the defendant’s signature on the original court decision, can be recognized as such. However, both require the personal presence of the defendant, which is not always possible. The presumption of delivery to the defendant of a copy of the default judgment by virtue of the very fact of its sending by the court is not established by the civil procedural law. At the same time, the existing version of Art. 237 of the Code of Civil Procedure of the Russian Federation forces the courts to apply by analogy the provisions of Art. 119 of the Code of Civil Procedure of the Russian Federation and consider a copy of the decision in absentia served on the defendant even if it was returned by mail back to the court due to the impossibility of its delivery, including due to the expiration of the storage period. Thus, the above rule about the beginning of the period for filing an application to cancel a default judgment did not lead to real protection procedural rights defendant, but only to unjustifiably complicate proceedings in absentia.

The special significance of the provisions of Art. 237 of the Code of Civil Procedure of the Russian Federation is acquired in the event that the plaintiff also disagrees with the decision made in absentia. Not only is the defendant simultaneously provided with two independent way appealing a decision in absentia, despite the fact that the bona fide party in the case of a decision in absentia is not the defendant, but the plaintiff, who has the right to seek a review of a decision that has not entered into legal force only in one appeal procedure, so the law (Article 237 of the Code of Civil Procedure of the Russian Federation) also stipulates the plaintiff’s exercise of the right to such an appeal is dependent on the defendant’s loss of the opportunity to file an application to cancel the default judgment. Similar situation leads to a violation of the principle of equality of parties in the process (Articles 12, 38 of the Code of Civil Procedure of the Russian Federation), and also limits the right of the plaintiff to appeal a decision in absentia, which is guaranteed to him regardless of the defendant’s performance of certain actions (Article 35 of the Code of Civil Procedure of the Russian Federation).

Thus, the provisions of Art. 237 of the Code of Civil Procedure of the Russian Federation, it would be advisable to clarify by indicating that an application for review of a decision in absentia, appeals can be filed from the date of adoption of this decision, which is considered the day of announcement of its operative part, and the period for filing such an application, appeals expires one month after drawing up a reasoned decision by the court. In other words, the plaintiff and defendant must be given the right to appeal the default decision to the court of second instance immediately after its adoption. The defendant, simultaneously with filing an appeal or instead of it, has the right to file an application to cancel the default judgment. If you arrived and appeal, and an application to cancel the default judgment, then the court first considers the corresponding application of the defendant. If the decision in absentia is cancelled, then the appeal is returned to the persons who filed it, since the subject of the appeal in this case is actually absent. Otherwise, the court sends the case to the appellate court for consideration.

Summarizing the above, we can come to the conclusion that the legal regulation of the institution of absentee proceedings in the Russian civil process needs improvement. It is necessary to establish objective, unambiguous grounds and conditions for proceedings in absentia, the specific consequences of the defendant’s evasion of receiving a copy of the decision in absentia, and to define in more detail the procedure for appealing decisions in absentia. The lack of clear legal regulation of the institution of absentee proceedings in civil proceedings opens up scope for judicial discretion, which does not contribute to the unity of judicial practice and the achievement of the goals of justice.