These persons also receive copies of the ruling. The procedure for the production, execution and issuance of copies of judicial acts and other procedural documents

The procedure for the production, execution and issuance of copies of judicial acts and other procedural documents, approved by the order of the Arbitration Court of the Rostov Region dated December 30, 2014 No. 176

extraction

… 1.3. An application (petition) for the issuance of a copy of a judicial act or other procedural document may be submitted to the arbitration court by a person participating in the case in writing (by courier, by mail), as well as through the My Arbiter electronic filing service.

1.4. Copies of judicial acts and other procedural documents are issued to the person participating in the case, or his representative in the presence of a document confirming his authority and an identity document:

citizen's passports Russian Federation or a general civil foreign passport - for citizens of the Russian Federation;

passport of a foreign citizen or other document established federal law or recognized in accordance with an international treaty of the Russian Federation as an identity document - for foreign citizens;

a document issued by a foreign state and recognized in accordance with an international treaty of the Russian Federation as a document proving the identity of a stateless person;

temporary residence permits;

residence permit;

other document provided for by federal law or recognized in accordance with an international treaty of the Russian Federation as an identity document - for stateless persons.

The arbitration managers present a duly certified copy of the judicial act on the appointment to the position of the arbitration manager and an identity document.

1.5. Copies of judicial acts adopted by higher courts based on the results of the revision of judicial acts of the Arbitration Court of the Rostov Region are made, certified and issued by the Arbitration Court of the Rostov Region.

1.6. Copies of individual procedural documents, the list of which is approved by the chairman arbitration court, are certified by the official seal.

At the request of the persons participating in the case, copies of judicial acts that end the proceedings on the case (including judicial acts on the establishment of creditors' claims in bankruptcy cases) may be certified with a stamp.

1.7. Persons not participating in the case, when applying for the issuance of copies of judicial acts and other procedural documents from the case materials, are sent a reasoned response explaining the reasons for the refusal to provide the requested documents, which, on behalf of the chairman of the arbitration court, is signed by the head of the records management department.

2. Registration, certification and issuance of copies of judicial acts in the course of proceedings

2.1. Copies of judicial acts are made by photocopying a judicial act signed by a judge or by printing the text of a judicial act from the Judicial Arbitration Paperwork software package (hereinafter referred to as PC SAD) or the Arbitration Cases Card file information system.

Printing of the text of the judicial act is allowed both on one and on two sides of the sheet.

2.2. Copies of judicial acts that require certification with an official seal are sewn on two punctures with a strong thread, the ends of which are brought out to reverse side of the last sheet of the copy, are sealed with a paper sticker and sealed with the seal of the judicial staff (structural unit). The said copies shall be certified by the signature of the judge in whose proceedings the case is (was) and of the secretary of the court session (assistant of the judge). In the absence of a judge, such documents are certified by a judge by interchangeability or by the chairman of the judicial composition, which includes (was) a judge.

Copies of judicial acts that do not require certification with a stamp can be stapled. The place of bonding is sealed with a paper sticker and sealed with the seal of the judicial composition (structural unit). Copies of these judicial acts shall be certified by the secretary of the court session (assistant judge).

The first page of the copy of the document is stamped "Copy". On the last page of the text, the stamp “Copy is correct” is affixed with all the details filled in. The stamp "Copy is correct" can be affixed both by the stamping method and applied by the hardware method, including automatically when printing.

2.3. Entry mark legal effect on copies of judicial acts is not affixed.

2.4. Copies of judgments issued in court session, are issued by the secretary of the court session (assistant judge) immediately after the end of the court session against receipt to the persons participating in the case (Appendix No. 3) or sent within the time limits established by the Arbitration Procedure Code of the Russian Federation, by registered mail with notification.

If in court case there is evidence that the persons participating in the case, other participants in the arbitration process received a copy of the first judicial act on the case under consideration (determination on acceptance statement of claim(application) for proceedings, a ruling to initiate proceedings in a case, a ruling to satisfy a petition to intervene in a case, a ruling to involve him as a third party), then the court may send copies of judicial acts to this person by registered mail without notification.

To individuals participating in the case, or being other participants in the arbitration process, including those with the status of an individual entrepreneur, copies of judicial acts are sent by registered mail only with a return receipt.

2.6. The person participating in the case has the right to apply for a copy of the judicial act directly in court. The application may be submitted orally or in writing. In this case, the secretary of the court session (assistant judge) informs the date and time when the person participating in the case can receive a copy of the judicial act.

Copies of judicial acts not received at the appointed time are sent in the general manner.

2.7. In addition to the persons participating in the case, copies of judicial acts are sent without fail to other persons in the cases provided for by law:

copies of rulings on the introduction of supervision are sent by the arbitration court to credit organizations with which the debtor has a bank account agreement, as well as to the court general jurisdiction, the chief bailiff at the location of the debtor and its branches and representative offices, to the authorized bodies (part 2 of article 63 of the Federal Law "On insolvency (bankruptcy)");

copies of decisions on the recognition of individual entrepreneurs and peasant (farm) farms as insolvent (bankrupt) are sent to the body that registered the citizen as an individual entrepreneur (part 3 of article 216, part 2 of article 223 of the Federal Law "On insolvency (bankruptcy)");

copies of rulings on securing a claim shall be sent to persons on whom the arbitration court has imposed the obligation to execute interim measures, and also, depending on the type of measures taken in government bodies implementing state registration property or rights to it (part 6 of article 93 of the Arbitration Procedure Code of the Russian Federation);

copies of judicial acts that have entered into legal force, which are an independent basis for state registration of rights to immovable property and redemption by the registrar of the corresponding entry, are subject within three days mandatory referral to the body that carries out state registration of rights to real estate;

copies of decisions of the arbitral tribunal in cases of challenging
non-normative legal acts, decisions and actions (inaction) of bodies,
exercising public powers, officials in
five days from the date of its adoption are sent to the applicant, to the bodies exercising public powers, to the officials who adopted the disputed act, decision or committed the disputed actions (inaction), as well as to a higher authority in the order of subordination or a person higher in the order of subordination, the prosecutor, other interested parties.

If the operative part of the decision of the arbitration court on recognizing the disputed non-normative act (in whole or in part) as invalid, decisions and actions (inaction) of the bodies exercising public powers, officials that do not comply with the law or other regulatory legal act, contains an indication of the need to inform the court of the relevant body or person on the execution of a court decision (part 6 of article 201 of the Arbitration Procedure Code of the Russian Federation), then the cover letter for sending a copy of the decision, signed by the presiding judge in the case, indicates the need to provide such information. Information about the execution of a judicial act is filed by the secretary of the court session (assistant judge) into the case file.

3. Reissuance of copies of judicial acts

3.1. Re-issuance of copies of judicial acts is carried out by a specialist of the clerical department on the basis of an application (petition) of the person participating in the case and a document confirming the authority of the person who applied to the court with the corresponding application.

The application (petition) of the person participating in the case for the repeated issuance of copies of judicial acts is subject to registration in the PC "SAD".

… 3.2. As a rule, only one repeated copy of the judicial act, certified by the court, is re-made. At the reasoned petition of the person participating in the case, another required number of copies of the judicial act may be made.

3.3. Copies of judicial acts that do not require certification with a official seal, placed in the PC "SAD", can be issued against receipt by a specialist in the records management department immediately on the day the relevant application (petition) is filed.

3.4. Copies of judicial acts that are not posted in the PC "SAD", as well as requiring certification with a stamp, are issued by a specialist in the records management department within five working days.

The date of issue, if possible, is agreed with the person who submitted the application (petition).

In the absence of a request to issue a copy of the judicial act on purpose directly in court, copies of the judicial act are sent by registered mail without notification to the register in the F-103 format. A cover letter is not required.

4. Issuance of a copy of the protocol (audio recording) of the court session, the operative part of the judicial act

4.1. At the written request of the person participating in the case, on the basis of the resolution of the judge, the secretary of the court session (assistant of the judge) can make and issue a copy of the minutes of the court session, which is certified in the manner established for certifying copies of judicial acts.

In the same manner, the court issues a certified copy of the operative part of the judicial act on the introduction of the procedure used in a bankruptcy case, the approval of an arbitration manager or the removal or release of an arbitration manager from the performance of duties assigned to him, the extension of the term for bankruptcy proceedings or inclusion in the register. A copy of the operative part of a judicial act may be issued only if judicial act not completed in full.

4.2. A copy of the audio recording of the court session is issued at the request of the person participating in the case, on a tangible medium provided by the applicant. An optical disc or other tangible information carrier, the technical possibility of recording on which is available in court, must not contain any information.

The production of copies of the audio recording of the court session on a material carrier is carried out by the secretary of the court session (assistant judge) independently or on the basis of his written application by a specialist of the department of informatization, technical support and communication.

4.3. Issuance of a copy of the protocol (audio recording) of the court session is carried out by the secretary of the court session (assistant judge) to the applicant against receipt.

5. Registration and issuance of copies of judicial acts

5.1. For the enforcement of judicial acts on recognition (if the court satisfies the application for recognition of the applicant’s right, for the recognition of the transaction as invalid, for the recognition of a non-normative act, decision, action (inaction) as invalid), in which the defendant is not ordered to commit any actions, extradition writ of execution not provided. In this case, at the request of the exactor, the court issues copies of judicial acts.

5.2. Additional copies of judicial acts made are stitched with a strong thread for two punctures, the place of stitching is sealed with a paper sticker, signed by the judge, certified by the official seal of the court, at the end of the text there is a mark on the entry into force of the judicial act.

Marks "Copy" and "Copy is correct" on copies of judicial acts are not affixed.

5.3. Enforcement of the judicial act of the arbitration court in the case of bringing to administrative responsibility is carried out on the basis of this judicial act, one copy of which is made and sent (presented) to the bailiff.

5.4. If for one offense the court has imposed two penalties - in the form of an administrative fine and confiscation, in addition to a copy of the judicial act, which is filed in the case file, two copies of it are made and sent (presented) to the bailiff-performer, on which a mark is placed about the part in which each of them is subject to execution: “is subject to execution in terms of collecting the amount of an administrative fine” or “is subject to execution in terms of confiscation of a thing that was an instrument of committing or the subject of an administrative offense”.

5.5. If, after thirty days from the date of entry into force of court decisions on bringing to administrative responsibility and imposing a penalty in the form of an administrative fine, or from the date of expiration of the period of deferment (installment plan) for the execution of this judicial act, the court does not have information about the payment of an administrative fine voluntarily, named a judicial act with a note that the court does not have the specified information is sent to collect a fine and draw up a protocol on an administrative offense to the bailiff.

- Persons participating in the case, but not present at the court session, - citizens (personally and/or represented by their representatives) copies of the decision sent on paper no later than five days from the date of the court decision (respectively, the appeal ruling) in final form.

At the same time, it should be noted that this norm expressly obliges the court to do so even without the petition of a party in the case.

At the request of citizens or with their consent, if there is a technical possibility in the court, copies of the court decision are sent by posting them on the official website of the court in the information and telecommunication network "Internet" in the section, access to which is provided to the parties and other participants in the process (hereinafter also - in the mode restricted access).

which is also reflected in

Copies of the court decision administrative affairs handed over against receipt to the persons participating in the case, their representatives or sent to them no later than three days after the date of the final court decision, unless otherwise provided by the CAS RF. In the cases and terms provided for by the CAS of the Russian Federation, copies of the court decision are also sent to other persons (Article 182 of the CAS). Etc. further in the text.

10.13. The protocol of the court session is prepared by the secretary of the court session and can be written by hand, typed on a typewriter or on a computer. At the same time, the content of the protocol must comply with the requirements of Art. 259 Code of Criminal Procedure of the Russian Federation, Art. 229 Code of Civil Procedure of the Russian Federation, art. 205 CAS RF. The protocol must be prepared within 3 days from the end of the court session, and the protocol of a separate procedural action in civil cases - no later than the next day after the day it was committed, in administrative cases - no later than the next working day after the day this action was performed.

If there is a written request from the parties, other participants in the criminal proceedings for familiarization with the minutes of the court session, the possibility of familiarization must be provided within 3 days from the date of receipt of the petition. A copy of the protocol is made at the written request of the participant in the trial and at his expense.

On the question “at his expense” - somewhere there were explanations that, due to the fact that the state duty was not established, they are made free of charge, but you can submit a corresponding request for the amount and details of payment of the state duty, for sure, if there is, it is inexpensive, but information about this should be posted on the website of the courts.

7.6 Order of the Judicial Department under Supreme Court RF dated April 29, 2003 N 36
(as amended on February 18, 2016)
"On the approval of the Instructions on judicial proceedings in the district court

7.6. Persons participating in civil case, but not present at the court session, copies of the court decision shall be sent no later than five days from the date of the decision in the final form. (as amended by the Order of the Judicial Department at the Supreme Court of the Russian Federation dated 18.02.2016 N 33)

In cases stipulated by federal law, copies of the court decision after its entry into force shall be sent to other persons. The victim, upon request, has the right to receive copies of other procedural documents affecting his interests. (the paragraph was introduced by the Order of the Judicial Department at the Supreme Court of the Russian Federation of 04/09/2015 N 95)

In other cases, copies of decisions, rulings and rulings of the court (judge) are issued to the parties only at their request.

In accordance with Part 5 of Art. 378 Code of Civil Procedure of the Russian Federation, Attached to the cassation appeal, presentation

In accordance with Part 4 of Art. 391.3, Supervisory complaint, submission shall be accompanied by certified by the appropriate court copies of court decisions adopted in the case.

From which it clearly follows that copiesjudicial acts of lower courts must be certified by the seal of the court that issued this decision or ruling, namely: a copy of the appeal ruling must be certified precisely by the seal of the court of appeal (including the Moscow City Court), and not by any district court.

1) supervisory complaint, submission do not meet the requirements provided for by paragraphs 1 - and 7 of the first part, parts three - six of Article 391.3 of this Code.

The evasion of the court of appeal (including the Moscow City Court) from issuing a copy of court decisions certified by the Moscow City Court prevents further appeals against court decisions adopted by the Moscow City Court. However, it’s a good idea, probably, in this way they “improve” the statistics on the number of court decisions that “stood” in a higher instance, as long as you only run around Moscow for copies of court decisions, then you will lose the desire or there will be no time to appeal))).

And red tape in district courts when issuing copies of court decisions of the court of first instance with a mark of entry into force, as well as copies of court decisions of the Moscow City Court - creates obstacles for further prompt appeal of court decisions to higher instances, up to missing deadlines, which then will need to be restored wasting time, effort and money.

Moreover, a copy court order of the Moscow City Court of Appeal, certified by a court that does not correspond (i.e., other than the Moscow City Court), does not meet the above requirements and can lead to adverse consequences for the party - a return on a formal basis, and then, after all, the same Moscow City Court will pretend that "no one obstructed” the party to obtain properly certified copies in the Moscow City Court.

Not to mention that when submitting cassation complaint, the party has the right to petition for the suspension of the execution of the contested court order, and sometimes the bill goes literally for days, so running for a copy of the court order of the court of appeal for weeks and months is an “unaffordable luxury”.

Although h part one of article 214 Code of Civil Procedure of the Russian Federation provides duty of the court later than five days from the date of adoption of the decision (appellate ruling) of the court in the final form, send a copy of the decision to the persons participating in the case, but not present at the court session.

Approximate actions are set out separately here https://site/discussion/2017/3/19/poluchenie_kopij_apellyacionnyh_opredelenij_i_protokolov_v_mosgorsude_chast__2_-_praktika