These persons also receive copies of the determination. The procedure for making, processing and issuing copies of judicial acts and other procedural documents

The procedure for making, registering and issuing copies of judicial acts and other procedural documents, approved by 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 can be submitted to the arbitration court by a person participating in the case in writing (by courier, by mail), as well as through the electronic document submission service “My Arbitr”.

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

citizen's passports Russian Federation or a general 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 identification 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 certifying the identity of a stateless person;

temporary residence permits;

residence permit;

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

Arbitration managers present a duly certified copy of the judicial act on the appointment of the arbitration manager and an identification document.

1.5. Copies of judicial acts adopted by higher courts based on the results of the review 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 in the case (including judicial acts establishing the claims of creditors in bankruptcy cases) may be certified with an official seal.

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 the instructions 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 during the 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 Office Work” software package (hereinafter referred to as the “SAD” PC) or the “Card Index of Arbitration Cases” information system.

Printing the text of a judicial act is allowed on either one or both sides of the sheet.

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

Copies of judicial acts that do not require certification with an official seal can be stapled. The place of fastening is sealed with a paper sticker and sealed with the seal of the judicial staff (structural unit). Copies of these judicial acts are certified by the secretary of the court session (assistant to the judge).

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

2.3. Entry mark legal force is not indicated on copies of judicial acts.

2.4. Copies of judicial acts issued in court hearing, are issued by the secretary of the court session (assistant judge) immediately after the end of the court session against signature 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 in the case under consideration (ruling on the adoption statement of claim(application) for proceedings, a ruling to initiate proceedings in a case, a ruling to satisfy a motion to join a case, a ruling to involve as a third party), then the court may send this person copies of judicial acts by registered mail without notice.

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

2.6. A 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) reports 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 accordance with the general procedure.

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

copies of rulings on the introduction of surveillance 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 recognizing 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 are sent to persons who are entrusted with the obligations of the arbitration court 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 real estate and cancellation of the corresponding entry by the registrar, are subject to a three-day period mandatory referral to the body carrying out state registration of rights to real estate;

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

If the operative part of the decision of the arbitration court to recognize a contested non-normative act (in whole or in part) as invalid, decisions and actions (inaction) of bodies exercising public powers, officials, inconsistent with the law or other normative legal act, contains an indication of the need to inform the court to the appropriate 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 covering letter upon sending a copy of the decision, signed by the presiding officer in the case, indicates the need to provide such information. Information on the execution of a judicial act is filed by the secretary of the court session (assistant judge) in the case materials.

3. Repeated issuance of copies of judicial acts

3.1. Repeated issuance of copies of judicial acts is carried out by a specialist from the records management department on the basis of an application (petition) of a 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 a person participating in the case for the re-issuance of copies of judicial acts is subject to registration in PC "SAD".

... 3.2. As a rule, only one repeated copy of the judicial act, certified by the court, is made again. At the motivated request of a 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 an official seal, placed in PC "SAD", can be issued against signature by a specialist in the office management department directly on the day of filing the corresponding application (petition).

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

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

In the absence of a request to issue a copy of the judicial act directly directly to the court, copies of the judicial act are sent by registered mail without notice to the registry 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 a person participating in the case, on the basis of the judge’s resolution, the secretary of the court session (assistant to the judge) may 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 procedure, the court issues a certified copy of the operative part of the judicial act on the introduction of the procedure applied in the bankruptcy case, the approval of the arbitration manager, or the removal or release of the arbitration manager from performing the duties assigned to him, the extension of the period of bankruptcy proceedings or inclusion in the register. A copy of the operative part of a judicial act can be issued only if judicial act not fully manufactured.

4.2. A copy of the audio recording of the court session is issued upon the application of a person participating in the case, on a tangible medium presented by the applicant. An optical disk or other material storage medium, the technical ability of which is available for recording in court, must not contain any information.

The production of copies of an audio recording of a court session on a tangible medium is carried out by the secretary of the court session (assistant judge) independently or on the basis of his written request by a specialist from the department of information, technical support and communications.

4.3. The 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 signature.

5. Registration and issuance of copies of judicial acts

5.1. To enforce judicial acts of recognition (if the court satisfies an application to recognize the applicant’s rights, to recognize a transaction as invalid, to recognize a non-normative act, decision, action (inaction) as invalid), in which the defendant is not sentenced to commit any actions, issuance writ of execution not provided. In this case, at the request of the claimant, the court issues copies of judicial acts.

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

The marks “Copy” and “Copy are correct” are not affixed to copies of judicial acts.

5.3. Compulsory execution of a judicial act of an arbitration court in a case of bringing to administrative liability is carried out on the basis of this judicial act, one copy of which is prepared and sent (presented) to the bailiff.

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

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

- Persons participating in the case, but not present at the court hearing, - 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 directly obliges the court to do this even without a petition from a party to the case.

At the request of citizens or with their consent, if there is technical possibility in court, copies of the court decision are sent by posting them on the official website of the court on the Internet information and telecommunications network in the section to which access 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 on administrative matters are handed over against receipt to the persons participating in the case, their representatives or sent to them no later than three days after the day the court decision is made in final form, unless otherwise provided by the CAS RF. In cases and terms that are provided for by the CAS of the Russian Federation, copies of the court decision are sent to other persons (Article 182 of the CAS). Etc. further in the text.

10.13. The minutes of the court session are prepared by the secretary of the court session and can be written by hand, typed or on a computer. In this case, 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 date of 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 performed, 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 or other participants in criminal proceedings to familiarize themselves with the minutes of the court session, the opportunity to familiarize themselves must be provided within 3 days from the date of receipt of the request. A copy of the protocol is made at the written request of the participant in the trial and at his expense.

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

clause 7.6 Order of the Judicial Department when Supreme Court RF dated April 29, 2003 N 36
(edited on February 18, 2016)
"On approval of the Instructions on judicial records management in the district court"

7.6. Persons participating in civil case but not present at the court hearing, copies of the court decision are sent no later than five days from the date the decision is made in final form. (as amended by the Order of the Judicial Department at the Supreme Court of the Russian Federation dated 02/18/2016 N 33)

In cases provided for by federal law, copies of a court decision after it enters into legal force are sent to other persons. Upon application, the victim has the right to receive copies of other procedural documents affecting his interests. (paragraph introduced by Order of the Judicial Department at the Supreme Court of the Russian Federation dated 04/09/2015 N 95)

In other cases, copies of decisions, rulings and orders 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, Attached to the supervisory complaint or presentation certified by the relevant 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 with the seal of the court of appeal (including the Moscow City Court), and not of any district court.

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

The evasion of the court of appeal (including the Moscow City Court) from issuing copies of court decisions certified by the Moscow City Court prevents further appeals of court decisions adopted by the Moscow City Court. However, it was a good idea, probably, in this way they will “improve” the statistics on the number of court decisions that have “stood” in a higher authority, as long as you run all over Moscow for copies of court decisions, 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 authorities, up to missing deadlines, which will then need to be restored , losing time, energy and finances.

Moreover, a copy court order appellate instance of the Moscow City Court, certified by an inappropriate (i.e., other than the Moscow City Court) court, does not meet the above requirements and can lead to unfavorable consequences for the party - return on a formal basis, and then the same Moscow City Court will pretend that “no one created obstacles for the party to obtain properly certified copies in the Moscow City Court.

Not to mention the fact that when serving cassation appeal, the party has the right to petition to suspend the execution of the appealed court decision, and sometimes the count is literally days, so running for a copy of the court decision of the appellate court for weeks and months is an “unaffordable luxury.”

Although h part of the first article 214 The Code of Civil Procedure of the Russian Federation provides the court's duty is not later than five days from the date of the decision (appeal ruling) of the court, send a copy of the decision in final form to the persons participating in the case, but who were not present at the court hearing.

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