Letters of Judges and Bodies of the Judiciary and an Inspection Item in the Course of Civil or Administrative Proceedings

The procedures for citizens to challenge the decisions, action (inaction) of state bodies and officials are widespread in Russian procedural law. Notwithstanding the clear, at first glance, regulation of objects of verification and list of persons, whose decisions, action (inaction) can be appealed in court, in practice there're still controversial cases when citizens and organizations try to protest the letters from judges containing answers on procedural and non-procedural issues arising during the resolution of the case on the merits. Particularly it's about determining the legal nature of letters from judges on the return of statements of claim, on the termination of correspondence with the party; letters sent by court staff (consultants, etc.); letters from bodies of the judicial community. In order to qualify the letters from judges that are not issued as a court ruling the author offers to determine signs of judicial rulings in them. As for letters sent by court staff and bodies of the judicial community the author, based the object and subject criteria, concludes that it is unacceptable to appeal such documents in civil or administrative proceedings.

Authors

Publication Details

Journal
Arbitrazh-civil procedure
Published
2024-08-15
DOI
https://doi.org/10.18572/1812-383x-2024-9-14-18
Primary Topic
Dispute Resolution and Class Actions
Type
article
Field-Weighted Citation Impact
0.00
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article

Letters of Judges and Bodies of the Judiciary and an Inspection Item in the Course of Civil or Administrative Proceedings

Margarita S. Pavlova
Arbitrazh-civil procedure
Dispute Resolution and Class Actions
article

Letters of Judges and Bodies of the Judiciary and an Inspection Item in the Course of Civil or Administrative Proceedings

Margarita S. Pavlova
article en

Abstract

The procedures for citizens to challenge the decisions, action (inaction) of state bodies and officials are widespread in Russian procedural law. Notwithstanding the clear, at first glance, regulation of objects of verification and list of persons, whose decisions, action (inaction) can be appealed in court, in practice there're still controversial cases when citizens and organizations try to protest the letters from judges containing answers on procedural and non-procedural issues arising during the resolution of the case on the merits. Particularly it's about determining the legal nature of letters from judges on the return of statements of claim, on the termination of correspondence with the party; letters sent by court staff (consultants, etc.); letters from bodies of the judicial community. In order to qualify the letters from judges that are not issued as a court ruling the author offers to determine signs of judicial rulings in them. As for letters sent by court staff and bodies of the judicial community the author, based the object and subject criteria, concludes that it is unacceptable to appeal such documents in civil or administrative proceedings.

Arbitrazh-civil procedure
Openalex Percentile: Top 72%
Dispute Resolution and Class Actions
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Letters of Judges and Bodies of the Judiciary and an Inspection Item in the Course of Civil or Administrative Proceedings — Margarita S. Pavlova · Arbitrazh-civil procedure (2024) | TGRS Research Map | TGRS