Why know about the existence of a claim?
There are often situations when a person suddenly receives a decision to initiate enforcement proceedings against him.
Sometimes bailiffs come to describe the property with a full package of documents: a court decision, a writ of execution. People get confused and don’t check documents, although very often the requirements are exaggerated and penalties are increased many times over. In a word, having received unexpected news that he is the losing party, a person makes many mistakes out of confusion and loses the opportunity to protect himself and his property. To avoid finding yourself in such a situation, remember that today debt collection proceedings have been simplified; court orders are issued to creditors without notifying the debtor. It also happens that in the case there is a signed notification of receipt of a claim by someone unknown, so formally the court and the bailiffs are right.
How to find a court decision by the name of the defendant?
You should look for a decision in a criminal case in the category “ Courts of General Jurisdiction ”. For example, in the “ Justice ” system it is necessary:
- open the “Search by cases and judicial acts” tab;
- find the “Participant in the process” field;
- enter the name of the defendant;
- press the “search” button.
As a result, a list of court proceedings with decisions made will appear.
How to find out about a case
Don't panic after unexpected news. An order is easy to cancel, an illegal decision is easy to appeal. To do this, a claim must be found.
Personally
The first thing that comes to mind when thinking about how to check lawsuits by last name is to come to the magistrate or district court and ask at the office. Find out what address the sites are located at and check this information. You can immediately take a copy of the case or order.
On the Internet
Today it is easy to check a statement of claim to the court online - there are judicial databases. Based on Federal Law 262-FZ, information about the activities of courts is in the public domain. Information is available on their websites and government online systems.
The most complete information base is the official website of legal claims Justice. This is a state search system for all categories of courts of the Russian Federation. Choose a location, dates, its level - everything that you know. Write your last name on the top line. This is necessary to narrow your search. But the search process is not very conveniently organized here; it is difficult to check claims in court by full name. There are too many results if you don’t enter specific data - the judge’s name, case number, etc.
You can search in the Judicial decisions service. This is part of the Legal Information Agency portal. Its employees copy solutions published on official websites into their database. There is a very convenient search here. It is easy to check the claim in court by last name and federal district. But since this is not a government database, it may not contain all claims, and you may not find the one you are interested in.
Universal portal - SudAkt. Here the document can be found using any details. The advantages of the portal are fast search, drop-down lists. How to work:
- In the top line, select which authority interests you.
- To find out about lawsuits by last name, enter it in the “Document text” field.
- Choose region.
In a few seconds you will receive the data you are looking for.
The problem of how to view a statement of claim on the court’s website has also been implemented in the regions. To do this, simply enter the word “court” into any search engine. Most likely, your city will be first on the list. In the site menu on the left, find the “Region Courts” section and follow it. Select the jurisdiction you need: district, regional, world, etc. A drop-down list will open with the details of the sites. Follow the link, click on the “Judicial Proceedings” tab - you will see a list of cases scheduled for today’s date.
Click on “Search for information on cases” and in front of you is a file index of how to check lawsuits by last name, among other things. If you remember other details, enter them.
In the database of arbitration courts My Arbitrator, a search by last name is also implemented. Go to the “Decision Bank” or “Case File” tab. Enter the information in the “Case Participant” field. To reduce the number of results, additionally fill in other known data: judge’s name, case number, etc.
Sentence at its best
Experts know that today there are several sites on the Internet with databases of decisions of courts of general jurisdiction. For the most part, they take documents published on the official websites of the courts. So, in principle, everything is more or less reliable.
However, the most important portal is the State Automated System “Justice” database; it is official and created by judicial structures.
Let us recall that at one time it was the Supreme Court of Russia that initiated the adoption of the law, which journalists later called the law on transparency of justice. Among other things, the document introduced mandatory publication of judicial acts on the Internet.
The law was adopted back in 2008.
An excellent database of court decisions has been created in the arbitration system.
Participants in trials, lawyers, journalists, university professors, and in general everyone who is interested, appreciated its merits. Including the ability to quickly find a court decision.
Therefore, when the process of unification of the Supreme and Supreme Arbitration Courts of the country began, many were worried about the fate of this system. The fears were in vain. Now the database of courts of general jurisdiction is actively developing.
At the beginning of this year, work began on creating a common bank of judicial acts of courts of general jurisdiction.
At first, decisions of lower courts were collected in one catalogue, now the catalog has been supplemented with documents from the Supreme Court of Russia.
As before, you can find high-level decisions on the official website of the Supreme Court. But it’s easier to do this in the State Automated System “Justice” database, experts say. Recently, the Judicial Department of the Supreme Court of Russia launched a new search program for court decisions.
You can “punch through” the decision using keywords, for example, the names of the participants in the case. Let's say, a prosecutor, a lawyer, a defendant.
Developed the Information and Analytical system. As the center told RG, until now the technology on the Internet portal of the State Automated System “Justice” was focused only on searching for data using predefined fields - attributes of case cards and judicial acts, the so-called attribute search. However, there was no possibility of full-text data search.
To put it simply, to find a specific case, you had to know its card number. Needless to say, how difficult this made the search.
In addition, it was completely impossible to collect broad data and analyze trends, for example, how practice develops in cases of rape or theft. And it was completely impossible to find out whether a specific person appeared in the verdicts.
Meanwhile, the publication of judicial acts and ease of access to them is an important part of the openness of justice.
How to find court cases using an organization’s TIN
All information about a subject of economic law can be found on the Internet if its OGRN or TIN is known . Domestic legislation allows for free data verification, including the availability of court decisions, using some government portals, as well as private sites that provide access to publicly available databases.
The search option by TIN or OGRN is available on the following resources:
File of cases of Arbitration proceedings of Russia - judicial-lawyers.rf
A private website where you can search for arbitration cases from a database located on the official portal of the Arbitration Proceedings of the Russian Federation. To generate the most accurate request, you need to enter the maximum known data:
- TIN, name of the legal entity;
- court details;
- the name of the judge;
- case number.
When requesting the TIN, all bankruptcy, administrative, and civil cases that related to this company will be shown. To go to the required card containing all the detailed information, you must click on the case number.
Federal Unified Catalog - www.fek.ru
The FEC service allows, knowing the TIN, to obtain for free 42 types of data about a legal entity, including the Unified State Register of Legal Entities, the Federal Tax Service, the FSSP, accounting reports and other registers. And the main thing is to get brief information about the judicial and arbitration cases that are being conducted in relation to the subject of economic law. The database contains information about 5 million companies registered in the Russian Federation.
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To complete the request, just enter the Taxpayer Identification Number (TIN) in the field on the main page.
Unified business monitoring center - www.cmb.online
“Unified Business Monitoring Center” is a resource that provides services for verifying counterparties by TIN . The service provides comprehensive information about legal entities. persons, allowing you to check your business reputation and identify shell companies. The site operates within the framework of Russian legislation and guarantees the relevance and reliability of the data.
To check the counterparty, just enter the TIN number. The result appears on the screen instantly. The absence of data on the request indicates that the code is fake. Registration is required to receive information.
In what situations can the trial proceed without you?
In some situations, it is possible to consider a case without the personal presence of one of the parties. If this is a civil process, then the procedure for holding such a meeting is described in Art. 233 Code of Civil Procedure of the Russian Federation. Thus, in a case where the defendant was notified of the date, time, and place of the hearing of the case, but could not or did not want to be present in court, and did not inform in advance about the presence of a valid reason, the case may be considered in absentia proceedings.
According to Art. 237 of the Code of Civil Procedure of the Russian Federation, the defendant retains the right to file an application to cancel the decision within 7 days from the date of receipt of a copy of the verdict. The petition must indicate valid reasons that prevented the defendant from notifying the judge of a possible failure to appear.
In the case of criminal proceedings, the hearing can take place without the participation of the defendant only in two situations described in clauses 4.5 of Art. 247 Code of Criminal Procedure of the Russian Federation:
- for crimes classified as light or medium gravity, if there is a request from the defendant to conduct the trial in his absence;
- in cases of serious, especially serious offenses, if the defendant is outside the Russian Federation, is hiding from appearing in court, or is brought to justice in this case in the territory of another country. In this case, the presence of a defense attorney is required to defend the interests of the accused citizen.
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How to find a court decision by case number
The easiest and fastest way to find a court decision is to enter the case number. This is a unique identifier that allows you to exclude unnecessary court decisions that will appear when searching using other parameters. In particular, this service is provided by:
Archive of court decisions - www.sudrf.kodeks.ru/rospravo
The service has a simple interface, and search results will appear within a few seconds after sending the request. To use the site, just enter the arbitration case number in the search form and click the “Find” button. To view the decision in the results, just click on the case number.
The results of some cases cannot be found on the Internet
Domestic legislation identifies a number of legal proceedings, the decisions of which cannot be found in the public domain. Cases fall into these categories:
- the consideration of which took place behind closed doors;
- affecting national security;
- on the appointment of guardians;
- regarding forced hospitalization;
- associated with changes in civil status acts.
A complete list of categories of cases whose verdicts are not subject to public disclosure is contained in paragraph 4. Article 15 262-FZ dated December 22, 2008.
Only the parties to the process have the right to become familiar with the decision in such proceedings. To obtain a copy, you must submit a written request to the secretariat of the court where the case was heard.
