It is really difficult for an unprepared person to draw up an administrative claim, which is why many choose our legal assistance on this issue.
All rules for registration and preparation are described in the section of the CAS of the Russian Federation: administrative statement of claim. Our lawyers are ready to draw up a statement of claim for you at a reasonable price and on time.
Registration and submission of an administrative claim
In order to complete an application for administrative cases without errors, you need to know what exactly it should contain. The text of the document itself must provide the following information:
- the name of the body to which the administrative claim is filed;
- contact and personal information of the plaintiff;
- contact and personal information of the defendant;
- information about what administrative violation was committed against the plaintiff;
- the applicant's claims against the defendant with their full arguments;
- contents of the amount of the state duty to the court, as well as the attachment of the receipt in the original;
- list of documents provided by the CAS for an administrative claim.
Please note that, if desired, the applicant can choose a representative to conduct the case on his behalf; the representative can also write an administrative application at the request of the Principal. In such a situation, the statement of administrative responsibility must also contain all the information about the legal representative. Very often, before filing a claim in court, it is necessary to draw up a claim; our lawyers are also ready to help you draw up this procedural document.
Please note that the sample administrative claim will depend on who you plan to file it against. In such cases, actions of authorities, officials or bailiffs can be appealed. Each individual case will have its own sample of an administrative claim statement, which is why we do not recommend that you use forms presented on the Internet and not selected for your problem. Our lawyer knows from his practice the procedure for filing a statement of claim, and will also approach its preparation individually at your request.
Acceptance of an administrative claim
Before submitting documents, carefully check the correctness of the application to the administrative court. Pay special attention to the list of attached documents. After all, the decision on the administrative claim will depend on their quality and quantity. Let us remind you once again that incorrectly completed documentation often goes unnoticed. If it does go to court, then most likely the results of the trial will not please the plaintiff.
Collective administrative claim
Citizens can file a class action lawsuit in court in the following cases:
- The group of citizens is so large that it will be difficult to consider administrative claims of individuals individually
- The demands of a group of citizens are presented to one administrative defendant.
- All group members use the same method of protecting rights.
Other grounds
The remaining reasons why an employee may go on forced leave are defined in Article 128 of the Labor Code in a similar way - as “family circumstances and other valid reasons.” There is no complete list of them in the law. And it is not said what specific grounds can or cannot be considered valid. Therefore, the final decision on this issue is up to the employer.
In situations not specified by the Labor Code, the maximum period of administrative leave at the initiative of the employee is not limited by legal norms in any way. Therefore, the employee and the employer agree on this issue among themselves.
It is better when the possible timing of such leave and the grounds for receiving it are specified in the collective agreement.
Grounds for administrative claim
The basis for an administrative claim may be facts arising from the interaction between a citizen and authorities. Such interaction, which occurs during the exercise of government powers by state and municipal bodies, is called public legal relations. Public legal relations are understood as relations in which a subject of public authority is necessarily a party.
Thus, if the events that are the basis for the claims took place in the course of relations with state and municipal bodies and in the exercise of their powers, the plaintiff’s demands must be set out in an administrative claim. In addition, requirements for organizations vested with government powers, the Central Bank of the Russian Federation and state extra-budgetary funds must be formalized in an administrative claim.
Requirements may be made against the above entities on the following grounds:
- Adoption by authorities of a generally binding act that violates the rights of citizens
- Actions of officials, authorities, organizations with public functions that violate the rights of citizens
- The need to restrain officials and authorities from committing certain actions
- The need to establish the sufficiency of the powers of officials, government bodies for
- to solve a specific issue.
- The need to protect the right to vote and the right to participate in a referendum
- The need to receive compensation for the violated right to consideration and resolution of cases by courts within a reasonable time
Vacation at your own expense at the initiative of the employer
The company does not have the right to send an employee on forced leave without the latter’s consent. In this case, the employee can file a corresponding complaint with the labor inspectorate.
If the fact of violation of labor legislation is proven, the employer may be held accountable under Part 1 of Article 5.27 of the Code of the Russian Federation on Administrative Offenses. An official of the company and an individual entrepreneur will pay to the budget from 1,000 to 5,000 rubles, and the employing organization will pay from 30,000 to 50,000 rubles.
To which court is an administrative claim filed?
Administrative cases initiated on the basis of a statement of claim are authorized to consider and resolve: the Supreme Court of the Russian Federation, courts of general jurisdiction, magistrates.
If the requirements of an administrative claim consist of challenging a normative legal act issued by state authorities of a constituent entity of the Russian Federation, it is filed with the court of a constituent entity of the Russian Federation. The courts of the constituent entities of the Russian Federation also consider claims whose content is to challenge the decisions of the election commissions of the constituent entities of the Russian Federation.
If the plaintiff makes a claim for compensation for violation of the right to have a court case resolved within a reasonable time by a magistrate or district court, then the claim should be filed in the court of the subject.
If the plaintiff needs to appeal the cadastral value of real estate, his administrative claim must be filed with the court of a constituent entity of the Russian Federation.
Challenging regulatory legal acts issued by senior officials and government bodies of the Russian Federation, an administrative case will be considered by the Supreme Court of the Russian Federation. The same rule applies to requirements to challenge acts of the Central Bank of the Russian Federation and acts of extra-budgetary funds (PFR, FFOMS).
If it is necessary to challenge an act of a local government body, an administrative claim should be filed with the district court at the location of the local government body. The same rule applies to appealing acts and decisions of state and municipal authorities and their officials.
The Code of Administrative Proceedings also contains rules that allow an administrative plaintiff to choose to file a claim at his place of residence if he needs to appeal against the actions (inaction) of officials of state and municipal government bodies.
Leave for certain categories of workers
Certain categories of employees also have the right to receive administrative leave. They must have a certain status. In this case, the employer is obliged to consider and approve the vacation application of a subordinate who belongs to the appropriate category (see table).
Keep in mind: these categories of workers can be released at their own expense only once a year. At the same time, the employee, at his own discretion, can take administrative leave in parts, as well as use it annually.
Deadline for filing an administrative claim
The period for submitting claims of an administrative plaintiff for consideration by the court is three months.
The period for filing an administrative claim is three months. This period is subject to calculation from the moment when the citizen learned of the violation of his rights. Such a moment may be proper notification of a citizen about the application of an administrative measure to him, or the date of the actual application of such measures without proper notification.
The period for filing a complaint with the court against the actions (inaction) of the bailiff is 10 days. This period is also calculated from the moment when it became known about the violation of the law by the bailiff.
It must be taken into account that a citizen’s failure to comply with the deadline established by law for filing a civil claim cannot be the reason for the court’s refusal to accept the claim. The reasons for missing the deadline are considered in court. If they are respectful, the period is restored.
Procedure for considering an administrative claim
Consideration of an administrative claim occurs during judicial proceedings, which begins after the filing of an administrative claim, its acceptance for proceedings and the preparation of the case for trial. During the oral trial, the parties have the opportunity to explain their position, examine evidence, and take other measures to prove their position.
A special feature is the possibility of applying preliminary protection measures in an administrative claim. Such measures are taken by the court at the request of the administrative plaintiff, based on the principles of compliance of measures with administrative requirements and the need to apply such measures.
The court's decision to satisfy the demands of the administrative plaintiff or to refuse to satisfy such demands is made immediately after consideration. In complex administrative cases, the operative part of the court decision may be announced, containing a decision to satisfy the demands of the administrative plaintiff or to refuse to satisfy such demands. Drawing up a reasoning court decision may be postponed for a period of 5 days.
Application for leave at your own expense: sample 2018
Below is a sample application for administrative leave. Please note that current regulations do not provide for its mandatory or recommended form. Therefore, the employee has the right to draw it up in free written form. There are no strict requirements or restrictions from a legal point of view. The most important thing is that the employee must clearly and correctly indicate the reasons why he is asking to go on unpaid leave.
Example
Refusal to accept an administrative claim
The judge may decide to refuse to accept the administrative claim for proceedings.
The reasons may be:
- The statement of claim is not subject to consideration in administrative proceedings
- The regulatory act that is challenged by the administrative claim does not violate or affect the rights of the plaintiff.
- There is a court decision that has entered into force on an administrative claim on the same subject and on the same grounds
IMPORTANT : a complaint may be filed against a determination to refuse to accept an administrative claim.
Administrative leave for family matters
According to Article 128 of the Labor Code of the Russian Federation, there are three clearly valid reasons, the presence of which cannot be denied forced leave. These are the following facts of family life:
- a child has been born or will be born;
- the marriage is to be registered with the civil registry office;
- a close relative died.
In this case, the birth of a child is a valid reason, primarily for males. The fact is that mothers receive maternity leave after childbirth. They are entitled to it by virtue of Article 255 of the Labor Code. Although a woman has the right to refuse him. This happens, but not often.
In the listed cases, the duration of rest, by agreement with management, can be a maximum of five calendar days.
