Federal State Budgetary Educational Institution of Higher Education
“RUSSIAN STATE UNIVERSITY OF JUSTICE”
DEPARTMENT: Theories of state and law
name of the department
discipline: “Actual problems of civil law and civil process”
Option number 4
Completed: 2nd year student
group 201st, judiciary
academic degree, title, position
Date of submission of work
Task 1. …………………………………………………………………………….3- 4
Task 2. …………………………………………………………………………………5
List of references.. 6
In the preliminary hearing of the court at the request of a citizen Ignatieva R.A. about the contradiction to the law of the decision of the Head of Administration of the subject of the Federation “On measures to streamline trade in the markets of the region”, the applicant indicated that he renounces his claims, considering them unfounded, and asks to stop the proceedings. His request was supported by the representative of the Head of the regional administration. However, the judge, without terminating the proceedings on the case, considering that the preparation of the case was over, issued a ruling appointing the case for trial. The representative of the Head of Administration filed a cassation appeal against the judge’s decision, believing that the judge was obliged to terminate the proceedings in the preliminary hearing due to the refusal of Ignatiev R.A. from the statement.
Did the judge do the right thing? Can a cassation appeal against the judge’s decision be filed in this case?
Prior to the entry into force of the CAS RF, proceedings in cases of challenging decisions, actions (inaction) of state authorities, local governments, officials, state and municipal employees were regulated by Chapter 25 of the Code of Civil Procedure of the Russian Federation.
According to Art. 40. CAS RF “Going to court in order to protect the rights, freedoms and legitimate interests of other persons or an indefinite circle of persons”, in the event that bodies, organizations and citizens refuse an administrative claim filed in defense of the rights, freedoms and legitimate interests of an indefinite circle of persons, which are subjects of administrative and other public legal relations, the consideration of the administrative case on the merits continues.
Therefore, the actions of the judge are lawful, since from the meaning of Art. 40 of the CAS RF, the refusal of the applicant to submit the application does not entail the obligation of the court to terminate the proceedings on the case (including in the preliminary court session). The representative of the Head of Administration has the right to file a cassation appeal against the decision of the judge in accordance with Art. 319 CAS RF.
Mamina I.O. applied to the court with a statement in which she asked to deprive her seventeen-year-old son Savely of the right to independently manage his earnings, since he spends almost all of his scholarship playing slot machines. In a statement Mamin AND.Oh. also pointed out that Savely’s passion for the game reflects badly on his studies at college, has a negative impact on his behavior, limiting himself to manage the scholarship will help him get rid of this addiction. The judge denied the application.
Did the court do the right thing?
In accordance with paragraph 1 h. 2 Article. 26 of the Civil Code of the Russian Federation “The legal capacity of minors aged fourteen to eighteen years”, a minor citizen Savely has the right to independently manage his scholarship. However, in accordance with Part. 4. Art. 26 of the Civil Code of the Russian Federation, if there are sufficient grounds, the court at the request of Maminoy AND.Oh. may limit or deprive the minor Saveliy of the right to independently dispose of the scholarship. Consequently, the issue of depriving the minor Saveliy of the right to independently dispose of his scholarship remains at the discretion of the court. The court has the right to satisfy the petition of Maminoy AND.Oh. (if there are sufficient grounds), and refuse to satisfy it.
List of used literature
Normative legal acts
1. Civil Code of the Russian Federation (Civil Code of the Russian Federation) dated November 30, 1994 N 51-FZ (as amended on February 7, 2017) // ATP ConsultantPlus.
2. “Civil Procedure Code of the Russian Federation” dated 11/14/2002 N 138-FZ (as amended on 12/19/2016) (as amended and supplemented, entered into force on 01/01/2017) // SPS “ConsultantPlus”.
3. “Code of Administrative Procedure of the Russian Federation” dated 03/08/2015 N 21-FZ (as amended on 07/03/2016) (as amended and supplemented, entered into force on 01/01/2017) // SPS “ConsultantPlus”.
4. Federal Law “On the Procedure for Considering Appeals from Citizens of the Russian Federation” dated 02.05.2006 N 59-FZ (last edition) // SPS “ConsultantPlus”.
5. Federal Law “On the organization of the provision of state and municipal services” dated July 27, 2010 N 210-FZ (last edition) // SPS “ConsultantPlus”.
Educational and special literature.
6. Vaskovskiy E.V. Civil process course: Subjects and objects of the process, procedural relations and actions. – M.: Statute, 2016.
7. Civil law: Textbook. In 2 volumes / Ed. B.M. Gongalo. T. 1. 2nd ed. revised and additional – M .: Statute, 2017.
8. Civil Procedure: Textbook (5th edition, revised and expanded) / Ed. M.K. Treushnikov. — M.: Statute, 2014.
9. Mikryukov V.A., Mikryukova G.A. Introduction to Civil Law: Textbook for Bachelors. – M.: Statute, 2016.