Application to reverse the execution of a court decision (sample)

In what cases do they write

The current legislation provides for a procedure for appealing court decisions that have entered into force. In this case, sometimes a situation arises where it is actually executed, and subsequently loses its legal force. The judicial authority is obliged, on its own initiative or at the request of the defendant, to consider the issue of reversing the execution and oblige the plaintiff to return everything received under the canceled decision. Including reimbursed expenses for representation services (in accordance with current law enforcement practice).

These rules also apply to a court order. If the order issued and already executed is cancelled, a statement is written to reverse the court order in order to return everything collected or voluntarily transferred. The institution of reversal is intended to return the parties to their original state and correct the mistakes of the courts. The procedure is regulated in Art. 443-445 Code of Civil Procedure of the Russian Federation. An appeal is submitted to the court of first instance or the magistrate who issued the order or decision.

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Submission and consideration of an application

The issue of reversing the execution of a judicial act must be resolved by the court to which the case was transferred for consideration. That is, when a judicial act is changed. However, if the issue of reversing the execution is not resolved simultaneously with the issuance of a new decision, then you can submit an independent application to the court of first instance. There is no state fee to be paid when filing such an application.

The court considers the application to reverse the execution at a court hearing, with notification of the participants in the case. Therefore, a copy of the application must be sent to other participants in the case in advance - this will be done in good faith and correctly. Based on the results of the court hearing, the court issues a ruling. A participant in the case may file a private complaint against such a determination within 15 days.

In case of cancellation of a court decision in absentia, the procedure for returning property and funds is similar to the reversal of execution of canceled judicial acts.

The grounds for reversing the execution of a court decision are given in Article 443 of the Code of Civil Procedure of the Russian Federation.

The procedure for reversing the execution of a decision is enshrined in Article 444 of the Code of Civil Procedure of the Russian Federation.

The procedure for reversing the execution of a judicial act by higher courts, the specifics of reversing execution in certain categories of cases, are regulated by Article 445 of the Code of Civil Procedure of the Russian Federation.

How to write correctly

The Code of Civil Procedure of the Russian Federation does not indicate what requirements the application must meet or what details are included in it. In practice, the same form is used as for a claim.

What to include in the application:

• name of the court, details of the defendant (debtor) with address and telephone number in the header. It is not necessary to indicate the plaintiff’s details;
• case number;
• Title of the document;
• in the descriptive part, list the circumstances of the case, indicate the reversal of the decision with details of all judicial acts. It is also necessary to indicate complete or partial execution;
• a request to reverse the execution and return the collected or transferred property;
• list of attachments (judicial acts, copies of evidence of collection or voluntary transfer of funds or other property);
• date and signature. These are mandatory details; without a handwritten signature, procedural documents are invalid.

A representative has the right to act on behalf of the defendant; then a copy of the power of attorney must be attached. A power of attorney on behalf of a citizen does not have to be notarized; the applicant - an individual has the right to have his signature certified by a management company or a housing cooperative or homeowners' association.

This application is not subject to state duty, since its payment in this case is not provided for in the Tax Code of the Russian Federation. The state fee is paid when filing claims or complaints. The appeal is being considered in court. The applicant and interested parties are notified, but they are not required to appear. It is possible to file a private complaint against the decision to turn within 15 days. When filing, it is necessary to comply with the three-year limitation period from the moment the court decision was cancelled, although this is not expressly stated in the Code of Civil Procedure of the Russian Federation, in practice the limitation period is applied by judges.

The Code provides for several ways to submit procedural documents: by mail (registered mail with notification), through the office with an incoming stamp, through the GAS Justice or My Arbitrator systems online.

What is a turn in the execution of a court order?

The possibility and procedure for reversal are spelled out in three articles of the Civil Procedure Code of the Russian Federation (Articles 443 - 445) and this process is based on improving the judicial system.

This means that in the event of a reversal of execution, the court not only cancels the decision, but also obliges the plaintiff to return to the defendant the funds collected from him in full.

The procedure for reversing the execution of a court order is subject to the following rules of civil law:

• A reversal of the decision made is allowed if the case is considered on the merits by the court of first instance;
• A turnaround is possible solely based on the results of a new analysis of legal proceedings, but not in the case of a re-examination of a previously completed case;
• The determination to leave the claim without consideration must precede the filing of a motion to reverse the execution;
• In civil proceedings, the turn of the case is always limited by the essence of the claims presented and the number of participants in the process (only the defendant and the plaintiff can participate in the procedure);
• Once the ruling on the reversal comes into force, the defendant is fully restored to his rights and can count on the return of everything that was collected in kind or in cash.

Please note! A reversal of the execution of a court order is possible only in the event of incorrect actions of the judge, which led to the unreasonable imposition of certain obligations on the defendant, provided that the citizen affected by these actions can provide sufficient evidence.

It follows from this that not every defendant in a civil case has the right to file such a petition.

Sample

Application to reverse the execution of a court decision

IN ________________________________________

(name of court)

________________________________________

Plaintiff: ________________________________________

(Full name or name of organization)

________________________________________

(plaintiff’s postal address, telephone, email)

Respondent: ________________________________________

(Full name or name of organization)

________________________________________

(address of the defendant, telephone, email)

Third party: ________________________________________

(Full name or name of organization)

________________________________________

(address, phone, email)

Civil case no. ________________________________________

(indicate case number)

STATEMENT

on the reversal of the execution of a court decision

“___”_________ ____ the decision of ____________ (name of the court) in a civil case on the claim of _________ (full name of the plaintiff) against _________ (full name of the defendant) it was decided to recover from me _________ (indicate what decision was made by the court, what amounts were recovered or what property transferred).

“___”_________ ____ the decision was executed, and it was executed in full (or in part) _________ (indicate in detail how and when the court decision was executed).

“___”_________ ____ city ________________ (name of the court) the specified decision was canceled _________ (give reasons for the cancellation of the judicial act).

During a new consideration of the case, the court issued a court ruling (decision, determination) which _________ (indicate what decision was made by the court).

In accordance with Art. 443 of the Code of Civil Procedure of the Russian Federation, in the event of a cancellation of an enforced court decision and, after a new consideration of the case, a court decision to reject the claim in whole or in part, or a ruling to terminate the proceedings in the case or to leave the application without consideration, must be returned to the defendant everything that was what was recovered from him in favor of the plaintiff under the canceled court decision (reversal of the execution of the court decision).

Thus, by reversing the execution of a court decision is meant the restoration in court of the rights and legitimate interests of the defendant violated by the execution of a decision that was subsequently overturned by the court, that is, the restoration of the original position.

In accordance with Art. 444 of the Code of Civil Procedure of the Russian Federation, if the court that reconsidered the case did not resolve the issue of reversing the execution of the court decision, the defendant has the right to file an application with this court to reverse the execution of the court decision.

Since the court, which reconsidered the case, did not resolve the issue of reversing the execution of the court decision, I ask you to issue a ruling on reversing the execution of the court decision dated "___"__________. and return to me ________________________________________________________________________________,

(money, property, etc.)

recovered from me as a defendant in favor of the plaintiff according to the canceled decision of the _______________________________________________ court dated "___"___________ ___

(name of the court hearing the case)

Based on the above, guided by Articles 443, 444, 445 of the Civil Procedure Code of the Russian Federation,

ASK:

1. To reverse the execution of the court decision from “___”_________ ____ in a civil case on the claim of _________ (full name of the plaintiff) to _________ (full name of the defendant) about _________ (indicate the nature of the recovery).

2. To recover from _________ (full name of the plaintiff) in my favor an amount in the amount of ____ rubles. (or oblige to transfer property).

List of attached documents (all documents are attached with copies according to the number of persons participating in the case):

1. Copy of the application

2. Documents confirming the execution of a previously rendered court decision

3. Court decision “___”_________ ____

“___” _________ ____ (signature) __________

Terms of consideration

The Code of Civil Procedure of the Russian Federation does not specify the time frame for considering an application to reverse a court decision. In accordance with Art. 6.1 of the Code of Civil Procedure, legal proceedings are carried out within a reasonable time, determined on the basis of the complexity of the case and the availability of the participants in the process. The workload of judges is not taken into account. The parties to the case have the right to apply to speed up the proceedings if they believe that the consideration of the case is being unreasonably delayed. The procedure is designed to quickly resolve contradictions and protect the rights of the parties to the case, so the appeal must be considered promptly.