The Supreme Court recalled the inadmissibility of reversing the execution of a court decision in labor disputes related to compensation for harm to health

Why is a court order required?

By canceling the court order issued against you by the collector (Bank, MFO, etc.), you will not return the money that was collected by the bailiff or the bank itself during the validity of the court order. In order to return the collected amounts back, you will need to apply again to the same magistrates' court with a statement - “to reverse the execution of the court order.”

After quarantine, the topic of reversing the court order has become especially relevant; clients whose court order was canceled, but managed to collect the money, constantly come to me with a problem. In this case, the claimant will not file a claim in court (in case of partial recovery). Therefore, I decided to describe the course of action of the debtor to recover the amounts back, and also attached an application form to the court, which the debtor will need to submit.

How the judge considers the petition and makes a decision on the case

In a number of categories of civil cases, a reversal of the judicial act is not always possible. When the conditions for reversing the decision are common with other cases, an additional mandatory condition is the falsity of information or forgery of documents presented by the plaintiff when resolving the dispute in his favor in the court of first instance.

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Such cases include claims for collection:

• alimony;
• wages and other funds due to the plaintiff as part of the employment relationship;
• royalties on copyright and intellectual rights;
• harm to health or harm caused by the death of the breadwinner.

In each of these cases, the defendant’s duty is to prove that the plaintiff provided false information to the court and provided false documents, which is why a decision was made in favor of the plaintiff, which was then overturned. The specified evidence must be provided in the application for a reversal of the execution of the decision. But given that, as a rule, the defendant’s position when appealing a judicial act is based on them, the courts decide to reverse the recovery without presenting additional arguments.

When proving their position, defendants need to pay particular attention to two points:

1. What exactly is the falsity of information or forgery of documents (their complete falsification, the content of false information in them). It is necessary to take into account that plaintiffs may refer to erroneous information or its incompleteness, and such arguments will need to be refuted.
2. There must be a relationship between the provision of false information or forged documents and the court's adoption of the appealed decision. Such information or documents must form the basis of a judicial act. If the court was guided by other data or the information and documents provided by the plaintiff did not play any role, then a reversal of the decision is impossible.

Court ruling on an application to reverse a court order
Having written an application and collected the necessary accompanying documentation, the interested person submits the entire set to the court office, on the basis of which, if accepted, a court hearing is scheduled with notification of all parties in this case. Consideration of the possibility of a turn occurs in the following legal order:

• The judge raises the court order and the plaintiff’s statement of claim, as well as the acts issued in accordance with the Arbitration Procedure Code of the Russian Federation, if any, and considers the need to apply a reversal regarding the previously adopted verdict.
• If the court of second instance is unable to resolve the problem, the applicant has the right to apply with a similar petition to the authority that was the author of the initial decision in the form of an order.
• The period for considering the possibility of reversing the decision is usually 10 working days or 2 calendar weeks, after which the applicant receives either a notification of approval of the document or a reasoned refusal. Any scheduled meetings may be held in the absence of the subjects of the case.
• Following a decision regarding a reversal, either party has the right to exercise its appeal privilege and appeal the resolution within 15 days.
• When reviewing a case of the first instance on the basis of a complaint, the defendant has the right to promptly respond to the actions of the court and file a motion to reverse the case even before the decision is made by the second court.
• If a turn is only partially possible, an additional decision is made to the current verdict adopted in execution, limiting the effect of the first one, and it also comes to the bailiffs in the form of an updated writ of execution.

The process of reversing a court decision in some cases really greatly increases the rights of defendants against whom erroneous court decisions were made, since all other documents, such as appeals and cassation, which provide the opportunity to appeal against the measures taken, are limited to a very short period of validity.

Legal basis for reversing a court order

If the executed court decision is canceled and, after a new consideration of the case, a court decision is made 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, the defendant must be returned everything that was from him recovered in favor of the plaintiff under a canceled court decision (reversal of execution of the court decision).

Art. 443 Code of Civil Procedure of the Russian Federation

The reference to Article 443 of the Code of Civil Procedure of the Russian Federation also applies to a court order.

Cancellation of a court order is an independent basis for reversing the execution of a court order, if at the time of filing an application to reverse the execution of a court order or during its consideration by the court, proceedings have not been initiated on the basis of a statement of claim filed by the claimant.
According to paragraph 35 of the Plenum of the Armed Forces of the Russian Federation, resolution of December 27, 2016 city ​​N 62

This means that if at the time of your application to reverse the court order, the collector has not initiated legal proceedings - in other words, has not filed a lawsuit to collect the debt from you, then you have the right to reverse the execution of the court order. Otherwise, everything can be done in the claim proceedings by filing a counterclaim on your behalf.

Procedural features

The defendant’s right to count on the possibility of a judicial reversal is protected by the Civil Procedure Code and the Arbitration Procedure Code of the Russian Federation. The procedure itself in both cases is very similar, but there are some features that distinguish civil and arbitration processes.

A reversal in a civil court is possible at the stage of cassation and supervisory proceedings, and during the investigation based on newly discovered circumstances.

The process of reversing the execution of a court decision in civil proceedings is regulated by the Civil Procedure Code of the Russian Federation. Art. 443 of the Code of Civil Procedure of the Russian Federation obliges the plaintiff to return property or money back to the defendant in the event that the court changes its verdict during the review of the case and stops the proceedings.

If the plaintiff tries to evade legal requirements, the bailiffs must force him to do so.

According to Art. 444 part 1 of the Code of Civil Procedure of the Russian Federation, the court of first instance, to which the case has been transferred for a new trial, must essentially examine the conclusions and progress of the process of its colleague and make a new decision. According to Art. 444 part 2 of the Code of Civil Procedure of the Russian Federation, the defendant has the right to independently file an application for a change in the event that the judicial authority itself has not resolved this issue.

Such a statement must be discussed at a separate meeting in the presence of the participants in the process. They must be notified of the date and time of the start of consideration of the application. However, the court will still make a ruling even if they do not appear. The defendant receives a writ of execution, according to which he returns his property. According to Art. 444 part 3 satisfaction or refusal can be appealed privately. They will give you 15 days for this.

Cases regarding the collection of elements stand apart in civil law. According to Art. 445 part 3 of the Code of Civil Procedure of the Russian Federation, a reversal of the execution of a court order is possible only if it turns out that during the first trial the plaintiff previously presented false evidence or forged documents.

It is also possible to reverse a judicial act due to an attempt to deceive a judge during processes for the collection of funds related to:

• Labor relations;
• Rights to works of literature, science and art;
• Intellectual property for discoveries, inventions, industrial designs and utility models;
• Injury or other damage to health;
• The death of the breadwinner.

In each of these cases, the defendant will have to present evidence that the plaintiff committed forgery. Their list is given in the statement.

The process of reversing a court decision in an arbitration court is regulated by the Arbitration Procedure Code of the Russian Federation. It is common to everyone, since there are no special categories of cases, as in the Civil Code. According to Art. 325 of the Arbitration Procedure Code of the Russian Federation, in case of complete or partial cancellation of a judicial act, its amendment, refusal to consider a claim or termination of the case, all previously seized property must be returned to the defendant. The arbitration court, which has adopted an amended or canceled judicial act, on its own initiative also considers the issue of reversing the recovery.

If the question of returning the property was not raised by the judge, then the defendant has the right to file an application for this.

The procedure is enshrined in Art. 324 Arbitration Procedure Code of the Russian Federation. There is also a special meeting where the presence of interested parties is expected - the debtor, the collector and the bailiff. If they are not present at the hearing, the judge will still make a ruling. Participants in the process also have the right to appeal.

The decision to reverse a judicial act in civil proceedings is made, as a rule, when considering cases in appeal, cassation or supervision - as part of the procedures for appealing court decisions.

The authority where the judicial act is appealed, finally resolving the dispute, terminating the case or leaving the claim without consideration, is obliged to resolve the issue:

• about the reversal of a canceled judicial act;
• or to transfer the case to the court of first instance.

If the decision to reverse the foreclosure has not been made, then the defendant has the right to file an application to this effect with the court of first instance - which considered his case. If the case is sent for a new consideration, the decision is made here.

Everything is simpler here. In fact, the same procedure and the same conditions and grounds apply as in civil proceedings. There are no special categories of cases. When adopting a new judicial act that cancels or changes a previously adopted judicial decision, the arbitration court must consider the issue of reversing this decision. If this does not happen, the defendant has the right to file a corresponding application with the court of first instance, where the case was initially heard.

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In civil proceedings:

• To consider the defendant’s application to reverse the decision, a special court hearing is organized and held. The parties to the case are invited to the process, but their failure to appear will not be a barrier to the consideration of the application.
• If the court where the decision was appealed did not consider the issue of reversing its execution and returned the case for a new trial to the court of first instance, this issue must be resolved within the framework of such consideration. But if the consideration did not take place here, then the defendant must submit the appropriate application. Of course, if upon a new consideration the plaintiff’s claim was denied.

In the arbitration court, applications from defendants to reverse the decision are considered in the manner prescribed for considering issues of deferment, installment plan or changing the procedure for the execution of court decisions (Article 324 of the Arbitration Procedure Code). Regardless of how the issue of reversing the decision was considered (at the initiative of the court or at the request of the defendant), the defendant in any case acquires the right to receive a writ of execution for the return of what was collected.

If a reversal of the decision involves the return of property, and the defendant understands that this is impossible, he has the right to demand the return of the value of this property. The issuance of a writ of execution occurs in the usual manner for this procedure, but the application must additionally be accompanied by documents confirming that the funds and (or) property (its value) that were actually recovered de facto are subject to return.

In civil proceedings, if the plaintiff does not comply with the requirement to return the recovered property, it is also possible to force a return. In this case, it is necessary to obtain a writ of execution - in the same way as is done in cases of collection in execution of all court decisions.

A judicial act on reversing a court decision or refusing to satisfy such an application may be appealed. In civil proceedings, a private complaint is filed. In arbitration, the rules established for appealing rulings apply.

Enforcement of a judicial act to reverse the execution of a decision (writ of execution) is the task of bailiffs within the framework of enforcement proceedings.

Attachments to the application for reversal of the court order

Based on Art. 56 of the Code of Civil Procedure of the Russian Federation - “ Each party must prove the circumstances to which it refers as the basis for its claims and objections, unless otherwise provided by federal law. ". This rule of law will apply in our case, so we will have to collect evidence.

In our case, you will need to prove that under the canceled court order, during the period of its validity, the amounts of money we demanded were actually collected from us.

As evidence, the following can be presented: An account statement indicating the amounts that were collected from you during the period the order was in effect, as well as the resolution of the bailiff of the executor on the termination of the individual entrepreneur, if the amount under the order was collected from you in full.

Do not forget that all documents must be certified and stamped by a government agency or commercial organization (Bank)!

Performance list

A court ruling alone to reverse the court order will not be enough to recover the amounts back; you will need to obtain a writ of execution. To do this, you will have to write an application for the issuance of a writ of execution based on a court ruling and submit it to the court that issued your order and the ruling to reverse the court order. The determination to reverse the court order does not come into force immediately, but after 15 days, therefore the application for obtaining a writ of execution must be submitted within 20-25 days (15+ time after sending to the claimant).

Filing an application to reverse a court order

Currently, court offices are not open for reception and applications must be submitted by mail.

Is it necessary to send a copy of the application to reverse the court order to the recoverer - the bank, etc.!?

The issue of sending a copy of the application and attachment to the claimant is not directly regulated by law. If you want to be 100% sure, send a copy to the claimant, according to the new rules of Art. 132 Code of Civil Procedure of the Russian Federation. Although, in practice, the judges have not yet left the case without movement, citing the need to send the claimant a copy of the application and the documents attached to it. In the application form below in the appendix, if you will send copies of documents to the recoverer (Bank), please indicate in addition the receipt of the letter and a description of the contents in the envelope.

How to prepare an application to reverse a court decision

In order to correctly fill out an application to initiate this type of legal proceedings, the losing party must use the document template available on electronic portals.

Application template

On the blank form, following the prompts provided, the applicant must provide the following information:

1. The name of the judicial or arbitration authority where the petition is submitted.
2. Personal data of the parties who are participants in the past trial.
3. The “body” of the document is a description of the essence of the dispute, indicating its number and details of the decision made.
4. Requirements for the court to revise the adopted resolution with a description of the rationale and legality of such a request.
5. The applicant must certainly indicate whether his obligations under enforcement proceedings were fulfilled, and, if so, in what form - in kind or monetary, in whole or in part, at what stage the enforcement procedure is currently at.
6. It is imperative to make a list of the attached documentation with its description and the copy numbers of the papers, according to which the act of withdrawing the statement of claim can be carried out.
7. Indicate the current date and add your personal signature.

Important! The court will not be able to consider this document in the absence of written evidence of payment of the debt or unlawful actions of the defendant in terms of assigning the amount of recovery, as well as a description of the circumstances of the case in the claim. Thus, the petition, as a rule, is accompanied by evidence of forgery of documents on the part of the plaintiff, as well as all copies of payments indicating the transfer of funds by the defendant in accordance with the writ of execution. The applicant should be aware that the specified document does not require payment of state duty, and additional costs are excluded.

This point is worth considering separately, since mistakes are often made.

The application is prepared in writing. It can be presented to the court in person (to the court office), sent by mail or electronically through the “My Arbitrator” system, including uploading the necessary application documents.

What should be in the application:

1. Standard details - data of the court, the applicant, the second party to the case, and, if necessary, interested parties and third parties.
2. Information about when, by what authority, in what case an excellent decision was made.
3. Under what circumstances was the overturned decision carried out? When, what, how much was collected and in whose favor.
4. When and under what circumstances was the executed decision overturned? What decisions were made and what were the consequences.
5. Reasons for reversing the decision.
6. The applicant’s demands are to reverse the decision and recover a certain amount from the plaintiff in favor of the defendant or oblige him to transfer certain property.
7. List of attachments (copy of the application, calculation of claims, copies of court decisions related to the case, documents evidencing the execution of the canceled judicial act).
8. Date, signature.

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To simplify the task of preparing an application, you can use samples or seek help from our duty lawyer.

The paper must be drawn up correctly in order to accurately count on consideration by the judge conducting the cassation or appeal process. It is drawn up in written form on a blank A4 sheet.

Its text must contain:

• The name of the court that is considering the case;
• Information about the applicant, the plaintiff, as well as other participants in the process, if any;
• Information about the case, about the plaintiff’s demands, about the court decision that was made by the court of first instance;
• Confirmation that this decision was executed in accordance with the sentence;
• Information that this decision was canceled and a new decision was made during a new consideration of the case;
• Link to regulatory documents that give the right to compensation for damage (Articles 443-445 of the Civil Code of the Russian Federation);
• A request to reverse the execution of the court decision, containing accurate information about the owner and the lost funds;
• List of attached documents (copy of application, calculation of property, copy of court decision, proof of execution of the first judicial act);
• Signature and date.

The petition can be taken to the court office in person, sent by registered mail via Russian Post, or filed electronically through the “My Arbitrator” system.

Cost of the procedure for turning over a court order

If the whole procedure seems complicated to you or you simply do not have free time, you can contact me. I will prepare the documents and all you have to do is sign and take them to the post office. The procedure can be done remotely or come to my office by making an appointment in advance and prepare the entire set of documents there. Let me remind you that I work in St. Petersburg, but in a remote communication format I can prepare documents for filing a court order in any region of the Russian Federation.

The cost of preparing documents on the reversal of a court order, together with an application for a writ of execution, is: 10,000 rubles. tel. (WhatsApp) mail

The cost is indicated taking into account the already canceled order and the availability of documents confirming the collection of amounts from you by the bailiff (bank). If the order is not cancelled, the deadline has been missed, etc. It is better to discuss the cost in advance by phone or WhatsApp chat.