I ask critics for a statement to annul the decision by reopening

[Джулия]

Hello dear lawyers. I had several lawsuits with a former employer. I lost the last one (upon issuing a certificate of the average payment for the work center). However, on the day the court decision was made, I became ill and was later given b / l from that date. On the eve of July 11, 12. I sent a petition to the court to postpone the meeting due to illness, attached a copy of the doctor’s certificate. The hospital promised to provide later. But the court account for the reason for the lack of disrespectful. I am a disabled person of the 2nd group and I don’t have much money for a lawyer. this statement is made by an amateur, do not kick too much.

STATEMENT
on the revision of a civil case due to newly discovered circumstances


07/12/2012 The ENS-th city court, having considered a civil case in my lawsuit against “BR” about issuing a certificate of salary, recovering material and moral damage, refused to satisfy the claim for unreasonableness.
When considering this case, the court was not aware of a number of the following circumstances: 12.07.12. at 04h. in the morning an ambulance was called to me. According to the signal sheet from 07/12/12 a joint venture doctor left a call to a therapist at my house, who was able to visit me only at 4 pm Since I was prescribed bed rest as an ambulance doctor, I was not able to leave to participate in the hearing scheduled for 10:00. I also could not promptly provide the court with a copy of the certificate of incapacity for work, since it was opened by the district doctor general practitioner and was issued to me only on 07.20.12. upon my first visit to the dispensary after an illness. Thus, the specified circumstances in themselves prove the existence of a valid reason (illness) of my failure to appear at the hearing.
And, although I did not know the above-described circumstances in advance, on the eve, that is, on July 11, 12, by fax, my petition was sent to the court to postpone the meeting because of my illness, to which a certificate of getting outpatient treatment was attached. I promised to provide a disability certificate later. The application was probably denied.

The above indicates the presence of newly discovered circumstances that are the reason for the revision of the civil case.

In accordance with Article 392, part 2, paragraph 1. Code of Civil Procedure of the Russian Federation,

I BEG:

1. To cancel the court decision of July 12, 12;
2. Resume proceedings on newly discovered circumstances in a civil case No. xx-xx.

Attachment of copies of documents:
1. The signal sheet from 07/12/12.
2. Disability certificate from 07/12/12. on 07/20/12:
3. Certificate of incapacity for work from 07.23.12. By .27.07.12:
Probably still need to attach a copy of the doctor’s record of visiting me at home? I beg you to respond to those who know. the term of 3 months is over, I will also restore the term for sick leave.

 

[Адвокат]

The situation described in the statement suggests an attempt to deliberately delay the process, because if a fax was sent on 07/11/12 with a request to postpone the trial in connection with the disease, it is logical to assume that the applicant was already feeling ill on 11/07/12, i.e. had a real opportunity to get sick leave and submit it to court. If the applicant was on an outpatient basis, then a medical certificate would be sufficient for the trial. institutions (sick leave - a document on the basis of which financial payments are made, and the fact of the disease can be confirmed by a certificate).

Therefore, in order to achieve the goal desired by the applicant, it was enough to request the cancellation of the absentee decision due to a good reason for failure to appear (due to the applicant’s illness).

 

[Джулия]

The situation described in the statement suggests an attempt to deliberately delay the process, because if a fax was sent on 07/11/12 with a request to postpone the trial in connection with the disease, it is logical to assume that the applicant was already feeling ill on 11/07/12, i.e. had a real opportunity to get sick leave and submit it to court. If the applicant was on an outpatient basis, then a medical certificate would be sufficient for the trial. institutions (sick leave - a document on the basis of which financial payments are made, and the fact of the disease can be confirmed by a certificate).

Therefore, in order to achieve the goal desired by the applicant, it was enough to request the cancellation of the absentee decision due to a good reason for failure to appear (due to the applicant’s illness).

Thanks for responding to my post. According to what tightening is like. But only that. I am a disabled person of the 2nd group, getting ready for re-examination and there is no time to go to film the case. Maybe there is not my statement at all? So it was, as you write. 07/11. sent an application with a certificate of outpatient treatment, the sick leave was refused. Since I was hoping that I would be able to take b / l retroactively through VC (doctors are people too and can be mistaken), I promised the court to provide it later. VK was appointed when I was already on sick leave and lost its relevance. that is, for this reason, the VK refused to conduct.
The court decision is not in absentia for me, since I am a plaintiff. If nothing has changed in the Code of Civil Procedure, then the decision in absentia can be canceled only at the request of the defendant. I would be glad if you disbelieve me in this! And I will definitely take your advice. Only please report on which articles and which laws to refer to!

 

[Джулия]

The situation described in the statement suggests an attempt to deliberately delay the process, because if a fax was sent on 07/11/12 with a request to postpone the trial in connection with the disease, it is logical to assume that the applicant was already feeling ill on 11/07/12, i.e. had a real opportunity to get sick leave and submit it to court. If the applicant was on an outpatient basis, then a medical certificate would be sufficient for the trial. institutions (sick leave - a document on the basis of which financial payments are made, and the fact of the disease can be confirmed by a certificate).

Therefore, in order to achieve the goal desired by the applicant, it was enough to request the cancellation of the absentee decision due to a good reason for failure to appear (due to the applicant’s illness).

Dear Lawyer, case 28.09. filmed. My statement in the case is with the attached certificate that I am receiving outpatient therapy from a psychiatrist. But the protocol says "refuse to petition the plaintiff to adjourn the case" and adds in simple pencil "to consider the case in the absence of the plaintiff evidence of the validity of the reasons for the failure to appear in court by the plaintiff." The defendant further explains the reason “the delay occurred because there was no funding for postal expenses that occurred with the sending of the certificate. Thus, the certificate was sent to her and the court was notified of the receipt of the certificate by the plaintiff. Therefore, we object to the satisfaction of the claim and request that the claim be denied. In addition, the plaintiff did not provide a document stating that the non-issuance of the certificate prevents registration with the employment center. I want to say that the lack of a certificate does not prevent registration with the employment center. We also object to compensation for material damage, because The plaintiff has not submitted documents confirming material damage.The disease for which the plaintiff presented receipts in the form of medications is not a medication that cures the disease resulting from the unlawful actions of the defendant. non-pecuniary damage. There are no additions and petitions. The court proceeds to the investigated ju of the case materials ... It is interesting that the court considers that the defendant has no money on 12/26/11. a good reason not to send a certificate until 04/16/12. In the case there are no documents confirming the defendant’s words about the lack of financing. And the court does not see moral harm. Although in the case there is a response to me from the employment center about the registration rules, where the certificate of salary is listed. In addition, the 1st certificate was not in form without a stamp and without a date of issue. What I informed the court when I asked to postpone the case. it is clear that this became known to the defendant, because It is 05.21.12. sent a certificate again (5 pieces). As I received 05/30/12. so immediately and took her on 06/04/12. in the employment center. True, the certificate of registration with the court did not have time to provide. Well, what do you say, how do I respond to the case file in the appeal? A lot of beeches ... I don’t know how short.

 

[Джулия]

I read the order of the Ministry of Health and Social Development of Russia No. 847n dated September 30, 2010 “On Approving the Procedure for the Registration of Unemployed Citizens”, to which the employee of the employment center referred, upon request from me, again certificates on avg. earning with a new registration. Although nothing has changed since the last deregistration. The same labor, never worked anywhere.
3. Decisions on recognition of unemployed as able-bodied, without work and earnings, registered in order to find suitable work, job seekers and ready to start it are taken by state institutions of the employment service of the population at the place of residence of citizens if it is impossible to provide them with suitable work within 10 days from the date of registration of these citizens in order to find a suitable job, no later than 11 days from the date they present the following documents:
passport or document replacing it;
employment record or a document replacing it;
document certifying professional qualifications;
certificates of average earnings for the last three months at the last place of work;
an individual rehabilitation program for a disabled person, issued in the prescribed manner and containing recommendations on contraindicated and affordable working conditions and types of work (for citizens belonging to the category of disabled people).
So I did not find in it that when re-staging a new certificate was needed. I will probably write them an email mail and ask what’s the matter? What prevents to reflect in the documents that the certificate has already been provided? Only harm from such orders

 

[Адвокат]

The court decision is not in absentia for me, since I am a plaintiff.

The decision in absentia is for the party in whose absence it was rendered.

 

[Адвокат]

As for the rest of the text, I did not quite understand what your question is.

 

[Джулия]

As for the rest of the text, I did not quite understand what your question is.

What article of the Code of Civil Procedure of the Russian Federation on the absentee decision "is the same for both parties" ?? I can’t keep track of changes in the Code of Civil Procedure of the Russian Federation, and now there is no cassation appeal but only an appeal. I have 1 month to appeal to the regional court. Because of this, it is possible to cancel the decision that the judge did not tell me the procedure for appealing the decision in absentia?

 

[Адвокат]

If both parties were not present during the court decision, then it will be in absentia for both parties, respectively, they will have the same right to appeal this decision. But this happens extremely rarely. It is easier for the court to postpone the proceedings until at least one party appears at the hearing.

An absentee court decision can be appealed by the parties on appeal (due to violations of substantive and (or) procedural law specified in the Code of Civil Procedure of the Russian Federation, as grounds for canceling or changing the decision of the court of first instance) within a month after the deadline for filing by the defendant applications for the annulment of this court decision, and if such an application is submitted, within a month from the day the court ruling on the refusal to satisfy this application is made.

In addition, the Respondent has the right to submit to the court, which adopted the decision in absentia, an application to annul this decision of the court within seven days from the date of delivery of a copy of this decision to him.

An absentee decision may be canceled if it was appealed within 7 days from the moment when the party, in the absence of which it was issued, found out about such a decision.
Such an appeal will succeed if this party proves that:
1) failure to appear in court is connected:
- with the fact that she was not notified of the place and time of the hearing,
or
- with good reason, about which he was not able to inform the court in a timely manner,
2) indicate circumstances and present evidence that may affect the content of the court decision

 

[Джулия]

An absentee court decision can be appealed by the parties on appeal (due to violations of substantive and (or) procedural law specified in the Code of Civil Procedure of the Russian Federation, as grounds for canceling or changing the decision of the court of first instance) within a month after the deadline for filing by the defendant applications for the annulment of this court decision, and if such an application is submitted, within a month from the day the court ruling on the refusal to satisfy this application is made.

In addition, the Respondent has the right to submit to the court, which adopted the decision in absentia, an application to annul this decision of the court within seven days from the date of delivery of a copy of this decision to him.

An absentee decision may be canceled if it was appealed within 7 days from the moment when the party, in the absence of which it was issued, found out about such a decision.
Such an appeal will succeed if this party proves that:
1) failure to appear in court is connected:
- with the fact that she was not notified of the place and time of the hearing,
or
- with good reason, about which he was not able to inform the court in a timely manner,
2) indicate circumstances and present evidence that may affect the content of the court decision

Thank you for your answer, but it is unclear how the plaintiff can prove the validity of the reasons about which he was not able to inform the court in a timely manner, if the court recognized the medical certificate of receiving treatment from a psychiatrist as a disrespectful reason for the failure to appear.
Please tell me if there is article in the Code of Civil Procedure under which the plaintiff can also appeal the decision in absentia? Which one? Which experts should be summoned to court so that the court considers the disease a valid reason for the absence of the plaintiff? The situation is as follows. I did not file a cancellation of the decision in absentia, but I filed an appeal and an application for the restoration of the term to which I attached copies of the b / l-in. However, the court in the decision on the refusal of time indicated that I could file a complaint on the day I got acquainted with the case, i.e. 09/29/12. on the 4th day of my absence of incapacity for work (the decision was received on 08/15/12., b / l from 13.08.-25.09.12., and on 26.09. passed ITU gave the 2nd indefinitely with great violations of functions - communication, self-service, monitoring their behavior). I requested an inspection certificate. it indicates these violations. I want to attach a copy of it. But the judge is not a doctor and not an expert, and again imagines himself to be them and without knowing my diagnoses and the degree of disability, he will refuse a private complaint as disrespectful reasons. By the way, 2 hours before s / fax, I sent a request for postponement due to illness (SARS) a certificate attached that I can not participate in s / s. BUT his court did not consider, pretended that this does not exist. Definition sent me an email. address 12/19/12. 01/04/13. The appeal period ends. I cannot recover from indignation. What to write if the disease is disrespectful. cause? There is no chance that a private complaint will be satisfied. Judge purchased.