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

[Адвокат]

Hello, Julia.

The fact that your petitions and complaints are not granted does not mean at all that the judge was purchased. From your story in previous posts, I realized that you tried to drag out the trial (though I didn’t understand for what purpose). That was the conclusion the judge made, and therefore she began the process.

It is difficult to understand your account of the sequence of events, but as far as I understood it, the court found that you had at least 4 days to notify the court of your illness. If so, the court reasonably decided to start the trial.

Faxing a certificate of your illness and a motion to postpone the trial (even if the judge received them before the trial) also are not grounds for postponing the trial, as You have not submitted the original certificate and the Petition with your true signature to the court, and the court does not have the right to make decisions on the basis of not certified copies of documents, such as a fax.

In order for the court to acknowledge the reason for the failure to appear at the hearing as valid, a certificate of your treatment was not enough.
You need to prove that your illness did not allow you to attend the trial in connection with your poor health (high fever, severe pain that does not allow you to concentrate, etc.). In addition, you must prove that you did not have the physical ability to notify the court of the reason why you cannot attend the court session (a sharp exacerbation of the disease occurred on the day of the court, or the day before, after the end of the working day, etc.)

If you, in support of the validity of your failure to appear at the court, plan to refer to the grounds on which you were recognized as disabled (major violations of functions — communication, self-care, control over your behavior), then this argument can be turned against you in the sense that the court will begin to find out if you have the ability to control your actions and report to them to the extent that is sufficient to participate in the trial.

To confirm your arguments, you can use any evidence (certificates, medical documents, testimonies of witnesses, expert opinions, etc.). In order to attach documents to the case or interrogate witnesses, you must justify in your application what circumstances are relevant to cases, these documents or witnesses can confirm. You must also provide witnesses to the court.

The possibility of appealing the decision in absentia is provided for in Article 237 of the Code of Civil Procedure of the Russian Federation.

 

[Джулия]

Hello, Julia.

You tried to drag out the trial (though you didn’t understand for what purpose). That was the conclusion the judge made, and therefore she began the process.

It is difficult to understand your account of the sequence of events, but as far as I understood it, the court found that you had at least 4 days to notify the court of your illness. If so, the court reasonably decided to start the trial.

Faxing a certificate of your illness and a motion to postpone the trial (even if the judge received them before the trial) also are not grounds for postponing the trial, as You have not submitted the original certificate and the Petition with your true signature to the court, and the court does not have the right to make decisions on the basis of not certified copies of documents, such as a fax.

In order for the court to acknowledge the reason for the failure to appear at the hearing as valid, a certificate of your treatment was not enough.
You need to prove that your illness did not allow you to attend the trial in connection with your poor health (high fever, severe pain that does not allow you to concentrate, etc.). In addition, you must prove that you did not have the physical ability to notify the court of the reason why you cannot attend the court session (a sharp exacerbation of the disease occurred on the day of the court, or the day before, after the end of the working day, etc.)

If you, in support of the validity of your failure to appear at the court, plan to refer to the grounds on which you were recognized as disabled (major violations of functions — communication, self-care, control over your behavior), then this argument can be turned against you in the sense that the court will begin to find out if you have the ability to control your actions and report to them to the extent that is sufficient to participate in the trial.

To confirm your arguments, you can use any evidence (certificates, medical documents, testimonies of witnesses, expert opinions, etc.). In order to attach documents to the case or interrogate witnesses, you must justify in your application what circumstances are relevant to cases, these documents or witnesses can confirm. You must also provide witnesses to the court.

The possibility of appealing the decision in absentia is provided for in Article 237 of the Code of Civil Procedure of the Russian Federation.

Hello, lawyer. Thanks for the answer and advice. This is not the first time I have sued the employer. In this connection, my health is deteriorating. If there is a delay, it is not intentional. As I receive the summons (usually later with s / s), I worry about what will happen now. Really lose. This tension causes a panic attack, which turns me off from the activity of the day for 3-4. Previously, always my applications sent by fax were granted, and did not even subsequently require an original application. The lawsuit I have just about paying moral harm for causing me serious harm to mental health. Therefore, the worse my capabilities, the more believable evidence. Worse is another. In medical documents, doctors do not write the reason for the deterioration - litigation. I had an organic disease of the central nervous system before the courts. It was contraindicated for me to overload my psyche. But the employer, through his actions, forced me to assert my labor rights, which led to permanent disability. 2nd gr. indefinitely. Since the doctor directly wrote in the latest certificate that I can’t participate in secondary school (ARVI), then why is there any other evidence? The conclusion of ITU experts is reflected in the act of 10/31/12., Which I will attach to a private complaint, but I will also solicit a request for an expert case, as in the appeal, I ask you to appoint me a pechological and psychiatric examination, because the court does not have knowledge. And the examination will be outpatient based on the documents available in the case. Therefore, it is necessary that the conclusion of the ITU psychologist be evaluated by the examination in my favor. it’s always difficult for me to concentrate. Not to mention the independent preparation of court documents and participation in meetings. After expensively in 3-4 hours I need to rest and sleep. and I still have to stand on my feet in the court corridor to wait for the meeting to begin and then for another 2-3 hours at best, assert my rights. I give a report to my actions, but sometimes I do not have the will to take the necessary actions. Any self-violence results in panic attacks. The body protects itself from overload. So the doctors explained to me. the reason is organic brain disorders. And as a result of mental functions. I think that the court saw the petition for bukhg. examination decided to block such an opportunity. Otherwise, double-entry bookkeeping of the employer will be revealed. Yes, and a psyche-psychiatric examination is prescribed at the expense of the state, and these are losses for which they will not be praised!

 

[Адвокат]

In medical documents, doctors do not write the reason for the deterioration - litigation.

Doctors are not lawyers, so they cannot establish a causal relationship between the trial and the deterioration of your health. However, they can make an entry in medical documents stating that you feel a deterioration in well-being after court hearings, receipt of judicial and other documents related to the court.

I think that the court saw the petition for bukhg. examination decided to block such an opportunity. Otherwise, double-entry bookkeeping of the employer will be revealed.

Perhaps this petition was rejected due to the fact that it did not relate to the merits of the stated claims, beyond which the court has no right.

 

[Адвокат]

This is not the first time I have sued the employer. In this connection, my health is deteriorating. If there is a delay, it is not intentional. As I receive the summons (usually later with s / s), I worry about what will happen now. Really lose. This tension causes a panic attack, which turns me off from the activity of the day for 3-4. Previously, always my applications sent by fax were granted, and did not even subsequently require an original application. The lawsuit I have just about paying moral harm for causing me serious harm to mental health. Therefore, the worse my capabilities, the more likely the evidence ... I had an organic disease of the central nervous system before the courts. It was contraindicated for me to overload my psyche. But the employer, through his actions, forced me to assert my labor rights, which led to permanent disability. 2nd gr. indefinitely.

If litigation is so seriously affecting your health, maybe the money you expect to win is not worth your time or nerves?
Even in the case of a positive decision, it is unlikely that you will be able to sue a large amount in compensation for moral damage. In the Russian Federation, unlike the United States, judicial practice shows that very small amounts are awarded for such claims.

 

[Джулия]

This is not the first time I have sued the employer. In this connection, my health is deteriorating. If there is a delay, it is not intentional. As I receive the summons (usually later with s / s), I worry about what will happen now. Really lose. This tension causes a panic attack, which turns me off from the activity of the day for 3-4. Previously, always my applications sent by fax were granted, and did not even subsequently require an original application. The lawsuit I have just about paying moral harm for causing me serious harm to mental health. Therefore, the worse my capabilities, the more likely the evidence ... I had an organic disease of the central nervous system before the courts. It was contraindicated for me to overload my psyche. But the employer, through his actions, forced me to assert my labor rights, which led to permanent disability. 2nd gr. indefinitely.

If litigation is so seriously affecting your health, maybe the money you expect to win is not worth your time or nerves?
Even in the case of a positive decision, it is unlikely that you will be able to sue a large amount in compensation for moral damage. In the Russian Federation, unlike the United States, judicial practice shows that very small amounts are awarded for such claims.

In addition to moral compensation, I would like directors to be held accountable for double-entry bookkeeping. Instead of 4750r, they told me 2680r. as a result, I received a penny in the employment center. If everyone gives up due to the fact that non-pecuniary damage does not pay back expenses, then corruption will flourish like that.

 

[Адвокат]

Since the doctor directly wrote in the latest certificate that I can’t participate in secondary school (ARVI), then why is there any other evidence?

I remind you of your question posted in a previous post:

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.

 

[Адвокат]

I would like directors to be held accountable for double-entry bookkeeping. Instead of 4750r, they told me 2680r.

In civil proceedings, the court does not prosecute, for this you need to contact the police or the tax office, depending on what kind of law is violated by the employer.

 

[Адвокат]

In any case, I sincerely wish you good luck! It would be interesting to know the results of your lawsuit.

 

[Джулия]

I would like directors to be held accountable for double-entry bookkeeping. Instead of 4750r, they told me 2680r.

In civil proceedings, the court does not prosecute, for this you need to contact the police or the tax office, depending on what kind of law is violated by the employer.

This is something I can’t afford at all. Can I make a brief private complaint before writing the full one? 2 days left until 01/09/13. I never found a lawyer, they all celebrate. What to indicate in the complaint, how to title in order to gain time?

 

[Natka]

in your place, I would first try to challenge the contract of guarantee. Filing a claim for recognition of this agreement as an invalid transaction is the basis for postponing the production for 10 days N-th number of times.
And the decision made in your favor on this claim will be just a newly discovered circumstance for reviewing the decision to recover the amount