RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of June 11, 2020 No. 5

About application by courts of the regulations of the Code of administrative legal proceedings of the Russian Federation regulating production in Appeal Court

For the purpose of ensuring uniform application by courts of law of regulations of Chapter 34 of the Code of administrative legal proceedings of the Russian Federation the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, articles 2 and 5 of the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to make the following explanations.

General provisions

The court resolutions which are subject to appeal appeal

Persons having the right to appeal appeal

1. Check of legality and justification accepted according to the procedure of administrative legal proceedings of the court resolutions (decisions, determinations) which did not take legal effect is performed by Appeal Court: district court (determination of magistrate judges), the Supreme Court of the republic, regional, regional court, court of the federal city, court of the autonomous region, court of the autonomous area, district (naval) military court (court resolutions of district courts, garrison public vessels), Appeal Court of the general jurisdiction (the court resolutions of the Supreme Courts of the republics, regional, regional courts, courts of the federal cities, court of the autonomous region, courts of autonomous areas accepted by them on the first instance), Appeal military court (the court resolutions of district (naval) public vessels accepted by them on the first instance), Appeal board of the Supreme Court of the Russian Federation (the court resolutions of Judicial board on administrative cases of the Supreme Court of the Russian Federation, Judicial board for the military personnel of the Supreme Court of the Russian Federation and Disciplinary board of the Supreme Court of the Russian Federation accepted by them on the first instance).

As appears from part 11 of Article 137. 1, Articles 296, 313 Codes of administrative legal proceedings of the Russian Federation (further - KAS Russian Federation, the Code), writs, determinations about approval of the conciliation agreement with cessation of production on administrative case completely or in part are not subject to appeal in Appeal Court. These court resolutions can be appealed in court of cassation instance according to the procedure, provided by Chapter 35 of the Code.

Determination about refusal in approval of the conciliation agreement is appealed in Appeal Court (part 12 of article 137.1 KAS Russian Federation).

Court resolutions of courts of appeal and cassation instances are not subject to appeal appeal as become effective from the date of their removal.

2. Appeal claim, representation, the private claim, representation can be submitted not only on court resolution in general, but also on its part, for example resolutive or motivation, concerning distribution of court costs, procedure and completion date and on other questions resolved by court in case of removal of court resolution and also on the additional decision made according to the procedure, stipulated in Article 183 KAC the Russian Federation.

If appeal claim, representation, the private claim, representation are submitted not on court resolution in general but only on its part or the additional decision, then and in this case the appealed act does not take legal effect.

3. Persons participating in case, persons who were not recruited in administrative case and question of the rights and about which obligations it was permitted by court, their representatives, legal successors have rights of appeal appeal of court resolutions of Trial Court. The last have the right to make the appeal, private complaint irrespective of whether they were recruited in case by Trial Court and whether the question of replacement of the party with her legal successor was previously resolved (Articles 37, of 44, of 45, 56 KAC Russian Federation). The question of legal succession can be resolved by the judge of Appeal Court by preparation of administrative case for consideration in Appeal Court or Appeal Court by consideration of the claim, representation.

4. The right of bringing of representation belongs to the prosecutor participating in administrative case (part 2 of article 295 KAS Russian Federation).

The prosecutor participating in case is the prosecutor who took a legal action the first instance with the administrative action for declaration, or the prosecutor who entered legal procedure for making the conclusion on case including the Prosecutor General of the Russian Federation, his advisers, senior assistants, assistants and assistants according to special orders, deputy attorneys general of the Russian Federation, their assistants according to special orders, deputies, senior assistants and assistants to the Main military prosecutor, all subordinate prosecutors, their deputies, assistants to prosecutors for special orders, the senior assistants and assistants to prosecutors, the senior prosecutors and prosecutors of managements and departments acting within the competence (Article 37, 39 KAC Russian Federation, article 54 of the Federal Law of January 17, 1992 No. 2202-I "About prosecutor's office of the Russian Federation").

At the same time the prosecutor participating in case has rights to bringing of representation irrespective of its personal presence at judicial session of Trial Court. The prosecutor has the right to bring representation also if he was not recruited by Trial Court in case in which its participation is obligatory by law (part 7 of article 39 KAS Russian Federation).

The prosecutor participating in case and also the prosecutor who is not recruited in case in which its participation is obligatory by law having the right to bring representation on court resolution on the corresponding administrative case in Appeal Court of any level (part 2 Articles 39, part 2 of article 295 KAS Russian Federation, Item 1 of article 36 of the Federal law "About Prosecutor's Office of the Russian Federation").

Representation on court resolution on the administrative case considered with participation of the prosecutor and also on court resolution on administrative case in which participation of the prosecutor is obligatory by law, can be also brought:

The Prosecutor General of the Russian Federation and the deputy attorney general of the Russian Federation - in the Supreme Court of the Russian Federation, Appeal Court of the general jurisdiction, the Supreme Court of the republic, regional, regional court, court of the federal city, court of the autonomous region, court of the autonomous area, district (naval) military court, district court;

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