Administrative claim against the actions of the bailiff. Challenging decisions, actions (inaction)

Case No. 2-4948/15

SOLUTION

In the name of the Russian Federation

Leninsky District Court of Ulyanovsk

composed of: judges Rybalko V.I.,

under secretary Sidonova L. A.,

having considered in open court the administrative claim of Pigulevskaya, FULL NAME7, to declare the inaction of the bailiff illegal,

U S T A N O V I L:

Pigulevskaya D.V. filed an administrative claim in court to declare the inaction of the bailiff illegal.

The stated requirements are motivated by the following. DD.MM.YYYY the court issued a writ of execution to recover from Comfort-Lux LLC in favor of Pigulevskaya D.V. compensation for moral damages in the amount of 20,000 rubles, expenses for a representative in the amount of 3,000 rubles.

The writ of execution was presented for execution, and enforcement proceedings were initiated.

Bailiff O.I. Mirsaitova, in violation of Art. Art. 36, 64, 105 of Federal Law No. 229-FZ of October 2, 2007 “On Enforcement Proceedings”, no measures were taken for the actual execution of the executive document.

The deadline established for the debtor for the voluntary fulfillment of the requirements contained in the writ of execution has expired. However, the debtor was not given a new deadline for execution. No measures were taken to bring the debtor to administrative liability under Art. RF.

DD.MM.YYYY Pigulevskaya D.V. received a decree from the bailiff to terminate the enforcement proceedings and to return the writ of execution to the claimant.

Pigulevskaya D.V. asks the court to oblige the bailiff O.I. Mirsaitova to properly fulfill the requirements of the writ of execution.

The administrative plaintiff Pigulevskaya D.V. did not appear at the court hearing and asked to consider the case in her absence.

The administrative defendant is the bailiff of the Department of Bailiffs (OSB) for the Leninsky District of the city of Ulyanovsk of the Office of the Federal Bailiff Service (UFSSP) for the Ulyanovsk Region Olga Igorevna Mirsaitova did not appear at the court hearing, she was notified of the day and time of the court session.

The representative of the interested party attracted by the court to participate in the case - the Federal Bailiff Service for the Ulyanovsk Region, A. V. Zimkina, did not recognize the administrative claim at the court hearing, indicated that on November 11, 2014, the OSB in the Leninsky district of Ulyanovsk received a writ of execution for collection from the debtor - LLC “Comfort-Lux” in favor of the claimant - Pigulevskaya D.V. funds in the amount of 23,000 rubles.

DD.MM.YYYY bailiff N. N. Dashko initiated enforcement proceedings No. No. This enforcement proceedings were included in the consolidated enforcement proceedings against the debtor - Comfort-Lux LLC.

In accordance with the requirements of paragraph 1 of Art. 36 of the Law, the requirements contained in the executive document must be fulfilled by the bailiff within two months from the date of initiation of enforcement proceedings. However, this period is not preemptive; the expiration of the deadlines for carrying out enforcement actions and applying compulsory enforcement measures is not a basis for termination or completion of enforcement proceedings.

The bailiff took the measures provided for in Art. 67, art. 68 of the Law, aimed at fulfilling by the debtor the requirements of the writ of execution.

The absence of a positive result for the claimant from the actions carried out by the bailiff cannot serve as a basis for stating the inaction of the bailiff.

In this particular case, the rights and legitimate interests of the applicant were violated not as a result of the actions (inaction) of the bailiff, but as a result of the fact that the debtor organization Comfort-Lux LLC does not own any movable and immovable property that it can to be levied. Comfort-Lux LLC does not carry out any business activities and is not located at the legal address specified in the constituent documents.

Enforcement proceedings for the recovery from the debtor - Comfort-Lux LLC in favor of the claimant - D. V. Pigulevskaya of funds in the amount of 23,000 rubles. was ended by the order of the bailiff dated 02/24/2015 due to the impossibility of establishing the location of the debtor, his property, or obtaining information about the availability of funds and other valuables belonging to him.

The original writ of execution was returned to Pigulevskaya D.V. The fact that Pigulevskaya D.V. received DD.MM.YYYY registered mail is confirmed by information from the website of the Federal State Unitary Enterprise "Russian Post".

In accordance with the current legislation, the return of the writ of execution to the claimant is not an obstacle to the repeated presentation of the writ of execution for execution.

DECIDED:

In satisfaction of the administrative claim of Pigulevskaya, FULL NAME8, to recognize as illegal the inaction of the bailiff of the Department of Bailiffs for the Leninsky District of the city of Ulyanovsk of the Office of the Federal Bailiff Service for the Ulyanovsk Region, Mirsaitova, FULL NAME9: on the assignment to the bailiff of the Department of Bailiffs for the Leninsky District of Ulyanovsk Office of the Federal Bailiff Service for the Ulyanovsk Region Olga Igorevna Mirsaitova is obliged to properly fulfill the requirements of the writ of execution - to refuse.

The decision can be appealed to the Ulyanovsk Regional Court through the Leninsky District Court of Ulyanovsk within a month from the date the court decision was made in final form.

Judge V. I. Rybalko

Court:

Leninsky District Court of Ulyanovsk (Ulyanovsk Region)

Other persons:

SPI OSP for the Leninsky district of Ulyanovsk Mirsaitova O.I.
UFSSP for the Ulyanovsk region.

Judges of the case:

Rybalko V.I. (judge)

Judicial practice on:

Sentence, failure to comply with sentence

Judicial practice on the application of Art. 315 of the Criminal Code of the Russian Federation

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People who turn to the court for support in collecting debt obligations hope that their rights will be protected and money will be demanded from the debtor. But due to the fact that the structure of justice is quite complex, the court’s decision is not yet the result of such disputes. After the orders are issued, the Bailiff Service takes over the work with debtors, which is directly involved in the collection of funds.

However, persistent defaulters usually continue to evade, despite the decisions of the judicial authorities, which creates difficulties for bailiffs, whose duties include searching for defaulters. It happens that BSC employees neglect their duties, or do not put enough effort into the matter. We will tell you how to file an administrative claim against a bailiff in our article, and you will also learn about what pre-trial actions you can take to make the wheel of justice turn.

Grounds for application

Speaking about administrative claims against the actions or inaction of bailiffs, it is worth understanding that in order to file such a complaint with the judicial authorities, there must be clear grounds. If the claim does not have a legal basis, the plaintiff may be held liable for abuse of the right to appeal.

Of course, the most common complaint against bailiffs is debtors who feel that the behavior of employees in the framework of debt collection activities is unlawful. But there are also complaints about the inaction of SSP employees. So, for example, a bailiff, whose duties include searching for the alimony, may refer to the impossibility of collection due to the absence of the debtor at the place of registration. Here the complainant will be the claimant, since we are talking about failure to fulfill the duties of an employee of the SSP.

All official duties and rights of bailiffs are enshrined in Federal Law No. 118, namely in Article 12. There is also Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 17, 2015 N 50 “On the application of legislation by courts when considering certain issues arising during enforcement proceedings ", where parts 8 - 16 prescribe the procedure for challenging the actions and inactions of the bailiff. If you are going to file an administrative claim against a bailiff, then the first thing you need to do is read the text of the legislation. By contacting a lawyer who has experience in drafting such statements, you will be able to prepare a claim and send it to court much faster. If you get a reliable lawyer, you can trust him to support your case and significantly increase your chances of success.

How to prepare?

It is worth understanding that going to court is a rather serious measure. The search for justice against an employee should not begin with this institution if there was no criminal intent in the actions of the bailiff. But everything, of course, depends on the specific situation, and only a competent lawyer will help you understand all the circumstances and determine the need to file a claim.

If, during the performance of his official duties, the bailiff exceeded his powers or acted unlawfully, this fact should be reported to the judicial authorities as soon as possible. Although missed deadlines in this case cannot be a reason for refusing to accept an application, the law establishes a 10-day period for filing claims against the actions of SSP employees in case of violation of the rights and legitimate interests of citizens.

In addition, it is worth considering that the bailiff has the right to appeal the charges brought against him. The period for considering a claim against the actions of a bailiff is 10 days, but the official has 1 month from the date of completion of the proceedings to appeal the court decision. The more justified your demands are, and the greater the evidence base indicating the illegality of the actions or inaction of the bailiff, the more chances you have to defend your interests.

Pre-trial settlement

If we are talking about the failure of an employee of the SSP to fulfill official duties, then it is worth starting to draw up a claim after a series of pre-trial appeals. Typically, the filing of such claims is due to the fact that the debtor does not see the results of the enforcement proceedings, that is, the debt has not been repaid within the time period appointed by the court. The first step will be to receive an explanatory note from the bailiff himself, which will explain the progress of the collection measures.

Having received an explanatory note from the bailiff, you can make a complaint to the management of the SSP, where you indicate that the employee’s actions on the writ of execution are being carried out in violation of the deadlines. As a rule, such complaints do not entail serious consequences for either the applicant or the bailiff, but the response you receive from the FSSP and the explanatory note can be attached to the statement of claim, thus indicating the need for judicial intervention.

Advice

You can use another method of influence that will force the bailiff service to pay more attention to your problem. By contacting the prosecutor's office, you can obtain an official audit in the SSP unit involved in collection. If violations are identified, the prosecutor will help you draw up an administrative claim against the bailiff.

How to apply?

The filing of a statement of claim is carried out according to the following structure and indicating the following information:

Heading of the claim:
- Name and address of the court where the claim is filed. Usually this is the district court at the location of the SSP branch where the employee whose actions are being appealed serves;
- Plaintiff: full name, registration and residence address, contact details;
- Defendant: Here it is worth indicating both the details of the specific bailiff and the details of the SSP department;
- Interested person: if the claim is filed by a judicial representative, or we are talking about protecting the interests of an organization, then either the data of the person affected by the actions/inaction of the SSP employee, or the name and details of the organization, are entered here, respectively.
Document title: “Administrative statement of claim against the actions/inactions of the bailiff”
The body of the document must contain the following information:
- Description of the specific fact of actions/inaction on the part of the bailiff, which are subject to appeal;
- Number of the writ of execution according to which the SSP employee acts as part of collection measures;
- Indicate attempts at pre-trial settlement, if any. It is worth attaching copies of letters, responses from the FSSP and the prosecutor's office to the statement of claim if you tried to resolve the problem without trial;
- Indicate the legal grounds for the statement of claim, that is, contradictions with articles of legislation that can be traced in the actions of the bailiff;
- The request must be drawn up in accordance with your requirements for a specific SSP employee and the entire organization as a whole. At the same time, you should not demand to punish the official, since this is the prerogative of the court, as is the imposition of a sanction, but you have every right to demand that the actions of the bailiff be declared illegal. Only a competent lawyer who is well acquainted with the case materials will help you work out this part of the application in detail;
- Application. In this paragraph it will be necessary to list all the documentation attached to the application, which must be present:
  - Copies of the statement of claim, by number of parties;
  - Documents on the basis of which the actions/inactions of the bailiff can be considered unlawful;
- Date of filing the claim;
- Applicant's signature with transcript;

When filing an administrative claim against a bailiff, it is worth keeping in mind that your actions may be regarded as an attempt to slow down enforcement actions, which will entail fines and other administrative measures. It is worth contacting an experienced administrative law lawyer who will help you in drafting, filing and filing a claim.

In __________ district court

Administrative plaintiff: ... (full name or name)
address: ... (place of residence or stay/
location);
(information about state registration,
for a citizen - date and place of birth)
telephone: …, fax: …,
email address: ...

Representative of the administrative plaintiff:
(data taking into account Art. , , , 57 CAS RF)

email address: ...

Administrative defendant: ... (name
territorial body of the Federal
bailiff service, full name
bailiff)
address: ..., telephone: ..., fax: ...,
email address: ...

Administrative claim
on invalidation of a court decision
bailiff

The administrative plaintiff is a party to enforcement proceedings No. __.

"__"________ __ year in enforcement proceedings No. __ the administrative defendant adopted Resolution No. __ on ... ( indicate the essence of the decision made) indicating the following reasons: ...

The administrative plaintiff considers the Resolution of the administrative defendant dated "__"________ __ year N ___ illegal, since it contradicts Art. __ Federal Law of October 2, 2007 N 229-FZ “On Enforcement Proceedings” ( and (or) indicate another regulatory legal act) and violates the rights and legitimate interests of the administrative plaintiff, namely: ......, which is confirmed by ... ( refer to available evidence).

Based on the above and guided by Part 1 of Art. 121, art. Art. 122, 128 of the Federal Law of October 2, 2007 N 229-FZ “On Enforcement Proceedings”, Art. Art. 218 - 220, 360 of the Code of Administrative Proceedings of the Russian Federation, I ask:

1. Declare illegal the Resolution of the administrative defendant dated "__"_______ __ year N ___ on ...... on enforcement proceedings N ___.

2. Oblige the administrative defendant to eliminate violations of the rights, freedoms and legitimate interests of the administrative plaintiff by…….

Application:
1. Copy of the Executive document dated "__"________ __ year N ___.
2. A copy of the Resolution of the administrative defendant dated "__"_________ __ year N ___.
3. Documents confirming the illegality of the adopted Resolution.
4. Documents confirming the violation of the rights and legitimate interests of the administrative plaintiff.
5. A copy of the administrative plaintiff’s complaint to a higher authority in the order of subordination ( or to a superior person in the order of subordination) to the Resolution of the administrative defendant.
6. A copy of the response from a higher authority in the order of subordination (or from a superior person in the order of subordination), if such a body or person considered a complaint on the same subject as indicated in the administrative statement of claim.
7. Notices of delivery or other documents confirming the delivery to other persons participating in the case of sent copies of the administrative statement of claim and documents attached to it that they do not have.

(Option: 7. Copies of the administrative statement of claim and documents attached to it to the persons participating in the case, which they do not have.).

8. Power of attorney of the representative of the administrative plaintiff dated "___"________ __ year N __ and a document confirming that the representative has a higher legal education ( if the administrative claim is filed by a representative).
9. Other documents confirming the circumstances on which the administrative plaintiff bases his claims.

"__"________ __ Administrative plaintiff (representative): __________/ Signature __________/ Full name.

To appeal certain actions of a bailiff, it is necessary to draw up and send a statement of claim to the judicial authorities. This claim is being prepared in accordance with the requirements of the CAS. If the application is made with errors, or the necessary information is missing, it will be returned without consideration or left without progress.

Submit an administrative claim against the actions of the bailiff to the court department of the district where the person performs his work duties. Ten days are given to appeal to the judicial authorities from the moment the plaintiff learns that his rights have been violated. If this deadline is missed, the statement of claim must be supplemented with a request for its restoration. Otherwise, the administrative petition for the actions of the bailiff will not be accepted.

How will this claim be processed?

In addition to the actions of the bailiff, you can challenge his inactions or decisions made. No more than ten days are given to consider the claim from the date the court receives the administrative application. When the proceedings reach a dead end or their procedural complexity is high, the period may be extended to one month. There are other rules for considering a claim:

the participants in the proceedings will be notified of the date, time and place of the meeting, but if any of them, or all of them, do not appear, the consideration of the case will not be postponed;
when the judge is ready to make a decision, but the case is highly complex, it is allowed to postpone the preparation of a reasoned decision for up to five days (this will be announced during the hearing);
if the statement of claim against the actions of the bailiff is satisfied, such a decision can be appealed within a month from the date of adoption;
when the decision has entered into legal force and is rendered in favor of the plaintiff, the bailiff must inform the applicant within thirty days about the implementation of the judge’s instructions.

In order for the proceedings to reach the execution of a court decision, the administrative petition must be correctly drafted. It is necessary to take into account the provisions of the law when writing a claim. Or, seek help from an experienced lawyer. He will not only draw up an appeal to the judicial authorities, but will also take part in the proceedings, achieving a positive decision on the application.

What information must be included in an administrative petition?

The document begins with information about the parties to the proceedings and the judicial authority. First, indicate the name of the court, and after the full name of the applicant, who is the administrative plaintiff, as well as information about the bailiff acting as the defendant. In addition to names, it is necessary to provide addresses, contact numbers, positions and other information useful in this matter. The introductory part of the administrative statement of claim against the actions of the bailiff must contain similar information about the interested parties. On their side is the claimant or the debtor.

After the name of the document itself, we must move on to revealing its essence. The main part of the application includes the following data:

date of initiation of enforcement proceedings (on the basis of which it was initiated);
what actions should be taken within the framework of this proceeding, which parties are involved in its execution (debtor and claimant);
provide the full name and contact information of such parties, as well as the total amount of the recovery;
what actions the bailiff performed in the performance of his duties (you must indicate only those actions that you are appealing in this proceeding);
then it must be reported that the applicant does not agree with the listed actions, and the rights of this person have been violated;
list the facts of violation of your own rights by the bailiff, referring to the attached evidence;
what articles of laws and other regulations or instructions the bailiff violates by his actions;
if the performance of the defendant’s duties was appealed pre-trial, describe what result this led to, when and to which person the complaint was filed, etc.;
when no complaint was filed against the actions of the bailiff, it is necessary to report this in the statement of claim.

The petition part indicates the applicant's requirements. It is necessary to ask that the defendant’s actions be declared illegal, listing once again exactly what actions violate the plaintiff’s rights. Here, please provide the details of the decision you are appealing. Then you need to list the documents attached to the application:

A copy of this application;
Resolution on initiation of proceedings by the bailiff;
The decision is subject to appeal;
Evidence of your own arguments;
Results of pre-trial attempts to solve the problem.

All documents must be copied and certified by a notary office. The administrative statement of claim against the actions of the bailiff ends with the signature of the person who applied and the date of its filing.

When should you file this type of claim?

Typically, such a petition is sent to the judicial authorities after the execution of the court order is delayed due to the fault of the bailiff, or he, through his actions, violates the rights of the plaintiff. In some cases, an administrative application is filed in order to delay the execution of a court decision.

In the latter case, going to court is fraught with additional troubles. Therefore, such a move should be entrusted to a qualified lawyer. If the grounds for filing a claim are more than real, this must be done in compliance with the deadlines established by law. Otherwise, you will have to ask the judge to extend the time for filing the application. If there are sufficient grounds, such a request will be granted.

What to pay attention to when filing an administrative petition?

In the descriptive part of the claim, you can refer not only to the actions of the bailiff that violate the rights of the applicant, but also to the inaction of this person. By lack of active actions, the bailiff delays the execution of the judge’s will, which has entered into legal force. As a result, the interests of the plaintiff (aka the claimant) suffer, or the applicant suffers a loss or other problems arise. All this must be indicated in the application. It is also advisable to resolve the situation out of court. Then the court will have a greater chance of successfully resolving the dispute. The main thing is to follow the procedure for filing a complaint with higher officials.

In addition to the inaction of the bailiff, the violation may be caused by illegal actions that go beyond the scope of his official powers. In this case, a preliminary complaint and its official response also increase the chances of a positive decision by the judge. Before writing a statement of claim, you must familiarize yourself with the materials of the enforcement proceedings. If it is unknown which person committed the illegal actions, the executive body is indicated as the defendant. There are many features in this area, which a qualified expert will help you understand.

The law provides for an alternative to appeal. Thus, a complaint against the actions of a bailiff (hereinafter referred to as SPI, civil servant) can be filed both in the order of subordination (to senior management, head of department - senior bailiff), and to a district court of general jurisdiction, or to an arbitration court of a constituent entity of the Russian Federation. This approach, it should be noted, is more effective, since it allows for a more independent assessment of the actions of a civil servant.

If, when filing an application in the order of subordination or an arbitration court, no questions of jurisdiction arise, then when sending an application to a district court of general jurisdiction, it is necessary to determine the administrative region to which the powers of the civil servant extend. (For example: if you appeal the actions of the SPI of the Zasviyazhsky district, then the complaint must be filed with the Zasviyazhsky district court of Ulyanovsk) In accordance with the current legislation, the application is considered by the court within ten days (Chapter 25 of the Code of Civil Procedure of the Russian Federation).

It is also necessary to pay attention to the deadline for appealing. Any actions (inaction) must be contested within 10 days from the date the action was committed, or from the day it became known, or could become known if the person was not properly notified.

be sure to indicate your surname, initials SPI, name of the Department;
Your demands for recognition of actions (inaction) as illegal;
What measures do you require to be taken to eliminate these violations? (For example: canceling the resolution in whole or in part; taking measures to enforce the requirements of the writ of execution; lifting the seizure of property; sending a copy of the writ of execution for deduction from the debtor’s income; searching for property).

Sample application (complaint) for submission in order of subordination

IN ___________________________

(name of the department if the complaint is sent in the order of subordination)

from ___________________________

(Applicant’s full name, address)

Interested person:___________

(name, address

bailiff)

Debtor (collector): ____________

(Name of the second party, address)

STATEMENT

on challenging the actions of the bailiff

"_"______ ___G. By order of the bailiff, enforcement proceedings were initiated on the basis of a writ of execution (court order) to recover from _____ (full name of the debtor) in favor of _____ (full name of the collector) the sum of ____ rubles.

During the execution of enforcement actions, the bailiff performed the following actions ____ (indicate the actions (inactions) that are being appealed by the applicant).

I do not agree with these actions, since they violate my rights ____ (indicate what the violation of the applicant’s rights is).

In accordance with Article 121 of the Federal Law “On Enforcement Proceedings”, decisions of the bailiff, their actions (inaction) can be challenged by the claimant, debtor or persons whose rights and interests are violated by such decision, actions (inaction). An application to challenge the decisions of an official of the bailiff service, his actions (inaction) is submitted in the order of subordination or to the court in the area of \u200b\u200bactivity of which the specified official performs his duties, within ten days from the date of the decision, commission of actions or from the day when the claimant , the debtor or persons whose rights and interests are violated by such a resolution, actions (inaction), became aware of the violation of their rights and interests.

Based on the above, guided by Articles 121, 123, 124, 127, 128 of the Federal Law “On Enforcement Proceedings”,

Recognize illegal actions of the bailiff _____ (list illegal actions (inactions), indicate details of the appealed decision). Oblige _____ (full name of the bailiff) to eliminate in full the violation of my rights.

Application:

Copy of application
A copy of the resolution to initiate enforcement proceedings
Appealed decision (written response)
Available documents confirming the arguments set out in the application

Signature, date.

Sample administrative statement of claim (for filing a complaint in court)

On September 15, 2015, the Code of Administrative Proceedings of the Russian Federation (hereinafter referred to as the Code of Administrative Procedure of the Russian Federation) came into force, while subsection 3 of the Code of Civil Procedure of the Russian Federation - proceedings in cases arising from public legal relations - became invalid.

Based on the foregoing, when filing applications to challenge the actions of bailiffs, you need to pay attention to the features and requirements introduced by the CAS of the Russian Federation for the form and content of applications submitted to the court.

In addition, we draw your attention to the fact that the CAS of the Russian Federation has introduced new requirements for the registration of powers of the applicant’s representative. In addition, according to Art. 55 of the Code of Arbitration Code of the Russian Federation, representatives in administrative court may be persons who have full legal capacity and are not under guardianship or trusteeship and having higher legal education.

At the same time, when filing an administrative claim in court, along with documents certifying the status and powers of the representative, representatives must provide documents about their education.

To the Zasviyazhsky District Court of Ulyanovsk

432028, Ulyanovsk, 50th anniversary of the Komsomol Ave., 23B

Administrative plaintiff:

Indicate the applicant's details, full name, registration address

Cont. telephone: ___________________

Administrative respondent:

The Bailiffs Department and the details of the person whose actions (inaction) are being disputed are indicated

Administrative respondent:

You can also indicate the FSSP Office as a co-defendant

ADMINISTRATIVE CLAIM STATEMENT

Name of the contested decision (action (inaction), body (official) that made this decision (performed this action (inaction), number, date of the decision (date and place of the contested action (inaction).

When challenging inaction, information about what it consists of is indicated (the body (a person vested with state or other public powers) avoids making any decisions or performing any actions in accordance with the duties assigned in accordance with the procedure established by law).

Other data regarding contested decisions, actions (inactions).

Information about the rights, freedoms and legitimate interests of the administrative plaintiff, which, in his opinion, are violated by the contested decision, action (inaction).

Regulatory legal acts and their provisions, for compliance with which contested decisions and actions (inactions) should be checked.

Information about whether a complaint was filed with a higher authority in the order of subordination or a person with a higher subordination on the same subject specified in the submitted administrative statement of claim. If one was submitted, the date of its submission and the result of its consideration are indicated.

Information about the impossibility of attaching to the administrative statement of claim any documents specified in Part 1 of Art. 126 CAS RF, namely:

notifications of delivery or other documents confirming delivery to other persons participating in the case, sent in accordance with Part 7 of Art. 125 CAS RF copies of the administrative statement of claim and documents attached to it, which they do not have;
documents confirming the circumstances on which the administrative plaintiff bases his claims;
powers of attorney or other documents certifying the powers of the representative of the administrative plaintiff, documents confirming that the representative has a higher legal education, if the administrative claim was filed by the representative;
documents containing information about the complaint filed in the order of subordination and the results of its consideration, provided that such a complaint was filed.

Requirement to declare illegal a decision, action (inaction) of a body (official).

Application:

Copies of the administrative statement of claim and documents attached to it according to the number of persons participating in the case (if there is no notice or other document confirming their delivery to these persons).
Documents confirming the circumstances on which the administrative plaintiff bases his claims regarding the number of persons participating in the case (if there is no notice or other document confirming their delivery to these persons).
A power of attorney or other document certifying the powers of the representative of the administrative plaintiff, a document confirming that the representative has a higher legal education, if the administrative claim was filed by the representative.
Documents containing information about the complaint on the same subject as indicated in the submitted administrative statement of claim, filed in the order of subordination, and the results of its consideration, as well as a copy of the response, provided that it was considered.