| Abstrakt: |
The article is devoted to the analysis of the procedure for review of a decision in absentia in a civil proceeding by a court of first instance and its procedural consequences. It is noted that there is a special and general procedure for reviewing a decision in absentia in a civil process, where submitting an application for review of a decision in absentia to the court that passed it is considered as a special procedure for reviewing it. It is indicated that this procedure can be considered in the context of self-control of the court of first instance in civil proceedings. The subjects of submitting an application for review of a decision in absentia, its form, content, terms and procedure of submission are analyzed. Attention is drawn to the attachments to the application for review of the decision in absentia. It is indicated that the defendant has the right to submit such an application even if the decision in absentia is passed in his favor. An application for review of a decision in absentia may not be considered by the court and returned to the person if he has not registered an electronic office in the Unified Judicial Information and Telecommunication System. Until such a person registers an electronic account, he cannot demand the cancellation of a decision in absentia. The specified procedural consequences also occur if the interests of a person who has not registered an electronic account are represented by a lawyer who has a registered electronic account. This manifests a limitation in a person's ability to protect his rights, freedoms and interests in court. The procedure for considering an application for review of a decision in absentia is analyzed, and the grounds for court rulings on the satisfaction of such an application and cancellation of the decision in absentia or leaving the application unsatisfied are investigated. It is noted that the satisfaction of the application for review of the decision in absentia does not yet mean the adoption of the court decision automatically in favor of the defendant, since the consideration of the case starts from the beginning on general principles. The court will schedule a new court session to consider the merits of the case, informing all interested participants in the process. Attention is drawn to the peculiarity of the defendant's exercise of the right to appeal against a decision in absentia or a repeated decision in absentia, and it is also indicated under which conditions this is possible. It is noted what to do if an application for annulment of a decision in absentia by the defendant and an appeal by the plaintiff was filed at the same time. [ABSTRACT FROM AUTHOR] |
