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Changes prescribed to a month-old CAP
09.10.2015
The Code of Administrative Proceedings entered in force in mid-September. The need for it was being discussed within the legal community for a decade. However, amendments to the CAP have already been suggested, and the lawmaker will most likely approve them, even though the document has only just become law.
Andrey Orlov, Advocate with the Law Firm "YUST", discussed the dubious points of the CAP with Pravo.ru: "The draft does not take into consideration and largely repeats the drawbacks of the legal regulation of the order proceedings contained in the CPC, which cause breaches of the debtors’ rights. It does not determine the way of notification of the debtor about the court order that has been issued. Judges often send a copy of the court order to the debtor by non-registered letter. This, for a variety of causes, may lead to that the debtor becomes aware of a court order only at the stage of the executive proceedings".
In this connection, Andrey Orlov suggests including in the Code a provision, according to which a copy of the court order is to be sent to the debtor by registered mail with delivery notification: “The law must also directly specify that if the fact of actual notification of the debtor (receipt by the debtor of a copy of the court order) is not proven, the judge must repeal the order”.
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The Code of Administrative Proceedings entered in force in mid-September. The need for it was being discussed within the legal community for a decade. However, amendments to the CAP have already been suggested, and the lawmaker will most likely approve them, even though the document has only just become law.Andrey Orlov, Advocate with the Law Firm "YUST", discussed the dubious points of the CAP with Pravo.ru: "The draft does not take into consideration and largely repeats the drawbacks of the legal regulation of the order proceedings contained in the CPC, which cause breaches of the debtors’ rights. It does not determine the way of notification of the debtor about the court order that has been issued. Judges often send a copy of the court order to the debtor by non-registered letter. This, for a variety of causes, may lead to that the debtor becomes aware of a court order only at the stage of the executive proceedings".
In this connection, Andrey Orlov suggests including in the Code a provision, according to which a copy of the court order is to be sent to the debtor by registered mail with delivery notification: “The law must also directly specify that if the fact of actual notification of the debtor (receipt by the debtor of a copy of the court order) is not proven, the judge must repeal the order”.
Read more
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