Participating in the court session, in addition to the opposing party and the judge, you will see at least one more person who writes something down all the time. This is the secretary of the court session, and his job is to keep the minutes of the court session (PSZ).
Instructions
Step 1
Unknowingly, the participants in the trial attach little importance to this procedural document and it is safe to say that 80-90% of them have not seen it in their eyes. Of course, such a disregard for familiarization with the PSZ is a consequence of legal illiteracy. Being involved in the litigation, you need to know and remember that the PSZ is the most important document, which, among other things, indicates the statements, petitions and explanations of the persons participating in the case and their representatives. And every word written down behind you, as the American police say, "can be used against you in court." Moreover, both in the current trial and in possible future ones.
Step 2
In accordance with the procedural law, the CPS is considered by the court as written evidence. Now imagine, for example, the situation that you rent out your apartment, but you do not report this to the tax authority and do not pay taxes. And in the course of some court session you "let it slip", and information about who, when and for how much you rent an apartment to is recorded in the PSZ. Do you think such a PSZ can be used as evidence against you already in a tax offense case? That's right, maybe.
Step 3
It's good when everything is recorded correctly and accurately in the PSZ, but the secretary of the court session is also a person and nothing human is alien to him, including the risk of making a mistake. In order to have time to record everything that happens in the court session, the secretary is almost always forced to simplify the wording, "throw out" part of the words from the speech of the participants in the process. As a result, it turns out that it is not the direct speech of the participant in the process that is recorded in the PSZ, but something very close to it. It happens that the meaning of statements is distorted from this. Very often the participants in the process themselves are to blame for this, when they speak too quickly to be able to write everything down behind them, or they indistinctly express their thoughts. Of course, the civil procedural legislation allows the use of audio recording and other technical means by the court to ensure the completeness of the compilation of the CPS, but in practice, especially in the provinces, they are rarely used.
Step 4
So what should you do if you find an error in it while reviewing the PSZ?
Article 231 of the Civil Procedure Code of the Russian Federation establishes that the persons participating in the case and their representatives have the right, within 5 days from the date of signing the CPS, to submit in writing comments to the CPS with an indication of any inaccuracies or incompleteness in it. Remarks on the PSZ are considered by the judge who signed it - the presiding judge. In case of agreement with the remarks, the judge certifies their correctness, and in case of disagreement with them, he issues a reasoned ruling on their complete or partial rejection. And in fact, and in another case, the comments are attached to the case.
Step 5
In arbitration courts, the situation is somewhat different. In accordance with Article 155 of the Arbitration Procedure Code of the Russian Federation, audio recording during the court session is mandatory. Recording with the use of audio recording facilities is carried out continuously. A written PSZ is also compiled. The persons participating in the case have the right to familiarize themselves with the audio recording of the court session and the CPS and submit comments on the completeness and correctness of their preparation within three days after the signing of the CPS. The material carriers of the audio or video recording of the court session conducted by the person participating in the case may be attached to the comments. The arbitration court shall issue a ruling on the acceptance or rejection of comments on the PSZ. The comments on the PSZ and the court ruling are attached to the PSZ.
Step 6
As for the conduct of the PSZ when considering a criminal case in court, the peculiarity here is that the PSZ during the court session can be made in parts, which, like the PSZ as a whole, are signed by the presiding judge and the secretary of the court session. At the request of the parties, they may be given the opportunity to familiarize themselves with the parts of the protocol as they are made. Within 3 days from the date of familiarization with the PSZ, the parties can submit comments on it. Such comments are considered by the presiding judge promptly. If necessary, the presiding judge has the right to summon the persons who submitted comments to clarify the content of the comments. Based on the results of consideration of the comments, the presiding judge shall issue a resolution to certify their correctness or to reject them. The comments on the PSZ and the decision of the presiding judge are attached to the minutes of the court session.
As you can see, in civil, and in arbitration, and in criminal proceedings, the comments on the CPS brought by the participant in the process remain in the case materials, so even if the judge rejects the comments, you will have a good argument in your favor.
