Drafting a lawsuit is a critical step in protecting your rights within the administrative legal process. This article provides a comprehensive guide on how to properly prepare and file an administrative statement of claim in court;

What is an Administrative Statement of Claim?

An administrative statement of claim is a written document submitted to a court of general jurisdiction or an arbitration court, through which an individual or legal entity seeks protection of their violated or disputed rights, freedoms, and legitimate interests in the field of public administration.

Requirements for the Form of the Claim

According to Article 219 of the Code of Administrative Procedure of the Russian Federation, the claim must be submitted in written form. The following requirements apply to the document:

• Legibility and clarity of the text
• Absence of corrections, erasures, or strikethroughs
• Sequential pagination
• Signature of the plaintiff or their representative

Structure of the Administrative Statement of Claim

Header (Introductory Part)

The header must contain the following information:

1. Name of the court to which the claim is being submitted
2. Information about the plaintiff (full name, address, contact phone number)
3. Information about the defendant (name of the state body entrusted, official, or other body)
4. Information about third parties (if any)

Descriptive Part

In this section, the plaintiff must indicate:

• Description of the disputed administrative act or action (inaction)
• Circumstances under which the right was violated
• References to violated legal norms

Motivational Part

This section contains:

1. Legal justification of the plaintiff’s position
2. References to legislation and judicial practice
3. Arguments refuting the defendant’s possible objections

Resolutive Part (Claims)

The plaintiff must clearly formulate their demands, for example:

• To recognize the administrative act as invalid
• To recognize the actions (inaction) of the body or official as unlawful
• To oblige the body or official to perform certain actions
• To compensate for material and moral damage

List of Attached Documents

The following must be attached to the claim:

1. Copy of the claim for the defendant and third parties
2. Document confirming payment of the state fee
3. Copy of the contested administrative act (if available)
4. Documents confirming the circumstances stated in the claim
5. Power of attorney of the representative (if the claim is filed by a representative)

Sample Administrative Statement of Claim

To the [Name] District Court

Plaintiff: Ivanov Ivan Ivanovich
Address: [address]
Phone: [phone number]
Email: [email]

Defendant: [Name of the body or official]
Address: [address]

Claim amount: [amount] rubles

STATEMENT OF CLAIM

on recognizing the administrative act as invalid and restoring the violated rights

[Date], [Name of the body or official] issued an administrative act [indicate number, date, essence of the act], which [describe the content of the act and the violation of rights].

In accordance with Article 219 of the Code of Administrative Procedure of the Russian Federation, I believe that the contested act [is unlawful/ violates my rights/ was adopted with violations of procedure].

Based on the foregoing and guided by Articles 219-220 of the Code of Administrative Procedure of the Russian Federation,

I REQUEST:

1. To recognize the administrative act [indicate number, date] as invalid.
2. To restore my violated rights by [indicate specific actions].
3. To oblige the defendant to [indicate specific actions].

Attachments:

1. Copy of the claim.
2. Receipt of payment of the state fee.
3. Copy of the contested administrative act.
4. [Other documents].

Signature: _______________

Important Recommendations

• Observe the statute of limitations. According to Article 219 of the Code of Administrative Procedure of the Russian Federation, the deadline for filing a claim is three months from the day the citizen learned or should have learned of the violation of their rights.
• Pay the state fee. The amount is determined in accordance with Article 333.19 of the Tax Code of the Russian Federation.
• Send a copy of the claim to the defendant. This is a mandatory requirement (Article 220 of the Code of Administrative Procedure of the Russian Federation).
• Keep proof of sending. This may be required in court.

Proper drafting of an administrative statement of claim is the key to successful protection of your rights. If you are unsure of your abilities, it is recommended to seek help from a qualified lawyer. Remember that errors in the claim may lead to its return or leaving without consideration.