Sample reasoned refusal based on the work completion certificate. Refusal to sign the work completion certificate

As Art. 48 of the Code of Civil Procedure of the Russian Federation, every citizen has the right to conduct his affairs in court either independently or through representatives. In this case, the representative can participate in the consideration of the case together with this citizen. The powers of the person who will represent the interests of the participant in court are formalized by an oral or written petition for the admission of a representative.

Let's consider who can be involved in court cases and how to correctly draw up and submit or submit a petition.

Who can be a representative

According to Art. 49 of the Code of Civil Procedure of the Russian Federation, any legally capable persons whose powers are duly formalized can represent the interests of citizens in court. Representatives in court, as a rule, are relatives or friends of the participants in the case who are knowledgeable in matters of law. The powers of such representatives are expressed in a power of attorney certified by a notary or an organization from the list in Art. 53 Code of Civil Procedure of the Russian Federation.

Most often, representatives are lawyers; their participation is carried out on the basis of a warrant issued to them by the bar association. Therefore, in such a situation, controversial issues do not arise.

Attention! Prosecutors, judges and investigators by law cannot be representatives of citizens in court (Article 51 of the Code of Civil Procedure of the Russian Federation).

What powers can representatives have?

A citizen’s representative can perform all necessary procedural actions on his behalf (Article 54 of the Code of Civil Procedure of the Russian Federation), such as: sign all documents, appeal court decisions, file counterclaims, change the subject and basis of the claim, etc. But all these actions must be clearly stated in the power of attorney.

How to properly submit and draw up a petition

This appeal to the court may be made orally during the hearing. Then the request is entered into the minutes of the court hearing. All powers of the representative are also listed verbally, which is also recorded.

A written request may be submitted to the clerk of the court before the hearing. There are no clear requirements for how the application should be completed. But it is better to use the typical structure of such statements for the court.

So, the text of the document must contain a header and a main part (divided into descriptive and operative parts).

A cap

This part is displayed in the upper right corner and contains the following information:

• name of the court, address;
• Applicant's full name, address, telephone number;
• case number.

Then the title of the document is written in the middle. In our case, this is a request for admission of a representative.

Main part

It begins with a description of the case: the names of the participants, the number and the subject of the dispute are indicated. Then the essence of this document is written: a message about the desire to exercise the right to attract a representative in court cases. Be sure to include a link to the article mentioned above. 53 Code of Civil Procedure of the Russian Federation.

The document is completed with a date and signature with a transcript.

What is important to know

You can involve a representative in both civil, criminal and administrative cases.

The passport details of the representative are not required to be indicated in the application, but they can be specified if desired.

The court has the right to reject a petition in cases where the document is drawn up incorrectly and/or an incapacitated citizen is chosen as a representative.

Sample petition for admission of a representative to participate in the consideration of a civil case.
Persons participating in the case have the right to have representatives in civil proceedings. Such a representative can be any person who is entrusted to perform relevant actions on behalf of the principal.
The powers of a lawyer participating in a case as a representative are usually confirmed by a warrant. The powers of other persons can be confirmed by a power of attorney, either certified by a notary or executed in simple written form. In addition, the authority of the representative can be confirmed orally, with this petition recorded in the minutes of the court session, or the proposed petition can be drawn up in writing and attached to the case file.
The extent of the powers available to him depends on how the powers of the representative are formalized. The widest range of powers can be vested in a representative by issuing an appropriate power of attorney. A power of attorney from citizens must be certified by a notary, or by an organization or person, a list of which is given in Article 53 of the Civil Procedure Code of the Russian Federation.
The powers of the representative to sign a claim, submit an application to the court, abandon the claim, amend the claim, enter into a settlement agreement, appeal against court decisions and rulings, receive money or other property, in accordance with Article 54 of the Civil Procedure Code of the Russian Federation, must be specifically stipulated in the power of attorney .
Typically, a written request for admission of a representative is also drawn up in the case where the applicant himself participates in the case simultaneously with the representative. In this case, the person participating in the case himself exercises all procedural rights, using the assistance of a representative for the purpose of providing consulting services.
There are no special requirements for filing an application for admission of a representative, but in order to avoid its misinterpretation, we recommend using the general rules for drawing up statements of claim in court.

IN _________________________
(name of court)
From _________________________________
(full name, address)
in civil case No. _____

STATEMENT

about the admission of a representative

The court has a civil case pending against _________ (full name of the plaintiff) against _________ (full name of the defendant).
In order to exercise the rights and legitimate interests granted to me by the Civil Procedure Code of the Russian Federation, I inform the court of my desire to use the services of a representative in this case, who will represent my interests upon a written application during the entire trial.
Based on the above, guided by Article 53 of the Civil Procedure Code of the Russian Federation,

Many people probably know what a motivated refusal is. With this official document, a person communicates his refusal to perform certain work or comply with requirements. A citizen who has received a reasoned refusal from government agencies has the right to go to court to protect his rights.

It is often necessary to justify your refusal if a person refuses to provide certain services, does not want to sign an agreement due to some of its conditions, or a certificate of work performed due to their unsatisfactory quality.

To draw up a reasoned refusal, it is important to have an initial document and analyze it. If you disagree with its points, you must indicate this in a written refusal, referring to the legislation.

Reasoned refusal to hire

According to the law, each employer has the right, at its own discretion, to resolve personnel issues related to the selection, distribution and dismissal of personnel. Often candidates for a particular position have to be rejected. In this case, the employer is obliged to justify his decision with legal acts.

For a refusal to hire to be justified, the employer must act as follows:

• make sure that the applicant is not a person prohibited by law from refusing employment;
• establish legitimate reasons for refusing to hire an applicant;
• notify the applicant of the refusal to hire, citing legal grounds;
• draw up a written reasoned refusal to hire if the applicant requires justification for a negative answer;
• hand over the refusal to the applicant in person or by mail.

Reasoned refusal to sign the work completion certificate

Disagreement to accept the completed work most often arises when resolving construction issues. Upon completion of construction work, the contractor is obliged to provide the customer with an acceptance certificate for the work performed. The second has the right not to sign this document, but his reasoned refusal must be justified by legislative acts.

A reasoned refusal to sign a work completion certificate may be based on the following points:

• the contractor did not complete the work within the agreed time frame, which is why the client’s interest in fulfilling the contract was lost. A refusal will be considered justified only if the customer provides evidence that the result of the work performed, due to the delay in its completion, has lost its significance and economic benefit for him;
• the contractor is not satisfied with the quality, volume and cost of the work performed. If the reasons for the refusal are based on shortcomings that the customer can eliminate independently, such a refusal is considered unmotivated;
• After the work was completed, the contractor did not invite the customer to receive them, and also did not submit the documents provided for in the contract.

If the client provides a reasoned refusal to accept the work, the contractor may submit to the court evidence that the work he performed is of high quality, completed in full and within the agreed period. If the court finds the refusal unmotivated, the customer is obliged to accept the finished work and pay the contractor for it in full.

Features of motivated refusal

Refusal to comply with certain requirements must be directed in an appropriate manner. To do this, it is necessary to hand over the document personally to the person to whom the refusal is sent, or by mail, and then receive confirmation of delivery of the documents to the recipient. If this is not done, it is impossible to establish that a reasoned refusal was nevertheless sent.

Often, contracts between the contractor and the client stipulate the deadlines for sending a reasoned refusal. If the client does not direct it within this period and does not accept the completed work, the contractor has the right to assume that it has been accepted by default. And sign the work acceptance certificate unilaterally. In this case, the customer is obliged to pay for the services of the contractor.

The company has entered into a contract or fee-based provision of services. If the counterparty performed the work or provided services of poor quality, you must draw up a reasoned refusal to accept it. Otherwise you will have to pay the counterparty.

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The obligation to pay for work or services arises only if the work is of adequate quality (Article 711). In order not to pay for poor-quality results, the customer must notify the contractor of his claims. As a rule, this notification is issued in the form of a claim or a reasoned refusal to accept.

If the contractor is inclined to dialogue, having received a refusal, he will send a representative to draw up a bilateral act with a list of shortcomings and agree on a time frame for their elimination.

If the contractor does not intend to carry out further work, a reasoned refusal will protect the customer in court. Such a document will be needed if the contractor refuses to correct the defects, but demands payment for poorly performed work or services provided (Article 783 of the Civil Code of the Russian Federation).

When a reasoned refusal to accept work is required

Refusal to accept work or services will be necessary when the contractor improperly fulfilled the obligation, but requires the customer to accept and pay for the work or services.

If you do not send a reasoned refusal to the contractor, the latter may consider that the customer is avoiding acceptance. In this case, the contractor will make the appropriate mark on the work acceptance certificate and demand payment under a unilateral act (paragraph 2, part 4, article 753 of the Civil Code of the Russian Federation). In such a situation, there is a risk that the court will side with the performer ().

Example from judicial practice: the court collected the debt under the government contract. He found out that the contractor sent the customer an acceptance certificate for the work performed and a certificate of cost. It turned out that the customer did not provide a reasoned refusal to sign the received documents. He did not set out a list of complaints about the work performed, nor did he make a demand for the elimination of defects and shortcomings. There is no evidence of such comments directed at the performer in the case materials ().

Such a document must be drawn up by the production and legal departments. A lawyer is not required to know technical details (for example, violation of SNiPs or other requirements for work or services). The list of specific violations is usually compiled by specialists. They forward the information to the legal department. The lawyer draws up comments and provides links to the terms of the contract and the law. He independently directs or controls the proper transmission of the reasoned refusal to the contractor. In such a situation, it will be difficult for the contractor to demand payment, since the customer will have a document that confirms the direction of the reasoned refusal. A reasoned refusal must also be drawn up if the contractor provided poor quality services. This will help you refuse to pay for them ().

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Why do you need to justify refusal to accept work?

The document will have to explain why the customer does not accept the result. Manufacturers may point out deficiencies in the work, but forget to refer to a specific clause or condition of the contract that the contractor violated. The lawyer needs to indicate in a reasoned refusal the obligations under the contract that the contractor performed improperly.

If the contractor has presented a poor-quality result and does not intend to eliminate the defects, a reasoned refusal will be drawn up not so much for him, but for the court. Clear wording and references to sections and clauses of the contract will help resolve the dispute faster. Otherwise, additional documents will be required. Any inaccuracies will become a clue in court, which will allow the contractor to challenge the refusal and demand payment. For example, the court considered that the refusal to accept was unmotivated. He concluded that the services were provided and subject to payment ().

Vague formulations will cause difficulties if the customer undertakes to eliminate defects on his own or entrusts the work to third parties. It will not be possible to recover damages caused by improper performance of the first contractor ().

How to justify refusal to accept work

The parties have the right to determine the form of reasoned refusal in the annex to the agreement. It can be presented in the form of a table, where there will be a column for the clause of the contract that the contractor violated, and a column for comment. Such a framework will force you to write comments briefly and to the point.

A reasoned refusal cannot be based only on comments on the acceptance certificate. It is necessary to indicate specific circumstances that do not comply with the terms of the contract. If the refusal consists entirely of organizational comments, the court may consider it unmotivated ().

You also cannot limit yourself to describing errors in the procedure and timing of sending the report and refer to non-compliance with the regulations. For example, acts for the acceptance of work on the construction of a facility are first viewed and endorsed by the site manager. This condition is stated in the contract. This is logical, since the customer’s representative at the work site will see the result faster than anyone else. He is able to evaluate quality because he observes the process every day. His signature signals to the customer's production department that the work has been properly completed by the contractor. However, the absence of such a visa on the act in itself will not become a reasoned basis in court for refusing to accept the work.

The customer has the right not to accept work only if he discovers fatal deficiencies that exclude the possibility of using the result (Clause 6, Article 753 of the Civil Code of the Russian Federation). In this case, the contractor will not be able to present a unilateral certificate of acceptance of the work result for payment. Such a document is recognized as valid only if the reasons for refusing to sign the act are recognized as unfounded (paragraph 2, paragraph 4, article 753 of the Civil Code of the Russian Federation).

If the customer refers only to organizational issues, the contractor will make a note in the act indicating the customer’s refusal to sign. After this, he has the right to present a unilateral act for payment. Courts do not consider violation of regulations to be an objective basis for not accepting work or services. Such a refusal is considered unmotivated. It does not give the customer the right to withhold payment if the contractor properly performs his duties ().

There are situations when the parties prescribe conditions that are unfavorable for the performer, for example:

“The parties established that the absence of any of the as-built documents, as-built schemes, or acts for hidden work is recognized as a basis for the contractor’s reasoned refusal to sign acts of acceptance of work performed and payments.”

If the customer refuses to accept the work, citing solely the lack of documentation or an electronic version of the acts, the court will recognize the refusal as unmotivated. For example, the court considered that the customer was abusing his right by refusing to accept the work, citing an incomplete list of submitted documentation (decrees,).

On the contrary, the customer does not have an obligation to pay for the work if the contractor has not fulfilled his obligations. For example, the court considered the customer’s reasoned refusal to accept the work to be legitimate. The contractor did not complete the set of works that the parties approved in the contract, and the court rejected the claim for debt collection ().