Last reform published in the DOF 24 December 2013
VICENTE FOX QUESADA, President of the United Mexican States, to its inhabitants known:
That the Honorable Congress of the Union, has served to address the following
"THE GENERAL CONGRESS OF THE MEXICAN UNITED STATES, DECREES:
THE FEDERAL LAW OF ADMINISTRATIVE LITIGATION PROCEDURE IS SET OUT.
From The Federal Administrative Trial
ARTICLE 1o.- Trials to be promoted before the Federal Court of Justice and Administrative Justice shall be governed by the provisions of this Law, without prejudice of the international treaties that Mexico is a party to. In the absence of express provision, the Federal Code of Civil Procedures will be applied in an additional way, provided that the provision of this last order does not contravene those that regulate the federal administrative litigation that establishes this Law.
When the resolution recurs to an administrative appeal, it does not satisfy the legal interest of the appellant, and this is the counterfactual in the administrative litigation federal, it is understood that at the same time, the contested decision is contested in the part that continues to affect it, being able to assert concepts of impeachment not raised in the resource.
In addition, where the decision to an administrative appeal declares as a non-filed or disclaims it as inadmissible, provided that the competent Regional Chamber determines the The Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justicethe European Union
ARTICLE 1-A.- For the purposes of this Law:
I. Acknowledgement of Electronic Receipt: A record of proof that a digital document was received by the Court and will be subject to the same regulation applicable to the use of an advanced electronic signature. In this case, the electronic acknowledgement of receipt shall identify the Chamber which received the document and shall be presumed, unless proof to the contrary, that the digital document was received at the date and time specified in the document. The Court shall establish the means for the parties and those authorised to receive notifications to verify the authenticity of the electronic acknowledgments.
II. Electronic File: Information contained in text, image, audio or video generated, sent, received or archived by electronic, optical or any other technology that is part of the Electronic File.
III. Electronic Bulletin: Electronic electronic communication medium, through which the Court gives the Court's actions or decisions in the trials Federal administrative disputes that are dealt with by the same.
IV. Access key: Single set of alphanumeric characters assigned by the Court's Online Justice System to the parties, as a means of identification of the persons empowered in the judgment in which they promote to use the System, and assign them the privileges of consultation of the respective file or send electronic means of promotions concerning the procedural actions with the use of the advanced electronic signature in an administrative litigation procedure.
V. Password: Single set of alphanumeric characters, assigned in a confidential manner by the Court's Online Justice System to users, which allows to validate the identification of the person assigned a Key of Access.
VI. Email Address: System of communication through computer networks, pointed out by the parties in the federal administrative litigation.
VII. Institutional Email Address: System of communication through computer networks, within the domain defined and provided by the governmental organs to the public servants.
VIII. Electronic Document or Digital: Any data message containing text or writing generated, sent, received or archived by electronic, optical or any other technology that is part of the Electronic File.
IX. Electronic file: A set of information contained in electronic files or digital documents that make up a federal administrative litigation, regardless of whether it is text, image, audio or video, identified by a specific number.
X. Digital Signature: Graphic identification in the Online Justice System, consisting of the digitalization of a self-graphic signature by means of an electronic device, which is used to recognize its author and express its consent.
XI. Advanced Electronic Signature: Set of data recorded in an electronic message attached or logically associated with it that allows the identification of its author through the online Justice System, and which produces the same legal effects that the signature autograph. The electronic signature allows for action on Online Judgment.
XII. Judgement on the traditional path: The federal administrative litigation that is substance receiving the promotions and other documentaries in manuscript or on paper, and forming a file also on paper, where procedural actions are added, even in cases where the summary procedure is appropriate.
XIII. Trial online: Substantiation and resolution of the federal administrative litigation in all its stages, as well as the procedures foreseen in the Article 58 of this Law, through the Online Justice System, even in cases where it is coming from the summary route.
XIV. Judgment on the road Sumaria: The federal administrative litigation in those cases referred to in Chapter XI of Title II of this Law.
XV. Online Justice System: Computer System established by the Court for the purpose of recording, controlling, processing, storing, disseminating, transmitting, managing, administering and notifying the administrative litigation procedure that is substantiated before the Court.
XVI. Court: Federal Court of Justice and Administrative Justice.
ARTICLE 2o.- The federal administrative litigation, proceeds against the final administrative resolutions established by the Organic Law of the Court Federal Tax and Administrative Justice.
The administrative acts, decrees and agreements of a general nature, various to the Regulations, where they are self-implementing or when the interested in joining the first act of implementation.
The authorities of the Federal Public Administration will have action to dispute an administrative resolution favorable to a particular one when it considers that it is contrary to the law.
ARTICLE 3o.- They are parties to the administrative litigation:
I. The plaintiff.
II. The Defendants. They will have that character:
a) The authority that dictated the contested resolution.
b) The particular to whom the resolution favors the modification or nullity of the administrative authority.
c) The Head of the Tax Administration Service or the owner of the deconcentrated or decentralized agency or agency that is a party to the judgments in which Resolutions of coordinated federative authorities, issued on the basis of conventions or agreements on coordination, shall be countered in respect of matters falling within the jurisdiction of the Court.
Within the same period as the requested authority, the Secretariat of Finance and Public Credit may be able to act as part of the trials in which it is Reverse the tax interest of the Federation.
III. The third party that has a right incompatible with the claimant's claim.
ARTICLE 4.- Any promotion must contain the autograph signature or the advanced electronic signature of the person who formulates it and without this requirement it will be unpresented. When the person in a trial in the traditional way, does not know or cannot stamp his signature autograph, he will stamp in the document his fingerprint and in the same document another person will sign his request.
When the resolution affects two or more persons, the claim must be signed by each person, and appoint a common representative to choose from among themselves, if they do not do so, the Instructor Magistrate shall appoint to any of the persons concerned, upon admission of the application.
ARTICLE 5o.- Before the Court, business management will not proceed. Whoever promotes in the name of another must prove that the representation was granted to him at the latest on the date of the filing of the claim or the response, if any.
The representation of the individuals will be granted in public deed or letter of power signed before two witnesses and ratified the signatures of the grantor and witnesses before notary or before the secretaries of the Court, without prejudice to the provisions of the legislation of the professions. The representation of minors will be exercised by the one who has the parental authority. In the case of others unable, of succession and absent, representation will be credited with the respective judicial resolution.
The representation of the authorities will be the responsibility of the administrative units responsible for their legal defense, as the Federal Executive has in its Rules of Procedure. or a respective decree and, if applicable, as provided by the Federal Law on State Parahold Entities. For the authorities of the coordinated Federative Entities, as established by the local provisions.
Individuals or their representatives may authorize in writing to a licensed person that in their name they receive notifications. The authorized person may make processing promotions, provide evidence, present pleadings, and file appeals. The authorities may appoint delegates for the same purposes. Independently of the foregoing, the parties may authorise any person with legal capacity to hear notifications and to impose themselves on the cars, who shall not enjoy the other powers referred to in this paragraph.
ARTICLE 6o.- In the trials that are dealt with before the Court, there will be no condemnation in the coasts. Each party shall be responsible for its own expenses and those arising from the proceedings they promote.
There will be only place to be ordered to pay the costs in favor of the requested authority, when resolutions are contracted for notoriously delaying purposes.
For the purposes of this article, the actor will be understood to have notoriously dilatory purposes when a sentence that recognizes the validity of the The contested decision is economically beneficial for procrastination, execution or enforcement, provided that the concepts of challenge formulated in the application are notoriously imparted or unfounded. Where the law provides that the amounts due are increased with an inflation update and with some interest rate or surcharges, it is understood that there is no economic benefit from the delay.
The defendant authority must compensate the individual concerned for the amount of damage caused, when the administrative unit of that body commits The Court of First Instance held that the Court of First Instance held that the Court of First Instance held that the contested decision was rejected. There will be severe missing when:
I. Be nullified by absence of substantiation or motivation, in terms of the fund or the competition.
II. Be contrary to a case law of the Supreme Court of Justice of the Nation regarding legality. If the case-law is published after the response, there is no serious fault.
III. Be nullified in accordance with Article 51, fraction V of this Law.
The judgment in costs or compensation provided for in the second and third paragraphs of this article shall be claimed through the respective incident, which is shall be processed as provided for in the fourth paragraph of Article 39 of this Law.
ARTICLE 7o.- Members of the Court incur liability if:
I. Express your judgment on the issues you are aware of, outside of the opportunities that this Law allows you to do.
II. Report to the parties and in general to persons outside the Court on the content or sense of the jurisdictional decisions, before they are issue and in other cases, prior to their formal notification.
III. Report the procedural status that the trial holds for persons who are not authorized by the parties in the terms of this Act.
IV. Dan to know reserved confidential or commercial information.
From the Improvenance and the Envelope
ARTICLE 8o.- The trial before the Court is imparted in the cases, by the causes and against the following acts:
I. That do not affect the legal interests of the plaintiff, except in cases of legitimization expressly recognized by the laws governing the contested act.
II. That it is not up to you to know the Court.
III. That they have been the subject of a judgment given by the Court, provided that there is an identity of parties and that the same act is contested, even if the alleged violations are diverse.
IV. When there is consent, it is understood that there is consent if any means of defense were not promoted in the terms of the respective laws or judgment. before the Court, within the time limits indicated by this Law.
It is understood that there was no consent when an administrative decision or part of it is not contested, when it derives or is a consequence of that other one that has been expressly contested.
V. That they are a matter of a resource or judgment that is pending resolution before an administrative authority or before the Court itself.
VI. That they may be challenged by means of any resource or means of defense, with the exception of those whose interposition is optional.
VII. Related to another that has been challenged by means of a different resource or means of defense, when the law provides that the same path must be exhausted.
For the purposes of this fraction, it is understood that there is a connection provided that the causes of accumulation provided for in Article 31 of this Law are met.
VIII. That they have been challenged in a court proceeding.
IX. Against Regulations.
X. When no challenge concepts are asserted.
XI. When of the car constances it appears clearly that the contested resolution or act does not exist.
XII. That may be challenged under the terms of Article 97 of the Foreign Trade Act, when the time limit for the exercise of the option has not elapsed. when the option has already been exercised.
XIII. Dictated by the administrative authority to comply with the decision that emanates from the alternative dispute settlement mechanisms refers to Article 97 of the Foreign Trade Act.
XIV. That they have been dictated by the administrative authority in a dispute resolution procedure provided for in a treaty to avoid double taxation, if such a procedure was initiated after the decision on a remedy for revocation or after the conclusion of a judgment before the Court.
XV. That are resolutions issued by foreign authorities that determine taxes and their accessories for which collection and collection have been requested Mexican tax authorities, in accordance with the provisions of international treaties on mutual assistance in the recovery of which Mexico is a party.
The judgment is not inadmissible when the aforementioned acts of collection and recovery are challenged by own vices.
XVI. In other cases where the impropriety results from any provision of this Law or a tax or administrative law.
The provenance of the trial will be examined on its own.
ARTICLE 9o.- Dismissal is appropriate:
I. By withdrawal of the claimant.
II. When any of the causes of inprovenance referred to in the previous article are displayed or exceeded during the trial.
III. In the event that the plaintiff dies during the trial if his claim is untransmittable or, if his death, leaves the process without matter.
IV. If the requested authority leaves the contested decision or act without effect, provided that the applicant's claim is satisfied.
V. If the judgment is left without matter.
VI. In other cases where there is no legal provision for a resolution as to the substance of the substance.
The dismissal of the trial may be total or partial.
Of Impediments And Excuses
ARTICLE 10.- The magistrates of the Tribunal will be prevented to know, when:
I. Have personal interest in the business.
II. Sean spouses, consanguineous relatives, likeminded or civil of one of the parties or of their employers or representatives, in a straight line without limitation of degree and in transverse line within the fourth grade by consanguinity and second by affinity.
III. Have been employers or proxies in the same business.
IV. Have close friendship or enmity with either party or with your employers or representatives.
V. Hayan dictated the contested resolution or act or has intervened with any character in the issuance of the same or in its execution.
VI. Are listed as part of a similar judgment, pending resolution.
VII. Be in a situation that may affect your impartiality in an analogous or more serious manner than those mentioned.
Tribunal experts will be prevented from ruling in the cases referred to in this article.
ARTICLE 11.- The magistrates have a duty to excuse themselves from the knowledge of the business in which one of the impediments mentioned in the article occurs. above, specifically expressing what the impediment consists of.
ARTICLE 12.- Manifesting by a magistrate the cause of impediment, the President of the Section or the Regional Chamber will take the matter to the President of the Court, the purpose of qualifying it and, if it is founded, the terms of the Organic Law of the Federal Fiscal and Administrative Court of Justice.
Of Judgment Substantiation and Resolution
ARTICLE 13.- The plaintiff may present his or her claim, by way of judgment in the traditional way, in writing to the competent regional room or, online, through the Online Justice System, for the latter case, the claimant must state his/her choice at the time of filing the claim. Once the claimant has chosen his/her choice, he/she will not be able to change it. When the authority has this character the claim will be filed in all cases online through the Online Justice System.
For the case that the plaintiff does not manifest his/her choice when filing his/her claim it will be understood that he chose to process the Judgment on the traditional track.
The claim must be filed within the time limits listed below:
I. For forty-five days following that in which you have any of the assumptions following:
(a) The notification of the contested decision has been taken for purposes, which is determine in accordance with the law applicable to the law, including when a general administrative rule is simultaneously counteracted as the first implementing act.
b) The decree, agreement, act or administrative resolution of the General character contested when it is self-applicable.
II. Of forty-five days following that in which the notification of the judgment of the Chamber or Section which has known a complaint, decides that the complaint is inappropriate and must be treated as a judgment. To this end, it shall prevent the person from promoting the application against the final administrative decision.
III. Five years when the authorities demand the modification or nullity of a (a) a decision in favour of a particular person, which shall be counted from the day following the date on which it was issued, unless there has been any effect of the following, in which case the amendment or invalidity may be sought at any time without exceeding five years of the last effect, but the effects of the In case of total or partially unfavourable judgment for the individual, the judgment shall only be rolled back to the five years preceding the filing of the application.
When the plaintiff has his domicile outside the population where the Chamber is located, the complaint may be sent through the Mexican Post, certified mail with acknowledgement of receipt, provided that the consignment is carried out at the place where the complainant resides, and may in this case indicate as the address for the receipt of notifications, the address in any part of the national territory, except where it has its registered office; within the jurisdiction of the competent Chamber, in which case the appointed for This effect must be located within the territorial district of the Chamber.
When the person concerned dies during the trial period, the time limit shall be suspended for up to one year, if the position of representative of the succession has not been accepted before. The deadline for filing the lawsuit will also be suspended if the individual asks the tax authorities to initiate the dispute settlement procedure contained in a treaty to avoid double taxation, including, if necessary, the Arbitration procedure. In such cases the suspension shall cease when the decision giving the termination of the procedure is notified, including in the event that it is terminated at the request of the person concerned.
In cases of incapacity or declaration of absence, decreed by judicial authority, the time limit for filing the federal administrative litigation will be suspended. for up to one year. The suspension shall cease as soon as it is established that the position of guardian of the absent or legal representative of the absentee has been accepted, being to the detriment of the person concerned if, during the period referred to above, it is not provided for its representation.
ARTICLE 14.- Demand must indicate:
I. The name of the plaintiff, the tax domicile and his domicile to hear and receive notifications within the jurisdiction of the competent Regional Chamber, as well as his e-mail address, when he chooses to do so because the judgment is substantial online through the Online Justice System.
The indication that it will be processed on the Via Sumaria. In the event of omission, the Instructor Magistrate will process it in this way in the cases that proceed in accordance with Title II, Chapter XI of this Law, however it will not be cause for the discarding of the demand, the fact that it does not present itself within the term established for the purpose of the promotion of the Judgment in the Via Sumaria, where the provenance of the judgment derives from the existence of any of the case-law referred to in the preceding paragraph of Article 58-2; in any case if the Magistrate Instructor, before admitting the lawsuit, warns that the concepts of impeachment raised by the plaintiffs are related to one of the aforementioned case-law, will provide the conduct for the substantiation and resolution of the Judgment in the Ordinary Way.
II. The resolution being challenged. If a decree, agreement, act or resolution of a general nature is countered, it shall specify the date of its publication.
III. The requested authority or authorities or the name and address of the particular defendant when the trial is promoted by the administrative authority.
IV. The facts that cause the demand.
V. The tests that you offer.
In the event of an expert or testimonial proof, the facts on which they are due shall be specified. address and identify the names and addresses of the expert or witnesses.
Where it offers documentary evidence, it may also provide the administrative file in which it is has issued the contested decision.
An administrative file is understood to contain all the information related to the the procedure which gave rise to the contested decision; that documentation shall be that which corresponds to the initiation of the proceedings, the subsequent administrative acts and the contested decision. The referral of the administrative file shall not include the actor's private documentaries, unless specified as offered. The administrative file shall be sent in a single copy by the authority, which shall be in the relevant Chamber at the disposal of the parties seeking to consult it.
VI. The concepts of impeachment.
VII. The name and address of the third party concerned, where there is one.
VIII. What is called for, pointing out in case of a conviction, the amounts or acts whose compliance is demanded.
In each case, only one plaintiff may appear, except in the case of the challenge of related resolutions, or that the legal interests of two are affected. or more persons, who may promote judgment against such decisions in a single application.
In cases where they are two or more plaintiffs, they will exercise their choice through a common representative.
In the demand that they promote two or more persons in contravention of the provisions of the previous paragraph, the Instructor Magistrate will require the the time limit of five days each of them has its corresponding claim, warning that failure to do so will discard the initial demand.
When the name of the claimant is omitted or the data specified in fractions II and VI, the Instructor Magistrate shall discard the application for the application. If the data provided for in fractions III, IV, V, VII and VIII are omitted, the Instructor Magistrate will require the advocate to point out within the five-day term, warning that failure to do so in time will not be demand or for not offering the evidence as appropriate.
If at the place indicated by the actor as the address of the third party, it shall be denied that it is the third party, the plaintiff shall provide the Tribunal with sufficient information to proceed to their first search, following the rules laid down in the Federal Code of Civil Procedures.
In the event that the applicant's home is not registered to receive notifications in accordance with the provisions of section I of this article, those corresponding to the be made in the same way, they shall be made by Electronic Bulletin.
ARTICLE 15.- Plaintiff must attach to its claim:
I. A copy of the same and the attached documents for each of the parties.
II. The document that accredits his or her personality or in which it is acknowledged by the requested authority, or to indicate the record data of the document with which it is accredited to the Court, when it does not manage on its own behalf.
III. The document on which the contested decision is made.
IV. In the event that a negative resolution is challenged, it must accompany a copy in which it covers the receiving stamp of the unresolved instance. expressly by the authority.
V. The constancy of the notice of the contested resolution.
VI. When no notification has been received or the notification has been performed by post, it shall be stated in the statement of claim, stating the the date on which the notification was made. If the defendant's authority when answering the complaint asserts its extemporaneity, annexing the notification constances in which it supports it, the Instructor Magistrate shall proceed as provided for in Article 17, fraction V, of this Law. If, during the period provided for in Article 17, the legality of the notification of the contested decision is not contravened, the notification shall be deemed to be legal in the event of a decision.
VII. The questionnaire to be written off by the expert, which must be signed by the plaintiff.
VIII. The interrogation for the proof of proof of proof, which must be signed by the plaintiff in the case referred to in the last paragraph of Article 44 of this Law.
IX. The documentary evidence to offer.
The applicants must point out, without accompanying them, the documents which were considered in the administrative procedure as confidential information or reserved commercial. The Room will prompt for documents before closing the instruction.
When documentary evidence is not held by the complainant or when he could not have obtained them, despite the fact that they are legally present in his/her provision, the latter must indicate the file or place in which it is located so that copies of them may be issued to their coast or their remission is required, where this is legally possible. For this purpose, the documents must be accurately identified and, in the case of the documents which may be available to them, it shall be sufficient for them to accompany a copy of the application duly submitted at least five days prior to the interposition of the It is understood that the plaintiff has at his disposal the documents, when legally he can obtain authorized copy of the originals or the constances.
If the documents referred to in this precept are not attached to the application, the Instructor Magistrate will require the customer to present them within the time limit. five days. Where the person is not present within that period and the documents referred to in fractions I to VI are concerned, the application shall not be filed. In the case of the tests referred to in fractions VII, VIII and IX, the tests shall not be offered.
When in the document on which the contested decision referred to in paragraph III of this Article is concerned, reference is made to confidential information provided by independent third parties, obtained in the exercise of the powers which in the field of transactions between related parties establishes the Law of Income Tax, the plaintiff shall refrain from disclosing such information. The confidential information referred to in the abovementioned law may not be made available to those authorised in the application to hear and receive notifications, except in the case of the representatives referred to in Articles 46, IV, fifth paragraph and 48, fraction VII, second paragraph of the Fiscal Code of the Federation.
ARTICLE 16.- When it is alleged that the administrative decision was not notified or that it was unlawfully, provided that it is the case in the trial federal administrative litigation, will be the following rules:
I. If the plaintiff claims to know the administrative resolution, the concepts of impeachment against its notification and against the resolution itself, must be made be in demand, in which she will manifest the date when she met her.
II. If the actor manifests that he does not know the administrative resolution he intends to challenge, he will express it in his lawsuit, pointing to the authority to whom the attributes, its notification or its execution. In this case, when the application is answered, the authority shall accompany the administrative decision and its notification, which the actor must combat by means of an extension of the application.
III. The Court will study the concepts of challenge expressed against the notification, prior to the examination of the grievances expressed against the administrative resolution.
If you resolve that there was no notification or that it was illegal, you will consider that the actor was aware of the administrative resolution from the date you stated or in the which was made known to him, in the case, without any effect, everything acted on the basis of that notification, and shall proceed to the study of the challenge that had been made against the decision.
If it resolves that the notification was legally practiced and, as a result of this, the lawsuit was filed extemporaneously, the judgment in relation to the Administrative resolution.
ARTICLE 17.- The application may be extended within 20 days of the date on which the notification of the agreement that supports its response takes effect. in the following cases:
I. When a negative is challenged.
II. Against the main act of which the contested decision derives in the claim, as well as its notification, when they are disclosed in the reply.
III. In the cases provided for in the previous article.
IV. When in response, questions are introduced which, without violating the first paragraph of Article 22, are not known to the actor when presenting the demand.
V. When the defendant authority raises the overstatement of the judgment by extemporaneity in the filing of the lawsuit.
In the application extension document the name of the actor and the judgment in which it is acted must be noted, and must be attached, with the necessary copies for the transfer, the evidence and documents that are presented in their case.
When documentary evidence is not held by the complainant or when he could not have obtained them, despite the fact that they are legally present in his/her Article 15 of this Law shall apply to the provisions of the third paragraph of Article 15 of this Law.
If the copies referred to in this article are not attached, the Instructor Magistrate will require the advocate to present them within five days. If the consumer does not submit them within that period, the extension to the application shall be without a submission. In the case of documentary evidence or questionnaires directed to experts and witnesses, as referred to in paragraphs VII, VIII and IX of Article 15 of this Law, they shall be held for not being offered.
ARTICLE 18.- The third party, within forty-five days following the one in which the claim is being moved, may be brought into judgment in writing. which shall contain the requirements of the application or the defence, as the case may be, as well as the justification for its right to intervene in the case.
You must attach to your letter, the document in which your personality is credited when you do not manage in your own name, the documentary evidence you offer and the questionnaire for the experts. The last four paragraphs of Article 15 are applicable as appropriate.
From the Count
ARTICLE 19.- Admitted the claim will be moved from it to the defendant, giving it to the respondent within the forty-five days following that in which the site takes effect. The time limit for replying to the extension of the application shall be 20 days after the date on which the notification of the agreement accepting the extension takes effect. If the answer is not produced on time or does not relate to all the facts, it shall be true that the actor accurately impute the defendant, except that by the evidence rendered or by the facts of the case they are distorted.
When any authority that has to be a party to the trial is not singled out by the actor as defendant, it will be automatically transferred to the lawsuit to answer it. the period referred to in the preceding paragraph.
When the defendants force multiple the term to answer, they will be run individually.
ARTICLE 20.- The defendant in his reply and in the defence of the extension of the application shall express:
I. The incidents of prior and special pronouncement to take place.
II. The considerations which, in his opinion, prevent a decision to be made as to the substance or prove that the right of the actor to support his claim has not been born or has been extinguished.
III. It shall refer in particular to each of the facts that the plaintiff expressly impute to him, asserting them, denying them, expressing that he ignores them for not being his own or exposing how they occurred, as the case may be.
IV. The arguments through which the ineffectiveness of the concepts of impeachment are demonstrated.
V. The arguments through which the right to compensation requested by the actora is distorted.
VI. The tests that you offer.
VII. In the event of an expert or testimonial proof, the facts on which the names and addresses of the expert are to be addressed shall be specified. of the witnesses. Without these points of view these tests will not be offered.
ARTICLE 21.- The respondent shall attach to his or her response:
I. Copies of the same and documents accompanying the plaintiff and the third party indicated in the complaint.
II. The document in which you credit your personality when the respondent is a particular and does not manage on its own behalf.
III. The questionnaire to be written off by the expert, which must be signed by the defendant.
IV. Where appropriate, the extension of the questionnaire for the failure of the applicant to be offered by the plaintiff.
V. The documentary evidence to offer.
The documents provided for in this Article must also be attached, except for those which have already been established. accompanied to the statement of defence of the claim.
For the purposes of this Article, the provisions of Article 15 shall apply, as appropriate.
The requested authorities must point out, without accompanying, the information qualified by the Foreign Trade Law as a confidential government or the information (a) confidential information provided by independent third parties, obtained in the exercise of the powers which the Law on Income Tax establishes in relation to transactions between related parties. The Room will prompt for documents before closing the instruction.
ARTICLE 22.- In the defence of the claim, the grounds for the right of the contested decision cannot be changed.
In the event of a negative resolution, the requested authority or the authority to answer the request shall express the facts and the right of support.
In the defence of the claim, or until before the closure of the instruction, the defendant authority may be able to break the claims of the applicant or revoke the contested resolution.
ARTICLE 23.- When there are contradictions between the facts and grounds of law given in the response of the coordinated federative authority that dictated the The contested decision and that made by the holder of the deconcentrated or decentralised agency or agency shall only be taken into account in respect of these contradictions, as set out by the latter.
Of The Precautionary Measures
ARTICLE 24. Once the administrative litigation is initiated, all the precautionary measures necessary to maintain the factual situation may be decreed. existing, which prevents the contested decision from leaving the dispute without question or causing irreparable damage to the actor, except in cases where the social interest is caused to the detriment of the social interest or provisions of public order are contravened.
The suspension of the execution of the contested act shall be processed and resolved in accordance with Article 28 of this Law.
The other precautionary measures shall be processed and resolved in accordance with this legal provision and Articles 25, 26 and 27 of this Law.
During the holiday periods of the Court, in each region a Regional Room Magistrate will cover the guard and will be enabled to resolve urgent requests. on precautionary measures or suspension of the contested act, related to issues raised in the complaint.
Article 24 Bis. The precautionary measures shall be processed in accordance with the respective incident, which shall be initiated in accordance with the following:
I. The promotion where the precautionary measures are requested must contain the following requirements:
a) The name of the complainant and his address to receive notifications, which he/she must be located within the courtroom region you know of the trial, as well as your email address, when you opt for the trial to be substantial online through the Online Justice System;
b) Resolution that is intended to be challenged and the date of notification of the same;
c) The facts that are intended to be saved with the precautionary measure, and
d) Expression of the reasons for requesting the precautionary measure.
II. The application for precautionary measures must comply with the following:
a) Credit the need to manage the precautionary measure, and
b) Attach copy of the request, for each of the parties, in order to run them move.
In case of failure to comply with the requirements set out in Sections I and II of this Article, the incident shall not be filed.
In other cases, the individual will justify in his petition the reasons why the precautionary measures are indispensable and the Instructor Magistrate will be able to giving them, motivating the reasons for their provenance.
The request for precautionary measures, may be filed at any time, until before the final judgment is given.
ARTICLE 25. In the agreement that admits the incident of request for precautionary measures, the Magistrate Instructor will order to be transferred to the one who is accused of the act (a) the administrative or the facts which are the subject of the dispute, asking for a report to be submitted within three days. If the report is not rendered, or if the report does not specifically refer to the facts of the report, the facts will be taken for granted. In the agreement referred to in this paragraph, the Instructor Magistrate shall decide upon the prior precautionary measures that have been requested.
Within the five-day period counted from the receipt of the report or the expiration of the term for submission, the Instructor Magistrate will dictate the a decision in which, in the final form, it decrees or denies the requested precautionary measures, as appropriate, on the admission of the security offered, which must be granted within three days. Where the security is not granted within the prescribed period, the precautionary measures shall cease to have effect.
As long as the Investigating Magistrate who has known about the incident is not given final judgment, he may amend or revoke the decision that he has decreed or denied. the precautionary measures, where a supervenent event is justified.
ARTICLE 26.- The Regional Chamber may decree positive precautionary measures, among other cases, when, in the case of long-term legal situations, substantial damage to the actor or an important injury to the right he intends, for the simple course of time.
ARTICLE 27. In cases where the precautionary measures may cause damage to third parties, the Instructor Magistrate or, where appropriate, the Chamber shall order them whenever the The Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice of the European Union, of the Court of Justice of the European Union compensation for the damage or compensation referred to and shall be made available to the Chamber. If the respective compensation is not quantifiable, the amount of the guarantee shall be determined at a discretion, expressing the respective logical and legal reasoning. If it is completely devoid of data that will allow the exercise of this faculty, the affected party will be required to provide all those that allow to know the probable value of the business and make possible the fixing of the amount of the warranty.
The precautionary measures may be left without effect if the counterparty gives, in turn, sufficient caution to compensate for the damages that may be caused by non- subsist the expected precautionary measures, including the costs of the guarantee that the affected party would have granted.
On the other hand, the authority may be obliged to compensate for the damages which may be caused to the individual, in which case the Court, considering the circumstances of the case, may not issue the precautionary measures. In this case, if the final judgment is contrary to the authority, the Instructor Magistrate, the Regional Chamber, the Section or the Plenary, must condemn it to pay the appropriate administrative compensation.
ARTICLE 28. The request for suspension of the execution of the contested administrative act, presented by the actor or his legal representative, shall be processed and resolved, in accordance with the following rules:
I. It will be granted whenever:
a) Do not affect the social interest, nor do they contravene provisions of public order, and
b) Be difficult to repair any damages caused to the applicant with the enforcement of the contested act.
II. For the grant of the suspension the following requirements must be met:
a) Dealing with the suspension of acts of determination, settlement, execution or recovery of contributions, benefits and other tax credits, the suspension shall be granted, which shall have its effects if the guarantee of the tax interest has been constituted or is constituted before the executing authority by any of the permitted means by applicable tax laws.
By granting the suspension, the amount of the warranty can be reduced, in the following cases:
1. If the amount of the credits exceeds the economic capacity of the applicant, and
2. If it is a third party other than the subject who is directly or severally liable for payment of the claim.
b) In cases where the suspension may cause damages to third parties, grant if the applicant provides a sufficient guarantee to repair the damage or to compensate for the damage caused to it, if the applicant does not obtain a favourable judgment.
In case of non-estimable affectations in money, if the suspension is carried out, it will be determined discretionally the amount of the guarantee.
The suspension referred to in this paragraph shall be without effect, if upon resolution of the Magistrate Instructor, the third party grants in turn counter-guarantee to restore the things to the state that they kept before the notification of the contested act to the applicant and to pay the damages and damages that have been caused to him, if finally the sentence the final decision is in favour of its claims, as well as the cost of the guarantee the latter has granted. It is not appropriate to accept the counter-guarantee if, if the act is executed, the judgment will be left without matter.
c) In all other cases, the situation in which they will be left will be determined matters, as well as the relevant measures to preserve the subject matter of the main judgment, until a final judgment is delivered.
d) The amount of the guarantee and counter-guarantee will be set by the Instructor Magistrate or who supports it.
III. The procedure will be:
a) The application may be made in the application or in a different written form the Chamber in which the judgment is based, at any time as long as no final judgment is given.
b) It will be processed by separate cord, under the responsibility of the Magistrate Instructor.
c) The Instructor Magistrate shall grant or deny the provisional suspension of the execution, no later than within the working day following the submission of the application.
d) The Instructor Magistrate will require the requested authority to report on the final suspension, which must be held within three days. After the end, with the report or without it, the Magistrate will decide what is appropriate, within the next three days.
IV. As long as the judgment is not delivered, the Instructor Judge may amend or revoke the decision that has granted or denied the definitive suspension, when a supervenent event that justifies it occurs.
V. When the applicant of the suspension obtains a firm favorable judgment, the Instructor Magistrate will order the cancellation or release of the guarantee granted. In the event that the final judgment is unfavourable to you, at the request of the counterparty or, where appropriate, of the third party, and after proof that the damage was caused or damaged, the Chamber shall order the guarantee to be made effective before the authority.
ARTICLE 29.- In the federal administrative litigation, they will only be of prior and special pronouncement:
I. Incompetence by matter.
II. The accumulation of judgments.
III. The nullity of notifications.
IV. The recusal because of impairment.
V. The replacement of cars.
VI. The interruption by cause of death, dissolution, declaratory of absence or incapacity.
When the promotion of the incident is frivolous and improper, it will impose a fine of ten to fifty times the daily general minimum wage in force in the geographical area for the Federal District.
ARTICLE 30. The Regional Chambers shall be competent to hear the judgments on grounds of territory, in accordance with the provisions of Article 34 of the Law Organ of the Federal Court of Justice and Administration.
In case of doubt, the Regional Chamber shall be competent for the reason of the territory before the case has been filed.
When a room is aware of any judgment that falls within the jurisdiction of another, the defendant or the third party may go before the President of the Tribunal by showing a copy certified as to the application and the relevant constances, in order to bring the matter to the attention of the section which it is the duty of the time to know.
When a case is presented in a Regional Chamber which, as a matter of fact, is to be known to a specialised Chamber, the former shall declare itself incompetent and shall communicate its a resolution to which it is the opinion of the trial, sending them the cars.
The required Chamber shall decide, within forty-eight hours after the date of receipt of the file, whether or not to accept the knowledge of the case. If the Chamber accepts it, it shall communicate its decision to the applicant and to the parties. If not accepted, the incident referred to in the third paragraph of this Article shall be dealt with.
ARTICLE 31.- The accumulation of two or more pending resolution judgments in cases where:
I. The parties are the same and the same grievances are invoked.
II. Being different parties and invoking different grievances, the contested act is one or more parts of the same act are contested or contested.
III. Regardless of whether or not the parties and the grievances are diverse, are challenged acts or resolutions that are a background or a consequence of the others.
For the case where the accumulation and the respective trials are being substantiated by the traditional way and the online judgment, the Instructor Magistrate will require the parties relating to the judgment in the traditional way so that within three days they will manifest if they choose to make the trial substantial online, if they do not exercise their option, the trial will be dealt with in the traditional way.
ARTICLE 32.- The accumulation will be requested before the Instructor Magistrate who is aware of the judgment in which the claim was filed first, for which in a The term that does not exceed six days will request the sending of the trial cars. The magistrate who is aware of the cumulation shall, within five days, make a draft resolution which he shall submit to the Chamber, which shall determine the determination to be made. The cumulation may be processed ex officio.
ARTICLE 33.- The notifications that are not made in accordance with the provisions of this Law will be null and void. In this case, the injured party may request a declaration of invalidity within five days of the date on which he met the event, offering the relevant evidence in the same document in which the nullity is promoted.
Notoriously unfounded nullity promotions will be discarded outright.
If the promotion is supported, the other parties will be given the view for the term of five days to expose the right to their right; after that period, it will be issued resolution.
If nullity is declared, the Room will order to replenish the cancelled notification and subsequent performances. In addition, a fine will be imposed on the actuary, equivalent to ten times the general daily minimum wage of the geographical area corresponding to the Federal District, without exceeding 30% of his monthly salary. The actuary may be removed from his position, without responsibility for the State in the event of reoffending.
ARTICLE 34.- The parties may challenge the magistrates or the experts of the Court, when they are in any of the cases of impediment to which the Article 10 of this Act.
ARTICLE 35.- The recusal of magistrates shall be promoted by writing that it is presented in the Chamber or Section in which the magistrate is assigned treat, accompanying the tests that are offered. The President of the Section or of the Chamber, within five days of the following, shall send the President of the Court a statement of objection together with a report which the challenged magistrate must give, in order for the matter to be brought to the attention of the Court. Plenary. In the absence of a report the impediment will be assumed. If the Court considers the recusal to be founded, the magistrate of the Regional Chamber will be replaced in the terms of the Organic Law of the Federal Court of Justice and Administrative Justice. In case of a Superior Chamber magistrate, he must refrain from knowing the case, if the rapporteur is to be replaced.
The magistrates who are aware of a challenge are unaccountable for that single effect.
The challenge of the Tribunal's expert will be promoted, before the Instructor Magistrate, within six days of the date on which the notification of the the agreement you are appointed to.
The instructor will ask the recused expert to give a report within three days. In the absence of a report, the impediment will be assumed. If the Room finds the recusal founded, it will replace the expert.
ARTICLE 36.- When either party holds the falsehood of a document, including promotions and performances in judgment, the incident may be enforced. before the Instructor Magistrate until before the instruction is closed in the trial. The incident shall be substantial in accordance with the provisions of the fourth paragraph of Article 39 of this Law.
If either party holds the falsehood of a document signed by another, the Instructor Magistrate may cite the respective party to stamp his signature on presence of the secretary himself who will be held as an indubitable for the collation.
In cases other than those mentioned in the preceding paragraph, the incident must accompany the document that you consider to be in doubt or to point out the place where you are find, or offer the appropriate pericial; if you do not, the Instructor Magistrate will discard the incident.
The Room will resolve the authenticity of the document exclusively for the purposes of the trial in which the incident is present.
ARTICLE 37.- The parties or the Instructor Magistrate of trade, will request substantial the incident of replacement of cars, for which it will be stated in the minutes for this purpose to be lifted by the Chamber, the previous existence and the subsequent lack of the case or the missing actions. As of the date of this act, the trial will be suspended and the terms will not be met.
The minutes shall be given to the parties so that, within the term of ten extendable days, they shall be displayed to the instructor, in a simple or certified copy, documents relating to the file in his possession, in order to restore it. Once integrated, the Chamber, within five days, will declare the car parts, lift the suspension and continue with the procedure.
When the loss occurs by finding the cars at the disposal of the Superior Room, the corresponding Regional Room will be ordered to replace the cars and once integrated the file, the same will be referred to the Superior Room for the judgment of the judgment.
ARTICLE 38.- The interruption of the trial by cause of death, dissolution, incapacity or declaratory of absence will last for a maximum of one year and will be subject to next:
I. It shall be decreed by the Instructor Magistrate from the date on which he is aware of the existence of any of the assumptions referred to in this Article. Article.
II. If the maximum interruption period has elapsed, the executor, the legal representative or the guardian does not appear, the Room will order the resumption of the trial, ordering all the notifications are made by list to the representative of the succession, of the society in dissolution, of the absent or of the incapable, as the case may be.
ARTICLE 39.- When any of the incidents referred to in Article 29 are promoted, the judgment in the principal shall be suspended until the decision is made. corresponding.
The incidents referred to in Sections I, II and IV of that Article may be promoted only before the instruction is closed, in the words Article 47 of this Law.
When events are promoted that are not of prior and special pronouncement, the processing of the process will continue.
If no special processing is planned, the incidents will be substantial by moving the promotion to the parties for the term of three days. With the document in which the incident is promoted or the transfer granted, the relevant evidence shall be provided and the documents, the questionnaires and the interrogations of witnesses and experts shall be submitted and shall be applicable for the purposes of the tests. expert and testimonial the relative rules of the principal.
Of The Tests
ARTICLE 40.- In the trials that are dealt with before this Court, the actor who intends to recognize or make an effective right, must prove the facts of which he derives his right and the violation thereof, when he consists of positive facts and the defendant of his exceptions.
In the trials that are dealt with before the Court, all manner of evidence shall be admissible, except that of the confession of the authorities by absolution of positions and the request for reports, unless the reports are limited to facts which are contained in documents held by the authorities.
The supervenlient tests may be presented provided that no judgment has been given. In this case, the counterparty shall be ordered to give the counterparty so that within five days it shall express what is at its right.
ARTICLE 41.- The Instructor Magistrate, until before the instruction is closed, for a better understanding of the facts at issue, may agree on the display of any document relating to them, order the practice of any diligence or provide for the preparation and proof of the expert test when questions of a technical nature are raised and have not been offered by the parts.
The rapporteur magistrate may propose to the plenary or the section the instruction for the above effects be reopened.
ARTICLE 42.- Resolutions and administrative acts are presumed legal. However, the authorities will have to prove the facts that motivate them when the affected person denies them simply, unless the refusal implies the affirmation of another fact.
ARTICLE 43.- The expert test will be subject to the following:
I. In the agreement that falls to the defence of the application or its extension, the parties will be required to submit to their parties within ten days. experts, in order to prove that they meet the relevant requirements, accept the charge and protect their legal performance, warning them that if they do not do so without a fair cause, or the proposed person does not accept the charge or does not meet the requirements of law, only the expertise of the person who has completed the requirement shall be considered.
II. The Investigating Magistrate, when in his judgment he must preside over the diligence and allow it the nature of this, will point out place, day and hour for the deahogo of the expert evidence, being able to ask the experts for all the clarifications it considers to be conducive, and to require them to take further action.
III. In the agreements for which each expert is to be held, the Instructor Magistrate shall grant a minimum period of 15 days to give and ratify his or her opinion, with the warning to the party that proposed that only the delivered opinions will be considered within the given time limit.
IV. For once and for reasons, communicated to the instructor before the time limits mentioned in this article are met, the parties may request the extension of the time limit for the submission of the opinion or the replacement of its expert, pointing out in this case the name and address of the proposed new person. The party that has replaced its expert according to the fraction I, will no longer be able to do so in the case provided for in the fraction III of this precept.
V. The third-party expert shall be appointed by the Regional Chamber from which he has attached. In the event that there is no expert in the science or art on which the expert report is to be viewed, the Chamber shall designate the person responsible for the opinion under his responsibility. Where the third valuer is appointed, the appointment shall be made by a credit institution, with the fees payable by the parties. In other cases, the Court shall cover them. In the order in which the third party is appointed, he shall be granted a minimum period of 15 days to give his opinion.
ARTICLE 44.- To de-choke the testimonial test, the offeror will be required to present the witnesses and when they are unable to present them, the Magistrate Instructor will quote them to appear on the day and time that the effect points to. Detailed minutes shall be drawn up and may be submitted by the magistrate or by the parties to questions which are in direct relation to the facts at issue or to pursue the clarification of any reply. The authorities shall testify in writing.
When the witnesses have their domicile outside the seat of the Chamber, the test may be removed by means of an exhort, after qualification by the Instructor Magistrate. of the questioning presented, being able to reask the magistrate or judge who disapproves the exhort, in terms of article 73 of this Law.
ARTICLE 45.- In order for the parties to be able to render their evidence, the officials or authorities have an obligation to issue with any opportunity prior to payment of the rights, certified copies of the documents requested to them; if the interested party is not satisfied with that obligation, the interested party shall request the Instructor Magistrate to require the omits.
Where the requested authority does not issue any copies of the documents offered by the applicant in order to prove the facts imputed to the applicant, the documents requested would have been accurately identified both in their characteristics and in their content, the facts of which they intend to prove with those documents shall be presumed.
In cases where the requested authority is not a party and is not in breach, the Instructor Magistrate may assert as a measure of the award the imposition of a fine for the amount the equivalent of between ninety-one hundred and fifty times the daily minimum daily wage in force in the Federal District, to the official. You may also commission the Secretary or Actuary who is required to obtain the omitted certification or to order the compaction of the documents displayed by the parties, with the originals held by the authority.
When copies of documents that cannot be provided in normal administrative practice are requested, the authorities may request an additional time to carry out the extraordinary measures that the case warrants and if the case is not located, the Instructor Magistrate may consider that he is in the presence of omission for justified reasons.
ARTICLE 46.- The assessment of the tests will be done according to the following provisions:
I. Haran tests fully the express confession of the parties, the legal presumptions that do not admit proof to the contrary, as well as the facts legally affirmed by authority in public documents, including digital ones; but, if statements of truth or statements of facts from individuals are contained in the cited public documents, the documents only prove fully that, in the light of the issued, such statements or statements were made, but not prove the truth of the stated or manifested.
II. Dealing with acts of verification by the administrative authorities, the facts contained in the minutes shall be construed as legally affirmed. respective.
III. The value of the expert and testimonial tests, as well as the value of the other evidence, will be left to the discretion of the Chamber.
When it comes to digital documents with electronic signatures other than an advanced electronic signature or digital stamp, for your assessment you will be in the Article 210-A of the Federal Code of Civil Procedures.
When, by the link of the evidence and the presumptions formed, the Chamber acquires a different conviction on the facts of the dispute, it may assess the evidence without being subject to the provisions of the above fractions, and must have found this part of his sentence reasoned.
Of The Instruction Closure
ARTICLE 47.- The Instructor Magistrate, ten days after the judgment has been concluded and no outstanding questions exist that prevent his or her resolution, will notify the parties that they have a five-day term to make written submissions. The arguments presented in time shall be considered when giving judgment.
By beating the five-day period referred to in the preceding paragraph, with or without pleadings, the corresponding agreement shall be issued for the closing of the instruction.
Faculty of Attraction
ARTICLE 48. The Full Court or Sections of the Court may resolve judgments with special characteristics.
I. Redress special features in judgments where:
a) By its subject matter, concepts of impeachment or quantum are considered to be of interest and transcendence.
Dealing with the amount, the value of the business must exceed five thousand times the general minimum wage of the geographical area corresponding to the Federal District, elevated the year, in force at the time of the issue of the resolution.
b) For its resolution it is necessary to establish, for the first time, the direct interpretation of a general law, regulation or administrative provision; to fix the scope of the constituent elements of a contribution, until it has established case-law. In this case the President of the Court may also request the attraction.
II. For the exercise of the attraction faculty, the following rules will be available:
a) The request that, if any, be made by the Regional Chambers, the Instructor Magistrate or the authorities must be submitted before the closing of the instruction.
b) The Presidency of the Court shall communicate the exercise of the faculty of attraction to the Regional Chamber or the Instructor Magistrate before the closing of the instruction.
c) The Presidency's agreements that admit the petition or that of its own motion decide to attract the trial, will be personally notified to the parties in the terms of Articles 67 and 68 of this Law. When making the notification, they will be required to address them in order to receive notifications in the Federal District, as well as to designate a person authorized to receive them or, in the case of the authorities, to indicate to their representative in the Federal District. In the event of failure to do so, the decision and the various actions to be taken by the Board of Governors shall be notified to them at their registered office.
d) Once the trial instruction is closed, the Regional Room or the Instructor Magistrate will forward the original file to the General Secretariat of the Superior Board, which shall take it to the appropriate rapporteur in accordance with the rules to be determined by the Court's own plenary.
Of The Statement
ARTICLE 49.- The judgment shall be delivered by unanimity or majority of the votes of the members of the Chamber, within 60 days of that the agreement of the closing of the trial in the trial. For this purpose, the Instructor Magistrate will formulate the respective project within the forty-five days following the one in which the agreement was reached. To give judgment in cases of dismissal for any of the reasons set out in Article 9o. of this Law, it will not be necessary for the instruction to be closed.
The deadline for the plenary or section rapporteur to formulate his or her draft will start to run from the point of view of the integrated file being in its possession.
When the majority of the magistrates agree with the bill, the dissident magistrate may limit himself to express that he votes totally or partially against the (a) a project or a particular reasoned vote, which shall be submitted within a period of not more than 10 days.
If the project was not accepted by the other magistrates of the plenary, section or chamber, the magistrate or the instructor will add to the ruling with the arguments of the majority and the project may be left as a particular vote.
ARTICLE 50.- The judgments of the Court shall be founded on the right and shall resolve the claim of the actor to be deducted from his claim, in relation to a contested decision, having the power to invoke notary facts.
When different causes of illegality are asserted, the judgment of the Chamber must first examine those who can lead to the declaration of a smooth and plain nullity. In the event that the judgment declares the nullity of a decision by the omission of the formal requirements required by the laws, or by procedural defects, the same shall indicate in what form they affected the defenses of the particular and They transcended the sense of the resolution.
The Chambers may correct any errors in the citation of the precepts which are considered to be violated and to examine as a whole the grievances and causes of illegality, as well as the other arguments of the parties, in order to resolve the question effectively raised, but without changing the facts set out in the complaint and in the defence.
Dealing with judgments that resolve the legality of the judgment given in an administrative appeal, if sufficient elements are available for it, the The Court shall rule on the legality of the judgment under appeal, in the party which did not satisfy the applicant's legal interest. The acts of the non-contested administrative authorities may not be annulled or amended in an express manner in the application.
In the case of judgments in which the authority is convicted of the restitution of a subjective right violated or the return of an amount, the Court must to ascertain the right of the individual, in addition to the illegality of the contested decision.
Made the exception of the provisions of section XIII, paragraph B, of Article 123 Constitutional, with respect to the Agents of the Public Ministry, the Peritos and the Members of the Police Institutions of the Federation, who have promoted the trial or defense in which the judicial authority resolves that the separation, removal, removal, termination, removal or any other form of termination of the service was unjustified; cases in which the requested authority only be obliged to pay the compensation and other benefits to which they are entitled, without in any event the reinstatement of the service.
ARTICLE 50-A.- The judgments that the Federal Fiscal and Administrative Court of Justice dictate on the basis of the demands provided by the Federal Law of State Heritage Liability shall contain as minimum elements the following:
I. For the existence of the causal link between the administrative activity and the injury produced and the assessment of the damage or injury caused;
II. Determine the amount of the compensation, explaining the criteria used for its quantification, and
III. In the cases of concurrency provided for in Chapter IV of the Federal Law on State patrimonial Liability, the criteria for the challenge and the corresponding graduation for their application must be reasoned for each particular case.
ARTICLE 51.- An administrative resolution shall be declared illegal when any of the following causes are demonstrated:
I. Incompetence of the official who has issued, ordered, or processed the the procedure from which the resolution derives.
II. Omission of the formal requirements required by law, provided it affects the defenses of the individual and transcend the meaning of the contested decision, including the absence of substantiation or motivation, where appropriate.
III. Procedures of the procedure as long as they affect the particular defenses and transcend the meaning of the contested decision.
IV. If the facts that motivated it were not performed, they were different or appreciated in the wrong form, or whether it was issued in contravention of the provisions applied or no longer applied, as to the substance of the case.
V. When the administrative decision given in exercise of discretionary powers does not correspond to the purposes for which the law confers such powers.
For the purposes of paragraphs II and III of this Article, it is considered that they do not affect the defenses of the individual or transcend the sense of the Contested decision, inter alia, the following vices:
a) When in a subpoena, no mention is made of what it is to receive a visit order home, whenever the home is started with the order recipient.
(b) When in a subpoena the way in which the file is placed is not given The notifier was satisfied that he was at the correct address, provided that the care was taken at the address indicated in the document to be served.
c) When in the delivery of the summons procedure vices have been committed, always the diligence provided for in that summons has been directly understood with the person concerned or with his legal representative.
d) When there are irregularities in the citations, in the notifications of requests for requests for data, reports or documents, or on the requirements themselves, provided that the individual disapproves of the requests, and the requested information and documentation are displayed in a timely manner.
e) When the taxpayer is not known to be visited the result of a click to third parties, if the contested decision is not based on those results.
f) When no evidence is valued to accredit the facts settled in the trade of comments or in the last partial act, provided that such evidence is not suitable for such purposes.
The Court may, as a public order, be able to assert the incompetence of the authority to issue the contested decision or to order or to deal with it. the procedure from which it derives and the total absence of substantiation or motivation in that decision.
When the incompetence of the authority is founded and there are also grievances aimed at discussing the substance of the matter, the Tribunal will have to analyze them and if any It is founded, based on the principle of greater benefit, will proceed to resolve the merits of the question effectively raised by the actor.
Arbitration and other bodies, derived from alternative mechanisms for resolving disputes in the field of unfair practices, contained in treaties and international conventions to which Mexico is a party, shall not be able to review the causals referred to in this article.
ARTICLE 52.- The definitive statement can:
I. Recognize the validity of the contested resolution.
II. Declare the nullity of the contested decision.
III. Declaring the nullity of the contested decision for certain purposes, owing clearly specify the form and terms in which the authority is to comply with it, and must replace the procedure, where appropriate, from the moment the violation was committed.
IV. Whenever any of the assumptions provided for in Sections II and III of Article 51 of this Law are contained, the Court shall declare the nullity for the purpose of the procedure or the issuing of a new resolution; in other cases, where it corresponds to the claim deducted, it may also indicate the terms under which the administrative authority is to issue its decision.
Where the judgment involves an amendment to the amount of the administrative decision The competent Regional Chamber shall specify, the amount, the scope and the terms of the measure for its compliance.
Dealing with sanctions, when the Court appreciates that the sanction is excessive because it did not cause If the facts were not properly aggravated or not, the amount of the penalty should be reduced, and the circumstances that gave rise to the penalty should be reduced.
V. Declare the nullity of the contested decision and in addition:
a) Recognize the actor for the existence of a subjective right and condemn compliance of the correlative obligation.
b) Grant or reinstate the actor in the enjoyment of the rights affected.
c) Declare the nullity of the general administrative act or resolution, case in which the effects of the implementing acts affecting the applicant shall cease, including the first act of application which he has contested. The declaration of invalidity shall have no other effect on the applicant, except as provided for by the laws of the matter in question.
d) Recognize the existence of a subjective right and condemn the federal public body to the payment of compensation for damages caused by their public servants.
If the judgment requires the authority to perform a given act or initiate a procedure, in accordance with the provisions of fractions III and IV, it must be fulfilled in a four months from the time the sentence is signed.
Within the same term, the final decision must be issued, even if, in the case of tax matters, the time limits laid down in Articles 46-A and 67 of the Tax Code of the Federation.
If the enforcement of the judgment involves the exercise or the enjoyment of a right by the plaintiff, after the period prescribed in the preceding paragraph without the an authority has complied with the judgment, the beneficiary of the judgment shall be entitled to an indemnity which the Chamber which has known the case shall determine, taking into account the time elapsed until the full compliance with the judgment and the damage which the failure to act, without prejudice to the provisions of Article 58 of this Law. The exercise of that right shall be dealt with by incidental.
When for compliance with the judgment, it is necessary to request information or to carry out some act of the administrative authority abroad, the the time limit referred to in the preceding paragraph, between the time the information is requested or the request for the relevant act and the date on which the information is provided or the act is carried out.
After the period laid down in this precept, without the final decision being given, the right of the authority to issue it except in cases shall be preclued in which the individual, on the occasion of the judgment, is entitled to a final decision conferring upon him a benefit, entitles him to a right or open the possibility of obtaining it.
In the event that an appeal is filed, the effect of the judgment will be suspended until the resolution is issued that puts an end to the dispute.
The judgment will be delivered on the compensation or payment of costs, requested by the parties, when appropriate to the assumptions of Article 6o. of this Law.
ARTICLE 53.- The definitive statement is signed when:
I. Do not support against your resource or judgment.
II. Admitting recourse or judgment, is not contested, or where, having been, the appeal or judgment in question has been disposed of or dismissed or has unfounded result, and
III. Be expressly consented to by the parties or their legitimate representatives.
When a judgment is held that must be met within the time limit set by Article 52 of this Law, the appropriate secretary of agreements shall make the certification of such a circumstance and date of causation and the Instructor Magistrate or the President of the Section or the Court, where appropriate, the parties shall be notified of the said certification.
ARTICLE 54.- The party that considers contradictory, ambiguous or obscure a final judgment of the Court, may at once promote its clarification within the ten days following the one in which the notification takes effect.
The instance must indicate the part of the judgment whose clarification is requested and brought before the Chamber or Section that delivered the judgment, which must be resolved in a five days after the date on which it was brought, without the substance of the judgment being changed. The clarification does not allow any recourse and will be repudiated part of the judgment under appeal and its interposition interrupts the term for its challenge.
ARTICLE 55.- The parties may make an excitative of justice before the President of the Court, if the responsible magistrate does not make the respective project within of the deadline set out in this Act.
ARTICLE 56.- The President of the Court, the President of the Court, will request a report from the responsible magistrate, who will have to give it in the five-day period. The President will give the bill to the plenary session, and if the president finds that the excitative will be established, he will grant a deadline that will not exceed 15 days for the judge to make the bill. If it does not comply with that obligation, it shall be replaced in the terms of the Organic Law of the Federal Court of Justice and Administrative Justice.
In the event that the excitative is promoted for not having passed judgment, despite the existence of the project of the responsible magistrate, the report to which the The President of the Chamber or Section concerned shall be asked to give up within three days, and in the event that the Plenary considers the excitation to be founded, it shall grant a period of ten days to the Chamber or Section to give the If the sentence is not, it will be possible to replace the reluctant magistrates or to change the Section.
When a magistrate, on two occasions has been replaced in accordance with this precept, the President of the Court may put the fact to the attention of the President of the Republic.
Statement and Suspension Compliance
ARTICLE 57.- The requested authorities and any other related authorities are required to comply with the judgments of the Federal Court of Justice and Administrative, as follows:
I. In cases where the statement declares nullity and is merged into one of the following causes:
a) Dealing with incompetence, the competent authority may initiate the procedure or issue a new resolution, without violating the judgment, provided that their powers have not expired. This effect will occur even if the judgment declares the nullity in plain and plain form.
b) If you have its cause on a vice of form of the contested decision, it can be replenished by subsating the vice that produced the nullity; in the case of nullity by Procedural defects, this may be resumed by reputting the event and from it.
In both cases, the defendant authority has a period of four months to replace the procedure and to issue a new final decision, even if they have the time limits specified in Articles 46-A and 67 of the Tax Code of the Federation have elapsed.
In the case provided for in the preceding paragraph, where it is necessary to perform an act of authority abroad or request information from third parties to corroborate data relating to the operations carried out with the taxpayer, within four months the time between the request for the information or the performance of the relevant act and the time when the information is provided shall not be counted. information or perform the event. Similarly, where one of the cases referred to in the third paragraph of Article 46-A of the Tax Code of the Federation is present in the replacement of the procedure, the period for which the period for which the procedure is four months shall not be counted. the time limit for concluding the home visits or the cabinet reviews provided for in that paragraph is suspended as appropriate.
If the authority has discretionary powers to initiate the procedure or to issue a new resolution in connection with the procedure, it may abstain from (a) to be put back, provided that it does not affect the individual who obtained the nullity of the contested decision.
The effects set by this paragraph will occur without it being necessary for the statement to set it, even if it declares a smooth and plain nullity.
c) When the contested decision is vitiated as to the substance, the authority may not issue a new resolution on the same facts, except that the judgment It will give you an impact that will enable you to return to the event. In no case can the new administrative act be more damaging to the actor than the annulled resolution.
For the purposes of this paragraph, the injury shall not be understood to be increased in the case of judgments against decisions determining payment obligations which are increased with updates for the simple passage of time and on the basis of price changes in the country or with some interest rate or surcharges.
d) When the power diversion prospers, the authority is prevented from issuing a new resolution on the same facts that gave rise to the resolution. challenged, unless the judgment orders the replacement of the annulled administrative act, in which case it must be reinstated within the time limit laid down in the judgment.
II. In cases of conviction, the judgment shall specify the form and time limits in which the authority shall comply with the respective obligation. In no case shall the time limit be less than one month.
When the trial of amparo or review appeal is filed, the effect of the judgment will be suspended until the resolution that ends the judgment is handed down. controversy.
The time limits for compliance with the judgment set out in this Article shall begin to run from the working day following that in which the Federal Court of Justice Prosecutor and Administrative report to the authority that did not stand trial of amparo against the sentence, or the particular report to the authority, under protest of telling truth, that did not stand against the sentence, said judgment. The authority shall, within 20 days after the date of the expiry of the 15-day period for the lodging of the judgment of protection, request the Court for the abovementioned report.
In the event that the authority does not request the report mentioned within the time limit set, the deadline for compliance with the resolution will start to run from the 15 days have elapsed to bring the trial of protection.
ARTICLE 58.- In order to ensure full compliance with the decisions of the Court to which this precept refers, once the deadline set by the Court has expired. Article 52 of this Law may act on its own initiative or at the request of a party, in accordance with the following:
I. The Regional Chamber, the Section or the Plenary which has delivered the judgment may, on its own initiative, acting through its President, request the authority The defendant who reports within the next three days, regarding compliance with the judgment. The judgments which have been referred to in this paragraph shall be exempt from the provisions of this paragraph, where the contested decision derives from an official procedure.
Terminated the previous term with report or without it, the Regional Chamber, the Section or the Plenary in question, shall decide whether there was unjustified failure to comply with the judgment, in which case proceed as follows:
a) Impose a responsible defendant with a penalty payment that will be set between three hundred and a thousand times the daily minimum daily wage that is in the Federal District, taking into account the seriousness of the non-compliance and the consequences that it has caused, requiring it to comply with the judgment within three days and to prevent, in addition, that in case of reluctance, will impose new award fines on you in the terms of this paragraph, inform the hierarchical superior of the requested authority.
b) If at the end of the period referred to in the foregoing paragraph, the reluctance of the defendant authority to comply with the sentenced, the Regional Chamber, the Section or plenary may require the superior of the member to do so within three days of the obligation to comply without delay.
If the default is to be persisted, a top-up fine will be imposed in accordance with the provisions of paragraph (a).
c) When the nature of the act permits, the Regional Chamber, the Section or the Plenary may commission the judicial officer who, by the nature of his function considers more appropriate, so that it complies with the statement.
The provisions of this action shall also apply where the suspension which is imposed in respect of the act under appeal is not completed in the ordered terms judgment or in relation to the guarantee to be admitted.
(d) Translate the time limits set out in the preceding incits, the Regional Chamber, the Section or the Plenary which has issued the judgment, shall inform the Corresponding Internal Comptroller the facts, in order to determine the liability of the official responsible for the non-compliance.
II. At the request of a party, the affected person may occur in a complaint to the Regional Chamber, the Section or the Plenary that dictated it, in accordance with the following rules:
a) proceed against the following acts:
1.- The resolution that improperly repeats the overruled resolution or overcomes or defaults, when it is dictated by pretending to abide by a statement.
2.- The final resolution issued and notified after the end of the period laid down in Articles 52 and 57, part I, point (b) of this Law, when a judgment given on the basis of Sections II and III of Article 51 of the law itself, which obliged the defendant to initiate proceedings or to issue a new decision, provided that it is an official procedure.
3.- When the authority omit to comply with the statement.
4.- If the authority fails to comply with the final order of suspension of the execution of the contested act in the federal administrative litigation.
The complaint may be enforced only once, with the exception of the cases referred to in sub-paragraph 3, where it may be brought against the resolutions dictated in compliance with this instance.
b) It shall be filed in writing accompanied, if any, by the resolution of the complaint, as well as a copy for the responsible authority, shall be filed with the The Regional Board, the Section or the Plenary Session which delivered the judgment, within 15 days of the date on which the notification of the act, resolution or demonstration which caused it took effect. In the case provided for in the preceding paragraph, sub-paragraph 3, the complainant may lodge his complaint at any time, unless his right has been prescribed.
In that letter the reasons for which it is considered that there was excess or defect; repetition of the act challenged or of the effect of this one; that it preclued the the opportunity of the requested authority to issue the final resolution with which the orderly procedure is concluded; or, where the replacement is to be completed.
The Investigating Magistrate or the President of the Section or the President of the Court, where appropriate, shall order the authority to whom the non-compliance is imposed, report within the five-day period in which the act that caused the complaint was justified. The Regional Chamber, the Section or the Plenary Session, which shall be resolved within the following five days, shall be given the time limit referred to it, either with a report or without it.
c) In the event of repetition of the annulled resolution, the Regional Chamber, the Section or the Plenary shall make the corresponding declaration, annulling the repeated resolution and the notify the authority responsible for the repetition, preventing it from incurring new repetitions.
In addition, when resolving the complaint, the Regional Chamber, Section or Plenary will impose the fine and order the report to be sent to the superior hierarchical, established by the I, paragraph a) of this article.
d) If the Regional Room, Section or Plenary resolves that there was excess or defect in compliance, it will leave without effects the resolution that caused the complaint and will grant to the requested authority twenty days for compliance due to the failure, specifying the form and terms to which it must comply.
e) If the Regional Room, Section or Plenary finds that the resolution referred to in point (a), sub-paragraph 2 of this section, was issued after completion the legal period, the latter shall cancel, declaring the precluding of the opportunity of the requested authority to dictate and order the latter to communicate this circumstance to the superior of the latter.
f) In the proven and justified case of being unable to comply with the judgment, the Regional Chamber, the Section or the Plenary shall declare the compliance substitute and order to instruct the respective incident, applying for it, in an extra form, the Federal Code of Civil Procedures.
g) During the processing of the complaint, the administrative procedure of execution that will exist will be suspended.
III. Dealing with the non-compliance with the resolution granting the suspension of the execution of the contested act or some other of the precautionary measures provided for in This Act shall make the complaint in writing filed at any time before the final judgment is given before the Instructor Magistrate.
In the letter in which the complaint is lodged, the facts for which it is considered that the non-compliance has been given will be expressed and, where appropriate, the documents will be accompanied which consists of the actions of the authority seeking to infringe the suspension or the precautionary measure granted.
The Magistrate will ask for a report to whom the non-compliance will be charged, which must be submitted within the five-day period, in which, if necessary, the act or the default that caused the complaint. After that period, with or without a report, the Magistrate shall report to the Chamber, which shall decide within a maximum period of five days.
If the Chamber resolves that there was non-compliance, it will declare the nullity of the actions taken in violation of the suspension or other precautionary measure granted.
The resolution referred to in this section shall also be notified to the hierarchical superior of the responsible public servant, with the latter being understood to be in breach of the decision, in order to proceed hierarchically and the Chamber shall impose on the person responsible or the reluctant authority a fine equivalent to a minimum of thirty days of his salary, without exceeding the equivalent of sixty days of the salary, taking into account the seriousness of the non-compliance, the salary of the public servant concerned and his/her hierarchical level.
It will also be taken into account to impose the sanction, the consequences that the non-compliance of the resolution would have caused, when the affected one points out, case in that the applicant shall be entitled to compensation for damages, which, where appropriate, shall be carried out by the administrative unit in which the public servant concerned provides his services, in the terms in which the complaint is addressed.
IV. To whom you promote a notoriously improper complaint, understanding for this one that is brought against acts that do not constitute administrative resolution (a) a fine in the amount equivalent to between two hundred and fifty times the general daily minimum wage in force in the Federal District and, if the execution has been suspended, will be deemed to be aggravating to graduate the penalty that will ultimately be imposed.
With definitive administrative resolution, if the Regional Chamber, the Section or the plenum consider that the complaint is inappropriate, they will prevent the of the forty-five days following the one in which the notification of the respective order takes effect, the present as a claim, fulfilling the requirements laid down in Articles 14 and 15 of this Law, before the same Regional Chamber that he met with the First trial, which will be turned to the same Magistrate Instructor of the complaint.
ARTICLE 58-A.- The federal administrative litigation will be promoted, substantial and will be resolved online through the Online Justice System that will have to establish and develop the Court, in accordance with the provisions of this Chapter and the other specific provisions applicable to this Law. In all cases, the other provisions applicable to this order shall apply.
ARTICLE 58-B.- When the plaintiff exercises his right to file his online claim through the Court's Online Justice System, the authorities They must appear and process the judgment in the same way.
If the plaintiff does not expressly state his or her Email Address, the judgment will be processed in the traditional way and the corresponding agreement will be notified by list and in the Court's Proceedings.
ARTICLE 58-C.- When the plaintiff is an authority, the particular defendant, when answering the complaint, will have the right to exercise his or her choice for the trial to be processing and resolving online in accordance with the provisions of this Chapter, pointing to your address and e-mail address.
In order to place the particular defendant, the corresponding Secretary of Agreements, to print and certify the claim and its annexes that will be notified in a manner personnel.
If the individual refuses to process the online judgment, the lawsuit will be answered by the judgment in the traditional way.
ARTICLE 58-D.- The Court's Online Justice System will integrate the Electronic File, which will include all promotions, tests and other Annexes which present the parts, trades, agreements, and resolutions of both the interlocutory and the final, as well as the other actions resulting from the substantiation of the judgment online, guaranteeing their safety, unalterability, authenticity, integrity and durability, in accordance with the guidelines issued by the Court.
In online trials, the requested authority will de-drown testimonial evidence using the video conferencing method, when this is possible.
ARTICLE 58-E.- The Advanced Electronic Signature, Access Key and Password will be provided, through the Court's Online Justice System, prior to obtaining the relevant registration and authorisation. The registration of the Advanced Electronic Signature, Access Key and Password, implies the express consent that said System will record the date and time at which the Electronic Archives are opened, containing the constances that make up the Electronic file, for legal purposes established in this order.
To make use of the Online Justice System, guidelines must be observed which, for this purpose, will be issued by the Court.
ARTICLE 58-F.- The Advanced Electronic Signature will produce the same legal effects as the autograph signature and will ensure the integrity of the document, having the same evidentiary value.
ARTICLE 58-G.- Only, the parties, authorized persons and delegates shall have access to the Electronic File, exclusively for consultation, once have your Access and Password Key registered.
ARTICLE 58-H.- The holders of an Advanced Electronic Signature, Access Key and Password will be responsible for their use, so the access or receipt of the notifications, the consultation of the Electronic File and the sending of information through the use of any such instrument, will be attributable to them and will not admit proof to the contrary, except that they demonstrate failures of the System of Justice Online.
ARTICLE 58-I.- Once received by electronic means any promotion of the parties, the Online Justice System of the Court will issue the Acuse of Receipt Corresponding electronic, pointing to the date and time of receipt.
ARTICLE 58-J.- Any action in the Online Judgment will be performed through the Court's Online Justice System in terms of this Chapter. These actions will be validated with the electronic signatures and digital signatures of the Magistrates and Secretaries of Agreements that give faith as appropriate.
ARTICLE 58-K.- The documents that the parties offer as evidence, including the administrative file referred to in Article 14, fraction V, of this Law, they must be displayed in a readable form through the Court's Online Justice System.
Dealing with digital documents, the nature of the documents must be manifest, specifying whether the digital reproduction corresponds to a simple copy, a copy certified or to the original and, in the case of the latter, whether or not it has a autograph signature. The individuals must make this demonstration in protest of telling the truth, the omission of the manifestation presumes only to the detriment only of the promoting, that the digitised document corresponds to a simple copy.
Documentary evidence that offers and exhibits the parties will have the same evidentiary value as their physical constancy, as long as the provisions of the This Law and the regulatory agreements issued by the Court's organs to ensure the authenticity of the information, as well as its transmission, reception, validation and notification.
ARTICLE 58-L.- For the case of various documentary evidence, the instruments in which the existence of such evidence is recorded shall be integrated into the Electronic File. The Secretary of Agreements to whose bureau the matter corresponds, must digitalize the relative constances and will proceed to the certification of his collation with the physical originals, as well as to guarantee the protection of the originals and the goods materials that would have been tested in their case.
For various documentary evidence, these must be offered in the application and submitted to the Chamber which is aware of the case, on the same date in that the promotion corresponding to their offering is recorded in the Court's Online Justice System, stating their receipt by electronic means.
ARTICLE 58-M.- For trials that are substantial in terms of this chapter it will not be necessary for the parties to exhibit copies to run the transfers that the Law provides, unless there is a third party concerned, in which case, in order to be transferred, the applicant shall submit the copy of the transfer with its respective annexes.
In the letter through which the third party concerned will stand trial, you will need to specify whether you want the trial to continue to be substantial online and to point out in such a case, your Email Address. In the event that the opposition is expressed, the Chamber shall have the right to carry out the examination of the documents referred to in the third paragraph, in order to ensure that the proceedings are carried out online in relation to the other parties, and in turn, print and certify the constances of the actions and electronic documentation, in order to integrate the file of the third party into a trial in the traditional way.
ARTICLE 58-N.- The notifications that are practiced within the online judgment will be made according to the following:
I.- All actions and resolutions that under the provisions of this Law are to be notified in a personal manner, by registered mail with an acknowledgement of receipt, or by trade, must be made through the Court's Online Justice System.
II.- The actuary shall draw up the electronic minute in which it requires the action or resolution to be notified, as well as the documents attached thereto. This minute, which will contain the actuary's Advanced Electronic Signature, will be entered into the Court's Online Justice System along with the respective action or resolution and the attached documents.
III.- The actuary will send the e-mail address of the party or parties to notify, a notice informing you that a performance or resolution has been issued in the Electronic File, which is available on the Court's Online Justice System.
IV.- The Court's Online Justice System will record the date and time the shipment is made to be marked in the previous fraction.
V.- The notification, as indicated in the above fractions, shall be legally practiced when the Court's Online Justice System generate the Electronic Receipt Acuse stating the date and time when the notified parties entered the Electronic File, which must happen within three working days of the date of sending the notice to the Directorate E-mail from the or the parties to be notified.
VI.- In the event that within the period indicated in the previous fraction, the Court's Online Justice System does not generate the acknowledgement of receipt stating that the notification was made, the same shall be made by means of list and by the Bulletin Processed to the fourth working day counted from the date of the sending of the Email, the date on which it will be legally notified.
ARTICLE 58-O.- For the purposes of the Online Trial, the offices of the Chambers of the Government are open to the public 24 hours a day. Court.
Promotions will be considered, unless otherwise tested, presented on the day and time of the Electronic Receipt Acuse that issues the Online Justice System. of the Court, in the place where the applicant has his registered office and, by his received, at the place of the seat of the Regional Chamber to which he is entitled to know of the judgment for the reason of the territory. In the case of an indeft day, the following working day shall be presented.
ARTICLE 58-P.- The authorities whose actions are likely to be challenged before the Court must register with the General Secretariat of Agreements or with the Presidency of the Regional Chambers, as appropriate, the Directorate of Institutional Email, as well as the official address of the administrative units to which their representation in the administrative litigation proceedings corresponds, for the effect of placing them electronically on trial in cases in those with the character of the requested authority.
In the event that the requested authorities do not comply with this obligation, all the notifications to be made, including the site, will be made through the Procedural Bulletin, until such formality is complied with.
ARTICLE 58-Q.- For the presentation and processing of the review and review resources to be promoted against the actions and resolutions derived from the Online judgment, the provisions of this Chapter shall not apply.
The Secretary-General of the Agreements of the Court, the Assistant Secretaries of the Section and the Secretaries of Agreements of the Superior and Regional Chambers as appropriate, they must print the file of the Electronic File and certify the constances of the judgment that must be referred to the District Courts and the Collegiate Courts of Circuit, when decisions of the judgments corresponding to their table.
Without prejudice to the foregoing, in cases where the District Court or the Collegiate Court so requests, the information may be sent through the media. electronic.
ARTICLE 58-R.- In case the Tribunal warns that any person modified, altered, destroyed or caused the loss of information contained in the Justice System In line, the necessary protective measures will be taken to avoid such conduct until the end of the trial, which will continue to be carried out through a trial on the traditional track.
If the controller is a System user, you will cancel your Advanced Electronic Signature, Key and Password to enter the Online Justice System and will not have possibility of re-promoting online trials.
Without prejudice to the foregoing, and the respective criminal responsibilities, a fine of three hundred times the minimum wage shall be imposed on the person liable general in force in the Federal District at the time of the infringement.
ARTICLE 58-S.- When, by chance, force majeure or technical failure is interrupted the operation of the Online Justice System, making it impossible to compliance with the time limits laid down in the law, the parties must give notice to the corresponding Chamber in the same promotion subject to term, who will request a report from the administrative unit of the Court responsible for the administration System on the existence of service interruption.
The report that determines that there was an interruption in the System must indicate the cause and time of the outage, indicating the start date and time the same. Time limits shall be suspended only for the duration of the interruption of the System. To this end, the Chamber shall record this situation by agreement in the electronic file and, considering the time of the interruption, make the corresponding calculation, in order to determine whether or not the legal deadlines have been observed.
From Judgment on the Sumaría Way
ARTICLE 58-1. The federal administrative litigation will be dealt with and will resolve in the summary via the specific provisions that will be simplification and abridation are set out in this Chapter and, otherwise, the other provisions of this Law will apply.
ARTICLE 58-2. When final resolutions are contested the amount of which does not exceed five times the general minimum wage in force in the Federal District year at the time of its issuance, the Judgment shall proceed on the Sumaria way provided that it is one of the following final resolutions:
I. Those dictated by federal tax authorities and autonomous tax agencies, by those that are set in liquid amount a tax credit;
II. Those who only impose fines or penalties, pecuniary or restitution, for violation of federal administrative rules;
III. Those requiring the payment of tax credits, where the amount of the charges does not exceed the amount quoted;
IV. Those who require the payment of a bond policy or a guarantee that has been granted in favor of the Federation, of autonomous tax organizations or other parastatal entities of that, or
V. The relapses to an administrative appeal, where the appeal is one of those considered in the preceding incits and the amount of the latter, does not exceed the above mentioned.
The trial will also proceed on the Sumaría route when final decisions are challenged in violation of a case-law of the Supreme Court of Justice. Justice of the Nation in matters of unconstitutionality of Laws, or a case law of the Superior Chamber of the Federal Court of Justice and Administrative Justice.
To determine the amount in the cases of points (I), (III) and (V), only the principal credit shall be considered without accessories or updates. Where more than one resolution of the above mentioned above is contained in the same act, the amount of each of them shall not be accumulated for the purpose of determining the provenance of this route.
The application must be filed within 15 days of the date on which the notification of the contested decision takes effect, in accordance with the provisions of this Act before the competent Regional Chamber.
ARTICLE 58-3. The handling of the Trial on the Sumaria path will be inappropriate when:
I. If you are not in any of the assumptions provided for in Article 58-2.
II. At the same time as the challenge of a resolution of those mentioned in the previous article, an administrative rule of general character is countered;
III. It is a question of economic sanctions in the field of administrative responsibilities of the public servants or of penalties for compensation as referred to in Chapter II of Title V of the Law of Taxation and Surrender of Accounts of the Federation;
IV. It is a matter of fines for infringements of the rules on intellectual property;
V. It is resolutions that in addition to imposing a fine or pecuniary sanction, include some other burden or obligation, or
VI. The offeror of a testimonial test, cannot present the persons identified as witnesses.
In these cases, the Instructor Magistrate, before settling on the admission of the lawsuit, will determine the impropriety of the summary route and order that the trial be continued in accordance with the other provisions of this Law and shall place the other parties within the time limit laid down in Articles 18 and 19 of the Act, as the case may be.
Against the determination of the origin of the summary route, the complaint may be brought before the Regional Chamber in which the judgment is based, in the period provided for in Article 58-8 of this Law.
ARTICLE 58-4. Once the application is accepted, the defendant will be transferred to the defendant to reply within the 15-day period and, if necessary, to place the third, so that in the same term, you will be in judgment.
In the same car in which the claim is admitted, it will be fixed day for the closure of the instruction. That date shall not exceed 60 days following the date of issue of that order.
ARTICLE 58-5. The Magistrate will provide the correct integration of the trial, by means of the timely proof of proof, no later than ten days before the date intended for the instruction closure.
The rules contained in Chapter V of this Title shall be applicable, except as regards the testimonial test, which may only be admitted when the offeror commits to present his witnesses on the day and time indicated for the diligence.
As far as the expert trial is concerned, it will be thrown out of the way in the terms of Article 43 of this Law, with the exception that all the deadlines will be three days, except that which corresponds to the surrender and ratification of the opinion, which shall be five days, in the understanding that each expert shall do so in a single act before the Instructor Magistrate. Where a third-party expert is appointed, the expert shall be responsible for the appointment.
ARTICLE 58-6. The actor may extend the claim, in the cases referred to in Article 17 of this Law, within five days of the date on which it is surfed. effects of the notification of the order of the defence.
The defendant or, if applicable, the third party, shall reply to the extension to the application within five days of the notification of its effects. move.
In case of omission of the documents referred to in Articles 17, last paragraph, and 21, second paragraph, of the Law, the parties shall subsc it within the period of three days following the one in which the notification of the requirement formulated by the instructor takes effect.
ARTICLE 58-7. The incidents referred to in Sections II and IV of Article 29 of this Law may be promoted within 10 days of the occurrence of the incident. effects of the notification of the order in which the defence of the claim was lodged or, where appropriate, the reply to the extension.
The incident of incompetence will only proceed in this way when it is enforced by the defendant or by the third party, so the Regional Chamber in which the Judgment may not be declared incompetent or sent to a different person.
The accumulation incident can only be considered for files that are being processed in this same path.
Incidents of nullity of notifications and of recusal of experts must be filed within three days of the date of the date of the date of the event or was designated to the expert, respectively, and the counterparty must answer the view in the same term.
ARTICLE 58-8. The claim resources referred to in Articles 59 and 62 of this Law must be filed within five days of the date of the filing. in which the notification of the corresponding resolution of the Instructor Magistrate takes effect.
Any of the resources shall be ordered to be transferred to the counterparty and the counterparty must express what is appropriate to the counterparty within three days and without further processing, the Regional Chamber in which the trial is based will be given, to resolve the appeal within three days.
ARTICLE 58-9. The precautionary measures shall be processed in accordance with the general rules laid down in Chapter III of this Law. The Investigating Magistrate shall be entitled to decree the provisional or final decision corresponding to the precautionary measures.
Against the judgment of the Instructor Magistrate given in accordance with the preceding paragraph, the complaint shall be brought before the Regional Chamber in which it is located the judgment.
ARTICLE 58-10. In cases of suspension of the trial, for any of the alleged cases contemplated for this in this Law, in the order in which the Magistrate Instructor agrees to resume the procedure, set the date for the closing of the instruction, if any, within twenty days after the one in which the notification to the parties of the resumption of the trial has been applied.
ARTICLE 58-11. The parties may submit their pleadings before the date indicated for the closure of the instruction.
ARTICLE 58-12. On the date set for the instruction closure the Instructor Magistrate will proceed to verify if the file is properly integrated, where the instruction is to be declared closed; otherwise, it shall set a new date for the closure of the instruction, within a maximum period of 10 days.
ARTICLE 58-13. Once the instruction is closed, the Magistrate will give judgment within the next ten days.
ARTICLE 58-14. If the judgment orders the replacement of the administrative procedure or a certain act, the authority must comply with it within a period that does not exceeds one month from the date on which that judgment has been established in accordance with Article 53 of this Law.
ARTICLE 58-15. In the absence of express provision to set the respective deadline in the summary path, the three-day period shall apply.
ARTICLE 59.- The claim facility will proceed against the Instructor Magistrate's resolutions that they admit, dispose of, or have not filed the claim, the defence, the extension of the two or some evidence; those which shall decen or deny the dismissal of the judgment before the closing of the instruction; those who admit or reject the intervention of the third party. The complaint shall be lodged with the respective Chamber or Section within 15 days of the date on which the notification in question takes effect.
ARTICLE 60.- Interposition the resource referred to in the previous article, it shall be ordered to be transferred to the counterparty for the term of five days to express The Court of First Instance shall be entitled to do so in its right and without further processing it shall give the Chamber the opportunity to resolve the matter within five days. The magistrate who has issued the appealed agreement shall not be excused.
ARTICLE 61.- When the claim is filed against the agreement that overcomes the judgment before the instruction has been closed, in case of Withdrawal of the claimant, it will not be necessary to give a view to the counterparty.
ARTICLE 62. Resolutions that grant, deny, modify or revoke any of the precautionary measures provided for in this Law may be challenged by the application of the complaint to the appropriate Regional Chamber.
The resource shall be promoted within five days of the date on which the respective notification takes effect. In the form and terms indicated, the Magistrate will order the transfer to the other parties, for the same period, to express what is right. After the expiry of the said term and without further processing, it shall give the Regional Chamber, within a period of five days, to revoke or amend the contested decision and, where appropriate, to grant or deny the suspension requested, or to confirm the resolved, which will produce its effects directly and immediately. The single interposition suspends the execution of the contested act until the resource is resolved.
The Regional Chamber may amend or revoke its resolution when a supervenient event that justifies it occurs.
The Full Court may exercise the right of appeal for the decision of the remedies referred to in this Article in cases of The importance of such a decision or to establish case-law.
ARTICLE 63. The resolutions issued by the plenum, the sections of the Superior Room or the Regional Chambers that decretent or deny the dismissal, dictate in terms of Articles 34 of the Law of the Tax Administration Service and 6 ° of this Law, as well as those that are dictated in accordance with the Federal Law on State patrimonial Liability and the final judgments they issue, may be challenged by the authority through the administrative unit responsible for its legal defense or the federal entity coordinated in corresponding federal revenue, bringing the review appeal before the Court of the competent Circuit at the seat of the plenary, section or regional chamber to which it corresponds, by writing to the person responsible within 15 days of the date on which the relevant notification takes effect, provided that it relates to any of the following cases:
I. Be of amount exceeding three thousand five times the general daily minimum wage of the geographical area corresponding to the Federal District, in force at the time of the issuance of the judgment or judgment.
In the case of contributions to be determined or covered for periods of less than twelve months, to determine the amount of the matter, the amount shall be considered result from dividing the contribution amount between the number of months in the corresponding period and multiplying the ratio by twelve.
II. Be of importance and transcendence when the amount is less than the one indicated in the first fraction, or of an indeterminate amount, and the appellant must reason that circumstance for the purposes of the admission of the resource.
III. Be a resolution dictated by the Secretariat of Finance and Public Credit, the Tax Administration Service or by the tax authorities of the Entities Federatives coordinated in federal revenue and whenever the matter relates to:
a) Interpretation of laws or regulations tacitly or expressly.
b) The determination of the scope of the essential elements of the contributions.
c) Competition of the authority which has issued or ordered the contested decision or dealt with the procedure for which it derives or the exercise of the powers of the check.
d) Procedural violations during the trial that affect the appellant's defenses and transcend the sense of failure.
e) Violations committed in the resolutions or statements themselves.
f) Those that affect the tax interest of the Federation.
IV. Be a judgment given in the Federal Law on Administrative Responsibilities of Public Servants.
V. Be a resolution dictated in the field of foreign trade.
VI. Be a resolution on social security contributions, where the issue is about the determination of bound subjects, of concepts that integrate the basis of contribution or on the degree of risk of the companies for the effects of the risk insurance from work or on any pension-related aspect that the State Workers ' Social Security and Services Institute grants.
VII. Be a resolution in which the right to compensation is declared, or the Tax Administration Service is condemned, in terms of Article 34 of the Tax Administration Service Act.
VIII. Be resolved on the conviction in costs or damages provided for in Article 6 of the Federal Law of Administrative Countercyclical Procedure.
IX. Be a judgment given on the grounds of the claims provided for in the Federal State Heritage Liability Act.
In judgments that deal with decisions of the fiscal authorities of federal entities coordinated in federal revenue, the appeal may be brought by the Tax Administration Service, and by the aforementioned federative entities in the judgments that are involved as a party.
With the writing of the expression of grievances, the appellant shall display a copy of the same for the file and one for each of the parties that have intervened in the file. administrative litigation, to which they must be employed so that, within the period of 15 days, they appear before the Collegiate Circuit Court that knows of the review to defend their rights.
In all cases referred to in this article, the party that obtained a resolution favorable to its interests may adhere to the review filed by the appellant, within a period of 15 days from the date on which the admission of the appeal is notified to it, expressing the relevant grievances; in this case the application of the appeal follows the procedural fate of the appeal.
This review facility should be dealt with in the terms set forth in the Amparo Act regarding the regulation of the review facility.
ARTICLE 64.- If the individual filed direct protection against the same judgment or judgment as challenged by the review facility, the Collegiate Court of Circuit that knows of the amparo will resolve the appeal, which will take place in the same session in which it decides the amparo.
ARTICLE 65. Any resolution must be notified no later than the third day following that in which the file has been taken to the actuary for that purpose and agree the respective reason following the same resolution.
Notifications that are made to the authorities or to moral persons through their Office of the Parties or the Reception Office shall be construed as lawfully where in the relevant document the stamp of receipt by such offices is free.
The actuary that without justified cause does not comply with this obligation, will be imposed a fine of one to three times the general minimum wage of the economic zone corresponding to the Federal District, raised per month, without exceeding 30% of their salary. He will be dismissed, without responsibility for the State, in case of reoffending.
ARTICLE 66. In the notifications, the actuary must provide reason for the mailing or delivery of the notification offices, as well as the notifications personal or by electronic newsletter. The postal charges for receipt and the certified parts returned shall be added to the file.
ARTICLE 67. Once the individuals are in the judgment, they will have to indicate their address to receive notifications, in which they will be informed, personally or by registered mail with acknowledgement of receipt, the following resolutions:
I. The one that runs the demand, in the case of the third party, as well as the placement in the judgment of lesivity referred to in Article 13, fraction III of this Law;
II. The name of the witness who cannot be presented by the offeror and the person who appoints the third party, in the case of such persons;
III. The requirement or prevention referred to in Articles 14, 15, 17 and 21 of this Law to the person who must comply with it, and
IV. The judgment of dismissal in the judgment and the final judgment, the actor and the third party.
In other cases, notifications will be ordered to be made to individuals through the Electronic Bulletin.
ARTICLE 68. The location to the requested authorities and the notifications, the judgment in the judgment where applicable, and the final judgment, will do by trade.
In other cases, notifications to the authorities will be made through the Electronic Bulletin.
Trade notifications shall be made only to the administrative unit to which the representation in judgment of the requested authority corresponds, in accordance with the provisions of Article 5, third paragraph, of this Law.
The requirement or notification to other administrative authorities shall be made by trade.
If the domicile of the principal place of the authority is in the place of the seat of the Chamber, the actuary will make the delivery, collecting the record of receipt corresponding.
ARTICLE 69. The list of orders and orders issued by a Magistrate or Chamber shall be published in the Electronic Bulletin on the working day following its issuance for knowledge of the parties.
The publication shall indicate the name of the Chamber and the address of the Magistrate concerned, the name of the person and the identification of the authorities to be notified, the file key, as well as the contents of the auto or resolution.
It will be served as the date of notification, the date of publication in the Electronic Bulletin, and the actuary will record it in the order or resolution in question.
The Tribunal will carry in special file, the overdue publications of the Electronic Bulletin and will make the corresponding certification, through the public servants competent.
The list may also be made known by means of a printed document which shall be placed in an accessible place in the Chamber where the trials are based, on the same date as to be published in the Electronic Bulletin.
ARTICLE 70. Notifications will have their effects, the business day following that in which they were made.
ARTICLE 71.- Personal notification or by registered mail with acknowledgement of receipt, shall also be deemed to be legally effected when carried out by any the means by which the receipt of the notified acts can be verified by the competent authorities.
ARTICLE 72.- An omitted or irregular notification will be understood to be legally made from the date the data subject becomes aware of its content.
From the Exhorts
ARTICLE 73.- The measures of notification or, where appropriate, of proof of proof, which must be practiced in a region other than that corresponding to the seat of The Regional Chamber in which the judgment is being instructed must be entrusted, first, to the one located at that and in its defect to the judge or magistrate of the Federal Judicial Branch.
The exhorts will be dispatched the next business day to the one in which the actuary receives the agreement that orders them. Those received shall be provided within three days of their receipt and shall be completed within five days, unless the necessary time is required for what is necessary, in which case the required room shall be fixed the time frame that you create convenient.
Once the EEW has been completed, the required Chamber, without further processing, must submit it with the constances that prove the due diligence in the aid of the applicant Chamber.
The measures of notification or, where appropriate, of proof of any proof, which must be practiced abroad, must be entrusted to the Mexican Consulate nearest to The City in which you must be drowned.
To order the appeal, the magistrate of the Court will be able to request the help of some Chamber of the Court itself, of some judge or magistrate of the judicial branch of the Federation or town, or some federal administrative court or some other court of the common jurisdiction.
Of The Terms Computer
ARTICLE 74.- The computation of the deadlines will be subject to the following rules:
I. They will start running from the day following that in which the notification takes effect.
II. If they are set in days, only the working people will be computed by those who are open to the public offices of the Salas del Court during normal working hours. The existence of guard personnel does not enable the days when the work is suspended.
III. If they are marked in periods or have a specific date for extinction, the business days shall be understood; however, if the last day of the period or the The term shall be extended until the following working day.
IV. When deadlines are fixed per month or per year, without specifying that they are calendar, the first case that the deadline expires on the same day of the month calendar after the one in which it was started and in the second case, the term will expire on the same day of the following calendar year to the one in which it was started. Where the same day does not exist within the periods to be fixed per month, it shall be extended until the first working day of the following calendar month.
From Case Law
ARTICLE 75.- The theses supported by the sentences handed down by the Superior Chamber, approved by at least seven judges, will be a precedent once published in the Journal of the Court.
The theses based on the judgments of the Sections of the Superior Chamber will also be a precedent, provided that they are approved at least by four of the Members of the Section concerned and published in the Journal of the Court.
The Chambers and the Magistrates Instructors of a Trial in the course of the Sumaría may depart from the precedents established by the Plenary or the Sections, provided that in the The statement of reasons for their departure must be sent to the President of the Court, which is to be sent to the President of the Court.
ARTICLE 76.- In order to establish case law, the Chamber of the Superior Chamber must approve three precedents in the same way, not interrupted by another.
Case-law will also be established by some Section of the Superior Room, provided that five precedents are approved, not interrupted otherwise.
ARTICLE 77. In the case of a contradiction of judgments, interlocutors or definitive, any of the Magistrates of the Court or the parties to the judgments in the that such theses were supported, they may denounce it before the President of the Court so that he becomes aware of the plenum, which with a minimum quorum of ten Magistrates, will decide by majority that which must prevail, constituting case-.
The decision of the Court of Justice, in cases where this article is concerned, will only have the effect of establishing case-law and will not affect decisions given in the relevant judgments.
ARTICLE 78.- The plenary may suspend a case-law, when in a statement or in a statement of contradiction of statements, it resolves to the contrary the thesis of the case-law. Such suspension shall be published in the journal of the Court.
The Sections of the Superior Chamber may depart from their case-law, provided that the judgment is approved by at least four members of the Section, expressing the reasons why they depart and sending the President of the Court copies of it, in order to make it known to the plenary and to determine whether the application should be suspended, in which case it should be published in the journal of the Court.
The magistrates of the Superior Chamber will be able to propose to the plenum to suspend its case law, when there are reasonable reasons to justify it. The Regional Chambers may also propose the suspension by expressing to the President of the Court the reasoning behind the proposal, in order to submit it to the plenary.
The suspension of a case-law ends when the criterion is repeated in three previous plenary sessions or five of the section, except that the origin of the suspension is The Court of Justice has not been able to do so. In this case, the President of the Court shall inform the plenary session to order its publication.
ARTICLE 79.- The Chambers of the Court are obliged to apply the case-law of the Court, except that this contravening case law of the Judicial Branch Federal.
When a Court Chamber is known to have delivered a judgment in contravention of the case-law, the President of the Court shall request the Magistrates who have voted to The Court of First Instance, in its judgment of the Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice, In the event of a recidivism, the administrative sanction corresponding to the terms of the law of the matter shall be applied.
First.- This Law will enter into force throughout the Republic on the 1st day. January 2006.
Second.- As of the entry into force of this Law, Title VI of the Fiscal Code of the Federation and articles comprising 197 to 263 of the The laws that refer to those precepts shall be construed as referring to the corresponding laws of this Federal Law of Administrative Litigation Procedure.
Third.- The legal provisions, which contravene or object to the provisions of this Law, remain without effect.
Fourth.- The trials that are pending before the Federal Court of Justice and Administrative Justice, at the time of the entry into force of this Law, will be they shall be processed until their full resolution in accordance with the legal provisions in force at the time of filing.
Mexico, D.F., at 4 October 2005.-Dip. Heliodoro Diaz Escarraga, President.-Sen. Enrique Jackson Ramírez, President.-Dip. Patricia Garduno Morales, Secretary.-Sen. Sara I. Castellanos Cortés, Secretary.-Rubicas."
In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I ask for this Decree in the Federal Executive Branch, in Mexico City, Federal District, at the twenty-eight days of November of two thousand five.- Vicente Fox Quesada.-Heading.-The Secretary of the Interior, Carlos Maria Abascal Carranza.-Heading.