Solving complex conflict situations in court: the parties of the trial, drawing up and submitting the claim, the stages of the consideration of the case
It is unlikely that Baron Münhhausen, saying that there are no hopeless situations, meant the possibility of appealing to court. Nevertheless, it is precisely this particular law of a citizen will help to find a legitimate way out of complex life conflicts.
So, when all the ways of peaceful resolution of the conflict are exhausted, only one remains: to solve the case through the court. To do this, it is necessary to prepare a statement of a starting document, which is a peculiar lever that launches the judicial machine.
Process participants
Before proceeding with the consideration of the issues related to the content of the claim, let's decide on the existing persons or the parties to the trial. The one who submits the claim is called the plaintiff. The opposite side, that is, those whose actions (or inaction) who violated the rights and legitimate interests of the plaintiff, he (the plaintiff) and challenges, is called the defendant. These parties are in every case, otherwise the statement of claim simply will not accept the consideration, because with a favorable for the plaintiff the development of events, the court will not be accumulated from anyone will accomplish the compensation for damage.A course of the lawsuit may be several plaintiffs and respondents (for example, a claim submitters a group of residents of the house to the partnership of housing owners regarding the unmotivated increase in membership fees).
In addition, the so-called third parties who protect their rights and interests in the case initiated by other persons can take part in the process. Third parties may declare independent requirements for the dispute, and in this case they have all the rights and obligations of the plaintiff. If the third person does not declare their own requirements, they can enter into a case on the side of the plaintiff or the defendant can either be brought to participation in the case also at the request of the parties, the prosecutor or at the initiative of the court. For example, if you challenge the testament in court, confirm the fact that you cared for the testator, who for it promised to give you a living space, but did not have time to arrange his will documented, relatives of the testator - if, of course, they were aware of what was happening events and supported the decision of the testator. Or, for example, if the decision must be taken regarding the compulsory section of the apartment between the former spouses, the consent should express all those who live in this apartment at the time of the section. In this case, third parties are those who live in the apartment.
Legislation does not prohibit independently entering the trial. However, experience suggests that it is better to take advantage of the help of a specialist in legal intricacies. Starting the search stands with legal advice - practitioners are working on practitioners who will assist you and in the compilation of the statement of claim, and in the representative office in court.
In addition to the amount of services provided to you, the issue of concluding a contract is solved. If a lawyer advises you on the compilation of the claim or conducts an examination of the contract, one of whose Parties you are, your relationship can not be issued in writing. It is enough to get an answer to the question of interest and pay the work of a lawyer. The receipt for payment of services is subsequently unreliable to the materials of the court. With a favorable proceedings, these spending compensate you at the expense of the respondent's funds.
If a lawyer will submit your interests in court, a written contract is necessarily a written agreement, in which your order is described in detail (to present interests in court, for example, but not to conclude a settlement agreement), and the amount of remuneration is indicated during losing or winning the court. All participants in the proceedings are completely equal - this is the key moment of each trial.
Claims, whose partners are individuals, consider the courts of general jurisdiction or global judges (if the total price of the claim does not exceed 100 thousand rubles). If the parties conflict-legal entities or individual entrepreneurs should be applying to the Arbitration Court at the location (legal address) of one of the parties.
Court yes, it's
The statement of claim is submitted to the court in writing. Referred to the date and place of submission of the application; FULL NAME. plaintiff, defendant, their coordinates; The name of the court in which the application is submitted (for example, the "Vontagan District Court of the city of Moscow"); They set out the essence of the case and indicate the question that the plaintiff places the court (for example: "I ask you to recover from I.V. Ivanov, who managed by construction and installation work on the construction of a summer luxury series on my summer cottage, a penalty in the amount of 10 thousand rubles. For the delay in the delivery of work at 3 months). For the Court to accept your claim, it is not necessary to make references to certain articles of law. However, if your statement of claim was a lawyer who knows the law and oriented in what links and guidelines for the norms of rights is necessary. In a concrete case, your chances of a positive outcome of the case are becoming higher.
Schema can be attached documents confirming your requirements or clarifying the essence of events (to save the originals, make high-quality, well-read copies of each document). Note that the number of copies of the claim should correspond to the number of respondents. In addition, before submitting a claim, a state fee should be paid (according to some categories of affairs, the plaintiff is exempted from the payment of state duty, for example, on claims for the recovery of alimony or the protection of consumer rights). The size of the state duty must be clarified in court, it depends on the category of affairs. If the state duty is not paid (according to the categories of affairs, where the plaintiff is not freed from its payment), the court has the right to not consider the case, that is, to leave the claim without movement, notify the plaintiff about this and give him time to pay (the same applies to and fails required documents).
You can submit a claim with a judge on a personal reception, and you can send by mail by registered letter with a notice of the presentation. If you want to file a lawsuit personally, specify to what exactly judge you should contact: judges are divided by territorial sign or by the category of affairs (for example, the marriage processes considers one judge, and labor disputes). Ot, when each judge has adopted days, you can find out in the office of the court (most vessels have Internet sites, so you get the necessary information without leaving the house).
As a general rule, civil lawsuit is presented at the place of residence of the defendant. If you are subject to a lawsuit at your own place of residence, the claim will be returned to you due to the failure of the case by this court. In addition, in the acceptance of a claim, you may refuse if the application is not subject to consideration in the procedure of civil proceedings or if the decision of the same or higher authority has already entered into force on this case. In love, the reason for which you refuse to make a claim or return the lawsuit, the court must be set out in writing.
Assistant and adviser Number one at a trial is not a friend-neighbor relative, but a qualified lawyer who will help to make a statement of claim or present your interests in court, and with timely appeal will eliminate the need to sue, enclosing the world with the opposite.
Litigation
When the claim is made to consideration (if you filed a lawsuit not on personal reception, and in the court office or by mail, you can learn about the fate of your statement by calling the court office or waiting for the agenda by mail), it is started to prepare for the proceedings. The judge will appoint a meeting and the plaintiff (if the claim was submitted not at personal reception), and the defendant. Perhaps the conflict will be able to decide at the pre-trial stage. At the reception of the judge, the plaintiff (or his representative) conveys a defendant with a copy of evidence that confirm the facts that are based on the claim. The defendant (or his representative) clarifies the requirements of the plaintiff and their foundation; Represents written objections on their occasion, and also conveys evidence that substantiate these objections. The parties declare a fate of the request for the recovery of evidence that they cannot receive themselves without the help of the court.
After the case was prepared for the proceedings, the judge makes a definition of appointing it to the proceedings at the court session, notifies the parties and other participants in the process of time and the place of consideration of the case. As a general rule, civil cases should be considered before the expiration of the two months from the date of receipt of the application to the court, and the world judge, before the expiration of the statement of the application for production. In practice, the term can be somewhat increased - it all depends on the workload of a particular judge and the complexity of the upcoming proceedings.
If you can't come to court for a good reason, for example, for illness or due to a service business trip, the court session may be postponed to another day, and in some cases the court decides in absentia if the plaintiff does not object and the defendant was notified on time Date of consideration of the case.
The underlying of the face of the person participating in the proceedings can meet with the materials of the case, making discharge of them, as well as make copies - in any amount; declare the taps (for example, if you are motivated to believe that the witness caused by the opposite side is interested in the outcome of the case and may give inaccurate readings); may be evidence and participate in their research, ask questions to other participants in the process; Cancellations (for example, about the invitation of an expert or carry out additional research); give oral and written explanations to the court; And also object to the petitions, arguments and considerations of other participants in the process and appeal against the decisions and definitions of the court. All these rights will explain to the participants of the process before it began.
Ot, for what time the court session was scheduled, the court notifies all sides by the process - by registered letter, a judicial agenda, a telephone line or a telegram, as well as in any other way. After all evidence is discussed, the Court turns to listen to the judicial debate. Imprivisions consistently advocate the plaintiff and his representative, then the defendant and his representative, and already at the other hand.
Upon completion of the judicial debate, the court is deleted to the advisory room to make a decision. The court decision reads the judge, while clarifies not only the content of the verdict, but also the procedure for its appeal.
Thus, even if the decision is not taken in your favor, you have the opportunity to appeal. True, this does not mean that with the next consideration of the case (the same court in cassation or a higher court), the decision will change in your favor. Therefore, it is only possible to consult all conflict situations through negotiations, and if it is necessary to resort to judicial methods to protect their rights to use the help of a qualified lawyer. We hope that in case our readers suddenly have to resolve the dispute in court, these recommendations will help you find a way out of this situation.
About the court and judges
Let's try to figure out where we should contact the controversial situation. The courts are divided not only by the level of decisions taken, but by what kind of disputes they are authorized to resolve, as well as by the fact that they can take claims.
The Constitutional Court checks the laws on their compliance with the most important law of the Constitution of Russia. True, contact this court may not be a simple citizen to write a statement of claim in the Constitutional Court can not. This right is among representatives of the authorities of the highest level: president, deputies, government members.
Syaks about non-compliance with the Contractor Terms of Construction Treaty, to challenge the will and solve other issues related to administrative, civil and criminal cases, are treated in the courts of general jurisdiction. He heads the system of these vessels Supreme Court of the Russian Federation. But immediately go there is not worth it, there are district courts for this. On the step of the above, the courts of the constituent entities of the Russian Federation (for example, republics or edges).
If the trial concerns issues related to the armed forces (for example, if your country house is damaged as a result of the exercises held on the site located next to the garden partnership), solves its military courts such a courts create where the military unit is posted.
In order to speed up the process of legal proceedings, there is an institution of world judges. Books can be treated if your claim is concerned with the issuance of a court order (for example, to evict the debtor from the residential premises held by him or on the recovery of alimony), or determining the procedure for the use of property, or labor relations (the exception is the work on the restoration of the work and the case on the resolution of collective labor disputes). Also, the authorities of the world judges include the decision of the Family Relations (in particular, the termination of marriage, if there is no dispute about children between the spouses, or the partition between the spouses of joint property at the price of a claim that does not exceed 100 thousand rubles), with the exception of cases The challenging of paternity (motherhood), on the establishment of paternity, on the deprivation of parental rights, the adoption of the child (adoption) of the child. Considers the world judge and criminal cases if the punishment provided for by the Criminal Code for the perfect offense does not exceed 2 years of imprisonment. Finally, global judges are considering property disputes (except affairs about the inheritance of property and cases arising from relationships to create and use the results of intellectual activity), but provided that the price of the claim does not exceed 500 minutes (or 100 thousand rubles). If your claim "costs" more (that is, the contested property is estimated in a large amount), you should contact the District Court.
The world judge will take on the resolution of the dispute alone, and when considering the case in the district court, the decision can take as a judge sole and the judicial board or judge and jury.
There are special courts that consider disputes, one of the sides of which are legal entities or individual entrepreneurs. The claim to the arbitral tribunal is able to help, for example, resolve the conflict between the partnership of the owners of housing and the organization producing the cleaning of the local area.