Tip 1: How to Handle a Judicial Agenda
Tip 1: How to Handle a Judicial Agenda
Participants in the proceedings may be notifiedwith a registered letter with a notification, a summons, a telegram, a facsimile, an e-mail and a text message. It does not matter which way the court chooses to notify, the main thing is that the person is called to the appointed time and the fact of handing the notice is confirmed. The person carrying out the delivery must be handed in the judicial summons in accordance with the rules established by the procedural proceedings.
Instructions
1
The court session is appointed with such calculation,So that all persons involved in the process are properly notified and able to prepare for the conduct of the case. The summons is sent the day after the judge's decision to appoint the case to the trial.
2
The judge instructs to deliver judicial notices andCalls by mail or a specific person. To implement the principle of legality, a judicial summons is handed to a citizen personally. In this case, the addressee must sign the return of the document to the court, for example, the postal notice or the counterpart of the summons. At the same time, the date and time of delivery of the judicial notice is fixed.
3
If the time and place of the trialOr a separate procedural action is notified to the organization, the agenda is handed to the official or authorized person who is required to sign on the back of the agenda or notification, also with an indication of the date and time.
4
Missing at the time of delivery to the addressAn adult member of the family who jointly resides with the person summoned to the court, and has agreed to give him notice, may inform the citizen of the court summons. A citizen, against whom an action has been filed for the recognition of him as having limited legal capacity or incapacity, the notice shall be given only to him personally.
5
If the addressee is temporarily absent and close to the personsKnows the place of his departure and the date of his return, the letter-carrier must reflect this information on the back of the agenda or postal notice. If the citizen does not actually live at the address specified in the claim, the notice can be sent to the place of his work.
6
In the case of the adjournment of the proceedings, the judge on the spotdetermines the time of the next hearing on the case and announces this to the participants present with a record in the record of the court session. Persons who did not appear in court, the delivery of the judicial summons is allowed through the participant in the proceedings, who agreed to deliver the notice. The same person is obliged to return the back of the judicial summons with the signature of the addressee.
7
If the addressee refuses to accept the agenda,The document returned to the court is made by the relevant mark of the disinterested person. Otherwise, the citizen who refused to accept the notice will be given the opportunity to challenge the fact of the delivery of the judicial summons, referring to the unfairness of the interested person who tried to give him the notice.
Tip 2: How to pay the summons to the court
To one of the forms judicial calls and notifications is the judicial summons. It contains the name of the court and the addressee, the place and time of the upcoming court hearing, the name of the case and an indication, in which capacity the addressee is called.
Instructions
1
Judicial summons sent by court throughmail or through the person to whom the judge instructed them to deliver, are not paid by the addressee, they are given free of charge. The issue of paying subpoenas to a court can be considered only from the position that the person who received such a document incurred certain costs related to appearance and attendance in court.
2
Article 94 of the Civil Procedure CodeRF fixed types of costs, which can be called legal costs. Along with the rest, they include travel and accommodation costs associated with the appearance in court, as well as compensation for the loss of time in cases where a dishonest party was declared a groundless claim or this party systematically prevented the proper and timely consideration of the case.
3
In the Labor Code of the Russian Federation there is also an article,establishing that persons performing state or public duties not only do not lose their place of work and daily earnings, but also receive certain compensation. These duties include the appearance of a citizen in court as an expert, specialist, witness, interpreter or victim.
4
The size, sources and order of the indicated paymentsis determined in the CCP RF. Thus, the work of specialists and experts, performed on behalf of the court, is paid if it does not apply to their direct job duties. The amount of payments is determined by agreement with experts and experts and in agreement with the parties.
5
Witnesses, experts and specialistsfunds are paid to cover travel and accommodation expenses related to the presence in court, and daily allowances are issued. Non-working witnesses are paid compensation for time spent and distraction from ordinary cases, based on the actual time spent and the minimum wage. In each specific case it is necessary to be guided by the norms of the current legislation and the role in the court of the person who received Agenda.
Tip 3: How to return your property
It happens that the owner, whose property is at the third person, does not know what measures to go for the return of his things. Depending on the specific situation, actions aimed at achieving this goal may be different.
Instructions
1
To avoid problems with the return of your ownproperty, when you transfer it to someone, sign a contract or get a receipt. The contracts may be different, depending on the purposes for which the property: storage, rent, loan, collateral, etc. In the document, specify the period for the return of the thing, which can be determined by a specific date, period, or timed to the occurrence of an event.
2
Keep in order documents that you canprove your ownership of the thing. The composition of such documents depends on the type of property and the way it is acquired. This can be, for example, a sales receipt, a sales contract, a certificate of the right to inheritance and others.
3
Use the possibility of self-defense of one's rights,which is stipulated in Article 12 of the Civil Code of the Russian Federation. This means that to return your property you can take any action that does not violate the law and is not excessive in a particular situation.
4
If self-protection of property rights turned out to beineffective, seek help from justice: file a statement of claim. If the dispute is economic and related to entrepreneurial activity, the case will be considered by the arbitral tribunal, otherwise - the district court, and if the claim price is up to fifty thousand rubles - the justice of the peace. For a successful outcome of the case it is desirable to enlist the assistance of an experienced lawyer.
5
Keep in mind that from an unscrupulous owneryou can claim reimbursement or return of all the income that it has earned with the use of your property for the entire period of ownership; from a bona fide owner - for a time when he had to learn or learn about the illegality of possession. If it is difficult to determine such a moment, the moment is taken into account when the bona fide purchaser has been handed a summons to summon the court.
6
After the court decision comes into force, get the writ of execution in court and transfer it to the bailiff service, which is required to ensure the return of your property.
Council 4: What decision was taken in London in the case in the case of "Berezovsky vs Abramovich"
Boris Berezovsky, one of the most famous andinfluential Russian oligarchs of the 1990s, filed a lawsuit against Roman Abramovich in the London court five years ago. However, only now the London justice has finally delivered its verdict.
