Tip 1: How to write a request to the court

Jurisprudence

Tip 1: How to write a request to the court

During the course of judicial Proceedings, both the plaintiff and the defendant may constitute a variety of Queries to court. Everything starts with a statement of claim and ends with a request for a decision. In any case, it is necessary to familiarize yourself with the basic rules for drawing up such documents so that you do not have problems with obtaining the desired result.

Instructions

Form the request header in court. Any document must necessarily have information about who is being sent the application and from whom, which are indicated in the upper right of the sheet before the main text. In the case of a court, the name and address of the institution should be noted.

Then write the word "Claimant" and specify the name, addressresidence and contact phone number. If you write a lawsuit, then from the bottom you will find similar information about the defendant. If one of the parties is a legal entity, then the main requisites of the enterprise are indicated.

Write a statement of claim. As a rule, it has a free form. In this case it is desirable to comply with the norms established by law. Write in the center of the document under the requisites of the letter "Statement of Claim" without a point at the end. Start the event description in chronological order.

The situation should be described in sufficient detail,so that the court does not have a feeling of incompleteness or incompleteness of information. Each new event is described with a new paragraph. All information must have a logical sequence. It is not necessary to use links to specific laws in the application.

List the documents that are attachedTo the suit. Put date and signature. In the absence of the latest requisites, the request to the court will not even be considered. Pay the state fee and file a claim with the court. As a rule, the judge considers and accepts the received claims within five working days.

See the resolution part of the solution at the end judicial meeting. After that, wait until the judge passes the final decision to the judicial office. This document will come into force within 10 days after its writing. This time is given to the respondent or the plaintiff to appeal against the decision taken in the appellate court.

Write a request for a court decision. To do this, you need to contact the office or send a letter to the address of the court. In the first case, you will be provided with a request form, in which it is sufficient to indicate your passport details and obtain a court decision. In the second case, the application is drawn up in an arbitrary form with mandatory indication of the requisites judicial decision and the application of a certified copy of the passport or other identity document.

Council 2: Which cases are considered by the court in special production

In some civil cases between the partiesthere is no dispute about the law, but it is necessary to obtain a judicial decision to enter into an inheritance, to receive a pension or to correct the documents. For such cases, the civil procedural legislation provides for a special procedure for examining certain categories of civil cases.

In special production, the terms of court hearings are shortened

Some civil disputes area special order that differs from the general civil process. Such cases are characterized by the specifics of the claimed requirements and the absence of a dispute between the parties about the rights for the application. In a special proceeding, the parties are referred to as the applicants and interested parties, the jurisdiction of the cases is determined somewhat differently, and the application is not submitted to the court.

Categories of cases considered in special proceedings

The list of disputes is clearly defined by the legislator:• Establishment of legal facts (finding in the marriage relationship, belonging to the person of the document, kinship, paternity, adoption, possession of property, opening the inheritance, etc.), • establishing paternity, adoption, • establishing the citizen dead or missing, • recognizing incompetent or, conversely, capable (the emancipation of a minor), • recognition of an ownerless thing, • referral to a psychiatric hospital for compulsory treatment, • in case of the loss of a court case, its recovery, • the change in the content of documents issued by the CAAGs. This list is not restrictive, and the law may provide for other cases of cases in a special order. Each order has its own order.

Production features

Cases are considered only in district courts. Most applications are received at the applicant's place of residence. The document should indicate the reason for applying to the court. For example, when considering a case on making changes to the act of recording a birth or establishing the fact of kinship, you need to write down why a court decision (inheritance, pensions, etc.) is necessary. Each order category has its own order. The Code of Civil Procedure of the Russian Federation contains a list of documents required for the consideration of the application.

If the judge determines that there is a dispute in the case about rights or the interests of other persons are affected, he leaves the application without consideration and invites the applicant to apply to the court in the usual manner.

In some cases, the legislator reduced timeTheir consideration. Thus, for example, the application for sending a patient to a psychiatric hospital should be considered within 2 days of being placed in a hospital. State agencies, such as guardianship and trusteeship departments, prosecutors, notaries, etc., may participate in special proceedings.

Representatives of state bodies have the same rights as other participants in the process. Following the hearing, they give their opinion.

According to the general rules of civil procedure,Who has made the decision, can not abolish it independently (with the exception of absentee verdicts). In a special proceeding, the court's decision to declare a person deceased or missing can be revoked by the same court if the citizen is alive.

Tip 3: How to write a request to the organization

Not always the necessary information can be found in theOpen sources. Therefore, citizens and legal entities have the right to apply to the competent authorities for requests for necessary information. These requests should be in the form of Requests. The text of the request is written in an arbitrary form, but there are certain rules for its execution.

Instructions

Before writing a request, specify whichOrganizations can provide you with the requested information so that you do not get a response as a result of waiting that your addressee does not have such information.

If you write a request on behalf of the organization, thenIt should be written on its official form and signed by the head. In the upper left corner, specify the post of the head of the addressee organization, its full name and mailing address. Please note that, as with any official document, literacy requirements, correct spelling and logical presentation of the text are required.

You can title a document as a "Statement" or"Inquiry". In the title part, if you are an individual, indicate your name, first name and patronymic, address of residence and contact numbers, e-mail address. The more information you provide, the faster you can wait for an answer.

Appeal is better to begin with the words "Dear IvanIvanovich! ", Indicating the name and patronymic of the head of this organization-addressee. You can see this information on the Internet or apply for their receipt to the secretariat of this organization.

In the main text of the request, please specifyThe purpose for which you require the requested information. If this information does not relate to commercial or state secrets, do not contradict the legislation regarding the provision of personal data, then you have the right to expect an answer.

In the event that the information was notwas provided within the timeframes provided for by legislation or internal documents of the organization regulating the proceedings, write the request a second time, indicating in the text that it is secondary. If this time there is no response, then you should appeal to a higher An organization, only after that you can apply to the court with a complaint about not providing the requested information.

Tip 4: How to write a document request

In accordance with the law "On the procedure for consideration of applications of citizens of the Russian Federation," each of us has the right to request any organization for any question that interests you.

Instructions

Depending on the purpose of the appeal, this organization may be an archive of a registry office, a tax inspection, an archive of the FIU, an enterprise personnel department, a court office, a city administration, etc.

You can make a request in writing or electronically, send it by mail, fax or fill out the appropriate form on the website of the organization you are contacting.

If you make a request in writing,Write in the upper right corner the name of the organization and its legal address, name and position of the person in charge whose name you are composing the request (if necessary). Next, specify your name, postal address (with the index) and contact phone number.

In the body of the request, explain whichinformation or certified copies of what documents you require, and on what subject. List all the questions that interest you with a numbered list or list the documents you need.

Attach to the request a certified copy of the documents required for your appeal to be considered. In either case, you will need a certified copy of your passport.

Send the request by registered mail with a notification,by fax or by e-mail (with attached scans of documents). Please note: when sending a request by e-mail or fax, you should immediately call back to this organization and make sure that the letter is received.

If you decide to apply to the organization by contacting its website, fill in the appropriate form and click the "Send" button.

You must receive a response to your request within10 days from the date of its receipt by the addressee. After the expiration of this period, contact the representative of the organization by phone and find out the reason for the delay, after which either make another request, or contact the court with a complaint.

Tip 5: How to write a request to a bailiff

In order to enforce a court decision after a court hearing, one should write inquiry judicial Bailiff and together with the executive sheet carrydocuments to the district department of bailiffs. Request to write in an arbitrary form addressed to the head of the bailiff service at the place where your writ of execution is located.

You will need

- copy of the passport;
- two envelopes;
- two copies of the writ of execution;
- the details of your bank account.

Instructions

Writing inquiryBut judicial Bailiff Start with the name of the bailiff service,as well as the names and addresses of the debtor and the recoverer. Be sure to include the number and date of the judicial decision to initiate enforcement proceedings.

In the text describe your request and be sure toJustify it. At the end of the text, ask to collect and transfer to your account a certain amount of money. Do not forget to specify where exactly you need to transfer money, specify your bank account number. All the necessary requisites and the name of the bank write completely. In addition, you can ask for a ban for the debtor to travel outside the country.

Attach to inquirythe original of the writ of execution. Give the date, initials, surname (in full) and signature. Request for judicial Bailiff Make in duplicate and hand it to the office or mail it by registered mail with a notice.

Note that bailiffs only accept typewritten inquirys, not made by hand. Handing over inquiry with the executive sheet, also make sure that the documents on the stamp are stamped with the acceptance and signature. Within three days after filing you should appoint a bailiff-executor.

The order of its work is regulated by the FederalLaw No. 229-FZ "On Enforcement Proceedings". Bailiffs usually take citizens several times a week. They can not refuse to accept your writ of execution if you submit all the documents listed in the above-mentioned document.

You also have the right to make an appointment with a particular court Bailiff, Which deals with your case, and get acquainted with the materials of the enforcement proceedings. Do not forget that inquiry And the writ of execution is submitted only to the bailiffs of the district in which the trial took place.

Council 6: How to write a complaint to the Constitutional Court

The possibility of applying citizens and associations to the courtwith complaints on violations of constitutional rights and freedoms is guaranteed by the Federal Law No. 1-FKZ of July 21, 1994 "On the Constitutional Court of the Russian Federation". But the court's practice shows that the overwhelming majority of such requests (about 95 percent of those received) are poorly prepared and do not undergo primary screenings. Therefore, pay special attention to the requirements for such appeals.

Instructions

Before turning to the Constitutional Court court Russian Federation, you should make sure that your request corresponds to the subject matter of cases considered by this authority. Since the practice of courtBut shows that a lot of calls wereAre mistakenly addressed, or the form and content of the complaint do not meet the requirements of the law, the main of which are as follows: the current law should affect the constitutional rights and freedoms of citizens; The law is applied in a concrete case, which has already been examined in courtE.

Think about the unconstitutionality of exactly what rule of law you want to prove, prepare the arguments. Especially welcome courtRussian and international courts. Point out the importance of the problem and the possibility of improving legislation on the stated topic.

Start drafting a complaint, in advanceHaving got acquainted with the list of the requirements shown to its maintenance. It is obligatory to indicate: - the name of the body to which the complaint is sent - the Constitutional Court of the Russian Federation - the details of the applicant (for natural persons - full name and place of residence, for legal purposes - name, address, etc.) - data on the applicant's representative, description of his powers, except for cases when the representation is carried out by office - the name and address of the state body that issued the act to be verified or the competitor involved in the dispute - the provisions of the Constitution of the Russian Federation and the Federal Council the exact title, date of adoption, number, source of publication and other data on the act subject to verification, on the provision of the Constitution of Russia subject to interpretation, - the specific grounds specified in this Federal Constitutional Law, to the consideration of the complaint of the Constitutional Court of the Russian Federation - the position of the applicant on this issue and its justification with a mandatory reference to the norms of the Constitution of the Russian Federation - the request addressed to the Constitutional Court of the Russian Federation - the list of documents attached to the complaint.

To the complaint sent to the Constitutional CourtThe following documents may be attached to the Court: - the text of the standard subject to verification, or the provision of the Constitution of the Russian Federation, which is subject to interpretation; - a power of attorney or other document certifying the representative's authority;courtof the custom duty.In addition, it can be translations into Russian of those documents and materials that are set out in another language. As well as lists of experts and witnesses who will be invited to address the COP.

Prepare a package of documents inThe Constitutional Court of the Russian Federation. You can do this by contacting one of the two receptionists located in Moscow and St. Petersburg. Sending complaints to the COP is recommended at the following address: 190000, St. Petersburg, Senate Square, Building 1. The schedule of work and the address of the reception can be found on the official website of the COP by clicking on the link at the bottom of the page.

Council 7: How to write to the Constitutional Court

Constitutional Court The Russian Federation verifies the constitutionality of the law, whichwas applied in a specific case, which had already been examined by other judicial bodies, and could also help in cases where the constitutional rights and freedoms of citizens or associations are violated.

Instructions

Please note: the Constitutional Court (hereinafter referred to as the COP) only appeals (from associations) or complaints (from individuals) can be sent. Applications, petitions, requests, etc. The Constitutional Court does not consider.

In the text of the appeal (complaint) in the COP,the name of the applicant (full name of the citizen), legal address (or address of registration), number of the certificate of registration (passport data). If your representative is interested in the COP, you will also need to include all the necessary information about him, - the name and legal address of the body that issued the act to be checked, - the exact details of the act to be verified (title, number of the act, date adoption and entry into force, the source of publication) - specific references to the Constitution of the Russian Federation giving grounds for considering the appeal (complaint) in the Constitutional Court - the applicant's position on this issue and its justification with reference to articles of the Constitution of the Russian Federation - request or requirement in connection with the appeal (complaint) to the Constitutional Court - the list of attached documents proving the validity of the appeal (complaint).

In the list of documents sent to the COP,enter: - the full text of the act to be verified or the articles of the Constitution to be interpreted - the power of attorney confirming the authority of the person representing your interests in the Constitutional Court - the document on payment of the state duty - the apostille of the documents in foreign languages necessary for the consideration of the appeal (complaint) .

Attach, in addition to the above documents, toappeal (complaint) a certified copy of the official act, which confirms the application of the act complained of in resolving the case. Refer to him to the official or the body that dealt with the case. You can apply to the COP with an individual or collective complaint (appeal).

Council 8: How to write an appeal to the court

Decision court, which has not entered into legal force, can be appealed within ten days from the date of its issuance. This can be done in administrative or judicial order.Appeal in administrative order does not exclude the right to apply to the court with the same question.

Instructions

Start compiling a complaint with the following information: the name of the body to which you send the document, your personal data. In case of administrative challenge, the complaint against the decision is forwarded to the person who has authorized him to consider such complaints, or to the superior head of this administrative body. When sending a complaint to the court, indicate the name court, in which it is sent, the name of the claimant and the respondent with their addresses and an indication of the decision court, which is appealed.

In the center of the page write the word "Complaint", then clearly and consistently state all the objections and explain what exactly in the decision court you do not agree. Suggest, if possible, your own way out of the controversial situation.

Attach to your complaint a copy of the order,which you want to challenge and evidence supporting the fallacy of the decision. If you have no evidence in your hands, but you know for sure that they exist, but are in a place inaccessible to you, intercede for their demand.

Complete your complaint with a cancellation requestillegal decision and restoration of your rights. Put your signature on the complaint and indicate the current date. If the document is signed by a representative, a power of attorney must be attached to it, confirming its authority.

Attach to the complaint a copy of the receipt for payment of state duty.

If the complaint is sent in violation of the deadline, indicate in it the valid reasons for the delay and ask for the restoration of the term.

Sources:

as the court requests documents

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