Tip 1: How to fill out an action
Tip 1: How to fill out an action
In those cases where the achievement of a compromise onit is impossible to dispute a legal relationship, the protection of one's rights can always be done by applying to a court with a statement of claim. The rules for its preparation are established by the procedural legislation of the Russian Federation.
Instructions
1
First, determine the court in whichsubmit a statement of claim, otherwise it will be returned to you. Drawing up the claim begin with the direction of the court, in which it will follow, their personal data, as well as information about the defendant and other persons interested in the outcome of the case.
2
The main text of the statement of claim must consist offrom the chronological presentation of facts relevant to the case, which in aggregate should describe in detail the current situation and the essence of the dispute that has arisen. At the same time, the text should be short and concise, do not write too much, because all the necessary explanations you can make in the course of the trial.
3
Next, give your opinion about what you seeviolation of rights, where and by whom they were admitted. If possible, make references to the articles of current legislation. Indicate the evidence that justifies the claims you claimed. In the event of the collection of sums of money, make their exact calculation, enter the data in the statement of claim. Otherwise, it will be left without movement until the defect is rectified.
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Then sign the claim, below make a listDocuments and other materials that you attach to it. If there is a notarized power of attorney, the application can be signed by your representative. A copy of the power of attorney must necessarily be attached to the claim.
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The ready statement of claim with all copies of the number of persons participating in the case, file with the secretariat of the court, in which, according to the rules on jurisdiction, it is necessary to consider this case.
Tip 2: How to fill out a statement of claim
Protecting one's rights and defending interests sometimesIs in the court. Not everyone is ready to spend huge sums on a representative in court sessions. Knowing the basic rules for filling out a statement of claim for applying to a civil court makes it possible to do without the help of a lawyer.
The claim must be made in writing. It contains the following information:
- the name of the court where you plan to apply;
- your data as a plaintiff, residence or if you represent an organization, then indicate the address of the company, as well as the representative's data (if the claim is provided by the representative);
- Respondent data;
- What is the violation of the rights of the plaintiff and what are his requirements?
- a statement of the circumstances of the dispute and evidence, which confirm the plaintiff's words;
- the price of the claim and the calculation of the amount, which is subject to collection or disputed (if the dispute arose because of monetary obligations);
- information on the sending of the claim to the respondent (if the law or contract provides for the mandatory submission of a claim before applying to the court);
- list of documents to be attached to the claim.
In addition, in the statement of claim, you can specify and contact details of the parties, for example, phone number, fax number, e-mail address, etc.
The claim must be signed by the plaintiff or his representative, if such power is provided in his power of attorney.
The following documents must be attached to the claim:
- A copy of the claim for all parties in the case;
- receipt for payment of state duty;
- power of attorney for a representative (if the plaintiff decided not to participate in the process himself);
- documents that confirm the plaintiff's words, as well as their copies for other parties in the case, if such documents are missing from them;
- documents confirming the sending of the claim to the respondent, if its direction is obligatory under the contract or by law;
- Calculation of the amount that must be collected or disputed. This document is signed by the plaintiff or representative;
- the text of the normative act, if the claimant intends to challenge it.
Of course, the texts of the statements of claim will beDiffer depending on the circumstances of the case, but the claim must necessarily contain the data specified in the law. Otherwise, the judge can leave the claim without moving until the necessary data is entered or the required documents are provided.
Council 3: How to fill out an application to the court
Many Russian citizens still do not dare to file a lawsuit statement at court Even in cases where their rights are severely impaired. Before the mass consciousness of people has not yet reached the fact that the resolution of disputes in courtE - a normal civilized practice of their settlement. Statement in court You can apply for any occasion. If you believe that the right is on your side, feel free to file a lawsuit statement. And this instruction will help you to compile it.
Instructions
1
Litigation statement is drawn up in accordance with the rules provided for in procedural legislation, but some arbitrariness in its preparation is welcomed. Competently composed litigation statement largely determines the outcome courttrial proceedings. But the most important in drawing up statement Is a clear expression of one's own position, as well as the correct selection of the legal and regulatory framework from which it is necessary to build on in the future, courte own interests. In addition, when submitting a lawsuit, it is necessary to clearly calculate its amount, as well as the amount of state duty.
2
Any statement at court must contain a number of mandatory requisites, such as: name courtA, to which the claim is filed, full details of the plaintiff and the respondent, the amount of the claim and the amount of the loancourtDuty (if they areThere is a description of the circumstances of the case that served as the basis for filing the application, the evidence on which the plaintiff's position is based, references to the legal documents that are the basis for the claim, the list of documents attached, the signature of the applicant or his authorized person (in this case, ) .Standard forms of statements of claim can be found on the Internet and use them as a model.
3
The procedural legislation provides,That in addition to mandatory information, a number of documents must be attached to the statement of claim, each of which must be compiled individually. A list of documents that must be attached to the statement of claim: - copies of the claim itself in terms of the number of parties (for the world courtA and courtbut of general jurisdiction. In arbitration, the plaintiff must send the statements to the parties independently, attaching to the claim filed in court, receipts confirming the fact of dispatch);courtOf the custom duty. And, be sure to make sure that there is a note on the transfer of money to the budget - if you plan to act in courtE through a representative, attach a document confirming his authority, - documents that you consider to be evidence on the case, - proof that you have been compulsory beforecourtSettlement of the amount of the claim. He is signed by the plaintiff, his representative, - the text of the published normative legal act in case of his contestation. Having established the claim statement And attaching the necessary documents to it, it can be sent to court.
Tip 4: How to file a claim with the European Court of Human Rights
Referring to the European Court of Human Rightsperson, read the requirements for its formation on the official website of the organization. Fill out the form of the established sample and attach documents showing violation of your rights.
You will need
- - PC with Internet access;
- - documents showing the violation of your rights;
- - copies of documents attached to the appeal.
Instructions
1
Visit the official website of the European Court of Human Rights, following the link indicated at the end of the article. In the window that opens, select English or French.
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Find the vertical menu in the upper left cornerpages. Hover the cursor on the penultimate item Applicants. In the appeared window, activate the Apply to the Court and Application pack parameters.
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Read the information for those wishing to apply to the European Court of Human Rights. Select the Russian line in the list of countries. Save or open the document provided in pdf format.
4
Read the "Convention for the Protection of Human Rightsand fundamental freedoms ". Study the protocols and forms of complaints. Remember that all information is in Russian, and you will not have any problems with its translation.
5
When completing the application form, provide a personalInformation about yourself and state the state against which your complaint is directed. Acting through an authorized representative, attach to the document a power of attorney with the signatures of both parties.
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Outlining facts and violations of your rights, useindividual pages marked with iii and iv. Do not forget to mention all the international institutions you addressed to your case.
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In paragraph 21 of the form, list the documents,Related to your complaint. Attach their copies, which will be returned to you after consideration of the case. Send a complaint and all the necessary documents to the address: European Court of Human Rights, Council of Europe, 67075 Strasbourg Cedex, France.
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When choosing an electronic method of filing an appeal, prepare copies of documents in digital form. Fill out the complaint form by clicking on the Application form online submenu of the Apply to the Court submenu.
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