How to find out which court to appeal to
You want to get a divorce from your husband,On the contrary, to challenge a debt, to sue a part of the inheritance or to punish the seller who deceived you? In all these and other similar cases it is necessary to go with a statement to the court. True, not everyone knows exactly what. And at first they are lost not only from their diversity, but also from the "terrible", incomprehensible and numerous term "jurisdiction".
Road to the court
The first, with what it is necessary to begin necessary forprotect their rights campaign, it is to learn the addresses, phones and timetable of the municipal and world court. For this it is sufficient to search the information on the Internet. Then it is worth consulting with knowledgeable people who will help write a statement, collect documents and prompt which of the courts you should contact. For example, with a lawyer, or just a competent lawyer.In terms of importance
The courts, considering the applications of citizens,are municipal and world. The first of them accept most civil suits. With the exception of those judges of the peace that are within the competence or especially important that are considered by judges of the subjects of the federation or the Supreme Court in Moscow. The legislator assigned several categories of cases to the world courts. Among them are suits for obtaining a court order, divorce, but only if the family has no children, and there is no dispute about the property, and several property disputes. Among the latter, in particular, include cases on establishing the procedure for use, as well as the division of property and disputes in an amount not more than 50 thousand rubles.Territory of the claim
Visit to the court must be postponed until the moment whenYou do not exactly define yourself, or you will not be helped to do so, the so-called jurisdiction. Simply put, it is first necessary to find out which court will take the appraisal of your claim, for the trial in the first instance. Jurisdiction is divided into two types - territorial and subject. The first determines which district or city court can consider the statement of claim. There are five territorial jurisdictions. 1. General. The application should be sent to the court located where the defendant is a person or an organization. Alternative. With such jurisdiction, the plaintiff has the right to choose. In particular, in cases where you do not know where the defendant actually lives, they intend to collect alimony, divorce, restore their violated housing or labor rights. Alternative jurisdiction is also permissible in the case of compensation for damages and harm to health, death of the breadwinner or violation of your rights as a consumer. Exceptional. The law specifies cases in which applications can be submitted only to certain courts. These include cases related to claims to the deceased and left by the creditors; the release of property subject to arrest; violation of rights to land, buildings and structures; to carriers.4. Private negotiation. It is permissible only with the agreement of the parties to conduct the process in the district or world court they have chosen. But it is prohibited if the case falls within the category of exclusive jurisdiction. For communication purposes. It is used by judges to save time and effort. An example of such jurisdiction: the claim was brought to several defendants residing in different places. In this situation, the plaintiff receives the right to send an application to one court, and not all at once. The jurisdiction for communication of cases is also allowed in the filing of a counterclaim in the event that a civil claim arises from the materials of the criminal case.Look at the subject
The subject jurisdiction determines the level of the court. According to this criterion, the district, city, representing the subject of the federation (oblast or province), the Supreme Court, and also the military and specialized court are distinguished. The bulk of the claim is in district or city courts. In the subjects of the federation, claims are being considered on cases that are directly related to state secrets; on the contestation of infringing personal rights and freedoms of normative documents issued by the administration of the city or township; Related to the work of the election commission. And in the latter case, complaints are made both for the bad work of the commission and for its incorrect liquidation. To appeal to the Supreme Court located in Moscow is meaningful only if you want to appeal against the activities of the country's leaders, political parties and organizations, state bodies and the Central Election Commission. Including, and the documents issued by them.
