When disputes arise between people that cannot be resolved without the participation of third parties, the parties go to court. Claims in this institution can be considered from two perspectives: civil law and criminal.
In the latter case, the case is sent to the justice authority by the prosecutor based on the results of the preliminary investigation.
If the statement of claim is filed for the first time in any case, it is considered by the court of first instance. The initial stage public authority shall issue a decision, determination or sentence.
In the judicial industry, the first instance is any court that considers the case first. It could be:
- magistrate's Court;
- district;
- arbitration.
The judges of the first stage have a great responsibility - they must fully and comprehensively consider the case and make a decision on it in compliance with all the rules of legal proceedings.
Statement
In order to apply to the court of first instance, the applicant must prepare all the necessary documents. It is at this stage that one can bring evidence, make witnesses and petitions.
After the statement of claim has been submitted to the judicial authority, the judge must determine the correctness of attribution by jurisdiction and jurisdiction. For example, if the dispute concerns the military sphere, then the judge is obliged to refer the case to the appropriate court for consideration. Based on the results of the analysis of the meaning of the statement of claim, a ruling of the trial court is drawn up.
Renouncement
In the event that the application is refused, reasons must be indicated, according to article 134 Code of Civil Procedure of the Russian Federation:
- the claim must be considered in arbitration or criminal procedure;
- the application is filed to challenge acts that do not directly affect the interests of the plaintiff;
- persons who filed an application in defense of the legal rights of other citizens did not have the right to do so;
- there is a court decision on the grounds and between the parties that are claimed;
- there is a decision of the arbitration court in the same case (the exception is the situation when it is necessary to obtain a writ of execution to comply with the decision of the arbitrator)
If the court ruled on the refusal, the applicant cannot re-apply to the same body with the same claim.
Return
The return of the claim is carried out only in cases where the basic requirements are met, but there are some violations defined in article 135 Code of Civil Procedure of the Russian Federation:
- The application is submitted by an incompetent citizen.
- The case is beyond the jurisdiction of this body on a territorial, patrimonial, contractual or other basis.
- The plaintiff did not use the pre-trial settlement procedure prescribed by law - in this case, the applicant is obliged to send a written request to the defendant stating his position and a proposal to resolve the dispute without the participation of a judicial authority.
It is necessary to keep all notifications and checks, which in the future will be evidence that the methods of peaceful resolution of the problem have been exhausted.
If such documents are available, the plaintiff has the right to send the claims set forth in the application for consideration by the court of first instance, enclosing copies indicating an attempt to resolve the issue in pre-trial procedure.
4. The document is not signed or is signed by a person who did not have the right to do so.
Lawsuit without motion
The lawsuit remains in the registry of the court without consideration in the following cases specified in regulation 136 of the Code of Civil Procedure of the Russian Federation:
- if the application form has not been followed;
- the necessary documents or their copies are not attached;
- there is no receipt for the payment of state duty (this does not apply to cases when the applicant is exempted from making money or a delay has been presented to him).
At the same time, any court actions mentioned above can be submitted to a private complaint if, in the opinion of the applicant or other persons involved in the case, the determination is made unfairly.
Such cases in the court of first instance most. The court does not refuse to accept the application and does not return it, but provides an opportunity to correct the shortcomings within a reasonable time.
As soon as the application procedure is followed, the judge sets the date of the first court hearing.
Differences
The consideration of the case in the court of first instance is carried out only on the merits. This means that only at this stage the business is formed, circumstances and evidence are clarified, that is, a study is taking place.
At this stage, you can also refine or modify claims. Any mistake can affect the outcome of the case.
Unlike the court of first instance, higher authorities cannot take into account new applications and petitions if they have not been submitted earlier.
In the event that a petition was filed to attach any element to the case file, but it was not satisfied by the judge, you can ask the judge of the higher instances, the appeal and cassation courts, to do so.
Unlike the judicial authority indicated by us, other courts cannot consider cases on the merits, but reveal possible errors and shortcomings in the process of considering a claim. Thus, higher authorities investigate the legality of the decision by the previous court.
The timing
It should be noted that the decision of the court of first instance can be appealed against for a certain time by filing a complaint with a higher authority. To do this, the applicant must write a document that briefly describes the essence of the case, the result of its consideration by the court of first instance and the erroneous position of the judge.
In the event that the deadline for filing a complaint has expired, they must be restored. The application is submitted to the clerk of the court that originally considered the lawsuit. As a rule, the appeal period is 30 days, unless otherwise specified in a court decision.
Opportunities in court
As the trial court is investigating the case, the following actions are also possible:
- filing a motion to adjourn the court for good reason;
- a request for a court order (delegation of authority of the court to the same body located in another constituent entity of the Russian Federation for interrogation of witnesses or demanding evidence);
- application for a special procedure of legal proceedings.
Also in the first instance, it is possible to divide or combine homogeneous cases, attract third parties or replace the defendant.
Economic disputes
There are also disagreements between legal entities. The claims of organizations are considered by the arbitration court of first instance. In this case, as well as for individuals, the same rules apply.
In arbitration, the parties are required to provide comprehensive evidence and documents. If necessary, examinations are carried out, the appointment of which is declared by a petition.
If there is a statement of claim, the defendant must send a response to the court to the claim or objection, most often in electronic form. Documents are given to the court and the plaintiff for review.
In practice, in almost every case under consideration, the plaintiff objections to the defendant's objections, or vice versa, as well as to petitions received from the other side.
In the first instance, a preliminary meeting is held, which is necessary to ascertain the willingness of participants to consider the case. In the event that the judge decides that the evidence or documents submitted are insufficient, or the plaintiff did not clearly state the claims, a determination is made to correct these shortcomings.
It must be emphasized that this is possible only in the court of first instance.
Court of Appeal of First Instance
At the second stage of the consideration of the case, the judge must make a decision on the application of the citizen. In the event that no violations and errors were revealed that the trial court could have committed, the appeal is denied and the decision of the initial stage is left unchanged.
Petitions, evidence and other elements of a case that were not previously stated in the court of first instance are not allowed in the court of appeal. Higher bodies correct only the interpretation and use of the law.
If there are defects in the decision of the first instance, the citizen's application is satisfied. A judge may appoint a shorter period in a criminal case, and in a civil case, change liability measures.
In the event that the case is complex and requires additional investigation, higher courts do not send materials back. According to article 330 Code of Civil Procedure of the Russian Federation, the justice body considers a claim under the rules of procedure in force in the court of first instance.
An important point! The decision or ruling of the trial court on the criteria that are not related to the legality of the process and the judicial investigation cannot be reversed. For example, if the defendant or the plaintiff considers that the judge was interested person in the case (this may be the reason for the consideration of the claim by another specialist), it is necessary to present strong evidence of this. Only then is it possible to appeal the results by filing a complaint with a higher authority.
Composition of the court
The first instance of the trial provides for several production options:
- single-handedly by one judge;
- three judges;
- jury judge.
In the event that the case is subject to consideration according to one of the above options, but the trial court has violated the rules, you can appeal.
In the courts of the second stage, meetings are held with the participation of one judge, and at the next steps - with the participation of three professional judges.
