So, today we will be interested in Art. 131 Code of Civil Procedure of the Russian Federation. This law is extremely important for those who are going to make a statement of claim. After all, the correct writing of the corresponding complaint plays an important role in the whole process. The slightest mistake - and you will either be recognized as a violator, or you will be refused at all in the institution of a particular case. Therefore, you will have to follow some rules that are enshrined in law in Russia. Remembering them is not so difficult. Especially if you are familiar with any complaints at all. What is prepared for us by modern Russian legislation? What is worth preparing for?
Letter
For example, it is worth paying attention to the very first lines of Art. 131 Code of Civil Procedure of the Russian Federation. The thing is that they prescribe the direct application form to consider your claim. This moment is known to all, and also it must be observed by citizens.
We are talking about the fact that the plaintiff draws up and presents a statement of claim in writing. So and only so. No oral statements or complaints - they have no legal force in Russia. In any case, when applying to the judiciary. So consider this fact. If you have not written a lawsuit, it will not be considered. Moreover, such a complaint is not taken into account and is not considered to be declared in principle. This item is pretty easy to remember.
How exactly? All statements and claims, according to Art. 131 Code of Civil Procedure of the Russian Federation, must be submitted in writing. Conversations are inappropriate; it's just an empty sound that flew into one ear and flew into the other. All complaints and petitions must be presented on paper so that they can be read at any time.
What indicate
The next paragraph also plays an important role. In the same way as everyone else in this article. After all, it is not enough to know only the form for filing a lawsuit. It is required to fulfill the requirements for the content of this document. Otherwise, it will not have legal force.
Part 2, Art. 131 Code of Civil Procedure of the Russian Federation indicates that, according to modern law, the lawsuit must contain the address and name of the court you are applying to. This is an important point, which is indicated at the very beginning. Without it, a statement is rarely accepted in principle, although there are exceptions.
Also here should be written information about the plaintiff and the defendant, their place of residence. It is advisable to indicate the passport data of both parties. In practice, this is not as difficult as it seems at first glance. If the defendant is an organization, its address and name are needed.
The next important point, prescribed in Art. 131 Code of Civil Procedure of the Russian Federation, - this is the essence of the appeal. Here you indicate what exactly happened to you. What is the complaint, what offenses were committed. It also sets out the rules for the treatment of the parties to each other in pre-trial order. For example, you tried to somehow solve an amicable question, it needs to be registered. And how exactly the action took place - too.
Documents and circumstances
Some points behind the scenes include the actual statement of claim. Art. 131-132 Code of Civil Procedure of the Russian Federation also indicate that when applying to the court for the protection of their rights, it is imperative to describe the picture of the violation. That is, to describe the circumstances that occurred in a given situation. In all details, but only the spelling should be true.
Also at the very end of the document you indicate all the papers that are attached to the statement of claim. You can say, list the evidence, as well as everything that will help the investigation of the case. This is also a must. It is impossible to lose sight of it.After all, the presence of documents that will help the course of the judicial debate is necessary, according to Art. 131 Code of Civil Procedure of the Russian Federation, list. Of course, they will also have to be applied. Certified copies are usually sufficient.
Contacts
What else is worth paying attention to? For example, the fact that, according to Art. 131-132 Code of Civil Procedure of the Russian Federation, the plaintiff has the right to indicate contact details in his application. This is not an obligation, but his will. That is, no one will force information to help keep in touch, but their availability will greatly facilitate the process.
What can I write here? Any contact information is suitable: from a phone number and address to email, a page on a social network or skype. Everything that you consider suitable for communication with both yourself and the defendant. These are the norms and rules established in Russia. It is desirable, of course, that all information is true. That is, for example, if you consider the phone number, then it must be registered on the person - the person involved in the case. But this is not the most important thing. The key point here is communication support. If it is possible at the indicated contacts, they will not be considered false.
Interests
Often legitimate interests and the freedom of victims is protected by the prosecutor. For this, there are also certain rules and regulations. The thing is that, according to Art. 131-132 Code of Civil Procedure of the Russian Federation with comments, you will have to try hard so that you have a case for consideration. Why?
This is due to the fact that violated rights and interests must not only be indicated correctly, but also a reference must be made to the law or charter that governs certain norms of behavior. That is, to provide evidence capable of establishing the fact of a real violation. A variety of legal acts can also be taken into account here.
Before serving
Another point without which it will not be possible to file a statement of claim is its confirmation. The main problem is that if you believe the text of Art. 131-132 Code of Civil Procedure of the Russian Federation (a sample application is presented in the article), then the application must be signed before filing.
Who exactly? Of course, the plaintiff. If for some reason he cannot participate in the case, then you can sign the application with the help of a legal representative. He must have the authority to carry out this action. Without a signature, our document today will not have any legal force at all. This is just a piece of paper with some written text that cannot be considered in court in any way. These are the rules in Russia. Quite a normal phenomenon - the signature serves as a kind of confirmation of the will.
I can not attend
Well, the content of our law today has almost come to an end. It remains to consider several rather important points that clarify the algorithm of actions under certain circumstances. For example, how to behave if you yourself cannot be present at a court debate? Art. 131-132 Code of Civil Procedure of the Russian Federation indicate that there is a way out. This does not mean that the lawsuit will not be fully considered.
How to behave in such circumstances? It is enough to put forward a replacement as the plaintiff. This, as is commonly understood, is your legal representative. Moreover, lawyers practically do not belong here. Art. 131 of the Code of Civil Procedure of the Russian Federation with comments indicates that you are obliged to transfer your authority to any person so that he represents your interests in court.
At the same time, the important point is the evidence of the legality of your absence during the judicial debate. If you do not have them, you will have to defend yourself in court. Otherwise, you must prove the impossibility of your presence. For example, the basis for this is a special state of health, being hospitalized or having a serious illness.
You can also entrust the prosecutor with representing your interests in court.To do this, the claim prescribes a direct appeal to this citizen, and also attests evidence of the impossibility of your personal presence in court proceedings.
Rejection
Art. 131 Code of Civil Procedure of the Russian Federation contains certain rules and rules for the preparation of a lawsuit. It also indicates (in the comments) that the slightest deviation from the requirements is a legitimate reason for refusing to initiate proceedings. A judge has the right not to accept a lawsuit made with any errors.
However, in case of rejection of the statement, it is worth explaining the reason for the decision. The plaintiff or his legal representative has the right to re-file the complaint. True, only after fixing all these errors.
In general, making a lawsuit is not so difficult. The main thing is to write in it only truthful information. If you cannot remember something, do not worry - you have the right to change the lawsuit, or rather to supplement it. Of course, in some circumstances you will have to show evidence of your words. But as practice shows, this is usually not required.
