What are the reasons for applying to a justice of the peace? The sample is useful in a variety of cases. Let us first consider the powers of the justices of the peace, what matters they do. We investigate some features of legal proceedings in a magistrate court.
The judicial system of the Russian Federation
The judicial system of Russia consists of general, arbitration and military courts. General courts are divided into two groups: federal and world. Actually, in Russia, world justice is represented by justices of the peace serving the plots allocated to them.
The appeal court for them is the district courts in whose territory they operate. The task of magistrates is to consider the mass of simple, but time-consuming cases due to the need for paperwork. Below we consider in what cases a sample application to a justice of the peace is needed.
Boundary of authority
It is determined by the articles of the Civil Procedure Code on jurisdiction. The jurisdiction of justices of the peace includes consideration of the following cases:
- on the issuance of a court order;
- on the termination of marriage, if there is no dispute about the children (fatherhood, motherhood, with whom they will live after the divorce, etc.);
- disputes about property, the price of which does not exceed the bar of 50 thousand rubles, except disputes about inheritance and intellectual property;
- on determining the procedure for using property.
If the claim combines the requirements, some of which are considered by the justice of the peace, and some by the district judge, then the materials are transferred to the district court. A transfer shall be made if the relevant requirements are brought in the lawsuit during the course of the proceedings.
Thus, a sample application to a justice of the peace is useful when filing an application for the issuance of a court order, a statement of claim, statements of a procedural nature in the course of proceedings, and upon receipt of court decisions.
Order production
It applies to cases in which there is virtually no dispute. This is an unfulfilled duty. In what cases are samples of applications for a judicial order to a justice of the peace? The law provides a limited list of grounds for collecting:
- on a transaction executed in a simple or notarial form;
- child support without raising the question of paternity, motherhood;
- accrued but unpaid amounts to the employee;
- expenses for the search for the debtor, defendant or child;
- debts for housing services;
- arrears in payment of contributions by members of the HOA or building society.
Statement Structure
Regardless of the reason for applying to the justice of the peace, the sample is constructed according to the following scheme:
- Indication of the number of the world precinct whose judge is applying;
- FULL NAME. or name of the recoverer, place of residence or location, respectively;
- FULL NAME. debtor, place of residence, work, date and place of birth;
- a description of the circumstances giving the right to recovery, a reference to evidence, regulatory documents;
- list of copies of attached documents;
- receipt of payment of duty;
- signature and filing date.
If the application is submitted by a representative, a copy of the power of attorney is attached. What should be remembered in the case of orders? As long as the applicant does not have a refusal to issue an order or a court ruling on its cancellation, he has no opportunity to file a claim.
Debtor's actions
The procedural law provides for a simple procedure for getting rid of an order. All that is needed is a sample application to the Justice of the Peace for cancellation.
The document indicates:
- World Plot Number
- information about the debtor (full name, place of residence or location);
- a summary of the reasons for the appeal (issuing an order, indicating its details to facilitate the search for a case);
- a request to the court to cancel a previously issued order;
- signature and filing date.
The law says nothing about how such a statement should look. You can choose another scheme of compilation, but the amount of information should be sufficient to understand from whom and for what reason the application was received. According to the law and explanations, the fact of the request is sufficient.
For the claimant, the search for a sample application for an order of a justice of the peace is a necessary stage before filing a lawsuit. Almost all debtors manage to request.
The only requirement for the application is that it is submitted no later than 10 days after receiving a copy of the order.
Court assistance in child support
A sample peace support application is used if there is no dispute about paternity. The statement shall include information about the mother, father, and children. The description of the circumstances is as brief as possible: the fact of marriage and the birth of children. Nowadays, they often refer only to close relationships and the birth of common children, confirming this with a birth certificate. Then, the unwillingness of the father of the child to provide financial assistance to the child and his mother is noted.
An application for alimony is entitled to be submitted by another person in whose care the child is legally located.
An order is issued if the judge needs to decide what proportion of the debtor’s income is to be collected. If a question arises about a fixed sum of money or child support is already paid to another child, they will immediately file a lawsuit. Since there is a dispute about law.
Claim
A lawsuit is filed almost according to the same rules, with some nuances:
- indication of the number of the world site;
- information about the plaintiff (full name, place of residence, contact details);
- information about the defendant (full name, place of residence, contact details);
- statement of circumstances;
- court requirements;
- list of copies of documents attached to the claim;
- receipt of payment of duty;
- filing date and signature of the applicant.
Copies of documents are submitted according to the number of participants in the process. Their insufficiency is a reason to set aside a lawsuit without movement.
What documents are attached?
The task of the claimant or plaintiff is to justify his claim. For this purpose, documents confirming this right are attached. For example, copies of documents submitted by the HOA on the provision of services: contracts, acts of accepted work, etc.
If debt is recovered, then debt calculation is attached. The lack of necessary information is the basis for the denial of the claim.
In samples of claims, the justice of the peace is always indicated on the application (paragraph with a list of attached documents). In some, it is only indicated, in others an approximate list is given, which helps to navigate what exactly the judge needs.
An integral part of the application is the report of the appraiser, if it comes to property, and there is no exact information about its value. In this situation, assessment is indispensable.
Sizes of state duty
The formula for determining the duty in the tax code makes its size dependent on the amount of claims, and in addition a surcharge of several percent of the amount of claims is made. The minimum and maximum duty limits are set. Legal entities pay it in an increased amount.
The issuance of the order is paid in the amount of 50% of the amount that would have been paid when filing the claim. If a claim is subsequently filed, then expenses are taken into account in connection with the filing of an application for the issuance of an order.
Decision Making Features
The procedural law allows to make decisions in an abbreviated form. What does it mean? The judicial act is executed without a motivation. Only introductory, descriptive and resolute are written. Its preparation takes much less time, 10-15 minutes.
The participants in the process who were present at the announcement of the decision have three days to submit a request for a reasoned decision.If the participant in the process was not present at the meeting, he has 15 days to submit an application. Time is counted from the day the operative part is announced.
The judge must draw up a decision no later than 5 days after receiving the application from interested parties.
How to write a statement:
- specify the recipient;
- FULL NAME. interested person;
- indicate the number of the case, its essence (who addressed whom and for what reason);
- ask for a reasoned decision;
- signature and date.
Other statements
Applications filed during the trial are drawn up in approximately the same way:
- Indication of the plot number, initials of the judge.
- Who is contacting (full name, initials).
- The essence of the appeal, links to laws.
- Signature and date of appeal.