Table of contents (expand)
- The concept of civil process (legal proceedings). Tasks, types and stages of civil proceedings
- The concept of civil procedural law: subject, method and system
- Sources of civil procedural law
- The concept, meaning and classification of the principles of civil procedural law
- Civil procedural norms (concept, types, features, structure). Effect of civil procedural rules in time and space
- The essence, main features and significance of the civil procedural form: concept, features, meaning and consequences of its violation
- The place of civil procedural law in the system of Russian law. Process science
- Concept, prerequisites for the emergence and structure of civil procedural legal relations
- Features of civil procedural legal relations
- Subjects of civil legal relations. Internal affairs bodies as participants in civil proceedings
- The concept of persons participating in the case. Civil procedural capacity and legal capacity
- Hand
- Third parties
- Participation of a prosecutor in civil proceedings
- Participation of state bodies, local governments, organizations and citizens defending violated or contested rights, freedoms and legally protected interests of other persons
- The concept, goals and types of representation in civil proceedings
- Powers of judicial representatives and their execution
- The concept and types of judicial jurisdiction
- The concept and type of jurisdiction
- The procedure for resolving issues of jurisdiction. Change of jurisdiction
- The concept of court costs. State duty
- The costs associated with the consideration of the case
- Distribution of court costs
- Procedural deadlines
- The concept of a claim. Subject, grounds and content of the claim. Types of claims
- Right to sue
- Complaint and procedure for filing a claim
- Securing the claim
- Concept and classification of court evidence
- Subject and means of proof
- Evidence Process
- Essence, meaning and tasks of preparing a case for trial
- Proceedings to prepare the case for trial
- Appointment of a case for hearing. Court Notices and Summons
- The value of litigation. Procedure for holding a court session
- Postponement of the trial
- Suspension of proceedings
- Ending a Case Without Judgment
- Minutes of the court session
- Judgment. Judicial determination
- The essence of the judgment, its types
- Requirements for a Judgment
- Elimination of shortcomings of the judgment by the court that issued it
- The entry into force of the court decision
- Determination of the court of first instance
- The concept and significance of absentee proceedings
- Content and validity of default judgment
- Protection of the rights and interests of the defendant in absentia proceedings
- The concept and meaning of writ proceedings
- The procedure for issuing a court order
- The procedure for issuing and the content of the court order
- Appeal (proceedings to review decisions and rulings of magistrates)
- Procedural procedure for considering cases arising from administrative legal relations
- The concept and essence of special production. Types of cases of special proceedings
- Establishment of facts of legal significance
- Recognition of a citizen as missing and declaration of death
- Recognition of a citizen as partially capable or incapacitated
- Recognition of property as ownerless
- Restoration of rights under lost bearer documents (call proceedings)
- Cases on establishment of adoption (adoption) of children
- Finding Incorrect Vital Records
- Complaints about notarial acts or refusal to perform them
- The concept and tasks of cassation proceedings
- The right to cassation appeal against court decisions
- Procedure for filing and consideration of cassation complaints and protests
- Powers of the court of cassation
- Grounds for annulment of judgments
- Determination of the court of cassation
- Appealing (making a submission) rulings of the court of first instance
- The concept and tasks of production in the supervisory instance
- The procedure for initiating proceedings in the supervisory authority
- Contents of the complaint, presentation of the prosecutor
- The order of consideration of the case in the supervisory instance
- Determinations and decisions of the courts considering the case in the supervisory instance
- The concept, features and grounds for reviewing decisions, rulings and decrees that have entered into legal force based on newly discovered circumstances
- The procedure for initiating and reviewing cases based on newly discovered circumstances of decisions, rulings and decrees that have entered into legal force
- The essence of enforcement proceedings
- Enforcement mechanism
- Enforcement measures
- Expenses for carrying out enforcement actions. Responsibility for violation of legislation on enforcement proceedings
- Arbitration court: essence, tasks, organization, structure and competence
- Participants of the arbitration process
- Proceedings in the arbitration court of first instance. Revision of decisions of arbitration courts
- Proceedings in cases involving foreign persons
- Features and types of arbitration courts
- The procedure for consideration of disputes in the arbitration court
- The order of execution of the decision of the arbitration court
- Organization and competence of a notary in Russia
- Certification of transactions by a notary
- General rules of notarial proceedings
27. STATEMENT OF CLAIM AND PROCEDURE FOR FILING A CLAIM
The initial stage of legal proceedings is the filing statement of claim, which must meet all legal requirements:
1) is filed with the court in writing;
2) the statement of claim must contain:
a) the name of the court to which the application is submitted;
b) the name of the plaintiff, his place of residence or, if the plaintiff is an organization, its location, as well as the name of the representative and his address, if the application is submitted by a representative;
c) the name of the defendant, his place of residence or, if the defendant is an organization, its location;
d) what is the violation or threat of violation of the rights, freedoms or legitimate interests of the plaintiff and his claim;
e) the circumstances on which the plaintiff bases his claims and the evidence supporting these circumstances;
f) the value of the claim, if it is subject to assessment, as well as the calculation of the amounts recovered or disputed;
g) information on compliance with the pre-trial procedure for applying to the defendant, if this is established by federal law or provided for by an agreement between the parties;
h) a list of documents attached to the application. The application may contain telephone numbers, fax numbers, e-mail addresses of the plaintiff, his representative, the defendant, other information relevant to the consideration and resolution of the case, as well as the petitions of the plaintiff;
3) in the statement of claim presented by the prosecutor in defense of the interests of the Russian Federation, constituent entities of the Russian Federation, municipalities or in defense of the rights, freedoms and legitimate interests of an indefinite circle of persons, it must be indicated what exactly their interests are, what right has been violated, and it must also contain a reference to a law or other regulatory legal act providing for ways to protect these interests;
4) the statement of claim is signed by the plaintiff or his representative if he has the authority to sign the statement and present it to the court;
5) the following documents are attached to the statement of claim:
a) its copies in accordance with the number of defendants and third parties;
b) a document confirming the payment of the state fee;
c) a power of attorney or other document certifying the authority of the plaintiff's representative;
d) documents confirming the circumstances on which the plaintiff bases his claims, copies of these documents for the defendants and third parties, if they do not have copies;
e) the text of the published normative legal act in case of its contestation;
f) evidence confirming the implementation of the mandatory pre-trial procedure for the settlement of the dispute, if such a procedure is provided for by federal law or an agreement;
g) calculation of the amount of money to be recovered or disputed, signed by the plaintiff, his representative, with copies in accordance with the number of defendants and third parties.
After meeting all the requirements for the form and content of the application, the judge, within 5 days from the date of receipt of the statement of claim by the court, is obliged to consider the issue of its acceptance for proceedings. After the expiration of this period, the judge issues a ruling on accepting the statement of claim and initiating a case or on refusing to accept the claim.
Author: Gatin A.M.
<< Back: Right to sue
>> Forward: Securing the claim
We recommend interesting articles Section Lecture notes, cheat sheets:
▪ History of the economy. Lecture notes
▪ Control theory. Crib
▪ State and municipal administration. Crib
See other articles Section Lecture notes, cheat sheets.
Read and write useful comments on this article.
<< Back
Latest news of science and technology, new electronics:
The existence of an entropy rule for quantum entanglement has been proven
09.05.2024
Quantum mechanics continues to amaze us with its mysterious phenomena and unexpected discoveries. Recently, Bartosz Regula from the RIKEN Center for Quantum Computing and Ludovico Lamy from the University of Amsterdam presented a new discovery that concerns quantum entanglement and its relation to entropy. Quantum entanglement plays an important role in modern quantum information science and technology. However, the complexity of its structure makes understanding and managing it challenging. Regulus and Lamy's discovery shows that quantum entanglement follows an entropy rule similar to that for classical systems. This discovery opens new perspectives in the field of quantum information science and technology, deepening our understanding of quantum entanglement and its connection to thermodynamics. The results of the study indicate the possibility of reversibility of entanglement transformations, which could greatly simplify their use in various quantum technologies. Opening a new rule ... >>
Mini air conditioner Sony Reon Pocket 5
09.05.2024
Summer is a time for relaxation and travel, but often the heat can turn this time into an unbearable torment. Meet a new product from Sony - the Reon Pocket 5 mini-air conditioner, which promises to make summer more comfortable for its users. Sony has introduced a unique device - the Reon Pocket 5 mini-conditioner, which provides body cooling on hot days. With it, users can enjoy coolness anytime, anywhere by simply wearing it around their neck. This mini air conditioner is equipped with automatic adjustment of operating modes, as well as temperature and humidity sensors. Thanks to innovative technologies, Reon Pocket 5 adjusts its operation depending on the user's activity and environmental conditions. Users can easily adjust the temperature using a dedicated mobile app connected via Bluetooth. Additionally, specially designed T-shirts and shorts are available for convenience, to which a mini air conditioner can be attached. The device can oh ... >>
Energy from space for Starship
08.05.2024
Producing solar energy in space is becoming more feasible with the advent of new technologies and the development of space programs. The head of the startup Virtus Solis shared his vision of using SpaceX's Starship to create orbital power plants capable of powering the Earth. Startup Virtus Solis has unveiled an ambitious project to create orbital power plants using SpaceX's Starship. This idea could significantly change the field of solar energy production, making it more accessible and cheaper. The core of the startup's plan is to reduce the cost of launching satellites into space using Starship. This technological breakthrough is expected to make solar energy production in space more competitive with traditional energy sources. Virtual Solis plans to build large photovoltaic panels in orbit, using Starship to deliver the necessary equipment. However, one of the key challenges ... >>
| Random news from the Archive Device for measuring the characteristics of dielectric and magnetic materials
09.02.2003
AGILENT TECHNOLOGIES Corporation announced the launch of the E4991A Dielectric and Magnetic Material Measurement Instrument.
The device has the following features: wide measurement frequency band (from 1 MHz to 3 GHz); impedance measurement accuracy +0,8%; Windows-style interface; a large set of probes and mounts; wide temperature range - from -55 to +150°С.
|
Other interesting news:
▪ Wastewater treatment with iron
▪ Video combine from PANASONIC
▪ Scientists believe that global warming has become irreversible
▪ Words and their emotional coloring
▪ truffle forest
News feed of science and technology, new electronics
Interesting materials of the Free Technical Library:
▪ section of the site Audio and video surveillance. Selection of articles
▪ article Peaceful coexistence. Popular expression
▪ article Males of what animals actively help females to eat themselves during mating? Detailed answer
▪ article Movement on industrial premises. Standard instruction on labor protection
▪ Article Device for checking eyesight. Encyclopedia of radio electronics and electrical engineering
▪ article Blue sting for soldering. Encyclopedia of radio electronics and electrical engineering
Leave your comment on this article:
All languages of this page
Home page | Library | Articles | Website map | Site Reviews
www.diagram.com.ua
2000-2024
Arabic
Bengali
Chinese
English
French
German
Hebrew
Hindi
Italian
Japanese
Korean
Malay
Polish
Portuguese
Spanish
Turkish
Ukrainian
Vietnamese