If you think that your rights have been violated, then you need to go to court. Going to court begins with the preparation of a competent statement of claim. Even in the absence of legal education, it is not difficult to write a statement of claim using the law.
It is necessary
Depending on which area your rights are considered violated, you may need Arbitration Procedure, Civil Procedure or Criminal Procedure Codes
Instructions
Step 1
First, you need to understand the jurisdiction of your case. Jurisdiction of a case - referring it to the competence of arbitration courts, courts of general jurisdiction and others. The arbitration court has jurisdiction over cases on economic disputes and other cases related to the implementation of entrepreneurial and other economic activities, so if, for example, your rights in the use of the results of intellectual activity are violated, you should go to arbitration. Small criminal cases (the maximum term of imprisonment for them should not exceed three years, with some exceptions), the bulk of civil cases are considered by justices of the peace. The list of civil cases considered by justices of the peace is listed in Article 23 of the Civil Procedure Code. Other cases, as a rule, are considered by district courts.
Step 2
As a rule, statements of claim are drawn up in a similar way. In the "header" of the application, on the right side of the sheet, the name of the court to which the application is submitted, the names or names (in cases of legal entities) of the plaintiff and the defendant, their data - the address of residence or location are indicated. In the statement of claim to the arbitration court, the plaintiff also indicates the date and place of birth, place of work or the date and place of state registration as an individual entrepreneur, telephone numbers, fax numbers, e-mail addresses. The "body" of the statement of claim lists and substantiates the claims of the plaintiff, necessarily with references to regulatory legal acts. This part is the most important, much depends on the competent substantiation of the claim. Here the plaintiff describes the circumstances on which the claim is based. Evidence of these circumstances must be attached to the statement of claim and make a list of them.
Step 3
If there is a cost of the claim (for example, the funds recovered from the defendant constitute the cost of the claim), it is necessary to provide its justification and calculation, if any. At the end of the statement of claim, a list of the attached documents is given (including evidence, a receipt for payment of the state duty, etc.). The amount of the state duty is calculated in accordance with tax legislation depending on the price of the claim, if any.
Step 4
The ready statement of claim is signed by the plaintiff or his representative, if a representative is submitting an application. The representative must attach to the statement of claim a power of attorney giving him the right to represent the plaintiff in court. The statement of claim is submitted to the court registry. It is necessary to make and submit to the court as many copies of it as there are persons involved in the case.
