How to make a petition to the court

By itself, the filing of a petition in the court is not practiced. It is usually served in addition to the already filed lawsuit, the complaint or petition. The goal is to draw the court's attention to any breach or important fact.

You will need

• - legal advice;
• - submitted simultaneously or already filed a lawsuit (at least a photocopy);
• room of the court case or claim.

Instruction

1. The process for submitting petitions in the court falls under the regulation of article 119 of the Criminal Procedure Code of the Russian Federation (CCP RF). According to the law, any party involved in specific court proceedings, has the right to address the court. The application can be done orally, but that it had legal force, it is necessary to issue in writing.
2. Also as a request and complaint, petition is one of the official forms of appeal to the constitutional Court of the Russian Federation. The law clearly regulates the circle of persons entitled to appeal it to the court.
3. In the proceedings of the criminal case, the petition may be filed by the following persons:
   - the suspect or the accused;
   - legal representative of the suspect or accused;
   - defender (lawyer);
   - the victim;
   - legal representatives of the victim;
   civil - the plaintiff or the defendant, their representatives;
   - the Prosecutor;
   - public defender or Prosecutor.
4. When considering civil cases, the right to file have:
   - the Complainant;
   - Respondent;
   - third parties having a direct bearing on the case;
   the applicant;
   - representatives of any of the participants in the process;
   - the Prosecutor;
   - the competent state administration bodies, trade unions or other organizations.
5. When considering the administrative violations, the right to petition is endowed with:
   - called to account;
   - the victim;
   - their legal representatives.Also refer to the court any other physical or legal persons in proceedings before the court or after it. For example, convicted or sentenced has the right to file a petition for pardon. Or conversely, a victim may request to toughen punishment for the accused.
6. There are only General recommendations and advice on design of the petition, as the law does not clearly define its content or form. Here are the main ones:
   - must indicate the name of the court in which an application shall be filed;
   - a clear indication of the parties, names, official names (in the case of legal entities), their degree of responsibility and authority in the present case;
   - enter the official number of the case, claim or other process;
   - the basis for the filing of the petition;
   - the application itself, that is, in other words the request or the appeal to the court;
   - be sure to bring proof or proving the necessity of the appeal documents.
7. The law obliges the investigator, the Prosecutor and the trial court must consider submitted by authorised persons of the petition. They may not refuse the above-mentioned persons in protecting their rights and interests as the purpose of these appeals are the need for full, comprehensive and objective examination of circumstances in a criminal or civil case, as well as providing compensation for crime damage.