Instruction
1
Determine the facts that require proof. The combination of facts will depend on the legal status of the participant of the proceedings, the presumptions established by law. The burden of proof, the court may specify in the definition.
2
Explain the case, that is, present factual circumstances, the rationale. Provide evidence that justifies the specific facts.
3
Legal justification should be presented, given the legal force of the documents referenced. As a rule, first make the reference to the Constitution of the Russian Federation to Federal laws, regulations. General rules governing a particular legal relationship, determined by the laws. Details of the procedure prescribed in the bylaws. For example, in section VII of the Housing code of the Russian Federation establishes the obligations of the owner and tenant for payment of utilities. Directly the procedure of calculation and payment of utilities written in the "Rules of granting of utilities to citizens", approved. The resolution of the Government of the Russian Federation № 307 from 23 may 2006. Thus, first make the reference to norms of the housing code, then the Rules.
Note
Of particular importance are the examples from judicial practice. Information about clarification of the law by Supreme courts is contained in the reference legal systems. Such clarifications and official interpretations are important for uniformity in the application of laws.
Useful advice
In justifying the position it is necessary to consider the principle of admissibility of evidence. Some facts can be supported by specific evidence. For example, performance of works is confirmed through a bilateral act.
