Advice 1: How to write a letter of termination

Before, submit a claim statement about the termination of the contract in court, you should try to settle issues with the partner. The civil code of the Russian Federation reglamentary rules termination or change of contracts (Chapter 29). For example, the agreement may be terminated as by mutual agreement (clause 1 of article 450), and unilaterally (item 2 of article 450).
How to write a letter of termination
The contract may be terminated based on the failure of partner commitments, poor quality of services (works), unsatisfactory quality of goods purchased. In the latter case, the statement on termination of the contract of sale must specify the relevant articles of the Federal law "On protection of consumers' rights.
In that case, if the partner refuses to change (cancellation) of the contract and does not respond to your demands within 30 days, you can file a statement of claim statement to the court about termination of the contract.
Petition statement on termination of the contract shall be in accordance with the requirements of the Civil procedure code of the Russian Federation for natural persons, and in accordance with the requirements of the Arbitration procedural code of the Russian Federation for legal entities.
In the header of the statement of claim specify the name of the arbitration court, the exact details of the parties plaintiff and defendant, the cost of the claim.
The statement intelligently and convincingly present your case, formulate and justify their claims, attach necessary documents.
Next, state your requirements on the basis of the caused material and moral damage.
At the end of the application do application, which will list all the documents attached to the claim its calculation of damages.
Sign the statement, date of submission of the application.
Properly drafted statement of claim statement leads to a positive court decision, the result of which is the termination of the contract and damages.However, few citizens have sufficient legal literacy to correctly write the statement on termination of the contract. In this case, it is advisable to turn to professional advocates or lawyers.
These documents may be useful to You: 1. Standard contract of provision of legal services. 2. The statement of claim about recognition of the contract of sale null and void. 3. The requirement for the termination of the contract of sale. 4. A power of attorney for representation in court. 5. The inventory of mailing of the statement of claim to the court.
Useful advice
The statement of claim on contract termination may be filed in court if the plaintiff's claim for termination or amendment of the agreement by the defendant was ignored (if you have not received a response within 30 days), or they were rejected. It should be noted that in some cases the refusal to perform the contract unilaterally, for example, if the second party to the contract was not performed the counter-obligation...

Advice 2: How to write an application to the court on the employer

If the illegal dismissal, nonpayment of remuneration an employee is entitled to apply to the court for the employer. This is the claim statement. It is transmitted to the district courtebnoy instance. Labour disputes are regulated by the Labour code of the Russian Federation and can be allowed only if there is evidence of a violation of worker's rights.
How to write an application to the court on the employer
You will need
  • - passport;
  • - the claim form;
  • the details of such court;
  • - details of the employer;
  • - documentary evidence.
Before you write a claim statement to the employer, check the limitation period for the violation of your rights. Note that you may file in the court in illegal dismissal within one month from the date of termination the employment contract. If the non-payment of wages and other situations the Statute the prescription is three months.
In the header of the application write the name of the courtenogo of the authority, address of the location. Note that labor disputes are considered by district courtAMI the first instance.
Fill in your personal data, address of residence, including postcode, contact phone number. Write the full name of the company that you submit the claim statement. Enter the legal address of the company. Note that the defendant in this case is not the General Director of the organization and the enterprise as a whole. When you perform labor functions in a branch separate unit be sure to write their names.
In the informative part of the statement clearly list the facts that led you to sue the employer. For example: "I worked in OOO "Pilot" for the post of accountant. Learned that terminated the employment contract 15.02.2012. The application on dismissal at own will wrote. The employer work book, I will not return". In this case, illegally dismissed the specialist to write a claim statement before 15.03.2012 years as the limitation period of one month.
Now write what you would like to receive as a result of the courtenogo proceedings. For example: "reinstatement, compensation for forced absenteeism, moral damage".
Sign a statementstating the date it was written, your personal data. Attach documentary evidence. This can be a copy of the order on termination of labor relations and other documents of the employer. If you wish to receive financial compensation the calculations for days of forced absence. If this is not possible, the courtErnie authorities have the right to request documents from the company where you worked.
Send a claim statement with evidence in the mail with a return receipt requested to the address of the courtor bring personally to the courtebny body by putting a mark of acceptance you claim.
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