Don't know where to apply?
If you are not lucky and you did not graduate from law school and gain knowledge that allows you to navigate the intricacies of modern civil procedural law, do not worry ahead of time. Don't understand where to bear the statement, go first to a lawyer. It will help not only to write, but telling.
Subject-matter jurisdiction of the case
Gathered in the court, find out exactly where it will be able to review your case in the first instance. In other words, rate the features of the claim and determine its jurisdiction. According to lawyers, the jurisdiction is subject (tribal) and territorial. The first determines the level of court — district, city, Federation subject, or the Supreme. The second type helps to see exactly what district or city you should head to, not to run into a polite refusal and not to lose time.
The courts
World. Even if you managed to negotiate with her ex-husband about alimony, in machines, dishes and loved both dogs, to terminate such a marriage still will have only at the magistrate. Considering he requests those wishing to obtain a judicial order, helps divide the household goods by providing the right to use it legally. Divides the magistrate and other important for disputing property value not exceeding 50 thousand.
The competence of the ordinary and most popular by the number of accepted cases in the municipal court, including consideration of all other civil actions. Minus, of particular importance to consider which are required the higher courts.
In the court of the subject of Federation can come even in some awkward situation. For example, your colleague did a terrible thing: spread the news in the bath a state secret. And you not only noticed, but also decided to punish him. You will also take with the intention to challenge a regulatory act of the administration of the settlement, if he has violated rights and freedoms. Or at the appeal improper closing parties and public organizations. He was accused of indiscretions already the election Commission, too, welcome the regional court. Or, conversely, arguing that it was liquidated, in flagrant violation of the law.
The Supreme court considers seven categories of civil cases. Each of them has great political significance for the entire state. Can they relate to the activities of its management and authorities, parties and organizations, even of the CEC. And the judicial system. As well as all published documents.
The Supreme court of the Russian Federation "registered" at the address: Moscow, ul. Povarskaya., d. 15. Another address from the Internet, is Ilyinka St., 7/3.
Territorial jurisdiction
There are several types, but the applicant must choose only one. Because even the courts in your particular city a lot, run every not enough legs. Main General, the main rule which States that the claim is filed in the court of the city or district where the defendant lives. Or legal address of the organization, which they.
Alternative: the plaintiff always has the right of choice. So you can apply in the court that is already in your home town or area. Such a right is given, for example, the sudden disappearance of the defendant and the inability to contact him. The claim for the place of your own residence can go and if you don't simply want to end the marriage, but at the same time to qualify for alimony. Let's say he for compensation of harm and caused you losses, the death of a breadwinner, restore, labor, housing and other rights in the protection of consumer rights.
By the way, in case of repeated non-appearance of the defendant in the process nobody's looking for him, to the bailiffs does not apply. The judge comes easier: invites in hall duty lawyer, considering the case in the absence of the defendant.
Exceptional. As is clear from the name, it involves a certain departure from the General rules. In particular, the statement permitted to be filed only in the court designated in the law. Such jurisdiction and have cases on rights in land, buildings and structures; release of seized property; claims of creditors to the dead and who left a legacy to the people; to the carriers.
Contractual jurisdiction acts with the full consent of the two sides in the issue of the venue of any legal action in district or justice court. But it applies only then, if the case does not fall under the concept of "exclusive jurisdiction".
The last jurisdiction, referred to as "liaison Affairs", usually used to save time and effort of judges and looks are quite subjective. So, feeding a claim against two or more defendants, the author of the statement can return it for all court locations at once, but only one. Based solely on his desire. The same jurisdiction also arises in the allocation of a civil action from the criminal case upon the filing of the counterclaim.
