The petition is an oral or written request of the plaintiff, defendant, third party, their representatives when considering a civil case in court, criminal proceedings. The specified request is forwarded to the court, which makes a reasoned decision on its satisfaction, refusal to satisfy.
A petition is a written, oral request of the parties, representatives of the parties in the civil process, as well as the suspect, defense lawyer, accused, victim, other participants in criminal proceedings. The specified request consists in the production of certain investigative or procedural actions, the adoption of procedural decisions. In a civil case, a petition can be submitted to a court, in any criminal proceedings - to an investigator, an inquiry officer, or a court. The purpose of the petition is usually to establish any information, circumstances that are of direct importance for a competent, timely and complete consideration of the case.
Where is the right to submit applications secured?
The right to file petitions is enshrined in procedural legislation. In the Criminal Procedure Code of the Russian Federation, petitions are regulated by Chapter 15, which contains a detailed description of all the points directly related to this legal institution. Civil procedural legislation does not regulate petitions in detail, limiting itself to indicating that the parties to the proceedings have an appropriate right. At the same time, the list of persons authorized to file petitions in the judicial resolution of a civil case is much narrower than in criminal proceedings.
What happens after the application is made?
After filing a petition in a civil, criminal proceeding, a judge, another official, to whom this request was received, is obliged to make an appropriate reasoned decision. In the judiciary, such decisions are made in the form of rulings, and when a request is sent to the investigator, the interrogating officer should expect a ruling. In these acts, the decision to satisfy the stated request or to refuse to satisfy it is recorded, the justification for the decision must be indicated. Usually, a petition of any party in a civil proceeding is resolved by the court immediately after its presentation; in a criminal proceeding, three days are given to make an appropriate decision. A positive decision on the petition is made only if the court considers that the commission of a certain action, the adoption of a decision will really contribute to the observance of the rights of the parties to the process, will ensure the adoption of a legal final decision.
