By itself, filing a petition with a court is not practiced. It is usually filed in addition to an already filed lawsuit, complaint or petition. The purpose is to draw the court's attention to any violation or important fact.
Necessary
- - legal advice;
- - a claim filed at the same time or already filed (at least a photocopy of it);
- - the number of the case or claim.
Instructions
Step 1
The process of filing a petition to the court falls under the regulation of Article 119 of the Criminal Procedure Code of the Russian Federation (CPC RF). According to the law, any of the parties involved in a specific legal proceeding has the right to go to court. The statement can be made orally, but in order for it to have legal force, it is necessary to draw up it in writing.
Step 2
Just like a request and a complaint, a 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 who have the right to appeal to him in court.
Step 3
During the trial of a criminal case, the following persons can submit a petition:
- suspect or accused;
- legal representative of the suspect or the accused;
- defender (lawyer);
- the victim;
- legal representatives of the victim;
- civil plaintiff or defendant, their representatives;
- the prosecutor;
- a public defender or prosecutor.
Step 4
When considering a civil case, the following have the right to submit:
- the plaintiff;
- the defendant;
- third parties directly related to the case;
- the applicant;
- representatives of any of the participants in the process;
- the prosecutor;
- authorized bodies of government, trade unions or other organizations.
Step 5
When considering an administrative violation, the right to file a petition is vested with:
- held accountable;
- the victim;
- their legal representatives. Any other natural or legal person can also apply to the court, in the process of considering the case in court or after its completion. For example, a convicted or sentenced person has the right to petition for clemency. Or, on the contrary, the victim may ask for an increase in punishment for the accused.
Step 6
There are only general recommendations and advice on how to draw up an application, since the law does not clearly define its content or form. Here are the main ones:
- the name of the judicial authority to which the petition is submitted must be indicated;
- a clear indication of the parties, names, official names (in the case of the participation of legal entities), their degree of responsibility and authority in the case under consideration;
- indicate the official number of the case, claim or other process;
- the basis for filing the application;
- the petition itself, that is, in other words, a request or appeal to the court;
- be sure to provide evidence or documents confirming the need for this appeal.
Step 7
The law obliges the inquiry officer, investigator, prosecutor and court to consider the petitions submitted by authorized persons. They do not have the right to refuse the aforementioned persons to protect their rights and interests, since the purpose of such appeals is the need for a full, comprehensive and objective investigation of the circumstances in a criminal or civil case, as well as ensuring compensation for the harm caused by the crime.
