You can protect your rights with a petition to the court. This form of protection of civil human rights is provided for by the Arbitration Procedure and Civil Procedure Codes. You can submit an application for various reasons, but there are general requirements for its registration.
Necessary
- - the name of the court;
- - the names of the parties to the case;
- - address data;
- - the name and essence of the claim;
- - the request for which you want to obtain the consent of the court.
Instructions
Step 1
An application is understood as an individual or collective application submitted to state or local government bodies in writing. Most often, petitions are filed with the court.
Step 2
This document is drawn up according to certain rules: indicate the name of the judicial authority, the names of the parties involved in the case, the address, the case number and the name of the claim. And most importantly, the petition must necessarily contain a request to the court and the rule of law on the basis of which this document is submitted.
Step 3
The petition is signed by the applicant or a person authorized by him. In the latter case, a power of attorney is attached to the document. It is possible to register an application in person, although it is also possible to send it by mail with a registered sheet with a notification.
Step 4
There is no specific form for writing applications, they are drawn up based on a specific situation. During the court session, the petition can be submitted orally. The petitions may be different: these are requests for the appointment of an expert examination, the restoration of the missed deadline for a cassation or appeal complaint, etc.
Step 5
In some cases, the petition is filed at the same time as a claim, appeal or cassation complaint. This usually happens when it comes to the need to restore a missed deadline. Such a petition is one of the most difficult, since it is necessary to convince the court of the validity of missing the deadline when filing a cassation or appeal. It is allowed to submit this petition no later than 6 months from the date of adoption of the contested decision or from the moment the person reveals the violation of his rights. The court informs about the satisfaction of the plaintiff's request within the timeframe prescribed by law.
Step 6
Citizens have the right to submit petitions not only when considering legal claims, but also to appeal against actions of state and non-state bodies. This can be, for example, petitions to local governments for material assistance, etc.
