What Civil Claims Are Considered By The Magistrate

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What Civil Claims Are Considered By The Magistrate
What Civil Claims Are Considered By The Magistrate

Video: What Civil Claims Are Considered By The Magistrate

Video: What Civil Claims Are Considered By The Magistrate
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The categories of cases considered by the magistrates' courts are enshrined in the relevant codes and federal laws. In this case, we are only interested in civil claims, which means the civil, civil procedure code and federal laws regulating this particular sphere of relations.

GPK
GPK

The judicial system of the Russian Federation presupposes the presence of courts of various levels. Each court considers those categories of cases that are within its jurisdiction and jurisdiction.

General provisions of the Civil Procedure Code

In accordance with the Civil Procedure Code of the Russian Federation, namely the first part of Article 23, the magistrates' courts consider the following categories of civil cases:

Article 121 of the Code of Civil Procedure of the Russian Federation A court order is a court order issued by a judge alone on the basis of an application for the collection of monetary amounts or for the reclamation of movable property from the debtor.

1) cases on the issuance of a court order;

2) cases of divorce, if there is no dispute about children between the spouses;

3) cases on the division of jointly acquired property between spouses at a claim price not exceeding fifty thousand rubles;

4) other emerging family-legal relations, with the exception of cases on contesting paternity (motherhood), on establishing paternity, on deprivation of parental rights, on restriction of parental rights, on adoption (adoption) of a child, other cases on disputes about children and cases on recognition the marriage is invalid;

Other cases in this category include cases that do not affect personal moral rights (parental) and do not affect the rights and interests of the child.

Similar provisions are enshrined in the Federal Law of December 17, 1998 N 188-FZ "On Justices of the Peace in the Russian Federation".

5) cases on property disputes, with the exception of cases on the inheritance of property and cases arising from relations on the creation and use of the results of intellectual activity, with a claim price not exceeding fifty thousand rubles;

6) cases on determining the procedure for the use of property.

Part two of Article 23 of the Code of Civil Procedure of the Russian Federation establishes the following provision: "Other cases may be referred to the jurisdiction of justices of the peace by federal laws."

Other civil cases within the jurisdiction of the magistrates' courts

Other cases, not yet specified earlier, include cases arising from labor relations: on claims for the lifting of disciplinary sanctions (except for dismissal); on compensation for material damage caused to an enterprise or organization by an employee; on changing the wording of the reason for dismissal; on the collection of wages for the delay in issuing a work book, etc.

The competence of justices of the peace also includes cases on claims for the collection of fines under tax and customs legislation, amounts of unpaid pensions, state benefits, taxes, arrears on rent and utilities (up to 500 minimum wages), claims for compensation for moral damage, etc. etc.

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