In the painting "A Knight at the Crossroads" a certain hero, standing in front of a stone-pointer, ponders: which way to go to him in order to achieve his goal and not to lose the horse together with his head. In everyday life, such a dilemma appears, for example, in the case of an annoying and often unpleasant need to write a statement of claim. And at the same time, a logical question arises: which of the many Russian courts to apply to have your claim considered?
Not sure where to apply?
If you are unlucky, and you did not have time to graduate from a law school and gain knowledge that allows you to navigate the intricacies of modern civil procedure law, do not be discouraged ahead of time. If you do not understand where to carry your statement, go first to a lawyer. He will not only help you write correctly, but will also tell you about everything.
Subject Jurisdiction of the Case
When you are going to court, find out exactly where exactly they will be able to consider your case in the first instance. In other words, assess the features of the claim and find out its jurisdiction. According to lawyers, jurisdiction is subject (generic) or territorial. The first determines the level of the court - regional, city, federal subject or Supreme. The second type helps you to find out exactly which area or city you should go to, so as not to run into a polite refusal and not to waste time.
Courts
World. Even if you managed to agree with your ex-husband about the payment of alimony, the division of the car, plates and your beloved dog, you will still have to dissolve such a marriage exclusively with the magistrate. He also considers the requests of those wishing to receive a court order, helps to divide the household belongings, giving the right to use it legally. Divides the magistrate and other important for the disputing property worth not more than 50 thousand rubles.
The jurisdiction of the municipal court, which is the most popular in terms of the number of cases accepted, is responsible for considering all other civil lawsuits. Minus, which are of particular importance, which must be considered by higher courts.
You can even come to a court of a constituent entity of a federation in a somewhat delicate situation. For example, your colleague has done a terrible thing: he divulged a state secret in a bathhouse. And you not only noticed this, but also decided to punish him. You will also be accepted if you intend to challenge the normative act of the administration of the settlement if it violated your rights and freedoms. Or when appealing against the incorrect closure of a party and a public organization. Having caught the election commission in an unseemly act, you are also welcome to the regional court. Or, on the contrary, considering that it was liquidated, grossly violating the law.
The Supreme Court of the Russian Federation considers seven categories of civil cases. Each of them has important political significance for the entire state. They may relate to the activities of its leadership and government bodies, parties and organizations, even the Central Election Commission. And the judicial system itself. As well as the documents published by all.
The Supreme Court of the Russian Federation is "registered" at the address: Moscow, st. Povarskaya, d. 15. Another address appearing on the Internet is st. Ilyinka, 7/3.
Territorial jurisdiction
There are several types of it, but the applicant needs to choose only one. After all, there are a lot of ships even in your particular city, there are not enough legs to run in each. The main one of all is the general one, the main rule of which is: a claim is filed in the court of the city or district where the defendant lives. Or at the legal address of the organization that is them.
Alternative: the plaintiff always has a choice. Thanks to this, you can apply to the court that is already located in your hometown or district. Such a right is given, for example, in the event of the sudden disappearance of the respondent and the impossibility of contacting him. A lawsuit at the place of your own residence can also be filed if you want not only to dissolve the marriage, but at the same time to obtain the right to alimony. Let's say he is in compensation for harm to health and losses caused to you, death of a breadwinner, restoration of labor, housing and other rights, while protecting consumer rights.
By the way, if the defendant repeatedly fails to appear at the trial, no one is looking for him, he does not turn to the bailiffs. The judge acts more simply: he invites the lawyer on duty to the courtroom, considering the case in the absence of the defendant.
Exceptional. As the name implies, it involves a certain departure from the general rules. In particular, an application is allowed to be submitted only to a court designated by law. Cases on rights to land, buildings and structures have similar jurisdiction; release of seized property; claims of creditors against the deceased and people who have left an inheritance; to carriers.
The contractual jurisdiction is valid with the full agreement of the two parties to the process on the issue of the place of consideration of the claim - in the district or magistrate court. But it applies only if the case does not fall under the concept of "exclusive jurisdiction".
The latter jurisdiction, referred to as "the connection of cases", is usually used to save the time and effort of judges and looks rather subjective. So, by filing a claim against two or more defendants, the author of the application can send it not to all court addresses at once, but only to one of them. Based on this solely on their own desire. A similar jurisdiction arises when separating a civil claim from a criminal case, when filing a counterclaim.
