A rare person, whose specialty is far from jurisprudence, wants to deal with the court. However, some situations force people to seek help from justice. In order for the case to be considered, it is necessary to perform a number of mandatory actions.
First of all, give a legal assessment of the relationship in which you and the other side of the conflict are located. Depending on the type of legal relationship, qualify from a legal point of view the violation of your right. Most of the appeals to the court are due to non-compliance with the contract by one of the parties, causing moral harm, harm to life, health, property. It is important to know in what norms of the law the right that has been violated is enshrined, and what legal norms or provisions of the contract provide for liability for violation of such a right. Once you qualify the case from a legal point of view, it will be possible to determine which court is authorized to consider it. Cases involving subjects of entrepreneurial and other economic activities directly related to such activities are considered by arbitration courts. The competence of arbitration courts is determined by Chapter 4 of the Arbitration Procedure Code of the Russian Federation (APC RF). Other cases are in the jurisdiction of the courts of general jurisdiction: district courts and justices of the peace. The competence of those and others is enshrined in Articles 23, 24 of the Civil Procedure Code of the Russian Federation (Code of Civil Procedure of the Russian Federation). Having decided on the jurisdiction, proceed to draw up an application to the court. It should be noted that only such a document will be adopted that meets all the formal criteria provided for by procedural legislation. When applying to an arbitration court, it is necessary to draw up a statement, guided by the requirements of the Arbitration Procedure Code of the Russian Federation, when applying to a court of general jurisdiction - the requirements of the Code of Civil Procedure of the Russian Federation. Finally, in order to file a lawsuit, you will have to pay a state fee. Its size depends on the nature of the case in question and is regulated by Articles 333.19 - 333.22 of Part 2 of the Tax Code of the Russian Federation (Tax Code of the Russian Federation). The receipt of payment of the state fee should be attached to the application. It is not necessary, but highly desirable, in all actions aimed at applying to the court, to enlist the help of an experienced lawyer.
