Different situations arise in a person's life. Often people face violations of their legal rights. In this case, it becomes necessary to defend them. The most effective and efficient way is to go to court. The right to defense is guaranteed by the state. Next, we’ll look at how to file a claim in court yourself.
Arguments for self-referral
Today there are a large number of law firms and practicing lawyers. They can certainly provide qualified assistance. However, their services cost money. There are not always funds to pay for them. In addition, in some cases, the cost of a lawyer’s services may be significantly higher than the cost of the claim. For example, it may be associated with the purchase of a low-quality product. In this case, it is more advisable to solve the problem on your own. Knowing how and where to file an application to court will be very useful for those citizens who plan to engage in active social activities.
The need to defend their interests quite often arises among various social associations. At the same time, the involvement of a third-party lawyer is again related to finances. One of the undoubted advantages of self-referral is the acquisition of confidence in any life situations. To submit an application to the Constitutional Court or another jurisdiction, it is not at all necessary to have a higher legal education. It is enough to know the procedure established by law, have arguments and evidence of your position, and also have the ability to convey them most accurately. Undoubtedly, you cannot do without familiarizing yourself with some articles of the Code of Civil Procedure.
"Peaceful" settlement of disputes
Before filing a claim in court, it is advisable to try to resolve the conflict using less radical methods. It is best to do this in writing. Subsequently, if a peace agreement cannot be reached, this document will act as evidence of the desire to resolve the conflict. 
In this case, it does not matter what the appeal to the opponent will look like or be called.
The most important thing is to put it in writing. If the claim is of a material nature, it would not be superfluous to provide the calculation and the grounds on which it is presented. If the document is sent by mail, it should not be a regular letter, but a registered one, and it must be accompanied by notification. If delivery is carried out in person, then there must be a mark indicating that the addressee received the appeal.
Where to file an application to court?
If the conflict cannot be resolved, you will have to contact an authorized authority. First of all, you need to decide which court to file your application with. It is logical that it should be located at the place of residence of the claimant or the defendant. Any civil cases are considered by the magistrate or district court. The competence of the first includes proceedings regarding the issuance of an order. In particular, these are cases on the issue of divorce in cases where there is no dispute between spouses about children, about the division of property acquired jointly (if the value of the claims does not exceed 50 thousand rubles), and so on. In all other cases, the statement of claim is filed with the district court.
Important point
Many citizens do not know where to file an application to the court - at their place of residence or the place of residence of the violator of his rights. As a rule, the appeal is sent to the authority at the location of the defendant. For example, the parties to the conflict live in the same city, but in different areas. In this case, the statement of claim is filed in a court located in the defendant’s area. The parties to the conflict may live in different cities. In this case, the actions are similar: the claim is submitted to the court located at the defendant’s place of residence. 
In some cases, the choice of authority is allowed at the discretion of the claimant. In this case, you can file an application in your city and district, regardless of where the defendant is located. For example, this opportunity is used when it is necessary to collect alimony, dissolve a marriage, protect consumer rights, and so on. Article 29 of the Code of Civil Procedure speaks about this in more detail. By mutual agreement of the parties, you can choose the court itself where the case will be heard (“contractual jurisdiction”). This procedure is established in Art. 32 Code of Civil Procedure. Before submitting an application to the Arbitration Court, you should familiarize yourself with the rules for its preparation. In general, the requirements for the form and content of this type of appeal are the same for authorities of different jurisdictions.
Cost of requirements
Before filing a claim in court, it is necessary to determine its price. What does it consist of? First of all, it includes the cost of material damage that was caused by the defendant. This could be, for example, the amount of unpaid monetary compensation, remuneration, the cost of damaged or defective property, low-quality goods, etc.
The cost of the claims also includes penalties, penalties, and fines (if any). It is allowed to include in the price of the claim the amount at which moral damage is estimated - harm of an intangible nature. If there are multiple defendants and claims are made against each of them separately, the cost will be based on the total amount of the claims.
In the text of the claim itself, it will subsequently be necessary to indicate the specific amounts of claims against each defendant. It is advisable to document all figures provided. Despite the fact that the price of the claim is set by the claimant, the court has the right to reduce the amount if it considers it too high.
Form
Before submitting an application to the court, you should familiarize yourself with the sample form, as well as the procedure for drawing up this document. The first requirement is a written application form. The requirements must be stated on paper, preferably printed. If this is not possible, you can write by hand, but the words must be understandable and clearly reflect the requirements. So, how do you apply to the court to get it accepted? Let's look at the form of the document. In the upper right corner the name of the court to which the application is sent is indicated. Under it you need to write the following in the given sequence:
If the latter is an organization, then its legal address (actual location), fax, telephone, and so on are indicated. If there are several defendants, then you need to give them in the form of a list: defendant No. 1, below No. 2, and so on. For each, the address and full name are indicated. and other contact information. Next, the essence of the claims should be stated in free form. At the end you must put a number and signature. Finally, a list of attached documents (copies or originals) is provided.
Before filing a lawsuit, you need to calm down. Your demands should be stated without emotion, clearly and understandably. Qualified lawyers recommend providing real arguments, facts, arguments, and links to laws. It is advisable to indicate the circumstances in chronological order. First of all, it is necessary to give the reason that served as the beginning of the relationship with the defendant. This could be marriage, borrowing a sum of money, buying goods, and so on. Then it is necessary to indicate the specific actions of the defendant that infringed the rights of the applicant, as well as the circumstances in which the violations were committed. You must provide evidence that you are right. These can be receipts, various kinds of certificates, and other documents.
Third parties
If there are witnesses who can confirm certain facts, you should try to involve them in the process and attach their written testimony, if possible. In any case, it is advisable to indicate persons who can help resolve the conflict. It is likely that the court will offer to involve them in the process and call them to the next hearing. 
additional information
In the process of drawing up a statement of claim, it is not necessary to refer to certain articles of the law. This will not constitute a violation and will not be a reason for refusing to consider the claim. However, if there is such a possibility, it is better to provide references to the regulations whose provisions were violated. Before submitting an application to the court, you must make copies of it (two), as well as the attached documents (also two). One copy remains with the claimant, the second with the body considering the case, and the third is sent to the defendant. 
It is also mandatory to pay the state fee before sending the application to the court and attach copies of it to the claim. Without this document, the application will not be accepted for consideration. The amount of the state duty will depend on the category of the claim. It is best to clarify this issue with the office of the authority to which the appeal will be sent. You can clarify this issue over the phone; you don’t necessarily have to go to court.
Sending a request
You can submit your application in person. To do this, you need to contact the office. Employees of this department accept the statement of claim, register it and make the appropriate note. You can also send your appeal by mail or registered mail. After receiving the application, within five days, the judicial authority must consider whether to accept it or not and inform all parties, if the decision is positive, of the date on which the preliminary hearing will be scheduled. Typically, a summons is sent. It indicates the date, time and name of the judge who will consider the claim.
Sample
Below is an example of a claim:
To_______________________district court
cities______________________________
Plaintiff:______________________________
Respondent:___________________________
___________________________________
Cost of claim: ____ rubles
State duty: ______ rubles
STATEMENT OF CLAIM
Regarding divorce, collection of alimony and determination of the child’s place of residence.
I entered into marriage with the defendant (date, month, year). Registration certificate No.__. The defendant has a common child from marriage: (F.I.O.). Life together with a citizen (citizen) did not work out due to ____ (reason). In view of these circumstances, I consider it impossible to continue married life and save the family. As of (day, month, year), the marital relationship between the defendant (whom) and me was terminated. General farming has not been carried out since that moment. There is no dispute regarding the division of property acquired jointly. The only thing that has not been reached is an agreement regarding the further upbringing and maintenance of the child. I believe that he should live with me because ___ (give arguments). The defendant (j) refuses to provide funds for child support.
Based on the above circumstances, I request:
1. Divorce the marriage that was concluded (date, name of the registry office) between
________ (full name of the plaintiff) and _________ (full name of the defendant).
2. Resolve the issue of the child _____ living with me.
3. To collect from the defendant ____ funds for the maintenance (full name of the child) in the amount of 1/_ part of the income (earnings) from ___(date) until the age of majority.
Applications:
- Receipt for payment of state duty.
- A copy of the representative's power of attorney, certified by a notary.
- Marriage certificate.
- Birth certificate.
- A copy of the application.
- Documents on income and earnings.
Number, signature (of the plaintiff or representative).
Application for resignation– a document drawn up by an employee for the purpose of terminating an employment contract with the employer. There is nothing complicated in its preparation, but it is worth knowing some points, which we will discuss in this article.
Let's look at the possible reasons for dismissal that occur in organizations, the general rules for filling out a resignation letter, and give a few resignation letter samples which are used in certain situations.
Possible reasons for dismissal
An employee may be dismissed from the organization in the following cases:
- Forced dismissal of an employee under the article;
- Dismissal at your own request.
Forced dismissal of an employee under article
An employer can fire an employee if he does not comply with the terms of the employment contract. For example, if an employee fails to cope with his duties, is absent from work without a good reason, etc. Each of these cases is regulated by a specific article in the Labor Code of the Russian Federation.
For forced dismissal under this article, the organization prepares a corresponding order. In this case, a resignation letter is not drawn up, since applications are always written on behalf of the employee, and in this case the initiative comes from the management of the organization.
Dismissal at your own request
Dismissal at your own request– this is the dismissal of an employee on his own initiative. In this case, the employee, for some reason, decided to stop working in the organization. For example, when moving to another place of residence, when offered a job in another place with better conditions, etc. In this case, the employee needs to write a letter of resignation of his own free will and submit it to the employer.
According to the Labor Code of the Russian Federation, an employee must notify the employer of dismissal 2 weeks before, unless a different period is specified in the employment contract. If the employee is on a probationary period, or the contract with the employer was concluded less than 3 months ago, the employee is obliged to notify the employer 3 days in advance. If a manager leaves the organization, he must notify about this at least a month in advance. The countdown starts from the next day after submitting the application.
Thus, after submitting the application, the employee must work for some more period established in the Labor Code of the Russian Federation, so that during this time the employer can find a replacement for the employee. note: if an employee does not come to work without a good reason after submitting an application, the employer may fire him for absenteeism!
Working off work will not be required if the employee quits due to enrolling in an educational institution, the employee has changed his place of residence, or his retirement date has approached. Also, the employee will not need to work off if he has come to a mutual agreement with the employer, which must be drawn up in a separate document.
An employee who has submitted an application for dismissal of his own free will may withdraw his application before dismissal no later than one day before the day of dismissal, if another candidate invited in writing has not yet been selected to replace him. The refusal to dismiss is written in free form. You can also simply withdraw your resignation letter.
How to write a resignation letter?
There are a number of rules that must be followed when drawing up resignation letters:
- The application can be printed or handwritten on an A4 sheet.
- A header is filled in in the upper right corner of the sheet. Here the full name and position of the person to whom the application is addressed (usually the director) and the full name and position of the author of the application (employee) are indicated.
- Next, the title “statement” is indicated.
- After this, the text of the application is written in free form. Here you must indicate the reason for dismissal. When leaving at your own request with service, it is enough to write “at your own request.” It is also advisable to indicate the date of dismissal. When calculating it, you need to take into account the deadlines established in the Labor Code of the Russian Federation (see above). note: if the date is not specified, the employer will calculate it himself, and it may not coincide with the date you plan!
- After the main text, you need to indicate the date the application was drawn up and sign with a transcript. The application must be signed by hand!
Samples of resignation letter (examples)
Below are examples of resignation letters, which are used in various situations.
Sample application for voluntary resignation
Let's give 2 examples applications for voluntary resignation. They are compiled taking into account two weeks of work after submitting the application:
Director of IT LLC
Vinogradov M. S.
from a programmer
Moshevoy O.V.
statement.
Director of IT LLC
Vinogradov M. S.
from a programmer
Moshevoy O.V.
statement
about voluntary dismissal.
Based on Art. 80 of the Labor Code of the Russian Federation, I, Mosheva O.V., ask to be dismissed from the position of programmer on September 29, 2016.
Sample application for dismissal without service
An employee can resign without service only in exceptional cases (enrollment in an educational institution, retirement, change of place of residence, or by agreement of the parties). A sample letter of resignation without work is similar to a regular letter of resignation, but here you will also need to indicate the reason.
To the Director of Sfera LLC
Alimov S. G.
from an analyst
Voropaeva E. M.
statement.
I, Voropaev E.M., ask to be dismissed at my own request from the position of analyst on March 10, 2016 without work due to retirement.
Sample letter of resignation with working off on vacation
If the employee has unfulfilled annual paid leave, the employee can spend it on working off. In this case you need to use
statement.
Sample application for withdrawal of resignation letter
The resignation can be withdrawn using another application, which must be submitted to management no later than one day before the date of dismissal. If management has not yet found another candidate to replace the employee, it will be approved.
To the Director of Knizhnik LLC
Potapova A. Z.
from the seller
Petrova I. E.
statement.
Please consider my resignation letter dated December 25, 2016 invalid.
How to write a complaint to an organization or authorities
The legislator does not establish a special form for writing complaints, including when submitting them to state and municipal authorities. However, there are general requirements for the preparation of papers of this kind that should be observed when conducting business correspondence:
- When writing the text of a complaint, you must not use obscene language, slang, or offensive language towards anyone. Applications that do not meet the requirements may be left without consideration. In addition, they deprive the sender of the right to invoke compliance with pre-trial dispute resolution procedures.
- The text should be concise and precise. You should not stretch your complaint over several pages: describe the situation as concisely as possible, focusing only on those points that are really important for a correct assessment of what happened. Do not use in your speech expressions that can be interpreted in different ways, that have a figurative meaning, etc. All data essential for the consideration of the dispute must be reliable (dates, dates, numbers, addresses, etc.).
- Be careful who you address your complaint to. This could be the head of a department, organization, or supervisory authority. Not only the promptness of consideration of the complaint, but also the quality of such consideration depends on the correct choice of the addressee. In addition, do not forget that the unspoken principle of priority always and everywhere operates. This means that, for example, it is not necessary to immediately complain to the director of a retail chain about a seller - it will be enough to send a complaint to the administrator or store manager.
- Make sure your speech is correct, follow the rules of syntax and punctuation. Competent speech is one of the most important conditions when conducting business correspondence.
These are all the conditions that must be observed when writing a complaint. An example of how to correctly write a complaint can be found below.
Sample of writing a complaint
To the Director of LLC "Stroyka"
Denisov V.V.
from Klyuev M.M.
Volgograd, st. Lenina, 1
COMPLAINT
June 01, 2019, at about 15:00, into the fence of my house, located at the address: Volgograd, st. Lenina, 1, Sergey Nikolaevich Alekseev drove in a Renault car with license plate A123BV. Based on the documents presented to me by Alekseev S.N., this car belongs to your company, gr. Alekseev is its employee, and at the time of the collision he was performing his job duties.
The traffic police officers called to the scene of the traffic accident drew up a report (a copy of which is attached). This protocol and the claim demanding compensation for the damage caused to me in the amount of 10 thousand rubles were sent by me to your address on June 05, 2019, which is confirmed by the shipping receipt and the notification of delivery of the postal item dated June 10, 2019 (I also attach copies of them).
To date, I have not received any documents from you; the damage caused to me has not been compensated.
In connection with the above, I ask you to compensate for the damage caused as soon as possible. Otherwise, I will be forced to go to court with a statement of claim to forcefully collect the specified amount.
Sincerely, Klyuev M.M.
We recommend that you read the articles “Complaint about illegal parking”, “Where, to whom and how to competently complain about the management company”, as well as recommendations for drawing up and sending complaints to other authorities.
How to write a collective complaint and how it differs from a regular one
If the situation violates not only your personal rights, but also the rights of other citizens, such as neighbors, then all victims can unite and write a collective complaint.
A collective complaint is any complaint in which claims are made not by one, but by several people whose rights were violated within the framework of one (general) situation.
The sample for writing a collective complaint is not much different from writing a regular (individual) complaint. The only difference is that a collective complaint must reflect the general opinion of all citizens on a single issue, and also describe everything that happened to each of the victims.
After writing a complaint, all persons named in the collective complaint must put personal signatures, which will act as confirmation of their agreement with the circumstances set out in the complaint.
Sample of a collective complaint:
"To the head of the management company
Zhuravlev V.S.
Don't know your rights?
from Kalugin V.V.
Moscow, st. Lenina 1, apt. 1;
Smirnova A.I.
Moscow, st. Lenina 1, apt. 2;
Ivanova M.D.
Moscow, st. Lenina 1, apt. 3.
COMPLAINT
We, the undersigned, ask you to take measures to carry out repair work in the first entrance of house No. 1 on Lenin Street.
Despite the regular payment for services provided by your management company (for which there are corresponding receipts), and the existence of an agreement concluded between us providing for the maintenance of common areas in order and carrying out major/current repairs, the entrance is in disrepair: there are no railings on the staircases , the walls are not painted, the windows are broken, the front door is broken.
We consider all of the above to be a violation of our rights and ask that the necessary repair work be carried out as soon as possible.
If your side does not take measures to resolve the dispute pre-trial, we will be forced to go to court in order to protect our rights and legitimate interests. If you go to court, you will also be charged a state fee and the cost of services of our representative in court.
Best regards, V.V. Kalugin
A.I. Smirnov
M.D. Ivanov"
What else you need to know about complaints
The most important thing is what you can’t forget! - so be sure to keep a second copy of the complaint. It also needs to be said here that if you file a complaint in person, that is, take it to the reception office of an official or organization yourself, then your copy should contain a mark indicating when and who accepted your complaint.
This is necessary for two reasons: firstly, the deadline for response will start from this date; secondly, it serves as direct confirmation of the receipt of the claim by the addressee.
If you send your claim by mail, you must keep the receipt of the letter or wait until you receive notification of its delivery.
The next thing that is important to know is the deadline for responding to a claim. It depends on who you are sending the complaint to and in connection with what violation. If the claim falls under consumer protection law (for example, if you bought a defective product and send a claim to the seller), then the period for responding to the claim, in accordance with current legislation, will be 10 days. If you apply to state authorities or local self-government, then the federal law “On the procedure for considering appeals from citizens of the Russian Federation” comes into force, according to which a response must be given no later than 30 days from the date of receipt of the appeal.
In the event that a special deadline for responding to a claim is not established, you can set any one that you consider reasonable and acceptable. As a rule, a response to a claim is requested within 10 days from the date of its receipt.
The response must contain information not only about what option for resolving the dispute the counterparty offers, but also about the time frame within which he is ready to implement his proposal (or refusal to comply with the demands of the victim and justification of the reasons for such refusal).
To protect their interests, citizens often need to go to court. To initiate a lawsuit, you must file a claim. This happens by filing a claim by a party to the case. The plaintiff is responsible for preparing documents.
Whether a citizen knows How It is correct to file a claim in court; subsequently, the outcome of the case depends on whether the claims are rejected or satisfied. Russian law in matters of civil proceedings, in contrast to criminal proceedings, places the burden of proving circumstances on the parties.
How to choose the right court?
The procedural legislation of Russia determines which court to file a claim in. There are two types of courts that hear civil claims: magistrates and district. Magistrates are courts of primary appeal. In some matters, district courts can be courts of first instance, and in others, they can be courts of appeal in cases previously considered in world courts.
Global or regional?
To correctly determine which court to file a claim in, you need to study the contents of Art. 23 and 24 Code of Civil Procedure of the Russian Federation. According to legislative standards, the jurisdiction of magistrates’ courts includes the following cases:
- On divorce when there is no dispute about children.
- On the collection of alimony without the need to additionally establish paternity.
- On the division of property, if the price of the claim is within 50,000 rubles.
- On property disputes, except for cases of inheritance, recognition of intellectual rights. The cost of the claim is no more than 50,000 rubles.
- On issuing a court order.
- Contesting the order of use of an object.
Other civil cases fall under the jurisdiction of district, military or specialized courts. The law does not allow the consideration of disputes about the jurisdiction of cases between the district and magistrate courts. The correct choice of instance rests with the plaintiff, who is obliged to independently determine how to file a claim in court.
Defining territoriality
In addition to determining the type of court, the plaintiff must determine the territorial location of the court. The law provides for the general procedure for filing a statement of claim with the court at the place of residence (location) of the defendant (Article 28 of the Code of Civil Procedure of the Russian Federation).
Lawyer at the Legal Defense Board. He specializes in administrative and civil cases, compensation for damages from insurance companies, consumer protection, as well as cases related to the illegal demolition of shells and garages.
