What issues does the magistrate court consider?
In order for a claim to be considered in a magistrate's court, cases and disputes must be within the jurisdiction of that court.
Civil claims
The civil cases specified in Art. 23 Code of Civil Procedure of the Russian Federation:
- on the issuance of a document such as a court order (a ruling issued on claims for the collection or reclaiming of movable property worth up to half a million under transactions in simple written form or certified by a notary);
- on the dissolution of marital relations in the absence of a dispute over the upbringing of children;
- on the division of property acquired jointly by spouses during marriage, if its value does not exceed 50,000 rubles;
- property cases, with the exception of cases of inheritance disputes, with a claim value of up to 50,000;
- for disputes based on legislation on the protection of consumer rights, with a claim price of no more than 100,000 rubles.
A statement of claim is filed in the court district of the magistrate according to the general rule at the location of the person who is the defendant in this dispute.
Administrative
In the case of consideration of administrative cases, filing a claim with the magistrate is carried out by specially authorized state bodies, and the defendants are citizens. In accordance with the norms of Chapter 11.1 of the CAS of the Russian Federation, this authority has jurisdiction over the requirements for issuing a court order to collect sanctions and mandatory payments. In addition, he considers cases of administrative offenses specified in Art. 23.1 Code of Administrative Offenses of the Russian Federation. These are not only minor offenses, hooliganism, for example, but also such as illegal entrepreneurship.
Criminal
This authority also carries out a criminal investigation, jurisdiction is determined according to Art. 31 Code of Criminal Procedure of the Russian Federation. It is determined by the punishment: if it is less than three years of imprisonment, the charge is verified by the magistrate's court (with the provided restrictions and exceptions). Thus, it considers the most simple disputes as the first instance. But in this capacity, they check not statements of claim, but statements of crimes.
What can a magistrate judge do?
The magistrate deals with civil, criminal and administrative cases independently, without the involvement of third parties.
The official is vested with the following powers:
- execution of justice;
- supervision over the execution of decisions and sentences;
- checking the validity of decisions and actions of officials, etc.
In accordance with Law No. 3132-1 of June 26, 1992, justices of the peace are independent. They are subject to the Constitution and the law. They do not give anyone an account of the administration of justice.
The main advantage of turning to justices of the peace is its simplified scheme. The procedure is as simple as possible, which allows you to quickly consider simple cases.
How to compose
You must first formulate your request to the court, specify it, determine its nature - property or non-property (that is, not related to money or other property, for example, for divorce). Use the list of details and provide your own circumstances and factual data and evidence.
Requisites:
- a header indicating the addressee, the details of the plaintiff and the defendant (it is necessary to indicate the address without fail, any known from the documents);
- name of the form;
- the essence of the appeal, indicating the facts, evidence (for example, a purchase and sale agreement has been concluded, the obligations have not been fulfilled, which is confirmed by the existence of an agreement and the absence of receipts);
- legal justification is not necessary, but is desirable;
- an appeal to the court, highlighted with the word “I ask”, indicating specific demands, amounts, non-property claims;
- list of attachments (document on payment of state duty, evidence, copies for the defendant);
- Signature and date required.
Written form is required.
Another mandatory detail in property disputes: the price of the claim in the magistrate’s court, it must be indicated as a specific amount. This is the monetary value of the stated request. Also, the amount of the claim for filing in the magistrate’s court is determined by the value of the seized property, for example, by the value of the property that should go to the spouse after the division (Article 91 of the Code of Civil Procedure of the Russian Federation). The amount of state duty determined in accordance with Art. depends on the price. 333.19 Tax Code of the Russian Federation.
In non-property cases there is no price, but you still have to pay the state duty.
Judicial system of the Russian Federation
The Russian judicial system consists of general, arbitration and military courts. General courts are divided into two groups: federal and magistrates. Actually, in Russia, world justice is represented by justices of the peace serving their assigned areas.
The court of appeal for them is the district courts in whose territory they operate. The task of magistrates is to consider a mass of simple but time-consuming cases due to the need for paperwork. Below we will consider in what cases a sample application to a magistrate is needed.
Application structure
Regardless of the reason for filing an application with the magistrate, the sample is constructed according to the following scheme:
- indication of the number of the magistrate's court to whose judge the application is being submitted;
- FULL NAME. or the name of the collecting organization, place of residence or location, respectively;
- FULL NAME. debtor, place of residence, work, date and place of birth;
- description of the circumstances giving the right to recovery, reference to evidence, regulatory documents;
- list of copies of attached documents;
- fee payment receipt;
- signature and date of submission.
If the application is submitted by a representative, a copy of the power of attorney is attached. What should you remember about orders? Until the applicant has a refusal to issue an order or a court ruling to cancel it, he does not have the opportunity to file a claim.
Order proceedings
It applies to cases in which there is actually no dispute. This is an unfulfilled duty. In what cases are samples of applications for a court order required by a magistrate? The law provides a limited list of grounds for penalties:
- under a transaction executed in simple or notarial form;
- child support without raising the question of paternity or maternity;
- accrued but unpaid amounts to the employee;
- expenses for searching for the debtor, defendant or child;
- debts for housing and communal services;
- arrears in payment of fees by members of a homeowners association or building cooperative.
Debtor's actions
The procedural law provides for a simple procedure for getting rid of an order. All you need is a sample application to the magistrate for cancellation.
The document states:
- world site number;
- information about the debtor (full name, place of residence or location);
- a brief statement of the reasons for the appeal (issuance of an order, indicating its details to facilitate the search for the case);
- request to the court to cancel the previously issued order;
- signature and date of submission.
The law says nothing about what such a statement should look like. You can choose another drafting scheme, but the amount of information should be sufficient to understand from whom and for what reason the application was received. According to the law and clarifications, the fact of the request is sufficient.
For a claimant, searching for a sample application for an order from a magistrate is a necessary step before filing a claim. Almost all debtors manage to make a request.
The only requirement for the application is that it must be submitted no later than 10 days after receiving a copy of the order.
Court assistance in obtaining alimony
A sample application for child support to a magistrate is used if there is no dispute about paternity. The application contains information about the mother, father, and children. The description of the circumstances is as brief as possible: the fact of marriage and the birth of children. Nowadays, they often refer only to close relationships and the birth of common children, confirming this with a birth certificate. Then the reluctance of the child’s father to provide financial assistance to the child and his mother is noted.
An application for child support may be submitted by another person who has legal custody of the child.
The order is issued if the judge needs to decide what share of the debtor's income is planned to be collected. If the question of a fixed sum of money is raised or alimony is already being paid for another child, a claim is filed immediately. Because there is a dispute about the law.
What documents are included?
The task of the claimant or plaintiff is to justify their right of claim. For this purpose, documents confirming this right are attached. For example, copies of documents submitted to the HOA regarding the provision of services: contracts, acts of accepted work, etc.
If a debt is collected, a calculation of the debt is included. Failure to provide the necessary information is grounds for refusal of the claim.
In sample statements of claim, the magistrate is always referred to the appendix (item with a list of attached documents). In some it is only indicated, in others an approximate list is given that helps to navigate what exactly the judge will need.
An integral part of the application is the appraiser's report if we are talking about property and there is no exact information about its value. In this situation, you cannot do without an assessment.
Peculiarities of making decisions
The procedural law allows decisions to be made in an abbreviated form. What does it mean? The judicial act is drawn up without a motivation part. Only introductory, descriptive and conclusive are written. It takes much less time to compile it, about 10-15 minutes.
Participants in the process who were present when the decision was announced have three days to submit a request for a reasoned decision. If a participant in the process was not present at the meeting, he has 15 days to submit an application. The time is counted from the day the operative part is announced.
The judge must make a decision no later than 5 days after receiving an application from interested parties.
How to write an application:
- indicate the addressee;
- FULL NAME. interested person;
- indicate the case number, its essence (who contacted whom and about what);
- ask for a reasoned decision;
- signature and date.
State duty amounts
The formula for determining the duty in the tax code makes its size dependent on the amount of claims, and in addition an additional payment is made in the amount of several percent of the amount of claims. Minimum and maximum duty limits are established. Legal entities pay it at an increased rate.
The issuance of an order is paid in the amount of 50% of the amount that would have been paid when filing a claim. If a claim is subsequently filed, expenses incurred in connection with filing an application for an order are taken into account.
Filing a claim
The claim is filed according to almost the same rules, with some nuances:
- indication of the world site number;
- information about the plaintiff (full name, place of residence, contact details);
- information about the defendant (full name, place of residence, contact details);
- statement of circumstances;
- requirements to the court;
- a list of copies of documents attached to the claim;
- fee payment receipt;
- date of filing and signature of the applicant.
Copies of documents are submitted according to the number of participants in the process. Their insufficiency is a reason to leave the claim without progress.
