Statement of claim. What you need to know?
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Southern Interregional Department of the Ministry of Justice (Odessa)
Statement of claim. What you need to know?
11.05.2017
Statement of claim. What you need to know?
Current legislation of Ukraine stipulates that everyone has the right to protect their rights in the event of violation or contesting recognition. Everyone has the right to protect its interests, which is not contrary to general principles of civil law.
According to Article 55 of the Constitution of Ukraine everyone has the right hroma¬dyanyn any means not prohibited by law to defend in court their rights and svobo¬dy from violations and illegal encroachments.
Implement the right to protect the violated or disputed rights may by written request to the court in the form of a claim or complaint. The written form of action provides clarity and vidpovi¬dnoho nature allows individualized claim za¬yavu.
The statement - a document that the plaintiff presented to the court in the prescribed form and procedural law contains a requirement to enforce the violated right or interest. Depending on the subject matter of the claim and the subject composition aspects of legal disputes, the claim is lodged in accordance civil, administrative or criminal proceedings. Each type of justice is governed by a separate procedural law (Code) and has its own, different from other requirements concerning the form, content and procedure for filing a claim.
Drawing claim - this is one of the most important stages of preparation of the case to its consideration at first in¬stantsiyi.
Keep in mind that procedural law does not pe¬redbacheni methods and techniques that can be za¬stosovani in the preparation of the statement of claim. Although it is known that it can be presented typewritten or written by hand. A method of making the text is written expression so¬boyu content or message. Details of the text defining the structure of its content. Text written document must be complete, true and clearly express the will or specific information about this subject, tsesualnoyi action. The disadvantages of the text is its incompleteness, neto¬chnist and obscurity to the external form of text also must meet certain requirements. The written text is not povy¬nen have zakreslyuvan, corrections, erasures and posts.
Based on the content of the claim, reasoning pra¬vovyh conclusions and given the correct zastosuvan¬nya of substantive law, can be seen on kvalifi¬katsiyu professional training and who it was, especially when the statement was drawn lawyer or other professional lawyer. The statement of claim may be filed in chancery court judge in person or sent to the court by mail. However, it should be noted that personal vru¬chennya claim the judge is more efficient because it allows you to immediately view, point to the shortcomings explain how they may be eliminated.
Compliance with procedural form and content of the statement of claim is one of the essential requirements of the law, ensuring the adoption and application judge violation of the proceedings.
Having regard to the current legislation, the claim must contain:
1. The name of the court to which application is made;
2. name (title) of the plaintiff and defendant, and the name of the representative plaintiff if the claim is filed by the representative, their place of residence (stay) or location, zip code, phone communications, if known;
3. The content of the claim;
4. The amount of the claim on the requirements of material nature;
5. the circumstances the plaintiff proves their claims;
6. indication of evidence supporting each circumstance, the grounds for exemption from proof;
7. The list of documents attached to the application.
Furthermore, that the claim must meet other requirements established by law. The statement of claim attached document confirming payment of court fees, the amount of which is defined in Article 4 of the Law of Ukraine "On Court Fee". The proof of payment of court fees submitted in the original trial. Exemption from court fees under Article 5 of the Law of Ukraine "On Court Fee" should be documented. In the event of a claim by persons who act to protect the rights, freedoms and interests of another person, the application must state the grounds of the appeal. If the claim is filed by the representative plaintiff, the complaint added attorney or other document confirming his authority. The statement signed by the claimant or his representative with the obligatory indication of the date of its submission.
Having made the claim in compliance with the form and content, to add to it copies of the application and copies of all documents attached to it, according to the number of defendants and third parties.
Thus, the observance of procedural form and content of the statement of claim is one of the mandatory requirements of procedural law which decision the judge zabez¬pechuye application and violation of prova¬dzhennyathe case. Compliance plaintiff claims that apply to a claim, it is important to procedural activities as the form and content of the statement of claim is one element of procedural regime, compliance with which is necessary for the smooth and timely consideration of the present dispute.
Y. Bondarchuk
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