How to apply to the court? Apply to the court. Sample

When disputes arise in the economic andbusiness, then you need to apply to arbitration. Is it possible to win a case without a lawyer, how to file an application with a court and how to write it, on what issues should you refer to a judge? These and other points will be considered in the article.

What issues does the arbitration court solve?

Non-fulfillment of obligations, violation of intellectual property rights or neglect of payments by a legal entity.
Situations of bankruptcy.
The need to obtain enforcement orders on the implementation of the decision.
Cases related to evasion or refusal of a legal entity in state registration.
Civil and administrative legal relations.
Administrative violations.
Corporate disputes.
A review of the decision that the other court took.
Cases related to shares, securities, depositories.
Revision of normative and legal acts related to human rights.
Situations that require protection of the reputation of a law firm.
Challenging decisions made by government officials and other officials.
Any economic issues involving domestic and foreign legal organizations, private entrepreneurs and even individuals who do not have citizenship but conduct business.

For each situation, you need your own samplestatement of claim in court. It is necessary to study the arbitration procedural law in order to find your case, or to consult with a lawyer. Those issues that the arbitration court does not resolve will be considered in an arbitration court or a court of general jurisdiction.

Where to go to resolve the dispute?

Depending on what your situation is,Your case can be appropriated generic, exclusive, contractual and territorial jurisdiction. Generic jurisdiction is decided in the arbitration court of first instance, except cases relating to the Russian Federation and the Federal Courts.

Everything that relates to cases related to regulatoryActs of the President, executive power, the Government, affecting economic and business issues, you need to apply to the first instance. Submission of an application to the court in the case of non-normative presidential, governmental, federal acts concerning citizens of Russia and foreigners in the sphere of economy is also carried out by this judicial department.

If your case was rejected in arbitration of the first instance, then contact the territorial court, which is located at the place of registration of the legal company.

In some cases, participants in the case are invited toto choose arbitration court. In this case we are talking about contractual jurisdiction. When it is impossible by law to change certain aspects of your case, it is an exclusive jurisdiction.

How to make a statement to the court. Types of appeals

In arbitration, citizens can file a claim, an application andcomplaint. Civil legal relations are described in the statement of claim. In disputes, legal entities may file cassational and appellate complaints against the parties to the dispute and in case of disagreement with the judicial decision of the arbitration bodies. Administrative, public affairs, bankruptcy and other issues of special production require the preparation of an application.

How to apply to the court (mandatory items in the preparation of the claim):

The name of the court.
Name of entrepreneur with residence or legal name of the company with location.
Name and location of the defendant.
Clear claims to the defendant with specific articles of laws and regulations.
Circumstances indicated in the claim and evidence.
The price of the claim (if the situation involves an assessment).
Calculation of monetary compensation.
Facts about the execution of the claim and pre-trial procedure, if this is provided for by the contract or by law.
Information about the measures already taken in solving pre-trial cases.
List of all documents that apply to the claim.

The document is completely written by hand (without electronic dialing). The name and patronymic are written in full, without abbreviations, and the text is signed by the plaintiff.

What documents to attach to the claim

Before applying to the court, you make copies of documents that need to be sent to court.

Certificate of registration of IP or legal entity.
Documents confirming the circumstances referred to by the plaintiff.
Documents evidencing legal relations, obligations and non-fulfillment of the terms of the contract between the plaintiff and the defendant.
The receipt for payment of the state duty in the amount of 0.5-4% of the amount of the claim.
Document providing a privilege for payment of state duty.
An application for an installment plan or a reduction in the state fee.
Power of Attorney, if the situation involves the signature of a trustee.
Documents of judicial decisions that were adopted in this situation.
Documents that assume the calculation of the recovered price.

Actually attach all the documents that arehelp you to understand the court in your situation. Make copies of the claim and documents, because if you refuse to review your case, you must find an error. Most often in such matters you need a specialist.

How to apply to the arbitration court. Sample of claim

A special template of the application is attached to each jurisdiction. Let's see how the claim is drawn up under the contract of delivery to recover the debt and the interest from the defendant. In the upper right corner are written in the column:

the name of the arbitration court;
name of claimant with TIN, OGRN, registration address, telephone, electronic address;
name of the defendant (claims are the same as those of the plaintiff);
the amount of the claim in figures and in words;
state duty in figures and in words.

The first line begins with the preposition "in", and the dataplaintiff and defendant prescribe in the nominative case. In the middle, retreating 1,5-2 centimeters, prescribes the subject of the statement of claim, in our example - about the recovery of debt and penalties. The main thing is to write down the header and the text of the statement correctly. How to apply to the court? This can be done by registered mail.

Then you write down the essence of the claim. For example, an agreement (number, date) was concluded on the delivery (title of the goods) between the claimant and the defendant with the following obligations. Then, prescribe what the plaintiff did and how much it spent with the confirmation of the commodity invoices and invoices, and also attach documents on the acceptance of the goods by the defendant.

Description of breach of obligations on the part of the defendant

Further detailed in detail what obligationsshould have been with the defendant, and that he did not comply. If there were any actions on his part for payment, then attach receipts and payment orders.

Next, specify the amount owed by the defendant andrefer to the Civil Code of the Russian Federation, indicating the relevant articles on the mandatory performance of the contract when buying and selling goods. Therefore, before you make a statement to the court, examine the articles of the code or consult with a lawyer.

Also focus on the clause in the contract.with the defendant, where the percentage of penalties in violation of the obligations of one of the parties. Present documents about the claim on the foam to the respondent and prescribe his actions (refusal, ignoring, etc.). Then summarize, referring to the relevant articles of the Civil and Arbitration Procedural Code of the Russian Federation, prescribe on points your request (to recover debt, interest, state duty, reimburse court costs). The last step is to prescribe in the column all the attached copies of the documents, put the date and signature with the stamp.

How to write a statement of recognition of the defendant bankrupt

The application to the court for the recognition of the insolvency of the debtor is written in almost the same way. In the upper right corner is prescribed cap:

the name of the court with the mailing address;
name of the lender with the same requirements;
the name of the debtor according to the same plan;
state duty in numbers and in rubles in rubles.

Next comes the name of the application. The relations between the creditor and the debtor are also specified, and contracts and documents on the execution and violation of obligations of each of the parties are attached. Then the plaintiff is obliged to indicate how much the defendant owes him, how this calculation took place, how much the penalty is. If this question has already been considered by the arbitral tribunal and there is its decision, then a copy of the document is attached, and it is also stated that the debtor has not fulfilled its obligations under the court decision. Next, the creditor prescribes articles that protect his interests, and asks the court to declare the defendant bankrupt.

What to focus on, to recognize the defendant insolvent

The lender emphasizes that from the daythe court decision has expired the deadline for the fulfillment of obligations by the respondent, once again specifies the amount of the debt and asks the court to declare the debtor bankrupt, referring to Article 395 of the Civil Code and Article 3 of the Insolvency Law.

Also, the plaintiff offers self-regulatoryorganization with its name and address, where you can choose a temporary manager. Prescribes his amount of remuneration for the performance of temporary duties.

The claimant further summarizes his requirements withreferring to the articles and asks the court to declare the debtor bankrupt, approve the temporary administrator and establish the remuneration at the expense of the defendant. In some cases, prescribed professional requirements for the manager.

The following also lists the names of documents andcopies that are attached to the claim. Put date, signature and seal. The claim is sent by registered mail. To prevent your document from being returned, contact a lawyer for assistance or find sample claim templates specifically for your case.

Summarizing

To write a competent statement to arbitrationcourt, the sample you take in the courts or on the legal portal "Garant". But it is best to seek the help of a lawyer who can suggest suitable articles of a particular code in a particular case. Also, litigation may be delayed, and a lawyer can represent your interests and act on your behalf, which saves your time.