Application to the court for the protection of violated rights

Nov, 03 2021

Contents:

Often it is almost impossible to protect violated rights without the intervention of law enforcement bodies. That is why the legislators have provided several ways to protect the interests of individuals and organizations, the main of which is applying to court for the protection of their rights.

Application to the court for the protection of violated rights

All citizens of Russia, commercial organizations and officials are has this right. Managers can challenge liability for accounting violations in court, and employees can revoke a dismissal order or collect a penalty for delayed wages.

The right to judicial protection is established by the Constitution of the Russian Federation. It can be implemented both independently and with the help of a representative by proxy, if a particular case requires qualified legal knowledge that the applicant does not have.

The judicial authorities in the Russian Federation include courts of general jurisdiction, justices of the peace and arbitration courts considering disputes between legal entities. The form of implementation of judicial protection of rights can be expressed in the award of compensation, recovery of losses, termination of an invalid transaction, recognition of this or that right for the plaintiff, imposing on the guilty party the obligation to remove obstacles to the exercise of the plaintiff’s rights, etc.

What disputes are considered and settled by courts

Most often, an appeal to the court for the protection of violated rights occurs in civil and administrative cases. Civil disputes include:

  • division of property and recovery of damage;
  • disputes related to objects of intellectual property;
  • land disputes;
  • claims for the protection of consumer rights.

Administrative matters are no less varied. There are fines for violation of the rules of commercial activity, and disputes with tax authorities and other supervisory authorities. The managers responsibility for maintaining accounting often leads to the imposition of administrative fines on him, although in fact such violations occur through the fault of the accountant. In such situations, the director can, in court, challenge the measures of responsibility taken against him.

Procedure of filing a claim

Any citizen can apply to the court for protection by filing a claim. This document sets out the requirements, the satisfaction of which is necessary to restore the rights of the plaintiff. If an organization or an official was brought to administrative responsibility (for example, for a gross violation of accounting rules), they can appeal the decision in court and achieve the cancellation of the imposed penalty.

Legal proceedings are carried out in accordance with the principles established in the legislation. Among them are the equality of all participants in the process and their adversarial nature, the independence of the representatives of the judiciary, the publicity (openness) of court proceedings, the need to comply with reasonable time limits for all types of legal proceedings.

If the applicant does not have sufficient legal knowledge, or is located in another city, or simply does not want to invest his time in contacting state authorities, he can delegate the protection of his rights to a representative.

They are usually lawyers or professional lawyers who know how to cancel a fine, challenge a court decision, or legally get a debt repaid. An in-house legal counsel can help a manager avoid responsibility for misconduct, and a family lawyer will challenge a marriage contract or exact fair support after a divorce.

Before filing a claim, it is important to correctly determine the jurisdiction and jurisdiction, that is, choose the authority that is empowered to consider a particular case. Thus, an administrative fine for a gross violation of accounting rules cannot be challenged with a magistrate, and it will not be possible to recover in office by going to arbitration.

When contacting a professional lawyer, a citizen or director of an organization can receive the following services:

  1. examination of documents and written / oral consultations;
  2. drawing up complaints, claims;
  3. apply to the court for protection – to submit documents and participate in meetings on behalf of the principal.

The representative will determine the specific list of legal actions necessary to protect the rights of the client at the time of studying the documents. So, if the head is held liable for incorrect accounting, the lawyer will file a complaint against the corresponding resolution. If it comes to a dispute with a bank, a specialist will need an agreement with a credit institution and the entire history of payments in order to protect the client from unreasonable claims.

Author of the article
Application to the court for the protection of violated rights
Valentina Khlavich
Managing Partner
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