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Family disputes. A marriage contract, contract. Extremely important reasons is the jurisdiction of the deprivation of parental rights. In accordance with art. 24 Code of Civil Procedure cases of deprivation of parental rights only have jurisdiction over federal judges in courts of first level - the district courts. When personal claims in court must determine not only the territorial jurisdiction (to determine to which of the judges treat defendants territories, but also identify the judge who lower this category of cases. III. Abandonment of the case without movement, the refusal of consideration Especially worth noting that if the plaintiff does not executed the requirements of art. 131 and 132 GIC Russia, the judge made a determination on the abandonment of the statement, without movement, which notifies the person who made the statement and give reasonable time to correct the deficiencies. Thus, the reason for the abandonment of the statement of claim of deprivation of parent


Family disputes. A marriage contract, contract.

Extremely important reasons is the jurisdiction of the deprivation of parental rights. In accordance with art. 24 Code of Civil Procedure cases of deprivation of parental rights only have jurisdiction over federal judges in courts of first level - the district courts. When personal claims in court must determine not only the territorial jurisdiction (to determine to which of the judges treat defendants territories, but also identify the judge who lower this category of cases.

 
III. Abandonment of the case without movement, the refusal of consideration

Especially worth noting that if the plaintiff does not executed the requirements of art. 131 and 132 GIC Russia, the judge made a determination on the abandonment of the statement, without movement, which notifies the person who made the statement and give reasonable time to correct the deficiencies. Thus, the reason for the abandonment of the statement of claim of deprivation of parental rights without a motion is:

1) the absence of names tribunal to which the application;

2) the lack of plaintiff"s name, his residence, as well as the representative name and address, if the application is filed representative;

3) the absence of defendant"s name, his place of residence;

4) failure to petition for what is the violation or threatened violation of the rights, freedoms and legitimate interests of the plaintiff and his claim;

5) the absence of the circumstances under which the plaintiff bases its claims and evidence of those circumstances;

8) the absence of the list annexed to the application documents.

9) the absence of copies of documents in accordance with the number of defendants and third parties;

10) the absence of copies of documents attesting to the payment of state taxes;

11) The lack of power of attorney or other document certifying the credentials of the representative plaintiff;

12) The lack of documentation attesting to the circumstances in which the plaintiff bases its claim, copies of these documents for the defendants and third parties, if they have no copies;

Furthermore, in accordance with art. 135 Civil Procedure Code the court returns a claim of deprivation of parental rights if

1) not under the jurisdiction this case to trial;

2) The statement of claim filed incompetent person;

3) the statement of claim was signed or a petition signed and filed a person does not have authority to his signature and submission to the court;

4) in the production of this or another court case there is a dispute between the same parties, on the same subject and on the same grounds;

5) pending a court of the adoption of the statement of claim to the production of the court from the plaintiff received a statement of the return of the statement of claim.

The same court in accordance with Art. 134 Civil Procedure Code

refuses to take claim of deprivation of parental rights if:

1. The judge denied the adoption of the statement of claim if:

Statement made to protect the rights, freedoms and legitimate interests of another person, authorities, local self-government, organization or citizen, who by this Code or other federal laws are not granted such a right;

there is a valid court decision on the dispute between the same parties, on the same subject and on the same grounds, or the court to terminate proceedings in connection with the plaintiff"s denial of a claim or statement the settlement agreement the parties;



On the definition of abandonment of the statement of claim without movement, the return of the statement of claim or refusal to take action plaintiff (his representative) may file a private complaint.

 
IV. especially trial

Following the adoption of the statement of claim of deprivation of parental rights court makes the determination preparing cases for trial. At this stage of proceedings the court shall notify the persons involved in the trial, send them a claim with copies of documents, as well as commissions the guardianship authorities to carry out an act of a survey of housing conditions of the child (ren), as well as the parents of a child (ren) and offers an opinion on the alleged plaintiff requirement. This procedure is needed to determine the nature of education and residence of the child, length and quality to ensure the child (ren) parents, the relationship between the child (ren) with parents, etc. However, opinion on the fact that an act of the survey is not compulsory at this stage of the trial, as well as The representative of the guardianship has the right to express an opinion on the case of deprivation of parental rights at any stage of the trial until disposal of vessels at the meeting.



Опубликовано: 04.01.2009
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