Court and arbitration

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Court and arbitration

The court of general jurisdiction is intended to protect the property rights of citizens. A similar function is performed by the arbitration court. Only not for individuals, but for legal entities and individual entrepreneurs. The judiciary must restore justice, punish the perpetrator. However, the plaintiff must prove in court that his rights were violated precisely by the defendant. A well-formed evidence base will help the applicant in achieving the goal. Independent actions rarely lead to the desired result. The specialists of DTK Partners will help you restore the violated right.

Appeal to the court of general jurisdiction and arbitration court

The Civil Procedural Code of the Russian Federation and the Arbitration Code of the Russian Federation regulate the procedure for going to court to protect property rights and interests.

Procedure for the applicant:

  • Preparation of evidence.
  • Collection of documents.
  • Drawing up a statement of claim.
  • Payment of state duty.
  • Submission of documents to the court.
  • Participation in litigation.
  • Obtaining a court decision.
  • Transfer of a writ of execution for compulsory collection to the bailiff service

Each of these steps has its own nuances. For example, the evidence base differs not only in the dependence of the subject of the claim, but also in each individual case. Although the Internet has long been filled with samples of claims, experience is needed to adapt them to a specific situation. It is not enough just to be present at the hearing, it is necessary to prove the fact of violation of rights, as well as to analyze the position and arguments of the opposite side, to develop and present counterarguments. If the applicant cannot do this, the court will refuse to satisfy the requirements. And the plaintiff will incur losses in the amount of the paid state duty and expenses for the collection of evidence (examination).

Legal support in a court of general jurisdiction and arbitration

The support of a lawyer in a lawsuit may be necessary not only to the plaintiff. As practice shows, in 50% of cases, legal support helps the defendant to reduce losses. And in 40%, they get a court decision in their favor.

Legal services in civil and arbitration proceedings:

  1. Lawyer will conduct a preliminary consultation and analyze of the submitted documents. Based on this, he will warn you about the prospects of the case.
  2. In case of applying to the court, the lawyer will prepare a statement of claim. If necessary, compliance with the pre-trial settlement procedure.
  3. An important point is compliance with the jurisdiction of the application. In case of a wrong court ruling, the documents will be returned to the applicant and you will lose time. Depending on the subject of the dispute and the specific situation, the lawyer will establish the necessary judicial authority.
  4. Representation in litigation will free you from the need for personal participation. This will not allow personal hostile relationships to affect the outcome of the proceedings.
  5. And the last stage is to bring into force the court decision. The lawyer will send documents to the bailiff service and will monitor the enforcement process. It must be noted that if the applicant’s requirements are satisfied, the court will recover legal costs from the defendant. This will allow you to get advocacy at no extra cost.

Reasons to contact DTK Partners

The lawyers of DTK Partners  have significant experience in initiating and supporting civil and arbitration processes. Services are provided on the basis of the contract, so each lawyer is personally responsible for the result of the case. In order to empower an employee of a law firm to represent your interests in court, a notarized power of attorney must be issued. In this case, you will not even have to be personally present in the proceedings .Legal services can be provided not only in Moscow, but also abroad. A qualified lawyer will never promise a 100% opportunity to resolve the situation in your favor. Too many factors influence the adoption of a court decision, and they are not always objective. But the lawyers of DTK Partners will take all possible measures to achieve the desired result.

The Russian judicial system includes several levels of courts, each with its own functions and jurisdiction. From initial decisions to the final conclusion of a case, understanding how each level works is important for anyone dealing with litigation. Let's look at the main courts and how their decisions come into effect:

Court of First Instance:
- This is the court that hears cases for the first time.
- The court of first instance may be a magistrate's court or similar court, depending on the nature of the case.
- After hearing the case and rendering a decision, the court of first instance announces its decision in court.

Court of Appeal:
- The court of appeal hears appeals against decisions of courts of first instance.
- The court of appeal may review the facts of the case and make a new decision or affirm the decision of the court of first instance.
- After rendering a decision, the court of appeal announces it in court.

Court of Cassation:
- The court of cassation hears appeals against decisions of courts of first instance and appellate courts.
- It verifies the correctness of the application of laws and procedural rules in the decisions of lower courts.
- The decisions of the cassation court are also announced at the court session.

The court of supervisory instance:
- This is the highest judicial authority that controls the correctness of the application of laws by all lower courts.
- The court of supervisory instance considers complaints against decisions of courts of all levels.
- The decisions of this court are final and cannot be appealed.

In the course of litigation and arbitration, there is often a need to represent the interests of the parties. Understanding who can act as a representative plays an important role in ensuring the fairness and efficiency of the legal process. Let's consider who can act as a representative in court and arbitration:

Attorney:
- Attorneys are legal specialists who have a license to practice law.
- They can represent the interests of clients in court and arbitration, providing legal protection and presenting arguments in legal proceedings.
- Attorneys have the professional knowledge and experience necessary to effectively represent the interests of clients in court.

2. Lawyers and legal consultants:
- Persons with higher legal education and experience in the field of law can also act as representatives in court and arbitration.
- Lawyers and legal consultants can assist clients in preparing documents, arguing, and presenting the case in court.

The correct choice of a representative in court and arbitration is an important step for the successful consideration of the case and the protection of the interests of the parties. Seeking assistance from qualified legal professionals helps ensure that disputes are resolved fairly and effectively.