What do jury service?

The jury - also known as trial by jury , for many of the accused's last hope for a fair consideration of their cases.  The judge, a professional lawyer, determines the penalty verdict based on the ordinary people who make a decision "in good conscience."

In the proceedings involved 12 jurors. Psychologists believe such a number of optimal for productive work in the small group.  People can not separate a, distracted from their own problems, paying maximum attention to the collective work.

In addition to 12 jurors "core team" to "bench" waiting for their turn at least two "doubles".  They "come out on the field" and take part in the discussion of the verdict in the case of illness or absence for any other reason someone out of "team players".

How to appeal the actions of a bailiff?

The bailiff does not properly perform his duties, his actions can be appealed to a certain order.  In great detail this procedure is described in the Federal Law "On Enforcement Proceedings".  I will focus on some features of complaints about facing the victims of unscrupulous bailiffs’ people.

The first thing to note is an alternative remedy.  A complaint against the bailiff's action may be filed in accordance with subordination to a higher court bailiff, and in the appropriate court.  It is not necessary before filing a complaint in court a long walk up the steps of departmental authorities of bailiffs.  You can immediately appeal the improper actions of the court, instead of waiting for superiors sorted out with a subordinate police officer.  It should be noted that this approach is more effective because your complaint gets more independent assessment.

The next moment, with which so many are confused - is the court where you file a complaint. The complaint filed in court, in the district of which the police officer performs his duties.  That is, if you appeal a police officer of H-sky area, for example, the Voronezh region, the complaint should be made in the H-sky District Court of Voronezh region, even if the Bailiff's Service is located in the B-relativistic region Voronezh region.

But if the writ is issued by the Arbitral Tribunal, then, of course, to appeal the actions the police officer should be the Court of Arbitration.  Also appeal the actions of the bailiff to the Court of Arbitration, if the performance is related to business activities (st.128 Federal Law "On Enforcement Proceedings").

Many in the complaint violate the terms of appeal.  Complaints are filed within ten days from the date of the contested decision, the commission of unlawful acts or omissions.  If a person is not informed of the decision making, perfect action, or inaction is not aware of, the complaint is filed within ten days, when the person became aware of it or should have known.  In any case, if the 10-day period is omitted, then the complaint must be given the request for his recovery, indicating a good reason to pass.  Either should be a link to something, when actually received the decision, became aware of the acts or omissions.

Details of the complaint and described in detail in article 124 of the Federal Law "On Enforcement Proceedings".  Necessarily in the operative part of the complaint indicate your requirement, ie  what you want: the abolition of regulations, require a ruling (for example, the attachment of property), to recognize the action (or inaction) illegal, and what action you are asking to take to remedy the violation (eg, seizure of property , enforcement or recovery of property owners and m . etc., etc.)

If as a result of enforcing judgments bailiff admitted several violations, be sure to list all of the complaint because the court will work with enforcement proceedings to the extent indicated in your complaint.  And to go beyond its requirements, ie  required to correct the violations, the elimination of which you did not ask the court in accordance with the civil procedural law can not.

How to enforce a court decision?

The man and women who turned to the court with his problem, spending time, effort and money, receiving a long-awaited court decision, relieved sigh.  Now everything will be okay and they will welcome the apartment, car, debt, reparations, etc., etc.  Not far from it!  The execution of the decision can take years, and eventually a person may be left with nothing.

How to make sure that this does not happen?  First of all, understand that the rescue of drowning - the handiwork of drowning.  If you are interested in the execution of the decision, then we must take the situation under control and work with the bailiffs.

How to protect your copyrights?

Some write poems or music,CD take photos, others create research papers or writing articles in magazines.  In the modern world at the present level of development of information technology, more and more people create works in digital form.  Keeping the product in the form of a file by posting it on the Internet, many do not realize how urgent is the issue of copyright protection, given the accessibility and ease of copying, and then, possibly, illegal use of labor's other people.

In accordance with Russian law a formal procedure of registration of copyright exists.  The only exceptions are the computer programs and databases that are registered in Rospatent.  Paragraph 4 of Article 1259 of the Civil Code reads: "For the creation, implementation and protection of copyright works do not require registration or compliance with any other formalities."  However, in practice very often the authors are faced with the need to provide documentation proving their rights to the object of intellectual activities to insure against loss or non-human author.

How to win a civil case without a lawyer?

The protection, promotion and insurance - and your case will go to the mountain" - said Rockefeller.  The idea of this list should also include a lawyer.  Also because in some way a guard and protector of your interests.  Yes, there's a catch: too expensive for a lawyer.

On average, in Moscow, management services of a civil case in court are about two thousand dollars.  If you add all sorts of contingencies and "extra effort" the lawyer , the winning of the case will cost a pretty penny.  However, if you have time, energy and desire, many procedures can learn to do yourself.  Then you go to a bookstore where they sell legal literature, and buy the most necessary.

In the trial judge can not do without.  (Incidentally, the judges are not so much: about 23 thousand federal and 7000 the world.) But without a lawyer involved in civil litigation is possible.  The law allows that you may have a representative who is not a lawyer and having no legal education.  The only condition - your representative must be able-bodied citizen, but you are not going to invite the court or child psycho.

How to enforce a court decision?

People who applied to the court with his problem, spending time, effort and money, get a long-awaited court decision, with a sigh of relief.  Now everything will be okay, and they will get long-awaited apartment, car, debt, reparations, etc., etc.  Not so fast!  Execution of court decisions could drag on for years, and eventually a person may be left with nothing.

How to make sure that this does not happen?  First of all, to understand: Life Saving - the handiwork of drowning.  If you are interested in the performance of the solution, then we must take the situation under control and work with the bailiffs.

In enforcement proceedings the party in favor of whom the award is called the recoverer, and by the Federal Law "On Enforcement Proceedings" has sufficient rights to protect their interests.  By virtue of this Act recoverer has the right at any time to learn the material enforcement, make copies, petition, appeal the actions of a bailiff in the prescribed manner.

How to legitimize the unauthorized alterations?

A new apartment or zatevaya repair the old tenants are making the old interior of any fancy new features: a kitchen with a hall combined, removing a wall, then install the tub in the bedroom.  Special problems after that tenants generally do not arise.  However, problems may arise in the event of conflict between neighbors (eg, flooding), the sale of apartments in the inheritance.  And generally, for any action to the apartment, which requires permission from the technical inventory and registration.

To sleep, to legitimize the changes made, and for this there are two paths: the reference to the local administration (if it's redevelopment have not yet done) and to the court, if the redevelopment - already a fait accompli.

This article discusses the second option: redevelopment has already made ​​and need to formally legalize the changes made.

How to go to court? Before ...

Relevance of the topic is compelling, the country is in full swing take over the democratic values of Europe, and there is protection of human and civil rights is one of the priority areas.

No, of course, the courts, and so do not stand idle, but among the people portrayed in two contradictory beliefs: Some believe that going to court is meaningless and even ashamed, others believe that if only to write an application and the court will immediately transform into the desired reality.

Both arguments are wrong, and here's why:

- Firstly, the appeal to the judicial authorities in any way is not shameful and will not be the reason that all around will be talking about you as a hell-raiser. This right is given to us by law and, moreover, appeal to the court - a way to resolve the conflict, worthy of civilized man;

Do the arbitral tribunal for disputed territories?

The arbitration court - the most ancient invention of mankind in resolving various disputes. The arbitration court - the most ancient invention of mankind in resolving various disputes. Priority in such proceedings, as a rule, is contractual start. Today in the world in almost every major state arbitration courts are established on a permanent basis - arbitration of a third party that is accessed by the disputing parties who agree to accept and trust his decision. Such courts are popular and are successfully operating in the U.S., Britain, Russia, France, Austria, Sweden and other countries.

Arbitration courts are not only permanent, but also to solve specific disputes. Some of them, such as the London International Court of Arbitration, American Arbitration Association, the International Court of Arbitration of the International Chamber of Commerce in Paris, the Arbitration Court at the Chamber of Commerce of the Russian Federation - the internationally recognized, respected organization.

How to apply to the court?

Very often in life we are faced with various problems. Some of these problems can be solved only by trial. This really is a time that most of us at least once in their life, but had to go to court for protection. And someone else will. How correctly apply what caveats might encounter on our way? This is what we'll talk in this article.

The first thing you should know is that each claim are mandatory details in case of no indication that the court or return your message, or leave it without consideration. What must be given in our lawsuit? According to Part 2 of Art. 131 CCP RF in the statement of claim shall include:

1) name the court to which application is submitted;

2) the plaintiff's name, place of residence or location of the claimant (if the application is submitted by a legal person);

How to apply to the court?

Very often in life we are faced with various problems. Some of these problems can be solved only by trial. This really is a time that most of us at least once in their life, but had to go to court for protection. And someone else will. How correctly apply what caveats might encounter on our way? This is what we'll talk in this article.

The first thing you should know is that each claim are mandatory details in case of no indication that the court or return your message, or leave it without consideration. What must be given in our lawsuit? According to Part 2 of Art. 131 CCP RF in the statement of claim shall include:

What you should know when choosing a representative in court?

Happens, we have to defend their interests in court. It happens that we ourselves something prevents the court sessions. The reasons may be different: the disease, urgent mission, as well as lack of knowledge in the field of law. Fortunately, in the civil procedural legislation of the institution of representation, which has been known since Roman times.

Immediately say, that in this article will focus on representatives of the individuals.

Choosing a representative, you should know that to represent you in court may be any adult able-bodied citizen, that is, it can be like your neighbor, uncle Vasya and a qualified lawyer. However, it should stipulate that this rule does not apply to criminal proceedings, defense counsel here can only be a lawyer. In addition, the law makes a reservation that can not be representatives in the court of judges, investigators and prosecutors, except for their participation in the process as representatives of the authorities or the legal representatives, that is, the investigator, for example, can represent interests of the inquiry body, in where he works and which authorized it to do so, or, for example, act in court proceedings as a representative of her minor son (legal representation).

How to recover compensation for moral damage?

Courts began to decide on compensation for moral damage from the early 90's. The possibility of compensation for moral damage is fixed in the Civil Code of the Federation (GA RF).

What is moral hazard?

Article 151 of the Civil Code states that a physical or mental suffering inflicted on the citizen actions that infringe on its intangible benefits. Themselves are intangible benefits are listed in the previous part, the 150 th article of the Civil Code. These include life and health, personal integrity, honor and good name, the right of free movement, choice of residence, the right of attribution and other moral rights.

At the same time, moral hazard can not be caused by legal persons. After all, it is clear that the physical and moral suffering for legal entities is impossible.

What are the basic rights of consumers?

In 1985, a resolution was adopted by the General Assembly of the UN Guidelines for Consumer Protection ", which defined the basic rights of consumers. Virtually all of these rights are reflected in Russian legislation on consumer protection. Consider some of them in more detail.

Civil Code establishes the principle of freedom of contract. This means that the parties are free to determine the conditions of the concluded agreements, which are stated at their discretion, and may contain derogations from the rules established by the legislation.This principle is realized in the RF Law "On Protection of Consumer Rights, which states that the seller (performer) must deliver to the consumer goods (works, services), quality of which corresponds to the contract. Thus, if the parties agreed on as a commodity, the violation of these agreements will be treated as breach of contract.

As an employee terminate the employment contract of their own volition?

The procedure for termination of employment initiated by the employee (by choice) is governed by Article 80 of the Labor Code.

The employee has the right to terminate the employment contract, notice to the employer in writing two weeks. The written form of notice of resignation is required. Oral statement by the employee to terminate the employment contract can not constitute grounds for the publication of the employer the appropriate order of dismissal.

The duty to warn an employee of the employer to terminate the employment contract at his own request two weeks (and head of the organization - for one month) does not mean that an employee can not do it for a longer period. Two weeks should be viewed as the minimum period for which the employee is required to notify the employer of intention to terminate the employment relationship.

By agreement between the employer and employee an employment contract may be terminated before the expiry of notice. But if the employer has not given consent to the termination of the employment contract before the expiry of notice, the employee must work out the due date. Early termination of work in this case is a violation of labor discipline.

How to behave around the police?

In all tourist areas of Egypt have offices tourist police, and no matter what happens in the usual tourist site does not fall.

In the event of a collision with local citizens Egyptian state is always on the side of the foreigner. During the conflict, with employees in the extortion of money (for example, for the loss of room key) you can safely call the police or face it. Egyptian police are very afraid of her.

How to behave in a street fight? Individual brawl

It's no secret, that our world of today rather stiff and uneasy, especially in recent times. Discussed in the article will focus on how to behave in a street fight. From time immemorial, in the world, and especially in Russia, were highly valued people who can stand up for themselves in any situation. Until now, the ability to fight is necessary for any man who wants him and his family could walk the streets and do not look around. Unfortunately, not always the martial arts fit into our lives, but little of the principles of individual combat accessible to everyone.

First of all, all fights are divided into individual and group. On the first will be more written below. Firstly, the fight "one on one" complicated by the fact that every enemy has its pluses and minuses. Professional fighter can identify them immediately and in large numbers, you also fairly assess the situation in general. And remember, you're not in competition, by all standards-hand combat, fight should not last more than 10 seconds (against the opinion, which is composed of American fighters) - during which time the enemy simply must be defeated.

How to appeal to the European Court of Human Rights?

Europe (Strasbourg), the Court of Human Rights considers disputes between states and citizens, and not between citizens and legal entities, so if all courts refused to you in a lawsuit to recover wages from your company, you can not present the same case to the European court. In this case, you can contact them with claims to the Federation, which does not protect your labor rights in national courts.

On what violations can complain to the European Court of Human Rights?

The Court did not consider any violation of our rights with you, but only those provided by the Convention on the Protection of Human Rights and Fundamental Freedoms, also known as the European Convention on Human Rights.

Ie complain of Russia to the European Court can only be if it violated some sort of your right under the European Convention and, therefore, the Court may not consider violations of law, who are not also violations of the Convention.

When can I apply to the European Court of Human Rights?

Make a complaint to the European Court can only be when we have exhausted all domestic remedies, and only six months after the authorities will make a case for your final decision.

This means that you must do your best to solve your problem in Russia, and only if you can not do it, you will have the right to appeal to the Strasbourg court.

Since the vast majority of disputes in our country can be transferred to the court, you must apply with the problem in the court, and if he refuses you, you should appeal this decision as long as you will not be denied completely.

Ie if the decision in a civil case or the verdict in a criminal that violated the European Convention, made a magistrate, then you should apply for them appeals to the district court, but if they made a district court, then you should submit appeals to the court your subject of the federation ( provincial, regional), etc.

Until recently, the European Court of Justice to receive complaints of Russian citizens immediately after they were denied the courts of appeal, because He believed that in Russia, review of cases in the order of supervision depended not on the willingness of citizens and on the discretion of the heads of the court and prosecutors.

Today, after the adoption of the new Civil Procedure Code and Criminal Procedure Codes in the retrial of supervision begins at the request of the citizen and the Court may consider that before resorting to it, you must first lodge a complaint for review by way of supervision of the Presidium of the Court of the Federation, then in The Supreme Court and then to its Presidency.

Before the European Court decides this issue, I propose to do as follows. Complaint to the Strasbourg court must be submitted as soon as you lose the case in the court of cassation or appeal, has also filed a complaint to a higher court in the order of supervision.

If the Court does not accept your complaint due to the fact that you have not appealed the decision of the supervisory order, after considering the application for supervisory review you again refer to the European Court and, thereby, do not miss the six-month period for its submission.

Since when violations are the jurisdiction of the European Court of Human Rights?

Referring to the European Court, it should be remembered that he was considering complaints under the European Convention, which occurred after its entry into force for the Federation, ie, after May 5, 1998

If you complain about the violation of your rights that occurred prior to that date, then the Court will refuse to accept the complaint.