What magistrates consider, features of legal proceedings, how to file a claim in court

What issues are being addressed?

Magistrates consider the following categories of cases:

• Criminal proceedings.
• Civil cases.
• Cases of administrative offenses.

Each category of cases is provided for by the relevant code. The list of criminal cases under consideration is provided for in Article 31 of the Code of Criminal Procedure of the Russian Federation, civil cases in Article 23 of the Civil Procedure Code of the Russian Federation, and administrative offenses in Article 23.1 of the Code of Administrative Offenses of the Russian Federation.

In civil proceedings

Let us dwell in more detail on each point of jurisdiction.

A court order is a simplified form of resolving a civil case without trial based on the applicant’s demands, which is indisputable in nature. The requirements for which a court order is issued are described in Article 122 of the Code of Civil Procedure of the Russian Federation.

Note! The only basis for canceling a court order is the debtor’s return to the claimant’s demands.

• Divorce of marriage is considered by a magistrate, provided that there is no dispute between the spouses about the upbringing and place of residence of minor children.
• Cases regarding the division of jointly acquired property between spouses are considered by a magistrate only if the price of the claim (the value of the property) does not exceed 50,000 rubles. The division of spouses' property can be carried out both during the marriage and in the event of divorce.
• The magistrate considers property disputes taking into account the cost of the claim, which should not exceed 50,000 rubles. These include claims for debt collection under executed business contracts, ownership of property, and others subject to assessment.
• Property disputes to protect consumer rights.

The price of this claim, unlike other property disputes, is one hundred thousand rubles.

What is considered in criminal trials and under the Code of Administrative Offenses of the Russian Federation?

The competence of the magistrate includes the consideration of criminal cases, the punishment for which is provided in the form of imprisonment for no more than three years. This is a fairly large number of crimes, but part 1 of Article 31 of the Code of Criminal Procedure of the Russian Federation contains exceptions from the list of crimes.

More often, cases of private prosecution are considered, which are initiated upon application directly to the magistrate of the victim or his legal representative, such as:

• beatings;
• slander;
• insult.

Regardless of the sanction, cases of criminal offenses are considered by a district or city court, such as:

• murder by negligence;
• exceeding the limits of necessary defense;
• lewd acts and so on.

In addition, magistrates hear many cases of administrative offenses. This is a fairly large number of offenses included in the Code of Administrative Offenses of the Russian Federation. The most common cases are:

• citizens being drunk in public places;
• petty theft;
• traffic violations;
• violations of trade rules.

Up to what amount of the claim does the magistrate court consider?

What are they not doing?

Despite the large volume of cases being considered in accordance with the criminal, civil and administrative codes, there are certain restrictions directly specified in the legislation. Thus, in this instance the following cannot be considered:

• property disputes in which the cost of a claim exceeds fifty thousand rubles, and in cases of consumer rights protection – one hundred thousand rubles;
• divorce cases, if there are minor children in the family and there is a dispute between the parents when deciding on their upbringing and place of residence;
• deprivation of parental rights and adoption of children;
• criminal cases in which the sentence of imprisonment exceeds three years;
• criminal and civil cases, the consideration of which by law directly falls within the competence of district or city courts.

Maximum amount of magistrate's order 2020

A separate category of cases consists of cases on the procedure for changing punishment in criminal cases.
In a situation where several sentences have been passed against one person, he has the right to file an application for the magistrate to add up the sentences and assign a new sentence to be executed. Consideration of civil claims in the magistrate's court occurs in several stages . First, the magistrate calls the parties to the civil case for a conversation and clarifies the circumstances of the case without a protocol.

Maximum amount of a magistrate's order

If you do not agree with the amount of compensation, then you have the right to apply to the court to collect child support from you. For debt collection, if he does not have a court order for the statement of claim.

According to Article 107 of the Family Code of the Russian Federation, in the absence of an agreement on the payment of alimony, alimony for minor children is collected by the court from their parents monthly in the amount of: for one child - one quarter, for two children - one third, for three or more children - half of earnings and (or ) other income of parents.2.

The size of these shares may be reduced or increased by the court, taking into account the financial or family status of the parties and other noteworthy circumstances.

There are no unsolvable problems; there are incorrectly chosen ways to solve them.

Magistrates consider property disputes up to 50 thousand rubles, including in a simplified manner. Cases considered under a simplified procedure in the amount of 50 thousand to 100 thousand rubles are subject to the jurisdiction of district courts. Over 100 thousand rubles.

- also to district courts, but in a general procedure. At the same time, cases of writ proceedings are under the jurisdiction of magistrates in the amount of up to 500 thousand rubles. Leading legal consultant of the Transbaikal Department of Roshydromet of the Ministry of Natural Resources of the Russian Federation. Consultations in personal mail are PAID.

Please take into account when applying

Maximum amount under a court order

An application for the issuance of a court order must be signed by the claimant or his representative. If the application is signed by a representative, a power of attorney is attached to it.

In addition to the documents substantiating the claims of the claimant, the application for the issuance of a court order is accompanied by a document payment order or bank receipt confirming payment of the state duty. After preparing the application, but before filing it with the court, a copy of it must be sent to the debtor. This is necessary because h.

The best options for sending a copy are a courier service or a valuable letter with a description of the attachment and a receipt receipt sent by Russian Post.

Up to what amount is a court order issued by a magistrate? I read that up to 50 thousand, and above that there is arbitration. It's right? I don't forget about debts, I just forget to pay them off. Ryazan Research Institute of Psychology and Educational Methodology. XGame is the best free online space strategy game.

Seek child support through the court; he won’t be able to pay; he can be put in prison for up to a year; and deprive such a dad of parental rights so that in the future he won’t be able to file for child support if you deprive or restrict the dad.

Tolokonnikova’s petition will be considered on January 13 in Krasnoyarsk news.

Dmitry Primet, the size of the debt in this case does not matter. If the amount of debt is less than 50,000 rubles. - then the case is under the jurisdiction of a magistrate, who will be obliged to consider the claim on its merits, regardless of the amount of debt.

According to Art. 23 of the Code of Civil Procedure of the Russian Federation, the magistrate considers as a court of first instance: 1) cases of issuing a court order; 2) cases of divorce, if there is no dispute about children between the spouses; 3) cases of division of jointly acquired property between spouses where the value of the claim does not exceed 50 thousand.

Amount for filing a writ in the magistrate's court

It is half the amount that would normally be paid when filing a claim. The payment order form is attached to the application. Along with the application, certified copies of documents are also submitted that confirm the rights of the management company to collect utility bills and the debtor’s obligation to pay them.

So, if the application is written on behalf of a mother raising a child, you need to prepare a marriage certificate (or divorce), a child’s birth certificate and a document confirming registration at the same address where the mother lives.

23 of the Code of Civil Procedure of the Russian Federation, the magistrate considers as a court of first instance: 1) cases of issuing a court order; 2) cases of divorce, if there is no dispute about children between the spouses; 3) cases of division of jointly acquired property between spouses where the value of the claim does not exceed 50 thousand.

rub.

; 4) other cases arising from family legal relations, with the exception of cases of challenging paternity (maternity), establishing paternity, deprivation of parental rights, limiting parental rights, adoption of a child, other cases of disputes about children and cases on the recognition of marriage as invalid; 5) cases on property disputes, with the exception of cases on inheritance of property and cases arising from relations on the creation and use of results of intellectual activity, with the cost of the claim not exceeding 50 thousand rubles; 6) cases on determining the procedure for using property.

A magistrate's court is a body that deals with issues of justice. He is on the first step. Many people are interested in what cases the magistrate considers. To know the principles of its operation, you need to familiarize yourself with the main areas of activity.

It’s always interesting to get 100 thousand rubles simply by discovering low-quality sausage, especially by making it low-quality yourself,” the expert explained his thought.

Earlier, Izvestia reported that Rospotrebnadzor is developing a Code for the Protection of Consumer Rights.

The document will contain already existing norms of the law “On the Protection of Consumer Rights” and other acts, for example, on the obligation of sellers to accept “Mir” cards and o.

The World Court considers cases up to what amount 2020

The peculiarity of administrative cases is that offenses directed against the state or public order are considered, when government bodies are involved as one of the parties in the case.

Most often, magistrates consider administrative cases on the grounds of hooliganism, appearing drunk in public places, petty theft of other people's property, violation of traffic rules, and trade rules. The magistrate hears almost all administrative cases provided for by the Code of Administrative Offenses.

We will not dwell in detail on this category of cases, since they are very diverse and require separate consideration in each specific case.

We recommend reading: Changes to 228 of the Criminal Code of the Russian Federation in 2020

Hello, I’m wondering up to what amount the magistrate considers cases? And is it considered a criminal case if my magistrate issued a “Court Order” for an amount exceeding 300,000 and a general agreement for 1,230,000? Victoria Dymova Support employee Pravoved.ru Similar questions have already been considered, try looking here:

Court order up to 500 thousand rubles

With a court order, the costs will be lower. If the claimant applies for a court order, then he needs to pay only half of the amount that he would have spent to pay the fee during the claim proceedings.

And now the crux of the problem arises. Let us remind you that today, according to Art. 121 of the Code of Civil Procedure of the Russian Federation, a court order is issued for claims the amount of which does not exceed 500 thousand rubles. Thus, if the borrower, for example, has not repaid a debt of 300 thousand rubles, then the creditor, the collector, must first apply for a court order.

Amount of the magistrate's order

3.3. Good afternoon. The order was made absolutely lawfully. Apparently you are a client of Probusinessbank? This kind of story is not new.

You can call me and get more detailed information on solving your problem. The order must be canceled, otherwise the amount of the debt will be undeniable and you will have to pay in full.

After canceling the order, the amount of debt can be significantly reduced.

5.3. Magistrates consider property disputes up to 50 thousand rubles, including in a simplified manner. Cases considered under a simplified procedure in the amount of 50 thousand to 100 thousand rubles are subject to the jurisdiction of district courts. Over 100 thousand rubles. - also to district courts, but in a general procedure. At the same time, cases of writ proceedings are under the jurisdiction of magistrates in the amount of up to 500 thousand rubles.

What category of cases are considered by magistrates' courts?

Cancellation of a decision is important if the deadline for appealing in cassation has already passed. The defendant in the application must ask the court to restore the time period for appeal (if necessary in the future).

• if the cost of the claim exceeds 100,000 rubles;
• in criminal proceedings, the punishment is a term of imprisonment of more than three years;
• claims for division of property, the value of which exceeds 100,000 rubles;
• deprivation of parental rights and adoption of children;
• divorce cases when there are children in the family who have not reached the age of majority.

Up to what amount do magistrates consider claims?

other cases arising from family law relations, with the exception of cases of challenging paternity (maternity), establishing paternity, deprivation of parental rights, limiting parental rights, adoption of a child, other cases of disputes about children and cases of recognition the marriage is invalid; 5) cases on property disputes, with the exception of cases on inheritance of property and cases arising from relations on the creation and use of results of intellectual activity, with the cost of the claim not exceeding 50 thousand rubles; 6) cases on determining the procedure for using property. Info Based on the results of the State Council for the Protection of Consumer Rights held in May, Russian President Vladimir Putin instructed to consider the issue

Source: https://nl-consalting.ru/darenie-nedvizhimosti/maksimalnaya-summa-sudebnogo-prikaza-mirovogo-sudi-2019

How to determine territorial jurisdiction by address?

To submit an application to the court, it is first necessary to determine the territorial jurisdiction. To do this, it is best to use the State Automated System of the Russian Federation “Justice” service, which allows you to determine the specific area whose judge will consider the application.

1. To do this, you need to open the service on the Internet using this link.
2. In the “I’m looking” section, click on the circle with the name “magistrate’s precinct”; when it turns blue, go to the next section “Subjects of the Russian Federation”, use the mouse to place the cursor on the arrow, click on it once and a table with the names will open subjects.
3. We click on the desired subject, which changes the color fill and appears in the “Subjects of the Russian Federation” window.
4. Next, select a locality, place the cursor in this window with the mouse and write the name in Russian, for example, Moscow.
5. We move the mouse to the “street” window and type in the name of the street and, of course, the house number. If you do not specify the house number in this field, the message “nothing found for your request” will appear.
6. After filling out all the form windows, click on the “find” button.
7. If all fields are filled out correctly, the service will display information in the form of a table, which will indicate the number of the court site you need.

Professional requirements for magistrates

A judge at the beginning of his career takes a qualifying exam and takes the oath

A Russian citizen who has graduated from a higher educational institution and received a legal specialty can be appointed as a judge. He must be 25 years of age and have five years of legal experience.

The applicant for the position passes a qualification exam, which is accepted by the regional examination commission. The exam tests the candidate’s knowledge of regulatory legal documents and the ability to use existing skills in law enforcement activities.

Where can I see the solution?

The decisions taken by the participants in the trial are served in court against a signature, or sent by mail to their home address. If there is a need for a person who did not take part in the case to familiarize themselves with the decision, it can be found on the official website of the court, where all decisions are posted in the public domain.

• The decision can also be viewed on the Internet on the special resource of the State Antimonopoly Service of the Russian Federation “Justice”, or “Court decisions. RF":
  To do this, you need to enter the name of the court in any search engine and go to its official website.
• In the “Judicial Proceedings” section, a table will appear with a list of cases considered on certain dates. In this list you need to find the desired name; the decision on the case will be in the extreme column on the right.
• You can also find a decision by the name of the plaintiff or defendant, by the case number on the court’s website in the “Search for information on cases” section, where the name or case number is entered in the file that opens, the “find” button is pressed and you can view the results of the consideration.

How to challenge a magistrate's decision

In this case there is a special procedure. If the decision of an ordinary court is appealed to a higher authority, then the verdict of the magistrate is reviewed by the district court located in the relevant territory. This is very important to remember in order not to miss the deadline for an appeal.

There is one more difference from the standard appeal procedure - these are the deadlines. They may be significantly less than provided for other solutions.

For example, according to the Code of Criminal Procedure of the Russian Federation, 1 month is allotted to file an appeal against a verdict in a criminal case of a district court. However, if the verdict is signed by a magistrate, then it can be challenged only within 10 days.

In our next materials we will consider in more detail the features of consideration by a justice of the peace of one or another category of cases. We will also dwell on the nuances of challenging court decisions.

Change of competence in the pending litigation

From October 1, 2020, the legislator changed the jurisdiction of magistrates.

Dispute cases excluded:

• On determining the procedure for using property.
• For family disputes, with the exception of divorces, unless there is a dispute about children and division of property in the amount of up to fifty thousand rubles.

These disputes must be addressed to district and city courts.

During the trial, jurisdiction may change. In case of filing a counterclaim, changing the subject matter or increasing the amount of the claim. In this case, a ruling is made to transfer the case to the district court.

Up to what amount does the magistrate consider claims?

1. Claims up to what amount are considered by the Justice of the Peace, which legal regulations say this?
2. Claims up to what amount are considered by the Justice of the Peace, which legal regulations say this?
3. Up to what amount can a magistrate judge consider a claim?

If you find it difficult to formulate a question, call, a lawyer will help you: Free from mobile and landline Free multi-channel telephone If you find it difficult to formulate a question, call a free multi-channel telephone, a lawyer will help you 1.

Up to what amount can a magistrate judge consider a claim? Lawyer Nuriakhmetova S.M., 32635 answers, 13129 reviews, on the site from 01/27/2010 1.1. claims - Up to 50,000 rubles 2. Claims up to what amount are considered by the Justice of the Peace, which legal regulations say this?

Lawyer Gudkova G.V., 24372 answers, 8805 reviews, on the site from 02/20/2014 2.1. Up to 50 tr. . 3. Claims up to what amount are considered by the Justice of the Peace, which legal acts say this?

Lawyer A.G. Stogov, 588 answers, 314 reviews, on the site from 01/05/2009 3.1. Good afternoon 4. How does clause 5, part 1, art. 23 of the Code of Civil Procedure of the Russian Federation - the magistrate considers claims up to 50,000 rubles.

and Art. 121 Code of Civil Procedure of the Russian Federation - issuance of a court order.

The bank went to the magistrate's court in August 2020, debt since April 2020.

, the amount of debt was 7,000 (microloan), as of August they counted 100,000.

Shouldn't the magistrate have referred the case to the city court? Lawyer Kukovyakin V.N., 10229 answers, 6687 reviews, on the site from November 16, 2017 4.1. Hello, Allah! Code of Civil Procedure of the Russian Federation Article 33.

Transfer of a case accepted by the court for its proceedings to another court 1.

A case accepted by the court for its proceedings in compliance with the rules of jurisdiction must be resolved by it on its merits, at least in the future it will become subject to the jurisdiction of another court. Accordingly, the case must be considered by the magistrate if it is pending before him. Lawyer Knyazeva M.S., 703 replies, 498 reviews, on the site from 08/18/2017 4.2.

Good afternoon.

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How are sessions held in the Magistrates' Court?

In accordance with the law, civil cases are considered and resolved by the court before the expiration of two months from the date of receipt of the application to the court, and by the magistrate before the expiration of a month from the date of acceptance of the application for proceedings

Cases regarding reinstatement at work and collection of alimony are considered and resolved before the end of the month. The hearing of a civil case takes place during a court session with mandatory notification of the persons participating in the case about the time and place of the hearing.

Due to their heavy workload, they are not always (oh horror!) very familiar with the legislation on the topic, especially if the case is not typical for them. And yet, they usually try to resolve the dispute in accordance with the law and established practice. Cases of obvious bias of judges or corruption in courts in ordinary civil cases are quite rare, contrary to the well-known stereotype.

It is possible to achieve truth in court. Especially if you have good evidence. District courtrooms usually have cheap furniture. In some places it’s new, and in others it’s quite well-deserved.

It must be taken into account that judges approach this procedure formally; they, as a rule, are not inclined to explain in detail and thoroughly to citizens the various provisions of the Code of Civil Procedure, although at this stage they are theoretically obliged to do this. The meeting begins. Next, the judge removes the witnesses from the courtroom (otherwise they will not be able to testify later) and asks whether the parties trust the court and the secretary. You must answer that you trust, even if you don’t. If you do not trust so much that you are ready to seek a replacement of the judge or secretary, then you must not only report the lack of confidence, but also challenge the judge.

It’s worth writing about recusals separately, but here I’ll briefly say that requests for recusal are granted extremely rarely and only for very compelling reasons (family, official or close relationships with one of the parties, evidence of interest in the outcome of the case, etc.). When selecting an evidence base, this must be kept in mind. Evidence research stage Then comes the evidence research stage. De facto, the judge simply leafs through the file and names each document and page number.

It’s very boring, especially if it’s a multi-volume matter. However, this stage can be very useful: since you can write down the page numbers and refer to this when writing an appeal or cassation complaint (or objections to them), without wasting time reading the case

This is also important to understand whether you have provided all the evidence, whether you have forgotten anything, and whether everything is included in the case. At this stage, you can clarify which document is in the file - a copy or an original, clarify the page if you did not hear

Judicial debate.

Divorce through the Magistrates' Court

It is not always possible for spouses to resolve issues with divorce amicably; it happens that only one spouse feels the need to end the marriage; sometimes contradictions arise due to custody of minor children or in the area of ​​division of property. In any of the above cases, you will have to get a divorce not through the registry office, but in court.

In addition to district courts, magistrate judges can also hear cases of termination of family relationships. Many people know that hearing cases in a magistrate’s court is faster and easier. But not all couples can file a claim with this authority. You will learn about the cases in which divorce proceedings fall under the jurisdiction of the magistrate, as well as the main subtleties of the consideration of the case, by reading our material.

Which district court or which magistrate should I file my claim with?

The principle established in the Arbitration Procedural Code and discussed by us in the previous article has found its embodiment in civil procedural legislation. Article 28 of the Civil Procedure Code of the Russian Federation establishes that “a claim is filed in court at the place of residence of the defendant; a claim against an organization is brought to court at the location of the organization.”

Thus, if your defendant is an individual, the claim must be filed with the district court or magistrate serving the area or, accordingly, the area in which your defendant lives. Similarly, if the defendant is a legal entity, the claim is filed at the place of its registration in the district court or magistrate (depending on the amount of the claim).

In addition to the general rule, there are also other rules that determine the territorial jurisdiction of cases in courts of general jurisdiction:

• jurisdiction at the choice of the plaintiff;
• contractual jurisdiction;
• exclusive jurisdiction.

Rules of law

Law of the Russian Federation No. 188 “On Justices of the Peace” states that these persons authorized to conduct judicial proceedings are included in the general jurisdiction and unified judicial system of the Russian Federation. The charter of their activities, powers, rules for creating a position are indicated by the following rules of law:

• Constitution of the Russian Federation;
• Federal Law of the Russian Federation “On Justices of the Peace”;
• Federal Law “On the Judicial System of the Russian Federation”;
• other federal laws;
• laws of the constituent entities of the Russian Federation.

The decisions of this court are lawful for state authorities, local governments, individuals and legal entities, regardless of territorial affiliation.

Law of the Russian Federation No. 188 “On Justices of the Peace” guarantees the immunity and independence of judges and their relatives. The law established social and material security.

Each official represents a separate area. Its powers to ensure legal proceedings extend to a specific territory. The court site is located at the address of the local district unit (RF Law No. 20).

In the Russian Federation, the number of plots is determined in accordance with the Federal Law. The judicial district is created and abolished by the legislative norms of the constituent entity of the Russian Federation. The magistrate keeps his own file of cases.

The site should ensure legal proceedings in the constituent entity of the Russian Federation, covering 15 - 23 thousand citizens. If the number of residents is less than 15 thousand, the law may designate 1 site. The site is prohibited from being abolished until its proceedings are transferred to another authorized person (Law of the Russian Federation “On Justices of the Peace”). If there is excessive load on one of the sections, it is allowed to transfer production to other divisions (Federal Law of the Russian Federation No. 188, Article 4).

The management of the activities of representatives of judicial districts is carried out by the Department. It consists of several departments. The department performs the functions of ensuring the functioning and financing of global sites. The department organizes inspections and monitors professional development.

History of the World Court

Justices of the peace are known all over the world. They were elected by the population of cities to resolve minor issues. The world court originated in England in 1300. It appeared in North America in the 17th century, and in France at the end of the 18th century.

In the Russian Empire, justices of the peace appeared in 1864 after judicial reform. But due to some problems the institute was liquidated. It did not cover the entire territory of the empire, so it did not fulfill its meaning properly. This practice was returned only in 1912.

Today the concept of “magistrates’ court” is not used. There are only justices of the peace. They occupy the lowest level in the judicial system of the Russian Federation. Everything related to this link is regulated by the Constitution. It spells out the rights and duties of justices of the peace and the procedure for appointment.

During their activities, justices of the peace proclaim the will of the Russian Federation, strictly observing the law. The institute is financed with the help of the federal budget.

Requirements for magistrates

Any level of justice in the Russian Federation is constantly in need of new judges who are ready to work to uphold the law and resolve conflict situations. Let's look at the mandatory requirements for a citizen who plans to become a justice of the peace:

1. Having a higher legal education.
2. No criminal record or termination of criminal prosecution after full acquittal.
3. Lack of strong ties with other countries. A person who has a second citizenship or real estate abroad cannot be a justice of the peace. You must prove your intention to work only on the territory of the Russian Federation.
4. There is no reason to decide that a person is incompetent.
5. Absence of drug and alcohol addiction for a long time. If a person is registered in a psychoneurological or drug addiction clinic, then he is deprived of all rights to judicial activity.
6. Absence of serious illnesses that could interfere with vigorous activity.

A justice of the peace can be a person who is already 25 years old and whose work experience exceeds 5 years. You need to watch your words and actions. If there were serious violations that discredited his authority, then it will be very difficult to justify himself.

A potential judge will need to pass a special examination and receive a recommendation from any magistrate judge. If a person has already worked as a federal judge for more than five years, then these points are missed.