Maria Yarmush Attorney at Law
Russian   | Contact Us

Home

Ligal representation in civil cases

Representation in arbitration court

Consultation

Testimonials

Phone:


+7 (962)-934-13-66
+7 (977)-424-91-27

e-mail:
mariayarmush@
gmail.com

 

          Office:

Khalturinskaya street,
6 A, Moscow, Russia

 

 

 

 

 

Representation in civil cases

The courts of general jurisdiction in the Russian Federation consider plaintiffs' cases brought by citizens, organizations, public authorities and local governments concerning the protection of violated or disputed rights, freedoms and legitimate interests, and disputes arising from civil, family, labor, housing, land, environmental and other legal relationships.

The civil court is the forum for any challenge to a decision of the arbitration tribunal and for issuance of a writ of execution to enforce an arbitral award. The court of general jurisdiction can also hear cases dealing with the recognition and enforcement of foreign judgments and foreign arbitral awards.

The first step in a civil case for a plaintiff is to determine the competent court and the proper respondent. A statement of claim must be prepared along with accompanying documents confirming the circumstances relevant to the case, and appropriate state fees must be paid.

Actual proceedings are initiated by the court, subject to the requirements of the Civil Procedure Code as to the form and content of the statement of claim. If the plaintiff (applicant) does not take into account the requirements of the law, the judge leaves the claim dormant, leaving it to the plaintiff to correct the deficiences. If the deficiencies are not corrected, the
court returns the petition to the plaintiff. The court may also refuse to accept the statement of claim on various grounds specified in the law.

Once court proceedings have been initiated, the plaintiff has the right to ask the court to take action to secure a claim, for example, by putting a lien on the property of the defendant. The court's agreement to such a request depends on there being justification of the need for interim measures.

The next stage of the process is to prepare a civil case for trial. The pleadings should take full account of all persons and entities connected to or participating in the case and should include all relevant evidences and sworn statements. If pertinent facts or documentation are missed at this stage, the party concerned will have no further opportunity to include them later, and will suffer from not being able to mount a full exposition or defence in the court.

In court, the judge or judges will hear the case on its merits and will reach a decision. Evidently this is the most crucial stage of the process. Advocates for the plaintiff and respondent (or the parties directly, if they are so ill-advised as to represent themselves) present the collected evidence and try to convince the court of the correctness of their legal position. It may well be that the court interrogates witnesses or the parties themselves on the basis of their statements, and the advocates must be ready to support positions taken in the pleadings with legal argument.

After the court has reached its verdict, the losing party may appeal the court's decision, possibly to more than one level of the judiciary. Obtaining permission to appeal is itself not necessarily straightforward, and the appeal process has its own complexities.

Thus, all stages of the trial are important and complicated from a legal point of view. The layman, unfamiliar with the intricacies of procedural law and not having much or any experience of presenting cases in the court, can easily lose a suit even when the legality and validity of his arguments are apparently overwhelming. Therefore it is necessary to entrust the protection of the client's rights and interests to professional counsel - a lawyer who specializes in a particular category of cases.

Attorney Maria Yarmush has extensive experience in protecting the rights and interests of clients in courts of law in complex disputes over property rights, inheritance disputes, family matters, intellectual property, defamation and other matters.

Attorney Yarmush's specializations are as follows:

- Marital disputes and the division of property in divorce or separation;
- Proceedings for annulment;
- Paternity suits;
- Child custody suits;
- Disputes on the recognition of title to real property;
- Establishing the validity or invalidity of transactions;
- Disputes over inheritance rights and the division of willed or gifted assets;
- Disputes over the validity of wills and probate;
- Intellectual property matters;
- Proceedings for debt collection and enforcement;
- Suits for the protection of honor and dignity.