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
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
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
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
- 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.