How to carry a civil case without lawyer? “Never save
on protection, advertizing and an insurance - and your affairs will go uphill“ , - Rockefeller said. In principle it would be necessary to include in this list also services of the lawyer. Too in some way security guard and defender of your interests. Yes here one hitch: too services of the lawyer in modern Russia cost much.
On average in Moscow services in maintaining a civil case in court cost about two thousand US dollars. If to add any contingencies and “additional efforts“ of the lawyer, then the prize of business will cost kopek. However, if you have time, forces and desire, then many procedures can learn to be carried out most. Then you go to bookstore where trade in legal literature, and buy the most necessary.
In trial not to do without judge. (By the way, not so there is a lot of judges in Russia: about 23 thousand of federal and 7 thousand world.) And here without lawyer it is quite possible to participate in civil trial. The law assumes that you can have a representative who is not the lawyer and not having legal education. The only condition - your representative has to be the capable citizen; but you were also not going to invite in court of the loony or child.
According to article 53 of the Code of civil procedure of the Russian Federation (GPK Russian Federation), the representative has to have a power of attorney certified by the notary or issued at your work. However, it is possible to certify the power of attorney and of ZhEK which serves your house. If you are personally present at court session, then it is enough to declare to court the representative in writing or orally, at the same time the oral statement is entered in the protocol of court session (part 6 of Art. 53 of GPK Russian Federation).
Before declaring the representative, it is necessary to estimate his abilities soberly. It is good if the servant of the people agrees to be your attorney. The deputy badge on a jacket lapel well influences our specific judges. Quite adequately the judicial journalist will be able to represent your interests if you have such acquaintance. At the worst, also some retiree from intelligence agencies living with you in the neighbourhood will fit.
And best of all do not contact representatives, be engaged in lawsuit. Who better you knows all circumstances and nuances of your civil dispute?!
So, you decided to act independently. Then will be necessary, on extremely measure, two books:
1) “The comment to the Civil code of the Russian Federation“ (with itemized materials and practical explanations);
2) “Comment to the Code of civil procedure of the Russian Federation“ (itemized).
In the first book more than one thousand pages, in the second - are slightly less, however it is optional to read everything. At you one concrete business, so study the corresponding chapter of the Civil code. And before going to bed read comments to GPK Russian Federation that know what to tell and how to behave in judicial hearings.
It will be useful to descend to the local temple of justice (city or regional) and to attend hearings of someone`s business. Of course, our peculiar judges with vigilance treat strangers in the hall. Can ask: who are you? Then it is proud answer that you are a listener, and add: “Here public court session, your honor!“
Useful will appear also surfing on legal the Internet - to resources. On the similar websites forums where it is possible to set and discuss specific questions meet. Sometimes there are also free consultations of the lawyer of on line in real time, but here everything will be rather short.
When get the minimum experience of communication with lawyers, you can consider that you were prepared for own business. To remember the main thing that courts and judges exist for us, citizens of Russia, and at all not on the contrary. The court is a routine attribute of life as shop, policlinic, ZhEK. You do not worry when you go to shop behind purchases; here and in court feel freely. The judge, as well as the doctor in policlinic, it is possible to replace though to refuse services of the bad doctor, of course, more usually.
It is simple further: if you the claimant, then write the statement of claim and if the defendant - that objections on the claim. It is far easier to write the document in quiet house conditions, than to appear in court. There directly skin you feel the negative aura of an adverse party directed to you. Well, it really opposite...