The procedure for drawing up an application in accordance with the law

How to draw up a document correctly

A petition is a statement in which a person asks to perform certain procedural actions. The document is widely used during investigative activities, in trials, at any stage of proceedings, regardless of the type of case: administrative, civil or criminal.

What is the application for?

a request to the court to take an action (for example, requesting documents, calling witnesses, etc.),
please provide an installment plan for payment of state duty, debt, fine,
a statement of intention to change the amount of recovery or other requirements in the claim,
request to the court to postpone the date of the trial due to certain events,
a statement about the need for the presence of a translator, expert, specialist in the process.

The petition is drawn up in any form, but you should not ignore some rules that apply to many procedural documents.

The following information is indicated:

details of the judicial authority,
personal data of the applicant,
document's name,
the basis for the appeal and evidence in favor of granting the petition,
reference to the provisions of laws and other regulations,
the attached documents are indicated, if necessary,
date and personal signature of the applicant.

The best option would be to draw up a petition correctly, in compliance with office work standards:

How to write a petition

People, when faced with the need to file a petition for the first time, ask themselves: how to draw up a petition? It should be remembered that this is not just a letter.

Important
The type of court case does not affect the specifics of drafting the paper. When preparing a document, you must follow current regulations.

For a positive answer, a person needs to fill out a request using competent, legally correct samples. The form of a formal request may change, but some basic elements remain the same. The application (sample) must contain the following information:

In the upper right corner the name of the government body to which the document’s author’s request is being written is indicated.
Factual circumstances.
The essence of the problem.
Passport details.
Arguments proving the applicant's case.
Links to regulations that allow you to satisfy the request.
Date of compilation and signature with transcript.

If you have questions about the constituent elements, you can contact a professional. He will tell you how to write a petition correctly and answer any questions you may have.

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Petition what is it

A petition is a procedural document, the purpose of which is to obtain information and assistance from a higher authority of a government agency or in a judicial process.

The document is most often drawn up in writing, but the request can be made orally.

This fact must be recorded in the minutes of the court session by the secretary. Typically, the application contains a request to take action and consider the issue in favor of the citizen.

Remember! An appeal to the competent authorities must be the basis for giving an immediate response in accordance with Art. 24.4 Code of Administrative Offenses of the Russian Federation.

If a court or other authorized body has decided to refuse to satisfy the stated petition, then the reasons and justifications are indicated. Refusal not supported by reasons is not permitted.

For example, if the applicant asks to submit documents for handwriting examination, but the court does not see the need for this, then the refusal must be supported by facts.

In most cases, petitions are sent to officials of authorized bodies and the judge hearing the case. During the process, the parties and their representatives whose powers have been notarized have the right to submit applications.

All individuals and legal entities have the right to appeal to the administrative bodies of the state in accordance with the following regulations:

Constitution of the Russian Federation (Article 33),
Code of Criminal Procedure of the Russian Federation (Chapter 15),
Code of Administrative Offenses of the Russian Federation (Article 24.4),
Code of Civil Procedure of the Russian Federation (Article 35),
Arbitration Procedure Code of the Russian Federation (Article 41),
Federal Law No. 59-FZ dated May 2, 2006 “On the procedure for considering appeals from citizens of the Russian Federation.”

Request to postpone the trial in arbitration proceedings.

In this case, a petition can be submitted at any time, regardless of what stage the case is at (Administrative Code Article 29.1, 29.7, Chapter 30, Code of Criminal Procedure Chapters 15-16, Civil Procedure Code Article 35):

at the time of preparation for the start of the hearing (at a conversation with the judge),
at subsequent stages of the case,
at the moment when the judge has already made a decision on the case (on appeal, etc.).

It is better to submit the petition in writing, especially if the matter concerns an administrative body. In judicial proceedings, the secretary is obliged to record the information received from the applicant. In other cases, it is difficult to prove that an oral statement took place.

Moreover, when submitting an application to the authorized bodies, you should ask to put an acceptance mark on your copy.

Watch the video. How to make a petition to the court:

In what cases are petitions drawn up?

The reasons for applying are varied.

The requests that are addressed to the court are quite varied. Most petitions fall into a few basic categories:

Examinations – requests for the appointment of examinations, primary or additional, the involvement of other experts, statements of disagreement with the results of the examination.
Legal costs – applications for consideration of issues of payment of legal costs (state fees, etc.): deferment, installment plan, exemption from payment, collection of costs.
Deadlines for taking actions - statements on the timing of filing complaints and protests, filing disputes, filing an appeal with the court.
Progress in the execution of court decisions - applications for deferment and installment execution of decisions, changes in the order of execution, clarification of the decision, familiarization, initiation or cancellation of enforcement proceedings.

It is also possible to submit petitions on the following issues:

issuance of a court decision;
issuing copies of documents;
joining the claim;
inclusion of evidence;
engaging a translator or representative;
recusal of the prosecutor;
attachment of documents;
replacement of the defendant;
calling a witness and much more.

You can petition on almost any issue in an effort to fully exercise your procedural rights. You can also submit an application to withdraw a previously submitted application.

Why is it necessary?

Citizens petition the authorized bodies and the court in cases where they cannot independently resolve a controversial issue and require the help of officials of administrative structures:

the appeal may be related to the settlement of the case in court and other competent authorities,
petition to the Constitutional Court of the Russian Federation for clarification,
requesting documents and other information that cannot be obtained without the help of authoritative bodies,
statement of the need to provide assistance in controversial issues,
a request for a bonus, financial assistance, or for recovery and deprivation from the head of the organization,
petition to initiate bankruptcy proceedings (Law No. 127),
petition to initiate enforcement proceedings (Law No. 229),
resolution of controversial issues in interaction with municipal authorities, housing and communal services, medical institutions, social services, etc.

The petition is sent to the body and official who is responsible for making decisions on the controversial issue, otherwise the citizen will only waste time, and the answer will indicate “refusal due to lack of jurisdiction.”

Before committing any legally significant action, it is necessary to ensure the necessity and expediency of the procedure. For example, is a handwriting examination of documentation necessary, or is the best option a petition to refuse recognition of the right?

In the first case, the citizen will have to spend a lot of money, and therefore it is worth thinking about whether it is really necessary to initiate the research process through a petition.

To the court

Regardless of the type of trial, the petition must contain the following information:

details of the judicial authority (name, address, full name of the judge and case number),
personal data of the applicant: full name, address of residence, registration, contact information,
the essence of the appeal and request, as well as facts indicating the need to make a decision in favor of the applicant or other individual, legal entity,
justification and support of the request by regulatory legal acts,
date of filing the application and personal signature of the applicant.

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To administrative bodies

The application is submitted to other administrative bodies in free form, but it contains the necessary information:

the document begins with the details of the authority where the application is submitted,
The full details of the applicant are indicated: full name, address of residence and registration, contacts. For a legal entity - details of the organization,
the appeal must be in a strict form, without unnecessary descriptions and emotions, written in an official business style. You need to write briefly, clearly and to the point,
the best option would be to proofread the text before sending, since mistakes made will not work in favor of the applicant,
the request begins directly with the words “based on the above, I ask...”,
the document ends with the date and signature of the applicant or group of applicants in a column (each initiator must sign), make a transcript,
If the organization has its own form on which requests are drawn up, then it is advisable to use this form of documents.

About encouragement (awarding)

This type of petition is sent to the head of the organization in connection with a request for a bonus, encouragement for certain merits, for the issuance of an award, for promotion and salary.

As a rule, the documents are prepared by the enterprise’s personnel department, but increasingly the responsibility falls on the shoulders of the applicant himself, so to achieve the desired result, the best option would be to file an application in accordance with all the basic rules.

The application must contain:

details of the organization, full name of the head (if the application is made on the company’s letterhead, then this information contains a stamp),
the essence of the appeal, expressed in a description of the citizen’s differences in work activity, his merits, assessment of personal qualities,
directly request: for bonuses, promotions, etc.,
date of application and personal signature with transcript.

Despite the free format of the document, you should adhere to the rules of document management.

Request to consider the case without a plaintiff.

Features of writing a petition for incentives

With the help of a petition, you can ask for encouragement - a reward for merit or a promotion. In order for a citizen to receive what he expected, he must send the completed document to management.

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The form of the formal request varies by organization. Usually, the responsibilities for drafting are assigned to employees of the personnel department, but they often shift it to the employees themselves. There is no guarantee that the manager will provide the correct sample paper. For this reason, a person wishing to receive an incentive must independently familiarize himself with the finished version of the application. A ready-made paper template will help you figure out how to write a request for encouragement. It must contain the following data:

address of the head of the organization;
description of the specialist’s merits;
employee characteristics;
the essence of the request;
date and signature.

Before drawing up a document, you should carefully study each point. The paper can be designed in free form, but all its components must comply with established rules.

How to choose the right option

If you search for the required sample on the Internet, you should be extremely careful when choosing the appropriate document form. It is not a fact that the found application contains current data.

The following recommendations will help determine whether the application is drawn up correctly and whether it can be used in the future:

carefully read the text of the application, find out whether the proposed sample contains regulatory documents,
If there are references to the legislative framework, then its relevance should be checked. Perhaps laws and regulations have lost force, or changes and amendments have been made to them,
if the data is outdated, then it is necessary to replace it with current regulations, otherwise the application will not have legal force.

If a citizen decides to make an appeal to an authorized body, to a court or addressed to an employer, then it would not be amiss to once again make sure that the laws in the presented sample have not lost force or have been changed.

Otherwise, the citizen will look ridiculous and is unlikely to achieve the desired result when submitting an incorrect petition.

Watch the video. How to properly submit a petition to a traffic police inspector:

When is a petition necessary in an administrative case?

You file a petition in a case of an administrative offense, if there is a need to postpone the court hearing, bring in a witness, ask to dismiss the case, request evidence, file a petition not to deprive a driver’s license, etc. In simple words, this is simply an official request from any of the participants in the proceedings, sent to the court in order to obtain the opportunity to perform one or another procedural action.

Despite the lack of a clear form for drawing up this procedural document, it is better to draw up a petition in an administrative case in court in accordance with the general requirements of procedural law. It is better if this is done with the help of our experienced, highly qualified lawyer.

It is worth saying that such requests can be made in different ways, the most important thing is that they must clearly state their essence. For example, you have the option to state:

a petition in an administrative case to terminate it (for this there must be compelling reasons, and when arguing the need to close the case, mistakes should not be made);
As practice shows, a request for a transfer in an administrative case is the most common request. This is a kind of opportunity to “drag out” the trial. Although sometimes there are indeed circumstances that require adjourning a meeting;
a petition to call a witness in an administrative case (given that a court hearing is a rather complex procedure, sometimes in order to prove the truth it is necessary to call witnesses, and this can only be done by drawing up a document specifically designed for this purpose);
another petition aimed at defending the case.