LawRegulatory Compliance

A petition is a special request of the applicant

There are situations in which the individual's actions are not able to achieve the desired result. All efforts are futile. In such cases, it becomes necessary to ask someone for help.

A special kind of request

A request is an appeal to another person, urging him to perform an action of a certain nature. She should speak out politely, without complaints and insults. The request can be expressed either verbally or in writing. In it, a person explains the current situation and calls for assistance in resolving it. An application is one type of request. It is more often written, but the oral presentation of the problem is also occasionally acceptable. Such treatment can be presented by both one person and a group of persons. Even an entire organization sometimes acts with him. A petition is a document that contains a kind of petition for something and is usually sent to a certain social organization, state body or higher authority. The petition is drawn up in the name of a specific official who is competent in this issue and has certain powers to resolve the matter. For example, plant management can apply for the allocation of a place in a hostel on the balance sheet of another enterprise to its employee. On the other hand, the petition is a kind of statement. It can even be regarded as a citizen's appeal, containing an expression of his will and sent to the appropriate authority for the realization of his civil rights. In judicial practice, the petition is a petition of one of the participants in the process with a formal request for certain actions and decisions on the case in question. It can be sent to any official (judge, investigator, prosecutor and others) participating in a particular case.

Rules for drawing up a document

In order to draw up a petition, a sample is not needed. There is no approved form or standard form. There are only basic requirements that the state makes to documents of this kind. In form, the petition resembles a common statement. It must be present:

1) Requisites of the person who makes the request (name and address). If the head of the organization or an authorized representative acts as an applicant , you must indicate his position. In judicial practice it is additionally required to specify its procedural position.

2) Requisites of the addressee.

3) Signature of the applicant.

If the petition is drawn up for submission to the court, then it must be drawn up in the following order:

1. An introductory part that contains the following data:

  • On the place of consideration of the case;
  • The judge who leads him;
  • About participants in the process;
  • Requisites of the case (number).

2. Describe the circumstances of the case in question, which need to be explained or clarified.

3. To state the most intelligible and understandable essence of the appeal.

4. If necessary, draw up a list of attached documents.

Consideration of documents and decision making

Citizens apply with a petition usually for the purpose of observing and securing their legitimate rights and interests. It is better to make this document in duplicate or make a copy. The original is sent to the appropriate authorities, and on the copy you can ask to put the date of reception and the signature of the person accepting the document. This way of reinsurance will not be superfluous. He will allow himself to be insured against possible loss of documents. Consideration of the application must be in strict accordance with the established procedure. If we talk about the courts, then in accordance with the law "On the enforcement of production", it looks like this:

  1. The application shall be handed over within three days to the person to whom the document was submitted. If he is not competent or has no actual authority to resolve the matter, he must also return the documents within three days.
  2. There are 10 days for consideration of the appeal. After this period, an appropriate decision must be made.
  3. The applicant must be notified of the result no later than 1 day after the final decision has been taken.

In principle, the procedure for considering applications is very similar to dealing with citizens. The time that is allocated to an official to familiarize himself with the problem and make a competent decision is strictly regulated.

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