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Hello! I am pleased to welcome you to the personal website of private lawyer Sergei Pavlovich Mashenkov.
I have been providing legal services for more than 9 years.
My main rule when providing legal services is not just participation in litigation, but also the desire to win every case in which I participate. At the same time, as a lawyer, I do not distinguish between significant and insignificant cases, because for the Principal, every case is important. I provide a full range of legal services: legal advice, representation of the interests of clients in litigation, drafting legal documents of any complexity, examination of contracts, and also provide legal support services for the activities of organizations. By applying for legal assistance, you are guaranteed to receive an individual approach to the study of each case, confidentiality of the information provided, as well as a professional attitude towards the work performed. You can find a specific list of legal services provided in the relevant sections of the site. With respect and hope for mutually beneficial cooperation!
On the site you can find a lot of useful information, in particular:
- the section SAMPLES OF CONTRACTS contains - FORM OF AGREEMENT, EXAMPLE OF AGREEMENT, TEMPLATE OF AGREEMENT, TEXT OF AGREEMENT, FORM OF AGREEMENT, DRAFT AN AGREEMENT;
- the section SAMPLES OF CLAIM contains - CLAIM FORM, EXAMPLE CLAIM, CLAIM TEMPLATE, TEXT OF CLAIM, CLAIM FORM, COMPLETE A CLAIM;
— in the section SAMPLES OF CLAIM STATEMENTS there is a FORM OF CLAIM STATEMENT, EXAMPLE OF A STATEMENT OF CLAIM; TEXT OF THE CLAIM; CLAIM TEMPLATE, CLAIM FORM, COMPLETE A CLAIM STATEMENT;
- in the section SAMPLES OF COMPLAINTS - contains the COMPLAINT FORM, EXAMPLE OF COMPLAINT, COMPLAINT TEMPLATE, TEXT OF THE COMPLAINT, COMPLAINT BANK, COMPLETE A COMPLAINT;
- in the ADDITIONAL AGREEMENTS section - contains an ADDITIONAL AGREEMENT FORM, A SAMPLE ADDITIONAL AGREEMENT, THE TEXT OF AN ADDITIONAL AGREEMENT TO THE AGREEMENT, AN EXAMPLE OF AN ADDITIONAL AGREEMENT, AN ADDITIONAL AGREEMENT TEMPLATE, AN ADDITIONAL AGREEMENT FORM, COMPLETE AN ADDITIONAL AGREEMENT DISCLOSURE;
- in the JOB DESCRIPTIONS section - contains the JOB DESCRIPTION FORM, JOB DESCRIPTION TEMPLATE, JOB DESCRIPTION TEXT, JOB DESCRIPTION EXAMPLE, JOB DESCRIPTION FORM;
— IN THE SECTION SAMPLES OF POWER OF ATTORNEYS — CONTAINS FORM OF POWER OFFER, TEMPLATE OF POWER OF ATTORNEY, EXAMPLE OF POWER OFFER, FORM OF POWER OFFER, TEXT OF POWER OFFER.
I provide legal services in the following areas of law: - Divorce, including determining the place of residence of children and the procedure for communication with them by a parent living separately. Collection of alimony for children until they reach the age of majority and for a spouse until the child reaches the age of three. Drawing up a marriage contract. — Legal advice on labor law. Resolution of labor disputes.
— Development of documents in the field of labor law: employment contract, internal labor regulations, regulations on remuneration, etc. — Consultations on the protection of consumer rights. Settlement of disputes in pre-trial order, preparation of claims, claims for the protection of consumer rights. Representation in court. — Copyrights for works of science, literature and art. Legal support when using copyrights. Copyright protection. Read more. — Legal services in land, housing and other areas of law. Representation of interests in cases of deprivation of a driver's license. Drawing up a contract and its examination, as well as other legal assistance from a lawyer.
Lawyer
Mashenkov Sergey Pavlovich
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Article 131 of the Code of Civil Procedure of the Russian Federation. Form and content of the statement of claim (current version)
1. The statement of claim is submitted to the court in writing.
2. The statement of claim must indicate:
1) the name of the court to which the application is submitted;
2) the name of the plaintiff, his place of residence or, if the plaintiff is an organization, its address, as well as the name of the representative and his address if the application is submitted by a representative;
3) information about the defendant: for a citizen - last name, first name, patronymic (if any) and place of residence, as well as date and place of birth, place of work (if known) and one of the identifiers (insurance number of an individual personal account, taxpayer identification number , series and number of an identity document, main state registration number of an individual entrepreneur, series and number of a driver’s license, series and number of a vehicle registration certificate), for an organization - name and address, as well as, if known, taxpayer identification number and main state registration number. In a citizen's statement of claim, one of the identifiers of the defendant citizen is indicated if it is known to the plaintiff;
4) what is the violation or threat of violation of the rights, freedoms or legitimate interests of the plaintiff and his demands;
5) the circumstances on which the plaintiff bases his claims and evidence confirming these circumstances;
6) the price of the claim, if it is subject to assessment, as well as the calculation of the collected or disputed amounts of money;
7) information about compliance with the pre-trial procedure for contacting the defendant, if this is established by federal law;
7.1) information about the actions taken by the party (parties) aimed at reconciliation, if such actions were taken;
list of documents attached to the application.
The application may indicate telephone numbers, fax numbers, email addresses of the plaintiff, his representative, the defendant, other information relevant to the consideration and resolution of the case, as well as the plaintiff’s requests.
3. The statement of claim brought by the prosecutor in defense of the interests of the Russian Federation, constituent entities of the Russian Federation, municipalities or in defense of the rights, freedoms and legitimate interests of an indefinite number of persons must indicate what exactly their interests are, what right is violated, and also there must be a reference to a law or other regulatory legal act that provides ways to protect these interests.
If the prosecutor appeals to protect the legitimate interests of a citizen, the application must contain a justification for the impossibility of bringing a claim by the citizen himself or an indication of the citizen’s appeal to the prosecutor.
4. The statement of claim is signed by the plaintiff or his representative if he has the authority to sign the statement and present it to the court.
A statement of claim submitted by filling out a form posted on the official website of the court on the Internet, containing a request to secure the claim, is signed with an enhanced qualified electronic signature in the manner established by the legislation of the Russian Federation.
Claim heterogeneity
The previous section stated that only similar claims can be considered in the same proceeding. However, not so long ago, changes appeared in the legislation that significantly simplified the consideration of cases. “Until the middle of last year, in the arbitration process, the basis for returning a claim was the presence of several requests to one or more defendants, provided that they are not related to each other. However, this norm is now recognized as inappropriate. Now arbitration courts have the right to connect and separate cases according to their internal convictions, based on an assessment of the relatedness of the claims.
Until the middle of last year, in the arbitration process, the basis for returning a claim was the presence of several unrelated requests in it. Now the courts have the right to connect and separate cases based on an assessment of the relatedness of the claims.
At first glance, these changes are technical in nature. However, in practice they have significant positive consequences. Article 130 of the APC has now received a complete meaning,” says lawyer, financial law specialist at the consulting firm Alexey Zaitsev.
For example, previously, when simultaneously appealing against the inaction of employees of the Federal Tax Service and declaring the refusal to reimburse a tax illegal, arbitration courts returned statements of claim, referring to paragraph 2 of Article 129 of the Code of Civil Procedure. This situation made it difficult to protect and restore taxpayers' rights. Now the courts have the opportunity to independently decide the issue of homogeneity of claims, and the practice of considering cases shows that the majority of claims in which property and non-property requests are made to the defendant are accepted by the courts.
A small adjustment to the legislation makes the work of reviewing cases easier, as it is designed to eliminate the emergence of several proceedings at the same time, united by one reason, and to prevent the risk of making conflicting court decisions. At the same time, no one cancels the presence of unifying points: the connection between the requirements must be built on the basis of the evidence that has arisen and (or) presented. The only negative point is that if you combine dissimilar requests in one claim, you will have to pay two state fees. “In both civil and arbitration courts, if you want to make claims of a property nature and invalidate the act, you will be required to pay both fees,” says lawyer Anna Anikina .
Introductory part of the statement of claim
Enter here:
- name of the court of general jurisdiction (clause 1, part 2, article 131 of the Code of Civil Procedure of the Russian Federation). Most claims, the price of which does not exceed 50,000 rubles, are filed with a magistrate. The rest - to the district court (clause 5, part 1, article 23, article 24 of the Code of Civil Procedure of the Russian Federation). As a general rule, a claim is filed in court at the place of residence or location of the defendant (Article 28 of the Code of Civil Procedure of the Russian Federation);
- information about the parties - name, place of residence (location), as well as the name and address of your representative, if he submits an application (clause 2, 3, part 2, article 131 of the Code of Civil Procedure of the Russian Federation). In addition, you must indicate contact coordinates (telephone, fax, e-mail); the price of the claim, if it is subject to assessment (clause 6, part 2, article 131 of the Code of Civil Procedure of the Russian Federation); amount of state duty.
Documents to be attached to the claim
Attach to the claim (Article 132 of the Code of Civil Procedure of the Russian Federation):
- its copies in accordance with the number of defendants and third parties;
- document confirming payment of state duty;
- a document certifying the authority of the head of your organization or its representative.
For example, this could be a power of attorney, minutes of the general meeting of LLC participants on the election of a director, or a corresponding decision of the sole participant of the LLC;
- documents confirming the circumstances on which the claims are based (with copies for defendants and third parties if they do not have such documents). Depending on the situation, these may be copies of contracts, payment orders, reconciliation acts, transfer acts, etc.;
- calculation of the amount you are collecting or challenging, with copies of the number of defendants and third parties. You or your representative must sign the settlement. Please note that the law requires that the calculation of the amount be indicated in the text of the claim and at the same time includes it among the mandatory annexes (clause 6, part 2, article 131, article 132 of the Code of Civil Procedure of the Russian Federation). Taking this into account, we believe that it is better to provide the calculation both in the text of the claim and in a separate appendix, so as not to give the court a reason to immobilize the claim on the basis of Part 1 of Art. 136 Code of Civil Procedure of the Russian Federation;
- documents that confirm compliance with the mandatory pre-trial procedure, if it is provided for by federal law or agreement. This may be a copy of the claim with confirmation of its sending to the defendant, a response to the claim (if any).
We also recommend that you attach to your claim a current extract from the Unified State Register of Legal Entities in relation to your organization.
