The application is oral or written request of the plaintiff, defendant, third party, their representatives in the civil proceedings in a court in criminal proceedings.
The request is transmitted to the court that takes an informed decision on its satisfaction, the refusal to satisfy.
Petition is called a written, oralrequest of the parties, representatives of the parties in civil proceedings, as well as the suspect, the defense counsel, the accused, the victim, other participants in criminal proceedings. The request is in the manufacture of certain investigative or procedural actions, the adoption of procedural decisions. In a civil case the application may be submitted to the court, in any criminal proceedings - investigator, the court. The aim of the application is usually the establishment of any information, circumstances that are of direct importance for competent, timely and full consideration of the case.
Where enshrines the right to a statement of petitions?
Rights enshrined in the declaration of petitionsprocedural legislation. In the Russian Federation Code of Criminal Procedure Chapter 15 petition settled, which contains a detailed description of all aspects that are directly related with this legal institution. Civil procedural law does not regulate in detail the application, limited to an indication of the presence of the respective rights of the parties in the process. The list of persons authorized to application requests when adjudicating civil cases, is much narrower than in criminal proceedings.
What happens after a motion?
After a motion in the civil,criminal trial judge, other officer, for the consideration to which the request is received, shall adopt a reasoned decision. In the judiciary, such decisions are made in the form of definitions, and at the direction of the requests to the investigator, the inquirer should expect a ruling. In these acts fixed the decision to approve the stated request or refusal to satisfy it, be sure to specify reasons for a decision. Usually the application of any party to a civil proceeding is allowed by the court immediately after the presentation, in the criminal proceedings is given three days to make appropriate decisions. A positive decision on the application is accepted only in the case where the court considers that the commission of certain acts, the decision really contribute to the observance of the rights of parties to the process, provide legal adoption of the final decision.