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Yezhov went to court with a lawsuit to Shcherbina (2013)

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Uploaded: 25.11.2013
Content: 1339.zip 32,11 kB

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Theme 13. Target 16

Yezhov filed a lawsuit against the city administration Shcherbina, and the inclusion of the dwelling, the remaining after the death of his mother in her succession mass.
The petition Yezhov said that his mother was on the social contract of hiring one of the rooms in a communal apartment. Employer is another room Shcherbina. Shortly before the death of his mother in the city administration filed an application for the privatization of the room occupied by her, but finally formalized the privatization was not because of her death.
The judge left the claim without movement, pointed out that it can not be accepted completely, because: firstly, it has not attached documents confirming the mother's opinion of Yezhov on the privatization of the room, as well as the fact that Yezhov did not really have a son; secondly, the statement Yezhov paid state fee of 1/10 of the minimum wage, while it is subject to payment of a fee based on the market value of the room.
Are there grounds for leaving the statement of claim without movement?
What evidence in support of its claim Yezhov should be attached to the statement of claim?

Theme 14. Task 21

Can a judge in preparing the case for trial proceed as follows: a) send to the Head of the Department of Internal Affairs of the definition of forced drive of the witness;
b) leave the claim without movement on the grounds provided for Article 136 of the CPC, and c) to suspend the proceedings; d) to question witnesses in the case;
d) replace the inadequate respondent; e) to involve in the second defendant (respondent); f) the involvement of the co-plaintiffs in the case; h) appoint examination (option: to appoint a second examination); and) send a letter rogatory to the other court.

Subject 19. Task 22

Citizen K., not having the status of an individual entrepreneur, filed a statement challenging the order of the Ministry of Taxes and Levies of the Russian Federation, which establishes the procedure for registration as an individual entrepreneur and requirements to submit documents.
Oktyabrsky district court of Yekaterinburg refused to accept the application, stating in determining that the requirements are not subject to review K. in civil proceedings, as in accordance with the provisions of Article 138 of the Tax Code as a court competent to consider these cases, explicitly called Court of Arbitration .
The Arbitration Court of Sverdlovsk Region left the claim without movement K. pointing out that it is necessary to issue its own requirements on the application form, as the case challenging the normative legal act can only be considered in the order st.191-196 agriculture, which are in the "Manufacturing cases arising from administrative and other public relations "
Is courts did?
Rate the correct arguments ships and sufficient legal basis underlying the definitions made by them.

Additional information

Subject 25. Task 22

Indicate which of the following cases and under what conditions can turn execution of a judgment:
a) the decision of the magistrate is satisfied a claim for recovery of maintenance for the child. The decision of the District Court dismissed the claim;
b) the definition of the supervisory authority revoked the decision of the district for the recovery of the loan amount due spuriousness promissory note;
c) determination of the District Court quashed the decision of the judge for the recovery of earnings for the execution of lower-paid work because of nolle prosequi;
d) the decision of the magistrate to collect the debts of debentures on September 1, 1995. in the amount of 30 thousand. rub. The decision of the district court on appeal the decision of the respondent judge revoked, dismissed the claim due to lack of valid reasons the plaintiff passes the statute of limitations;
d) the decision of the District Court satisfied the claim for reinstatement. The definition of the supervisory instance court reversed the decision because of a material breach of the substantive law, dismissed the claim.

Theme 13. Problem 24. The statement of claim

Court decision in favor of a Maltsev Sverdlovsk Railway recovered USD 70 thousand. rub. in compensation for property damage. Pursuant to the decision of the court trial pristav- singer has made an inventory of the property in the community Maltsev. The list got a set of upholstered furniture "Madonna", TV "Samsung" and washing machine "Vyatka". Wife Maltsev asked the court to release the said property from seizure (exclusion from the inventory), indicating that the disputed property was prioretit it until marriage to Maltsev.

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