Often in life, a person needs to defend their interests or defend themselves against unfounded accusations. The legislation of the Russian Federation provides for the possibility, within the legal framework, to resolve all kinds of conflicts and disputes.
The main goals and objectives of the trial
How to win the court? For human rights, provided for by the Constitution of the Russian Federation, Art. 46, every citizen has the right to rely on judicial protection. However, first you need to determine the purpose and primary tasks facing the defendant or plaintiff. In the event that the intended goal is utopian and its implementation is impossible, the trial will become an empty routine, taking time and effort from all participants in the process.
At the same time, the goal cannot be simply victory. It is necessary to correctly imagine what to do if you win a court, to be aware of all the consequences arising from this. Therefore, before thinking through a strategy or developing an action plan, it is necessary to clearly and clearly understand why all this is being done - this is the goal.
The importance of preventive measures
Before you go for justice to the temple of Themis, it is worth paying special attention to a number of significant points, namely:
- carry out preliminary preparation, including objectively answering the question of whether it is possible to win a court if there are existing motives, what weaknesses or deficiencies in the legal justification exist;
- to study the features of practical actions and the arguments provided by the participants, as well as the final court decisions on similar cases;
- find out what rights and responsibilities each of the parties participating in the judicial debate has;
- Be sure to familiarize yourself with the laws and regulations relating to the case, the procedure for legal proceedings, and the requirements for procedural documents.
General recommendations
In order for the trial to be won, careful preparation and the presence of compelling evidence are necessary.
First you need to study all available materials on the case, consider the facts provided, mark or copy significant information. Such a measure allows you to more effectively prepare for the court session, if necessary, draw up an appeal and / or other complaint.
In addition, it is necessary to conduct an analysis of the situation in advance, to evaluate various options for the outcome of the case. It is important to understand that the process can take a lot of time, require material and other costs.
It will be useful to get acquainted with the main regulatory procedural acts and other legal sources explaining how to win a case in court without legal assistance.
The validity of court decisions
The outcome of the trial is influenced by a large number of circumstances. In addition to the most important elements, such as the presence of motives and evidence, an essential role is played by the personalities of the participants, the level of qualification of the judges, the preparation and erudition of the defense, and much more.
The actions of the justice authority are strictly regulated at the legislative level. Any court decision pursuant to Art. 196 part 1 of the Civil Procedure Code of the Russian Federation, is adopted only if there is evidence presented at the meeting. The legal assessment of the situation and the final decision depend on how convincing and weighty the arguments are.
In order to win the court, it is important not only to document the circumstances, but also to competently defend one’s position, relying on confirmed information and information established by authorized persons. An active belief in the validity of the evidence presented increases the likelihood of a positive outcome.
Practical tips
How should a citizen behave in a process? How to win a court with competent staging? How to protect your rights? In order to answer all these questions, it is not enough to have a legal education. Basically, the most effective decisions are made based on the experience and practice of litigation:
- In the course of a court case, you can’t get personal. Any objection or disagreement with the opponent’s statements should be brief and to the point. The tense atmosphere, charged with negative emotions, interferes with an objective assessment of the facts presented and can negatively affect the outcome of the case.
- All materials submitted to the court must be executed in accordance with the requirements specified in the procedural code. The more detailed and clear the explanations, the most important logical chains, the more accurately and brighter the motions are grounded, the easier it is for the court to understand the essence of the circumstances described and make the right decision. As evidence, photographs, calculations, schematic calculations, and other technical and practical materials that are directly relevant to the case can be used.
- Another important piece of advice on how to win a trial is to keep a record of the trial. This moment has a significant role in any listening. Fixing all stages of the procedural actions (using technical devices or in writing) helps to better compare the chronology of important points, analyze strengths and weaknesses, and better prepare for the next meeting.
Representation in court
Winning a court with or without a lawyer is real. According to the law, the protection of the interests of the principal during the trial can be represented by any competent person who has Russian citizenship.
Based on Art. 53 of the Civil Procedure Code of the Russian Federation, in order for a delegate to speak in court, a number of requirements must be observed:
- the representative must have a notarized power of attorney (in the absence of a principal);
- when the defendant is present in person in court, a written or oral statement about the functions assigned to the representative is required from him (the information is recorded in the minutes of the court session).
However, before blaming any person, representing him at the process as a defender of his interests, it is important to objectively assess his capabilities. People who are in one way or another connected with legal proceedings cope best with the tasks set. And it can also be persons who previously practiced legal services, representatives of the deputy corps, state services, court correspondents, retired military.
Self Defense Preparation
It’s quite difficult for a person who is far from legal topics to imagine that you can deal with the protection of your rights and interests personally, without the help of outsiders or authorized persons. Of course, the practitioner better understands and understands all the procedural nuances and will be able to quickly prepare the necessary material for the meeting. And yet, how to win a trial without a lawyer? Is it possible?
To begin with, if a citizen has decided to independently appear in court, it is necessary to acquire legal literature. The main sources of legal information required to prepare for any legal process include:
- “Commentary on the Civil Code of the Russian Federation”, where articles are indicated and practical explanations are given to them.
- "Commentary on the Civil Procedure Code of the Russian Federation."
It is required to study well all the chapters directly related to the circumstances of the case. When reading articles or other explanatory information, it is strongly recommended to make notes or extracts.
Instructions for collecting documents
In the case when a citizen has to personally submit his position in court, it is recommended that he follow certain instructions:
- At the initial stage, put all significant and significant documents, certificates, receipts, receipts and other papers that are the rationale for the put forward position in a specially created folder.
- If possible, be present as a listener at any court hearing.
- To think over a convincing substantiation of the position represented at the process, to compare it with the opponent’s arguments.
- To study such cases, to find out if someone has won a court of a similar direction. If so, then you should analyze how the business strategy was built.
The parties to the judicial debate retain the right to change the judge in the event of unfounded bias on his part. If objections arise, the plaintiff has the right to write a statement of claim, and the defendant, in turn, can file a disagreement with the claim.
Specialist consultations
Often the most significant support, allowing you to become more confident in your abilities, is provided by practicing lawyers and lawyers. Of course, personal meetings in the specialist’s office are not very cheap.
But today, in order to get an answer to a question, it is not necessary to go or go somewhere. It is enough to register on the Internet at a specific thematic forum, and on-line ask your questions and even receive free recommendations from legal experts.
Communication on the forum will be enough to clarify the general points of the proceedings, to analyze problematic situations, as well as gain some practical experience.
Indirect factors affecting the outcome of a case
The decision of the judge can be influenced not only by direct circumstances - motives, evidence - but also by indirect factors. At meetings, a citizen should feel calm and free. For those who have no experience in public speaking, it is recommended to conduct a rehearsal of protective speech at home in front of a mirror or a small circle of people.
Particular attention should be paid to pronunciation and voice production - it should sound confident, but without bright emotional outbursts, and also loud so that no one has to listen. Confident tone and intelligible, short speech in essence will always be a plus. The judge, like any other person, pays attention to the behavior, speech of the speaker. Therefore, this aspect must also be considered.
Bank Courts
Loan arrears are not uncommon. What actions should be expected from the financial institution and how to win a court with a bank? If there is even a small debt on payments, the bank employees will regularly call the borrower and warn about the consequences. In order not to aggravate the situation, the debtor must adhere to certain rules:
- Do not avoid communication with bank employees;
- respond to legal notices;
- fill out a request for restructuring of the loan (give a number of good reasons for the impossibility of timely payments);
- to deposit some (small) amount into the debt account.
Most often, banks try to resolve issues with delay without involving a court. However, if defaults are recorded for more than six months and the loan amount is not small, financial institutions are entitled to file a lawsuit in court.
Bank loan solutions
What are the credit solutions? Is it possible to win a court against a bank? Every borrower who has problems repaying a loan needs to know his rights. According to the law, any payer has the right to take the following steps in court to ease the debt burden:
- write a statement on the abolition of illegal commissions and the return of previously paid;
- terminate the insurance contract, while demanding the return of the premium;
- based on Art. 333 of the Civil Code of the Russian Federation to request a reduction in the amount of the penalty.
In practice, subject to all of the above measures, it is possible to reduce loan debt by 25-30%.
Opportunity to win a court on your own
Won credit courts are not so common. Basically, these are small loans issued with obvious violations on the part of bank employees. In this case, such a loan agreement is recognized as unlawful. However, most banks approach the legal side of the issue quite seriously, so it will be necessary to pay the debt.
There is still a real chance to win a trial with a financial institution. In some situations, it makes sense to write a statement of late claims. To date, the lender has the right to file a lawsuit with the court within three years from the date of termination of the loan agreement. These deadlines, for the most part, are respected by banks. Therefore, the opportunity to appeal by the inaction of a credit institution is provided infrequently.