The statement of claim the guardianship authority

Examination of Civil Procedure (2008)


Problem number 1


The statement of claim the guardianship authority on the deprivation of parental rights Serov against daughter Irina (10 years) the guardianship authority named by the plaintiff, the mother Irina - co-plaintiff. Serov - defendant. The statement contained a request for interrogation as a witness Irina.

It is determined the procedural position of the parties? Identify all stakeholders.


Problem number 2


Grigoriev asked the court for a divorce with Bozhko. The statement of claim, he indicated that his reasons for appeal - the infidelity of the defendant. During his service in the armed forces it has entered into cohabitation with another man, which now has a son at the age of one year. Against divorce, she does not mind.

The judge refused to accept the claim, stating that the plaintiff must apply to the registry office, as the spouses do not have common minor children, and both are willing to consent to a divorce.

Justified whether the court decision? Determine the jurisdiction of the dispute. Justify your answer referring to the substantive, procedural law, judicial practice.


Problem number 3


The decision of the district court of August 20 suit of the organization without the eviction of premises Kachanova and his family. August 31 the prosecutor has brought the appeal submission, considering that the court had no right to hear the case without bringing to participate in the case prosecutor. The prosecutor was accepted and the next day sent the case file to the court of cassation. However, at the hearing of the cassation court prosecutor said the recall performance.

The cassation instance ceased its ruling the appeal proceedings, since the decision of the trial court was not appealed by others.

On September 10, the district court received a petition for relief Kachanova of cassation appeal the court decision. In support of a good reason skip limitation period he was referring to the fact that the appeal proceedings were brought by the prosecutor, and therefore the supply of the appeal considered excessive.

Are the actions of the district judge and the court of cassation?

The prosecutor was entitled to bring an idea to appeal the court's decision? Subject to the satisfaction of the petition whether Kachanova?