Quyền khiếu nại của cơ quan, tổ chức, cá nhân; Quyền tố cáo của cá nhân trong tố tụng dân sự !!
KHIẾU NẠI
Quyền khiếu nại của cơ quan, tổ chức, cá nhân
Khi những hành vi, quyết định của cơ quan tiến hành tố tụng, người tiến hành tố tụng hoặc của bất cứ cơ quan, tổ chức, cá nhân nào trong hoạt động tố tụng dân sự mà trái pháp luật, xâm phạm đến quyền và lợi ích hợp pháp của mình thì cơ quan, tổ chức, cá nhân đó có quyền khiếu nại;
Người khiếu nại có các quyền cụ thể sau:
Tự mình hoặc thông qua người đại diện hợp pháp khiếu nại;
Khiếu nại trong bất kỳ giai đoạn nào của quá trình giải quyết vụ án;
Rút khiếu nại trong bất kỳ giai đoạn nào của quá trình giải quyết khiếu nại;
Được nhận văn bản trả lời về việc thụ lý để giải quyết khiếu nại; nhận quyết định giải quyết khiếu nại;
Được khôi phục quyền và lợi ích hợp pháp đã bị xâm phạm, được bồi thường thiệt hại theo quy định của pháp luật.
Quyết định, hành vi trong tố tụng có thể bị khiếu nại
Quyết định, hành vi tố tụng bị khiếu nại là quyết định, hành vi của cơ quan, người tiến hành tố tụng ban hành, thực hiện trái pháp luật, xâm phạm đến quyền và lợi ích của cá nhân, cơ quan, tổ chức.
Thời hiệu khiếu nại
Thời hiệu khiếu nại là 15 ngày, kể từ ngày người khiếu nại nhận được hoặc biết được quyết định, hành vi tố tụng mà người đó cho rằng có vi phạm pháp luật.
Trường hợp có sự kiện bất khả kháng hoặc trở ngại khách quan mà người khiếu nại không thực hiện được quyền khiếu nại theo đúng thời hạn quy định thì thời gian có sự kiện bất khả kháng hoặc trở ngại khách quan đó không tính vào thời hiệu khiếu nại.
Hình thức khiếu nại
Việc khiếu nại phải được thực hiện bằng đơn. Trong đơn khiếu nại phải ghi rõ ngày, tháng, năm; họ, tên, địa chỉ của người khiếu nại; nội dung, lý do khiếu nại, yêu cầu của người khiếu nại, có chữ ký hoặc điểm chỉ của người khiếu nại.
Thẩm quyền giải quyết khiếu nại
Chánh án Tòa án đang giải quyết vụ việc dân sự có thẩm quyền giải quyết khiếu nại đối với quyết định, hành vi của người tiến hành tố tụng là Thẩm phán, Phó Chánh án, Thẩm tra viên, Thư ký Tòa án, Hội thẩm nhân dân.
Chánh án Tòa án trên một cấp trực tiếp có thẩm quyền giải quyết đối với khiếu nại quyết định, hành vi tố tụng của Chánh án Tòa án cấp dưới.
Viện trưởng Viện kiểm sát giải quyết khiếu nại quyết định, hành vi của người tiến hành tố tụng là Kiểm sát viên, Kiểm tra viên, Phó Viện trưởng Viện kiểm sát.
Viện trưởng Viện kiểm sát cấp trên trực tiếp có thẩm quyền giải quyết đối với khiếu nại quyết định, hành vi tố tụng của Viện trưởng Viện kiểm sát cấp dưới.
Chánh án Tòa án trên một cấp trực tiếp, Viện trưởng Viện kiểm sát cấp trên trực tiếp giải quyết khiếu nại quyết định giải quyết khiếu nại lần đầu của Chánh án Tòa án, Viện trưởng Viện kiểm sát cấp dưới.
Thời hạn giải quyết khiếu nại
Thời hạn giải quyết khiếu nại lần đầu là 15 ngày, kể từ ngày Tòa án, Viện kiểm sát nhận được khiếu nại. Trường hợp cần thiết, đối với vụ việc có tính chất phức tạp thì thời hạn giải quyết khiếu nại có thể được kéo dài nhưng không quá 15 ngày, kể từ ngày hết thời hạn giải quyết khiếu nại.
Thủ tục giải quyết khiếu nại lần hai
Trong thời hạn 05 ngày làm việc, kể từ ngày người khiếu nại nhận được quyết định giải quyết khiếu nại lần đầu, nếu không đồng ý với quyết định đó thì có quyền khiếu nại đến người có thẩm quyền giải quyết khiếu nại lần hai.
Đơn khiếu nại phải kèm theo bản sao quyết định giải quyết khiếu nại lần đầu và các tài liệu kèm theo. Đơn khiếu nại phải ghi rõ ngày, tháng năm làm đơn; họ, tên, địa chỉ của người khiếu nại; nội dung, lý do khiếu nại; có chữ ký hoặc điểm chỉ của người khiếu nại.
TỐ CÁO
Quyền tố cáo trong tố tụng dân sự
Cá nhân có quyền tố cáo với cơ quan, tổ chức, cá nhân có thẩm quyền về hành vi vi phạm pháp luật của người có thẩm quyền tiến hành tố tụng gây thiệt hại hoặc đe dọa gây thiệt hại đến lợi ích của Nhà nước, quyển và lợi ích hợp pháp của cơ quan, tổ chức, cá nhân.
Người tố cáo có các quyền cụ thể sau:
Gửi đơn hoặc trực tiếp tố cáo với cơ quan, tổ chức, cá nhân có thẩm quyền;
Yêu cầu giữ bí mật họ, tên, địa chỉ, bút tích của mình;
Yêu cầu được thông báo kết quả giải quyết tố cáo;
Yêu cầu cơ quan, tổ chức, cá nhân có thẩm quyền bảo vệ khi bị đe dọa, trù dập, trả thù.
Thẩm quyền và thời hạn giải quyết tố cáo
Tố cáo hành vi vi phạm pháp luật của người có thẩm quyền tiến hành tố tụng thuộc cơ quan có thẩm quyền nào thì người đứng đầu cơ quan đó có trách nhiệm giải quyết.
Trường hợp người bị tố cáo là Chánh án, Phó Chánh án Tòa án, Viện trưởng, Phó Viện trưởng Viện kiểm sát thì Chánh án Tòa án trên một cấp trực tiếp, Viện trưởng Viện kiểm sát cấp trên trực tiếp có trách nhiệm giải quyết.
Thời hạn giải quyết tố cáo
Thời hạn giải quyết tố cáo là không quá 02 tháng, kể từ ngày thụ lý; đối với vụ việc phức tạp thì thời hạn giải quyết tố cáo có thể dài hơn, nhưng không quá 03 tháng.
Tố cáo về hành vi vi phạm pháp luật có dấu hiệu tội phạm được giải quyết theo quy định của Bộ luật tố tụng hình sự.
Trình tự giải quyết tố cáo
Trình tự giải quyết tố cáo được thực hiện theo trình tự sau đây:
Tiếp nhận, xử lý thông tin tố cáo -> Xác minh nội dung tố cáo -> Kết luận nội dung tố cáo -> Xử lý tố cáo của người giải quyết tố cáo ->Công khai kết luận nội dung tố cáo, quyết định xử lý hành vi vi phạm bị tố cáo.
Dịch vụ pháp lý của Văn phòng Luật sư Thái Minh trong khiếu nại, tố cáo
1/ Tư vấn pháp luật khiếu nại, tố cáo trong tố tụng dân sự cho khách hàng
2/ Tư vấn, hướng dẫn khách hàng chuẩn bị hồ sơ khiếu nại
3/ Tư vấn, hướng dẫn, soạn thảo đơn khiếu nại và các văn bản khác trong suốt quá trình giải quyết
4/ Tham gia khiếu nại với tư cách là luật sư bảo vệ hoặc người đại diện hợp pháp cho khách hàng.
5/ Các dịch vụ pháp lý khác theo yêu cầu của khác hàng trong phạm vi quy định pháp luật.
VĂN PHÒNG LUẬT SƯ THÁI MINH
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Utilizing ideas launched by Steinhardt and Vilenkin, Andrei Linde printed an alternative model of inflation in 1986 which used these ideas to supply a detailed description of what has turn out to be identified as the Chaotic Inflation theory or eternal inflation.
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She was preceded in loss of life by her husband, Frank Mendel.
Another factor to do to assist keep the muddle from piling up in your house is to take away any seasonal gadgets, home office equipment, furniture, and antiques you don’t use on a regular basis.
Hughes was captivated with wildlife, especially fish.
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Instead, a back-end load may be charged if the shares purchased are sold within a given time frame.
The airport needed to expand and construct more fashionable terminals and other services; the unique Terminal A was expanded and renovated.
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It is also useful to be taught the psychology behind dog coaching, together with timing, rewards, and corrections.
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However, there are a number of down sides.
Black chooses to surrender his a-pawn for White’s h-pawn, which is able to give him a difficult place to defend.
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Members are elected for 4-year staggered terms, with commissioners from wards 1 and three elected at the identical time, and commissioners from ward 2 two years later.
To buy and sell these stocks traders apply different strategies and indicators to close the deal in benefit.
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Most shredders have a removable waste basket.
Still, we can say that, “no achhey din are going on for farmers or rural community”.
Stroll one block to the primary small road and turn proper.
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Both styles emerged from subcultures and have turn out to be symbols of rebellion and self-expression.
That means a high degree of physical and cybersecurity, as well as a carefully monitored interior environment that strives to maintain a temperature of 70 degrees F (21 degrees C) with 50 percent relative humidity, which scientists and art conservators have determined is ideal for preserving artwork.
Houses on this space sustained mainly roof, gutter, and siding damage, though one home had a large part of its roof torn off.
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A considerable investment is needed from the beginning, especially if entrepreneurs open up a physical business and they have to establish an office, hire personnel and have enough finance for annual costs.
It’s pretty self-evident that you simply can’t achieve goals if you’re not clear about what they’re.
Lauritzen: “Victor A Lauritzen.-His house, Wilbur, WA.
They can even do a San Diego bail bonds companies cellphone evaluation or, when you favor, they may come to the jail the place you are detained for a complete discussion of what it would take to get you out of that predicament.
It might probably, and it’s actually pretty straightforward to have an engine oil analysis completed for your car.
Typically only exchange members can connect directly to an exchange, which means that a sell-side OMS usually has exchange connectivity, whereas buy-side an OMS is concerned with connecting to sell-side firms.
With this in mind, he can never afford to over leverage.
Assume that there are two consumption bundles A and B every containing two commodities x and y.
Suppliers must prove they are secure and trustworthy.
Both grants and scholarships can come from public or private sources.
Since the start of the 2010-11 season, Trapp grew to become the club’s second goalkeeper for the side and was featured on the substitute bench.
One of the best part about these dolls was the truth that they actually smelled like the desserts and fruits after which they were named.
When exchange rates appreciate or depreciate, significant, difficult-to-predict changes in the value of the foreign currency can occur.
It wasn’t until 1809 that People had an actual description and drawing of St.
The bank is the custodian of the M/F and except of the custody of the fund also controls the lawfulness of all movements of the management company.
Most of the more than a thousand phrases it defines are comparatively ineffective gadgets like names given to residents of this town or that region, phrases clearly tailored from the German, and the like, however once in a while this volume will save you some puzzlement.
But there’s another sense in which it does have a degree of independence and that is that the Treasury conducts its analysis without government interference.
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Created the Lebanon County Gleaning Community, which coordinates with local growers to distribute excess fruit and vegetable harvests to needy individuals and families.
And that’s not counting the tainted reputation and lost sales that can be tough to monetize.
Although CPU mining takes more time than GPU mining, it is a cost-effective solution.
In such a scenario, thunderstorms moving across the ridge of a high-strain space feed off of both the heat, humid air of the high-stress region and the adjoining jet stream winds, inflicting quickly-intensifying, unpredictable storms.
An airport can’t exist in isolation.
U.S.A. An eloquent plea for the recognition of pure legal guidelines within the symbiosis of soil and civilization.
The windows of Reims Cathedral (1240-1245) depicted the apostles atop edicules depicting the churches and bishops of Champagne.
With their intensive years of experiences, they can truly give you unique decor designs, memorable company occasions in addition to unique meeting constructions.
Indemnity care plans are solely catastrophic in nature, while managed care plans aren’t.
Cllr Mark Mather, who is a tenant farmer and represents the Wooler ward for the Conservative Celebration on Northumberland County Council, was also present.
The fate of Latin America’s left flip has been intently associated with the commodities increase (or supercycle) of the 2000s, largely as a result of rising demand from emerging markets, notably China.
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Choose equipment to foster an American country perspective: patchwork quilts to grasp as artwork, baskets, hand-carved toys, tinware, and chunky creamware pitchers and bowls.
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Gifts can be compiled from the bride’s gift registry or go with the theme of the shower.
Geiger, Felix (2011), Geiger, Felix (ed.), “The theory of the Time period Structure of Curiosity Charges”, The Yield Curve and Monetary Threat Premia: Implications for Financial Policy, Lecture Notes in Economics and Mathematical Systems, Berlin, Heidelberg: Springer, pp.
If gamers have been going to solve issues, they wanted to have the ability to make some informed guesses about how those issues labored.
It might even be achieved by balancing contemporary and conventional elements in eclectic trend.
Just think of all the useful or enjoyable things you could do with those hours-or all the calories you could burn through more physical activities — instead.
The Intergovernmental Panel on Local weather Change (IPCC) assessment framework relies on the understanding that local weather risk emerges from the interplay of three danger factors: hazards, vulnerability and publicity.
I took each team in turn and added up the present league position of each side they’ve performed this season, divided by the number of video games performed.
The 27th International Passive Home Convention shall be held in April 2024 in Innsbruck in Austria!
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In fact, there are now more than 4,039 miles (6,500 kilometers) of CO2 pipelines distributed across Africa, Australia, the Middle East and North America.
When this transfer was made, a quantity of people went over to the desk to begin watching the sport.
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When the demand of specific currency is increased the foreign money alternate fee also will increase.
There have been a number of local controversies over the issue.
There was plenty of blood on the scene, and some folks used towels to cease the kids’s bleeding.
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With farmers taking to the streets and making headlines throughout Europe, national governments and EU establishments are speeding to make concessions to appease them.
If your house needs a new roof, you won’t see a return on it for a while because people expect the roof in a house they’re buying to be in good shape.
An act of kindness from an unknown individual additional fuels his willpower, ending the episode with a light-hearted try at sit-ups, which humorously contrasts the intense confrontations earlier.
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Apart from this, he also helped in panning various sorts of occasions, augmenting the interior expertise and skills of the residents.
Constance Irene Downes, currently Education Officer, Coventry Cathedral.
That means that the debt ceiling, right after the election, is going to have to be increased again.
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Feasibility studies are a combination of a market study and financial analysis used to determine if it is financially feasible to develop a proposed property.
By examining the person playing cards and their meanings, you can achieve worthwhile insights into the potential of your new romance and make informed selections about its future.
In case you full an immersive distant internship and have a genuine interest in the world or place, you might all the time return to that area at a later point to observe up on the work you probably did or to witness these essential projects in motion.
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Yellow Pages began in 1999 and is still functioning, but it is getting away from printing physical phone books.
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Portfolio management improves communication, danger administration, and determination making by offering a complete overview of all tasks.
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Women are a growing market for the Swedish auto maker.
Anyone can get into Forex buying and selling nowadays.
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The quest for Exegol ended in defeat for Exim; after Kiza was killed and he took full management of her physique, Luke destroyed his mask earlier than it might declare him as its vessel, ending the risk of Exim as soon as and for all.
Why does this method pay again so richly?
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1894), pp. Falcon, the European imports appeared to go away almost totally.
Change in open interest serves as one of the key indicators to analyze the market sentiment and helps identify strengths.
Non-League Day offers a platform for non-league clubs to take advantage of the worldwide break in fixtures and draw in followers from Premier League and Football League clubs that have no fixtures.
The downsides: You may must have respectable computer expertise; it takes time to learn to make use of the packages; and your studio is barely portable if your laptop is a laptop.
Dr Sujeet Shenoi began a recruiting campaign, promising the applicants who chose the College of Tulsa over more competitive institutions, that he would design a curriculum involving them in research, educate special programs, and provides them as much one-on-one attention he may give.
An instance is by offering strong-waste classification, allowing visitors and native residents alike to see how it is possible to cut back the amount that goes to landfills by simply the separation and correct disposal of waste.
Not to forget the short-term tax rates and the opportunity cost of missing out on the good investments.
Because it stands, electric dryers are responsible for five to 10 p.c of a house’s electricity utilization.
Microsoft, for example, offers a host of professional IT certifications, many of them tied to specific Microsoft products.
Consolidation also seen in lot of top line stocks including the bullish banking and cement sector stocks.
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However the best leaders as a substitute breed hope.
2. an oil inventory; consider nicely-diversified oil and gas producers.
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This care setting offers an intermediate level of care for residents who can not safely dwell independently, however don’t but need round-the-clock skilled nursing providers like those offered in a nursing home.
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As of this writing, the second edition of Ok&R, initially printed in 1988, is still broadly accessible.
Incarceration is something you often don’t make preparations for coping with.
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Burt’s Bees elevated manufacturing in 1989, after a new York City boutique, Zona, ordered hundreds of their beeswax candles.
A further extension at Richard-Wagner-Straße and Hinterkirchstraße to Zähringen couldn’t be applied.
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Only wines from native grapes qualify.
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Colleges comparable to McKeesport Area High school, Aliquippa, Allderdice, Beaver Falls, Brashear, Central Catholic, Jeannette, Clairton, Hopewell, Perry, Pine-Richland, North Allegheny, Woodland Hills and Gateway have all been consistent contenders for WPIAL and City League championships and even PIAA championships.
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Having technical evaluation based plan also yields good ends in commodity buying and selling.
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Every piece and pawn of Black’s is defended, leaving White’s queen with nothing to do.
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Whereas the banknotes are similar in all member nations, the coins have a standard design on one facet and a country-specific design on the other.
If you aren’t an experienced trader, you may not be able to use these strategies.
Also, residential housing has generally been a capital growth strategy and less one that produces income; however, with a growing renter class that scenario has become more attractive.
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Provo and Ogden both ranked high in The Daily Beast’s 2011 rankings of cities that are the best places for “starting over” because of their relatively low cost of living and ample job opportunities.
ETF shares are bought and sold in the secondary market just as shares of common stock are.
Multi-family house – Often seen in multi-story detached buildings, where each floor is a separate apartment or unit.
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The Port Authority’s Guy Tozzoli chosen the ultimate staff and managed the entire design and development course of; the chief architect on the challenge, Minoru Yamasaki, came up with the twin towers concept, in addition to the essential layout for the remainder of the complicated; structural engineers Leslie Robertson and John Skilling found out how you can make the towers stand up.
Historically, early stock market bubbles and crashes have their roots in financial activities of the 17th-century Dutch Republic, the birthplace of the first formal (official) stock exchange and market in history.
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Milken Institute ranked Nashville as the seventh best performing city in the United States based mostly on economic, social and communal components on an area and nationwide scale.
Medicare became America’s first federal medical health insurance program when it was signed into law on July 30, 1965.
Similar to their wedding ceremony, the bride groom outfit can be colorful so as to add to the pomp of the celebrations.
An investing approach “Commodity Trading” contains the buying and selling of commodities.
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