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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