In the absence or in the absence - which is correct? In absence Consider the case in absence or absence

In the absence of a request from the defendant, the judge may decide to consider the case in absentia proceedings (that is, without the personal participation of the defendant). In this case, proceedings in court without the participation of the defendant are possible if he was notified of the time of the court hearing. If a third party does not appear in court, then the case is not postponed to another time, but is carried out without the participation of this participant in the trial.

If citizens are unable to attend a court hearing, then, on the basis of Article 167 of the Code of Civil Procedure of the Russian Federation, they must inform the court about this. Therefore, if the defendant or plaintiff cannot attend the court hearing for good reasons, he submits a request to consider the claim without his personal presence. Valid grounds include:

Request for consideration of the case in the absence of the plaintiff

case number;
name and location of the court;
the position of the applicant in the process, his passport details, address;
date, signature of the applicant;
essence of the dispute (optional);
the reason for failure to appear at the meeting (may not be specified);
the attitude of the applicant to his position or the position of the opponent (for example, they indicate: “I support the stated demands in full, I ask you to refuse the counterclaim”).

there are no additional costs (time, money), the court will consider the claim on the basis of the documents available in the case;
there is no need to answer questions that arise from the judge, which is good if your position is quite slippery;
Since civil disputes are often accompanied by negative emotions, you have a legal way to spare the nervous system in this way.

In the absence or in the absence - which is correct

In the Russian language, a productive way of word formation is the transition of one part of speech to another. An example would be the transformation of some nouns or their forms into adverbs, derived prepositions and prepositional combinations. At the same time, derived words do not obey the spelling rules required for the part of speech from which they are derived.

Petition for consideration of the case in absence

The organization is an interested party in a civil case brought by a prosecutor against an unspecified number of persons. The court asks, if it is impossible to appear at the court hearing, to send to the court a statement stating the position (everything is clear here) and CONSIDERATION OF THE CASE IN OUR ABSENCE. Question: Is it necessary to indicate in the application the reason for the inability to appear at the meeting? And is this application drawn up separately in the form of a petition, or can it be indicated in free form, as a postscript, in the main application?

Be sure to go to court, if you have any doubts, let the court decision be in hand, and then you will come to an agreement with your ex-husband. It is not necessary to come to Moscow to file a claim. You can send a statement of claim with documents attached by mail. Addresses of courts and details for state duties are now easy to find on court websites. The statement of claim for division of property must be accompanied by documents confirming that you were in a registered marriage. To do this, contact in person or write an application by mail to the registry office where the marriage was concluded and dissolved; you should be given extracts from the vital records. It is more difficult with a purchase and sale agreement, but you can petition the court to request documents from the traffic police at the place of registration of the car. The period for filing such a claim is 3 years, but it is counted not from the moment of divorce, but from the moment of violation of your rights. In general, an article on the division of property will soon be published in which we will describe all aspects in detail. Read it, if you have any questions, you can ask them there. In addition, the site has a lot of other useful information, see, for example, a sample claim for division of property.

How to write correctly about consideration in absence

Citizens participating in court proceedings have every right not to appear at the hearing if there are compelling reasons for doing so. In accordance with the norms of the legislation of the Russian Federation, a person must provide a supporting document to the court - an application for consideration of the case in his absence.

There are frequent cases of citizens turning to banking organizations for the return of funds transferred by mistake to other persons. It is possible to return the money if the recipient voluntarily returns it to the account, or you will have to go to court and file a civil lawsuit for unjust enrichment and recovery of incorrectly transferred money. We will tell you whether bank employees have the authority to collect funds from the cards and accounts of erroneously gifted citizens, and we will determine what to do in the event of an irreparable transfer. Also in this article we will look at what the reality is - how the courts react to claims for the return of funds.

How to write absence correctly

The nouns “in the absence” and “in the absence” have an independent lexical meaning and denote a state, a situation when something is not available or the person being spoken of is not currently in the specific place indicated in the sentence.

As a rule, after the title of the document, you should state the reason for the child’s absence from school. It is desirable that the specified reason be valid. Try to use a formal (business style) note writing style. You can start your note like this:

PETITION TO COURT

Let's start with the fact that petitions are resolved by a written or oral reasoned ruling of the court after familiarization with the opinion of the opposite party. After explaining to the parties their rights and obligations, the judge asks a very important question for you: “ Do the parties have any statements?».

According to information received from my principal, __________________________, the plaintiff in civil case N ______, he intends to change the subject of the claim (reduce the size of the claim). However, at present, the plaintiff is outside the city of __________ for the reason _______________________________________ and cannot (indicate the reason for the absence) personally appear at the court hearing in the specified case, which is scheduled for “__”______________ ____ at ___ hours ___ minutes.

How to write correctly about absence from work

Draw up a document in any form signed by two or more witnesses. Such a commission must include at least three employees who were present in person when it was discovered that the employee was absent during working hours. It will not be an error and will not entail the invalidity of the act if it is drawn up by a single official, but the fact is confirmed by the handwritten signatures of at least three employees present.

The law obliges to adhere to a certain order in this matter. The absentee may reserve the right not to give an explanation, then the manager is authorized to apply penalties to him that are permissible from the point of view of current legislation.

Petition to consider the case in the absence of the defendant

Petition to consider the case in the absence of the defendant refers to procedural documentation, the main purpose of which is to persuade the court to resolve the case without delay, without the presence of the named party or his representative during the process. Below are recommendations for the preparation of the mentioned document.

personal appeal of the defendant or his representative to the office or expedition division of the court;
postal item - most often, court documents are sent by a valuable letter with an inventory of the attachment, which allows you to obtain evidence of sending a specific document (postal receipt and an inventory of the attachment certified by the postal operator);
through the “My Arbitrator” service (only possible for arbitration courts).

How to properly issue a receipt in case of an accident

the name of the document itself;
the date of compilation is indicated (day/month/year);
The text of the receipt can be formatted in any form:
- personal data is indicated;
- indicates confirmation of the absence of claims.
are indicated by full name. the originator of the receipt, as well as witnesses (if any).

I, Ivanov Ivan Ivanovich, live at Moscow, st. Turgeneva, 44 kv. 5, passport series - 1345, No. 123 456 received from Alexander Viktorovich Sidorov, living in Moscow, st. Pushkina 55 apt. No. 4, money in the amount of one thousand five hundred rubles (1,500 rubles) in favor of compensation for damage caused to my car.

27 Jul 2018 471

In the absence of

in the absence of (who, what)

Together or separately? Spelling dictionary-reference book. - M.: Russian language. B. Z. Bukchina, L. P. Kakalutskaya. 1998 .

Synonyms:

See what “in the absence” is in other dictionaries:

ABSENCE, absence, plural. no, cf. 1. A situation when someone does not have something available. “There was none of the disorder that reveals the presence of a muse and the absence of a broom and brush.” Pushkin. Lack of information. Lack of talent. Lack of quorum... Ushakov's Explanatory Dictionary

Lack, lack, deprivation, absence; absenteeism. In the absence, behind the scenes, behind the eyes, in absentia. It says one thing behind the eyes, and another in the eyes. It flatters in the eyes, but vilifies behind the eyes. The meeting is canceled if the legal number of members does not arrive. Behind… … Synonym dictionary

Absence- Absence ♦ Absence Not at all nothing, for absence means the absence of something, that is, limited, known and definite non-existence. How is it defined? The presence of one or many things: what is absent here is present somewhere else... Sponville's Philosophical Dictionary

Wed. non-existence, non-existence, non-existence, opposite. the inherent nature of something, presence, existence, presence; the state of being absent, non-existent, non-existent, or missing an object and quality, Lack of order and authority. In this judgment... ... Dahl's Explanatory Dictionary

This refers to the state of a firm when it does not have cash to meet its obligations. Dictionary of financial terms. Lack of liquidity Lack of liquidity is a state of a company characterized by a lack of cash for... ... Financial Dictionary

Noun, number of synonyms: 12 brainlessness (33) stupidity (49) stupidity (125) ... Synonym dictionary

Divergence, disagreement, discrepancy, disagreement, disharmony, heteroglossia, discord, disagreement, difference of opinion, dissonance, contradiction, disharmony Dictionary of Russian synonyms. lack of unity of noun, number of synonyms: 18 disharmony ... Synonym dictionary

Noun, number of synonyms: 3 unreason (26) absence of any presence (12) ... Synonym dictionary

Noun, number of synonyms: 8 hostility (31) dislike (27) disposition ... Synonym dictionary

Adj., number of synonyms: 4 disorder (10) disorder (12) ... Synonym dictionary

Noun, number of synonyms: 4 deafness (12) unkindness (3) lack of kindness (2) ... Synonym dictionary

Books

Lack of evidence, Andrey Kivinov. The book includes stories by the most popular prose writer Andrei Kivinov about the work of criminal investigation officers of the St. Petersburg police. The prose of this master of the detective genre is completely distinguished by...

In the presence Attesting witnesses seized several items as evidence.

"In the presence" or in the presence?

To choose the correct spelling, we determine the form of this noun by asking it a question:

what? in the presence.

This is the prepositional case form of the inanimate noun "presence". Let's see how it changes according to cases in singular forms:

What? presence

R. n. no what? presence

d.p. glad about what? presence

V. p. what? presence

etc. I’m interested in what? presence

p.p. thinking about what? about presence.

Let's write it correctly in the presence(who? or what?).

In the absence We are sure of the evidence of his guilt.

In the absence of member of the commission, the issue was postponed until the next meeting.

In the absence or in the absence of?

in what? in the absence - the form of the prepositional case;

into what? in absence - accusative case form

More often in business speech, the derived preposition “in absence,” which from a morphological point of view is the accusative case form of a noun with a preposition, controls the dependent word in the genitive case form:

in the absence of whom? member of the commission;

in the absence of whom? chairman of the meeting.

Please note that the preposition is used only with an animate noun.

Let's write it correctly in the absence of(whom?).

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This also applies to the words “in the absence” and “in the absence”: different rules apply to their spelling, depending on what part of speech they are.

The meaning of words of this type is determined by the context: it appears only due to the semantic connection with other words:

In the absence of the duty officer at the post, the commission saw a gross violation of discipline. (The duty officer was absent.)

It was hard to believe that the necessary materials were not in stock. (The materials seemed to be missing.)

Between the preposition “in” and the words “absence”/“absence” you can insert a definition: in criminal absence, in imaginary absence.

The forms of the accusative and prepositional cases of the noun “absence” are formed according to the type of neuter nouns in -iy, -iy. In the accusative case they have the ending -e, in the instrumental case -i. Consequently, when writing the words “in the absence” and “in the absence” one must be guided by case questions.

Accusative: whom? What? - (in the absence of
Prepositional: in whom? in what? – in the absence

The noun “absence” in the form of the accusative case with the preposition “in” can turn into the adverbial-prepositional combination “in absence”. It indicates a person who is absent during any action referred to in the sentence:

In the absence of (who?) Ivan Petrovich, there was a change of personnel in the department.
The boy grew up in (whose?) absence and became even more like his father.

In these sentences, “in absence” is a derived adverbial-prepositional combination that retains the accusative case form of the noun “absence.” It is not a part of the sentence, does not change and retains the form of writing with -e at the end.

The difference between the words "in the absence" and "in the absence" is as follows:

The prepositional case form of the noun “absence” is written with an –e at the end: “in absence.” The accusative case of this noun ends in -e: “in the absence.”

The case forms “in absence” and “in absence” differ from the adverbial prepositional combination “in absence” by the presence of a lexical meaning. The adverbial-prepositional combination only indicates the person referred to in the sentence.

Quite often in the Russian language there are controversial prepositions, the correct spelling of which requires knowledge, and not an intuitive arrangement of letters. These include the stable preposition “in absence,” which is very often confused in written speech with the noun and preposition “in absence.”

Instructions

“In the absence” is used exclusively as a free combination of the preposition “in” and the noun “absence”, placed in the prepositional case and ending in -i. For example: “The court saw no reason to terminate the hearing in the absence of one of the witnesses.” Or: “The teacher did not suspect anything criminal in the student’s absence from class.” Here the noun with the preposition “in absence” is used exclusively in the sense of “in the fact that he was absent.”

If you use “in absence” as a preposition in speech, the expression is always written with the letter –e at the end. Moreover, the preposition “in the absence” can be checked by replacing it with the phrase “in the absence of someone.” For example: “Children are too noisy when their parents are away.” Or: “And in the absence of actors playing fairy-tale characters, the New Year’s holiday was enchanting.”

When checking a stable combination “in the absence”, you should not rely on another combination “in the presence”. The latter is always written with the letter -i at the end. For example: “In the presence of his wife, he became timid and shy.” Or: “Teenagers in the presence of the police became sad and gloomy.”

Remember that the preposition “in the absence” is used only when answering the question “who?” By no means “what?” That is why phrases like “in the absence of wind”, “in the absence of opinion”, “in the absence of electricity”, “in the absence of money”, etc. are considered incorrect. Such words “in the presence” and “in the absence” are used only in relation to people. In relation to inanimate objects, it is correct to say: “in the presence of electricity”, “in the presence of a landmark”, “in the absence of money”, “in the absence of a motive”, etc.