Court ruling. Statements of claim Determination by statement of claim

reservoirs 08.03.2022
reservoirs

Statement of claim is a document of the written form and content established by the procedural law, in which the plaintiff sets out the substantive legal requirements for the defendant.

The form of the statement of claim is characterized as written, which is one of the guarantees of the right of the plaintiff and the defendant to judicial protection. This written document must contain information: on the name of the court to which the application is submitted; the name of the plaintiff and the defendant, their place of residence, if the organization acts as the plaintiff or defendant, then its location; the name of the representative and his address, if the application is submitted by a representative; the facts on which the plaintiff bases his claim, and the evidence supporting them; facts indicating a violation or a threat of violation of the rights, freedoms and legitimate interests of the plaintiff; the price of the claim, if it is subject to assessment, as well as the calculation of the sums of money collected or disputed; observance of the pre-trial procedure for addressing the defendant, if it is provided.

In addition, the statement of claim lists the phone numbers, fax numbers, e-mail addresses of the plaintiff, his representative, the defendant, as well as any other information that is important for the proper consideration and resolution of the dispute.

Some features are characteristic of a statement of claim filed by the prosecutor in defense of the interests of the Russian Federation, its constituent entities, municipalities or in defense of the rights and freedoms of an indefinite circle of persons. The prosecutor is obliged in his own written request to emphasize what exactly the violation or contestation of rights and interests consists of and what law provides for them. If the prosecutor turned to protect the rights of a citizen, then it is necessary to justify why the personally subjectively interested person cannot apply to the court on his own, or indicate the citizen’s appeal to the prosecutor (part 3 of article 131 of the Code of Civil Procedure).

Attached to the statement of claim: its copies in accordance with the number of defendants and third parties; a document confirming the payment of the state fee; a power of attorney or other document certifying the authority of the plaintiff's representative; documents confirming the circumstances on which the plaintiff bases his claims, as well as copies of these documents for the defendant and third parties; the text of the published normative legal act in case of its contestation; evidence indicating the observance of the mandatory pre-trial procedure for the settlement of the dispute; calculation of the exacted amount of money with copies for the defendant and third parties.

The statement of claim is signed by the plaintiff or his representative, but only if he has the authority to do so.

The presence in the written petition of any flaws in terms of form and content makes it legally void, in connection with which the court must make a ruling on leaving the statement of claim without movement.

The current Code of Civil Procedure allows a personal appeal to the court with a statement of claim or by sending it by mail, in contrast to the APC, which allows the plaintiff to submit the necessary documents electronically by filling out forms posted on the official website of the arbitration court in the information and telecommunication network Internet. For this purpose, persons are registered in the "Electronic Guard" system, and the person registered when submitting documents through the creation of his account, which forms a "personal account", is a user of the document submission system. In order to optimize the electronic application to arbitration courts, Order No. 1 of the Supreme Arbitration Court of the Russian Federation dated January 12, 2011 approved the Temporary Procedure for Submitting Documents to Arbitration Courts of the Russian Federation in Electronic Form.

  • The Constitutional Court of the Russian Federation by Decision No. 474-0 of December 18, 2003 "On the refusal to accept for consideration the complaint of citizen Chumakov Alexander Vladimirovich about the violation of his constitutional rights by Article 132 of the Code of Civil Procedure of the Russian Federation" confirmed the constitutionality of Art. 132 of the Code of Civil Procedure, requiring documents to be attached to the statement of claim confirming the circumstances on which the plaintiff bases his own legal claims.

External form of expression of claim - statement of claim , which is presented to the court in writing (CPC RF). An interested person can apply to the court with a statement of claim either in person or send it by mail.

At the same time, paragraph 1.1 of Art. 3 Code of Civil Procedure of the Russian Federation clarifies that a statement of claim, statement, complaint, presentation and other documents may be filed with the court

  1. on paper or
  2. in electronic form, including in the form of an electronic document signed with an electronic signature in the manner prescribed by the legislation of the Russian Federation, by filling out a form posted on the official website of the court on the Internet information and telecommunication network.

The statement of claim, filed by filling out a form posted on the official website of the court, containing a petition for securing a claim, is signed with an enhanced qualified electronic signature.

    1. name of the court to which the application is submitted;
    2. plaintiff's name, his place of residence or, if the plaintiff is an organization, its location, as well as the name of the representative and his address, if the application is submitted by a representative;
    3. defendant's name, his place of residence or, if the defendant is an organization, its location;
    4. what is infringement or threat of infringement, freedoms or legitimate interests of the plaintiff and his claims;
    5. circumstances on which the plaintiff bases his claims, and evidence supporting these circumstances;
    6. the price of the claim, if it is subject to assessment, as well as the calculation of the amounts recovered or disputed;
    7. compliance information pre-trial procedure appeals to the defendant, if it is established by federal law or provided for by the agreement of the parties;
    8. list of documents attached to the application.

The application may contain telephone numbers, fax numbers, e-mail addresses of the plaintiff, his representative, the defendant, other information relevant to the consideration and resolution of the case, as well as the petitions of the plaintiff.

More

    • the nature of the disputed material legal relationship,
    • subject composition and
    • a number of other circumstances

essential to the proper resolution of the case.

The statement of claim must indicate the circumstances on which the plaintiff bases his claims (i.e. those that are included in the basis of the claim):

    1. law-forming;
    2. law-changing;
    3. terminating.

Evidence supporting these circumstances must also be provided. At the same time, in the application it is necessary to inform the court of the names and surnames of witnesses and persons who have written or material evidence, their addresses, etc., indicate the list of attached documents.

Code of Civil Procedure of the Russian Federation does not require legal qualification of the plaintiff's request, i.e. obligatory reference to a norm of substantive law (with the exception of the prosecutor's statement of claim).

In practice, it also happened that an application submitted by a lawyer or legal adviser must contain a reference to the law.

The statement of claim is signed by the plaintiff or his representative if he has the authority to sign the statement and present it to the court.

Securing a claim

Securing a claim - this is the adoption by the court, at the request of the persons participating in the case, of the procedural measures provided for by law, guaranteeing the execution of a possible decision on the stated claim.

Securing a claim is allowed in any state of the case, if the failure to take measures to secure the claim may make it difficult or impossible to enforce the court decision.

Measures to secure a claim depend on the subject matter of the claim. Actions to secure a claim may include:

    1. seizure on property belonging to the defendant and located by him or other persons;
    2. prohibition defendant take certain actions;
    3. prohibition of other persons from performing certain actions relating to the subject matter of the dispute, including transferring property to the defendant or fulfilling other obligations in relation to him;
    4. suspension of the sale of property in the event of a claim for the release of property from arrest (exclusion from the inventory);
    5. suspension of recovery under a writ of execution disputed by the debtor in court.

In necessary cases, the judge or court may take other measures to secure the claim, and several measures may be allowed.

The judge or court shall immediately notify the appropriate state bodies or local self-government bodies that register property or rights to it, their restrictions (encumbrances), transfer and termination of the measures taken to secure the claim.

If the prohibitions are violated, the perpetrators are subject to a fine of up to 1,000 rubles. In addition, the plaintiff has the right to demand in court from these persons compensation for losses caused by failure to comply with the court ruling on securing the claim.

Measures to secure the claim must be proportionate to the claimant's claim.

In judicial practice, the most commonly used measure to secure a claim is related to the seizure of property or funds belonging to the defendant and located in credit institutions.

The procedure for seizing property is defined in detail in the Federal Law of October 2, 2007 N 229-FZ "On Enforcement Proceedings".

The purpose of the seizure of property when securing a claim is its safety until the case is resolved in court.

In Art. 446 of the Code of Civil Procedure provides a list of property that cannot be levied on executive documents. This is such property, without which the existence of the person himself is impossible (living quarters, home furnishings, clothing, etc.).

Procedural procedure for securing a claim

According to Art. 141 of the Code of Civil Procedure of the Russian Federation, an application for securing a claim is considered on the day it is received by the court without notifying the defendant, other persons participating in the case.

On taking measures to secure the claim, the judge or the court makes a decision, which is enforced immediately in the manner prescribed for the execution of judgments.

On the basis of a court ruling on securing a claim, the judge or court issues a writ of execution to the plaintiff and sends a copy of the court ruling to the defendant.

According to the person participating in the case, it is allowed to replace some measures to secure a claim with other measures to secure a claim in the manner prescribed by Article 141 of the Code.

When securing a claim for the recovery of a sum of money, the defendant, instead of the measures taken by the court to secure the claim, shall have the right to deposit the amount claimed by the claimant into the account of the court.

The provision for a claim may be canceled by the same judge or court at the request of the persons participating in the case, or at the initiative of the judge or court (Article 144 of the Code of Civil Procedure of the Russian Federation).

The question of canceling the security of the claim permitted in court. The persons participating in the case are notified of the time and place of the court session, however, their failure to appear is not an obstacle to considering the issue of canceling the securing of the claim.

The study of the concept of a statement of claim should begin with an analysis of the essence of the claim form of protection.

Controversial claims to be considered within the framework of the procedural form are called claims. The claim form of defense is the most suitable for the proper consideration and resolution of disputes with a decision. The main features of the claim form of protection of rights are studied in sufficient detail in the procedural science of Chernykh I.I. Commentary on the Civil Procedure Code of the Russian Federation / S.A. Alekhina, A.T. Boyner, V.V. Blazheev and others; Rep. ed. M.S. Shakarian. M., 2007. S. 299. and are as follows: the procedure for considering and resolving civil cases is consistently determined by the norms of the civil procedural law; the persons participating in the case have the right, personally or through their representatives, to participate in the consideration of the case at the court session; persons participating in the case, the law provides sufficient legal guarantees that enable them to influence the course of the process and seek a legal decision; proceedings are adversarial.

The right to judicial protection is one of the most important subjective rights of citizens and organizations protected by law. Violation of the right of interested persons to judicial protection, their rights and legitimate interests is the basis for the cancellation of the court decision. The choice of the way to protect civil rights belongs directly to citizens and legal entities.

The claim form of protection of the right exists not only in civil proceedings, its main features are also inherent in the arbitration process. We can also talk about the claim form of protection of the right in relation to arbitration proceedings. Consideration and resolution of a dispute in an arbitration court takes place with the necessary legal guarantees of legality, and the parties have equal procedural rights. Plus" according to comp. on 20 Aug. 2012. In the Law of the Russian Federation of July 7, 1993 "On International Commercial Arbitration" (subsequently revised) ATP "Consultant-Plus" comp. on 20 Aug. 2012 refers to the filing of a claim, statement of claim, claims, objections of the defendant in the claim, equal treatment of the parties (Articles 8, 23, 18) Despite the increase in the number of types of legal proceedings, the existence of three types of legal proceedings remains the main and undeniable: action, proceedings in cases arising from public law relations, and special proceedings // Degtyarev S.L. Types of production in the modern civil and arbitration process // Arbitration and civil process. 2007. No. 8. P. 34..

A controversial substantive claim of one person to another, subject to consideration in a certain procedural order, is called a claim. A claim is a procedural means of protecting a violated or contested right, inherent in the claim form of legal proceedings. The lawsuit is a universal means of protecting the right. In its essence, it is a complex phenomenon in which two sides should be distinguished: substantive law - the claim of the plaintiff to the defendant and procedural and legal - this is the claim of the plaintiff to the court to ensure the protection of the violated or contested right. At the same time, the claim to the court cannot but be accompanied by a claim to the defendant.

It is about the substantive claim of one person to another, about claims that are repeatedly indicated in the law and judicial practice Rakitina L.N. Reducing the amount of claims at the initiative of the court: issues of reimbursement of expenses for the payment of the state fee // Arbitration and civil process. 2008. No. 10. P. 34 .. So, the statement of claim must indicate the claim of the plaintiff to the defendant (part 4 of article 131 of the Code of Civil Procedure of the Russian Federation), the defendant has the right to file a counterclaim against the plaintiff (Article 137 of the Code of Civil Procedure of the Russian Federation) A counterclaim is a substantive claim the defendant to the plaintiff, declared for joint consideration with the original claim. A counterclaim is filed by the defendant to defend against the original claim. By filing a counterclaim, the defendant seeks to reject the plaintiff's claims or set off his claims. See: Popov V.V. ABC of a counterclaim // Arbitration and civil process. 2008. No. 4. S. 34 .. When a claim is made by several plaintiffs or against several defendants, the judge has the right to separate one or more claims into a separate proceeding (part 3 of article 151 of the Code of Civil Procedure of the Russian Federation). The plaintiff's claim is also mentioned in Part 4 of Art. 132 Code of Civil Procedure of the Russian Federation, which states that the plaintiff must attach to the statement of claim the documents on which he bases his claim. When the plaintiff renounces the claim, he does not renounce his appeal to the court, but precisely his claim against the defendant. If the court decides to secure a claim, then it is a question of ensuring the implementation of the substantive legal claim of one person against another in the future.

The definitions of a claim contained in the literature, only as a means of initiating a process or as a means of applying for the protection of a right, are not accurate and do not reveal its entire content. Indication of disagreements about the concept of a claim and its elements that existed in the theory of civil procedure, see: E.V. Textbook of civil procedure / Ed. V.A. Tomsinov. M., 2003. S. 603 .. These definitions do not limit the claim from other appeals to other state bodies or appeals in other types of civil proceedings (statement or complaint in cases of special proceedings and proceedings in cases arising from public legal relations). An appeal to a court or other jurisdictional body will be a claim only if it is accompanied by a requirement to the other party and the court to consider the case in a certain claim procedure.

Claims are such claims when a dispute arose between the plaintiff and the defendant in connection with the violation or contestation of a subjective right and the parties did not resolve it without the intervention of the court, but submitted it for consideration and resolution. The entire judicial claim form is devoted to verifying the validity of the claim of the plaintiff to the defendant, and if it is justified, then satisfy this claim. The concept of a claim as a claim of one person to another has been repeatedly indicated in the works of Russian scientists. So, the famous Russian proceduralist E.V. Vaskovsky wrote: "In the course of action, claims made by some persons against certain other persons are subject to verification." In addition, he pointed out that "the court establishes the legitimacy of the plaintiff's claims against the defendant." See: Vaskovsky E.V. Decree. op. pp. 156, 346, 349, 350; Civil process / Ed. V.V. Yarkov. M., 2004. S. 256 - 257. Otherwise, the court dismisses the claim. The court refuses not to appeal to the court, but specifically to the plaintiff's claim to the defendant, since the appeal has already taken place and the judge accepted the statement of claim. If there is no claim by the plaintiff against the defendant, then there is no claim.

The single concept of a claim and its two sides are mentioned in the scientific literature: "The single concept of a claim seems to be more correct and scientifically substantiated. Such a concept of a claim corresponds to both legislation and judicial practice" Chernykh I.I. Commentary on the Civil Procedure Code of the Russian Federation / S.A. Alekhina, A.T. Boyner, V.V. Blazheev and others; Rep. ed. M.S. Shakarian. S. 300 .. A claim is a single concept that has two sides: substantive law and procedural law. Both sides are inseparable unity. If we consider the claim differently, then it will be impossible to understand the legal nature of such institutions as a counterclaim, the connection and separation of claims (Articles 137, 151 of the Code of Civil Procedure of the Russian Federation, etc.).

A claim should be considered a substantive legal claim of one person against another, brought to the court for consideration and resolution in a procedural manner, arising from a disputed substantive legal relationship and based on certain legal facts.

The elements of the claim characterize its content and legal nature. The claim consists of two elements: subject and grounds. The law and judicial practice with these two elements exhaust the content of the claim as a single concept. In the educational literature, there are different points of view on the issue of the elements of the claim, their essence, content and number See, for example: Civil procedural law / Ed. M.S. Shakarian. M., 2004. S. 199. The law says that the change of the claim takes place according to its subject and grounds (Article 39 of the Code of Civil Procedure of the Russian Federation). These elements are important for determining the scope of the defense against the claim. They also establish the direction, course and features of the trial for each process.

Civil procedural legislation establishes that the statement of claim must indicate the claim of the plaintiff to the defendant and the circumstances on which the plaintiff bases his claim (Articles 131, 151 of the Code of Civil Procedure of the Russian Federation). In this regard, the subject of the claim is the specific substantive claim that the plaintiff makes against the defendant and on which the court must decide on the case. In addition to the subject of the claim, there is the so-called material object of the dispute, which can be a specific thing, object, amount of money to be transferred, collected. The material object of the dispute is included in the subject of the claim. In particular, when it comes to increasing or decreasing the amount of claims, the quantitative side of the material object of the dispute changes, and not the subject of the claim.

The basis of the claim is legal facts. Legal facts are circumstances that create, change the rights and obligations of the parties or prevent the emergence of rights and obligations (Isakov V.B. Legal facts in Russian law. M., 1998. P. 2), on which the plaintiff establishes a substantive claim against the defendant. According to paragraph 5 of Art. 131 of the Code of Civil Procedure of the Russian Federation, the statement of claim must indicate the circumstances on which the plaintiff bases his claim against the defendant. The basis of the claim is that from which the plaintiff derives his claims against the defendant. Such legal facts can be: the conclusion of a contract, marriage and its registration, causing harm. In most cases, the basis of the claim is a complex factual composition, when it includes several legal facts that form the basis of the claim. We can agree with the definition of the basis of the claim as the circumstances from which the plaintiff's right to claim arises, on which the plaintiff bases them Karkhalev D. Subjective right to protection // Lawyer. 2008. No. 1. P. 45..

All legal facts constitute the factual basis of the claim. In addition to the factual basis of the claim, it is also possible to single out the legal basis. Appealing to the court, the plaintiff expects that his subjective right will be protected. However, in order for his claim to be satisfied, this claim must be based not only on facts, but also on the relevant rule of law. You can only defend a claim that is based on the law. This means that, in addition to legal facts, it is necessary to establish a substantive legal norm that constitutes the legal basis for the claim Vaskovsky E.V. Decree. op. S. 350..

One cannot but agree that each claim considered by the court must be directed against a certain person, based on specific factual and legal data. The Code of Civil Procedure of the Russian Federation does not contain an indication of the need to refer to the legal basis of the claim in the statement of claim. However, in other normative acts, which refer to the content of the statement of claim, the legal basis of the claim is indicated. So, the legal basis of the claim is stated in the Arbitration Procedure Code of the Russian Federation (hereinafter referred to as the Arbitration Procedure Code of the Russian Federation), § 9 of the Rules of the International Commercial Arbitration Court http://www.unodc.org., in Art. 23 of the Arbitration Rules for the resolution of economic disputes at the Chamber of Commerce and Industry of the Russian Federation http://www.unodc.org. and etc.

There is a substantive-legal and procedural-legal classification of claims. The substantive nature of claims is different. The difference is manifested in the fact that claims may differ from each other in the nature of the disputed legal relationship and the requirement with which the plaintiff addresses the defendant. The material-legal classification of claims makes it possible to correctly determine the direction and scope of judicial protection, the jurisdiction of the dispute and its subject composition, as well as to identify the specifics of the procedural features of this dispute.

By their nature, the procedural purpose of all claims is the same. It consists in protecting the violated or contested subjective right of the plaintiff. According to the procedural purpose, claims are divided into claims: a) for award; b) recognition. A detailed study of these species is beyond the scope of this topic. Here we only note that claims for award are the most common in judicial practice. In claims for award, the plaintiff, applying to the court for the protection of his right, asks to recognize his disputed right, and in addition, to adjudge the defendant to commit certain actions or to refrain from doing them, and the purpose of claims for recognition is to eliminate the controversy and uncertainty of law Claims for recognition, or establishing claims, already existed in the Roman civil process under the name "prejudicial claims". See: Novitsky I.B. Roman law. Textbook. M., 1998. S. 111.

In addition to claims for recognition and claims for award, the legal literature indicates the emergence of class claims or claims in defense of an indefinite circle of persons and indirect (derivative) claims. The basis for the classification of these claims, according to some authors, is the nature of the protected interests Abolonin G.O. class action lawsuits. M., 2001. S. 21 - 23 .. Supporters of this position indicate: "A class action is a kind of synthesis of two procedural concepts - complicity and representation" Kolesov P.P. Class action lawsuits in the US. M., 2004. S. 13. However, the proposed classification of claims has not received proper scientific justification. One cannot but agree that "the theory of indirect (derivative) claims requires significant clarifications", as well as the theory of corporate "group" claims by Osokina G.L. Russian Civil Procedure Course. A common part. Tomsk, 2002. S. 89 - 103. Thus, the division of claims into two types exhausts the classification of claims according to their procedural purpose.

Thus, a statement of claim is an important means of initiating proceedings on a specific dispute. According to the law, any interested person may apply to the court for the protection of a violated or contested right. Such an appeal is called a claim.

Introduction

A lawsuit (from Latin actio) is an action aimed at protecting one's own.

The concept of "claim" is used:

  • when analyzing issues of protection of subjective rights and interests of a legal entity, the state, constituent entities of the Russian Federation, municipalities, public organizations and an indefinite circle of persons;
  • in the study of ways to protect rights and interests, means of recourse to the court, forms of protection of rights and forms of judicial proceedings.

Due to the multiplicity of directions in the use of the concept under study, a generally accepted point of view in the scientific literature has not yet been developed.

The complexity of developing the concept of "claim" lies in its duality:

    1. as a means of protecting a subjective violated right or from the threat of such a violation (substantive side);
    2. as form, type of court proceeding on consideration and resolution of civil cases (procedural side).

The current Code of Civil Procedure, for example, establishes that the statement of claim must indicate what the violation or threat of violation of the rights, freedoms or legitimate interests of the plaintiff and his demands is. And the Code of Civil Procedure is called "Claim Proceedings".

The allocation in the claim of both the substantive and procedural side is most consistent with the current legislation, but with one clarification.

When the concept of "claim" is used in the substantive sense, it is necessary to keep in mind such branches of substantive law in which subjects have equal rights and obligations. It is possible to bring a claim and compete in one's rightness only with an equal.

In addition, one should also take into account the sectoral affiliation of subjective law (labor, family, civil, etc.), which influences the process, but does not undermine, does not destroy the claim form of proceedings in court, but makes it flexible and more adapted to protect the law, owned by a natural or legal person.

The substantive side of the claim is turned to the violator, its content is determined by industry (family, housing and other relations).

The procedural-legal side is turned to the court with the requirement to conduct an open public process, which is regulated by the rules of procedural law, i.e. the content of this requirement is determined by procedural legislation.

lawsuit- appeal of an interested person to the court with a demand to protect his subjective right or legally protected interest.

When the plaintiff renounces the claim, he does not renounce his appeal to the court, but precisely his claim against the defendant. If the court takes measures to secure a claim, then it is a question of ensuring the implementation of the substantive legal claim of one person against another in the future.

A statement of claim is an important means of initiating proceedings in a particular dispute.

Claim- These are such requirements when a dispute arose between the plaintiff and the defendant in connection with the violation or contestation of a subjective right and the parties did not resolve it without the intervention of the court, but submitted it for consideration and resolution.

Right to claim

The right to sue is an opportunity provided by law to apply to the court for protection, restoration of a violated right or elimination of uncertainty in the law.

First of all, Art. 46 of the Constitution of the Russian Federation, which provides everyone with the right to apply to the court.

The Code of Civil Procedure of the Russian Federation establishes: "The interested person has the right, in the manner prescribed by the legislation on civil proceedings, to apply to the court for the protection of violated or disputed rights, freedoms or legitimate interests."

The bilateral nature of the claim is fully manifested in the concept of the right to claim:

  1. from the substantive side, the right to claim means the right to satisfaction of the claim;
  2. from the procedural-legal side - the right to bring a claim in court.

Thus, the right to bring a claim is a form of realization of the right to claim, the right to judicial protection.

General prerequisites for the right to sue:

  • Availability standing at the plaintiff;
  • jurisdiction of the case court of general jurisdiction;
  • fact absence of a final decision on a dispute between the same parties, on the same subject and on the same grounds, or a court ruling to terminate the proceedings in connection with the acceptance of the plaintiff's waiver of the claim or the approval of the settlement agreement of the parties;
  • fact the absence of an arbitration award that has become binding on the parties on a dispute between the same parties, on the same subject and on the same grounds, except in cases where the court refused to issue a writ of execution for the enforcement of the decision of the arbitration tribunal.

Special preconditions for the right to sue:

  • obligatory observance of pre-trial or extra-judicial procedure for resolving an application in cases provided for by law(for example, on disputes about non-receipt of a postal item, on disputes in connection with the transportation of goods by various means of transport). In case of non-compliance with the mandatory pre-trial claim procedure for resolving the dispute, the relevant person does not lose the right to judicial protection, since after the return of the statement of claim for the considered reason, he has the opportunity to eliminate the violation and re-apply to the court.

The procedural significance of the prerequisites for the right to bring a claim lies in the fact that only their totality gives the person concerned the right to apply to the court. If at least one of the general prerequisites is missing, the court refuses to accept the application. And if the absence of prerequisites is found after the acceptance of the statement of claim and the initiation of a civil case, the case is terminated at any stage of the process.

Since the right to satisfy the claim when accepting the statement of claim is not checked, but assumed, its presence or absence is established during the trial. And the final answer is given by the court in the decision or ruling on the case as a whole.

Types of claims in civil proceedings

Classification of claims possible for two reasons (criteria):

  1. material and legal;
  2. procedural and legal.

Other grounds

There are other grounds for classifying claims in the literature.

For example, according to the nature of the protected interests, claims are distinguished:

  • personal;
  • in defense of the public interest;
  • in defense of the rights of others;
  • on the protection of an indefinite circle of persons (class actions);
  • indirect claims.

Personal claims are aimed at protecting the plaintiff of his own interests in a disputed material legal relationship. They constitute the bulk of the cases resolved by the courts of general jurisdiction.

According to claims in defense of the public interest the beneficiary is assumed to be society as a whole or the state, since it is impossible to determine a specific beneficiary.

lawsuits in defense of the rights of others aimed at protecting not the plaintiff himself, but other persons in cases established by law. For example, lawsuits filed by authorities and guardianships in defense of the rights of minor children.

lawsuits on the protection of an indefinite circle of persons(class actions) are aimed at protecting the interests of a group of citizens, the full personal composition of which is unknown at the time of initiation of the case. In the interests of the group, one or more persons of the group act without special authorization. It is assumed that the very procedure of the proceedings, associated with the need to notify and identify members of the group, allows for the adoption of a court decision to make the composition of the group certain, personalized (it should be noted that the question of the identity of claims for the protection of an indefinite circle of persons and class claims is debatable).

Indirect claims are aimed at protecting interests, the personal composition of which is predetermined. They are designed, first of all, to protect the interests of the subjects of corporate relations (which are based on the association of persons and (or) their capital in order to achieve a common economic goal, to make a profit).

Classification of claims on a substantive basis

Classification of claims on a substantive basis ( corresponds to the branch of law):

  • labor;
  • housing;
  • civil;
  • family, etc.

civil lawsuits(claims from civil legal relations) are divided into:

  1. claims from separate agreements (from a lease agreement, a leasing agreement, etc.);
  2. lawsuits for the protection of property rights;
  3. lawsuits;
  4. copyright claims.

Substantive law classification of claims allows you to correctly determine the direction and scope of judicial protection, the jurisdiction of the dispute and its subject composition, as well as to identify the specifics of the procedural features of this dispute.

Classification of claims by procedural and legal basis

When filing a lawsuit, the plaintiff may pursue various goals. The very nature of the court decision depends on the purpose of the claim (its content) or the method of protecting the right, i.e. what decision does the plaintiff want from the court.

According to the procedural and legal basis, claims are distinguished:

  • on awarding (executive);
  • on recognition (establishment);
  • transformative (controversial, some sources ).

Claims for award

The most common are requirements, the subject of which is characterized by such methods of protection as voluntary or forced execution of the defendant's obligation confirmed by the court.

In claims for award, the plaintiff, applying to the court for the protection of his right, asks:

  1. recognize him for his disputed right;
  2. order the defendant to commit certain acts or to refrain from doing them.

Features of claims for award consists in the fact that in them, as it were, a combination of two requirements takes place:

  • on the recognition of the disputed right, followed by a demand for the award of the defendant to the performance of the obligation.

Lawsuits for recognition

Lawsuits for recognition are called lawsuits establishing, since for them, as a rule, the task of the court is to establish the presence or absence of a disputed right. The purpose of claims for recognition is to eliminate the controversy and uncertainty of law.

The defendant in the event of a claim for recognition being brought against him not compelled to take any action in favor of the plaintiff.

Recognition claims include:

  • positive claims (aimed at recognition of the disputed right);
  • negative claims (on the recognition of the absence of a legal relationship).

Transformative lawsuits

In the theory of civil procedural law, there is a judgment about the existence of transformative claims that are aimed at changing or terminating the existing legal relationship with the defendant and indicating that this can happen as a result of the unilateral will of the plaintiff.

All claims that are called transformative may be classified either as claims for recognition (for example, claims for establishing paternity, for divorce), or for claims for award (division of jointly acquired property of spouses). The division of claims into two types exhausts the classification of claims according to their procedural purpose.

At present, the science of civil procedural law proceeds from the fact that there is no need to single out the institute of so-called transformative claims as an independent type of claims., since the court does not have the function of eliminating rights by its decision or creating rights and obligations that the parties did not have before the trial.

Elements of a claim

The law states that the change of the claim takes place according to its subject and basis (CPC RF). These elements are important for determining the scope of the defense against the claim. They also establish the direction, course and features of the trial for each process.

In science, the following elements of the claim are distinguished:

  1. thing;
  2. base;
  3. content (controversial).

The subject of the claim is everything in respect of which the plaintiff seeks a judgment, it is specific substantive requirement the plaintiff to the defendant, arising from a disputed legal relationship and about which the court must make a decision. When filing a claim, the plaintiff may seek coercion and enforcement of his substantive legal claim against the defendant (to demand the return of a debt, the return of a thing in kind, the recovery of wages, etc.).

The plaintiff may also demand recognition by the court of the presence or absence of a legal relationship between him and the defendant (recognition of him as a co-author of a work, recognition of the right to living space, recognition of paternity, etc.).

Along with the subject of the claim in civil proceedings, it is customary to single out the material object of the dispute. In view of the obvious and inseparable connection of the latter with the subject of the claim, it should be concluded that the material object of the dispute is included in the subject of the claim and individualizes the substantive claims of the plaintiff. This is especially evident in the presentation of vindication claims filed by the owners.

The basis of the claim are circumstances, facts, with which the plaintiff associates the existence of legal relations submitted for consideration by the court. These are the legal facts on which the plaintiff bases a substantive claim against the defendant. This is evidenced by paragraph 4 of part 2 of Art. 131 of the Code of Civil Procedure, according to which the plaintiff is obliged to indicate what the violation or threat of violation of the rights, freedoms or legitimate interests of the plaintiff and his demands is. Clause 5, Part 2, Art. 131 of the Code of Civil Procedure prescribes that the statement of claim must indicate the circumstances on which the plaintiff bases his claims against the defendant.

Thus, facts and circumstances can be divided into two types:

  1. confirming presence or absence of relationship between the parties in the case (contract, harm to health, property);
  2. confirming plaintiff's claims against defendant(non-fulfillment of the contract, violation of traffic rules, mode of operation of equipment).

Note on the content of the claim

Content of the claim determined by the purpose pursued by the plaintiff, filing a claim. The plaintiff may ask the court to award him a certain thing, to recognize the presence, absence or change of his subjective right. Therefore, the content of the claim should be understood as the plaintiff's request to the court for the award, recognition or change (transformation) of the right.

Thus, the subject of the claim is determined by the claim of the plaintiff to the defendant, and the content of the claim is determined by the claim of the plaintiff to the court. In the content, the plaintiff indicates the procedural form of judicial protection.

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