Statement of claim – a procedural document by which a party applies to the court to resolve a dispute about a right or legitimate interest.
The statement of claim is submitted to the court in writing. It can be filed in person with the judge, through the court office, or by mailing it to the court.
Structure of the claim
1.Introductory part of the statement of claim- in the upper right corner of the introductory part
statements indicate:
· name of the court of first instance to which the application is filed, i.e. the magistrate of which judicial district, which district (regional, military, etc.) court it is addressed to;
· Full name is given. and place of residence (mailing address) of the plaintiff-citizen. When submitting an application, an organization shall indicate its legal form, corporate name and location. When filing a statement of claim by several plaintiffs, the relevant information is provided in each of them. Telephone numbers, fax numbers, addresses may also be indicated email plaintiff(s);
· relevant information is also indicated about the defendant(s); third parties;
· in case of a claim subject to assessment, its price must be indicated;
· in the middle of the sheet the name of the appeal is given, indicating the claim against the defendant, for example, a statement of claim for recognition of the right to a land plot.
2. Reasoning part of the statement of claim- is stated in any form, but must necessarily contain an indication of what the violation or threat of violation of the rights, freedoms or interests of the plaintiff protected by law consists of. The plaintiff must refer to the circumstances on which he bases his claim, as well as provide evidence confirming these circumstances.
The plaintiff must refer to laws and other regulations that the court, in his opinion, will have to apply when considering a civil case.
3. The pleading part of the statement of claim - contains a request from the plaintiff to satisfy his demands. It also indicates the method of protecting the violated or disputed right, for example: recognizing the right of ownership, collecting a certain amount of money, not creating obstacles in the use of property, etc. Here the plaintiff’s request can be formulated, for example, to obtain evidence; about securing a claim, etc.
Attachments to the statement of claim- here is a list of documents attached to the statement of claim.
When considering disputes related to land, it is necessary to submit documents confirming the rights to the land plot to the court. Documents confirming land rights may be:
Acts issued by authorities state power or organs local government within the framework of their competence and in the manner established by the current legislation of the Russian Federation;
Contracts for the purchase and sale (exchange, donation) of land;
Certificates of the right to inheritance (by law and will),
Court decisions that have entered into legal force, and others.
The statement of claim must be accompanied by documents confirming payment of the state fee.
The statement of claim is signed by the plaintiff or his representative having the appropriate authority.
Types of claims
1. Claims for recognition
A claim for recognition is a claim aimed at confirming by the court the existence or absence of a certain legal relationship. They are divided into two types:
Positive claim for recognition - aimed at confirming the existence of certain rights and obligations (ownership rights to housing, rights of authorship, etc.);
A negative claim for recognition is aimed at confirming the absence of certain rights and obligations (to challenge the paternity record, to invalidate a transaction, to invalidate a marriage).
2. Claims for award
A claim for award is a claim aimed at the forced execution of the defendant’s obligation confirmed by the court (to transfer sums of money, property, vacate residential premises, land)
Often, claims for recognition and award are combined in one statement of claim - recognition of the purchase and sale transaction of an apartment as invalid and the eviction of the previous owners from it.
3. Claims for conversion
A claim for transformation is a claim aimed at terminating, changing, or creating a new material legal relationship.
A court decision on a transformative claim acts as a legal fact of substantive law, which changes the structure of the material legal relationship of the parties (claim for the allocation of a share from joint property; claim for divorce, etc.)
Details of the claim
- name of the court to which the application is submitted;
- the name of the plaintiff, his place of residence or, if the plaintiff is an organization, its legal address, as well as the name of the representative and his address if the application is submitted by a representative;
- the name of the defendant, his place of residence or, if the defendant is an organization, its legal address;
- what is the violation or threat of violation of the rights, freedoms or legitimate interests of the plaintiff and his demands;
- the circumstances on which the plaintiff bases his claims and evidence supporting these circumstances;
- the price of the claim, if it is subject to assessment, as well as the calculation of the collected or disputed amounts of money;
- information about compliance with the pre-trial procedure for contacting the defendant, if this is established by federal law or provided for by the agreement of the parties;
- list of documents attached to the application.
The application may indicate telephone numbers, fax numbers, email addresses of the plaintiff, his representative, the defendant, other information relevant to the consideration and resolution of the case, as well as the plaintiff’s requests.
In a statement of claim brought by the prosecutor to protect the interests of Russian Federation, subjects of the Russian Federation, municipalities or in defense of the rights, freedoms and legitimate interests of an indefinite number of persons, it must be indicated what exactly their interests are, what right has been violated, and there must also be a reference to the law or other regulatory legal act that provides for ways to protect these interests. If the prosecutor applies to protect the legitimate interests of a citizen, the application must contain a justification for the impossibility of bringing a claim by the citizen himself.
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.
Documents attached to the statement of claim
- its copies in accordance with the number of defendants and third parties;
- a document confirming payment of the state duty;
- 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, copies of these documents for defendants and third parties, if they do not have copies;
- text of the published normative legal act if it is contested;
- evidence confirming the implementation of the mandatory pre-trial dispute resolution procedure, if such a procedure is provided for by federal law or agreement;
- calculation of recovered or disputed sum of money, signed by the plaintiff, his representative, with copies in accordance with the number of defendants and third parties.
Notes
Literature
- Large legal dictionary. / Ed. prof. A. Ya. Sukhareva. - M.: INFRA-M, 2007.
- Civil Procedure Code of the Russian Federation of November 14, 2002 N 138-FZ
Links
- Samples of filing claims and other documents for cars.
- Sample statements of claim (Free legal advice in Belarus)
- Statement of claim to the court for compensation for damage caused by an accident and other examples.
- Statement of claim for recognition of ownership of real estate.
Wikimedia Foundation. 2010.
See what a “Statement of Claim” is in other dictionaries:
Statement of claim- (English statement of claim) in civil proceedings, a form of expression of a claim, a written document corresponding to the subject, basis and content of the claim, containing information, provided by law. From. to the arbitration court... Encyclopedia of Law
Legal dictionary
STATEMENT OF CLAIM Legal encyclopedia
See the lawsuit... Big Encyclopedic Dictionary
statement of claim- external form of expression of the claim; must contain certain details: the name of the court to which it is addressed, the names and addresses of the parties, the factual grounds of the claim and supporting evidence, the content and price of the claim, a list of attached... ... Large legal dictionary
See Claim. * * * STATEMENT OF CLAIM STATEMENT OF CLAIM, see Claim (see CLAIM) ... Encyclopedic Dictionary
Statement of claim- a document of the form and content established by law, in which the plaintiff sets out legally significant facts and substantive legal requirements for the defendant. The statement of claim must indicate: a) the name of the court to which the application is submitted; b)… … Large legal dictionary
Documentary form of expressing a claim. From. must contain a number mandatory details: name of the court to which it is addressed, names and addresses of the parties, factual grounds for the claim and evidence supporting them, content and price of the claim,... ... Encyclopedic Dictionary of Economics and Law
The external form of expression of the claim must contain certain details: the name of the court to which it is addressed, the names and addresses of the parties, the factual grounds of the claim and evidence supporting them, the content and price of the claim. list... ... Encyclopedia of Lawyer
See the lawsuit... Great Soviet Encyclopedia
Books
- Statement of claim. What they don’t teach students, Elena Sergeevna Koshcheeva. This publication examines the features of independently drawing up a statement of claim and an administrative statement of claim filed in a court of general jurisdiction; The requirements that...
Statement of claim is a document of written form and content established by procedural law, in which the plaintiff sets out the substantive and legal requirements presented to 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 defendant to legal protection. This written document must contain information: about the name of the court to which the application is being submitted; the names of the plaintiff and defendant, their place of residence, if an organization acts as a 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 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 collected or disputed amounts of money; compliance with the pre-trial procedure for contacting the defendant, if provided.
In addition, the statement of claim lists the telephone numbers, fax numbers, email addresses of the plaintiff, his representative, the defendant, as well as any other information relevant for the proper consideration and resolution of the dispute.
Some features are characteristic of the statement of claim brought 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 number of persons. The prosecutor is obliged in his own written request to emphasize what exactly the violation or challenge of rights and interests is and what law provides for them. If the prosecutor appealed to protect the rights of a citizen, then it is necessary to justify why the personally interested person cannot go to court on his own, or indicate the citizen’s appeal to the prosecutor (Part 3 of Article 131 of the Code of Civil Procedure).
The statement of claim is accompanied by: its copies in accordance with the number of defendants and third parties; a document confirming payment of the state duty; 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 challenge; evidence indicating compliance with the mandatory pre-trial dispute resolution procedure; calculation of the amount of money to be recovered 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 of any flaws in the written request in terms of form and content makes it legally void, and therefore the court must make a ruling to leave the statement of claim without progress.
The current Code of Civil Procedure allows filing a claim in person or by mail, in contrast to the Arbitration Procedure Code, which allows the plaintiff to submit the necessary documents electronically by filling out forms posted on the official website of the arbitration court on the Internet. For this purpose, persons are registered in the "Electronic Guardian" system, and the person registered when submitting documents through the creation of his account, forming " personal account", is a user of the document submission system. In order to optimize electronic filing with arbitration courts, Order of the Supreme Arbitration Court of the Russian Federation dated January 12, 2011 No. 1 approved the Temporary procedure for filing documents with arbitration courts of the Russian Federation in electronic form.
- The Constitutional Court of the Russian Federation, by Decree No. 474-0 dated December 18, 2003 “On the refusal to accept for consideration the complaint of citizen Alexander Vladimirovich Chumakov about the violation of his constitutional rights by Article 132 of the Civil Procedure Code of the Russian Federation,” confirmed the constitutionality of Art. 132 of the Civil Procedure Code, which requires documents confirming the circumstances on which the plaintiff bases his own legal claims to be attached to the statement of claim.
from 31/12/2018
Any case, after considering the claim on its merits, ends with a decision; on all other procedural issues, a court ruling is made.
Why might a person who has made a decision on a decision need knowledge about the procedure for making and the meaning of court decisions? This information has practical significance from the point of view of the ability to appeal a court ruling that for some reason appears to be illegal or unfounded. And such information is posted below.
Court ruling during consideration of a civil case on the merits
During the initial consideration of claims, the court must make rulings: on admission to proceedings or on scheduling a preliminary court hearing, etc. It reflects the result of resolving applications and petitions, etc. That is, for each request of any of the parties, the court expresses its position on its relativity to the case by issuing a ruling.
Most of the rulings made by the court by persons participating in the case (,) can be filed. This possibility should be expressly provided for by the Civil Procedure Code. And the court's ruling must contain a reference to the possibility of appeal. The period for filing a complaint against the determination will be 15 days.
In particular, you can file a complaint against court rulings on the following issues:
- acceptance, motion and return of the claim (Articles 134-136 of the Code of Civil Procedure);
- legal expenses (about reduction, etc.);
- restoration of the deadline for going to court (statute of limitations);
- acceptance of material (Article 76 of the Code of Civil Procedure);
- (Article 213 of the Code of Civil Procedure), etc.
Regarding determinations that are not subject to appeal, the parties to the case and third parties can prepare their objections. They should be reflected in . Arguments about the illegality of the determination or disagreement with it can be included in the text.
The procedure for making a ruling by the court
The court's ruling does not resolve the plaintiff's claims on the merits. Such a document, after the receipt of a party’s petition or on the direct instructions of the Civil Procedure Code, is issued by the court or in the deliberation room, or, if the question raised is not complex, without removal directly at the preliminary or main court hearing. The determination is announced immediately.
The ruling can be drawn up on a separate paper, or it can simply be entered into the minutes of the court hearing (for example, on the inclusion of some material evidence, etc.). If it is drawn up in writing, then its content must necessarily reflect the name of the court, the persons participating in the case, the date and place of preparation, the subject of the claim, the issue in respect of which the ruling is made, the court’s explanations and a description of the motives that formed the basis for the consideration of the specified the issue and the operative part - how this procedural issue was resolved: “refuse to take interim measures”, etc.
The determination comes into force immediately from the moment of announcement. The document regarding the progress of the claim (leaving it without progress, termination or suspension of the proceedings) must be sent to all persons participating in the consideration of the civil dispute within 3 days after such a decision is made. If they did not participate in the court hearing, having been duly notified (). Well, the court ruling is handed to those present immediately.
Ruling of the cassation court
You can appeal a court decision that has entered into force through the cassation procedure. For this purpose, according to the rules, it is sent to court. The court may return it without consideration (when it was filed by an unauthorized person or the appeal period has been violated, etc.), or make one of the following rulings:
- On the transfer of a cassation appeal for consideration at a court hearing
- Refusal of such transfer.
Based on the results of consideration of the cassation appeal on the merits, the court will issue either a ruling or a resolution: a final procedural act, by which the cassation appeal will be declared unfounded and the decision cannot be canceled, or the original court decision will be canceled with justification of the legal position of the cassation court.
What is a private court ruling?
The court's definition of private is interesting. Unfortunately, it is not used too often. What is a private court ruling?
The document is issued if a violation of the law is detected. For example, upon review, the court will find that the organization is not working to formalize labor relations. Or other employee rights are violated. In order to eliminate such violations, the court may send a private ruling to such organization or its officials. This is the court's private ruling.
After receiving such a document, the addressee is obliged to send information to the court about the measures taken within 1 month or may be subject to a fine. If during the consideration of the claim signs of a crime are revealed, the court does not issue a private ruling, but sends the relevant information to the inquiry or preliminary investigation authorities.
Clarifying questions on the topic
Legal Advisor
Anastasia
Valery Borisovich
Statement of claim- a procedural document with the help of which the right to appeal to the economic court is exercised.
Submission of a statement of claim is a form of exercising the right to claim. To file a claim means to apply to the economic court with a statement, which must contain a request addressed to the court to consider a dispute about the law that has arisen.
A claim is defined in legal literature as a person’s demand to protect one’s own or someone else’s right or legally protected interest.
Appeal to the economic court is carried out in the form of a statement of claim in disputes that arise from economic legal relations.
Economic procedural law distinguishes the concept of “claim” in the procedural and material sense. A claim in the procedural sense is a demand addressed to the court of first instance to protect one’s rights and interests. In this aspect, the claim is a means of establishing a business process. A claim in the material sense is the right to satisfaction of one’s claims.
Elements of the claim- its structural components, which collectively determine its content. There are two elements of the claim:
- a) the subject of the claim;
- b) grounds of claim.
Isolating the elements of the claim is important in the issue of preventing the presentation of identical claims - between the same parties on the same subject and on the same grounds. Submitting a claim identical to what has already been considered by the court is not permitted. If such a claim is filed in court, then in accordance with Art. 62 of the Code of Civil Procedure, the economic court refuses to accept a statement of claim if the execution of the economic court or other body, which within its competence resolves the economic dispute, is on the right of a dispute between the same parties, on the same subject on the same grounds, or there is a decision of these bodies from such a dispute.
Subject of the claim as a requirement for the protection of a violated or disputed right or interest protected by law is a method of protecting this right or interest. Causes of action are facts that support a claim to protect a right or legitimate interest. The grounds of claim include only legal facts, that is, those with which the rules of substantive law connect the emergence, change or termination of the rights and obligations of the subjects of a controversial substantive legal relationship. There are factual and legal (legal) grounds for a claim.
When defining the subject of a claim as a method of protecting a right or interest, you should pay attention to the list of ways to protect civil law and interest set out in Art. 16 Central Committee. Ways to protect civil rights and interests can be:
- 1) recognition of the right;
- 2) recognition of a legal transaction as invalid;
- 3) termination of an action that violates a right;
- 4) restoration of the situation that existed before the violation;
- 5) forced performance of duties in kind;
- 6) change in legal relationship;
- 7) termination of the legal relationship;
- 8) compensation for losses and other methods of compensation for property damage;
- 9) compensation for moral (non-property) damage;
- 10) declaring illegal the decisions, actions or inaction of a government body, a government body of the Autonomous Republic of Crimea or a local government body, their officials and employees.
The court may protect a civil right or interest in another way, as established by agreement or law.
Article 20 of the Civil Code establishes that every business entity and consumer has the right to protect their rights and legitimate interests. The rights and legitimate interests of the designated entities are protected by:
recognition of the presence or absence of rights;
recognition as fully or partially invalid of acts of state authorities and local self-government bodies, acts of other entities that contradict the law, infringe on the rights and legitimate interests of a business entity or consumers; invalidation of business agreements on the grounds provided for by law;
restoration of the situation that existed before the violation of the rights and legitimate interests of business entities;
termination of actions that violate the right or create a threat of its violation;
assignment to perform duties in kind;
compensation for losses;
application of penalties;
application of operational and economic sanctions;
application of administrative and economic sanctions;
establishment, changes and termination of economic legal relations;
in other ways provided by law.
It is necessary to distinguish the concept " lawsuit" And " statement of claim". Yes, a statement of claim may contain several claims. The claim may change during the hearing of the case (change in the subject, grounds of the claim), but the statement of claim as a written form of the claim remains unchanged.