Civil claim in court, disputes in civil cases

New edition of Art. 131 Code of Civil Procedure of the Russian Federation

1. The statement of claim is submitted to the court in writing.

2. The statement of claim must indicate:

1) the name of the court to which the application is submitted;

2) the name of the plaintiff, his place of residence or, if the plaintiff is an organization, its address, as well as the name of the representative and his address if the application is submitted by a representative;

3) information about the defendant: for a citizen - last name, first name, patronymic (if any) and place of residence, as well as date and place of birth, place of work (if known) and one of the identifiers (insurance number of an individual personal account, taxpayer identification number , series and number of an identity document, main state registration number of an individual entrepreneur, series and number of a driver’s license, series and number of a vehicle registration certificate), for an organization - name and address, as well as, if known, taxpayer identification number and main state registration number. In a citizen's statement of claim, one of the identifiers of the defendant citizen is indicated if it is known to the plaintiff;

4) what is the violation or threat of violation of the rights, freedoms or legitimate interests of the plaintiff and his demands;

5) the circumstances on which the plaintiff bases his claims and evidence confirming these circumstances;

6) the price of the claim, if it is subject to assessment, as well as the calculation of the collected or disputed amounts of money;

7) information about compliance with the pre-trial procedure for contacting the defendant, if this is established by federal law;

7.1) information about the actions taken by the party (parties) aimed at reconciliation, if such actions were taken;

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.

3. The statement of claim brought by the prosecutor in defense of the interests of the Russian Federation, constituent entities of the Russian Federation, municipalities or in defense of the rights, freedoms and legitimate interests of an indefinite number of persons must indicate what exactly their interests are, what right is violated, and also there must be a reference to a law or other regulatory legal act that provides ways to protect these interests.

If the prosecutor appeals 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 or an indication of the citizen’s appeal to the prosecutor.

4. 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.

A statement of claim submitted by filling out a form posted on the official website of the court on the Internet, containing a request to secure the claim, is signed with an enhanced qualified electronic signature in the manner established by the legislation of the Russian Federation.

Grounds for filing civil claims

Methods for protecting civil rights, including filing a civil claim with the courts, are outlined in the contents of the Civil Code of the Russian Federation. Civil claims are a claim of the plaintiff in relation to the defendant, which arises from a civil legal relationship; it, in turn, is the result of the will of its parties and is directly related to property or other property, which can also include intangible benefits (honor, dignity).

The grounds for the emergence of such a legal relationship are presented in the content of Art. 8 Civil Code of the Russian Federation. Among the most common grounds are an agreement, a transaction, or the acquisition of property. Damage to the property or health of the plaintiff can be considered as a separate basis. Such claims are usually classified as civil claims because they are aimed at compensation for money spent on the restoration of such objects, or compensation for damages for lost property.

The basis for the emergence of a controversial relationship between the plaintiff and the defendant determines the filing of a civil claim; in some cases, the dispute is considered from the perspective of another claim; in this case, everything depends on the specifics of the situation. On the website you can find examples of statements of claim about transactions and contracts that are aimed at compensation for damage, protection of the rights and legitimate interests of the consumer.

We file a claim in court on our own: procedure

“It’s not easy to cope with filing and drafting a claim in court, but it’s possible,” our expert comments. “Now clients come to me who are quite confident in using terms and even articles from legal practice.”

If this is a simple matter, then the algorithm of actions is as follows:

• We draw up the claim itself. • Attached are mandatory and optional documents. • We are awaiting receipt of a summons or court ruling to set a date and time for the consideration of the case.

It would seem that there is nothing particularly complicated in the process, but Elena Pavlovich warns that failure to comply with the form and content of the claim established by the procedural code of the Russian Federation entails refusal to accept the statement of claim, its return or leaving it without consideration.

Prices for statements of claim

STATEMENT OF CLAIM	Price
Statement of claim to court	5000 rub.
Statement of claim for recovery	5000 rub.
Arbitration claim	negotiable
Statement of claim to the defendant	5000 rub.
Statement of claim for termination	5000 rub.
Statement of claim for recognition	negotiable
Statement of claim for marriage	negotiable
Statement of claim for divorce	negotiable
Feedback on the statement of claim	5000 rub.
Claim for alimony	negotiable
Statement of claim for a child	negotiable
Debt claims	5000 rub.
Objection to the claim	negotiable

STATE FEES CALCULATOR
Select the fee:

Enter the amount of the claim in rubles:

Amount of state fee: The fee for filing an appeal or cassation complaint must be paid according to the details of the court in which the complaint will be considered. You need to generate a receipt on the website of the court where the review will take place.

The fee for filing a supervisory appeal must be paid according to the details of the court in which the complaint will be considered. You need to generate a receipt on the website of the court where the review will take place.

What documents can be attached to the statement of claim?

“When I advise a client, I give a clear example,” says Elena Pavlovich. “Themis is just as she is portrayed - the more evidence (written, testimonial and other) on your scale, the more likely it is that the decision will be made in your favor.”

The standard list of applications is regulated by Art. 132 of the Civil Procedure Code of the Russian Federation. As a rule, the following documents are attached:

• Confirmation that the application was sent (by registered mail with a list of attachments for all participants in the process). • Receipt confirming the fact of payment of the state duty (if required). • Documents and evidence confirming the validity of the requirements. • A copy of the statement of claim and confirmation of notification of the defendant. • The calculation on which the amount the plaintiff expects to recover (if any) is based. • If the interests of the plaintiff are represented by another person, documents confirming the legitimacy of his authority will be required.

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Parties to a civil suit

The concept of a claim in civil proceedings

Introduction
A claim (from Latin actio) is an action aimed at protecting one’s right.

The concept of "claim" is used:

when analyzing issues of protecting the subjective rights and interests of a citizen, legal entity, state, constituent entities of the Russian Federation, municipalities, public organizations and an indefinite number of persons;
when studying ways to protect rights and interests, means of recourse to 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 difficulty in developing the concept of “claim” lies in its duality:

as a means of protecting a subjective violated right or from the threat of such a violation (material and legal side);
as a form, type of court proceedings for the consideration and resolution of civil cases (procedural side).

The current Civil Procedure Code, for example, art. 131 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 subsection II of the Code of Civil Procedure is called “Claim Proceedings”.

IMPORTANT!

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

When the concept of “claim” is used in the substantive legal sense, it is necessary to keep in mind such branches of substantive law in which subjects have equal rights and obligations. You can only bring a claim and compete in your innocence 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 or destroy the claim form of proceedings in court, but makes it flexible and more suitable for protecting the right, owned by an individual or legal entity.

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

The procedural and legal side addresses the court with a 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.

A claim is an appeal by an interested person to the court with a demand for the protection of his subjective right or legally protected interest.

When the plaintiff abandons the claim, he does not abandon his appeal to the court, but precisely his claim against the defendant. If the court takes measures to secure the claim, then we are talking about ensuring in the future the implementation of the substantive legal claim of one person against another .

A statement of claim is an important means of initiating proceedings on a specific dispute.

Claims are those when a dispute arose between the plaintiff and the defendant in connection with the violation or challenge of a subjective right and the parties did not resolve it without the intervention of the court, but submitted it to its consideration and resolution.

Right to sue

The right to claim is the 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 ensures everyone the right to go to court.

Code of Civil Procedure of the Russian Federation in Art. 3 establishes: “An interested person has the right, in the manner established by the legislation on civil proceedings, to apply to the court for the protection of violated or disputed rights, freedoms or legitimate interests.”

The two-sided nature of the claim is fully manifested in the concept of the right to claim:

from the substantive side, the right to claim means the right to satisfaction of the claim;
from the procedural and legal side - the right to file a claim in court.

The right to claim as a procedural category, as the right to go to court, can be exercised by filing a claim.

Thus, the right to sue is a form of exercise of the right to sue, the right to judicial protection.

General prerequisites for the right to bring a claim:

the plaintiff has legal standing;
jurisdiction of the case to a court of general jurisdiction;
the fact that there is no final decision on the 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 refusal of the claim or the approval of a settlement agreement between the parties;
the fact of the absence of an arbitration court decision that has become binding on the parties on a dispute between the same parties, on the same subject and on the same grounds, with the exception of cases where the court refused to issue a writ of execution to enforce the arbitration court decision.

Special prerequisites for the right to bring a claim:

mandatory compliance with pre-trial or out-of-court procedures for resolving applications in cases provided for by law (for example, in disputes about non-receipt of mail, in disputes in connection with the transportation of goods by various transport). In case of failure to comply with the mandatory pre-trial claim procedure for resolving a dispute, the relevant person does not lose the right to judicial protection, since after returning the statement of claim for the reason considered, he has the opportunity to eliminate the violation and go to court again.

The procedural significance of the prerequisites for the right to sue is that only their totality gives the interested person the right to go to court. If at least one of the general prerequisites is missing, the court refuses to accept the application. And if it is discovered that there are no prerequisites after accepting the statement of claim and initiating a civil case, the case is terminated at any stage of the process.

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

Parties to a civil suit

Both individuals and organizations, including government agencies, can act as parties to a civil claim. If one of the parties has authority over the other party to the legal relationship, then in most cases, the protection of the right is considered from the perspective of an administrative claim.

In a civil legal relationship, its parties are equal subjects. In this regard, the possibility of protecting a violated right directly depends on the will of the party to the disputed relationship, who has the need to apply to the judicial authorities with a civil claim.

The pleading part of the statement of claim

In the pleading (or operative) part of the statement of claim, give your demands to the defendant (clause 4, part 2, article 131 of the Code of Civil Procedure of the Russian Federation). If there are several respondents, clearly indicate the requirements for each of them.

When can several claims be combined in one statement of claim?

As a general rule, you have the right to do this if the requirements are related to each other (Part 1 of Article 151 of the Code of Civil Procedure of the Russian Federation). It is in your interests to combine requirements, since this way you can resolve several controversial situations at once in one process.

Requirements that arose from the same legal relations can be considered related. For example, demands for collection of the principal debt and penalties under one contract.

Under certain circumstances, claims that arose from different legal relationships, including different contracts, can also be considered related. However, in any case, there must be something that unites these requirements. This may be, in particular, identical evidence (for example, a statement of discovered defects in the product).

Please note that combining demands should lead to a faster and more correct resolution of the dispute. If the court decides that it is advisable to consider the claims separately, it will separate one or more combined claims into separate proceedings (Part 2 of Article 151 of the Code of Civil Procedure of the Russian Federation).

Make sure you include all your requirements and that they are stated clearly and unambiguously. This is very important because it is on these requirements that the court will make a decision. And if, for example, in the descriptive part you indicated that your right was violated, but did not say anything about this in the petition, the court will most likely ignore this violation.

In the pleading part, you can also present procedural requests to the court - for example, to secure a claim or to obtain evidence. However, if the petition requires separate explanations and justification, it is recommended that it be drawn up as a separate document and attached to the statement of claim.

Types of claims depending on the substance of the stated claims

The Civil Code presents a grouping of claims; the basis for classification is the category of the dispute. It is worth noting that each category may have more specific requirements. As an example, we can consider the practice of magistrates’ courts, which, within the framework of Art. 28 Code of Civil Procedure of the Russian Federation considers the following types of claims:

About divorce;
On the division of property between spouses (up to 50,000 rubles);
On inheritance (up to 50,000 rubles);
On determining the procedure for using property.

District courts deal with disputes that are not within the jurisdiction of magistrates. Based on this, we can conclude that the type of claim, determined depending on the substance of the demand that was put forward, determines the jurisdiction of the case.

The claim and its elements

§1.5. Composition and structure of the claim

After considering the main points of view regarding the basic issues of the theory of the claim, we will move directly to the question of the meaning of the composition and structure of the claim.

In legal literature, and in practice, it is customary to speak and use the term “elements of the claim” and only in passing, in passing, the term “composition of the claim.” There are virtually no works devoted to the question of what the elements of a claim are101.

A natural question arises: are the elements of a claim independent phenomena, things in themselves? Then these are not elements at all, since an element is always an integral part of a complex whole.

Hegel noted that the parts are different from each other and independent. But they are parts only in their identical relation to each other, or, in other words, insofar as they, taken together, constitute the whole.

G.L. Osokina writes that not a single individual element can be correctly understood if it is considered in isolation from the claim as a whole, of which it is an element. Therefore, the purpose of the elements of the claim is to reveal the content of the claim as a requirement for the protection of rights and interests. Each element of the claim carries a certain semantic load that characterizes the claim from one of its essential aspects102.

Scientists have repeatedly noted that the elements of the claim have several features:

1. They serve as features that define a given claim and distinguish it from any other claim, or, as it is commonly called, they individualize the claim;

2. They are descriptive in nature and serve to inform the court of what its inquiry and decision will involve, as well as to inform the defendant of the need for defense and preparation for it103.

Elementum - literally translated from Latin: element, original substance - a concept meaning primary particles, the combination of which makes up the whole variety of objects and phenomena of the material world. It reflects the level of human knowledge about the structure

objects and phenomena, and any structure presupposes structure or composition.

In the literature it is noted that the elements of a claim are understood as such components that together determine the independence and individual certainty of the claim104.

If the elements of a claim are its components, then it is more correct, logical and inevitable to talk about the composition of the claim. However, a claim is not just a collection of elements randomly piled up and collected in one place. Each of them plays a specific role and is interconnected with the other parts of the claim. The specified functions of the elements of the claim and their relationship together form the structure of the claim.

The need to cover the entire complex of legal phenomena associated with the interaction of the elements of the claim, their logical connections and distinctions required the introduction into the conceptual apparatus of such categories as the composition and structure of the claim.

The main point of introducing such a category is to:

firstly, having brought all possible elements of the claim into the system, determine the place and role of each of them and the functions they perform;

secondly, to identify the hierarchical role of these elements, as well as the sequence of natural connections between them.

It seems that the development of this category will save proceduralists from many long-worn disputes and problems that have become eternal.

Various proceduralists identify two to four elements in a claim. These include: basis, subject, content and sides. The significance of highlighting the elements of the claim is seen by most authors in the fact that they are used to determine the internal and so-called “external identity” of the claim, i.e. elements serve as a means of individualizing claims105.

Sometimes they add to this that the subject and basis of the claim determine the boundaries of the subject of proof, the limits of the trial106. However, this addition is not accurate, since the subject of proof, in addition to the claim, is also formed from the defendant’s objections.

Authors who adhere to the position of highlighting such an element of the claim as “content” often say that the subject of the claim (by which some authors understand a subjective right or legal relationship107, while others understand the claim of the plaintiff to the defendant or the legal relationship within which the plaintiff’s subjective right was violated108) determines content of the claim (which refers to the action of the court/method of judicial protection for which the plaintiff seeks)109.

This position seems controversial, if only because the same right can be protected in different ways (for example, the right of property can be protected by both recognition and award). That is, it is completely unclear how the subject (law, legal relationship) influences the content (method of protection).

All of these positions are similar in that their authors see the claim as a complex phenomenon that has its own internal structure, and try to identify the relationship between its elements. Such a relationship certainly exists and it must be revealed.

A different view on the issue under consideration was expressed

O. V. Isaenkova, who came to the conclusion that if, based on the definition of the concept “element,” we try to find out the relationship between the subject, basis, content and parties as elements (components) of the claim with the claim as a whole, a violation of the laws of logic will become obvious. On the basis of which it was proposed to abandon the term “elements of the claim” in favor of another “characteristic features of the claim”110.

This position, although not supported by the available literature, may have far-reaching consequences that may not be so obvious at present. In particular, for example, if we take it as a basis, the conclusion inevitably follows that a claim is the simplest, from a structural point of view, phenomenon, similar to the simplest single-celled biological organisms. From this position, it becomes unclear how the claim can be changed during the process. This position also has other disadvantages.

It seems that in this case the author, wittingly or unwittingly, replaces one initial phenomenon with another, and, therefore, when constructing a judgment, he proceeds from incorrect premises.

For example, it is stated that the cause of action arises and exists before the claim arises, and also plays the role of its prerequisite111. Moreover, by the basis of the claim the author understands the totality of legal facts and rules of law.

However, neither the totality of legal facts, nor the rules of law, nor even their total amount in themselves are the basis for the claim (even if we admit that the basis for the claim is their totality). They can become the basis of a claim only when they substantiate its other constituent element - the subject. Without an object there can be no foundation. Otherwise, we will come to the conclusion that any legal fact (since it is impossible without a rule of law) will need to be called a cause of action, which we do not do for obvious reasons. It should also be noted that the same legal fact can become the basis for several different claims by one person or several persons.

In addition, recognizing the basis of a claim as simply a legal fact in conjunction with a rule of law, regardless of the subject of the claim and the fact that they must be stated in the form of a statement of claim, leads to certain consequences. In particular, the logical development of this approach inevitably leads to the fact that if during the court hearing it turns out that a legal fact (the basis of the claim - according to O.V. Isaenkova and M.A. Vikut) did not actually take place, it is necessary to recognize the absence the claim as such (namely, there was no claim, not that the claim “disappeared”). Consequently, with this approach the whole process becomes pointless. Under such circumstances, it would be logical to terminate the proceedings rather than make a decision to reject the claim, since there was no claim as such. Otherwise, we will come to the conclusion that the claim can exist without one of its essential elements/characteristics.

Similarly to the above, the position of these authors on the subject of the claim, by which they understand the substantive right of claim or legal relationship, seems controversial112. Both the substantive right of claim and the legal relationship arise and exist before they are stated in the form of a statement of claim. However, neither one nor the other in itself is the subject of a claim (similar to the above: there may be a claim, but there is no legal relationship). They become such only when, together with another element of the claim (grounds), they are presented in the form of a statement of claim.

In my opinion, the point of view of R. E. Gukasyan is justified that the court is dealing not with the circumstances that actually exist that serve as the basis for the claim, but with the plaintiff’s statement about the existence of these circumstances. The elements of the claim owe their existence only to the will of the plaintiff and have a purely procedural significance113.

Objections raised in the literature against this position114 seem unfounded and have no practical significance. The court must consider the case precisely according to the circumstances specified by the plaintiff in the statement of claim and in relation to the method of protecting the right chosen by the plaintiff.

If in the statement of claim the plaintiff did not indicate any circumstances, did not interpret them correctly, or chose an inappropriate method of protecting the right, the court should not look for any reasons to satisfy the statement of claim, but consider the case on the basis of what the plaintiff indicated. Otherwise, it will be impossible to talk about the independence of the court, the equality of the parties, the adversarial and dispositive nature of the civil process. Later, in the chapter on the nihilistic approach, I will dwell on this aspect in detail.

The following statement also seems controversial: “No matter how a claim is defined..., it is an abstract category, and the actually existing parties to the claim proceedings cannot be part of it”115.

As an objection to this point of view, one can cite the words of I. P. Greshnikov: “Of particular interest is the fundamental division by Roman lawyers of an individual (homo) with his immediate desires, character, will, feelings and a civil legal personality - a person (persona singularis), by which was meant an individual person who exists only in a legal space organized in a special way (in courts, within the framework of lawmaking). Persona singularis is a legal fiction that exists outside the boundaries of society, tradition, religion and, to some extent, is timeless. It denotes a special place where all people (if they are subjects of law) are considered equal.”116

In reality, there are no parties to the claim proceedings - this is only the status that is given to the subjects participating in the case. And the “subject” itself is no more real than the claim. This term is also just a status that the state gives to individuals and their associations so that they can participate in legal relations. There are well-known cases when individuals (homo) were not endowed or only limitedly endowed with such status and, therefore, were actually either limited in the status of Persona singularis or did not have it at all.

Speaking about the need to abandon the category of “element of claim,” M. A. Vikut also pointed out that the term “element of claim” is unknown to the law117. This is true, but the term “characteristic features of the claim” is also not used by the legislator. In addition, the replacement of one established term “element of the claim” with another “characteristic feature of the claim” is very controversial.

At the same time, despite the above, the position of O. V. Isaenkova is quite applicable to consideration of issues of substantive law. For example, A. A. Novoselova and T. P. Podshivalov (though without reference to the work of O. V. Isaenkova) note that in the absence of at least one of the elements (by which they mean: the parties, the subject and basis of the claim), the presentation a claim in rem becomes impossible118.

Such a statement, within the framework of the procedural branch of law, is meaningless. But in relation to issues of substantive law, it undoubtedly matters. Its meaning is that a claim (as a substantive legal category) can exist only if there are parties, a subject or a basis. If there is no defendant, there is no one to sue, if there is no basis for the claim (violation of a right or violated right) then the claim will not be satisfied (from the point of view of substantive law, such a claim does not exist, since there is no corresponding protective right).

Considering the issue of the structure of the claim, one cannot help but dwell on the position of the authors who present the claim as a procedural activity of the plaintiff. According to supporters of this concept, a claim is all the activities of the plaintiff, provided for by civil procedural legislation and aimed at initiating a process and justifying the plaintiff’s subjective rights violated or disputed by the defendant119.

This position120, as well as the one discussed earlier, “takes away” its structure from the claim. If, based on it, we try to imagine the subject and basis of the claim, then the author will inevitably get entangled in such a tangle of contradictions from which it will be impossible to get out.

The elements that make up an activity do not exist simultaneously, but replace each other and are in motion. From this position, it would be necessary to recognize that at first in the process there is one element of the claim, which subsequently changes to another (it is possible that the second element of the claim will subsequently change to the first or third, etc.). However, all elements of the claim (as we tried to show above) exist simultaneously and simultaneously appear in the process.

Relatively recently, the literature began to highlight such an element of the claim as the parties. The isolation of this element is entirely based on the point of view of “external identity” and, in fact, is not justified by anything else in the literature. This means that the parties do not have the relationship that exists between such elements as subject and basis, due to which legal facts become the basis of the claim (if one adheres to this point of view), and the right of claim or legal relationship is its subject (if one adheres to this point of view) .

According to G.L. Osokina, the significance of the elements of the claim... is that each of them is necessary, and together they are sufficient to individualize the claim, i.e. determining its identity; resolving the issue of the possibility of changing the claim during its judicial consideration; determining the subject of evidence in the case; determining the composition of the persons participating in the case; determining the possibility of combining several claims in one proceeding121. However, it appears that all of the above is not central to the elements of the claim.

The main significance of the elements is that they, taken together and interconnected, form a claim. The terms “composition of the claim” and “structure of the claim” have a right to exist, since they exist objectively.

Without any of the elements there is no claim, or vice versa - the claim as a whole can exist if its composition and structure are complete, i.e. only if all the necessary elements and connections between them are present.

Based on the above, the following conclusions can be drawn:

1) A claim is a complex legal structure consisting of a certain number of elements.

2) There is a close relationship between the elements of the claim: the basis of the claim is such only in relation to the subject of the claim, and vice versa - the subject of the claim is such only in those cases when it is supported by the basis. That is, the mere presence of elements does not constitute a claim. Only the presence of a complete composition and structure (connections and distinctions between elements) forms the claim itself. It is the totality of interrelated elements that forms the composition and structure of the claim. If one of them is missing, there can be no claim.

3) The composition of the claim cannot exist on its own. To exist, it must be clothed in the form of a statement of claim. We should agree with those authors who consider the relationship between the claim and the statement of claim as a relationship between content and form122. However, this connection is one-sided, since one form may contain content other than the claim.

It seems necessary to develop, within the framework of the theory of civil procedure, the concepts of composition and structure of a claim. For now, we can only limit ourselves to highlighting the elements whose presence is necessary in the composition of the claim. These are:

1. An element containing a claim to the court (this element is necessary both when looking at a claim as a procedural category and when looking at a claim as a dual phenomenon). For various authors, this role is played by such elements as subject (G. L. Osokina) or content (M. A. Gurvich, M. A. Rozhkova);

2. An element containing a claim against the defendant (this element can only be contained by supporters of the dual concept of a claim). For domestic authors, this role is played by the subject of the claim (A. A. Dobrovolsky, S. A. Ivanova, M. A. Rozhkova);

3. The need to identify parties/subjects as an element of the claim exists only when approaching the claim as a dual phenomenon. In this case, this element indicates the one who makes the substantive claim and the one to whom this claim is made.

4. An element that substantiates the requirement/requirements - the basis (necessary in any concept).

Taking into account the above, the position of proceduralists who believe that the type of judicial protection sought (the content of the claim) is better included in the content of such an element of the claim as the subject123 is not fully thought out. Such an opinion would be justified when approaching the subject of the claim as an element containing a claim to the court. Since this is not the case, it turns out that the author proposes to “translate” the element responsible for the procedural side of the claim into the element responsible for its material side. If we add to what has been said that the author is a supporter of the claim as an exclusively procedural category, then the complete inconsistency of his views on this issue becomes obvious.

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Reasoning part of the statement of claim

In this part, provide the legal basis for your claims. When applying to a court of general jurisdiction, it is not necessary to refer to legal acts, but it is recommended to do so.

List all the rules that the defendant violated and which provide for liability for his actions (inaction). The most important rules can be quoted, but lengthy articles should not be cited in full, especially if not all of their points are directly relevant.

Quotations from standards should not make the statement difficult to read. Instead of a lengthy quotation, you can briefly indicate what the norm is about.

It is also not necessary to refer to judicial practice, but if there are positions of higher courts on your dispute, it is better to indicate them. If there are no such positions, references to acts of cassation or appellate courts will not be superfluous. Give preference to the practice of the entity where your dispute will be considered. The texts of judicial acts do not need to be attached to the claim.

It is inappropriate to provide references to judicial acts if you have an ordinary dispute in which there is a long-established approach in practice. Also, references are not needed when the situation is essentially indisputable, but you need to get a court decision. For example, if you are collecting a debt that the defendant admits.