Article 173 of the Code of Civil Procedure of the Russian Federation. Refusal of the claim by the plaintiff, recognition of the claim by the defendant and settlement agreement between the parties (current version)

Often payment from debtors is received when a claim is filed in court. For example, the debtor had a debt under a supply agreement and did not pay it for a certain time, and when the claimant went to court and the claim was accepted, payment was received. In such situations, the plaintiff may waive the claim by filing a petition.

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Declaration of waiver of claim

The application for refusal is submitted to the same court where the claim was accepted for consideration, indicating the case number and initials of the judge. The plaintiff may file an application at any stage of the case before the court makes a decision.

The application must indicate the following:

• Name of the parties, their details and address, name of the court, address
• The content of the claim should state what case the plaintiff is appealing for, on the basis of what requirements he refuses the case (for example, the parties entered into a settlement agreement, the debtor paid for the goods)

Based on this statement, the plaintiff waives the claims that were presented in the statement of claim. The plaintiff must act independently and not under duress. The refusal of the claim must be clear and reasoned. The court considers the application to abandon the claim within five calendar days and issues an appropriate ruling.

When claims are waived

The law does not separately indicate the reasons for making such a decision, and this is quite logical: in practice there are many situations. The main thing is that the plaintiff acted strictly voluntarily and was aware of the consequences. The reasons for the court are not of great importance if the decision does not violate the rights of other persons and does not contradict the current legislation.

Typically, already stated claims are waived in the following cases:

• the defendant fulfills the obligations imposed on him, that is, a waiver of the claim is issued in connection with the voluntary satisfaction of the requirements;
• termination by the defendant of actions that violate the rights of the claimant;
• loss of relevance of the dispute due to the applicant’s receipt of information, the occurrence of certain events and for other reasons;
• loss of interest in the dispute, etc.

Consequences of refusing a claim

On the basis of civil law, if the claims are abandoned, the court terminates the proceedings. Termination of the case entails consequences, namely, that the plaintiff will not be able to again go to court with claims with the same subject and grounds.

The plaintiff renounces the claims when the issue is settled with the defendant, however, it is necessary to take into account the circumstances that if the defendant voluntarily wants to resolve the issue in dispute, then it is better to conclude a settlement agreement between the parties, because in the future the plaintiff will not be able to re-present similar demands to him, only if changing the subject or basis of the claim.

How to compose correctly

In order for the court to accept without objection a motion to dismiss the claim, it must be presented competently and clearly. It is not necessary to refer to legal norms, although it is advisable to indicate that the citizen understands that the case will be terminated without the possibility of its resumption. The usual details for this form are:

• a heading indicating the court and parties to identify the application;
• name of the form;
• text expressing your decision and motivation;
• signature and date.

Here is an example of a waiver of claims in civil proceedings, drawn up according to all the rules:

One more example:

State duty upon refusal of a claim

When a person files an application to abandon a claim, he does not pay the state fee for this application, but he is entitled to a refund of the state fee for filing the initial statement of claim in court. The state duty is subject to refund from the federal budget in the event of termination of the proceedings, since the refusal of the claim entails the termination of the proceedings, the court must return the state duty paid by the person (more information about the application for the return of the state duty at the link).

The amount to be refunded is indicated in the definition. A person, based on this determination, must obtain a certificate for the refund of state duty from the court that heard the case. The certificate is issued within 5 business days from the date of submission of the application for the certificate. The application must be accompanied by a payment order (payment document) and a copy of the power of attorney (if a representative is acting).

After receiving a certificate from the court, the state duty must be returned by submitting an application to the tax office to which the funds were paid. The following must be attached to the tax application:

1. Payment order (document confirming payment of state duty);
2. Certificate of return from the court;
3. A copy of the court ruling, which states that the state duty is refundable;
4. A copy of the power of attorney (for representatives).

Refunds of state duties by tax authorities are carried out within a month from the date of acceptance of the application.

Why refuse a set of social services?

In Russia, there are categories of citizens who, in accordance with the norms of Federal Law No. 178-FZ of July 17, 1999 (as amended on June 11, 2021), are entitled to state social assistance in the form of a set of social services in kind (NSS):

• free pass;
• Spa treatment;
• free medicines.

But Article 6.3 of Law No. 178-FZ provides that each recipient has the right to submit an application for refusal of the social package to the territorial branch of the Pension Fund and monetize the benefits entitled to him. This opportunity can be exercised once a year - until October 1. When submitting an application during the next calendar year (from January 1 to December 31), the NSI will be replaced by a cash payment (CDV).

It is allowed to replace both the entire NSU package and part of it. For each service there is a monetary equivalent that a person will receive if they refuse in kind.

The cost of social services is indexed annually on February 1. As of October 2021, it has been established that by submitting an application to the Pension Fund to waive the social package, a person has the right to receive:

• the total cost of a set of social services is 1211.66 rubles;
• for sanatorium and resort treatment - 144.37 rubles;
• for medicines, medical products and medical nutrition - 933.25 rubles;
• for travel by suburban railway transport and intercity transport to the place of treatment and back - 134.04 rubles.

This monetary equivalent of the NSO has been established since 02/01/2021 by Decree of the Government of the Russian Federation dated 01/28/2021 No. 73. If one or more social services are retained in kind, their cost is withheld from the monthly cash payment.

If a person has a disability group and is entitled, according to an individual rehabilitation program, to be provided with technical means at the expense of the federal budget, as provided for in Article 11 of Federal Law No. 181-FZ of November 24, 1995, then an application for refusal of a social package for disability to receive such technical means are not affected. Technical aids include wheelchairs, lifts and other devices.

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Waiver of claim or settlement agreement

If the parties have reached a voluntary agreement, then the plaintiff waives the claim. There are two options between the parties, either the plaintiff simply waives the claim without any documented documents, or the parties can enter into a settlement agreement before the court makes a decision.

The settlement agreement is carried out and approved by the court, it is binding between the parties, for example, the parties can agree on the payment of payments for a certain period, which the defendant will have to pay.

Often the parties refuse to enter into a settlement agreement, but this may have consequences in the future, for example (if the debtor promised to pay the amount of debt for a certain period without a settlement agreement, he may not comply with the court’s ruling; in fact, his actions are not documented). A settlement agreement between the parties is concluded with the aim of minimizing risks in the future, so that the parties have something to refer to.

Drawing up a refusal letter

The letter can be written by hand (this format will indicate a special, warm attitude towards the addressee) or printed on a computer.

In this case, it is acceptable to use a simple sheet of paper or a form with company details and a company logo.

The letter of refusal is generated in a single original copy and must be dated and numbered (in accordance with the document flow of the enterprise). In this case, information about it should be included in the journal of outgoing correspondence, noting its date, number and briefly its contents. In the future, this log can become evidence of the creation and sending of a message.

Appealing the refusal of a claim

If the court refuses to accept the application for refusal, then its decision can be appealed. You can appeal a decision to refuse to accept an application for refusal only if it contradicts the law or your requirements and was not made in good faith or legally.

A private complaint is drawn up against the ruling made by the court, in which the person indicates why he does not agree with the court’s requirements. The complaint should indicate with which content of the definition the party does not agree, and provide appropriate references to the law if the content contradicts them. The person must clearly and reasonably state his position. The complaint is filed in the same court in the same case that was considered.

USEFUL : watch the video with tips on appealing a court decision, write your question in the comments of the video

Letter of refusal of a job offer

Not only the company can receive a letter of refusal. In some cases, it can be expressed by a person who has nothing to do with the company: for example, an applicant for a position. If you are such a person, formulate the refusal also in accordance with the rules and regulations of business documentation. Use polite language, indicate the name of the job offered to you, as well as the reason why you are refusing it (do not forget that the potential employer may reconsider the terms of the job offered to you). At the end, be sure to sign and date it.

Consequences of the settlement agreement

According to the civil and arbitration procedural codes of the Russian Federation, the plaintiff’s refusal of a lawsuit presupposes a voluntary settlement of the conflict. Accordingly, each party, without coercion, chooses a settlement agreement. Once the judge confirms acceptance of the request, the case is considered closed.

In this case, the main consequence of abandoning a claim in arbitration or civil proceedings is the inability to resume a similar case. The plaintiff will be able to re-state claims in court only if the subject and basis of the claim change.

READ Application to court to amend claims - sample

How to refuse NSO

To choose EDV instead of in-kind social services, you must contact the Pension Fund of Russia body that serves the beneficiary (where his payment file is located). This is provided for by the Administrative Regulations approved by Resolution of the Pension Fund Board of August 19, 2019 No. 414p. The regulations indicate that such an application for the provision of NSO is a choice of a method for receiving benefits.

The application does not need to be submitted annually if the person does not want to change the way in which they receive social assistance from the state in the current year. For example, if you receive NSU in the form of free provision of medicines and have already replaced sanatorium-resort treatment and free travel with EDV, and do not want to change anything, you do not need to contact the Pension Fund.

But if changes are planned in the method of receiving social assistance next year, you must submit an application for refusal to receive social services to the Pension Fund within the prescribed period. Only in this case, changes will occur from January 1. If you are late in applying to the Pension Fund, you will not be able to change the procedure until next year.

You are allowed to contact the Pension Fund in person or through an authorized representative. Documents are also accepted at MFCs (not all). If a person does not want to visit the Pension Fund or MFC in person, it is allowed to send an application for refusal of the social package through State Services in electronic form. The result of the review will be reported in the manner chosen by the recipient: in electronic form on the public services portal; by registered letter on paper.

The Pension Fund has no right to refuse to change the method of receiving government benefits. A registered application for waiver of benefits for disability or other reasons is a guarantee that benefits will be provided in the chosen form. The Pension Fund sends the registration date in the notification.