How to properly file a claim in a court of general jurisdiction under the new rules

How to file a claim in arbitration court?

Who has the right to file a claim?

Any interested party who needs protection of their violated or disputed rights and legitimate interests has the right to file a claim in the arbitration court. To do this, two main criteria must be met.

Grounds for filing a claim in arbitration court

The first criterion is the economic nature of the dispute. The arbitration court considers disputes that arise from business or other economic activities. Economic disputes include disputes arising from civil, administrative and other public legal relations (for example, tax, customs).

Along with the economic nature of the disputes, another criterion is applied - the subject composition. The arbitration court considers disputes with the participation only of legal entities and individual entrepreneurs, and in cases provided for by law, with the participation of state and other bodies, and individuals.

These competency criteria are applied collectively. The absence of one of them makes the dispute beyond the jurisdiction of the arbitration court.

At the same time, the Arbitration Procedural Code provides for an exception to this rule: cases within the special competence of the arbitration court, regardless of the subject composition . These are the cases:

1. about insolvency (bankruptcy);
2. on corporate disputes;
3. on disputes regarding refusal of state registration, evasion of state registration of legal entities and individual entrepreneurs;
4. on disputes arising from the activities of depositories, which are related to the recording of rights to shares and other securities and the implementation of other rights and obligations provided for by federal law;
5. on disputes arising from the activities of public law companies, state companies, state corporations and related to their legal status, the procedure for managing them, their creation, reorganization, liquidation, organization and the powers of their bodies, the liability of persons included in their bodies;
6. on disputes on the protection of intellectual rights with the participation of organizations engaged in collective management of copyright and related rights, as well as on disputes within the jurisdiction of the Intellectual Rights Court;
7. on the protection of business reputation in the field of entrepreneurial and other economic activities;
8. on disputes involving persons subject to restrictive measures (international sanctions);
9. other cases arising during the implementation of entrepreneurial and other economic activities, in cases provided for by federal law.

Rules and procedure for filing a claim in the arbitration court

Filing a claim with the arbitration court of Moscow, as well as other cities, is the next course of action. a claim to the defendant . The deadline for filing claims in the arbitration court is after thirty calendar days from the date of sending the claim (demand), unless a different period and (or) procedure is established by law or agreement.

The claims procedure is not required if the following cases are being considered:

• on establishing facts of legal significance;
• on the award of compensation for violation of the right to legal proceedings within a reasonable time or the right to execution of a judicial act within a reasonable time;
• about insolvency (bankruptcy);
• on corporate disputes;
• on the protection of the rights and legitimate interests of a group of persons;
• writ proceedings;
• related to the performance by arbitration courts of assistance and control functions in relation to arbitration courts;
• on the recognition and enforcement of decisions of foreign courts and foreign arbitration awards;
• when applying to the arbitration court of the prosecutor, state bodies, local government bodies in defense of public interests, rights and legitimate interests of organizations and citizens in the field of business and other economic activities.

If the claim procedure is not followed, the statement of claim is subject to return by the court, and if accepted for proceedings, it is left without consideration.

Which arbitration court should I apply to?

As a general rule, a statement of claim must be submitted to the arbitration court at the location (place of residence) of the defendant . A claim against a legal entity arising from the activities of its branch, representative office, located outside the location of the legal entity, can be submitted to the arbitration court at the address of the legal entity or its branch, representative office.

Claims for rights to real estate must be submitted to the arbitration court at the location of this property.

A statement of claim or statement regarding a corporate dispute should be submitted to the arbitration court at the address of the legal entity.

A counterclaim, regardless of its jurisdiction, must be submitted to the arbitration court at the place where the original claim was considered.

When applying to an arbitration court with an application that contains several interrelated claims, some of which are within the jurisdiction of the arbitration court and others of a court of general jurisdiction, if separation of claims is impossible, the case is subject to consideration and resolution in a court of general jurisdiction.

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Methods of filing a claim in arbitration court

A claim can be filed in three ways :

1. by sending it to the arbitration court by mail;
2. by filing a statement of claim with the office of the arbitration court;
3. through a personal account created in the “My Arbitrator” information system.

Personal appeal

Documents can be submitted in person at the court office. On the official website you can find the reception days and work schedule. Pre-registration in arbitration courts is not provided. It is important to be personally present when the set of documents is presented and confirm their integrity, compliance with the contents of the package and the list of attachments. If any item is missing, time will be offered to provide the missing documents. It is required that when applying you have one more copy of the claim on hand. The office employee will put a stamp on it with the date of acceptance of the documents. The court case number and details of the parties will be published on the official website of the court as soon as the documents are registered. This applies to all delivery methods. Not only the plaintiff, but also his legal representative can act personally by appeal.

How to file a claim

The Arbitration Procedural Code contains certain requirements for filing a claim in the arbitration court and its content . So, it must necessarily indicate:

1. the name of the arbitration court to which you are filing a claim;
2. name of the plaintiff, his address (if the plaintiff is a citizen, then his place of residence, date and place of his birth, place of his work or date and place of his state registration as an individual entrepreneur, telephone numbers, faxes, email addresses of the plaintiff);
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 the document, identification 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 taxpayer identification number and main state registration number, if known;

1. the plaintiff’s claims against the defendant ( subject of the claim ) with reference to laws and other regulatory legal acts ( grounds of claim ), and when a claim is brought against several defendants – claims against each of them;
2. the circumstances on which the claims are based, and the evidence that confirms these circumstances;
3. the price of the claim, if the claim is subject to assessment;
4. calculation of the amount of money collected or disputed;
5. information about the plaintiff’s compliance with the claim or other pre-trial procedure;
6. information about the actions taken by the party (parties) aimed at reconciliation, if such actions were taken;
7. information on measures taken by the arbitration court to ensure property interests before filing a claim;
8. list of attached documents.
9. other information if it is necessary for the correct and timely consideration of the case.

Applications

attached to the statement of claim :

1. notification of delivery or other documents confirming the sending to other persons participating in the case, copies of the statement of claim and documents attached to it, which other persons participating in the case do not have;
2. a document confirming the payment of the state duty in the prescribed manner and in the amount or the right to receive a benefit in the payment of the state duty, or a petition for a deferment, installment plan, or a reduction in the amount of the state duty;
3. documents confirming the circumstances on which the plaintiff bases his claims;
4. copies of the certificate of state registration as a legal entity or individual entrepreneur;
5. a power of attorney to file a claim in an arbitration court or other documents that confirm the authority to sign the statement of claim;
6. copies of the arbitration court ruling on securing property interests before filing a claim;
7. documents confirming the plaintiff’s compliance with the claim or other pre-trial procedure, except in cases where its compliance is not provided for by federal law;
8. documents confirming that the party (parties) have taken actions aimed at reconciliation, if such actions have been taken and the relevant documents are available;
9. a draft agreement, if a demand is made to compel the conclusion of an agreement;
10. an extract from the Unified State Register of Legal Entities or the Unified State Register of Individual Entrepreneurs indicating information about the location or place of residence of the plaintiff and defendant and (or) the acquisition by an individual of the status of an individual entrepreneur or the termination by an individual of activities as an individual entrepreneur or another document confirming the above information or lack thereof. Such documents must be received no earlier than thirty days before the day the plaintiff applies to the arbitration court.

State duty

The amount duty paid by the plaintiff when filing a statement of claim depends on the subject of the claim. It can be calculated both in fixed amounts and as a percentage of the claim price. The procedure for calculating state duty is defined in Article 333.21 of the Tax Code of the Russian Federation.

Recommended reading:

Procedure for filing complaints to the arbitration court

Contact via the Internet

The option of filing a claim with an arbitration court via the Internet is as convenient as possible. To do this, you need to confirm your account on the State Services portal, then go to the Arbitration Case Files website. The next step is to activate the “My Arbitrator” option and use the ESIA account. The interface is very clear, there is a separate section with claims. The type of application is selected, data about the applicant is entered, and a specific arbitration court is selected. Applications are sent one at a time. After documents are accepted, a notification is sent by email. To sign the application, a simple or enhanced electronic signature is required. The original scanned documents must be retained after sending. The court may request this material at any time. “My Arbitrator” is the only option for electronic submission. Such documents are not accepted by court e-mail. The filing date is the day the documents are received into the system. Processing time usually takes 2-3 days.