Procedural remedies for the defendant against the claim. Counterclaim. Objection to the claim. Defendant's petition

Parties to civil proceedings (plaintiff, defendant, third party). All those participating in the trial are conventionally divided into three large groups:

court;
persons participating in the case;
persons promoting justice.

I hope everything is clear with the court. The persons involved in the case are:

parties, i.e. plaintiff and defendant;
third parties;
prosecutor;
persons who apply to court for the protection of the rights, freedoms and interests protected by law of other persons or enter into the process in order to give an opinion;
applicants and other interested parties in cases of special proceedings and cases arising from public legal relations.

Means of protecting civil rights and interests

Members of society have various kinds of material and intangible benefits. Violation of rights to them gives grounds to seek help from the state. The peculiarity of the protection of civil rights is that the state only creates the conditions. It is up to everyone to decide for themselves whether to defend themselves or not. The choice of means is also up to the victims. For example, Art. 39 of the Code of Civil Procedure of the Russian Federation gives the plaintiff the right to completely or partially abandon the claim, change the scope of the requirements, and actually withdraw after the start of the process.

The judge has the right not to accept a refusal that leads to a violation of the rights of other persons.

At the same time, there remains the understanding that the person seeking protection may make mistakes or even act in bad faith. It is in the interests of the state and the court in particular to find out the objective truth about the existing conflict in order to apply adequate measures of influence.

So what procedural remedies are available to a defendant against a claim?

Counterclaim.
Objection to the claim.
Petitions sent to the court.

The basic elements of a defense against a claim are listed. To these can be added a set of rights that provide significant leverage over the proceedings.

Procedural possibilities of the defendant

They can be divided into 2 categories:

General possibilities are equal for both the plaintiff and the defendant.
Special – provided only to the defendant and (or), as a rule, depending on the stage of the process or procedural action (decision).

The general rights of the parties are established by Art. 35 Code of Civil Procedure of the Russian Federation:

familiarization with the case materials, copying them, making extracts;
application to challenge a judge, session secretary, prosecutor, specialist, translator, expert;
presentation of evidence, participation in their research;
interviewing the participants in the case, witnesses, specialists and experts, asking them individual questions;
filing petitions;
giving oral and written explanations to the court;
expressing one’s opinion and its justification on any issues arising during the trial;
objection to the petitions, positions and arguments of the participants in the case;
obtaining copies of all judicial acts and other documents emanating from the court, including in electronic form and in the form of electronic documents;
appealing judicial acts.

applications for disqualification of a judge

The general rights of the parties are also provided for in other articles of the Code of Civil Procedure of the Russian Federation, which relate to certain stages of the process, procedural issues or situations.

Special methods of protection

The defendant's special rights are very varied. The possibility and advisability of using them for defense purposes depends on the situation - the stage of the process, the issue raised and the circumstances of what is happening.

Let's consider the main and most important possibilities from the point of view of defense against a claim:

At the stage of preparing the case for consideration, the defendant has the right to request clarification of the requirements and their grounds, present his written objections and evidence supporting them, and also ask the court to request evidence that the defendant cannot obtain on his own.
For the purposes of proof, the defendant has the right to collect and request evidence, and if this cannot be done independently, ask the court to do so. This may be explanations of certain persons, witness statements, documents and information, material evidence, audio and video materials, expert opinions. Assistance of the court in obtaining evidence necessary for the defense is usually required if such evidence is not released, is concealed, or its obtaining is possible only on the basis of a court decision (for example, a forensic report). The court can force a witness to appear in court.
The defendant has the right to demand judicial security (consolidation) of evidence if there is a possibility that its sources (carriers) will disappear, be destroyed or their use will become difficult. For example, a witness needed for the defense can be questioned in advance, at his location, and his testimony recorded in the protocol. Physical evidence can also be examined at its location, and important information is reflected in the protocol. In addition, it is possible through the court to ensure the safety of the necessary information and its material carriers if there is a possibility of their loss or damage.
If the defendant needs a specific examination, he can ask the court to order it. The defendant also has the right to choose an expert or expert organization and pose his own questions.
The defendant can find and present his witnesses to the court, and ask the court to question certain witnesses during the hearing.
The defendant is not prohibited from negotiating and corresponding with the plaintiff on the subject of the claim, resolving issues of changing demands or concluding a settlement agreement.
The defendant has the right, before the completion of the consideration of the case, to file a counterclaim, which, if accepted by the court, will be considered together with the main claims. As a defense tool, a counterclaim is often used to “defeat” or reduce the amount of a plaintiff’s claims.
An important right of the defendant is to challenge the plaintiff’s arguments and the evidence presented by him, to declare their inadmissibility and exclusion. For such an opportunity to be used effectively, it must be supported by strong arguments and evidence.

Parties to civil proceedings

Typical participants in civil proceedings:

plaintiff;
defendant;
third parties with or without independent claims.

The plaintiff is the initiator of the process; it is his actions that serve as a catalyst. Then the judge decides whether the claim satisfies the formal requirements, whether there is a reason to refuse the claim or transfer it to another court (from a magistrates' court to a district court or, conversely, to an arbitration court from a court of general jurisdiction).

Who is the defendant? He is the other party in the case. A positive decision on the claim affects, first of all, his rights and obligations. We are talking about either formalities or serious property disputes (from monetary debt to real estate rights).

Third parties with or without claims. They are presented to the defendant or plaintiff or to both parties. The lack of requirements is most often associated with the presence of government services in the relations of the parties. For example, the registration service, whose responsibilities include recording the results of the process.

From a formal point of view, third parties are not considered participants in the process, however, they can play a decisive role. And the answer to the question of who the defendant is is not so obvious at the beginning of the trial.

Duties of the parties

When conducting a court hearing, rules apply that must be strictly observed by the plaintiff and the defendant. It is important for both parties to conscientiously approach their responsibilities, since this affects the outcome of the case; their violation may entail additional liability, for example, they should not file groundless and unsubstantiated claims, oppose the consideration of the dispute, deliberately delay the process, and so on. General and special obligations of the parties before the court include:

fair use of your rights;
maintaining order during court proceedings. It is important to appear on time for the hearing of the case, and if it is impossible to attend the meeting, notify the participants;
obedience to the orders and requirements of the presiding officer;
respectful attitude towards the court;
payment of state duty by the plaintiff. It can be fixed, represent a percentage of the claim amount, or a combination of options;
repayment by both parties of the costs associated with conducting an independent study and hiring legal defenders;
compliance with court orders within the designated period.

Special duties are also determined by the procedural measures applied. For example, when filing a claim, the plaintiff must provide a number of necessary information; both parties undertake to substantiate and confirm the circumstances on which their claims, challenges, and so on are based. If the court has ordered the defendant to pay the costs of the proceedings incurred by the plaintiff, the first must pay them within the appointed time.

Submitting a claim by the defendant

What is a counterclaim? Civil Procedure Code means a statement of claim sent by the defendant in the framework of an already open civil case.

The purpose of the objection is to destroy the plaintiff’s position, but it does not have the goal of declaring violated rights and interests and restoring them, unlike a counterclaim. A counterclaim implies an offensive position.

In addition, resolving the dispute on the merits subsequently significantly limits the defendant’s ability to assert rights in a controversial situation. A counterclaim eliminates difficulties that will arise in the future. Such a scheme allows you to speed up conflict resolution.

Rights of the plaintiff and defendant

Any citizen of the Russian Federation has the right to defend his honor, rights and interests. If the legal rights of one person are violated by the actions or inaction of another, then the offended party has the right to file a complaint with the court with a statement of claim. If the interests of one of the parties are violated, she can go to court and perform all the necessary actions specified in the civil procedural code in order to act on the basis of the law and have a greater chance of winning.

All participants in the trial have the right to study materials on the case, make notes from them, copies, present their evidence and be present during their study. Opponents in court can ask questions of witnesses, experts or specialists, make demands for evidence, and object to the arguments of the other side. Both parties have the right to receive notices and court decisions from the court, as well as send their documents electronically. Either party can appeal the court's decisions.

The plaintiff has the right to refuse the claim and terminate the case, the defendant has the right to admit the claim. Both parties can bring in their own representative for support.

The plaintiff and the defendant (you already know who they are) have equal rights and bear equal responsibilities. Therefore, they have a legal guarantee to receive equal means and opportunities when defending their truth in court.

Participants in a legal dispute have the right to submit all documents in paper or electronic form with an electronic signature.

What other characteristics does a counterclaim have in civil proceedings?

the plaintiff becomes the defendant and vice versa;
the defendant puts forward independent demands.

Offset of claims

The filing of a claim by the defendant is aimed at offsetting the claims against the original plaintiff. The admissibility of such an action is determined by law. For example, an employer has the right to file a claim for compensation for damage caused by an employee.

A frequent clash arises in contractual relationships where both parties have rights and obligations at the same time (supply of goods or provision of services for payment or other goods or services).

The defendant does not actually challenge the validity and legality of the claim, but his actions make a positive decision on the original claim meaningless.

In practice, the defendant may, without filing a claim, ask the court to set off the obligations.

What is the difference? If the judge refuses to satisfy the plaintiff's claim, then the defendant's request remains unanswered. A request for offset of claims in the form of a claim is considered regardless of the fate of the plaintiff’s initial application.

Mutual exclusion of requirements

A counterclaim completely nullifies the defendant's claim. For example, the plaintiff asks to collect child support, the defendant asks to cancel the record of paternity.

Another example, one party asks to invalidate the contract, the second asks to oblige the first party to perform actions in accordance with the contract.

This approach is often used by the defendant's lawyer. The goal is to expand the possibilities for defense, and some allegations can only be proven by filing a lawsuit.

High degree of interconnection

The close connection of claims is determined by the characteristics of the disputed object. A counterclaim may be based on the same evidence. A striking example is a claim for eviction and a counterclaim for recognition of the right to live in an apartment.

Whether the court accepts the second claim depends on the opinion of the judge. To what extent is it related to the first, how much will it speed up the proceedings, will the refusal to accept the claim violate the rights of the defendant?

Concept, elements and types of claims. Right to sue

The bulk of civil cases are considered in the order of claim proceedings - these are cases arising from civil, family, labor, housing, land, environmental and other legal relations (Clause 1, Part 1, Article 22 of the Code of Civil Procedure of the Russian Federation). The court resolves disputes about civil law (in the broad sense) in claims proceedings.

Thus, claim proceedings are the main type of civil proceedings, establishing the most general rules of judicial proceedings. Filing a claim in litigation proceedings (as well as filing a statement in court in non-claim proceedings) is an integral element of a broader constitutional right - the right to apply to court for judicial protection.

In accordance with Art. 3 of the Code of Civil Procedure of the Russian Federation, 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. Waiver of the right to go to court is invalid. Thus, a claim is one of the means of initiating civil proceedings in a specific case, in this case, litigation proceedings.

The concept of a claim. The question of the concept of a claim is one of the most controversial in legal science. The most general definition is that a claim is understood as the claim of the plaintiff to the defendant for the protection of his right or legally protected interest, addressed through the court of first instance. A lawsuit is a procedural means of protecting the interests of the plaintiff; the lawsuit initiates legal proceedings, thereby submitting the dispute to the court.

Elements of the claim. The elements of a claim are its structural parts. It is generally accepted to distinguish two elements of a claim: its subject and grounds.

The subject of the claim is a specific demand of the plaintiff against the defendant (for example, for recognition of the right of authorship, reinstatement at work, compensation for damage). The plaintiff must indicate his claim in the statement of claim (clause 4, part 2, article 131 of the Code of Civil Procedure of the Russian Federation). The subject of the claim should not be confused with a specific material subject of the dispute, i.e. money, things, an apartment, etc. Claims of a different nature can be brought for each material subject. For example, a material object is a residential building. Claims may be for recognition of the right to a residential building, move-in, eviction, division, demolition, etc. Thus, “material subject (object) of the claim” and “subject of the claim” are different concepts.

The basis of the claim is those circumstances from which the plaintiff’s right of claim arises, on which the plaintiff bases his claims (clause 5, part 2, article 131 of the Code of Civil Procedure of the Russian Federation). The plaintiff must not only indicate the circumstances in the statement of claim, but also provide legal facts, i.e., circumstances with which the law connects the emergence, change or termination of legal relations. These facts must be proven by the plaintiff in civil proceedings.

The facts forming the basis of the claim are divided into three groups:

1) facts directly producing law. The plaintiff's claim follows from them. For example, in a claim for foreclosure on the subject of collateral, the grounds include such facts as the presence of a primary (loan) obligation, the presence of a collateral obligation, the fulfillment by the lender of its obligations to the borrower, the proper content and execution of these agreements;

2) facts of active and passive legitimation. The process of legitimation establishes the proper character of the parties in civil proceedings. A distinction is made between facts indicating the connection of a claim with a specific entity who made this demand, i.e., with the plaintiff (facts of active legitimation), and facts indicating the connection of a certain obligation with the defendant (facts of passive legitimation). This implies the institution of replacing an improper defendant. For example, in a claim for foreclosure on a pledged item, the facts of active legitimation are circumstances indicating that the plaintiff is a creditor and pledgee, and the facts of passive legitimation are circumstances indicating that the defendant is a borrower and pledgor, and in the case of a third party pledge - only by the pledgor;

3) the facts of the cause of action. These are facts that indicate that the time has come to go to court for judicial protection. For example, in a claim for foreclosure of a collateral, the fact of the cause of action is the borrower’s refusal to repay the debt or a delay in fulfilling the loan obligation. Thus, it is necessary to show that certain actions were taken to resolve the dispute out of court and the facts indicate that it is impossible to resolve the case without a trial.

Usually, subjective law is based not on one legal fact, but on their totality, i.e., a certain factual composition must be given in the basis of the claim.

The basis of the claim can also be divided into factual and legal (A. A. Dobrovolsky). The factual basis of the claim is a set of legal facts on which the plaintiff’s claim is based, and the legal basis is an indication of the specific rule of law underlying this claim. Such an indication must be contained in the prosecutor's statement of claim.

According to Part 3 of Art. 131 of the Code of Civil Procedure of the Russian Federation, in a statement of claim brought by a 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, it 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.

The meaning of highlighting the elements of the claim is as follows:

1) the elements of the claim are the main criterion in determining the identity of the claims, since the identity of the claims is determined by the coincidence of the subject, basis and parties of the claim. If the parties, the subject or the basis of the claim do not coincide (for example, new legal facts appear in the basis of the claim), then accordingly there is no identity of claims and the claim can be filed again in court;

2) the subject and basis of the claim determine the boundaries of the subject of proof, the limits of the trial. The right to change them belongs only to the plaintiff. The court may go beyond the stated requirements in cases provided for by federal law (Part 3 of Article 196 of the Code of Civil Procedure of the Russian Federation);

3) the subject of the claim is the basis for classifying claims according to procedural and legal grounds.

Types of claims. They are distinguished on three grounds: 1) on the subject of the claim (procedural and legal classification of claims); 2) the object of protection (material and legal classification of claims); 3) the nature of the protected interest.

1. In the procedural and legal classification of claims, claims for recognition, awards, and transformative claims are distinguished.

A claim for recognition aims to protect the interests of a plaintiff who believes that he has a certain subjective right, but it is disputed by another person (for example, a claim for the right to residential premises).

Claims for recognition are divided into two types: positive (positive) and negative (negative). A positive claim for recognition is that the plaintiff puts forward a demand for recognition of a certain right (for example, recognition of ownership of residential premises). In a negative claim for recognition, the plaintiff denies the existence of a certain right of another person, the plaintiff claims that he does not have a certain obligation (for example, a claim to recognize a person as having lost the right to use property under a contract, a claim to challenge the paternity record). Thus, the general characteristic of claims for recognition is that the plaintiff does not ask the court to award him anything; he demands recognition of a subjective right, interest, or denies their existence.

A claim for an award is characterized by the fact that the plaintiff asks to recognize a certain subjective right for him, to oblige the defendant, in accordance with this right, to perform certain actions - transfer funds, property, vacate premises, land, etc. The claim for an award is much broader in its legal nature a claim for recognition, since the plaintiff asks the court both to recognize a certain right for him and to take certain actions to enforce it (a claim for the collection of sums of money, compensation for damage, seizure of property, etc.). Often, claims for recognition and award can be combined in one statement of claim, for example, for recognition of a purchase and sale transaction of residential premises as invalid and eviction.

Transformative claims mean claims for termination, change, and in some cases the emergence of a new material legal relationship. A court decision in such a case acts as a legal fact of substantive law, which changes the structure of a material legal relationship (for example, a claim to declare a marriage invalid terminates the corresponding marriage and family legal relationship, a claim to allocate a share of property rights turns joint property into shared property).

2. Depending on the object of protection, the nature of the disputed material legal relationship (material legal classification of claims), claims arising from civil, labor, family, land and other legal relations are distinguished by branches and institutions of civil, labor and other branches of law.

Then each type of claim is classified, for example, a claim from civil legal relations is divided into claims from legal relations of obligations, from non-contractual harm, copyright, invention, inheritance law, etc. Claims from legal relations of obligations, in turn, are divided into claims from purchase agreements -sales, donations, exchange, rent, storage, etc. As we can see, the classification of claims based on material and legal grounds can be quite detailed and in-depth.

The practical significance of the substantive classification of claims is as follows. Firstly, it underlies judicial statistics, and by the number of certain cases in the courts, the increase or decrease in their number, one can trace the state of specific social processes. Secondly, on its basis, judicial practice is summarized in certain categories of civil cases, decisions of the Plenum of the Supreme Court of the Russian Federation are adopted. Thirdly, the substantive legal classification of claims forms the basis for many scientific and applied studies on the peculiarities of the trial of certain categories of civil cases (for example, on the protection of property rights), the methodology of conducting cases in court and evidence (for example, reference books on preparing civil cases for judicial proceedings).

3. According to the nature of the protected interest, claims are divided into personal, in defense of public interests, in defense of the interests of other persons, group (including in defense of an indefinite number of persons), indirect (derivative) claims. This classification of claims is based on clarifying the issue of the beneficiary of the claim and the nature of the interests protected by it.

Personal claims are aimed at protecting the plaintiff’s own interests when he himself is a participant in a controversial material legal relationship and a direct beneficiary in the case. Personal claims are the basis for the consideration of a significant number of civil cases assigned to judicial jurisdiction.

Claims in defense of public interests are aimed mainly at protecting the property rights of the state or the interests of society when it is impossible to identify a specific beneficiary (for example, a prosecutor’s claim to invalidate a transaction in the interests of the Russian Federation). In such cases, the beneficiary is the state or society as a whole.

Claims in defense of the interests of other persons (Articles 45, 46 of the Code of Civil Procedure of the Russian Federation) are aimed at protecting not the person making the claim, but other persons in cases where, by virtue of the law, the person making the claim is authorized to initiate proceedings in the interests of others (for example, claims filed by guardianship and trusteeship authorities to protect the rights of minor children). In this claim, the beneficiary is the person whose interests are protected in court as a participant in a controversial material legal relationship, to whom the right of claim belongs (Part 2 of Article 38 of the Code of Civil Procedure of the Russian Federation).

Class actions (including claims in defense of an indefinite number of persons) are aimed at protecting the interests of a large group of persons, the personal composition of which is unknown at the time of initiation of the case (for example, claims on behalf of consumer societies, antimonopoly authorities in defense of an indefinite number of consumers, a prosecutor's claim for recognition invalid normative act that violates the rights of an indefinite number of citizens and organizations). The circle of beneficiaries in the class action at the time of initiation of the case in court is unknown.

Indirect (derivative) claims are aimed at protecting the property rights of legal entities. Indirect claims are brought on behalf of the founders and participants of legal entities to their managers for compensation for losses caused by their actions to the legal entity. In a claim for the protection of personal interests, the shareholder is a direct beneficiary, for example, challenging a decision of the general meeting of the company. In an indirect claim, the direct beneficiary is the company in whose favor the award is recovered. The benefit of the shareholders themselves is indirect, since they personally do not receive anything except compensation from the defendant for the legal expenses they have incurred if the case is won. The possibility of bringing an indirect claim is provided for in a number of federal laws (see, for example, Article 531 of the Civil Code of the Russian Federation).

Right to sue. The right to go to court for judicial protection within the framework of claim proceedings is exercised by filing a statement of claim. The right to go to court as a constitutional right is granted to every person, and therefore it is hardly correct to associate it with a complex system of prerequisites, which K. I. Komissarov rightly drew attention to.

It is most correct to associate the right to go to court with two legal conditions: jurisdiction and legal capacity. If legal capacity determines the subject of the right to bring a claim, then jurisdiction determines the boundaries of the implementation of this right in relation to other forms of judicial protection. At the same time, the right to sue is a general permission that can be exercised by any interested person.

Let's consider the connection and separation of claims. In accordance with Art. 151 of the Code of Civil Procedure of the Russian Federation, the plaintiff has the right to combine in one application several related claims. Connectedness is understood quite broadly, for example, monetary claims are interconnected. In housing cases, several demands are often interconnected - to invalidate the order and to evict. At the same time, connections that interfere with the consideration of the case are unacceptable.

Thus, when considering a divorce case, the court can simultaneously consider disputes that have arisen between the spouses: about which of them the children will live with after the divorce; on the collection of child support; recovery of funds for the maintenance of a needy disabled spouse; division of property that is the joint property of spouses.

The judge separates one or more connected claims into separate proceedings if he recognizes that separate consideration of the claims would be appropriate. When claims are brought by several plaintiffs or against several defendants, the judge has the right to separate one or more claims into separate proceedings if he recognizes that separate consideration of the claims will contribute to the correct and timely consideration and resolution of the case. In addition, the judge, having established that in the proceedings of this court there are several homogeneous cases in which the same parties are involved, or several cases on claims of one plaintiff against different defendants or different plaintiffs against one defendant, taking into account the opinions of the parties, has the right to combine these cases into one proceeding for joint consideration and resolution, if he recognizes that such consolidation will contribute to the correct and timely consideration and resolution of the case.

Thus, the main considerations when connecting and separating claims are considerations of procedural economy.

Court actions on counterclaim

A counterclaim in a civil proceeding is filed at any time during the consideration of the case before the judge retires to the deliberation room.

The procedure for filing a counterclaim does not have any other features. The party is obliged to comply with all formal requirements and pay the state fee. The defendant is relieved of the obligation to comply with the rules on jurisdiction, otherwise simultaneous consideration of claims is excluded.

Failure to comply with the law when drawing up a claim and the absence of a receipt for payment of the fee is a sufficient reason to leave the claim without progress. The court gives a period to eliminate the identified deficiencies.

Is a counterclaim always paid? The Code of Civil Procedure does not deprive you of benefits for paying the state duty when submitting it.

If the judge finds that joint consideration of the claims is unreasonable, a new case is opened. If for some reason, in particular due to jurisdiction, the judge does not have the right to accept the materials, he indicates where to go.

The defendant has the right to appeal the return of the counterclaim or its transfer to jurisdiction.

Having considered two claims, the judge makes a single decision on them, which significantly affects its volume and complexity of drafting.

Defendant's objection

An objection means a reference to circumstances or legal arguments proving the lack of validity of the claim. An objection as a procedural phenomenon is closely related to the claim; it is not aimed at independently establishing facts or confirming rights or denying their existence.

The defendant’s objection is built taking into account the plaintiff’s position and the evidence that he provides to the court or plans to obtain with the help of the court. The defendant does the same, referring to the evidence available to him, witnesses and the assessment of the defendant’s materials. The objection examines the claims of the claim point by point and analyzes its arguments.

Trial

A trial is a process that takes place in a courtroom and involves three parties: the court, the plaintiff and the defendant. The court process resolves the dispute between opposing parties. The court considers the plaintiff’s claim, and the defendant must either accept this claim or prove his non-involvement. The plaintiff must present all available evidence of the defendant's guilt before him. The latter, in turn, must provide evidence of his innocence. Whose arguments will outweigh in this fight, the truth will be on the other side. Final verdicts are made by the court, whose representative is the judge. If the proceedings are too complex, either party may seek the assistance of a lawyer.

Procedural objections

The defendant's procedural objection is based on the plaintiff's violation of procedural rules of law. For example, the claim was filed without following the pre-trial procedure for resolving disputes.

The defendant may also point to other circumstances indicating the absence of the right to claim. For example, the plaintiff turned to the wrong person, and the other party asks to be recognized as an improper defendant.

Procedural objections are based primarily on violations of the Civil Procedure Code. The judge should react to them automatically, but often such violations are considered insignificant. Exceptions are those that are directly indicated in the law as a reason for canceling a decision.

Material objections

Material objections include challenging the claim on its merits. The defendant's procedural defenses against a claim provide a wide margin for maneuver.

The defendant may rely on the plaintiff's misunderstanding of the law. This often happens in disputes with monopoly companies.

The organization bases its demands on the norm of federal law, “forgetting” about the by-laws that decipher the content of the clauses of the law. It takes a lot to understand the area of energy legislation.

Another striking example of a misunderstanding of the law is the dispute over which property is considered jointly acquired during marriage and which is not.

The defendant may refer to the absence in reality of the facts presented by the plaintiff, their incorrect assessment or ignorance of other circumstances.

For example, the buyer does not have the right to ask for a replacement of an item if the reason for its unsuitability is his own actions, improper operation, and not the oversight of the seller or the manufacturing company.

Requests for the return of a monetary debt may be rejected due to the plaintiff missing the statute of limitations, which is a purely legal assertion.

As can be seen, the defendant's procedural defenses against the claim concern both formal and factual aspects.

Defendants often argue that the evidence is irrelevant to the case or that it was obtained illegally. A common example is receiving paper from an authority that does not have the authority to issue such documents.

More serious examples are the presentation of false evidence. A surprise for the plaintiff may be a witness from the defendant who refutes the claim or another document refuting the one provided by the plaintiff.

Making an objection

The law obliges the court to keep minutes of the court hearing. Violations of the rules for its preparation may lead to the cancellation of the decision, even if there are no other reasons for this.

The defendant has the right to state his objections in writing or to speak orally, and his remarks must be noted in the protocol. It is best, of course, to draw up a document in advance, this gives more guarantees that the judge will take into account the opinion of the defendant.

What is the approximate formula for making objections?

name of the court;
case number;
judge's initials;
data of the plaintiff, third parties.

Submission is permitted at any time during the process, but it is best to do so in advance. Practice shows that it is better to pay attention to some things a little later, so that the other side, with the support of a not entirely impartial judge, can neutralize their significance.

Like all papers, it is advisable to submit the document through the office and leave a mark with the incoming data on your copy.

Claim consideration stage

The very concept of “plaintiff” changes depending on the stage of the trial. The term “complainant” may be used to refer to the person making the complaint. In this case, the interpretation is narrowed compared to the concept of “plaintiff”.

After the case is considered and a verdict is passed, the same person is declared a victim. This situation arises if the accusation is confirmed and harm is proven as a result of the crime committed.

However, as practice shows, all three terms - plaintiff, applicant, victim - are synonymous and can be used at any stage of judicial review.

Petitions as a defense tool

Petitions as a procedural means of protecting a defendant against a claim in civil proceedings are less noticeable, but play a serious role when used correctly.

They refer to statements made by the parties during the proceedings.

First, the court gives the other participants the right to speak about the petition, and then makes a decision. The judge has three options:

completely agree with him;
refuse it completely;
agree with him partially.

The defendant’s petition to the court may concern a variety of things, which will be discussed below.

How to format them correctly? Be sure to record all your statements on paper and hand over copies to the office, and not transfer directly to the judge in the office.

Approximate compilation algorithm:

name of the court;
case number;
parties (plaintiff, defendant);
circumstances justifying the request and the request itself;
signature, date.

If necessary, attach a copy of the power of attorney.

The petition may consist of several lines or may fill several pages.

What kind of petitions are we talking about?

bringing in another co-defendant;
exclusion from the process as a defendant;
requesting evidence;
adding evidence to the case;
assignment of examination.

A well-drafted application is based on the law. It is advisable for the author to quote norms or refer to them.

Requirements for the plaintiff and defendant

Everyone who represents their interests and rights in court as a plaintiff or defendant must be an adult. If one or the other is under 18 years of age at the time of the trial, he must appear in court with his legal representatives. The judge cannot blindly trust the claims of the plaintiff and defendant. He can understand who these people are only by personally communicating with them during the proceedings. The judge may question the minor in court, but in the presence of his legal guardians. A minor from 14 to 18 years of age has the right to assert his rights, but in the presence of his guardians. Until the age of 14, the interests of a minor must be protected by his parents, but if necessary, the court can interrogate the minor himself.

Both parties to the proceedings must conscientiously perform their duties in court. Do not file groundless claims against the other party, do not resist during the consideration of the case. If one of the parties violates the rules specified in Art. 99 of the Code of Civil Procedure of the Russian Federation, then the court has the full right to recover compensation from the violator for the time spent in favor of the other party.

Obligations of the parties before the court:

Attend the hearing at the appointed time. If due to unforeseen circumstances it is not possible to appear in court, this must be reported.
When filing a statement of claim, the plaintiff is required to pay a state fee. The state duty can be in the approved amount, as a percentage of the amount of the claim, or in a combined amount. State duty is payment for the services of civil servants, and costs are the costs of lawyers and experts.
The parties are obliged to comply with the court's requirements within the specified period.
Both parties are required to pay the costs associated with hiring human rights defenders or independent expertise.

If the court orders the responding party to pay all costs of litigation incurred by the plaintiff, it must comply with this requirement in the specified amount and within the specified time.

Attracting and replacing the defendant

A person brought in as a defendant, like other participants, has the right to request that another person be brought in as a defendant. The judge has the right only to invite the plaintiff to agree with the replacement or not; he does not have the right to independently carry out the replacement.

Failure to replace the defendant effectively leads to the loss of the case. The plaintiff still has the right to bring a similar claim against the proper defendant, in the opinion of the court, or to appeal the decision regarding the original defendant.

The involvement of a co-defendant is possible both at the initiative of the court and at the request of one of the parties.

The main reason for involving community rights and responsibilities in the process is that their common interests are affected. For example, we are talking about co-owners of one property.

Art. 39 of the Code of Civil Procedure of the Russian Federation gives the right to change the basis or subject of the claim, which may well lead to the replacement of the defendant in the midst of litigation.

Plaintiff

Some people still do not understand the difference between a plaintiff and a victim, and they also mistakenly confuse civil proceedings with criminal ones. Who is a plaintiff in court, types of plaintiffs, procedural rights and obligations of a plaintiff, who is an improper plaintiff, all this information is presented below.

The content of the article

Basic concepts of administrative law considered

Who is a plaintiff (types, definition / concept) - Plaintiff definition - Civil plaintiff (plaintiff in civil proceedings) - Civil plaintiff (plaintiff in criminal proceedings, the so-called criminal plaintiff) - Administrative plaintiff (plaintiff in administrative proceedings) - Inappropriate plaintiff
Rights and obligations of the plaintiff - Rights and obligations of the plaintiff in civil proceedings - Rights and obligations of the civil plaintiff in criminal proceedings - Rights and obligations of the plaintiff in administrative proceedings
Information sources

Who is a plaintiff (types of definition/concept)

So who is the plaintiff? There are different interpretations of the term plaintiff, it all depends on what kind of legal process he is participating in, civil, criminal or administrative, in other words, on the type of plaintiff.

Plaintiff definition

First, let's expand on the concept of plaintiff in a general sense. The term "Plaintiff"

in short and in simple words, this is a person who applies to the court for the protection of his violated or disputed right, or interest protected by law.

Civil plaintiff (plaintiff in civil proceedings)

Now let’s expand on the concept of plaintiff in civil proceedings. This term is interpreted by the Code of Civil Procedure of the Russian Federation in Article 38 of the Parties. "Plaintiff"

- this is a person in whose interests the case was initiated at the request of persons applying to the court for the protection of the rights, freedoms and legitimate interests of other persons.

Civil plaintiff (plaintiff in criminal proceedings)

Now let’s expand on the concept of plaintiff in criminal proceedings (“criminal plaintiff”). This term of the Code of Criminal Procedure of the Russian Federation is interpreted in Article 44 of the Civil Plaintiff, and some mistakenly pronounce the term as a criminal plaintiff. Let's return to the term, so "Plaintiff"

- an individual or legal entity who has submitted a claim for compensation for property damage, if there are grounds to believe that this damage was caused to him directly by a crime.

Administrative plaintiff (plaintiff in administrative proceedings)

This term is interpreted by the CAS of the Russian Federation in Article 38 of the Parties. So "Plaintiff"

- a person who applied to the court in defense of his rights, freedoms, legitimate interests, or a person in whose interests the application was filed by a prosecutor, body exercising public powers, an official or a citizen, or a prosecutor, body exercising public powers, or an official who applied to the court to implement the control or other public functions assigned to them.

Inappropriate plaintiff

We will also define the term improper plaintiff. So "Inappropriate Plaintiff"

— An improper plaintiff is a person who does not have the right to claim a claim brought to court. We would like to note that the codes do not contain the concept of “improper plaintiff.” There is a person whose rights and legitimate interests have been violated, and who goes to court. Consequently, if the court finds that the rights and interests of the person in this case have not been violated, the court refuses to satisfy the claims.

Rights and obligations of the plaintiff

Rights and obligations of the plaintiff in civil proceedings

The plaintiff in civil proceedings has the right (the right):

According to article Art. 35 of the Code of Civil Procedure of the Russian Federation, the plaintiff has the right to get acquainted with the case materials, make extracts from it, and make copies; challenge; present evidence and participate in its research; ask questions to other persons participating in the case, witnesses, experts and specialists; file petitions, including requests for evidence; give explanations to the court orally and in writing; present your arguments on all issues arising during the trial, object to the requests and arguments of other persons participating in the case; appeal court decisions; the plaintiff has the right to change the basis, subject and amount of the claim; the parties have the right to conclude the case by concluding a settlement agreement; and also use other procedural rights provided by the legislation on civil proceedings; submit documents to the court both on paper and in electronic form, including in the form of an electronic document signed with an electronic signature in the manner established by the legislation of the Russian Federation, fill out the form posted on the official website of the court on the Internet information and telecommunication network .
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 (Article 3, Part 1 of the Code of Civil Procedure of the Russian Federation).
Persons participating in the case and who do not speak the language in which civil proceedings are conducted are explained and ensured the right to give explanations, conclusions, speak, submit petitions, file complaints in their native language or in any freely chosen language of communication, as well as use the services of an interpreter (Article 9 part 2 of the Code of Civil Procedure of the Russian Federation).
Persons participating in the case and citizens present at an open court hearing have the right to record the progress of the trial in writing, as well as through audio recording. Photography, video recording, and broadcast of the court hearing on radio and television are permitted with the permission of the court. Article 10 part 7
For the same reasons, a challenge may be filed by persons participating in the case, or considered on the initiative of the court. Article 19 part 1
The choice between several courts, which, according to this article, has jurisdiction over the case, belongs to the plaintiff. Article 29 part 10
The parties may, by agreement among themselves, change the territorial jurisdiction for a given case before the court accepts it for its proceedings. The jurisdiction established by Articles 26, 27 and 30 of this Code cannot be changed by agreement of the parties. Article 32
The plaintiff has the right to change the basis or subject of the claim, increase or decrease the amount of the claim, or abandon the claim, the defendant has the right to admit the claim, and the parties can end the case with an amicable agreement. Article 39 part 1
A claim may be brought to court jointly by several plaintiffs or against several defendants (procedural complicity) Article 40 part 1
When preparing a case or during its trial in a court of first instance, the court may, at the request or with the consent of the plaintiff, allow the replacement of an inappropriate defendant with an appropriate one. Article 41 part 1
Persons participating in the case who have reason to fear that presenting the evidence necessary for them will subsequently prove impossible or difficult may ask the court to secure this evidence. Article 64
Each of the parties and other persons participating in the case has the right to present to the court issues to be resolved during the examination. The final range of issues on which an expert opinion is required is determined by the court. The court must provide reasons for rejecting the proposed questions. The parties and other persons participating in the case have the right to ask the court to order an examination at a specific forensic institution or to entrust it to a specific expert; challenge the expert; formulate questions for the expert; familiarize yourself with the court’s ruling on the appointment of an expert examination and the questions formulated therein; get acquainted with the expert’s opinion; petition the court to order a repeated, additional, comprehensive or commission examination. Article 79 part 2
When preparing a case for trial, the plaintiff or his representative submits petitions to the judge to obtain evidence that he cannot obtain on his own without the help of the court. Article 149 part 1
The plaintiff has the right to combine several related claims in one application. Article 151 part 1
Persons participating in the case have the right to nominate a translator Article 162 part 1
Persons participating in the case have the right to ask each other questions Article 174 part 1
Persons participating in the case and their representatives have the right to petition for the disclosure of any part of the protocol, for the inclusion in the protocol of information about circumstances that they consider significant for the case. Article 230 part 2
Persons participating in the case and their representatives have the right to familiarize themselves with the protocol within 5 days from the date of its signing and submit written comments on the protocol indicating any inaccuracies and (or) its incompleteness. Article 231
A court decision in absentia can also be appealed by the parties in cassation, a magistrate judge's decision in absentia can be appealed on appeal within ten days after the expiration of the deadline for the defendant to file an application to cancel this court decision, and if such an application is filed - within ten days from the date of the court ruling refusing to satisfy this application. Article 237 part 2
Decisions of magistrates may be appealed by the parties and other persons participating in the case to the appropriate district court through a magistrate. Article 320 part 1
The person who filed the appeal has the right to refuse it in writing. Article 326
The ruling of the magistrate may be appealed to the district court by the parties and other persons participating in the case, separately from the court decision Article 331
Persons participating in the case have the right to submit objections in writing regarding the cassation appeal, presentation, with the attachment of documents confirming these objections. Article 334 part 1
The person who filed a cassation appeal has the right to refuse it in writing in the cassation court before it makes the relevant court decision. Article 335 part 1
The parties have the right to file motions to call and question additional witnesses and to request other evidence, the examination of which was denied to them by the court of first instance. Article 358 part 2

The plaintiff in civil proceedings is obliged to:

Court decisions that have entered into legal force, as well as legal orders, demands, instructions, summonses and appeals from courts are mandatory for all state authorities, local governments, public associations, officials, citizens, organizations without exception and are subject to strict execution throughout the territory Russian Federation. Article 13 part 2
Persons participating in the case must conscientiously use all their procedural rights. Article 35 part 1
Persons participating in the case bear procedural responsibilities established by this Code and other federal laws. Failure to fulfill procedural obligations entails consequences provided for by the legislation on civil proceedings. Article 35 part 2
Each party must prove the circumstances to which it refers as the basis for its claims and objections, unless otherwise provided by federal law. Article 56 part 1
The price of the claim is indicated by the plaintiff. Article 92 part 2
Persons participating in the case are required to inform the court about a change in their address during the proceedings. In the absence of such a message, a summons or other judicial notice is sent to the last place of residence or location of the addressee known to the court and is considered delivered, even if the addressee no longer lives or is located at this address. Article 118
Compliance with the form and content of the statement of claim Article 131
When preparing a case for trial, the plaintiff or his representative provides the defendant with copies of evidence substantiating the factual basis of the claim Article 149 part 1
When judges enter the courtroom, everyone present in the courtroom stands up. The announcement of the court decision, as well as the announcement of the court ruling, which ends the case without making a decision, is heard by all those present in the courtroom standing. Article 158 part 1
Participants in the process and all citizens present in the courtroom are obliged to comply with the established order in the court session Article 158 part 5
Persons participating in the case are required to notify the court of the reasons for failure to appear and present evidence that these reasons are valid. Article 167 part 1
The plaintiff's refusal of the claim or a settlement agreement between the parties, made after the acceptance of the cassation appeal or presentation, must be expressed in written applications submitted to the cassation court. Article 346

Rights and obligations of a civil plaintiff in criminal proceedings

According to Article 44 of the Code of Criminal Procedure of the Russian Federation, the plaintiff in criminal proceedings has the right (has the right):

support a civil claim;
present evidence;
give explanations regarding the claim;
file petitions and challenges;
give evidence and explanations in his native language or a language he speaks;
use the help of a translator for free;
refuse to testify against yourself, your spouse and other close relatives, the circle of whom is determined by paragraph 4 of Article 5 of this Code. If a civil plaintiff agrees to testify, he must be warned that his testimony may be used as evidence in a criminal case, including in the event of his subsequent refusal to testify;
have a representative;
get acquainted with the protocols of investigative actions carried out with his participation;
participate, with the permission of the investigator or inquiry officer, in investigative actions carried out at his request or at the request of his representative;
abandon the civil claim brought against them. Before accepting the refusal of a civil claim, the inquirer, investigator, court explains to the civil plaintiff the consequences of abandoning a civil claim, provided for in part five of this article;
at the end of the investigation, get acquainted with the materials of the criminal case related to the civil claim brought against him, and write out any information and in any volume from the criminal case;
know about decisions made that affect his interests and receive copies of procedural decisions related to the civil claim brought against him;
participate in the trial of a criminal case in the courts of the first, second, cassation and supervisory instances;
speak in court arguments to substantiate a civil claim;
get acquainted with the minutes of the court hearing and submit comments on it;
bring complaints against the actions (inaction) and decisions of the inquiry officer, the head of the inquiry unit, the head of the inquiry body, the inquiry body, the investigator, the prosecutor and the court;
appeal the verdict, ruling and ruling of the court insofar as it relates to the civil claim;
know about the complaints and representations brought in the criminal case and file objections to them;
participate in the judicial consideration of complaints and submissions brought in in the manner established by this Code;
A waiver of a civil claim may be declared by a civil plaintiff at any time during the criminal proceedings, but before the court retires to the deliberation room to render a verdict.

The plaintiff in criminal proceedings is obliged to:

to appear when summoned by an official (body) who is in charge of a criminal case or who is entrusted with carrying out a procedural action with the participation of a civil plaintiff (Code of Criminal Procedure of the Russian Federation Article 113);
notify the investigator (inquiry officer, etc.), the court (judge) in advance about the reasons for failure to appear (Code of Criminal Procedure of the Russian Federation Article 188);
do not knowingly give false testimony;
do not refuse to testify, unless we are talking about information provided for in Art. 51 of the Constitution of the Russian Federation;
bear responsibility for refusal to testify if the testimony does not concern himself, his spouse and (or) any of his close relatives, and for giving knowingly false testimony;
not to disclose the data of the preliminary investigation if he was warned about this in advance in the manner prescribed by Art. 161 Code of Criminal Procedure of the Russian Federation;
present, at the request of the investigator (inquiry officer, etc.), the court (judge), the documents at his disposal confirming or refuting certain circumstances related to the civil claim brought in his interests (Part 4 of Article 21 of the Code of Criminal Procedure of the Russian Federation);
present, at the request of the court, written notes and (or) documents used by him during testimony (Article 279 of the Code of Criminal Procedure of the Russian Federation);
maintain order at the court hearing (Article 257 of the Code of Criminal Procedure of the Russian Federation);
obey the orders of the presiding officer (Article 258 of the Code of Criminal Procedure of the Russian Federation);
comply with all other requirements of the criminal procedure law relating to the legal status of the civil plaintiff.

Rights and obligations of the plaintiff in administrative proceedings

In accordance with Art. 45, 46, 54, 207, 295, 298 CAS RF, an administrative plaintiff has the right (has the right):

get acquainted with the materials of the administrative case, make extracts from them and make copies from them; challenge; present evidence, before the start of the trial, get acquainted with evidence presented by other persons participating in this case, and with evidence requested, including at the initiative of the court, participate in the study of evidence; ask questions to other participants in the trial; submit petitions, including the request for evidence, get acquainted with the protocol of the court session, the results of audio and (or) video recording of the court session, if such recording was carried out, and submit written comments to the protocol and regarding the results of audio and (or) video recording ; give explanations to the court orally and in writing; present your arguments on all issues arising during the trial; object to the requests and arguments of other persons participating in the case; know about complaints filed by other persons participating in the case, about judicial acts adopted in this administrative case and receive copies of judicial acts adopted in the form of a separate document; get acquainted with the dissenting opinion of the judge in the administrative case; appeal judicial acts insofar as they relate to their rights, freedoms and legitimate interests; enjoy other procedural rights provided by this Code (part 1 of article 45 CAS);
submit information to the court in the form of electronic documents prepared by them or other persons, bodies, or organizations. Electronic documents are produced by the specified persons, bodies, organizations in the form established by the legislation of the Russian Federation, or in any form, if the production of such documents in the established form is not provided for by the legislation of the Russian Federation. An electronic document must be signed by the person (authorized official of the body, organization) who produced this document with an enhanced electronic signature, unless the legislation of the Russian Federation establishes a requirement for signing the produced electronic document with a different type of electronic signature (Part 3 of Article 45 of the CAS);
An administrative plaintiff has the right, before the adoption of a judicial act that ends the consideration of an administrative case on the merits in the court of first instance, to change the basis or subject of the administrative claim (Part 1 of Article 46 of the CAS)
An administrative plaintiff has the right, before the adoption of a judicial act that ends the consideration of an administrative case on the merits in a court of first instance or in a court of appeal, to abandon the administrative claim in whole or in part (Part 2 of Article 46 of the CAS);
the parties have the right to enter into a reconciliation agreement in the manner provided for in Article 137 of this Code (Part 4 of Article 46 of the CAS);
If this Code does not provide for the mandatory participation of a representative in the judicial process, citizens with administrative procedural capacity may conduct their administrative affairs in court in person and (or) through representatives. Personal participation in an administrative case of a citizen does not deprive him of the right to have a representative in this case (Part 1 of Article 54 of the CAS);
persons participating in the case and their representatives have the right to familiarize themselves with the protocol of the court session, protocols of individual procedural actions, and records on storage media. Based on requests in writing and at the expense of the persons participating in the case, their representatives, a copy of the protocol, a copy of the recording from the storage medium can be made (Part 1 of Article 207 CAS);
persons participating in the case and their representatives, within three days from the date of signing the protocol, have the right to submit to the court comments in writing on the protocol, indicating inaccuracies in it and (or) its incompleteness (Part 2 of Article 207 CAS);
comments on the protocol submitted after the expiration of the specified period are not considered by the court and are returned to the person who presented them (Part 3 of Article 207 of the CAS);
the right to appeal a court decision belongs to the persons participating in the case, as well as to persons who were not involved in the administrative case and whose rights and obligations were resolved by the court. The right to submit an appeal belongs to the prosecutor participating in the administrative case (Part 2 of Article 295 CAS);
An appeal or presentation may be filed within one month from the date of the court decision in final form, unless other deadlines are established by this Code (Part 1 of Article 298 of the CAS).

In accordance with Art. 45, 62, 78, 101, 144 of the Code of Administrative Proceedings of the Russian Federation, the administrative plaintiff is obliged to:

in cases provided for by the CAS of the Russian Federation, persons participating in the case are obliged to conduct business in court with the participation of representatives who meet the requirements provided for in Article 55 of this Code. If administrative cases in court are conducted with the participation of representatives, the persons participating in the case can determine the rights that the representatives exercise exclusively with their consent. Through their representatives, persons participating in the case can ask questions to other participants in the trial, give the necessary explanations, express opinions and perform other procedural actions. If necessary, the court has the right to involve directly persons participating in the case in the implementation of procedural rights (Part 5 of Article 45 of the CAS);
must conscientiously use all procedural rights belonging to them (part 6 of article 45 CAS);
dishonest application of an unfounded administrative claim, opposition, including systematic, by persons participating in the case to the correct and timely consideration and resolution of an administrative case, as well as abuse of procedural rights in other forms entails the consequences for these persons provided for by this Code (ch 7 Article 45 CAS);
bear the procedural duties provided for by this Code, as well as the duties assigned to them by the court in accordance with this Code (Part 8 of Article 45 of the CAS);
failure to fulfill procedural duties by persons participating in the case entails the consequences for these persons provided for by this Code (part 9 of article 45 CAS) - a court fine (clause 6 of part 2 of article 116 CAS) on a local government body, other bodies and organizations that are vested with individual state or other public powers - eighty thousand rubles, per organization - fifty thousand rubles, per official - thirty thousand rubles, per state or municipal employee - ten thousand rubles, per citizen - five thousand rubles (part 1 of article 122 CAS);
persons participating in the case are required to prove the circumstances to which they refer as the basis for their claims or objections, unless a different procedure for distributing the responsibilities of proof in administrative cases is provided for by this Code (Part 1 of Article 62 of the CAS);
if the examination is ordered at the request of a person participating in the case who is not exempt from paying amounts for conducting the examination, the ruling also indicates the obligation of this person to deposit, within the period established by the court, an amount of money into an account determined in accordance with Article 109 of this Code, payable to the expert, in the amount determined by the court on the basis of an agreement between the parties and the expert (part 4 of article 78 CAS);
persons participating in the case are obliged to inform the court about the change of their address during the administrative proceedings. In the absence of such a message, a subpoena or other judicial notice is sent to the last place of residence or location of the addressee known to the court and is considered delivered, even if the addressee no longer lives or is located at this address (Article 101 CAS);
participants in the trial and other citizens present in the courtroom are required to comply with the order established at the court hearing (Part 1 of Article 144 of the CAS).

Information sources

PravoDeystvie LLC, which provides legal assistance in Cheboksary, sincerely thanks the following sources for providing information about the plaintiff, civil, criminal and administrative, as well as the rights and obligations of the plaintiff: Documents of the Guarantor system; bookwu.net; isknaisk.ru; studfiles.net; sudrf.ru.

Request and inclusion of evidence

The parties are required to justify why they cannot obtain this or that evidence without the help of the court.

The reason may be the actions of officials, which is proven by a written response

The absence of a response to a request is justified by a mark on the copy of the application submitted to the organization or institution.

New evidence is added upon application. The Code of Civil Procedure obliges them to present it before the consideration of the case on the merits, and the delay must have a valid reason. However, almost all judges ignore this rule, accepting new evidence throughout the trial.

Class action

If more than one person or entity has a claim against the other party, each of them must file a claim separately. At the same time, one plaintiff has the right, according to current legislation, to file a claim:

against several defendants at once;
on multiple counts;
in the interests of another person - in this case you will need to attach a power of attorney from the victim.

It must be borne in mind that there are a number of courts to which only the victim can submit a statement. For example, the Strasbourg Court of Human Rights.