Due to the multiplicity of directions in the use of the concept under study, a generally accepted point of view in the scientific literature has not yet been developed.

The difficulty in developing the concept of “claim” lies in its duality:

as a means of protecting a subjective violated right or from the threat of such a violation (material and legal side);

as a form, type of court proceedings for the consideration and resolution of civil cases (procedural side).

The current Code of Civil Procedure, for example, in Art. 131 establishes that the statement of claim must indicate what the violation or threat of violation of the rights, freedoms or legitimate interests of the plaintiff and his demands is. Subsection IIGPK is called “Claim Proceedings”.

Lawsuit- an appeal by an interested person to the court with a demand for the protection of his subjective right or interest protected by law.

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

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

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

Right to sue

Types of claims in civil proceedings

Classification of claims possible on two grounds (criteria):

substantive;

procedural and legal.

Classification of claims based on material and legal grounds

Classification of claims according to substantive grounds (corresponds to the branch of law):

labor;

housing;

civil;

family, etc.

Civil claims(claims from civil legal relations) are divided into:

claims from individual agreements (from a lease agreement, leasing agreement, etc.);

claims for protection of property rights;

claims for inheritance rights;

The substantive and legal classification of claims makes it possible to correctly determine the direction and scope of judicial protection, the jurisdiction of the dispute and its subject composition, as well as to identify the specific procedural features of this dispute.

Classification of claims according to procedural and legal grounds

When bringing a claim, a plaintiff may pursue various goals. The very nature of the court decision depends on the purpose of the claim (its content) or the method of protecting the right, i.e. what decision does the plaintiff want to receive from the court?

According to procedural and legal grounds, claims are distinguished:

about the award (executive);

on recognition (institutional);

transformative ( debatable, in some sources).

Claims for award- the most common ones are requirements, the subject of which is characterized by such methods of protection as voluntary or forced fulfillment of the defendant’s obligation confirmed by the court.

In claims for award, the plaintiff, turning to the court to protect his right, asks:

1. recognize his controversial right;

   sentence the defendant to commit certain acts or to refrain from committing them.

The peculiarity of claims for award is that they seem to combine two demands: recognition of the disputed right with a subsequent requirement to award the defendant to fulfill the obligation.

Claims for recognition are called establishing claims, since according to them, as a rule, the task of the court is to establish the presence or absence of a disputed right. The purpose of recognition claims is to eliminate the controversy and uncertainty of law. The defendant, if a claim for recognition is brought against him, is not forced to take any actions in favor of the plaintiff.

Claims for recognition include:

positive claims (aimed at recognizing the disputed right);

negative claims (recognizing the absence of a legal relationship).

Conversion lawsuits

Introduction

Lawsuit (from Latin actio) is an action aimed at protecting one’s own.

The concept of "claim" is used:

• when analyzing issues of protection of subjective rights and interests of a legal entity, state, subjects Russian Federation, municipalities, public organizations and an indefinite number of persons;
• when studying ways to protect rights and interests, means of recourse to court, forms of protection of rights and forms of judicial proceedings.

Due to the multiplicity of directions in the use of the concept under study, a generally accepted point of view in the scientific literature has not yet been developed.

The difficulty in developing the concept of “claim” lies in its duality:

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

The current Code of Civil Procedure, for example, establishes that the statement of claim must indicate what the violation or threat of violation of the rights, freedoms or legitimate interests of the plaintiff and his demands is. And the Civil Procedure Code is called “Claim Proceedings”.

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

When the concept of “claim” is used in the substantive legal sense, it is necessary to keep in mind such branches of substantive law in which the subjects have equal rights and obligations. You can only bring a claim and compete in your innocence with an equal.

In addition, one should also take into account the sectoral affiliation of subjective law (labor, family, civil, etc.), which influences the process, but does not undermine or destroy the claim form of proceedings in court, but makes it flexible and more suitable for protecting the right, owned by an individual or legal entity.

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

The procedural and legal side is addressed to the court with the requirement to conduct an open, public process, which is governed by the rules of procedural law, i.e. the content of this requirement is determined by procedural legislation.

Lawsuit- an appeal by an interested person to the court with a demand for the protection of his subjective right or interest protected by law.

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

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

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

Right to sue

The right to claim is the opportunity provided by law to apply to the court for protection, restoration of a violated right or elimination of uncertainty in the law.

First of all, Art. 46 of the Constitution of the Russian Federation, which ensures everyone the right to go to court.

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

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

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

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

General prerequisites for the right to bring a claim:

• Availability procedural standing from the plaintiff;
• jurisdiction of the case court of general jurisdiction;
• fact absence of a decision that has entered into legal force on a dispute between the same parties, about the same subject and on the same grounds, or a court ruling to terminate the proceedings in connection with the acceptance of the plaintiff’s refusal of the claim or the approval of a settlement agreement between the parties;
• fact absence of an arbitration decision that has become binding on the parties in a dispute between the same parties, on the same subject and on the same grounds, with the exception of cases where the court refused to issue a writ of execution for the forced execution of the arbitration court decision.

Special prerequisites for the right to bring a claim:

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

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

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

Types of claims in civil proceedings

Classification of claims possible on two grounds (criteria):

1. substantive;
2. procedural and legal.

Other grounds

There are other grounds for classifying claims in the literature.

For example, according to the nature of the interests being protected, claims are distinguished:

• personal;
• in defense of public interests;
• to protect the rights of others;
• on the protection of an indefinite number of persons (class actions);
• indirect claims.

Personal claims are aimed at protecting the plaintiff’s own interests in a controversial material legal relationship. They make up the bulk of cases resolved by courts of general jurisdiction.

According to claims in defense of public interests the beneficiary is assumed to be society as a whole or the state, since it is impossible to determine a specific beneficiary.

Lawsuits to protect the rights of others are aimed at protecting not the plaintiff himself, but other persons in cases established by law. For example, claims filed by authorities and guardians in defense of the rights of minor children.

Lawsuits on the protection of an indefinite number of persons(class actions) are aimed at protecting the interests of a group of citizens, the full composition of which is unknown at the time the case was initiated. One or more persons of the group act in the interests of the group without special authority. It is assumed that the trial procedure itself, associated with the need to notify and identify group members, allows a court decision to make the composition of the group definite, personalized (it should be noted that the issue of the identity of claims for the protection of an indefinite number of persons and class claims is debatable).

Indirect claims are aimed at protecting interests, the personal composition of which is predetermined. They are designed, first of all, to protect the interests of subjects of corporate relations (which are based on the association of individuals and (or) their capital in order to achieve a common economic goal, making a profit).

Classification of claims based on material and legal grounds

Classification of claims based on material and legal grounds ( corresponds to the branch of law):

• labor;
• housing;
• civil;
• family, etc.

Civil claims(claims from civil legal relations) are divided into:

1. claims from individual agreements (from a lease agreement, leasing agreement, etc.);
2. claims for protection of property rights;
3. legal claims;
4. copyright claims.

Substantive classification of claims allows you to correctly determine the direction and scope of judicial protection, the jurisdiction of the dispute and its subject composition, as well as to identify the specific procedural features of this dispute.

Classification of claims according to procedural and legal grounds

When bringing a claim, a plaintiff may pursue various goals. The very nature of the court decision depends on the purpose of the claim (its content) or the method of protecting the right, i.e. what decision does the plaintiff want to receive from the court?

According to procedural and legal grounds, claims are distinguished:

• about the award (executive);
• on recognition (institutional);
• transformative (debatable, in some sources ).

Claims for award

The most common are requirements, the subject of which is characterized by such methods of protection as voluntary or forced fulfillment of the defendant’s obligation confirmed by the court.

In claims for award, the plaintiff, turning to the court to protect his right, asks:

1. recognize his controversial right;
2. sentence the defendant to commit certain acts or to refrain from committing them.

Features of claims for award is that they seem to combine two requirements:

• on recognition of the disputed right with a subsequent requirement to award the defendant to fulfill the obligation.

Claims for recognition

Claims for recognition are called claims establishing, since according to them, as a rule, the task of the court is to establish presence or absence of a disputed right. The purpose of recognition claims is to eliminate the controversy and uncertainty of law.

The defendant, in the event of a claim being brought against him for recognition not forced to take any action in favor of the plaintiff.

Claims for recognition include:

• positive claims (aimed at recognizing the disputed right);
• negative claims (recognizing the absence of a legal relationship).

Conversion lawsuits

In the theory of civil procedural law, there is a judgment about the existence of transformative claims that are aimed at changing or terminating the existing legal relationship with the defendant and it is indicated that this can happen as a result of the unilateral expression of the will of the plaintiff.

All claims that are called transformative can be classified either as claims for recognition (for example, claims for establishing paternity, for divorce) or claims for award (division of joint property of spouses). The division of claims into two types exhausts the classification of claims according to their procedural purpose.

Currently, the science of civil procedural law proceeds from the fact that there is no need to single out the institution of so-called transformative claims as an independent type of claims., since the court does not have the function of eliminating rights by its decision or creating rights and obligations that the parties did not have before the trial.

Elements of the claim

The law states that the change of claim occurs on its subject and basis (Civil Procedure Code of the Russian Federation). These elements are important for determining the scope of protection of the claim. They also establish the direction, course and features of the trial for each process.

In science, the following elements of the claim are distinguished:

1. item;
2. base;
3. content (controversial).

Subject of the claim is everything for which the plaintiff seeks a judgment, this specific substantive requirement the plaintiff to the defendant, arising from a controversial legal relationship and about which the court must make a decision. When filing a claim, the plaintiff can seek coercion and enforcement of his substantive legal claim against the defendant (demand repayment of a debt, return of an item in kind, recovery of wages, etc.).

The plaintiff may also demand recognition by the court of the presence or absence of a legal relationship between him and the defendant (recognition of him as a co-author of the work, recognition of the right to living space, recognition of paternity, etc.).

Along with the subject of the claim in civil proceedings, it is customary to highlight the material object of the dispute. In view of the obvious and inextricable connection of the latter with the subject of the claim, it should be concluded that the material object of the dispute is included in the subject of the claim and individualizes the substantive legal requirements of the plaintiff. This is especially noticeable when presenting vindication claims filed by the owners.

Grounds for claim are the circumstances, facts with which the plaintiff associates the presence legal relations submitted to the court for consideration. These are the legal facts on which the plaintiff bases his substantive claim against the defendant. This is stated in clause 4, part 2, art. 131 of the Code of Civil Procedure, according to which the plaintiff is obliged to indicate what the violation or threat of violation of the rights, freedoms or legitimate interests of the plaintiff and his demands is. Clause 5, Part 2, Art. 131 of the Code of Civil Procedure prescribes that the statement of claim must indicate the circumstances on which the plaintiff bases his claims against the defendant.

Thus, facts and circumstances can be divided into two types:

1. confirming presence or absence of legal relations between the parties to the case (agreement, damage to health, property);
2. confirming plaintiff's claims against defendant(failure to fulfill the contract, violation of traffic rules, operating mode of equipment).

Note on the content of the claim

Contents of the claim determined by the purpose pursued by the plaintiff in bringing the claim. The plaintiff may ask the court to award him a certain thing, to recognize the presence, absence or change of his subjective right. Consequently, the content of the claim must be understood as the plaintiff’s request to the court for the award, recognition or change (transformation) of the right.

Thus, the subject of the claim is determined by the claim of the plaintiff to the defendant, and the content of the claim is determined by the claim of the plaintiff to the court. In the content, the plaintiff indicates the procedural form of judicial protection.

Concept of civil claim

The basis for the occurrence of such an offense are the following concepts listed in Article 8 of the Civil Code of the Russian Federation:

• Deal.
• Agreement.
• Acquisition of property.

A separate basis for initiating a civil case may be damage to the health or property of the plaintiff. Similar civil cases aimed at monetary compensation for the purpose of restoring an object or compensation for damage in connection with its loss.

Parties to a civil claim can be not only individuals, but also private and government organizations.

Types of civil claims

Note 1

In the 19th century, Russian researchers argued that in modern law one can count exactly as many claims as there are legal relations that are regulated by laws. Perhaps this statement is very relevant today. Today in civil procedural law there are two areas for classifying claims. First, there are claims for recognition. Secondly, there are claims for award.

The substantive classification of claims depends directly on the nature of the material legal relationship. Land, administrative and tax matters are considered here. Civil procedural law has its own classification, which depends on its procedural features:

• Claims for award. The main purpose of such a claim is to fully recognize a specific subjective right. In other words, it is necessary to oblige the existing defendant to take specific actions. For example, vacate the garden plot, vacate the premises, or pay some money. Most often, this type of claim occurs in purchase and sale transactions.
• Claims for recognition. The main purpose of such a claim is to fully protect the interests of the plaintiff. In practice, such claims can be divided into positive and negative claims. In positive claims, the plaintiff may make demands for the direct recognition of some rights. In negative claims, the plaintiff may demand a refutation of the existence of a specific right.
• Conversion claims. These are claims that are aimed at making some kind of court decision. In this case, the decision carries a legal fact provided for by the rules of substantive law.

There is another classification of civil claims based on the nature of the interests being protected:

• Personal claims. These are claims that are aimed at protecting the plaintiff's own interests.
• Claims in defense of state and public interests. Claims of this type are aimed at protecting all property rights of society, the state or a specific person.
• Claims in defense of other persons. These are claims that are aimed at protecting a circle of people, and not the plaintiff himself, but act directly in his interests.
• Claims for the protection of a circle of persons (an indefinite circle). Lawsuits that are aimed at protecting a fairly large group of people. It is noteworthy that the composition of the group of persons at the time of filing the application may be unknown.
• Derivative, that is, indirect claims. Claims aimed at protecting the interests of organizations: joint-stock companies, limited liability companies, and so on.

The classification of claims based on the object of the violated right is divided into two categories:

1. property claims;
2. property claims.

A statement of claim is the most important element of judicial protection that the state provides to its citizens in difficult life situations when pre-trial settlement of a dispute with another person is impossible. Today there are different kinds claims in modern civil proceedings. The classification of statements of claim is convenient for legal proceedings, and also simplifies the work of lawyers - people whose professional responsibilities include analyzing and working on the texts of these documents.

Types of claims in civil proceedings can be divided according to the following principles:

• on the subject of the claim;
• by object of protection;
• according to the nature of the protected element.

The simplest way to classify claims is according to the areas of relationship between the participants in the process. These include, in particular:

• civil;
• family;
• housing;
• land, etc.

Claims can also be classified according to the nature of the defense interest: personal, class and indirect. Group applications can be submitted not only on behalf of a specific number of citizens who have signed the text of the requirements, but also in defense of an indefinite number of citizens - for example, residents of a microdistrict who oppose the construction of an environmentally harmful enterprise.

Time limits for filing a civil claim in court

The law allows that a statement of claim can be filed not only directly by a citizen who has suffered from the actions or inaction of the defendant, but also by his authorized representative, as well as other citizens or a representative of the prosecutor's office. To register and consider the case, you will need not only to draw up the text of the claim, but also to comply with the necessary deadlines for filing it. Failure to comply with the statute of limitations will not allow the claim to be registered in court proceedings and for subsequent consideration.

The statute of limitations for most types of civil claims is indicated in Article 196 of the Civil Code of the Russian Federation. Based on its provisions, the total limitation period today is 3 years. However, for some types of cases (causing harm to health, etc.) there are special statutes of limitations regulated by separate provisions of the Civil Code of the Russian Federation.

In accordance with Article 200 of the Civil Code of the Russian Federation, the time limit for filing a claim for proceedings begins not from the moment of violation of the plaintiff’s rights, but from the date when he became aware of such a violation. At the same time, the statute of limitations is not unlimited - the total limitation period cannot exceed 10 years for most types of cases.

If the plaintiff has missed the statutory limitation periods for objective reasons beyond his control (long-term illness, foreign business trip, etc.), the court can restore the period for the period necessary to accept the application for proceedings and its subsequent consideration. According to Article 205 of the Civil Code of the Russian Federation, the main condition for this, along with the provision of evidence confirming the presence of good reasons, is to limit the missed statute of limitations to a period of up to six months. If the court has granted such a request, a civil claim can be brought within a maximum of the next 6 months from the date of expiration of the limitation period.

The procedure for making changes and additions to the text of the claim

If new circumstances appear in the case, the plaintiff has the right to file a petition to amend or supplement his statement of claim. Guided by the provisions of Article 39 of the Code of Civil Procedure of the Russian Federation, the procedure for filing such a petition is not limited to any stage of consideration of the claim. The court may accept an application requesting a change in any element of the claim or the amount of the claim, up to and including the removal of the judge to render a verdict.

The rules of the Code of Civil Procedure do not provide for the mandatory presence in the petition of motives explaining the need to amend or supplement the claim. The request can be granted without their presence in the text of the application. However, the plaintiff should be prepared that if the amount of the claim increases, he will have to explain the principle of its calculation, as well as pay the missing part of the state duty.

In accordance with the provisions of the Code of Civil Procedure of the Russian Federation, amendments and additions are permissible only in one of the elements of the claim: the basis, subject or content. If a citizen wants to correct or add several elements at once, to do this he will have to file a new claim, since such significant changes or additions radically change the essence of the document. In fact, this will already be a new lawsuit that has little in common with the original one.

After considering the essence of the petition, the judge has the right to reject it if changes or additions conflict with the law or the interests of third parties. According to Article 39 of the Code of Civil Procedure, if the request to amend the statement of claim is satisfied, the procedure for its consideration begins anew.

Features of filing a claim for protection of honor and dignity

Claims for the protection of honor, dignity and business reputation are quite difficult to consider, since the demands made by the plaintiff largely depend on the subjective assessment of the moral damage caused to him. However, the current legislation in the form of Article 152 of the Civil Code of the Russian Federation provides any citizen with full protection of his rights of a non-material nature - related to the protection of honor and dignity.

How are the rights of citizens violated here? Often the dissemination of defamatory information occurs in a virtual environment. The widespread use of electronic media and social networks has made it possible for many people to express their opinions to a wide audience. Moreover, this opinion may not always be within the boundaries of generally accepted morality, which, accordingly, can cause certain discomfort or distress to the citizen in relation to whom this information was voiced.

If there are clear signs of deliberate dissemination of defamatory information in the text of a public statement, a citizen has every right to take advantage of the provisions of the law on the protection of honor and dignity, demanding not only the removal of false or immoral information concerning him or his family, but also compensation for moral compensation.

Filing a claim for the protection of honor and dignity must comply with the requirements of the Civil Code and the Code of Civil Procedure of the Russian Federation. This concerns not only the procedural design of the text of the claim, but also the substantiation of the claims. The court may reject a claim if a person demands compensation for moral damage and the removal of information that is personal value judgments, the right to express which is guaranteed by the Constitution of the Russian Federation. This implies that a negative assessment of the plaintiff cannot be a reason to file a defamation claim. Judicial protection is guaranteed only in the presence of deliberately untrue and defamatory information that caused moral damage to the plaintiff.

Acceptance of a claim for the protection of honor and dignity requires substantiation of the amount of moral damage caused. As a rule, the judge independently determines the amount of compensation based on the severity of the offense committed, the material wealth of the plaintiff and defendant, as well as a number of other factors.

It is worth considering that satisfaction of claims in the form of a refutation of defamatory information about the honor and dignity of the plaintiff is possible only in the same way as they were inflicted. If during the consideration of the case it turned out that the Internet resource where the obviously false information was posted is owned by unauthorized persons, which does not allow the publication of a refutation, the plaintiff will have to be satisfied only with material compensation. If demands for the protection of honor and dignity are presented to an officially registered media outlet, a court decision obliges its owner to publish such a refutation.

Features of claim proceedings in Russian legislation

Based on the provisions of Article 25 of the Code of Civil Procedure of the Russian Federation, claim proceedings mean cases that arose from conflicts in the field of various legal relations. At the same time, the nature of the claim is not so important - it may concern land, family or labor relations, demand compensation for material damage or protection of honor and dignity. In a legal sense, claim proceedings are court activities aimed at resolving conflicts between citizens using the laws of the Russian Federation and the norms of the Code of Civil Procedure.

In claim proceedings, there are rules that determine the procedure for considering a claim. These include, in particular:

• equality of both parties to the process;
• the presence or absence of a state-protected interest or controversial subjective right;
• the presence of a subjective right or state-protected interest as a subject of protection;

Claim proceedings operate to protect a subjective right or state-protected interest. The law allows for changes or additions to the rules of claim proceedings if the highest legislative body - The State Duma will decide to adopt certain amendments to the Civil Procedure Code and other legislative acts.

A characteristic feature of legal proceedings is a dispute about the law. In addition, the activities of courts imply not only performing the function of resolving a dispute, but also monitoring violations of the law.

How does recognition of a claim occur in accordance with the Code of Civil Procedure of the Russian Federation?

The provisions of Article 39 of the Code of Civil Procedure of the Russian Federation allow not only the possibility of changing the text of the statement of claim, but also recognition of its requirements (partial or complete) by the defendant. In case of partial recognition of the claims, the court may invite the parties to the process to end the conflict by mutual reconciliation.

In a situation where the plaintiff is not satisfied with the partial recognition of the claims, the judge continues to consider the case. The plaintiff's refusal is recorded in the protocol. The reasons for the confession or refusal of both participants in the case in the form of statements must be attached to the case materials, and the process itself continues as usual. The consideration of the claim ends with judicial debate, after which the judge leaves to make a decision.

If the applicant agrees with partial recognition of the defendant’s claims, in accordance with Article 173 of the Code of Civil Procedure of the Russian Federation, the terms of the settlement agreement are entered into the minutes of the meeting and signed by both participants in the process. The judge then issues a ruling to dismiss the case pending reconciliation between the parties. Its text includes the terms of the agreement being concluded (partial or full recognition of the plaintiff’s claims with specific actions or the amount of compensation). After this, the conflict can be considered settled.

There is no uniform definition of a claim in civil procedural law. There is also no single definition among scientists, but there are several points of view on the concept of “claim”:

1) from a substantive legal point of view, a claim is a material claim itself, i.e. a legal relationship;

2) from a procedural legal point of view, a claim is a means of protecting a violated or contested right or legally protected interest of a subject of civil legal relations.

From a substantive and procedural point of view, it should be characterized from both the material and procedural sides. Since disputes about law are resolved not only by courts of general jurisdiction, but also by other jurisdictional bodies, representatives of this point of view call a claim brought to a court or other jurisdictional body for consideration and resolution in a certain procedural order, the substantive legal claim of one person against another, arising from a controversial material and legal relations8.

In civil procedural law there are several features characterizing the claim: subject, basis, content, and also some authors attribute sides. Subject of the claim is a violated right. Under the cause of action those facts that indicate a violation of rights and interests protected by law should be considered. In the statement of claim, the plaintiff must indicate what the violation or threat of violation of rights, freedoms or legitimate interests is, i.e., the basis that prompted the plaintiff to bring a statement of claim to the court for the protection of his violated or disputed rights. Contents of the claim– a requirement to the court, aimed at protecting, restoring the violated protected property - 8 Zheruolis I.A. On the relationship between the material and procedural in the claim. Forms of legal protection and the relationship between material and procedural in individual legal institutions. Kalinin, 1977. pp. 14-15.

Scientists theorists highlight 3 types of claims:

1) claims for award. In the legal literature, they are also called enforcement actions, since they have executive power. Claims for award are aimed at enforcing a judgment. It follows that a judgment rendered in a claim for award must always be enforced, if not voluntarily, then compulsorily;

2) claims for recognition. The parties file this claim to confirm one or another fact; they are otherwise called establishing claims. For example, there was a typo in the last name on a citizen’s birth certificate. When entering into, for example, the right of inheritance, there are disagreements. In order to enter into the right of inheritance, it seems necessary to eliminate these shortcomings, i.e. a court decision is necessary. Claims for recognition can be either positive or negative. Positive claims are aimed at establishing the existence of a particular legal relationship, and negative claims are aimed at establishing the absence of a particular fact;

3) transformative claims. Claims aimed at making such decisions, which by their content have a substantive legal effect - law-forming or terminating. In this case, the subject of a transformative claim is the plaintiff’s right to demand from the court the establishment, change or termination of a particular legal relationship, right or obligation.

A person who believes that his rights or legitimate interests have been violated or challenged has the right to file a claim. The form of appeal to the court for claims proceedings is a statement of claim, which is submitted in writing. Statement of claim according to Art. 131 of the Code of Civil Procedure of the Russian Federation must contain the following information:

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

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

3) the name of the defendant, his place of residence or, if the defendant is an organization, its location;

4) data on a violation or threat of violation of the rights, freedoms or legitimate interests of the plaintiff and his demands;

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

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

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

8) list of documents attached to the application.

Place of residence of the citizen The place where the citizen permanently or primarily resides is recognized. Place of residence of minors, under fourteen years of age, or citizens under guardianship, the place of residence of their legal representatives, adoptive parents, and guardians is recognized (Article 20 of the Civil Code of the Russian Federation). Place of residence of persons sentenced to imprisonment, is their place of residence before conviction, but along with it it is necessary to indicate the postal address at the place of serving the sentence. This is necessary to send the plaintiff court notices and other documents presented by other persons participating in the case. Location of the legal entity is the place of its state registration, unless otherwise indicated in its constituent documents. State registration of a legal entity is carried out at the location of the legal entity’s property, which is indicated in the constituent documents by the founders.

If the required application is submitted by the prosecutor in defense of the interests of the Russian Federation, constituent entities of the Russian Federation, municipalities or in defense of the rights, freedoms and legitimate interests of a citizen or an indefinite number of persons, then it must be indicated what exactly their interests are, what right is violated, and also must contain a reference to a law or other regulatory legal act that provides ways to protect these interests. The statement of claim must be signed by the plaintiff or a representative who, in accordance with the procedure established in procedural legislation, is entitled to sign the statement and present it to the court. The rules for filing a statement of claim by the prosecutor also apply to the actions of state authorities, local government, and public organizations when they participate in the case in order to protect the rights and interests of other persons.

When filing a statement of claim, the plaintiff or his representative must indicate the normative act to which they refer, on the basis of which the court must make a judicial decision. In pursuance of the adversarial principle, by pointing out the circumstances and presenting relevant evidence, the defendant is given the opportunity to properly prepare to protect his rights and interests.

The following documents must be attached to the statement of claim:

1) its copy in accordance with the number of defendants and third parties;

2) a document confirming payment of the state duty;

3) a power of attorney or other document certifying the powers of the plaintiff’s representative;

4) documents confirming the circumstances on which the plaintiff bases his claims, copies of these documents for defendants and third parties, if they do not have copies;

5) calculation of the collected or disputed amount of money, signed by the plaintiff, his representative, with copies in accordance with the number of defendants and third parties, etc.

During the trial, the defendant can also bring a claim against the plaintiff to protect his rights and legitimate interests. A claim brought by the defendant against the plaintiff is called counterclaim. A counterclaim is characterized by the fact that it can only be filed in a process that has already arisen, and it is also considered together with the original claim brought by the plaintiff. Meanwhile, a counterclaim brought by the defendant against the plaintiff can be considered independently in separate civil proceedings. Filing a counterclaim in a process that has already begun is convenient for the court, since the interests of citizens who apply for protection can be considered immediately, without starting another civil proceeding. The possibility of filing a counterclaim is provided for in Art. 137 of the Code of Civil Procedure of the Russian Federation, which states that the defendant has the right, before the court makes a decision, to file a counterclaim against the plaintiff for joint consideration with the original claim. It should be noted that the filing of a counterclaim is carried out according to the general rules for filing a claim, i.e. the counterclaim must meet the requirements of Art. 131, 132 Code of Civil Procedure of the Russian Federation. Procedural legislation indicates on the conditions for accepting a counterclaim (Article 138 of the Code of Civil Procedure of the Russian Federation):

1) the counterclaim is directed to offset the original claim;

2) satisfaction of the counterclaim excludes, in whole or in part, satisfaction of the original claim;

3) there is a mutual connection between the counterclaim and the original claim, and their joint consideration will lead to a faster and more correct consideration of disputes.

The basis for initiating civil proceedings in the case is the acceptance of the statement of claim for production. So, if the above requirements for the statement of claim are not met, the court may make the following decision: refuse to accept the statement of claim, return the statement of claim, or leave the statement of claim without movement.

The court may refuse to accept a statement of claim in following cases(Article 134 of the Code of Civil Procedure of the Russian Federation):

1) the application is not subject to consideration and resolution in civil proceedings, since the application is considered and resolved in another court procedure;

2) the application is submitted in defense of the rights, freedoms and legitimate interests of another person by a state body, local government body, organization, citizen who is not granted such a right;

3) there is a court decision that has entered into legal force on a dispute between the same parties, on the same subject and on the same grounds;

4) there is a decision of the arbitration tribunal that has become binding on the parties and was adopted on a dispute between the same parties, on the same subject and on the same grounds, except if the court refused to issue a writ of execution to enforce the arbitration tribunal’s decision.

The issuance of a court ruling on the refusal to accept a statement of claim prevents the applicant from repeatedly filing a claim with the court against the same defendant, on the same subject and on the same grounds. In accordance with this law, a person whose claim has been rejected has the opportunity to file a private complaint.

The return of the claim may take place if (Article 135 of the Code of Civil Procedure of the Russian Federation):

1) the plaintiff did not comply with the pre-trial procedure for resolving the dispute or the plaintiff did not present documents confirming compliance with the pre-trial procedure for resolving the dispute;

2) the case is not within the jurisdiction of this judge;

3) the claim was filed by an incapacitated person;

4) the statement of claim is not signed or the statement of claim is signed or filed by a person who does not have the authority to sign it and present it to the court;

5) before the court issued a ruling on accepting the statement of claim for court proceedings, the plaintiff received an application for the return of the statement of claim;

6) in the proceedings of this or another court or arbitration tribunal there is a case regarding a dispute between the same parties, about the same subject and on the same grounds.

The issuance of a court ruling on the return of the statement of claim does not prevent a new application to the court with the same claim and on the same grounds.

If the statement of claim is drawn up without complying with the requirements provided for in Art. 131, 132 of the Code of Civil Procedure of the Russian Federation, the court issues a ruling about leaving the statement of claim without progress, of which the person who submitted the application is notified. Leaving the statement of claim without motion by the court allows the plaintiff to correct existing shortcomings, without eliminating which it is impossible to accept the statement of claim for proceedings. In its ruling on refusal to accept a claim, the court sets a time frame within which the deficiencies must be eliminated. A private complaint may be filed against the court's decision to abandon the statement of claim.

If, within 5 days from the date of receipt of the statement of claim by the court, he decided to accept the statement of claim, a court ruling is issued on the acceptance of a statement of claim and on the initiation of civil proceedings in the case. This court ruling sets a date for the court hearing, determines the parties, as well as third parties, and the presence of filed petitions.

When a claim is initiated, measures may be taken to secure the claim. The basis for securing a claim in accordance with Art. 139 of the Code of Civil Procedure of the Russian Federation is a statement of persons participating in the case. Securing a claim is permitted in any state of the case, even if failure to take measures to secure the claim may make it difficult or impossible to enforce the court decision. Upon receipt of an application from persons participating in the case, the court issues a ruling on taking measures to secure the claim. Measures to secure a claim may be (Article 140 of the Code of Civil Procedure of the Russian Federation):

1) seizure of property belonging to the defendant and located in his or other persons’ possession;

3) prohibiting other persons from performing certain actions related to the subject of the dispute, including transferring property to the defendant or fulfilling other obligations in relation to him;

4) suspension of the sale of property in the event of a claim for the release of property from seizure (exclusion from the inventory);

5) suspension of collection under a writ of execution contested by the debtor in court.

The list of measures to secure a claim is exhaustive. However, the legislator provides that the court may, if necessary, take other measures to secure the claim, which must meet the goals set for the court. Do not forget that persons who violate the restrictions established by the court are subject to a fine of up to 10 minimum wages. In addition, the plaintiff has the right in court to demand from these persons compensation for losses caused by failure to comply with the court's ruling to secure the claim. The judge immediately reports the measures taken to secure the claim to the relevant state bodies or local government bodies that register the property or rights to it, as well as their restrictions (encumbrances), transfer and termination. At the initiative of the defendant or the court, measures to secure the claim may be canceled. The issue of canceling security for a claim is considered at a court hearing. The parties are notified of the holding of the court hearing, but their failure to appear does not prevent the consideration of the issue of canceling measures to secure the claim. It is necessary to note some features of appealing a court ruling to secure a claim. Like all other court rulings, it can also be appealed in the manner prescribed by law. If the court’s ruling on securing the claim was made without notifying the person who filed the complaint, then the period for filing the complaint is calculated from the day when such person became aware of this ruling. It should also be noted that the defendant, after the court decision, which rejected the claim, has entered into legal force, has the right to bring a claim against the plaintiff for compensation for losses caused to him by measures to secure the claim.