A lawsuit is both a way to restore the subjective right of a person and a necessary condition for initiating civil proceedings. At the end of the pre-trial proceedings, the person turns to the authorities, the level of which is determined by jurisdiction in each case, to protect the interests provided by law. The plaintiff draws up an application that must comply with the form established by law and contain an extremely concrete and justified description of the essence and grounds of the person’s claim.
There is no definition of the term “lawsuit” in Russian law, but this definition is used. According to the text of the Civil Code, there are two elements of the application: the subject and the basis of the claim. In legal science, discussions are being held on the fairness of the allocation of such a component as the content for this type of document.
Proponents of the idea of affirming this element as an independent reveal it as a court action desired by the plaintiff. So, the applicant may demand the award of the defendant (procedural opponent) to commit a certain action or to abstain from any activity - to authorize the prohibition in the form of a court decision or order. Also, the plaintiff may demand recognition of the existence or absence of a legal relationship or its change or termination.
The subject of the lawsuit is understood by modern civilians differently. Some authors disclose this category as a controversial relationship, which must be resolved by the court at the request of the plaintiff. Other theorists understand the subject of the claim as a substantive dispute with which the applicant appeals to the competent authorities. Finally, for the most part, experts interpret the category as a specific claim of the plaintiff against the defendant, according to which the court, as a result of analysis of documents and evidence provided by the parties, as well as legal rules governing these relations, must make a reasoned and legal decision.
The position of the last group of authors seems to be most justified due to the fact that it reflects the
principle of competitiveness of the parties in civil proceedings. The subject of the claim in this case is understood as the claim of the plaintiff against the defendant, and the court acts as an arbitrator, designed to return the relationship of the parties to the dispute to the scope of the law. This understanding of the essence of the investigated element of the statement is closer than the rest to the modern concept of the civil process.
The subject of the claim in the proposed interpretation is closely related to its content. The latter is defined as the desired action of the court for the plaintiff, and not the requirement of the defendant. Based on the fact that the applicant is certainly waiting for a certain decision from the judge, taking into account the competitiveness of the civil process, it can be concluded that it is reasonable to distinguish such elements as the content and subject of the claim as independent components of the appeal.
In addition to those listed, they also highlight the basis of the statement. Under it is customary to understand the circumstances on which the requirement is based. So, if the subject of the claim is a direct request, then the basis is evidence of a
violation of law, title and authorization documents, other evidence of the legality and validity of the appeal.