The legislation establishes the obligation of the plaintiff to provide a copy of the application, the documents that are attached to it, to other parties to the dispute. The list of the latter is determined by Article 126 of the APC of the Russian Federation . According to this rule, documents can be provided in paper or electronic form. Consider further Art. 126 APC of the Russian Federation with explanations.
General requirements
According to Part 1 of Art. 126 APC of the Russian Federation , the plaintiff attaches to the application:
- Notification of delivery or other papers confirming the fact of sending to other participants in the case, copies of the claim and documents that the latter do not have.
- Duty receipt. If the subject is entitled to a benefit, then an appropriate supporting document is provided. The plaintiff may also attach a request for a deferral / installment plan or a reduction in the amount of the fee.
- Documents confirming the circumstances to which the person refers in his application.
- Copies of the state registration authority in the status of legal entity or individual entrepreneur.
- The power of attorney or other document certifying the authority to sign the claim.
- Copies of the ruling of the arbitral tribunal to ensure property interests before submitting the application.
- Documents certifying the fact of compliance by the plaintiff with the claim (other pre-trial) order, if it is provided for by agreement or legislation.
- Draft agreement. It is provided if the plaintiff has requested coercion to sign the agreement.
- An extract from the Unified State Register of Legal Entities (USRIP) with information about the location / residence of the defendant and the plaintiff, or whether an individual acquired IP status, termination of activity, or another document certifying this information or their absence.
These documents must be received no earlier than 30 days. before going to court.
Norm 126 of the agro-industrial complex of the Russian Federation with comments
The documents that the plaintiff attaches to the application can be divided into optional and mandatory. The former are referred to in paragraphs 6-8, and the latter are referred to in paragraphs 1-5 of Art. 126 APC of the Russian Federation . If these documents are sent by registered mail, then their delivery is confirmed by appropriate notice. The law does not prohibit the plaintiff from personally transferring papers or using courier services. In this case, pursuant to paragraph 1 of Art. 126 APC of the Russian Federation , a receipt of delivery is taken from the recipient.
Receipt
In norm 126 of the APC of the Russian Federation there is a requirement that the plaintiff must confirm the payment of state duty. For this, he attaches a receipt to the lawsuit. In case of non-cash deduction, it is presented in the form of a payment order with a bank mark. The Presidium of the Supreme Arbitration Court clarified in this regard that a document containing information in the fields appears as evidence of payment of the fee:
- "Deducted from the account" - the date of transfer of funds or the last payment (in case of partial payment).
- "Bank notes" - a stamp of a financial organization with the signature of the responsible executor.
The fact of deduction of duty in cash is confirmed by a receipt filled in according to the established model. It is issued by the cashier or other official who accepted the payment. The state duty is deducted in the manner and in the amount prescribed by law. According to Art. 50 BC, the amount payable in arbitration disputes is sent to the federal budget. Accordingly, the receipt must confirm this. If the plaintiff submitted a document certifying payment not to the federal budget, the arbitration court shall issue a decision on leaving the application without movement. The determination shall indicate the period by which the person must present the required paper. Along with this, the plaintiff is explained the opportunity to return the deducted funds.
Benefits on payment of duty
If they are provided to the subject, then, in accordance with norm 126 of the APC of the Russian Federation , he provides the relevant supporting document. Benefits for the deduction of duties when applying to the arbitration court are provided for in the Tax Code (Article 333.37). State agencies, prosecutors, local authorities, other institutions sending statements in defense of public / state interests are relieved of their duties. Benefits are provided for those who make claims related to violations of the rights of the child, authors of the results of intellectual work in claims for providing these persons with the opportunity to use the created products if the exclusive right to them belongs to other entities (compulsory license). In accordance with the Tax Code, public associations of persons with disabilities who act as defendants and plaintiffs, applicants with disabilities 1-2 grams are also exempt from paying the fee. The latter benefits apply in case of presentation of requirements of a material nature, when sending appeals containing property and non-property claims, if their price does not exceed 1 million rubles.
Petition
Norm 126 of the APC of the Russian Federation provides for the possibility of the plaintiff to attach to the application a request for a deferral / installment plan or a reduction in the amount of the fee. The arbitration court, when adjusting the amount, is guided by the Tax Code. In Art. 333.22 of the Code provides that the court, taking into account the property status of the plaintiff, can reduce the amount of the fee, postpone its deduction according to the rules enshrined in Art. 333.41.
Important point
The subject attaches documents to the application, which confirms his grave financial condition. Explanations on this issue are present in the Plenary Resolution of the Supreme Arbitration Court No. 6 of 03.20.1997. The act says that the documents by which the property status of the interested person is determined are:
- The list of settlement and other accounts, names, addresses of banks, other financial and credit institutions in which they are opened, confirmed by the tax inspectorate. The document, inter alia, contains information on the payroll services serving representative offices and branches of the applicant legal entity.
- Data on the absence of the required amount on the relevant accounts, the total amount of debt on the bank account and payment securities. This information must be certified by the bank.
Documents on the funds available on the accounts are also attached to the application for reducing the amount of the fee. If the request is refused, the claim shall be returned to the applicant.
Confirmation of circumstances
Norm 126 of the Arbitration Procedure Code of the Russian Federation establishes the requirement that the plaintiff must present documents that support the facts stated by him in the application. If they are not provided, the appeal will be left without movement. In resolving this issue, the court proceeds from a systematic analysis of the provisions of articles 128, 126 and 135 of the APC. At the preparatory stage, the court suggests that the parties to the dispute disclose evidence and, if necessary, present additional documents. In addition, the court assists in obtaining the necessary materials, requests (if there are petitions from the parties) papers and information relevant to the proceedings, takes other actions to ensure the correct and timely consideration of the dispute. In this regard, in each case, it is necessary to determine whether the claim can be accepted without evidence to prove certain facts to which the applicant refers. For example, it makes no sense to take into consideration an appeal to challenge the contract without appending its text.
Status Confirmation
The claimant must attach to the lawsuit the state registration certificate as an individual entrepreneur or legal entity. This is necessary to determine the jurisdiction of the case. According to the provisions of Article 59 of the Code, citizens can participate in the proceedings in person or through a representative. If the latter is vested with the right to sign an appeal to the court, then the corresponding authority is fixed in the power of attorney. On behalf of organizations, their bodies participate in the proceedings, on the basis of legislation, other regulatory acts, as well as in accordance with the constituent documentation. In this regard, when considering disputes with legal entities, a power of attorney and other papers attesting the credentials of representatives are attached to the claims. The latter include constituent documents.
Securing a claim
It is provided for in legislation and is implemented on the basis of an application from an individual or organization. Appropriate measures are aimed at ensuring the property interest of the applicant before filing a claim. The court makes a decision on their adoption. A copy of the decision is attached to the claim.
Claim procedure
It may be provided in the contract or legislation for certain categories of cases. If, according to the rules, pre-trial procedure is mandatory, then the documents confirming its compliance are attached to the claim (clause 7 of article 126 of the APC of the Russian Federation). For example, before presenting claims to the carrier arising from the transportation of goods, the applicant must send him claims in accordance with the rules enshrined in the relevant legal acts. They are the transport charter or code. A claim against the carrier can be brought by the consignee or the sender in case of his full or partial refusal to satisfy the claim or if he does not receive a response from him within 30 days. The application requesting termination / amendment of the contract should be accompanied by papers indicating the disagreement of the other party on the proposals put forward.
Additionally
From November 1, 2010, an extract from the Unified State Register of Legal Entities or the Unified State Register of Legal Entities with information about the location / residence of the defendant / plaintiff or acquisition by a citizen of IP status / termination of activity or other papers proving this information or their absence should also be attached to the application. Explanations on this issue were given by YOU. The court indicated that other documents could be a copy of the official page of the registering authority on the Internet, printed on paper and certified by the signature of the applicant (representative). The provisions of the norm do not apply to cases in which the defendant / plaintiff is a foreign entity or individual who is not registered in the status of individual entrepreneur.