Art. 131 - 132 of the Civil Procedure Code of the Russian Federation list the elements of the statement of claim. They apply to other applications filed in civil proceedings. Their failure to obstruct the proceedings.
The value of articles
The value of Art. 131, 132 of the Civil Procedure Code of the Russian Federation is difficult to overestimate. They are the basis for the requirements for all applications submitted to the court. This includes lawsuit, simplified, special proceedings.
Failure to comply with the law requires the judge to leave the lawsuit without motion. The application remains in an intermediate state. Further, the claimant is given time to correct errors and shortcomings.
Due to some violations, the claim is immediately returned to the applicant, and after correcting the errors, it must be submitted again.
Identification of some shortcomings of the application after the beginning of the consideration of the case on the merits gives the court the right to close the case and leave the lawsuit without consideration, canceling all previous decisions.
The conclusion is based on judicial practice on the application of Art. 131, 132 of the Civil Procedure Code of the Russian Federation, including judges of the Supreme Court of the country.
The return of the claim does not stop the limitation period, and the plaintiff risks subsequently losing the right to appeal to the court.
Claim Structure
Based on the foregoing, failure to comply with Article. 131, 132 of the Civil Procedure Code of the Russian Federation is considered significant, although it is not always such from the point of view of a simple person. Listed below are the elements of the claim that you need to pay attention to:
- name of court;
- F. I.O. or name of the plaintiff, place of residence or location;
- F. I.O. or name of the defendant, place of residence or location;
- similar information about the representative, if the application is submitted by him;
- facts and evidence confirming the opinion of the plaintiff;
- the essence of violations or threatening rights and interests;
- price of the claim, unless otherwise provided by law;
- information on the implementation of the pre-trial procedure for the resolution of the dispute;
- claim requirements;
- list of attached copies of documents.
Where is the lawsuit filed
The court is indicated as the first paragraph of the claim in Articles 131, 132 of the Civil Procedure Code of the Russian Federation . The applicant, with a few exceptions, has the right to submit an application at the place of residence or location of the defendant. With the choice of a district or city court by a court (in small settlements), everything is not so difficult.
A magistrate's court serves a number of streets. And it depends on the exact knowledge of the address of residence or location of the defendant to which of the justices of the peace.
Features of world courts
According to Art. 23, 131, 132 of the Civil Procedure Code of the Russian Federation, they consider cases from a limited list. Most often these are massive, uncomplicated disputes. More time is spent on paperwork than on litigation. An example is the issuance of orders based on applications from citizens and organizations.
District courts hear cases that are subject to magistrates' courts if part of the requirements in the application should be considered at the district level. For example, a woman asks to establish paternity and assign child support payments.
If the application contains a request to collect alimony in cash, a lawsuit must be filed with the district court.
Information on the participants in the case
Articles 131 and 132 of the Code of Civil Procedure of the Russian Federation refer to the surname, name, patronymic of the applicant. Lawyers who draw up the documents are asked to show a passport in order to prevent mistakes in writing the surname and name of the person.
What does it mean: "Specify the name of the organization"? This is the designation of the legal form (LLC, PKU, etc.) and the word or phrase enclosed in quotation marks. Correct is considered an indication, for example, LLC Petrov and Vasiliev.
The address is entered in the application as a place of residence. If a person does not live at the place of registration, it is better to indicate the actual data. Enter information about the place of registration is optional.
It is also the case with the indication of F. I.O. and the place of residence or location of the defendant.
The location is indicated if the party to the case is the organization. Her representative can indicate several addresses. It is worth paying attention to the address intended specifically for receiving correspondence.
Representative
Art. 131, 132 of the Civil Procedure Code of the Russian Federation imposes on the representative the obligation to fully indicate the surname, name and patronymic, place of residence. If the representative is an organization, the full name and address of the office are indicated.
The person performing representative tasks shall attach a copy of the power of attorney. If the prosecutor acts in this capacity, the lawsuit states the reasons for going to court on behalf of a citizen or organization.
In Art. 131, 132 of the Civil Procedure Code of the Russian Federation, only the prosecutor is given the right to file a claim in defense of the rights of an unlimited number of people or organizations. He has the right to go to court if there has been a violation of the rights of the state and municipalities. Reasons for applying to the court: results of inspections, applications of citizens, information received from other bodies.
Description of circumstances
In accordance with Art. 131, 132 of the Civil Procedure Code of the Russian Federation, the plaintiff says, because of which a dispute arose. The description includes a statement of events, actions or inaction. The information should be presented in such a way that the judge understands what the violations of the defendant are. The text should not allow emotional expressions and provide information that is irrelevant from the point of view of the law. For example, the characteristics of a person in a dispute over the amount of debt collection. Excessive information loads the lawsuit and does not allow the judge to quickly understand the essence of the dispute and understand it, spending a minimum of time.
Dispute Price
The recognition of property rights, debt collection, damage - all this affects the material interests of the parties. Why should a judge know how much the plaintiff evaluates his claims? Based on them, the size of the state duty is calculated, which is paid. The calculation rules are established by the Tax Code of the Russian Federation.
For some cases, a fixed price is set. This is allowed if it is not possible to calculate the amount of the claim or to establish a fixed fee.
The use of pre-trial procedures
The plaintiff first sends a complaint to the defendant or sends a complaint to the competent authority, for example, to the appeal commission of Rosreestr. Having no information about an attempt to resolve the dispute otherwise, the court will return the statement to the plaintiff.
If we consider Art. 131, 132, 264 of the Civil Procedure Code of the Russian Federation, in cases of special proceedings documents are required that attest to the need for the court to participate in the decision of the case.
Pre-trial procedures are considered a formality, but sometimes they help. In addition, a response from the body or organization that violated the rights gives an idea of its position.
Attach either a response or evidence of a complaint or a claim if a timely response has not been given to them (the evidence is a notice and an inventory issued by mail).
If before filing a lawsuit with a court, the law requires you to apply for an order, you must attach the court ruling on canceling the order or refusing to issue it.
Features of enforcement proceedings
The issues of suspension, termination, postponement, installment payment and resumption of proceedings shall be considered by the courts that issued the decision in accordance with the rules of civil proceedings. It is also done when appealing the size of property valuations.
The appeal of actions or inaction, or other decisions is provided already in the framework of administrative proceedings.
The conclusion follows from the provisions of Art. 131, 132 and 441 of the Civil Procedure Code of the Russian Federation in the latest edition.
Claim requirements
In Art. 131, 132 of the Civil Procedure Code of the Russian Federation “I ask” is not mentioned, however, it is with this word that the text of the claim is separated from the list of requirements.
Their number is not limited. The choice of language depends on the plaintiff. Firstly, they must be consistent and not contradict each other, and secondly, correct - comply with the norms of the law. For example, to recover a sum of money, and not to claim it, to recognize the right to a thing, indicating its characteristics according to the register of rights.
Requirements - one of the most difficult stages of writing a lawsuit, which requires the knowledge of a lawyer.
What papers are attached to the claim
Art. 132 GPK offers a short list:
- copies of the claim and attached documents according to the number of participants in the process;
- document on payment of the fee (receipt or payment order);
- papers confirming the facts referred to by the plaintiff;
- a copy of the papers about an attempt to resolve the case without the participation of the court;
- calculation of the amount requested by the applicant (a special table, which shows why such a sum is requested).
In the affairs of each category there is a standard set of documents. And the judges on the summons (or ruling on the opening of the case) prompt a list of necessary documents.