In claims brought by legal entities and individuals, justice is administered in the courts of general jurisdiction and in arbitration courts. At the same time, an organizational problem should be recognized: the court’s consideration is dominated by the proportion of ordinary, standard property requirements that are completely solvable at the stage of pre-trial settlement of disputes, which often does not allow judges to focus on the consideration of the most important cases ... However, such a development of the institution of pre-trial settlement of disputes as improvement of the state procedural system so far in the future.
Litigation
The scope of legal regulation of claims is determined by the status of the legal entity that is the defendant: if it is an individual, it is regulated by the Code of Civil Procedure of the Russian Federation, if the subject of business is the APK of the Russian Federation. In this article, having reviewed the specifics of both procedural areas, we will focus on the most important requisite of the plaintiff’s statement - the price of the claim.
In the aforementioned cases, the procedural law defines a claim for the recovery of funds, proceeding solely from the value of the disputed property and not including intangible aspects (which we will examine in more detail below in civil procedure and in arbitration procedure). Such in this case is the legislative restriction on the value expression of the rights of the plaintiff violated by the defendant.
The price of the claim is not simply indicated in the statement of claim - it is justified by presenting a calculation for it. Moreover, in some cases, although the requirements of the claim can be expressed in money, however, they will be considered non-property (for example, non-pecuniary damage or inheritance). Based on the price of the claim and in proportion to it, the amount of the state duty payable is calculated.
It should be noted that the practice of both courts of general jurisdiction and arbitration courts involves its own methodology for determining the price of a claim. Therefore, in view of the existing differences between these two procedural methods, later in this article we will consider separately an example of how the claim for the recovery of funds within the framework of the agro-industrial complex, and then the civil procedure, is resolved.
Arbitration Procedure Example
Consider a situation where the defendant is a legal entity or individual entrepreneur. It is the arbitration court that is the body for the resolution of disputes between legal entities and individuals engaged in individual entrepreneurial activity, if the damage is caused by the business entity. The interested person (plaintiff) initiates the aforementioned process by filing a statement of claim with the arbitration court. This document must contain strictly defined details. The most qualified stage in preparing a statement of claim is to calculate the amounts to be recovered from the defendant, i.e., the price of the claim.
AIC: the essence of the price of the claim
The price of a claim is calculated on the basis of claims for property and presented in cash. It displays the value of the property that is the subject of the dispute. On the other hand, it can be defined as the claim of the plaintiff in monetary terms. According to a special formula, the amount of the state duty payable is calculated from this attribute. Therefore, it must be correctly determined by the plaintiff and presented in the statement of claim. However, if he made a mistake, it will be specified by the arbitration court. We add that in the price of the claim should be included (according to Article 333.22 of the Russian Tax Code) interest, fines, interest.
Consider the methodology by which the price of a claim is determined in arbitration law. Depending on the type of property being the subject of the dispute, according to Article 103 of the APC of the Russian Federation, the price of a claim is determined in different ways. If it is a collection of funds, then proceed from the amount of collection. In case of claiming a plot of land, the criterion is its actual cost. When contesting an indisputable executive document presented to the plaintiff, they proceed from the amount of the monetary amount that is the subject of the dispute. When it occurs due to the recovery of property, the price of the claim is determined by the value of the property. If urgent and unlimited payments and extraditions are disputed, the claim is limited to their three-year amount.
The plaintiff, making a statement of claim, has the right, guided by the already mentioned by us Art. 130 of the Russian Arbitration Procedure Code, according to the criterion for the generality of evidence or according to the order of occurrence within it, to combine their claims to several defendants at once. In this case, the price of the claim is determined in total based on the requirements included in it.
As you can see, the preparation of the statement of claim requires a clear legal vision of the plaintiff, which is included in the price of the claim. If this is not the case, it is better to seek the advice and assistance of lawyers.
Administrative Procedure Code. Details of the statement of claim
When submitting a statement of claim to the arbitration court, a legal entity or an entrepreneur whose property rights are violated is guided by the norms of the administrative-procedural legislation.
When filling out the application, respectively, Art. 125 APC of Russia, it indicates the name of the arbitration court where it is filed. In the case of a statement from a legal entity, its full name and actual address are mentioned.
When applying for an individual, he should indicate his date of birth, place of work (date and place of registration as an individual entrepreneur). It should also include the name (full name) of the defendant, his actual location (place of residence).
In the application, the plaintiff should present his claim to the defendant, backing it up with a reference to relevant laws or other legal acts. The person or organization suing should be presented with evidence of circumstances that, in turn, justify the claim. The claim to the defendant to be evaluated is evaluated and the price of the claim is indicated in it. In this case, as already mentioned, the disputed or exacted amount must be calculated.
Example 1. The statement of claim, the defendant is a legal entity
Justice in disputes of legal entities and individuals, entrepreneurs, if the defendant is a business entity, is established by arbitration courts. In this case, the price of the claim, determined by the plaintiff, is not a strictly defined, formal amount. The basis of this price expresses in rubles the value of the disputed property or property damage. Note that (see the example below) also includes a penalty in the price of the claim. It may include lost profits due to non-possession of disputed property by the plaintiff.
However, the price of the claim does not include moral damage, costs of the non-property claimant: fines paid by him, expenses for paying for the expert’s work.
Justice follows a certain procedural order: first, the dispute itself is resolved on the merits (expressed in compensation by the defendant for the price of the claim), and only then - reimbursement of legal costs (which may include the costs of the expert and the representative).
The judge compares the price of each current claim with the prices of claims in similar disputes. The plaintiff himself decides what to consider in it. The price of the claim is determined finally at the stage of judicial review.
An example of a statement of claim
As a clear illustration of our discussion of the administrative-procedural consideration of claims, we will present an arbitrary example of a statement of claim by a plaintiff - a legal entity of Alpha LLC - to an arbitration court drawn up in accordance with the requisites.
In the arbitration court of the Tver region
Claimant: LLC Alpha
Address Tver, st. Hippodrome, house 8.
Defendant: Beta LLC
Address: Tver, st. Fadeeva, building 14
Statement of claim (sample)
On non-compliance with the terms of the lease
The plaintiff and the defendant entered into a lease of non-residential premises with an area of 350 square meters on May 15, 2013, the conditional number of the object is 18, located at the address: Tver, st. Hippodrome, building 10, owned by the plaintiff by right of ownership.
Accordingly, Art. 614 of the Russian Civil Code and paragraph 4.1 of the contract, the Lessee agrees to fully pay the rent. The amount and terms of the lease are mentioned in clause 6.2 of the contract and in the calculation of the lease, which is an integral part of the lease agreement dated May 15, 2013 No. 147.
Violating the terms of the contract, the defendant did not pay rent for the period from July 2013 to October 2013, and therefore the debt accumulated in the amount of 130,000 (one hundred thirty thousand) rubles.
Based on the foregoing, guided by paragraphs. 4.1 and 6.2 of the Lease Agreement, as well as Articles 622, 614, 610, 606, 314.309 of the Civil Code of the Russian Federation, Articles 126, 125, 28, 27, 4 of the Arbitration Procedure Code of the Russian Federation, to recover 130 000 (one hundred thirty thousand) rubles from Beta LLC, components including 120,000 (one hundred twenty thousand) rubles. debt and 10,000 (ten thousand) rubles. forfeits - expenses related to the payment of state duty.
Application:
- receipts of mail on sending a copy of the statement of claim to the defendant on 1 sheet;
- lease agreement (copy) dated May 15, 2013 No. 147;
- calculation of the price of the claim;
- certificate of debt;
- certificate of state registration (copy);
- power of attorney (copy).
Director (signature, name, seal).
AIC - on changing the price of the claim
It should also be noted that, according to Art. 49 of the Russian agro-industrial complex, the price of a claim in the arbitration process may vary. At the same time, procedural legislation regulates that it is determined solely in the order of property requirements. This resonates with part 1 of article 91 and subparagraph 1 of paragraph 1 of article 131 of the Civil Procedure Code of the Russian Federation, as well as with subparagraph 1 of paragraph 1 of article 333.19 of the Tax Code of the Russian Federation. Thus, non- pecuniary damage is not included in the price of the claim, including material requirements. It also does not include the requirements of housing disputes, family matters related to pension law, disputes regarding the actions of representatives of state authorities.
The adjusted calculation of the price of the claim suggests that when formulating additional property claims by the plaintiff, they, in proportion to the increase, make an additional amount of state duty. If the amount of the claim decreases, the overpayment of state duty is returned to him.
The right of citizens to claims
Civil protection is assigned to every Russian citizen by the Constitution and the Civil Procedure Code. In case of violation of his property rights or contesting the relations or consequences arising as a result of actions of third parties, he has the right to apply to the court. Most civil cases in courts of general jurisdiction are considered according to the lawsuit procedure. In this case, the lawsuit itself acts as a procedural remedy for the challenged or violated right.
Civil Code on Claim Price
How to determine the price of a claim? This calculation procedure in civil law is enshrined in Article 91 of the Civil Code. The consideration of claims in which individuals are the defendant is the prerogative of the courts of general jurisdiction (including magistrates' courts).
The variety of types of property that is controversial in the civil procedure of claims is determined by various methods by which the price of the claim is calculated. Code of Civil Procedure of the Russian Federation involves the following methods:
- when considering claims for the recovery of funds proceed from the amount that is collected;
- if property is claimed - at its value;
- for claims for alimony - at their annual amount;
- Urgent payments and disbursements are estimated within no more than three years;
- regarding payments of perpetual and lifetime - for 3 years;
- for claims relating to an increase or decrease in payments, the adjustment amount is calculated based on the payment year;
- according to requirements - to stop payments, based on their remaining amount, but no more than for 1 year;
- regarding requirements to terminate the lease of property - based on the amount of the remaining payments for the use of the property, but not more than 3 years;
- in claims for the right of ownership of a real estate property - for an amount not lower than its inventory assessment.
The price of “complex” claims, consisting of several claims, is calculated as the sum of the prices of each of them. Recall also that part 1 of article 91 of the Civil Code of the Russian Federation determines that the ruble is the currency for calculating the price of the claim. Valuation of property in foreign currency is translated into rubles according to the method of Art. 317 of the Russian Civil Code. Fundamentally, for civil procedure consideration, the question sounds: “What is included in the price of the claim?” Let us say right away: the legal approach here is similar to that already considered by us in this article for the administrative and legal process (the main amount of the debt plus penalties).
Recall that, in addition to the price of the lawsuit, the Civil Procedure Code also involves legal costs, including the state duty and the funds paid to the experts and witnesses involved in assisting the court, as well as the costs of finding the defendant and the costs associated with the enforcement of the court decision. At the same time, we note that the amount of the state duty is determined by the methods presented in the Law of the Russian Federation “On state duty”.
By the way, mistakes are not uncommon when, when filing a statement of claim, the plaintiff includes the state fee (these are legal costs!) And moral damages (an estimated indicator, which by its nature does not correspond to the price of the claim).
Be that as it may, the plaintiff himself sets the price of the claim. If it does not correspond to the appraised value determined by the court, then the court in the course of the civil law process changes the price of the claim.
The situation when the price of a claim is indefinable
In civil procedural practice there is a consideration of requirements for which at the time of their consideration the price of the claim cannot be determined. How to calculate the price of a claim in such a situation? According to subparagraph 9 of paragraph 1 of Article 333.20 of the Tax Code of the Russian Federation, in this case, the judge during the judicial review of the dispute has the right to preliminarily establish the approximate price of the claim, taking into account that in the next (within ten days after the entry into force of the court decision) it will be adjusted (subparagraph 2 paragraph 1 of Article 333.18 of the Tax Code of the Russian Federation).
In this case, the plaintiff asks the court, based on the uncertainty of the price of the claim, to establish it.
Example 2. The statement of claim of an individual
As an illustration of the above, we bring to the attention of readers a statement of claim (sample) for debt collection under a loan agreement. In this case, both the plaintiff and the defendant are individuals. Disputes of this kind are considered in a civil procedure.
In the Moscow District Court. Tver
Plaintiff: Petrov Alexander Vasilievich
Address: Tver, st. Hippodrome, building 8, apt. 22
Defendant: Semenov Vasily Arkadevich
Address: Tver, st. Fadeeva, house 14, apt. 34
The price of the claim is 160,000 (one hundred sixty thousand) rubles
Statement of claim (sample)
debt collection under a loan agreement
On May 17, 2013, the defendant asked me to lend him money. I agreed, and we entered into a loan agreement. Citizen Semenov Vasily Arkadevich personally received from me a sum of 150,000 (one hundred fifty thousand) rubles by prior arrangement. As we agreed, the repayment of the loaned amount should have been carried out before December 01, 2013, which the defendant indicated and confirmed with a signature in his receipt.
Not returning the money on time, citizen Semenov Vasily Arkadevich violated the deal.
I have repeatedly tried to repay the debt, but my requests and reminders did not have a positive result. The defendant refused by reason of his lack of funds to repay the debt. Under such circumstances, I have to appeal to the court for the return of my debt.
According to the above circumstances and guided by Articles 810, 808, 807 of the Civil Code of Russia and Articles 132, 131 of the Civil Procedure Code of Russia,
I ask :
To claim the defendant's debt in favor of me, based on a loan agreement in the amount of 150,000 (one hundred fifty thousand) rubles. Collect from Semenov Vasily Arkadevich interest payment for the use of money in the amount of 10 000 (ten thousand) rubles.
I ask all costs of the proceedings to be entrusted to V. Semenov in my favor.
Applications (on seven sheets):
- statement of claim (copy) - 1 pc .;
- receipt of Mr. Semenov V. A. (copy) - 1 pc.;
- calculation of the amount of the claim, including and% on the use of the borrowed amount - 2 copies;
- original state duty receipt - 1 pc.
Conclusion
Summing up the consideration of the procedural methodology for assessing the price of a claim, we note that its determination is the principal requisite of the statement of claim. Based on its value, compensation is made for the violated property right of the plaintiff, and the amount of state duty is determined in proportion to it. It does not include legal costs and non-property claims of the plaintiff, which are usually assigned to the defendant. Any modern person should have a legal understanding of this legal mechanism.
However, faced with a violation of their property rights, of course, it is worth asking a professional lawyer a question: “How to calculate the price of a lawsuit? How to write a statement of claim for the current legal situation? ” After all, a correctly drawn-up statement of claim to the court is the key to its proper consideration in the future.