Art. 125 of the Arbitration Procedure Code of the Russian Federation (the current version) defines the rules in accordance with which a petition is filed with the court considering economic disputes. Let us further consider the norm in detail.
General information
What are the main requirements defined by article 125 of the APC of the Russian Federation? A claim must be in writing. Direction of electronic document is allowed . To do this, the interested person fills out a special form posted on the court’s official website on the Internet. On the corresponding page, restrictions on the number of treatment symbols and other rules will be indicated. In addition, documents in digital format can be attached to electronic form.
What information should the statement of claim contain?
Article 125 of the APC of the Russian Federation prescribes to include in the document:
- The name of the court to which the appeal is addressed.
- The name of the plaintiff, its location. If the appeal is sent by a citizen, it indicates the date and address of birth and residence, work or state registration in the status of individual entrepreneur, contact information.
- Name of the defendant, place of residence / location.
- Claimant claimant. At the same time, references to legislative and other regulatory documents are indicated. In paragraph 4 of part 2 of article 125 of the APC also indicates that in the case of sending an application to several persons - the requirements for each entity individually.
- The circumstances that served as the basis for the claims, evidence supporting them.
- The value of the claim, if it is subject to assessment.
- Calculation of the amount recovered or disputed by the interested entity.
- Information on compliance by the applicant with a claim or other pre-trial procedure for resolving the conflict, if it is provided for by law or by agreement.
- Information about the measures taken by the court to ensure property interests before sending claims.
- List of applications.
Other information must be indicated in the appeal if it is required for timely and correct consideration of the case. It may also contain petitions, including the request for documents from the defendant or other entities. In Art. 125 para. 3 of the APC stipulates that the person filing the claim must send copies of the appeal and materials to all parties to the proceedings.
Explanation
To initiate proceedings, the interested person draws up a statement of claim. Art. 125 APC determines the requirements under which a person’s appeal will be accepted for consideration. The submission of claims drawn up in accordance with the requirements of the norms acts as the first and mandatory stage of legal proceedings. If the court considers that the requirements were not complied with when compiling the appeal, it may leave the lawsuit motionless or return it to the applicant. In any case, the authorized body performs certain actions within the time period established by the norms. Article 125 of the APC (Arbitration Procedure Code) formulates the requirements that must be observed by the person sending the appeal. Failure to comply with the requirements for the subject leads to adverse consequences.
Content
In the second part of Art. 125 APC defined information that must be specified in the appeal. First of all, they include the name of the court that will consider the dispute. When choosing an instance, one should be guided by the general procedure of tribal and territorial jurisdiction. Mandatory under Art. 125 APC, are information about the author of the appeal. As a rule, a person provides all the information about himself. The inclusion of contact information (phone number and email address) will ensure the timely notification of the decision. Indication of information about the defendant is mandatory. A legal entity has a name, which contains information about its legal form. If the name is defined in a foreign language, it should be indicated in the form in which it is present in the constituent documentation. The location of the enterprise is determined at the state registration address. It is carried out at the address of the permanent executive structure of the legal entity, and if it is absent, the person authorized to act on behalf of the organization without a power of attorney.
Important point
In accordance with the 6th article of the Federal Law No. 129, which regulates the procedure for state registration of legal entities and individual entrepreneurs, the information contained in the Unified State Register of Enterprises, about the address of a particular entrepreneur, can be provided by authorized bodies solely on the basis of a request. It is provided by an individual who has presented an identity document. In this regard, the courts must take into account that the appeal of the subject is not allowed to be left without movement only because they were not provided with information about the place of residence of the defendant with the status of IP. The institution has the right to apply independently to the registration authority.
Requirements
Art. 125 APC establishes that the content of the appeal must contain claims of the subject to the defendant. The requirements of the person must be clearly stated. Due to the fact that, as a rule, representatives of the parties participate in the proceedings, as a mandatory requirement of Art. 125 APC provides for the indication of references to the rule of law. If the court considers that the requirements are not clear, it may invite the entity to clarify them.
Foundation circumstances
In the lawsuit, the applicant must indicate the reasons for the claims, as well as provide evidence. This requirement reflects the order of proof. If, for example, a person asks to recover losses, he needs to confirm a set of facts:
- The basis for the occurrence of liability in the form of compensation for losses. This may be a violation of the terms of the contract, tort, other infringement of interests, as a result of which the damage appeared.
- A causal relationship between the basis for liability in the form of loss compensation and the loss incurred.
- Amount of damage.
- The blame.
It should be noted that Art. 125 APC does not require the submission of all evidence in the direction of the appeal. The norm instructs to give instructions on them. Evidence can be collected at the preparatory stage.
Price
The value of the claim is indicated if it is subject to assessment. The price is determined by appeals:
- On the recovery of money - based on the amount.
- On the recognition of an executive or other document, the recovery of which is carried out in an acceptance-free (indisputable) order, not subject to implementation. The cost is determined on the basis of the disputed amount.
- About claiming property or land. The basis for the calculation is the value of the objects.
The price also includes the amount of the penalty (interest, fines), as well as interest. The cost of an application consisting of several separate claims is determined by the aggregate of all claims. The court must understand what makes up the amount that the plaintiff requires. For example, the calculation of real losses and interest for the use of other people's funds according to the rules of Art. 395 GK.
Additional Information
Art. 125 APC provides for the obligation of the subject to indicate compliance with a claim or other pre-trial procedure for resolving the conflict. It can be provided directly in the legislation or in the contract between the parties to the dispute. Accordingly, the court will consider the claim only after compliance with the order. The appeal also indicates the measures that have been taken to ensure property interests before the start of production. In accordance with Article 99 of the agro-industrial complex, in the relevant ruling, the court sets a period of no more than 15 days. from the date of issuance of this act, to file a claim on demand, regarding which preliminary interim measures were taken.
Applications
At the end of the statement of claim , a list of documents confirming the position of the author is indicated. A person has the right to include various applications in a claim. For example, an entity may ask the court to request certain documents from the defendant if he himself is not able to obtain them. Often, an application for interim measures is included in the application. After listing all the applications, a signature and the number of compilation are put. The petition can be drawn up both by the plaintiff personally and by his representative. In the latter case, an additional document will be a power of attorney confirming the authority of the person. Its copy is included in the list of applications.
Newsletter
An integral requirement is the obligation of the applicant to send the rest of the conflict copies of his requirements, as well as the documentation attached to him, if it is not available to other participants. Such a need is associated not only with the direct exchange of pleadings, but also with the disclosure of evidence that is attached to the appeal to the court. A form of sending documents to the other party is established in the agro-industrial complex - by registered letter with delivery confirmation.
Conclusion
AIC, like other procedural codes, establish mandatory requirements for a statement of claim. They are necessary to ensure timely and correct consideration of claims, compliance with the principles of legality, equality in the administration of justice. Violation of the provided rules is expressed in leaving the appeal without movement. In this case, the court, making a determination, may establish a reasonable time to eliminate the deficiencies made by the author. If after this period no corrections are made, then the application will be considered not filed.