To protect their interests, citizens often need to go to court. To initiate a lawsuit, claims must be filed. This happens by filing a lawsuit by the party to the case. The plaintiff is required to prepare documents.
Does a citizen know that as to file a claim in court correctly, the outcome of the case subsequently depends - refusal or satisfaction of requirements. Russian law in matters of civil proceedings, in contrast to criminal law, imposes the obligation of proving circumstances to the parties.
How to choose a court?
Which court to file a claim with determines the procedural law of Russia. In total, there are two types of courts that consider civil claims: world and district. World courts of primary circulation. District in some issues may be the courts of first instance, and in others - the appellate court in cases considered earlier in the world.
World or regional?
In order to correctly determine which court to file a claim, it is necessary to study the content of Art. 23 and 24 Code of Civil Procedure of the Russian Federation. According to legislative standards, the jurisdiction of world courts includes cases:
- About divorce when there is no dispute about children.
- On the recovery of alimony without the need to additionally establish paternity.
- About the division of property, if the price of the claim is within 50,000 rubles.
- On property disputes, except cases of inheritance, recognition of intellectual property. The price of the claim is not more than 50,000 rubles.
- On the issuance of a court order.
- On contesting the procedure for using the facility.
Other civil cases fall under the jurisdiction of district, military or specialized courts. The law does not allow the consideration of disputes over the jurisdiction of cases between a district and a world court. The correct choice of the instance rests with the plaintiff, who is obliged to independently determine how to file a claim with the court.
We determine the territoriality
In addition to clarifying the type of court, the plaintiff must determine the territorial location of the court. The law provides a general procedure for filing a statement of claim with the court at the place of residence (location) of the defendant (Article 28 of the Code of Civil Procedure of the Russian Federation).
There are exceptions (Article 29 Code of Civil Procedure of the Russian Federation). It is allowed to apply to the courts at the place of residence of the plaintiff, if there is a motivated justification for this step. An example is the presence of a small child when applying for child support.
The legislator also determined that it is possible to focus on finding the main part of the disputed property in order to identify the place of filing the statement of claim to the court. When using alternative methods for determining territorial jurisdiction, one must refer to the regulatory framework in the body of the claim, justifying this step.
Filing a statement of claim
All documentation used during the trial must fully comply with the requirements for the preparation and execution of procedural documents. Submission of a statement of claim to the court requires a thorough study of the essence of the case, clarification of circumstances and determination of reasonable claims. An improperly drawn up claim or containing non-compliance with the standards may be left without consideration; at the beginning of the trial, the plaintiff will be denied.
A civil lawsuit should always contain the following elements:
- name and address of the court,
- details of the plaintiff,
- details of the defendant,
- details of the representative (if any),
- third party data (if any),
- document's name,
- descriptive part,
- substantiation of requirements
- request (requirements)
- Attached documents,
- date of,
- signature of the plaintiff (representative).
Below is an example of a claim header.
An important condition for how to file a claim with a court correctly is the preparation and processing of documents attached to the claim. Confirming papers must be presented in the original or certified copies. When attending meetings, the court may request the plaintiff's original documents for review and comparison with the copies in the case.
Documents for filing a statement of claim to the court are prepared in at least two copies, and the statement itself in three.
- The first copy with possible originals of the applications is put into the case,
- The second is for the defendant,
- The third is a copy of the plaintiff.
A copy of the plaintiff’s statement of claim is usually marked with the acceptance of documents by the clerk of the court. It is not necessary to make copies of the appendices to the claim for the plaintiff.
Legislation allows amendments and corrections to the statement of claim and claims, but only in terms of mathematical data or the presence of descriptions and inaccuracies, for example, incorrect indication of the date of payment or marriage. If a mistake is made in the determination of the defendant, the court, or the mandatory annexes to the lawsuit have not been filed, the application will be left without consideration and returned to the plaintiff.
How to file?
The choice of how to file a lawsuit is with the applicant. The most common option is to send it through the office to receive a mark on the delivery of the plaintiff's application on a copy. This can be done in person or through a representative. If the applicant empowers another person to represent his interests in court, then a power of attorney will be required. Without an identity card and authority, the representative will not be able to file a claim.
In a situation where it is not possible to visit the court in person and send a representative, you can use the services of the Russian Post. It is necessary to send documents with a valuable letter with a mandatory list of attachments. So subsequently it will be possible to prove the fact and date of filing the claim.
The deadline for submitting a statement of claim to the court should be in the period of limitation. Otherwise, you must apply for the restoration of the missed deadline. The law establishes a general limitation period of 3 years. In some cases, a special one is applied - 1 year. The beginning of the reference period is the moment of detection of a violation of the rights of a citizen. If, for legitimate reasons, the term indicated by the legislator was missed, then before filing a lawsuit, the term must be restored. Recovery procedure - filing an application-petition to the court. When confirming the grounds for the extension, the judicial authority will provide the citizen with additional time to protect their interests.
Fee for consideration of the statement of claim
Court proceedings are subject to a fee. The state duty when filing a claim in most cases is paid before the visit. Exceptions are situations when:
- The plaintiff is exempt from payment. In this case, the losing party pays the fee based on the results of the case.
- There is no way to set the size of the fee. This happens when the property that is the subject of the dispute is not evaluated. In this case, a fee is paid for going to court with a parallel filing of a request for a deferral. The full amount is paid after establishing the price of the claim.
If you have the right to an exemption from duty, you must provide evidence and ask the court to accept the statement of claim without receipt of payment of state duty. The fee is transferred before the filing of the claim in court by a single payment by the plaintiff or his representative. Payments from third parties will not be accepted. According to the results of the trial, the plaintiff, in case of victory, may recover legal costs, including a fee, from the loser defendant. The fee paid is not refundable even if the court refuses to consider the case.
The standard size of the fee for a citizen’s claim for the protection of his non-property rights is 300 rubles. If it is required to resolve the property dispute, then the payment for the consideration of the case will depend on the price of the claim, which is equal to the value of the disputed property. The maximum state duty in resolving a property dispute is 60,000 rubles, and the minimum is 400 rubles.
When submitting an application for the issuance of a court order, a writ proceeding is initiated, not a lawsuit. The state duty for filing such an application will be 50% of the estimated duty in the event of a lawsuit. The maximum limit of a property dispute with the use of writ proceedings is 50,000 rubles.
Lawyer of the college of legal protection. He specializes in administrative and civil cases, compensation for damages by insurance companies, consumer protection, as well as cases involving the illegal demolition of shells and garages.
What should be indicated in the lawsuit?
Statement of claim - an official document that must clearly comply with the established form. Violation of legal requirements may lead to:
- - denial of acceptance (Article 134 of the Code of Civil Procedure of the Russian Federation),
- - return (Article 135 of the Code of Civil Procedure of the Russian Federation),
- - to be left without consideration (Article 136 of the Code of Civil Procedure of the Russian Federation).
Additionally, the lawsuit states:
- name of the judicial authority to which the application is sent,
- the name of the plaintiff, indicating the place of residence (enterprises and organizations must indicate their legal address),
- data of the representative, including place of residence (if the application is submitted by the representative),
- name of the defendant and his place of residence (for organizations - legal address),
- essence of violations (threat) of the rights, freedoms and interests of the plaintiff, and his claims,
- a list of circumstances that form the basis of the applicant's claims (with evidence of their occurrence),
- the price of the claim (if it is subject to assessment) and a detailed calculation of the amounts that are recovered or disputed,
- data on the pre-trial settlement of the dispute (if provided for by federal law and the terms of the contract),
- list of documents attached to the claim (including receipt of payment of state duty).
In the application, you can specify phone numbers, fax, email addresses of the parties to the representative. This information will allow you to quickly notify participants in the process of the date and place of the court hearing.
|When filing a lawsuit, copies of documents intended for transfer to the defendant are transferred to the judicial authority.|
The formed package is transmitted to the court registry or sent by mail (by registered mail with notification). Recently, citizens of the Russian Federation have the opportunity to file claims online.
Which court to apply to?
To protect your rights and legitimate interests, you need to not only know how to file an application with the court, but also to which authority it should be addressed.
Civil lawsuits are adjudicated by justices of the peace or district courts. The first should be contacted if:
- - the application for divorce is submitted, provided that the spouses have peacefully reached an agreement regarding the maintenance of children,
- - it is necessary to obtain a court order,
- - A lawsuit is filed on the division of property if the amount does not exceed 50 thousand rubles (Article 23 of the Code of Civil Procedure of the Russian Federation).
In other situations, the claim should be directed to the district court.
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Most of the applications are filed at the place of residence of the defendant (finding the organization to which the lawsuit is filed). However, in some cases, the law allows the plaintiff to choose a judicial authority. These are applications for divorce, collection of alimony, as well as claims for the protection of consumer rights (Article 29 of the Code of Civil Procedure of the Russian Federation).
The parties may agree on which court they will file an application with. This right is provided for in Article 32 of the Code of Civil Procedure of the Russian Federation.
State duty: size and benefits for payment
State duty - a fee that is paid when applying to the court. In accordance with Article 88 of the Code of Civil Procedure of the Russian Federation and 103 CAS of Russia, this payment relates to legal costs. These legislative acts regulate the procedure for determining the price of a claim, the recovery and distribution of legal expenses.
|Chapter 25.3 of the Tax Code of the Russian Federation defines the size of the budget payment, the procedure for making it, the cases of providing benefits, deferrals, installments and repayments.|
The amount of deductions to the budget depends on what claim the applicant goes to court. If the dispute is of a property nature, or a lawsuit is filed in connection with the occurrence of an administrative dispute, the amount is calculated depending on the price.
In administrative disputes, the amount of state duty is determined similarly.
There are some types of statements of claim, upon filing of which the plaintiff pays a fixed amount:
- divorce - 600 rubles,
- collection of alimony - 150 rubles (the amount is doubled, provided that the court has decided to recover alimony for the maintenance of children and the plaintiff),
- application to the magistrate for a court order - 50% of the amount that would have to be paid when filing a lawsuit,
- declarations of a non-property nature and complaints in the manner of supervision - 300 rubles for citizens and 6 thousand for organizations,
- appeals and cassations - 150 rubles for citizens and 3 thousand for organizations,
- administrative claims challenging legal acts - 300 rubles for individuals and 4.5 thousand for legal entities,
- contesting in administrative proceedings non-normative acts of state bodies and the local government, as well as the actions of officials - 300 rudders for citizens and 2 thousand for organizations,
- application for special proceedings - 300 rubles.
In accordance with the current legislation of the Russian Federation, the following categories of citizens are exempted from payment of state duty at the price of the claim less than a million rubles:
- disabled people of groups 1 and 2,
- plaintiffs applying for consumer protection,
- veterans (when filing a claim for the protection of their rights provided for by laws on veterans),
- pensioners submitting claims to pension institutions.
Also, the duty is not paid by public organizations of persons with disabilities.
The state authorities and local governments are exempted from the budget.
A new way to file a lawsuit
Since January 1, 2017, citizens of the Russian Federation have been given the opportunity to file claims without leaving their home or office. Changes were made to Federal Law No. 220 of 06.23.2016. The entry into force of this act allowed to file in electronic form:
- statements of claim
- submissions and other documents.
They can be referred to courts of general jurisdiction and administrative courts. The changes affected the participants in the criminal process.
Reception of documents is carried out through the service GAS "Justice". This opportunity can be used by citizens who have an account in ESIA or an electronic signature.
For legal entities wishing to file a claim with the arbitration court, a similar service appeared, which is called "My Arbitrator".
How to file an online application?
The procedure for applying to a judicial authority is quite simple. It can be divided into several stages:
- - We find the official website of the court. On the main page, select the item “Submission of procedural documents in electronic form”. On the page that opens, in the "Appeals" section, click on the "New Appeals" button. This is where the document will be downloaded.
- - Next, the system will ask for authorization .- This can be done using the account of the Unified Identification and Authentication System or electronic signature. In the first case, credentials are entered on the user authorization page, and the "Enter" key is pressed. On the opened page of your personal account all data will be displayed. When using an electronic signature on the user authorization pages, "Sign in using an electronic signature" is selected. After familiarizing yourself with the user agreement, you must press the "Enter" key, select an electronic signature certificate, and confirm your actions by pressing the "Allow" key. If everything is done correctly, the personal account page will open.
- - Next, we proceed to fill out the application form. The requisites of the applicant are entered in the appropriate columns, the necessary documents are attached and the "Generate Application" button is clicked.
- - At the final stage in the list of calls, click on the button "Continue filling." After completing the formation of details, and viewing the draft, you can select the "Send application" button.
After the judicial authority receives the packages of documents, they are checked, and if everything is done correctly, the applicant receives a notification of receipt of the documents. In case of errors, a message arrives that the documents cannot be recognized as having arrived in court.
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All notifications will be available in the "Case" section, which is located on the main page of your personal account.
And find his address
There are more than 10,000 courts in Russia, including 4 judicial instances, 2 judicial systems, 3 types of first instance courts, a specialized court for intellectual rights, the Supreme Court and the Constitutional Court.
Each court specializes in something of its own or is assigned to a certain territory. And only one of these vessels is suitable for your business.
To find the right court, answer 6 questions.
В России две системы судов: суды общей юрисдикции и арбитражные суды. Чтобы определить, в какой суд обращаться, сначала нужно понять, кто стороны спора.
Суды общей юрисдикции рассматривают споры между физическими лицами. Так на языке юриспруденции называются люди, которые не занимаются предпринимательством.
Arbitration courts sue organizations and individual entrepreneurs in economic disputes.
If at least one of the parties is an individual, the case must be considered in a court of general jurisdiction. The exception is the bankruptcy of an individual. Bankruptcy cases are always heard by arbitration courts.
If a person, despite the fact that he has an IP, is sued not as an entrepreneur, but, for example, as a consumer, the case must also be heard in a court of general jurisdiction. But if an individual entrepreneur is suing a legal entity or another individual, this is the competence of the arbitration court.
For example, entrepreneur Petrov V.P. did not return two loans: one for business development, the other for consumer purchases of a new TV. In the first case, the bank will file a lawsuit against it in the arbitration court, and in the second - in the court of general jurisdiction.
Courts of general jurisdiction also consider administrative cases. Administrative actions are aimed at appealing against the actions or omissions of state bodies and their officials. That is, if the defendant in the claim is some kind of district administration or tax, you need to apply to the court of general jurisdiction, but already with an administrative claim and in accordance with the special code of administrative legal proceedings.
The man considered that the bailiff violated his rights by not defrosting his accounts, although he had paid off the debt for the parking ticket for a long time - he transferred the money to the account of the bailiff service. Complaints to the authorities did not help. Therefore, he decided to appeal to the court with an administrative lawsuit.
If the dispute is related to business or bankruptcy, everything is simple: you need to go to an arbitration court. Disputes between ordinary individuals are more complicated.
When applying to a court of general jurisdiction, it is important to remember the difference between justices of the peace and district courts, because they consider the most frequent disputes between individuals.
Justices of the peace consider cases:
- On the issuance of a court order.
- In property disputes, if the price of the claim does not exceed 50,000 R.
- On determining the procedure for using property.
- On the division of jointly acquired property of the spouses - again, if the price of the claim does not exceed 50,000 R.
- On divorce, if between spouses there is no dispute about children.
Justices of the peace never listen to cases of inheritance of property and cases related to intellectual property. Complicated family matters of contesting and establishing paternity, of depriving or restricting parental rights, and of adopting are also beyond their competence. Claims in such cases and all other claims in the system of general jurisdiction are considered by district courts.
Sometimes it is necessary to apply immediately to a court at the level of a subject of the federation, for example, to the Supreme Court of the Republic of Crimea or to the Moscow City Court. But this is extremely rare. These courts, as a first instance, consider cases related, for example, to state secrets or to the enforcement of foreign court decisions.
The Moscow City Court is still considering copyright protection and website blocking cases.
After you determine the type of court, you need to understand where the case should be considered territorially. In each subject of the Russian Federation there are courts that are equal in their competence in the first instance.
In Moscow, there are 438 judicial sections of magistrates and 35 district courts. In order to distribute cases between them, a specific territory is assigned to each court. For example, if the defendant lives in Bibirev on Altufevskoye Shosse, the Butyrsky District Court will consider the dispute.
As a general rule, a lawsuit is filed in court at the location of the defendant. To an individual - at the place of his permanent or primary residence, to the organization - at the place of its legal address.
You can try to find out the address of an individual through the bodies of the Federal Migration Service, and a legal entity using an extract from the register from the tax website.
But there are exceptions to the general rule on jurisdiction. One of them is contractual jurisdiction.
Before the case is accepted for proceeding, the parties themselves may choose in which court the dispute will be considered. Usually this is done in the text of the contract or is made out as a separate agreement. This is called contractual jurisdiction.
If a specific court is established in the contract, it is he who will decide all disputes between the parties.
The parties have the right to determine the contractual jurisdiction, either by specifying the name of a particular court, or by establishing that the dispute is to be considered in court at the location of any of the parties.
Often, sellers, banks and insurance companies impose on consumers a condition for the settlement of disputes in a court convenient for them. For example, a TV is sold in Moscow, and allegedly it is necessary to sue for violation of consumer rights in Nizhnevartovsk. Such a condition may be written in small print in the contract. But the consumer has the right to challenge this condition and ignore it. This is indicated in paragraph 26 of the decision of the Plenum of the Supreme Court No. 17 of June 28, 2012.
Another exception to territorial jurisdiction is alternative jurisdiction.
The law provides for cases when the plaintiff himself can choose jurisdiction. Hence the name - alternative jurisdiction, that is, the plaintiff has the right to choose from several options.
Thus, a lawsuit against a defendant whose place of residence is unknown can be brought to court at the location of his property or at the last known place of residence.
If the defendant is an organization that has branches or representative offices, the claim can be filed with the court at the location of one of the branches or representative offices of this organization.
Claims from contracts can be brought to court at the place of execution of such a contract, and claims for the restoration of labor rights can be brought to court at the place of residence of the plaintiff.
Also, the plaintiff can choose the court himself if the defendants live in different places.
Smirnov V.I. is registered in Penza, but lives and works in Moscow on Dmitrovskaya. Because of the terrible old monitor at work, his vision deteriorated sharply, there is help about this. Smirnov V.I. may file a claim for damages to the employer in the Timiryazevsky District Court of Moscow or in the District Court of Penza.
There are also exceptions to the exceptions when choosing a court, when the law does not provide a choice at all. Such cases are called exclusive jurisdiction, which cannot be violated. The case must be considered by the court prescribed by law, regardless of what is specified in the contract or where the defendant is located.
For example, claims for rights to real estate are brought to court at the location of this property. The lawsuits of the creditors of the testator before the adoption of the inheritance are considered by the court at the place of opening of the inheritance.
Counterclaims, for example, when you go to court to recover arrears for goods delivered and are sued in response to you that you have not delivered the goods in full, are filed with the court at the place of consideration of the initial claim.
Corporate disputes are considered by the arbitration court at the location of the legal entity.
Administrative claims for a psychiatric examination are involuntarily filed with the court at the citizen's place of residence.
After you answered the previous five questions, it remains to understand which court to go after all. What is it called and what is its address.
If your lawsuit does not fall under exclusive or alternative jurisdiction and a specific court has not been selected in the contract, you must file a lawsuit as a general rule - at the place of residence or location of the defendant.
With arbitration courts, everything is simple: one court considers disputes in the territory of one constituent entity of the Russian Federation or a city of federal significance.
For example, if the defendant is registered in Moscow, then the claim must be filed with the Moscow Arbitration Court. But if this is a dispute over real estate located in Voronezh, this is an exceptional case and the lawsuit is filed with the Arbitration Court of the Voronezh Region.
With courts of general jurisdiction is a bit more complicated. Each major city may have several district courts and even more world courts. Therefore, the easiest way is to use the official portal of the GAS "Justice" and find the right court there.
To search for a court of general jurisdiction, it is enough to indicate the name of the subject, settlement and street. The same search is provided for justices of the peace
A mistake in determining a suitable court will cost you time and money - the court will not consider your statement of claim.
This does not mean that you will not be able to file a new lawsuit in the right court, but it will take away your extra time and money. Again, you have to print out the documents, send them to the defendant, pay the state fee. Therefore, it is important to choose the right court to appeal to.
To understand which court to file a lawsuit with, you need to answer the questions:
- Who are the parties to the dispute? If the plaintiff or defendant does not participate in the dispute as a participant in entrepreneurial activity, it is necessary to apply to a court of general jurisdiction. If both of them are entrepreneurs or a legal entity - to the arbitration court.
- Does the requirement fall within the competence of a justice of the peace? If not, you need to go to the district court.
- Does the contract contain a clause on the court considering the case? If the court is determined by the parties, then it is he who must consider the case.
- Are the rules of alternative jurisdiction applied to the claim? If applicable, you need to choose the most convenient court.
- Are the rules of exclusive jurisdiction applied to the claim? If applicable, you need to apply to a court determined by law.
- If not, the lawsuit must be filed at the place of residence of the individual or at the location of the organization.
- What is the name of the court needed and what is its address? The answer to this question will help find the official portal of the GAS "Justice".