Art. 131 Code of Civil Procedure of the Russian Federation. The form and content of the claim. Comments
Every citizen is guaranteed judicial protection. Procedural law is established. Consider the basic requirements for the document.
Art. 131 Code of Civil Procedure of the Russian Federation (current version)
An individual who believes that his right has been violated may apply to a judicial authority for its restoration. He must state his requirements in writing. The appeal states:
- The name of the authority authorized to be considered.
- F.I.O. plaintiff, the address of his residence. If it is an organization, its name, location, information about the representative (if he files a lawsuit) is indicated.
- F. I. O. the defendant, address of residence. If it is an organization, then information about the name and location is indicated.
- Violation of the rights, interests, freedoms of the plaintiff or the threat of encroachment on them.
- The circumstances on which the author bases the requirements, evidence proving them.
- The price of the claim (in the cases established by the norms), the calculation of the disputed / recoverable amounts.
- Data on compliance with the complaint procedure, if it is provided for this dispute by federal law or by agreement of the parties.
- List of applications.
Art. 131 Code of Civil Procedure of the Russian Federationadmits the possibility of the author of the appeal to specify fax numbers, phone numbers, email addresses, both his own and the defendant or representatives, as well as other information that may be relevant to the proceedings of the case. In addition, petitions may be filed in the text. According to the rulesst. 131 Code of Civil Procedure of the Russian Federation,The document is signed by the author or representative. In this case, the latter must have the appropriate authority.
Appeal by the prosecutor
According to art. 131 Code of Civil Procedure of the Russian Federation,An official may send an appeal to a judicial body in defense of the interests of Russia, regions, municipalities or an indefinite number of persons. In this case, the text should indicate the specific violation, in which it is expressed, which rights were violated. In the content of the appeal, the prosecutor should make a reference to the normative act (law) providing for ways to protect the interests of these subjects.If an official submits a claim for the restoration of the rights of a citizen, he must indicate the reasons why the victim cannot do this on his own.
Art. 131 Code of Civil Procedure of the Russian Federation with comments
Requirements may be sent to the court in order to restore violated interests, protect rights or eliminate uncertainty. The statement of claim is a rather difficult category. It is discussed in sufficient detail in various legal publications. The lawsuit is aimed at resolving a dispute between individual entities regarding their duties and rights.
The possibility of exercising the right to submit claims to a court is determined by the existence of certain grounds. In procedural science, they are called common premises and are enshrined in the relevant articles of the Code. These include:
- The presence of dee- and legal capacity of the person.
- Jurisdiction of the dispute to the authority of general jurisdiction. If the case falls within the competence of the arbitration or extra-judicial body, then recourse to the court will not be accepted.
- The fact that there is no ruling on the proceedings between the same participants, on the same grounds about the same controversial subject that came into effect, or the determination to terminate the consideration of the case.The latter is accepted due to the applicant’s refusal of his claims or the achievement of a settlement agreement. This also includes the fact that there was no ruling of the arbitration court, which became mandatory for the participants, except in cases where the authority refused to extradite IL for compulsory execution.
Compliance with it is mandatory for a particular category of cases (for example, in a dispute involving freight transportation). If the claimant fails to comply with the law, he does not lose the right to file an application. In such situations, the court returns the appeal with an indication of the timing for the elimination of the violation. After compliance with the claim procedure, the person can again file a claim. It is worth noting that the procedural role of the prerequisites is that only with their totality the interested subject can appeal to the court.
The lawsuit involves a number of proceedings. These include:
- Drawing up a written appeal with a specific text. That is what is said inst. 131 Code of Civil Procedure of the Russian Federation.
- Referral to the authorized body with the documents attached, as required by law.
- Making the appropriate definition.
Submission of treatment may be:
- Sending a letter in the mail.
- By handing to the judge at the reception.
- Transfer to the court office.
In the second part of the norm under consideration, the content of the claim is determined. Legislation allows for the inclusion in the circulation of information, not only directly provided for in part 2, but also other information if they are necessary and they can ensure the timeliness and objectivity of the consideration of the case.
A special case
In part 3 of the norm under review, provisions are formulated that take into account the specifics of the legal status of the prosecutor. The statement of claim, which is presented to them in defense of the rights and interests of the state, regions, municipalities, as well as an indefinite number of subjects, should include an indication of:
- Specific substantive interest.
- Certain subjective right, which was committed encroachment.
- The law is another regulation providing for protection methods.
It should be noted that the range of cases in which the prosecutor may file a claim in defense of the freedoms and interests of the citizen is significantly limited.At the same time, the law prescribes the official to substantiate the impossibility of making claims by the victims themselves or to indicate his appeal to the employee.
Consideringst. 131 Code of Civil Procedure of the Russian FederationWith comments, you can give a few examples of the action of the norm. Suppose a citizen went to court with a complaint about the refusal of the administration to provide him with a plot. According toarticle requirements, it must indicate the norms that are violated by the decision of the authorized body. In addition, in accordance with paragraph 5 of Art. 131 Code of Civil Procedure of the Russian Federation, it should give the purpose of using the plot, its area, the location of the object. A similar rule applies to the direction of the dissolution of the marriage. The claim must also comply with the provisions of Art. 132. In particular, it is necessary to indicate:
- When, where the marriage was registered.
- Age of common children (if any).
- Was agreement reached on the upbringing and maintenance of minors.
If there is no mutual consent to the dissolution of the marriage, the reasons for which the claimant submits the application are indicated. In this case, the applications are certificates, certificates of earnings and other income (if there is a requirement for the recovery of alimony), etc.
To comply with the requirements of paragraph 4 of Art.131 Code of Civil Procedure of the Russian Federation it is necessary to know the legislation applicable to a particular dispute. Depending on the specifics of the case, these may be constitutional provisions, articles of the SC, the Civil Code and other federal laws. Not all citizens understand the system of norms. In this regard, in many cases it is advisable to entrust the preparation of requirements to a qualified lawyer.
A lawsuit is a complex procedural category. Despite the fact that many publications are devoted to its design, it is far from always the right to draw up a document from the first time. Recently, some courts pursuant to paragraph 2 of Art. 131 Code of Civil Procedure of the Russian Federation require, in addition to F. I. O. (names) and addresses, to indicate without fail the contact telephone number. It is worth saying that such a requirement is not entirely legitimate. The considered norm does not prescribe, but admits the possibility of providing additional information. That is, the assessment of the need to include "other" information is at the discretion of the plaintiff.