Today, legislators do not give a clear definition of the term “lawsuit”, but this concept itself is used quite widely. In the theory of civil proceedings, various views on the essence of the claim have developed. It would be advisable to consider them in more detail, as well as characterize the types and elements of the lawsuit.
The essence of the claim
To begin with, it should be noted that the defining feature of the suit is its procedural fullness. In the process of identifying a fact related to the filing of a lawsuit against an improper defendant or improper plaintiff, there can be no substantive relationship between them. Nevertheless, the lawsuit is considered already filed, and the process - relevant. You need to know that the procedural nature of the known today claim elements It is also confirmed by the filing of a lawsuit by the prosecutor, state bodies, local authorities, organizations and individuals to protect the legitimate interests, freedoms and rights of others.
It should be borne in mind that the relationship of material nature between the above subjects and the defendant is somehow absent. If a lawsuit is filed by an individual, but it turns out that the lawsuit has not been disputed and not violated, a similar situation becomes relevant. In analysis concepts and elements of the suit it should be noted that in all the cases presented, it is appropriate to file a claim and consider the case in the proceedings on it. A lawsuit is nothing more than an instrument for protecting the rights of citizens, as well as a condition for initiating a lawsuit.
Definition and structure of the claim
It is important to know that concept and elements of the suit - categories are complementary. As it becomes clear, a lawsuit must be interpreted as an appeal to the judicial authorities of an interested person with a request to initiate proceedings in a particular case in order to ensure the protection of a certain interest protected by law or subjective law. Absolutely any lawsuit represents the unity of a certain number of elements. Considering concept and elements of a lawsuit in a civil proceeding, it should be noted that the current Civil Procedure Code of the Russian Federation among the elements determines only the grounds and subject. Thus, the decision of the judicial authorities or the arbitral tribunal, which has entered into legal force and relating to the dispute between the two parties, regarding the same subject or the same grounds, in one way or another, may be a significant reason for refusing to accept the application from the plaintiff or terminating the proceedings in the relevant case . Concerning elements of the claim in the arbitration process, then if there is a case on a dispute between two parties, initiated earlier, on the same grounds or on the same subject, the application is not subject to consideration. This provision is regulated by article 222 of the current Code of Civil Procedure.
The concept of claim elements
It is important to know that the elements of a civil lawsuit must understand its internal structural components. To date, two elements are distinguished in an image: subject and foundation. So, under the subject of the claim should be considered a specific claim by the plaintiff to the defendant. A striking example of the presented element of the claim is the requirement regarding the recognition of property rights, compensation for losses, protection of honor, business reputation and dignity, recognition of a legal act of a state structure as invalid.In paragraph 4 of part 2 of article 125 of the APC of the Russian Federation, it is noted that the plaintiff in one way or another agrees to indicate his own claim in the statement of claim. It must be borne in mind that the subject of the claim does not need to be confused with the specific subject of the dispute, which is of a material nature, for example, an immovable property, cash and so on.
Variety of lawsuits
Analyzing elements of a lawsuit in a civil proceeding, it is important to note that regarding one subject of material nature, claims of various kinds may be presented today. For example, in the case of non-residential premises as a material evidence, claims are filed regarding the recognition of ownership of this real estate property, its division, elimination of violations in terms of the rights of the owner, and so on. From the above information, we can conclude that the material object (subject) of the claim and the subject of the claim are different concepts.
Ground of action
As it turned out, elements of the claim are subject and grounds. By the latter, it is necessary to understand circumstances of a factual nature from which the claim right arises. The above definition is given in paragraph 5 of part 2 of article 125 of the APC of the Russian Federation. It must be emphasized that the plaintiff should indicate in the application only specific factual circumstances that fully meet the requirements of relevance. Moreover, the plaintiff may not cite any facts in such claim itemas its foundation. So, they should be exclusively legal in nature. In other words, circumstances of such a plan are relevant here, with which the emergence, change, as well as the termination of relations of a legal nature or other legal consequences is legally associated. If necessary, the plaintiff must implement and indicate the calculation of the disputed or exacted amount of funds in accordance with paragraph 7 of part 2 of article 125 of the APC of the Russian Federation.
You need to know that the above factual circumstances are somehow subject to proof by the plaintiff in the arbitration process. Since subjective law is usually based not on a single fact of a legal nature, but on a combination of those, in such claim item, as its basis, it is necessary to bring a certain actual composition. It would be advisable to consider this issue in more detail.
Directly producing facts
The facts that form the basis of the claim are, in procedural law, traditionally classified in accordance with three groups. The first of them consists of directly legal facts, from which the claim directly follows. For example, in a statement of claim relating to foreclosure on pledged property complexes in a certain quality, such facts as the presence of a credit (main) obligation are relevant; performance by the lender of his own obligations to the borrower; the presence of a pledged obligation; proper execution and content of these contracts; other obligations of a factual nature that reflect the existence of significant conditions of collateral and credit obligations, as well as their performance.
Facts of passive and active legitimation
In addition to the above category, today it is customary to highlight the facts of passive and active legitimation, through the establishment of which the proper nature of the two parties in arbitration proceedings is revealed. It must be borne in mind that they distinguish between facts that indicate the relationship between the claim and the specific entity that has claimed the claim, that is, the plaintiff; and facts that indicate the relationship of a specific obligation with the defendant. The latter situation suggests the relevance of passive legitimation. This is where the replacement of the improper plaintiff with the proper follows, as well as the replacement of the improper defendant.
For example, in accordance with the statement of claim regarding foreclosure on the security object as facts of active legitimization, obligations appear that indicate that the defendant is the mortgagor and the borrower, and in the case of a mortgage by a third party, only the mortgagor.
Reasons to Suit
Under the facts of the cause of action, it is necessary to understand those of them that indicate the onset of time for applying to the judicial authorities for protection. Thus, in accordance with the lawsuit on foreclosure on the pledged item, the fact of the reason for the claim is nothing more than a refusal by the borrower to repay the debt or a delay in the execution of loan obligations. That is why it is necessary to show that specific actions were taken related to the pre-trial settlement of the dispute, and the facts somehow prove the impossibility of resolving the case in the absence of appeal to the arbitration court.
Nuances of the justification of the claim
In accordance with the current rules of the APC of the Russian Federation, the plaintiff is obliged to indicate both the legal and actual justification of the claim in the statement of claim. When the latter is a combination of facts of a legal nature, then the legal basis of the claim is an indication of certain legal norms on which the plaintiff's claims are based. Thus, in accordance with paragraph 4 of part 2 of article 125 of the APC of the Russian Federation, the plaintiff in the statement of claim must indicate the laws and other legal normative acts on which his claim was based.
Why is it competent?
The rule, which implies the need to indicate the legal justification by the plaintiff of his own claims, should be recognized as absolutely reasonable. When the plaintiff cannot identify the legal basis for the claim, the protection of the rights of the parties and the activities of the arbitral tribunal in general become much more complicated, since in this case it is completely unclear what the plaintiff is actually trying to achieve.
It is important to note that in the process of determining the legal grounds it is advisable to indicate a reference not to the Constitution or the Civil Code operating in the territory of the Russian Federation. The fact is that the plaintiff must independently find specific grounds of a legal nature, since, for example, a claim regarding the recognition of a transaction as invalid may be declared in accordance with the most diverse grounds specified in Articles 168-179 of the Civil Code.
Why highlight individual elements?
After the reader has identified the types and elements of the lawsuit, you need to think about the meaning of this selection. It consists in the following:
- Claim elements - the main criterion for identifying the identity of claims, which is determined by the coincidence of the basis and subject of the claim. If they do not match, then new legal facts appear in the basis of the claim and, accordingly, the absence of the identity of the claims is confirmed, which means that you can again appeal to the arbitration court.
- Grounds and subject of action identify the scope of the subject of evidence and the scope of the trial. It is important to note that only the plaintiff has the right to change them. Nevertheless, in certain cases specified in the law, the arbitration court has the right to go beyond the requirements of the claim, for example, on its own initiative to apply the consequences of invalidity in terms of a void transaction.
- Subject of action in one way or another, it serves as the basis for the separation of claims in accordance with the procedural and legal sign and the nature of the interests that are being protected.