In Art. 134 Code of Civil Procedure of the Russian Federation described the grounds for refusing to accept the claim. What is the essence of the provisions of these norms of the law, how to understand them? What are the consequences of a refusal to accept a statement of claim and how to defend oneself if the court’s actions, in the applicant’s opinion, are unfounded and illegal?
Significance of Rejection
Art. 134 Code of Civil Procedure of the Russian Federation is a kind of filter aimed at preventing cases that cannot be considered for objective reasons. The law provides an exhaustive list of the grounds for such court actions, but in practice there are cases of unlawful application of the provisions of the article. All grounds are listed in Part 1 of Art. 134 Code of Civil Procedure of the Russian Federation.
What are the reasons not to accept the lawsuit
Art. 134 Code of Civil Procedure of the Russian Federation contains the following list:
- the application cannot be considered in civil proceedings;
- a person has applied to the court for the protection of someone else’s rights without authorization;
- the rights and interests of the applicant are not affected by the contested act of the authority;
- there is a decision or settlement in a dispute with the same subject, grounds and the same parties, or the court accepted the rejection of the claim;
- there is a decision of the arbitration court between the same parties, on the same occasion and on the same grounds, unless the state court refused to issue a writ of execution.
Wrong choice of legal proceedings
Confusion arises when a lawsuit is filed to be considered in an arbitration court or under the rules of administrative proceedings. In the first case, the parties to the dispute are subjects of economic relations, including legal entities that are not involved in commerce.
In the second case, for example, a complaint was filed against the actions or omissions of an official or organization performing public or state functions (all kinds of state and budget institutions). Such complaints are dealt with in the manner prescribed by CAS. This is the most frequently used clause of Art. 134 Code of Civil Procedure of the Russian Federation.
Lack of authority
Often, confusion in documents or their incorrect execution prevents organizations from filing a lawsuit in the interests of third parties at their request. This is due to the fact that, firstly, the organization must have the status of a legal entity, and secondly, the right to represent the interests of the main organization at its location in accordance with the constituent documents.
In the case of citizens, a similar example can be given regarding the rights granted to legal representatives. A person who does not have a power of attorney from them, or not appointed by the guardianship authority, does not have the right to represent a child who is not yet 18 years old. He still cannot issue a power of attorney, unless he is emancipated in court.
The absence of a power of attorney in the materials of the claim or the signature of the submitter, or an indication of his status in the case, are assessed by the court as grounds to return the application, and not refuse to accept it. After correcting the flaws, you can again file a lawsuit.
The contested act does not affect rights and interests
In Art. 134 Code of Civil Procedure of the Russian Federation in the commentary noted the following points:
- A judge may refuse to accept a claim if it is not subject to consideration in civil proceedings, or must be processed by the arbitration or constitutional court of the Russian Federation.
- The initiative to initiate civil proceedings should come from the person concerned. In rare cases, the opportunity to act as an initiator is given to the prosecutor, local authorities, state bodies, etc.
Refusal to accept the application can also be in accordance with federal law.For example, a husband does not have the right, without the consent of his wife, to start a divorce process during her pregnancy and the first year of her child's life. If the spouse does not agree, the judge is obliged to refuse to accept the application, however, the applicant still has the opportunity to file a lawsuit again.
A decision was made earlier
The final judicial act may not suit the parties to the case. However, by law, the possibility of filing a second lawsuit is not provided. In addition, if the new lawsuit affects the old dispute, then the earlier decision is taken into account in the assessment of facts and application of the law.
The subject of the claim is his requirements, and the grounds are the reasons for going to court, on what the application is based.
The decision of the arbitration court
The court has the right to refuse to issue a writ of execution if the arbitral tribunal has made significant errors in the consideration of the dispute. In Art. 426 lists them.
In this case, the participants in the process have the right to file a similar lawsuit in court on the same grounds, on the same occasion, and on the same subject. Filing a claim, be sure to attach to it a copy of the wording of the refusal to issue a writ of execution.
Consequences of failure
The refusal to accept the statement of claim does not give the right to apply again with the same statement to the same defendant with the same requirements. No matter what they say in court, if the refusal is illegal, it must be appealed.
The 15-day appeal period begins on the day the determination is made. That is, from the date indicated in the judgment. Because of this, the judge tries to send such documents belatedly so that the plaintiff misses the time allotted for appeal. According to the law, the determination must be sent no later than 5 days after the decision. The delayed actions of the judge serve as a good reason to restore the deadline for filing a complaint.
Finally
Denial of action is permitted in exceptional cases specified by law. A person who is faced with a refusal cannot file another statement on the same subject with respect to the same plaintiff. Therefore, you need to look for the opportunity to challenge the court decision. If there were no legal grounds for refusal, the only way out is to complain to the court of appeal