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113. Is it possible to send a statement of claim and accompanying documents by mail? The statement of claim can be sent by mail (by registered mail with acknowledgment of receipt). When sending documents to court by mail, the consumer must keep the postal receipt if

In order to have a general idea of ​​the requirements for filing a statement of claim in court, first study the proposed sample statement (.doc).

Let's look at it in order: what form it should take, what the application must contain, and where to submit it.

Each statement of claim to the court must have the form and content described below.

Mandatory components of all claims:

• a header indicating the name of the court to which the application will be filed, details of the participants in the court case, the price of the claim and the amount of the state duty;
• title of the claim indicating the subject of the legal dispute;
• a descriptive part, where you state from what legal relations the dispute arose, what it consists of, and provide a legal justification that motivates your rights to the subject of the claim;
• then write in the middle of the page “I ask” or “I ask the court”, under which below you clearly state the request addressed to the court regarding the subject of the claim;
• further in the application is a list of documents that are attached to the claim as evidence;
• Finally, we write the name or surname and initials of the plaintiff, affix his signature (or the signature of a person authorized to carry it out) and the date. If the application is signed by an authorized person, one of the documents attached to the application must be a duly certified copy of the power of attorney.

• In the upper right corner we place the “header” of the claim. We begin its formalization by writing the exact name of the court to which the lawsuit is being prepared. In most cases, this will be a court located on the defendant's premises. For real estate claims, procedural law determines jurisdiction at the location of the real estate. It must be borne in mind that disputes between subjects of economic law are considered by arbitration courts.

Below in the header we indicate the full name, addresses, and preferably telephone numbers of the plaintiff and defendant in the case. We place the plaintiff’s data first, followed by the defendant’s data. If there are third parties in the case (legal or natural persons whose rights and obligations may be affected by the decision made on this claim), we enter them in the same form. In this case, third parties on the plaintiff’s side are listed under the plaintiff, and third parties on the defendant’s side are listed under the defendant. Third parties are frequent participants in corporate, land disputes, and real estate claims. You need to carefully consider whose rights and interests may be affected by the court’s decision on your application.

To enter the above data into the document, we determine the defendant (or defendants) in the claim. For claims for debt collection arising from contractual relations, loans, divorce, return of bank deposit amounts and many others, this is not difficult. But in claims for recognition of ownership of real estate, for recognition of the validity/invalidity of a real estate purchase and sale agreement concluded on the stock exchange, state authorities or local authorities must be indicated as the defendant or obligatory participant in the case. They should also be mandatory participants in many court cases involving land disputes. An incorrect definition of the defendant serves as the basis for the court to refuse a claim against such an entity. Therefore, you need to carefully consider this issue and consult with lawyers or friends more experienced in such matters.

Next, in the “header” we indicate the price of the lawsuit and the amount of state duty paid. We calculate the amount of state duty in accordance with the requirements of the Tax Code of the Russian Federation. We make payments using the details available on the website of the relevant arbitration court. The payment document confirming payment of the state duty must contain a note from the bank regarding the transfer of funds. This is a mandatory requirement, without which the application will not be accepted for consideration.

• In the middle of the page we write “Statement of Claim”, under it we clearly formulate the subject of the statement (for example, “on the return of property from someone else’s illegal possession”, “on collection of debt under a lease agreement.” “on divorce and division of property”). An application that incorrectly defines the subject of the lawsuit is doomed to be rejected. In this case, you yourself deprive the court of legal grounds for its satisfaction. Drawing up a statement of claim is a responsible matter. You can complete and submit it yourself only in an extremely difficult situation, since shortcomings in its preparation can determine the outcome of the case.
• We continue to compile the document with the descriptive part. The trial begins by reviewing the description of the events that gave rise to the lawsuit.

We continue to draw up the claim document for the court by indicating the number and date of the agreement that served as the reason for going to court. Therefore, we continue to compile the document with the descriptive part. We continue to prepare the document by indicating the number and date of the agreement to which we refer as the basis for the lawsuit.

The statement of claim is strictly formal in nature. If a person wishes to go to court, he must familiarize himself with the Civil Code of the Russian Federation.

The general requirements for the form and content of the claim are specified in Art. Art. 131 and 132 Code of Civil Procedure of the Russian Federation.

The statement of claim is submitted to the court in writing. The content of the statement of claim must be stated with the utmost precision, clarity and simplicity.

In the structure of the statement of claim, one can distinguish mandatory (those that must be specified) and optional (those that can be specified) details.

│ Lack of necessary details │

In accordance with Part 2 of Art. 131 Code of Civil Procedure of the Russian Federation the statement of claim must indicate:

1) name of the court to which the application is submitted.

It must be borne in mind that the name consists of two components: the position of the court in the system of courts of general jurisdiction and an indication of the territorial location. For example, Oktyabrsky District Court of Rostov-on-Don; magistrate of judicial district No. 3 of the Sovetsky district of Rostov-on-Don;

2) the name of the plaintiff, his place of residence or, if the plaintiff is an organization, its location, as well as the name of the representative and his address, if the application is submitted by a representative.

In relation to individuals, the name means the last name, first name and patronymic.

In accordance with paragraph 1 of Art. 20 of the Civil Code of the Russian Federation, the place of residence is recognized as the place where a citizen permanently or primarily resides.

According to clause 3 of the Rules for registration and deregistration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation, approved by Decree of the Government of the Russian Federation of July 17, 1995 N 713 “On approval of the Rules for registration and deregistration of citizens of the Russian Federation registration at the place of stay and at the place of residence within the Russian Federation and the list of officials responsible for registration" place of residence is the place where a citizen permanently or primarily resides as an owner, under a rental (sublease) agreement, social tenancy or on other grounds, provided for by the legislation of the Russian Federation - a residential building, apartment, office premises, specialized houses (dormitory, hotel-shelter, house of maneuverable fund, special house for single and elderly people, boarding house for the disabled, veterans and others), as well as other residential room.

It is necessary to distinguish the place of residence from the place of residence. The place of residence is the place where the citizen temporarily resides - a hotel, sanatorium, holiday home, boarding house, camping, hospital, tourist center, other similar institution, as well as residential premises that are not the citizen’s place of residence (clause 3 of the above Rules).

According to paragraph 2 of Art. 20 of the Civil Code of the Russian Federation, the place of residence of minors under fourteen years of age, or citizens under guardianship, is recognized as the place of residence of their legal representatives - parents, adoptive parents or guardians.

According to paragraph 1 of Art. 54 of the Civil Code of the Russian Federation, a legal entity has its own name, which contains an indication of its organizational and legal form. The names of non-profit organizations, and in cases provided for by law - the names of commercial organizations, must contain an indication of the nature of the activities of the legal entity.

By virtue of paragraph 2 of the above article, the location of a legal entity is determined by the place of its state registration. State registration of a legal entity is carried out at the location of its permanent executive body, and in the absence of a permanent executive body - another body or person entitled to act on behalf of the legal entity without a power of attorney;

3) the name of the defendant, his place of residence or, if the defendant is an organization, its location (for a transcript, see the previous paragraph);

4) what is the violation or threat of violation of the rights, freedoms or legitimate interests of the plaintiff and his demands.

Since a dispute is always related to the claim of the plaintiff against the defendant, the law requires that the plaintiff indicate the essence of his claim in the statement of claim. It is necessary to understand that the right for which the plaintiff is asking for protection is allegedly violated or disputed. And the defendant is a potential violator. The final conclusion will be made by the court when issuing a judicial act based on the results of the consideration of the case;

5) the circumstances on which the plaintiff bases his claims, and evidence confirming these circumstances.

In procedural science, the circumstances on which the plaintiff bases his claims are called the cause of action. Since the basis of the claim is factual circumstances, the plaintiff’s indication of a specific legal norm in support of the claim is not decisive when the judge decides the question of which law should be followed when resolving the dispute (clause 6 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 24, 2008 No. 11 " On preparing the case for trial").

Under the evidence in accordance with Part 1 of Art. 55 of the Code of Civil Procedure of the Russian Federation refers to information received in the manner prescribed by law about the facts, on the basis of which the court establishes the presence or absence of circumstances justifying the demands and objections of the parties, as well as other circumstances that are important for the correct consideration and resolution of the case.

This information can be obtained from explanations of the parties and third parties, testimony of witnesses, written and material evidence, audio and video recordings, and expert opinions.

In this case, the evidence must confirm the circumstances on which the plaintiff bases his claims. Here we are talking about such an important property of evidence in civil proceedings as relevance to the case;

6) the price of the claim, if it is subject to assessment, as well as the calculation of the collected or disputed amounts of money.

The price of the claim is indicated by the plaintiff.

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│ A typical mistake when filing claims! │

│ Incorrect determination of the claim price │

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According to Art. 91 Code of Civil Procedure of the Russian Federation, the cost of the claim is determined:

1) for claims for the recovery of funds, based on the amount of money recovered;

2) for claims for reclaiming property, based on the value of the claimed property;

3) for claims for the collection of alimony, based on the totality of payments for the year;

4) for claims for urgent payments and issues, based on the totality of all payments and issues, but not more than for three years;

5) on claims for unlimited or lifetime payments and issues, based on the totality of payments and issues for three years;

6) on claims for a decrease or increase in payments and distributions, based on the amount by which payments and distributions are reduced or increased, but not more than for a year;

7) on claims for termination of payments and disbursements, based on the totality of remaining payments and disbursements, but not more than for a year;

8) on claims for early termination of a property lease agreement, based on the totality of payments for the use of property during the remaining term of the agreement, but not more than for three years;

9) on claims for ownership of a real estate object owned by a citizen by right of ownership, based on the value of the object, but not lower than its inventory estimate or, in the absence of it, not lower than the value estimate of the object under the insurance contract, for the real estate object owned by the organization , - not lower than the balance sheet value of the object;

10) for claims consisting of several independent claims, based on each claim separately.

In the event of a clear discrepancy between the indicated price and the actual value of the claimed property, the price of the claim is determined by the judge when accepting the statement of claim;

7) information about compliance with the pre-trial procedure for contacting the defendant, if this is established by federal law or provided for by the agreement of the parties.

Pre-trial settlement of a dispute may be provided for by a regulatory legal act, and only in the form of a federal law, or by agreement. In the latter case, we are talking about a civil law agreement.

The reference to “pre-trial” means the time preceding the judicial procedure for resolving the dispute.

The bottom line is that, before going to court for the protection of a violated right or legally protected interest, the future plaintiff must contact the alleged violator of his right or interest (the future defendant) to resolve the dispute that exists between them and which will have to be resolved in the future to the court;

8) list of documents attached to the application.

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│ A typical mistake when filing claims! │

│ Lack of annex to the statement of claim in whole or in part │

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The following are attached to the statement of claim:

1) its copies in accordance with the number of defendants and third parties. At the same time, one should not forget about a copy of the claim for the court;

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│ A typical mistake when filing claims! │

│ Independent submission by the plaintiff of a copy of the statement of claim with │

│ attached documents by mail to the defendant │

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2) a document confirming payment of the state duty. State duty is a monetary fee established by law, collected into the federal budget for actions performed by the court. Currently, the procedure for collecting state duties is regulated by Ch. 25.3 "State duty" of the Tax Code of the Russian Federation.

The obligation to pay state fees provides the opportunity to reimburse the state for part of the costs necessary for the administration of justice, and to a certain extent prevents the filing of unfounded claims.

The state duty is paid in cash or non-cash form. The fact of payment of the state duty is confirmed by a receipt of the established form issued to the payer by the bank, or by a payment order with a note from the bank about its execution. Foreign organizations, foreign citizens and stateless persons pay state duty in the same manner and amount as domestic organizations and individuals;

┌─────────────────────────────────────────────────────────────────────────┐

│ A typical mistake when filing claims! │

│ Attaching a copy of the payment document to the statement of claim │

│ state duty. The original document must be attached to the claim │

│ about payment of state duty │

└─────────────────────────────────────────────────────────────────────────┘

3) power of attorney or other document certifying the authority of the plaintiff’s representative. What is meant by another document confirming the authority of the plaintiff’s representative?

In order to answer this question, it is necessary to determine what representation is and who can be a representative in the case.

Representation refers to the activities of a representative in civil proceedings, carried out on behalf and in the interests of the person he represents (principal).

Representation, depending on the will of the represented persons, can be divided into two types:

a) voluntary representation, which can arise only if there is an expression of the will of the represented (in particular, with contractual representation, which is based on contractual relations, for example, a contract of agency);

b) legal representation, the emergence of which does not require the consent of the represented, since it arises by force of law.

The procedure for conducting cases in an arbitration court through representatives is enshrined in Art. 48 Code of Civil Procedure of the Russian Federation. Citizens have the right to conduct their cases in court in person or through representatives. Personal participation in a citizen’s case does not deprive him of the right to have a representative in this case.

The affairs of organizations are conducted in court by their bodies, acting within the powers granted to them by federal law, other legal acts or constituent documents, or by representatives.

The powers of the bodies conducting the affairs of organizations are confirmed by documents certifying the official position of their representatives, and, if necessary, by constituent documents.

An authorized representative of the liquidation commission acts in court on behalf of the liquidated organization.

Representatives in court may be capable persons who have duly formalized authority to conduct the case, with the exception of judges, investigators, prosecutors (except for cases of their participation in the process as representatives of relevant bodies or legal representatives).

The rights, freedoms and legitimate interests of incapacitated citizens or those who do not have full legal capacity are protected in court by their parents, adoptive parents, guardians, trustees or other persons to whom this right is granted by federal law.

In a case in which a citizen recognized as missing in the prescribed manner must participate, the person to whom the property of the missing person has been transferred to trust management acts as his representative.

The powers of a lawyer to conduct a case in an arbitration court are certified in accordance with federal law. This is, as a rule, a warrant and a power of attorney.

The powers of other representatives must be expressed in a power of attorney issued and executed in accordance with the law. Powers of attorney issued by citizens can be certified by a notary or by the organization in which the principal works or studies, a homeowners' association, a housing, housing-construction or other specialized consumer cooperative that manages an apartment building, a management organization at the principal's place of residence, or the administration of the institution. social protection of the population in which the principal is located, as well as the inpatient medical institution in which the principal is being treated, by the commander (chief) of the relevant military unit, formation, institution, military educational institution, if powers of attorney are issued by military personnel, employees of this unit, formation, institutions, military educational institutions or members of their families. Powers of attorney of persons in places of deprivation of liberty are certified by the head of the corresponding place of deprivation of liberty. A power of attorney on behalf of an organization is issued signed by its head or another person authorized to do so by its constituent documents, sealed with the seal of this organization.

Legal representatives act on the basis of documents certifying their status and powers;

4) documents confirming the circumstances on which the plaintiff bases his claims, copies of these documents for defendants and third parties, if they do not have copies.

This requirement of the law corresponds with clause 5, part 2, art. 131 Code of Civil Procedure of the Russian Federation, according to which the statement of claim must indicate the circumstances on which the plaintiff bases his claims, and evidence supporting these circumstances. Documents confirming the circumstances on which the plaintiff bases his claims are written evidence. Yes, according to 1 tbsp. 71 of the Code of Civil Procedure of the Russian Federation, written evidence is containing information about circumstances relevant to the consideration and resolution of the case, acts, contracts, certificates, business correspondence, other documents and materials made in the form of digital, graphic recording, including those received via fax, electronic or other communication or in any other way that allows the authenticity of the document to be established. Written evidence includes court verdicts and decisions, other court decisions, protocols of procedural actions, minutes of court hearings, annexes to protocols of procedural actions (schemes, maps, plans, drawings).

The classification of documents confirming the circumstances on which the plaintiff bases his claims as written evidence is important, since the law requires the submission of written evidence to the court in the original or in the form of a duly certified copy (Part 2 of Article 71 of the Code of Civil Procedure of the Russian Federation);

6) evidence confirming the implementation of the mandatory pre-trial dispute resolution procedure, if such a procedure is provided for by federal law or agreement. In this case, the legislator does not indicate the need for exclusively documentary confirmation of the pre-trial settlement, however, from established practice this is assumed. Systemic interpretation of paragraph. 6 tbsp. 132 Code of Civil Procedure of the Russian Federation Art. 55 allows us to conclude that confirmation of compliance with the pre-trial procedure for resolving a dispute is information that can be obtained by any means of proof: explanations of the parties and third parties, testimony of witnesses, written or material evidence, audio, video recordings or expert opinion. Thus, according to the logic of the legislator, the concept of “pre-trial settlement procedure” includes a wide variety of forms of pre-trial resolution of a legal conflict that has arisen.

In the legal literature you can also find the term “claim procedure” for resolving a dispute before going to court. Analysis of the current Code of Civil Procedure of the Russian Federation, as follows from Part 3 of Art. 30, includes claim proceedings. According to this article, claims against carriers arising from contracts of carriage are filed in court at the location of the carrier against whom the claim was filed in the prescribed manner. Thus, the concept of “pre-trial dispute resolution” is broader;

7) calculation of the collected or disputed amount of money, signed by the plaintiff, his representative, with copies in accordance with the number of defendants and third parties. The calculation is drawn up in any form, but must be understandable to the court and the participants in the process.

The application may indicate telephone numbers, fax numbers, email addresses of the plaintiff, his representative, the defendant, other information relevant to the consideration and resolution of the case, as well as the plaintiff’s requests.

The statement of claim is signed by the plaintiff or his representative if he has the authority to sign the statement and present it to the court.

According to Art. 54 Code of Civil Procedure of the Russian Federation, a representative has the right to perform all procedural actions on behalf of the represented person. However, the right of a representative to sign a statement of claim, present it to the court, submit a dispute to an arbitration court, file a counterclaim, complete or partial waiver of claims, reduce their size, admit a claim, change the subject or basis of a claim, conclude a settlement agreement, transfer powers to another person (subassignment), appealing a court decision, presenting a writ of execution for collection, receiving awarded property or money must be specifically stipulated in the power of attorney issued by the represented person.

The “signature” detail must include a facial painting and its decoding.