Initiation of a civil case

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10 February 2024

Initiation of a civil case

When resolving the issue of accepting a statement of claim and initiating a civil case, one should be guided by the provisions of Chapter 14 of the CPC, which regulates issues related to filing a claim and the regulatory decree of the Supreme Court of March 20, 2003 No. 2 "On the application by courts of certain norms of civil procedural legislation."

A judge, guided by the provisions of the Constitution on everyone's right to judicial protection, evaluates the presence or absence of prerequisites for applying to court. The procedural actions of a judge cannot contradict both the goals of exercising the right to judicial protection and the general goals and objectives of civil proceedings.

Within five working days from the date of receipt of the statement of claim to the court, the judge decides whether to accept it into court proceedings. Along with checking whether the form and content of the statement of claim comply with the requirements of Articles 148, 149 of the CPC, at the stage of accepting the statement of claim, the judge determines whether there are any legal prohibitions against accepting the statement of claim: grounds for refusing to accept the statement of claim provided for in Article 151 of the CPC, or for returning the statement of claim provided for in Article 152 of the CPC.

If it is established that the application is not subject to consideration and resolution in civil proceedings, i.e. it is beyond the jurisdiction of the court (subparagraph 1) of the first part of Article 151 of the CPC), the judge refuses to accept the statement of claim, indicating which body the plaintiff should apply to.

The judge refuses to accept the statement of claim if there is a court decision that has entered into legal force or a court ruling on the termination of proceedings on the grounds provided for by the CPC, issued in a dispute between the same parties, on the same subject and on the same grounds; there is a dispute between the same parties, on the same subject and on the same grounds, the arbitration decision became known to the court (subparagraphs 2), 3) of the first part of Article 151 of the CPC). However, if these circumstances become known to the court after the adoption of the statement of claim and the initiation of a civil case, then in accordance with the requirements of subparagraphs 2) and 3) of Article 277 of the CPC, the court terminates the proceedings. The refusal to accept the statement of claim, as well as the termination of the proceedings in the case, prevent the plaintiff from filing a lawsuit against the same defendant again, on the same subject and on the same grounds.

Grounds for the return of the statement of claim

The grounds for the return of the statement of claim are regulated in Article 152 of the CPC. For example, by virtue of subparagraph 3) of the first part of this article, statements of claim that do not meet the requirements of the CPC in form and content may be returned if it is established that it is impossible to eliminate deficiencies in the preparation of the case for trial. Such cases may include the non-signing of a statement of claim or its signing by an unauthorized person in the absence of properly executed powers (Article 61 of the CPC). The filing of a claim by an improper plaintiff is not a reason for the return of the statement of claim as unsigned by a person who does not have the authority to file it (subparagraph 4) of the first part of Article 152 of the CPC). This circumstance is assessed by the court when considering the case and making a decision on the merits of the dispute.

In order to eliminate the shortcomings of the application, the court indicates in the ruling on the preparation of the case for trial what actions the plaintiff needs to perform (see paragraph 1.2). It is not necessary to indicate the shortcomings of the statement of claim in the decision on its acceptance.

From the provisions of subparagraphs 4), 5) of the first part of Article 152 of the CPC, it can be seen that the basis for returning a statement of claim may be cases when the application is filed by an incapacitated person; the application is signed by a person who does not have the authority to sign or present it. These provisions emphasize that the most important prerequisite for the realization of the right to appeal to the court is the civil procedural legal capacity and the civil procedural capacity of persons on whose initiative the issue of initiating a civil case in court is resolved.

The legality and validity of the ruling on the refusal to accept the statement of claim can be checked in a general manner in the court of appeal and cassation instances, and the ruling on the return of the statement of claim is checked only in the court of appeal. This differentiation is due to the fact that the refusal to accept the statement of claim excludes the possibility of the plaintiff's repeated appeal to the court with a claim against the same defendant, on the same subject and on the same grounds. Upon the return of the statement of claim, the plaintiff has the right to reapply to the court after eliminating the deficiencies specified in the court ruling, including to the court that has jurisdiction over the case, if the reason for the return was a violation of the rules on jurisdiction.

The process in such a case may end in the specified instances and without initiating proceedings in the court of first instance, if the definitions remain unchanged. Consequently, the initiation of proceedings is associated with the acceptance of a statement of claim for court proceedings. The acceptance of a statement of claim and the initiation of a civil case are the initial stages of the civil process. The strict observance by the judge of the norms of the CPC largely determines whether a civil case will arise in court on a specific dispute, and whether timely restoration of violated rights in court will be ensured. It should be seen from the ruling on the acceptance of a statement of claim and the initiation of a civil case that the above circumstances have been verified by the judge and there are no legal prohibitions against the acceptance of a statement of claim and the initiation of a civil case.

The language of legal proceedings

In the ruling, the judge indicates the language of the proceedings, which is determined depending on the language in which the statement of claim was filed with the court (part two of Article 14 of the CPC).

For the cases considered in the categories, the provisions set out above are common, with the exception of some features that will be discussed in the relevant chapters. For example, in cases of special and special claim proceedings, the status of a person applying to the court is determined not as a plaintiff, but as an applicant. There is no defendant in cases of special proceedings. Proceedings are initiated in such cases based on an application, and not on a statement of claim.

Attention!

The Law and Law Law Firm draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you with legal advice and drafting any legal document that suits your situation.

For more information, please contact a Lawyer/Lawyer by phone; +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.

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