Alternative jurisdiction
Substitution at the place of residence or location of the defendant
Territorial reference
Territorial jurisdiction delimits the cases between the courts of one level, i.e. between the courts of the first link, as courts of first instance. Territorial jurisdiction is located inside the sentence. First, it is necessary to determine the generic jurisdiction, and then we are looking for a specific court (territorial jurisdiction).
General Territorial Rule - The lawsuit is made to the court at the location of the defendant (place of residence / location - Article 28 of the Code of Civil Procedure). Substitutionality subspecies:
1. at the place of residence / location of the defendant (Article 28 of the Code of Civil Procedure);
2. Alternative jurisdiction - on the choice of the plaintiff (Article 26 of the Code of Civil Procedure);
3. Exceptional jurisdiction - an exception to the general rule (Article 30 of the Code of Civil Procedure);
4. Confusion for the connection of cases (Article.31 of the Code of Civil Procedure);
5. Control reference (Article 32 of the Code of Civil Procedure).
The residence of the respondent is determined by means of registration. But Zone is a place of residence? Or students registered in the hostel. In practice, the place of residence is not, therefore, the lawsuit is presented to the last well-known place of residence (regardless of the fact that the face is to remove from the registration account - Part 1 of Article 26 of the Code of Civil Procedure).
Resolution of the CS RF No. 9-P dated 03/16/1998. Article.47 KRF - no one can be deprived of the right to consider his case by the court, to the jurisdiction of which it is related to the law. Any other regulation is excluded. The jurisdiction has a constitutional and legal importance in the implementation of the right to defense. The jurisdiction is a guarantee of the independence of the court.
The jurisdiction is a guarantee of the independence of the court in the sense that none of the stakeholders cannot be influenced by the choice of court. All contradictions should be interpreted in the key, which should be excluded any arbitrary law enforcement. The jurisdiction is a guarantee of the right to participate in the process.
The suit for the defendant, the place of residence of which is not known, can be presented at the place of finding his property or at the last famous place of residence in the Russian Federation (Article 26 of the Code of Civil Procedure). If you do not present a lawsuit, then it can expire the limitation.
RESOLUTION OF THE COP RF №6-P dated 21.04.03. Resolution of the Plenum of the Court of the Russian Federation No. 8 of 25.02.98. Determination of the judicial collegium of the Armed Forces of the Russian Federation of 19.08.05 No. 78-B05-31. Decision of the Presidium of the Court of Justice №16458 / 05 dated 05/16/06, №11236 / 05 dated 06.06.06, No. 7639/07 of 10/16/07 - Acts on corporate disputes.
Clause 1 of Article 30 of the Code of Civil Procedure is exceptional jurisdiction - it contains an exception to the general rule of law on the rights to immovable property is made to court at the location of these objects or arrested property. Why are these claims are presented at the location of these objects? And what claims are you talking about something related or obligatory? If this is a claim from the recognition of the transaction is invalid, then he submits the rules about exceptional jurisdiction? Related claims are definitely fall under Article 30 of the Code of Civil Procedure, but are Iska obligatory? In order to answer these questions, it is necessary to understand what is the meaning of this exclusiveness?
Over the exceptional charter costs two prerequisites:
1. Concentration of evidence - The presentation of the claim where the property is located is logical, since the history of the property is best traced where the property itself is located (most of the evidence is located at the place of finding an object).
2. Attracting in the process of maximum number of potentially interested parties - Should the court notify potential third parties about what is the case? Obviously, the court should do it. Article 15 of the Code of Civil Procedure - P.6 Part 1 The Court informs interested parties so that they can in time to join the process. Attracting third parties without independent claims is both the right and obligation of the court. All court rights are simultaneously his duties. Exceptional jurisdiction allows the court to ensure the notice and entry into the process of all interested parties, at least create them the conditions for such an entry.
With tz. Schwarz in practice is actually eliminated by the line between third parties without independent requirements and third parties with independent requirements. Third parties with independent requirements enter the claim, and persons without independent claims - on their own initiative. And since the Court fears, which will make a decision affecting the rights and obligations of persons not attracted to participation in the case, he attracts all in a row to the process as third parties without independent claims. And then they want - they can make a lawsuit, do not want, do not prevent. Today, third parties without independent claims to the left and right are persons who actually should be faces with independent requirements. It is necessary for those who can have potential demands, notify the possibility of entering into the process, and those who have no such opportunity to attract in the process.
In real claims, we are dealing with both the first and with the second prerequisite for exceptional jurisdiction. The maximum wide range of persons whose rights can be affected by the resolution of this case, is exactly where the object itself is the object.
But are obligatory claims fall under the exceptional jurisdiction? Claims on the termination of the contract of sale, or claim on the recognition of the contract invalid, are they falling under Article 30 or will they submit to the general rules - at the location of the defendant? Practice is confused about this. After all, in Article.30 GPC refers to "lawsuits on rights", but what rights are the real or obligatory rights?
Example. Recognizing the transaction invalid by the motive of the wills of the will. Cheating, violence, threat, delusion is connected with the location of real estate? Not connected. And the damage itself could be formed and can be proved on the basis of evidence in a completely different place. Hence the obligatory claims under these 2 criteria are not falling in the overwhelming majority. In obligatory claims, the criterion of attraction in the process of third parties does not work at all - these are personal claims, they are relative, and there are no problems with third parties or evidence in this case.
Practice comes from the fact that everything that is associated with amending the Unified State Register of Right falls under exceptional jurisdiction. Schwartz believes that it is incorrect and absoluticized by Article.30 GPC. Example. Spouses have come for a period of joint marriage 3 apartments in different parts of St. Petersburg. In connection with the termination of Barack, it is necessary to divide this property. To do this, it is necessary to determine the amount of property to be divided, to identify the shares that are expected to be equal, but may be devotion from this rule, and then within the cost of the ideal share of property shares. But in order to fulfill the SC and GK rules, you need to consider all objects in one case, and we obtain the rules of exceptional jurisdiction, it turns out that each object should be divided into three different ships. And as soon as we pick up these objects in three different ships, it turns out that by sharing one apartment, we do not know the full picture of the picture and we cannot appreciate the justice of this separation. At first, it was all considered in one matter, but after the spouse stated that the rules of exceptional jurisdiction were violated and that all this should be considered in three different ships. Thus, this section continued in different courts, and after 5 years, the spouses came to the settlement agreement. But it turned out that the global agreement cannot be signed, because it concerns all three objects, and each court may approve the settlement agreement only with regard to the subject that there was an object of dispute, and everyone is afraid that by signing one world agreement with respect to one object And moving from one trial to another, another spouse will refuse to sign. Ultimately, three global agreements had to be approved.
The claim about the division of a marital ownership is, is definitely a real lawsuit, which means it falls under Article 30 of the Code of Civil Procedure. But such a literal reading of Article 30 of the Code of Civil Procedure can include conflict with common sense and material law. After the Presidium of the City Court, St. Petersburg acknowledged that all married property should be divided into seizure of exceptional jurisdiction from the principle of exceptional jurisdiction. Since the object is divided, which is in common property, then there is no point in finding out the history of the object; With respect to the overall ownership of the prerequisite for exceptional jurisdiction, they do not work here.
Determining exceptional jurisdiction
The rules for exceptional jurisdiction are contained in the APC and Code of Civil Procedure of the Russian Federation, while the categories of cases that are regulated by these codes are not the same. Russian legislation, international treaties determine the procedure for exceptional jurisdiction for certain categories of civil cases.
In accordance with Art. 403 GPCs to the exceptional jurisdiction of vessels in the Russian Federation include affairs:
- on real estate rights, which is located in the Russian Federation;
- cases arising from disputes under transport contracts in the case when the carrier is located in the Russian Federation;
- claims for divorce between Russian and foreign citizens or stateless persons, in the case when both spouses live in the territory of the Russian Federation;
- civil cases arising from public relations.
Note 1.
It should be noted that a testicular agreement in no case is an exceptional jurisdiction to be changed in cases where it is provided and regulated by national legislation. These conditions are established by Art. 30, 403 Code of Civil Procedure of the Russian Federation, relevant international agreements. An example is the Minsk Convention.
Exceptional jurisdiction in the framework of the Code of Civil Procedure of the Russian Federation
Code of Civil Procedure of the Russian Federation determines the terms of exceptions consisting of 4 categories of disputes:
- disputes arising from real estate rights. These cases are estimated on the basis of the place of the actual location of disputed facilities;
- claims about the release of property from arrest are determined at the location;
- in accordance with the statements regarding the transport relationship, the place of the presentation of the requirements is established at the location of the carrier. In this case, the procedure for pre-trial training should be observed, namely, the claim with the claim;
- the rules of exceptional jurisdiction act in cases of consideration of cases arising from hereditary relations. In the event that the requirements of the deceased creditors are presented until the inheritance is taken, in this situation it is to consider the case at the location and opening of the inheritance.
Exceptional jurisdiction in the framework of the APC RF
Categories of cases regulated by the provisions on exceptional jurisdiction of the APC RF, are cases arising from the relationship of transportation, including cases where the carrier is not the only participant of the case, but one of several respondents in the case. In such cases, the appeal to the judicial authorities should be carried out at the location of the defendant.
Note 2.
The specific category of legal conflict includes such when the party in the case is the arbitration court, speaking in the person of a participant in civil relations. For example, cases of claims for utility bills, as a state institution, disputes in accordance with the general rules are considered in the Arbitration Court of the Moscow Region.
A certain place in the disputes of real estate and hereditary relations in legal practice occupies an exceptional jurisdiction. The practice of using exceptional jurisdiction is valid within the limits of both civil and the arbitration process. However, there are differences in the categories of affairs, with respect to which appropriate norms apply. These norms are aimed at the formation of specific conditions appropriate to consider disputes. It should be noted that a single judicial practice on issues in this area is currently not formed.
The exceptional jurisdiction is a subspecies of territorial jurisdiction, the norms of which are contained in the APC and Code of Civil Procedure of the Russian Federation, however, the categories of cases falling under this regulation are not identical in the codecs. The difference of exceptional jurisdiction from other species is to imperatively establish rules for choosing a competent court, which cannot be changed by the Agreement of the Parties.
General characteristics of exceptional jurisdiction
Presenting a type of territorial jurisdiction, the exceptional jurisdiction also aims to identify the commissioning court as part of the 1st level of the judiciary system, after it was determined by using the norms about the relationship.
The specified legal institution establishes imperative exceptions from the general rules, the legal possibilities of changing which the parties to the conflict are not endowed (direct withdrawal in Art. 32 Code of Civil Procedure of the Russian Federation and Art. 37 of the APC of the Russian Federation on the contractual jurisdiction). In situations, when the rules about this form of jurisdiction and other types of its species arise collisions, the general rule preference is given to the 1st.
In judicial practice, attempts were made to appeal against the rules of exceptional jurisdiction as imperative the right to protect the right to protect the infringement interests, for example on disputes in the field of transportation relations.
In the definition of the Constitutional Court of the Russian Federation of 20.06.2006 No. 170, I found a reflection of the position that the legislator purposefully provided for the procedure for establishing a competent authority for individual categories of disputes, guided by the idea of \u200b\u200bcreating the most favorable conditions for the rapid and proper resolution of the conflict. The reason for this is the specifics of cases impeding their proper consideration in any other places, except for those defined by law.
Output! Thus, the COP concluded that the constitutional rights of citizens cannot suffer due to the use of regulatory issues of exceptional rules.
Categories of cases regulated by the provisions on exceptional jurisdiction of the Code of Civil Procedure of the Russian Federation
- Conflicts regarding real estate rights. For these cases, the determining criterion becomes the location of the corresponding objects.
This rule is due to the following factors:
- the evidence relating to the dispute is concentrated where the object is located;
- it is possible to participate in the process of the maximum number of subjects, whose interests were affected by the conflict situation.
Note! Code of Civil Procedure of the Russian Federation mentions only property that can be described as immovable due to nature, that is, the criterion is a strong connection with the Earth. In this matter, the regulation of the Code of Civil Procedure and the APC of the Russian Federation is differentiated, since the latter referred to not only to real estate in nature, but also by law (this may be, for example, aircraft).
A discussion issue that will be disclosed further is the nature of disputes on real estate rights, in respect of which the mechanism of exceptional jurisdiction is functioning.
- The issues of liberation of property from arrest are also considered at the place of its location.
- In the field of transportation relations, the place of presentation of the requirements is determined at the location of the carrier. At the same time, the order of pre-trial settlement should be observed - pre-handling of the claim.
- As part of the hereditary relations, the rules of exceptional jurisdiction are valid when the requirements of the delayed creditors are presented until the moment of the adoption of the inheritance. In this case, the competent will be the judicial body at the place of opening of the inheritance.
- Claims about the protection of the interests of a group of persons are considered at the location of the defendant.
Categories of cases regulated by the provisions on exceptional jurisdiction on the APC RF
The apk contains a longer list of applications of the norms under consideration:
- As in the Code of Civil Procedure of the Russian Federation, disputes on real estate objects, from among whom it is allocated:
- real estate of natural origin - at the location;
- artificially created real estate (sea vessels, space objects) - at the place of state registration.
Note! In the Decree of the Plenum of the Supreme Arbitration of the Russian Federation of 30.04.3009 No. 34, the issue of the exceptional jurisdiction of cases in which the Court, in the production of which is the case, is also involved in participating in it as a 3rd person (with independent requirements or without). In this case, the case is also transferred to the court of the Moscow region according to the rules of Art. 39 APC RF.
4. Deciding the issue of recognition for the debtor of bankrupt status is carried out in the judicial authority at the location of an insolvent subject.
5. Corporate disputes are dealt with by the court, determined at the location of the organization.
6. Incomponsive attachments are disputed at their location.
7. Meeting claims should always be submitted to the body engaged in the examination of the initial statement.
8. Claims about protecting the interests of a group of persons are considered at the location of the defendant.
Exceptional jurisdiction in real estate disputes
The problem is to determine the categories of disputes about immunity objects attributable to the scope of exceptional jurisdiction: only it is real (for example, recognition of the right to the object) or and the obligatory and legal (for example, recognition of an invalid transaction).
The practice of supreme vessels on the specified question is ambiguous.
In the Decree of the Plenum dated October 12, 2006 No. 54 of the Russian Federation formulated the following criterion: satisfaction of the stated requirements entails the consequences in the form of amending the USRP, such as recording on the transition of law. Moreover, such a sign is universal for the disputes of both species.
The list of lawsuits, the appeal to which should occur according to the rules on exceptional jurisdiction, was fixed in paragraph 2 of the decisions of the plenums of the Sun and the Russian Federation of April 29, 2010 No. 10/22. Despite the indication only on real statements, the question of the exclusion of mandatory disputes cannot be considered solved, since the exhaustive list is not.
In the Decree of the Presidium of the CAP of the Russian Federation dated 12/20/2011 No. 9924/11, the interpretation of the above situation was given: despite the open character of the list, the requirements mentioned in it possess aware of nature, from which it is possible to conclude that it is impossible to attribute obligatory disputes to it. An additional argument was the essence of the dispute - to oblige the buyer of the object to make a fee for him, which could not imply entries in the registry.
Important! The Armed Forces of the Russian Federation several times noted that the lack of guidelines in the Code of Code of Code of the RF indicates the establishment of rules for disputes on any real estate rights (see, for example, the definition of the Armed Forces of the Russian Federation of 27.02.2007 No. 66-B07-1).
Exceptional jurisdiction in hereditary relationships
In the norms of the Code of Civil Procedure of the Russian Federation on the subject matter under consideration referred to disputes in the field of hereditary relations, namely the requirements of the lenders of the testator, which are presented before the adoption of the inheritance. The lawsuit must be served at the place of discovery, that is, the last address of residence of the deceased.
Note! If the testator lived abroad or the address is unknown, the opening will occur at the location of hereditary property, including movable, in the Russian Federation. If there is no single location, the court will be determined at the location of the property as part of the inheritance or the most valuable part of the property.
Explanations on the jurisdiction of hereditary cases are given in the resolution of the Plenum of the Armed Forces of the Russian Federation of 29.05.2012 No. 9. In paragraph 3, the general rule of consideration of cases in the courts at the place of residence / location of the defendant is applied to cases not covered by the exception, that is, when the plaintiff Not a lender, but another person or the inheritance has already been accepted.
Also, in the absence of conditions for implementing the rules for exclusion for hereditary relations, if there are several objects remote from each other as part of the inheritance, that is, those located in the territory of the scope of different vessels, the requirements are declared at the place of opening of the inheritance, if at least 1 of Objects are in the same place. When the territorial location of the entire property does not coincide with the opening location, the choice, at the location of which object to file a claim, belongs to the plaintiff.
The institution of exceptional jurisdiction is functioning within the framework of both civil and the arbitration process, however, the categories of affairs are distinguished to which the relevant norms apply. The norms of this institution are aimed at creating the most suitable for consideration of specific disputes of conditions. At the same time, a uniform judicial practice for a number of issues in this area has not yet been formed.
Zashin A.N.,
gL editor
The definition of inconsistency in cases considered by the courts of general jurisdiction, as a rule, does not represent difficulties for any parties, ne all for professional lawyers.
As you know, the jurisdiction is the relevantness of the case, the subordinate court, to the mainstream court.
In determining the jurisdiction, the competence of a specific judicial body for consideration of a certain civil case on one of the instances is determined.
Regulatory consolidation of the rules for determining the jurisdiction is necessary in order to determine which judicial institution is empowered to consider a specific civil case. In determining the jurisdiction, among themselves compete: the courts of general jurisdiction, magistrates, arbitration courts, military courts, the Constitutional Court of the Russian Federation and constitutional (statutory) courts of the subjects of the Federation.
Fees:
- Functional - distribution of competence between courts, considering the case on different instances;
- generic (subject) - distribution of competence between the courts of first instance of various links of the system of courts;
- Territorial (local, spatial) - distribution of competence between courts of first instance related to one link depending on the territorial binding of the material and legal dispute or the creature of the complaint.
Each particular court is entitled to consider only the civil case, which is regardless of him, and it is not entitled to take into consideration of the case, susso other courts even in case of compliance with the rules of jurisdiction.
To determine the jurisdiction of civil affairs in practice means actually at the same time determine all three of its kind: functional, generic and territorial jurisdiction. If a specific judiciary does not satisfy the conditions of at least one of the types of jurisdiction, then it cannot accept an application for its production.
Territorial jurisdiction, in turn, is not a homogeneous procedural rule. It happens the common, exceptional, alternative, according to the relationship of cases, negotiable.
Common jurisdiction is when the claim is made to the court at the place of residence of the defendant, and to the organization - at the place of its location.
An alternative jurisdiction is when the choice between several alternative courts, which is coming up, belongs to the plaintiff.
Parties can, by agreement, to change the territorial jurisdiction for this case before accepting it by the court to their production, with the exception of cases, the ruling Armed Forces of the Russian Federation, the Sun Subject of the Russian Federation and the cases of exceptional jurisdiction.
Continuity will be place here.
The rules on the jurisdiction of affairs are as follows. The lawsuit to several defendants living or located in different places is made to court at the place of residence or location of one of the defendants by the choice of the plaintiff. The counterclaim is made to court at the place of consideration of the initial claim. A civil lawsuit arising from a criminal case, if he was not presented or was not allowed in the production of a criminal case, it is concluded for consideration in the order of civil proceedings according to the rules of jurisdiction established by the Code of Civil Procedure of the Russian Federation.
And so we got to exceptional jurisdiction. Claims about the rights to objects that are firmly related to Earth, as well as the release of property from arrest, are made to the court at the location of these objects or arrested property.
The claims of the lenders of the testator following the adoption of the inheritance by the heirs, the courtesy of the court at the opening of the inheritance.
Claims for carriers arising from transport contracts are made to court at the location of the carrier, to which a claim was presented in the prescribed manner.
A difficult point seems to choose between the general and exceptional disadvantage on disputes on the use of residential premises (for example, about the nonsense, appealing of illegal eviction, etc.).
Wording Part 1 Art. The 30 Code of Code of Civil Procedure of the Russian Federation is quite blurred, which often leads to the incorrect selection of jurisdiction: common instead of exceptional.
Article 30 of the Code of Civil Procedure of the Russian Federation contains provisions on exceptional jurisdiction.
This article establishes a procedural rate that is special in relation to Art. 28 of the same code that determines the territorial jurisdiction at the place of residence or location of the defendant.
According to Part 1 of Art. 30 Code of Civil Procedure of the Russian Federation Iska about the rights to residential premises are made to court at the location of these objects.
Thus, claims about the rights to residential premises are subject to consideration by the courts, taking into account the provisions on exceptional jurisdiction.
Any arguments that may arise or doubt about the circumstance, whether the subject of the claimed claim is the right to residential premises should be considered and eliminated with the following provisions of the legislation and the current judicial practice.
So, in paragraph 9 of the review of the legislation and judicial practice of the Supreme Court of the Russian Federation for the third quarter of 2007 (1) it clarifies that in the Code of Civil Procedure of the Russian Federation it is specifically not specified, about the protection of which rights to real estate is subject to claim for the rules of exceptional jurisdiction, Consequently, this jurisdiction is established for lawsuits about any rights to those listed in the specified legal norm.
(1) UTV. Resolution of the Presidium of the Supreme Court of the Russian Federation dated November 7, 2007 // Bulletin of the Supreme Court of the Russian Federation. - 2008. - № 2.
Clause 1 Art. 228 of the Civil Code lists the following types of rights to residential premises: possession, use and orders.
A similar explanation is given in the review of the judicial practice of the Supreme Court of the Russian Federation of April 7, 2004. For the fourth quarter of 2003 (1) in this review (QUESTION 3), the following is said: the exceptional jurisdiction is established for lawsuits about any rights to real estate, including On the right of use of them, on the right of use of real estate (including the definition of the procedure for using them), not related to ownership of it (for example, on the rights arising from the contract of hiring residential premises, lease, etc.). Thus, claims of any rights to real estate on the basis of part 1 of Art. The Code of Civil Procedure of the Russian Federation should be considered in court at the location of this property.
When the subject of a judicial dispute is the right to use the residential premises living in it, the territorial jurisdiction must be determined using the provisions of Part 1 of Art. 30 Code of Civil Procedure of the Russian Federation.
Requirements for the interior in the residential premises also contain signs of exceptional jurisdiction. As examples of the current judicial practice on the use of exclusive jurisdiction on union, one can lead:
- Definition of the Moscow City Court of April 26, 2012 in case No. 33-10712 / 12;
- Definition of the Moscow City Court of December 12, 2011 in case No. 33-40890;
- Definition of the Moscow City Court of October 18, 2011 in case No. 33-33696.
Therefore, claims for the recognition of eviction from the residential premises illegal, the establishment in the residential premises is subject to consideration by exclusive jurisdiction.
(1) Bulletin of the Supreme Court of the Russian Federation. - 2004. - № 7.
Also on this topic.
Ivanova, the prefecture of the city of Moscow and CJSC Su-155 on the recognition of a contract by invalid from the moment of the conclusion, about the obligation of the accounting registration, the obligation to convey the apartment, the obligation to disassemble the manmarket in the apartment. In the complaint filed to the Constitutional Court of the Russian Federation in the interests of M.S. Ilyagueva lawyer av. Kiryanov, please admit that Art. 19 (Part 1 and 2) and 47 (Part 1) of the Constitution of the Russian Federation does not correspond to Part 1 of Art. 30 Code of Civil Procedure of the Russian Federation, according to which lawsuits on land plots, plots of subsoil, separate water bodies, forests, perennial plantings, buildings, including residential and non-residential premises, buildings, structures, other facilities that are firmly related to land, as well as The liberation of property from arrest is made to the court at the location of these objects or arrested property.
Substitution of lawsuit
In such cases, the statement of claim should be submitted to the judicial authority, located directly at the location of the requested property. The claim for challenging the inaction of the bailiff or, on the contrary, the illegality of the action committed by him should be filed with the judicial body carrying out arbitration proceedings and directly at the location of this attachment.
The Arbitration Procedure Code of the Russian Federation contains the requirement to establish jurisdiction regarding the statement on disputes arising between organizations operating in the territory of a foreign state or have their own property there. The exceptional jurisdiction of cases involving foreign persons should be carried out in the territory of the Russian state directly at the location of the respondent organization.
Exceptional jurisdiction in civil procedure
A variety of interested persons can appeal to the court, including the debtor himself. Therefore, naturally, consideration of such a case, including with multiplicity of statements, should be carried out in court at the location of the debtor.
For cases of establishing facts that are important, there are also no defendants. Therefore, it is also natural to establish the rules on the jurisdiction of such cases to the courts at the location or place of residence of the applicants.
The exceptions make up cases on applications for establishing such facts that have the legal importance on which the emergence, change or termination of rights to immovable property depends. In determining the jurisdiction of these cases, the same approach that is formulated in h is maintained.
Article 30. Exceptional Commonness
Also, in the absence of conditions for implementing the rules for exclusion for hereditary relations, if there are several objects remote from each other as part of the inheritance, that is, those located in the territory of the scope of different vessels, the requirements are declared at the place of opening of the inheritance, if at least 1 of Objects are in the same place. When the territorial location of the entire property does not coincide with the opening location, the choice, at the location of which object to file a claim, belongs to the plaintiff.
Attention
The institution of exceptional jurisdiction is functioning within the framework of both civil and the arbitration process, however, the categories of affairs are distinguished to which the relevant norms apply. The norms of this institution are aimed at creating the most suitable for consideration of specific disputes of conditions.
Judicial protection of rights to real estate
Claims about the rights to maritime and aircraft, internal navigation vessels, cosmic objects are presented to the arbitration court to the place of their state registration. The suit to the carrier arising from the contractor transportation of goods, passengers and their baggage, including in the event that one of the defendants is carried out by the arbitration court at the location of the driver.
The application for the recognition of the debtor bankrupt seems to the arbitration court on the revenge of the debtor. An application for establishing facts, which is existing, submitting an arbitration court at the location of the applicant's residence, except for the establishment of facts, which is existing importance for the occurrence of, changes or termination of legal real estate, which is submitted by the court at the location of the property.
Exceptional jurisdiction
LCD of the Russian Federation for the protection of rights to real estate applies the pre-trial procedure for resolving the dispute. Thus, the individual provisions of the Housing Code of the Russian Federation imply a pre-trial order to resolve the dispute, the implementation of housing rights, including their protection in administrative procedure.
In the sense of the rules set out in Chapter 3 of the LCD of the Russian Federation, for the implementation of the right to transfer residential premises to a non-residential and non-residential in the residential premises (authorized person) addresses the translation body (Art. 23 LCD RF). In case of disagreement with the decision adopted by the authority, an interested party can appeal it in court (art.
Features of exceptional jurisdiction
Important
The jurisdiction is the definition of a court in which the claim must be submitted, which can consider a specific civil case. The suggestion of the claim means that the court chosen by the plaintiff has the right to consider the cases of this category, which is properly determined by the territorial jurisdiction, the principles of exceptional jurisdiction were not violated.
The jurisdiction of the courts is determined by the Civil Procedure Code of the Russian Federation. Violation by the court of rules of jurisdiction in the consideration of the case entails the unconditional abolition of a court order.
The definition determination when applying for a claim is the plaintiff shall determine the concernsity of the case concrete court. If the jurisdiction of the courts is defined incorrectly, the claim will be returned to the applicant without consideration: the return of the claim. First of all, it is necessary to decide whether the court will be due to the case.
Determination of the judgment of civil cases
In addition, the provisions of Art. 30 Code of Civil Procedure of the Russian Federation do not impede a citizen who invests cash for the purchase of residential premises (apartments), present a claim to an organization that attracts citizens' funds to build apartment buildings, if the dispute is recognized for the claimant of the right to residential premises, to court at the place of residence The plaintiff either at the place of conclusion or at the place of execution of the contract, since, upon presentation of this claim, special standards are subject to the application, which establishes cases of cases on Consumer Protection Protection (Part 7 of Art. 29 Code of Civil Procedure and Article 17 of the Law of the Russian Federation "On Protection of Rights consumers "). The corresponding clarification is also contained in the Presidium of the Supreme Court approved on March 24, 2004.
The responses of the judicial board on civil cases of the Supreme Court of the Russian Federation for court issues on the application of the norms of the Civil Procedure Code of the Russian Federation.
Chisinau Convention, establishing benefits when paying for state duty, according to which citizens of each of the Contracting Parties and other persons living on its territories are exempt from paying and compensation for judicial and notary fees and costs, and also enjoy free legal aid in the territories of other Contracting Parties on those same conditions as their own citizens. The benefits provided for in paragraph 1 of Art. 2 The conventions apply to the weight of the procedural action carried out on civil, family and criminal cases, including the execution of the decision or sentence. According to Art. 3 conventions of the benefits provided for by Art. 2 conventions are provided on the basis of a document on the family and property situation of a person exciting a petition.
What does the exceptional subject matter mean
According to Part 3 of Article 30 of the Code of Civil Procedure of the Russian Federation, Iska to carriers arising from the transport contracts are made to court at the location of the carrier, to which a claim was presented in the prescribed manner. The GPC is not specified, disputes from which transportation treaties are subject to consideration according to the rules of exceptional jurisdiction, while the Civil Procedure of the RSFSR 1964 established that such disputes include disputes from contracts for the carriage of goods, passengers and their baggage. Absence in art. 30 GPC transfer of types of transport contracts allows some authors to interpret this norm restrictively and refer to exceptional jurisdiction only claims arising from contracts for the carriage of goods. Nevertheless, the historical and systematic interpretation of the norms of procedural law indicates the need to attribute to the exceptional jurisdiction of lawsuits from contracts not only cargo, but also passengers and baggage.
What is an exceptional jurisdiction
Arbitration Court of the Moscow Region. Note! In the Decree of the Plenum of the Supreme Arbitration of the Russian Federation of 30.04.3009 No. 34, the issue of the exceptional jurisdiction of cases in which the Court, in the production of which is the case, is also involved in participating in it as a 3rd person (with independent requirements or without). In this case, the case is also transferred to the court of the Moscow region according to the rules of Art. 39 APC RF.
- The solution to the issue of recognition of bankrupt status is carried out in the judicial authority at the location of an insolvent subject.
- Corporate disputes are dealt with by the court, determined at the location of the organization.
- Incomponsive action of baits are disputed at their location.
- Counter Iska should always be submitted to the body engaged in the examination of the initial statement.
Of the Russian Federation, then the case is considered an arbitration court at the place of state registration of the respondent organization; 2) If organizations do not have state registration in the territory of the Russian Federation, then the case is subject to the Arbitration Court of the Moscow Region. The definition of the jurisdiction of the case in the latter case (the Arbitration Court of the Moscow Region), of course, is quite arbitrary, but quite necessary. The edition of Part 7 commented on the article is presented in such a way that its rules apply when: 1) both parties have state registration in the territory of the Russian Federation; 2) Both parties do not have such registration.