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The theory of everything. Theory of everything Civil Procedure Code of the Russian Federation Article 131

Legislation
18.09.2020

1. The statement of claim is submitted to the court in writing.

2. The statement of claim must indicate:
1) the name of the court to which the application is submitted;
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 the representative;
3) the name of the respondent, his place of residence or, if the respondent is an organization, its location;
4) what is the violation or threat of violation of rights, freedoms or legitimate interests the plaintiff and his claims;
5) the circumstances on which the plaintiff bases his claims, and the evidence confirming these circumstances;
6) the price of the claim, if it is subject to assessment, as well as the calculation of the recovered or disputed sums of money;
7) information on compliance pre-trial order appeals to the defendant, if it is established by federal law or provided by an agreement of the parties;
8) a list of documents attached to the application. The application may indicate the phone numbers, fax numbers, e-mail 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 petitions.
3. In the statement of claim filed by the prosecutor in defense of interests Russian Federation, subjects of the Russian Federation, municipalities or in defense of the rights, freedoms and legitimate interests of an indefinite circle of persons, it must be indicated what their interests are, what right is violated, and there must also be a reference to a law or other regulatory legal act, providing for ways to protect these interests. If the prosecutor applies to protect the legitimate interests of a citizen, the application must contain a justification for the impossibility of filing a claim by the citizen himself or an indication of the citizen's appeal to the prosecutor.

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

Commentary on Article 131 of the Civil Procedure Code of the Russian Federation

1. The commented article establishes requirements for the form and content of the statement of claim. The names of the plaintiff and the defendant must be indicated in full: surname, name, patronymic. In the event that the plaintiff does not know the location of the defendant and in accordance with Art. 120 of the Code of Civil Procedure of the Russian Federation, the court is obliged to issue a ruling on the search for the defendant, the statement of claim must contain the plaintiff's request for search and the last known address of the defendant or the location of his property must be indicated.

3. Part 3 of the commented article provides for the obligation of the prosecutor, in the event of an appeal in order to protect the legitimate interests of a citizen, to justify the impossibility of filing a claim by the citizen himself or the citizen's appeal to the prosecutor in accordance with Federal law dated April 5, 2009 N 43-FZ "On Amendments to Articles 45 and 131 of the Civil Procedure Code of the Russian Federation".

The right to assess the validity of the reasons why a citizen himself cannot go to court belongs to the court.

From the meaning of Art. 136 of the Code of Civil Procedure of the Russian Federation, it follows that the prosecutor's failure to comply with the aforementioned requirements when applying to the court in order to protect the rights, freedoms and legitimate interests of a citizen entails leaving the prosecutor's application without movement. The latter may submit a submission to the court ruling to leave the statement of claim, the statement of the prosecutor without movement.

4. The statement of claim may also contain other information, for example, requests for security claims, on the need to summon witnesses and other persons to the court, send a request to obtain other evidence that the plaintiff cannot obtain.

5. In some cases, the decisions of the Supreme Court of the Russian Federation clarify exactly what information should be indicated in statements of claim on specific categories cases. According to clause 7 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of November 5, 1998 N 15 "On the application of legislation by courts when considering cases of divorce", the statement of claim indicates when and where the marriage is registered; whether there are common children, their age; whether the spouses have reached an agreement on their maintenance and upbringing; in the absence of mutual consent to the dissolution of the marriage - the motives for the dissolution of the marriage; whether there are other requirements that can be considered simultaneously with the claim for divorce. The application shall be accompanied by: a marriage certificate, copies of birth certificates of children, documents on earnings and other sources of income of the spouses (if a claim is made to collect alimony) and other necessary documents.

6. In case of non-compliance with the requirements specified in the commented article, the statement of claim may be left without movement (Art. 136 Code of Civil Procedure of the Russian Federation). In cases where the statement of claim is not signed or signed and filed by a person who does not have the authority to sign and present it to the court, it must be returned in accordance with paragraph 4 of Part 1 of Art. 135 Code of Civil Procedure of the Russian Federation.

RF list the elements of the statement of claim. They also apply to other applications submitted under the civil proceedings... Failure to comply with them hinders the proceedings.

Importance of Articles

The meaning of Art. 131, 132 of the Civil Procedure Code of the Russian Federation can hardly be overestimated. The requirements for all applications submitted to the court are based on them. This includes a claim, simplified, special proceedings.

Failure to comply with the clauses of the law obliges the judge to leave the claim without movement. The application remains in an intermediate state. Further, the claimant is given time to correct errors and shortcomings.

Due to some violations, the claim is immediately returned to the applicant, and after correcting the errors, it must be resubmitted.

Revealing some of the shortcomings of the application after the beginning gives the right to the court to close the case and leave the claim without consideration, canceling all previous decisions.

The conclusion is based on jurisprudence on the application of Art. 131, 132 of the Civil Procedure Code of the Russian Federation, including judges The Supreme Court country.

The return of the claim does not stop the course of the limitation period, and the plaintiff risks subsequently losing the right to go to court.

Structure of the claim

Based on the foregoing, failure to comply with Art. 131, 132 is considered significant, although not always so from the point of view of the common man. The following are what you need to pay attention to:

  • the name of the court;
  • Full name or name of the plaintiff, place of residence or location;
  • Full name or name of the defendant, place of residence or location;
  • similar information about the representative, if the application is submitted by him;
  • facts and evidence confirming the opinion of the plaintiff;
  • the essence of violations or threats to rights and interests;
  • the price of the claim, unless otherwise provided by law;
  • information on the implementation of the pre-trial procedure for resolving the dispute;
  • claim requirements;
  • list of attached copies of documents.

Where the claim is filed

As the first paragraph of the claim in Articles 131, 132, the court is indicated. The applicant, with a few exceptions, has the right to submit an application at the place of residence or location of the defendant. With the choice of a district or city court by the court (in small settlements) everything is not so difficult.

The Magistrate's Court serves a number of streets. And the exact knowledge of the address of residence or the location of the defendant depends on which of the justices of the peace to apply to.

Features of the world's courts

According to Art. 23, 131, 132 they consider cases from a limited list. Most often these are massive, uncomplicated disputes. More time is spent on paperwork than on proceedings. An example is the issuance of orders based on applications from citizens and organizations.

District courts consider cases that are within the jurisdiction of the magistrates' courts, if part of the claims in the application is to be considered at the district level. For example, a woman asks to establish paternity and order the payment of alimony.

If the application contains a request to collect alimony in cash, you must file a claim with district court.

Information about the participants in the case

Articles 131 and 132 of the Civil Procedure Code of the Russian Federation speak of the applicant's surname, first name, patronymic. The lawyers preparing the documents are asked to show the passport in order to avoid mistakes in the spelling of the person's surname and first name.

What does it mean: "Indicate the name of the organization"? This is the designation of the organizational and legal form (LLC, PKU, etc.) and a word or phrase enclosed in quotation marks. An indication of, for example, LLC "Petrov and Vasiliev" is considered correct.

The address is entered as the place of residence in the application. If a person does not live at the place of registration, it is better to indicate the factual data. It is not necessary to enter information about the place of registration.

The same is the case with the indication of the full name and the place of residence or location of the defendant.

The location is noted if the party to the case is an organization. Her representative can indicate several addresses. It is worth paying attention to the address intended specifically for receiving correspondence.

Representative

Art. 131, 132 of the Civil Procedure Code of the Russian Federation imposes on the representative the obligation to fully indicate the surname, name and patronymic, place of residence. If the representative is an organization, indicate the full name and address of the office.

The person performing the representational tasks encloses a copy of the power of attorney. If the prosecutor acts in this capacity, the claim shall indicate the reasons for going to court on behalf of a citizen or organization.

In Art. 131, 132 of the Civil Procedure Code of the Russian Federation, only the prosecutor is given the right to file a claim in defense of the rights of an unlimited number of people or organizations. He has the right to go to court if there has been a violation of the rights of the state and municipalities. Reasons for appealing to the court: the results of inspections, statements of citizens, information received from other bodies.

Description of circumstances

In accordance with Art. 131, 132 the plaintiff tells why the dispute arose. The description includes a statement of events, actions, or inactions. The information must be presented in such a way that it is clear to the judge what the defendant's violations are. The text should not allow emotional expressions and provide information that is irrelevant from the point of view of the law. For example, the characteristics of a person in a dispute over the amount of debt collection. Superfluous information loads the claim and does not allow the judge to quickly grasp the essence of the dispute and sort it out, spending a minimum of time.

Dispute price

Recognition of property rights, debt collection, damage - all this affects the material interests of the parties. Why should the judge know at what time the plaintiff is assessing his claims? Based on them, the size is calculated state duty which is paid. The calculation rules are established by the Tax Code of the Russian Federation.

For some cases, there is a fixed price. This is allowed if it is impossible to calculate the amount of the claim or establish a fixed amount of the fee.

Application of pre-trial procedures

The plaintiff first sends a claim to the defendant or sends a complaint to the competent authority, for example, to the appeal commission of Rosreestr. Having no information about an attempt to resolve the dispute in another way, the court will return the application to the plaintiff.

If we consider Art. 131, 132, 264 in cases of special proceedings, documents are required indicating the need for the participation of the court in the decision of the case.

Attached to the claim is either an answer, or evidence of a complaint or a claim, if a timely response was not given to them (the evidence is a notification and an inventory issued by the mail).

If, before filing a claim with the court, the law obliges you to apply for an order, you must attach a court ruling on the cancellation of the order or refusal to issue it.

Features of enforcement proceedings

Questions of suspension, termination, postponement, payment by installments and resumption of proceedings are considered by the courts that made the decision, according to the rules of civil procedure. The same is done when appealing the size of the property appraisal.

An appeal against actions or omissions, or other decisions is provided already within the framework of administrative proceedings.

The conclusion follows from the provisions of Art. 131, 132 and 441 in latest edition.

Claim requirements

In Art. 131, 132 of the Civil Procedure Code of the Russian Federation “I ask” is not mentioned, however, it is this word that separates the text of the claim from the list of requirements.

Their number is not limited. The choice of wording depends on the plaintiff. Firstly, they must be consistent and not contradict each other, and secondly, correct - comply with the norms of the law. For example, to collect a sum of money, and not to claim it, to recognize the right to a thing, indicating its characteristics in accordance with the register of rights.

Requirements are one of the most difficult stages of writing a claim, where the knowledge of a lawyer is in demand.

What papers are attached to the claim

Art. 132 CPC offers a short list:

  • copies of the claim and attached documents according to the number of participants in the process;
  • document confirming payment of the duty (receipt or payment order);
  • papers confirming the facts referred to by the plaintiff;
  • a copy of papers on an attempt to solve the case without the participation of the court;
  • calculation of the amount that the applicant asks to recover (a special table from which you can see why such an amount is requested).

1. The statement of claim is submitted to the court in writing.

2. The statement of claim must indicate:

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

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

3) the name of the respondent, his place of residence or, if the respondent is an organization, its location;

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

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

6) the price of the claim, if it is subject to assessment, as well as the calculation of the recovered or disputed sums of money;

7) information on the observance of the pre-trial procedure for contacting the defendant, if this is established by federal law;

7.1) information about the actions taken by the party (parties) aimed at reconciliation, if such actions were taken;

8) a list of documents attached to the application.

The application may contain telephone numbers, fax numbers, e-mail addresses of the plaintiff, his representative, defendant, other information relevant to the consideration and resolution of the case, as well as the petition of the plaintiff.

3. In the statement of claim filed by the prosecutor in defense of the interests of the Russian Federation, constituent entities of the Russian Federation, municipalities or in defense of the rights, freedoms and legitimate interests of an indefinite circle of persons, it must be indicated what exactly their interests are, what right is violated, and there must be a reference to a law or other normative legal act that provides for ways to protect these interests.

If the prosecutor applies to protect the legitimate interests of a citizen, the application must contain a justification for the impossibility of filing a claim by the citizen himself or an indication of the citizen's appeal to the prosecutor.

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

The statement of claim, filed by filling out a form posted on the official website of the court in the information and telecommunication network "Internet", containing a request for securing the claim, is signed by a strengthened qualified electronic signature in the manner prescribed by the legislation of the Russian Federation.

The provisions of Article 131 of the Code of Civil Procedure of the Russian Federation are used in the following articles:
  • Leaving a statement of claim without movement
    1. The judge, having established that the statement of claim was filed with the court without observing the requirements established by Articles 131 and 132 of the Code of Civil Procedure of the Russian Federation, makes a ruling to leave the statement without progress.
  • Requirements to statement of claim filed to protect the rights and legitimate interests of a group of persons
    1. A statement of claim filed in defense of the rights and legitimate interests of a group of persons must comply with the requirements provided for in Article 131 of the Code of Civil Procedure of the Russian Federation. The statement of claim filed in defense of the rights and legitimate interests of a group of persons also indicates:

Do you think you are Russian? Born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is not true.

You are actually Russian, Ukrainian or Belarusian. But you think you are a Jew.

Game? Wrong word. The correct word is "imprinting".

The newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is inherent in most living creatures with vision.

For the first few days, newborns in the USSR saw their mother for a minimum of feeding time, and most of the time they saw the faces of the hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. The reception is wild in its essence and effectiveness.

All your childhood you wondered why you live surrounded by non-native people. Rare Jews on your way could do anything with you, because you were drawn to them, and others were repelled. And even now they can.

You cannot fix this - imprinting is one-time and for life. It is difficult to understand this, the instinct took shape when you were still very far from the ability to formulate. Since that moment, no words or details have survived. Only facial features remained in the depths of my memory. Those traits that you consider to be your own.

3 comments

System and Observer

Let's define a system as an object, the existence of which is beyond doubt.

An observer of a system is an object that is not part of the system it observes, that is, it determines its existence, including through factors independent of the system.

From the point of view of the system, the observer is a source of chaos - both control actions and the consequences of observational measurements that do not have a causal relationship with the system.

An internal observer is a potentially achievable object for the system in relation to which inversion of observation and control channels is possible.

An external observer is even a potentially unattainable object for the system, located beyond the event horizon of the system (spatial and temporal).

Hypothesis No. 1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can occur, for example, with the help of "gravitational radiation" penetrating the universe from all sides from the outside. The capture cross-section of "gravitational radiation" is proportional to the mass of the object, and the projection of the "shadow" from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of objects and inversely proportional to the distance between them, which determines the density of the "shadow".

The capture of "gravitational radiation" by an object increases its chaos and is perceived by us as the passage of time. An object that is opaque for "gravitational radiation", the capture cross section of which is larger than the geometric size, looks like a black hole inside the universe.

Hypothesis No. 2. Internal observer

It is possible that our universe is observing itself. For example, with the help of pairs of quantum entangled particles spaced apart in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, reaching the maximum density at the intersection of the trajectories of these particles. The existence of these particles also means the absence of a sufficiently large capture cross section on the trajectories of objects that can absorb these particles. The rest of the assumptions remain the same as for the first hypothesis, except:

Time flow

Third-party observation of an object approaching the event horizon of a black hole, if the “external observer” is the determining factor of time in the universe, will slow down exactly twice - the black hole's shadow will block exactly half of the possible trajectories of “gravitational radiation”. If the “inner observer” is the determining factor, then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the side.

Also, the possibility of combining these hypotheses in one proportion or another is not excluded.

1. How to draw up a statement of claim to the court for the termination of the right to use the residential premises in accordance with Article 131-13 of the Code of Civil Procedure of the Russian Federation.

1.1. Contact any lawyer of the site, agree with him on the terms of cooperation, pay for it, get a claim and prove your case in court. How to make a claim within the framework of a free consultation is difficult;

2. How to correctly draw up a statement of claim under article 131-132 of the Civil Code of the Russian Federation. sample.

2.1. It is very difficult to tell briefly how to correctly draw up a statement of claim. And besides, I am convinced that a lawyer should write it. Contact a lawyer on our website in person or write to him on his email. mail (usually it is indicated under the answer), he will help to draw up a statement of claim, give all the necessary explanations, and, if necessary, will provide legal assistance up to a court decision. The quality of legal assistance and decency are guaranteed.

2.2. In the application, you must indicate the details of the parties, the name of the court, state the circumstances of the case and formulate your demand, indicate the list of documents.

2.3. There are no samples of claims - each claim is different.
The general requirements for the statement of claim are determined by Art. 131-132 Code of Civil Procedure of the Russian Federation.
Apply for practical help to a lawyer individually.

3. What does Article 3.131-132 of the Civil Code of the Russian Federation mean?

3.1. What does Article 3.131-132 of the Civil Code of the Russian Federation mean?
Hello. The right to go to court, the requirements for the statement of claim.