What types of claims exist in civil proceedings? Civil procedure (2015) Types of claims in civil proceedings subject of research

Classification of claims is possible on two grounds (criteria):

substantive;

procedural and legal.

Other grounds

Classification of claims based on material and legal grounds

Classification of claims according to substantive grounds (corresponds to the branch of law):

labor;

housing;

civil;

family, etc.

Civil claims (claims from civil legal relations) are divided into:

claims from individual agreements (from a lease agreement, leasing agreement, etc.);

claims for protection of property rights;

claims for inheritance rights;

The substantive and legal classification of claims makes it possible to correctly determine the direction and scope of judicial protection, the jurisdiction of the dispute and its subject composition, as well as to identify the specific procedural features of this dispute.

Classification of claims according to procedural and legal grounds

When bringing a claim, a plaintiff may pursue various goals. The very nature of the court decision depends on the purpose of the claim (its content) or the method of protecting the right, i.e. what decision does the plaintiff want to receive from the court?

According to procedural and legal grounds, claims are distinguished:

about the award (executive);

on recognition (institutional);

transformative (disputedly, in some sources).

Claims for award - the most common ones - are claims the subject of which is characterized by such methods of defense as voluntary or forced fulfillment of the defendant’s obligation confirmed by the court.

In claims for award, the plaintiff, turning to the court to protect his right, asks:

recognize his controversial right;

sentence the defendant to commit certain acts or to refrain from committing them.

The peculiarity of claims for award is that they seem to combine two demands: recognition of the disputed right with a subsequent requirement to award the defendant to fulfill the obligation.

Claims for recognition are called ascertainment claims, since in them, as a rule, the task of the court is to establish the presence or absence of a disputed right. The purpose of recognition claims is to eliminate the controversy and uncertainty of law. The defendant, if a claim for recognition is brought against him, is not forced to take any actions in favor of the plaintiff.

Claims for recognition include:

positive claims (aimed at recognizing the disputed right);

negative claims (recognizing the absence of a legal relationship).

Conversion lawsuits

Elements of the claim

The law states that the change of claim occurs according to its subject and basis (Article 39 of the Code of Civil Procedure of the Russian Federation). These elements are important for determining the scope of protection of the claim. They also establish the direction, course and features of the trial for each process.

In science, the following elements of the claim are distinguished:

base;

The subject of the claim is everything for which the plaintiff seeks a court decision, this is a specific substantive legal claim of the plaintiff against the defendant, arising from a controversial legal relationship and about which the court must make a decision. When filing a claim, the plaintiff can seek coercion and enforcement of his substantive legal claim against the defendant (demand repayment of a debt, return of an item in kind, recovery of wages, etc.).

The plaintiff may also demand recognition by the court of the presence or absence of a legal relationship between him and the defendant (recognition of him as a co-author of the work, recognition of the right to living space, recognition of paternity, etc.).

Along with the subject of the claim in civil proceedings, it is customary to highlight the material object of the dispute. In view of the obvious and inextricable connection of the latter with the subject of the claim, it should be concluded that the material object of the dispute is included in the subject of the claim and individualizes the substantive legal requirements of the plaintiff. This is especially noticeable when presenting vindication claims filed by the owners.

The basis for the claim is the circumstances and facts with which the plaintiff associates the existence of legal relations brought before the court. These are the legal facts on which the plaintiff bases his substantive claim against the defendant. This is stated in clause 4, part 2, art. 131 of the Code of Civil Procedure, according to which the plaintiff is obliged to indicate what the violation or threat of violation of the rights, freedoms or legitimate interests of the plaintiff and his demands is. Clause 5, Part 2, Art. 131 of the Code of Civil Procedure prescribes that the statement of claim must indicate the circumstances on which the plaintiff bases his claims against the defendant.

Most often, a citizen turns to the court in order to protect his rights. There are various types of such statements in civil proceedings. The main criterion for classification is the field of activity and area of law with which the main requirement is associated.

The existence of a generally accepted classification facilitates the legal proceedings itself, because the types of claims simplify the collection of information.

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Definition and elements

A claim is a document that serves as one of the tools for starting legal proceedings. Usually this word is usually understood as a description of the demands that are presented from one side to the other.

As for the elements of the claim, in this case we are talking about the internal structural parts of the document. There are two main ones:

Base.
Item.

The subject of the claim is precisely a specific demand from the plaintiff towards the defendant. The requirements themselves are also different:

aimed at acts of government authorities, recognition of their invalidity;
, business reputation;
recognition of property rights.

The same material object allows you to draw up claims with different requirements. Grounds are the circumstances that actually led to the emergence of the relevant requirements. They can also influence jurisdiction.

Basis of classification

There are various reasons for creating a classification system:

Items with purposes. Used in the classification of procedural and legal areas.
When substantive classification takes into account the object that needs to be protected.
It is important to remember the nature of the interests of the participants.

In addition, transformative documents are highlighted, either with requirements for the award or recognition of something. Even Roman law was familiar with similar concepts.

Substantive

First of all, claims can arise from various areas and spheres of relations:

in the field of taxes;
with land objects;
type;
spheres.

Each type of requirement in these groups is also divided into other types. Here we are already talking about documents:

From obligatory legal relations.
For causing harm not described in contracts.
From copyright, invention rights and the like.

In turn, claims for mandatory legal relations can be divided into:

related to storage;
related to me;
aimed at donation;
purchase and sale agreements.

This classification is usually based on statistics collected from established practice. For this purpose, the court proceedings themselves are studied. And the classification itself helps to generalize court cases. Thanks to this, the Supreme Court does not have difficulties when drawing up decisions.

Procedural and legal

The procedural feature becomes the main parameter in this case. Here are the following groups of documents:

With award. Recognition of a certain subjective right is the main goal of drawing up requirements. This means that the defendant is obliged to perform certain actions. Often such statements relate to sales or purchase transactions.
Regarding recognition. The plaintiff is trying to protect some legal right. If the plaintiff demands recognition of any right, then the document is called positive. And it is negative when, on the contrary, the existence of rights is rejected. The concept also appears.
Transformative. It assumes that a court decision will then be made, serving as a legal fact, completing the legal composition. When filing a case, it is important to rely on current legal norms. Legal facts usually arise before the trial begins.

By the nature of the interests protected

In this case, the classification will look like this:

Personal requirements. The reason lies in disputes over material legal relations; the plaintiff protects his interests in the material sphere. After the court decision, if it is positive, the plaintiff will be considered a beneficiary.
Organization of defense for public interests, interests of the state. These claims are created in order to defend state property interests in a particular area. Characterized by the impossibility of identifying those who specifically benefit.
Protecting the rights of others. In such circumstances, the plaintiff receives the authority to initiate criminal proceedings. The requirements are not directed in favor of the person who directly draws up the document, but in favor of third parties.
Protecting the interests of an unspecified circle of persons. The interests of some citizens are protected, but the exact list is unknown at the time the case is opened. More often, such requirements relate to business activities and various economic aspects.
Indirect, production. A separate area created to protect the interests of joint stock companies. Or LLC. Claims are filed if managers commit any illegal actions. Because of this, certain damage is caused to society itself. That is why a claim is being filed, but in this case it is not. The beneficiary of the society itself, the managers, do not receive anything directly from such demands.

By object of the violated right

Claims can be property or non-property, depending on whether the subject of the claim is any good. When determining the size of claims and compensation, such a classification becomes especially relevant.

Characteristics of certain types of claims

Requirements that are related to the need deserve a separate discussion protect business reputation, or honor and dignity. Such claims are always considered difficult to consider, because plaintiffs assess the damage caused only from their own point of view. And the requirements precisely depend on subjective assessments.

But legislation guarantees every citizen the opportunity to defend their interests, even non-material ones. For this purpose it was created arbitration proceedings. Most often, such claims are filed in connection with unpleasant events that occurred on the Internet. After all, everyone can say what they think. And such statements do not always fit within the bounds of decency. Therefore, corresponding moral discomfort arises.

A citizen has the right to defend his honor and his rights if he believes that a message on the Internet clearly contains information with defamatory text. identifies two main possibilities for such situations:

Deleting the text itself.
Compensation in a certain amount of money.
The main thing when filing a claim is to rely on current regulations.

More on indirect or industrial claims

Many developed countries face similar cases in practice. Thanks to such documents, it becomes easier to force company managers to act in a certain way, which simplifies the process of resolving conflict situations.

In most situations, arbitration courts are responsible for indirect claims. Especially when it comes to the relationship between a child and a main object. Or if the plaintiffs are shareholders, community members. They may have different security for legal claims.

Transformation requirements

Dedicated to legal relations between subjects, the emergence of new ones, changes or termination of existing ones. The creative nature of judicial activity has recently become especially relevant. Judges of arbitration institutions need to establish facts in large quantities. Difficulties arise with cases tied to hypotheses, certain and not very specific.

It is important that certain legal facts be given a certain significance. The concepts of reasonableness and good faith are interpreted depending on the evidence presented by each party. The claim and the decision are equally transformative.

Conclusion

Claims must be correctly drafted in order for the consideration of the case to begin at all. That is why it is necessary to take into account the current classification.
Equally important is the timely submission of documents.
Registration and consideration will be rejected if the deadlines for these procedures are violated without good reason.
Thanks to modern classifications, it is simplified to take into account the procedural and substantive legal features of production. This is especially true when it comes to the situation with arbitration courts.
The defense of a claim must be organized in a cost-effective and proper manner. After all, the same legal result can be achieved in different ways.

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Classification of claims in civil procedural law is made on various grounds.

For example, depending on the type of disputed legal relationship, which is the basis of the claim, there are claims arising from civil, land, labor, housing, family, environmental, etc. legal relations. Knowledge of substantive legal features contributes to the most correct use of a civil claim as a means of protecting specific subjective rights.

Since the 19th century Russian procedural science distinguishes between real and personal claims. The main feature of claims in rem is that they require the court to record the status of any thing; the decision on such a claim is binding on all persons, regardless of whether they were participants in the process or not. Personal claims predominate in the field of disputes arising from obligations and other personal legal relations.

V.V. Yarkov subdivides claims by the nature of the interests being protected for personal claims, in defense of public and state interests, in protection of the rights of other persons, in defense of an indefinite number of persons, indirect (derivative) claims. The basis for classification here is the question of the beneficiary of the relevant claim, i.e. a person whose rights and interests are protected in court.

However, the classification of claims according to the so-called procedural feature(or for the purpose pursued by the plaintiff in civil proceedings). According to this classification, there are three types of claims - for recognition, for award and transformative.

Claims for recognition(they are also referred to as establishing claims) are aimed at confirming by the court the existence or absence of a certain controversial legal relationship or a separate element of the legal relationship. The goal pursued by the plaintiff in bringing such claims is to bring certainty to the substantive legal status of the plaintiff when the right has not yet been violated, but the possibility of such a violation is assumed. The court's decision to satisfy the claim for recognition, which has entered into legal force, protects the plaintiff's right in full, the process of protection itself ends, and there is no enforcement proceedings. The defendant is not forced to act in favor of the plaintiff. However, claims for recognition are not homogeneous and, in turn, are divided into positive and negative claims.

In positive (positive) claims for recognition, the plaintiff asks the court to confirm the existence of any right or, on the contrary, the presence of any obligation on the part of the defendant. An example of such claims are claims to establish paternity (when such establishment is not related to the collection of alimony), to recognize the right to living space.

In adverse (negative) claims for recognition, the plaintiff asks the court to confirm that he has no duty or that the defendant has no right. Examples of such claims are claims to declare a marriage invalid, to annul an adoption, or to invalidate a will.

Claims for award(executive actions) are brought to force the defendant to perform any action in favor of the plaintiff, to obtain material benefits or other satisfaction from the defendant. Such claims are brought regarding already committed violations of civil rights and failure to fulfill obligations on time. The bulk of claims considered by the courts are precisely claims for an award, since citizens very rarely turn to the court as a crime prevention body; as a rule, we are talking about a real violation - these are claims for the recovery of sums of money, for the recovery of property, for compensation for damage and so on.

In claims for award, the court's decision is an intermediate step in the process of protecting the plaintiff's rights. After a court decision to satisfy a claim in such cases enters into legal force, enforcement proceedings are necessary, except for cases (unfortunately, very rare) when the defendant voluntarily fulfills the duties assigned to him by a court decision. Thus, the plaintiff in claims for recognition, after a positive decision in his favor, turns into a claimant, and the defendant into a debtor.

In response to decisions on claims for award, the claimant is issued a writ of execution, or at the request of the claimant, this writ is sent by the court to the bailiff service.

The third type of claim on a procedural basis is transformative, or constitutive. In the theory of procedural law, the question of the existence of transformative claims was debatable, but modern civil law names termination or change of legal relations as one of the methods of protection (Article 12 of the Civil Code), therefore, this type of claim has the right to exist as provided for by law. A transformative claim is aimed at changing or terminating the existing legal relationship between the plaintiff and the defendant. A court decision on such claims actually functions as an ordinary legal fact. Transformative claims include claims for divorce, early termination of a contract, and changes in the terms of the contract.

There are other classifications of claims, as well as the identification in theory of separate groups of claims, in particular group, preventive (warning), and indirect.

Reshetnikova I. V., Yarkov V. V. Civil law and civil procedure in modern Russia. M., 1999. P. 137.

Introduction

Lawsuit (from Latin actio) is an action aimed at protecting one’s own.

The concept of "claim" is used:

when analyzing issues of protecting subjective rights and interests of a legal entity, state, constituent entities of the Russian Federation, municipalities, public organizations and an indefinite number of persons;
when studying ways to protect rights and interests, means of recourse to court, forms of protection of rights and forms of judicial proceedings.

Due to the multiplicity of directions in the use of the concept under study, a generally accepted point of view in the scientific literature has not yet been developed.

The difficulty in developing the concept of “claim” lies in its duality:

1. as a means of protecting a subjective violated right or from the threat of such a violation (material and legal side);
2. How form, type of court proceedings for consideration and resolution of civil cases (procedural side).

The current Code of Civil Procedure, for example, establishes that the statement of claim must indicate what the violation or threat of violation of the rights, freedoms or legitimate interests of the plaintiff and his demands is. And the Civil Procedure Code is called “Claim Proceedings”.

The identification of both the substantive and procedural aspects in the claim is most consistent with the current legislation, but with one clarification.

When the concept of “claim” is used in the substantive legal sense, it is necessary to keep in mind such branches of substantive law in which the subjects have equal rights and obligations. You can only bring a claim and compete in your innocence with an equal.

In addition, one should also take into account the sectoral affiliation of subjective law (labor, family, civil, etc.), which influences the process, but does not undermine or destroy the claim form of proceedings in court, but makes it flexible and more suitable for protecting the right, owned by an individual or legal entity.

The substantive side of the claim is addressed to the violator, its content is determined by industry (family, housing and other relationships).

The procedural and legal side is addressed to the court with the requirement to conduct an open, public process, which is governed by the rules of procedural law, i.e. the content of this requirement is determined by procedural legislation.

Lawsuit- an appeal by an interested person to the court with a demand for the protection of his subjective right or interest protected by law.

When a plaintiff waives a claim, he waives not his appeal to the court, but his claim against the defendant. If the court takes measures to secure a claim, then we are talking about ensuring in the future the implementation of the substantive legal claim of one person against another.

A statement of claim is an important means of initiating proceedings on a specific dispute.

Claim- these are such claims when a dispute arose between the plaintiff and the defendant in connection with the violation or challenge of a subjective right and the parties did not resolve it without the intervention of the court, but submitted it to its consideration and resolution.

Right to sue

The right to claim is the opportunity provided by law to apply to the court for protection, restoration of a violated right or elimination of uncertainty in the law.

First of all, Art. 46 of the Constitution of the Russian Federation, which ensures everyone the right to go to court.

The Code of Civil Procedure of the Russian Federation establishes: “An interested person has the right, in the manner established by the legislation on civil proceedings, to apply to the court for the protection of violated or disputed rights, freedoms or legitimate interests.”

The two-sided nature of the claim is fully manifested in the concept of the right to claim:

from the substantive side, the right to claim means the right to satisfaction of the claim;
from the procedural and legal side - the right to file a claim in court.

Thus, the right to sue is a form of exercise of the right to sue, the right to judicial protection.

General prerequisites for the right to bring a claim:

Availability procedural standing from the plaintiff;
jurisdiction of the case court of general jurisdiction;
fact absence of a decision that has entered into legal force on a dispute between the same parties, about the same subject and on the same grounds, or a court ruling to terminate the proceedings in connection with the acceptance of the plaintiff’s refusal of the claim or the approval of a settlement agreement between the parties;
fact absence of an arbitration decision that has become binding on the parties in a dispute between the same parties, on the same subject and on the same grounds, with the exception of cases where the court refused to issue a writ of execution for the forced execution of the arbitration court decision.

Special prerequisites for the right to bring a claim:

mandatory compliance with pre-trial or out-of-court procedures for resolving applications in cases provided for by law(for example, in disputes about non-receipt of postal items, in disputes in connection with the transportation of goods by various transport). In case of failure to comply with the mandatory pre-trial claim procedure for resolving a dispute, the relevant person does not lose the right to judicial protection, since after returning the statement of claim for the reason considered, he has the opportunity to eliminate the violation and go to court again.

The procedural significance of the prerequisites for the right to sue is that only their totality gives the interested person the right to go to court. If at least one of the general prerequisites is missing, the court refuses to accept the application. And if it is discovered that there are no prerequisites after accepting the statement of claim and initiating a civil case, the case is terminated at any stage of the process.

Since the right to satisfy a claim when accepting a statement of claim is not verified, but is assumed, its presence or absence is established during the trial. And the final answer is given by the court in a decision or ruling on the case as a whole.

Types of claims in civil proceedings

Classification of claims possible on two grounds (criteria):

substantive;
procedural and legal.

Other grounds

There are other grounds for classifying claims in the literature.

For example, according to the nature of the interests being protected, claims are distinguished:

personal;
in defense of public interests;
to protect the rights of others;
on the protection of an indefinite number of persons (class actions);
indirect claims.

Personal claims are aimed at protecting the plaintiff’s own interests in a controversial material legal relationship. They make up the bulk of cases resolved by courts of general jurisdiction.

According to claims in defense of public interests the beneficiary is assumed to be society as a whole or the state, since it is impossible to determine a specific beneficiary.

Lawsuits to protect the rights of others are aimed at protecting not the plaintiff himself, but other persons in cases established by law. For example, claims filed by authorities and guardians in defense of the rights of minor children.

Lawsuits on the protection of an indefinite number of persons(class actions) are aimed at protecting the interests of a group of citizens, the full composition of which is unknown at the time the case was initiated. One or more persons of the group act in the interests of the group without special authority. It is assumed that the trial procedure itself, associated with the need to notify and identify group members, allows a court decision to make the composition of the group definite, personalized (it should be noted that the issue of the identity of claims for the protection of an indefinite number of persons and class claims is debatable).

Indirect claims are aimed at protecting interests, the personal composition of which is predetermined. They are designed, first of all, to protect the interests of subjects of corporate relations (which are based on the association of individuals and (or) their capital in order to achieve a common economic goal, making a profit).

Classification of claims based on material and legal grounds

Classification of claims based on material and legal grounds ( corresponds to the branch of law):

labor;
housing;
civil;
family, etc.

Civil claims(claims from civil legal relations) are divided into:

claims from individual agreements (from a lease agreement, leasing agreement, etc.);
claims for protection of property rights;
legal claims;
copyright claims.

Substantive classification of claims allows you to correctly determine the direction and scope of judicial protection, the jurisdiction of the dispute and its subject composition, as well as to identify the specific procedural features of this dispute.

Classification of claims according to procedural and legal grounds

According to procedural and legal grounds, claims are distinguished:

about the award (executive);
on recognition (institutional);
transformative (debatable, in some sources ).

Claims for award

The most common are requirements, the subject of which is characterized by such methods of protection as voluntary or forced fulfillment of the defendant’s obligation confirmed by the court.

In claims for award, the plaintiff, turning to the court to protect his right, asks:

recognize his controversial right;
sentence the defendant to commit certain acts or to refrain from committing them.

Features of claims for award is that they seem to combine two requirements:

on recognition of the disputed right with a subsequent requirement to award the defendant to fulfill the obligation.

Claims for recognition

Claims for recognition are called claims establishing, since according to them, as a rule, the task of the court is to establish presence or absence of a disputed right. The purpose of recognition claims is to eliminate the controversy and uncertainty of law.

The defendant, in the event of a claim being brought against him for recognition not forced to take any action in favor of the plaintiff.

Claims for recognition include:

positive claims (aimed at recognizing the disputed right);
negative claims (recognizing the absence of a legal relationship).

Conversion lawsuits

In the theory of civil procedural law, there is a judgment about the existence of transformative claims that are aimed at changing or terminating the existing legal relationship with the defendant and it is indicated that this can happen as a result of the unilateral expression of the will of the plaintiff.

All claims that are called transformative can be classified either as claims for recognition (for example, claims for establishing paternity, for divorce) or claims for award (division of joint property of spouses). The division of claims into two types exhausts the classification of claims according to their procedural purpose.

Currently, the science of civil procedural law proceeds from the fact that there is no need to single out the institution of so-called transformative claims as an independent type of claims., since the court does not have the function of eliminating rights by its decision or creating rights and obligations that the parties did not have before the trial.

Elements of the claim

The law states that the change of claim occurs on its subject and basis (Civil Procedure Code of the Russian Federation). These elements are important for determining the scope of protection of the claim. They also establish the direction, course and features of the trial for each process.

In science, the following elements of the claim are distinguished:

item;
base;
content (controversial).

Subject of the claim is everything for which the plaintiff seeks a judgment, this specific substantive requirement the plaintiff to the defendant, arising from a controversial legal relationship and about which the court must make a decision. When filing a claim, the plaintiff can seek coercion and enforcement of his substantive legal claim against the defendant (demand repayment of a debt, return of an item in kind, recovery of wages, etc.).

Grounds for claim are the circumstances, facts with which the plaintiff associates the existence of legal relations brought before the court. These are the legal facts on which the plaintiff bases his substantive claim against the defendant. This is stated in clause 4, part 2, art. 131 of the Code of Civil Procedure, according to which the plaintiff is obliged to indicate what the violation or threat of violation of the rights, freedoms or legitimate interests of the plaintiff and his demands is. Clause 5, Part 2, Art. 131 of the Code of Civil Procedure prescribes that the statement of claim must indicate the circumstances on which the plaintiff bases his claims against the defendant.

Thus, facts and circumstances can be divided into two types:

confirming presence or absence of legal relations between the parties to the case (agreement, damage to health, property);
confirming plaintiff's claims against defendant(failure to fulfill the contract, violation of traffic rules, operating mode of equipment).

Note on the content of the claim

Contents of the claim determined by the purpose pursued by the plaintiff in bringing the claim. The plaintiff may ask the court to award him a certain thing, to recognize the presence, absence or change of his subjective right. Consequently, the content of the claim must be understood as the plaintiff’s request to the court for the award, recognition or change (transformation) of the right.

Thus, the subject of the claim is determined by the claim of the plaintiff to the defendant, and the content of the claim is determined by the claim of the plaintiff to the court. In the content, the plaintiff indicates the procedural form of judicial protection.

Introduction

The concept and meaning of a claim in civil proceedings

3 Problems of classification of claims

Types of claims in civil proceedings

1.1 Claims for recognition

1.2 Claims for award

1.3 Conversion lawsuits

2 Substantive classification of claims

Conclusion

Bibliography

Introduction

According to Art. 46 of the Constitution of the Russian Federation, everyone is guaranteed judicial protection of their rights and freedoms. This same right is confirmed by the provisions of Art. 3 of the Civil Procedure Code of the Russian Federation, which states that an interested person has the right, in the manner established by the legislation on civil proceedings, to go to court for the protection of violated or disputed rights, freedoms or legitimate interests, while the waiver of the right to go to court is invalid. The main form of such protection is the claim form of protection, which is directly carried out in the process of claim proceedings.

Claim proceedings are the activities of the court, regulated by civil procedural law and initiated by a lawsuit, to consider and resolve disputes about a subjective right or interest protected by law that arise from civil, family, labor relations of one of the parties in which the citizen is. Claim proceedings are the most important part of all civil proceedings in the Russian Federation and a procedural form of justice in civil cases. The means of initiating legal proceedings is a lawsuit.

A claim is an appeal by the plaintiff to the court with a request to consider and resolve a substantive dispute with the defendant and to protect a violated subjective right or legally protected interest. Currently, many controversial and problematic issues are associated with types of claims in civil proceedings. Thus, some authors say that there are as many claims as there are legal relations regulated by laws, and as many of them can be created by contracts. Other scholars argue that the classification of claims in civil proceedings is carried out only on strictly defined grounds.

1. The concept and meaning of a claim in civil proceedings

1.1 The concept of a claim in civil proceedings

The claim is one of the most controversial issues in legal literature. The most general definition is that a claim is understood as the claim of the plaintiff to the defendant for the protection of his right or legally protected interest, addressed through the court of first instance. A claim is a procedural means of protecting the interests of the plaintiff; the claim initiates legal proceedings, and the dispute is thereby referred to the court.

There are several basic concepts of the concept of a claim.

The term “claim” is one of the fundamental categories of the Russian legal system, but despite this, the definition of the concept of a claim does not contain either the Civil Procedure Code of the Russian Federation or other federal laws. This gap in the current legislation, in turn, is filled by the theory of civil procedural law, which, unfortunately, does not provide an unambiguous definition of the concept of “claim” as one of the most important legal concepts in civil proceedings. The problem of the concept of a claim has been and remains today one of the most controversial in the science of civil procedural law.

There are basically four concepts of the concept of a claim:

.substantive concept;

.procedural and legal concept;

.the concept of two independent legal concepts: a claim in the substantive sense and a claim in the procedural sense;

The concept of a single concept of a claim, which has two sides: material and procedural.

It seems appropriate to dwell on the analysis of only two concepts of the concept of a claim: substantive and procedural. Because, as G.L. rightly believes. Osokin, there are no fundamental differences between the concept of two independent legal concepts: a claim in the substantive sense and a claim in the procedural sense and the concept of a single concept of a claim, which has two sides: material and procedural, since two independent concepts of a claim are opposed to one consisting of two parts: substantive and procedural. Proponents of the substantive concept define the concept of “claim” as a substantive claim of the plaintiff against the defendant, considered by the court.

A.A. Dobrovolsky defined a claim as a specific controversial, substantive legal claim that arose in connection with a violation or challenge of a right. In his opinion, the substantive legal claim of the plaintiff against the defendant serves both “as a means of initiating the process and as the subject of the court’s activities, since the court considers the legality and validity of the plaintiff’s material claim against the defendant.”

The essence of the substantive concept is that the court satisfies the claim or refuses to satisfy it, depending on how justified the plaintiff’s claim to the defendant is.

In the theory of civil procedural law, many procedural scientists recognize the substantive concept as untenable.

We should agree with the point of view of G.L. Osokina, who believes that the definition of a claim as a substantive legal claim of the plaintiff against the defendant, addressed through the court, does not meet the requirement of unity and universality, and also does not fit well with other categories of claims. In her opinion, the concept of a claim in the substantive legal sense “... is devoid of practical meaning, since, having disagreed with the decision or determination of the court, the plaintiff or defendant appeals the actions of the court, and not the opposite party.” V.A. Ryazanovsky at one time noted that the substantive concept does not cover claims for recognition that do not have a substantive claim.

According to the procedural legal concept, the concept of a claim is revealed as “an appeal to the court of first instance with a demand for the protection of a controversial civil subjective right or an interest protected by law, i.e. applying for resolution of a dispute about civil law.”

Adherents of the procedural legal concept believe that the substantive legal claim of the plaintiff against the defendant does not play a significant role in defining the concept of a claim. The main representatives who defend this concept are such procedural scientists as N.T. Arapov, M.A. Vikut, V.M. Gordon, N.B. Zeider, V.P. Loginov, G.L. Osokina, V.M. Semenov, A.A. Ferenc-Sorotsky, K.S. Yudelson and a number of other theorists.

E.V. Vaskovsky connected the moment of filing a claim with the procedural consequence, which consists in the fact that “the case is given a legal course.”

According to M.A. Vikut, a claim is an appeal by an interested person to the court with a request to initiate proceedings in a case in order to protect a subjective right or an interest protected by law.

The definition of a claim as a demand for the protection of a violated or contested right or an interest protected by law makes it possible to formulate the essential features of the claim and the claim form of the process.

A claim as a demand for protection is always associated with a dispute about a right or legitimate interest. This means that the claim form is the form of any process for considering and resolving disputes about subjective rights and interests protected by law. In this regard, it is quite legitimate to raise the question of the existence of criminal and administrative claims. The procedure for considering cases of special proceedings is not a claim.

The existence of a dispute about a subjective right or an interest protected by law presupposes the existence of disputing subjects with opposing legal interests, i.e. sides
If there are two warring parties, protection in the strict sense of the word can be said if there is a third party that is not interested in the outcome of the dispute, and therefore an impartial party. In this regard, a claim is possible only where and when the subject obliged to resolve a dispute about a subjective right or interest is not connected with any of the disputing parties by any relations other than procedural ones, and therefore is completely independent of them: according to the Constitutional Court of the Russian Federation, the function of justice in any of its forms is separated from the function of the parties arguing before the court.

For this reason, a claim as a means of protecting subjective rights and interests is used only in courts of general jurisdiction, arbitration and arbitration courts. The procedure for considering legal cases in the CCC, other bodies, as well as in the administrative procedure is non-claim, therefore the use of a claim there is impossible.

The presence of disputing parties and a third person who is not interested in the outcome of the dispute presupposes competition and equal legal status of the competitors. It follows from this that the claim form of the process is an adversarial form. And, conversely, any adversarial form of process is a claim form.

However, in the theory of civil procedural law, there are other points of view of procedural scientists. According to O.V. Isaenkova, a claim as a means of protecting rights has not one task, but two. The first is to lead to the initiation of a process, the second is to obtain legal protection.

According to Part 1 of Art. 39 of the Code of Civil Procedure of the Russian Federation, the plaintiff has the right to change the basis or subject of the claim, increase or decrease the amount of the claim, or abandon the claim, the defendant has the right to admit the claim, the parties can end the case with an amicable agreement. According to adherents of the substantive legal concept, when the plaintiff waives the claim, he waives not his appeal to the court, but his claim against the defendant.

But no matter how the concept of a claim is defined, both jurists and the legislator agree on one thing: a claim exists where there is litigation. The filing of a claim serves as the basis for initiating a process. A claim is a single concept that has two sides: substantive and procedural. Both sides are in indissoluble unity.

There are opinions according to which the unified concept of a claim is denied. However, it is correct to assume the following: in order to talk about a claim, it is necessary that both of these requirements appear in inextricable unity, forming a single concept of a claim with two parties.

A claim should be considered a substantive legal claim of one person against another, arising from a controversial substantive relationship and based on certain legal acts, brought to court for consideration and resolution in a certain procedural order.

1.2 Elements of claim and their meaning

The elements of a claim are understood as such its components, which together determine the content of the claim as a requirement for the protection of a subjective right or an interest protected by law. The practical significance of the elements of a claim is that they serve as means of its individualization, that is, they allow one to distinguish one claim from another. A claim as a demand for protection consists of three elements: subject, basis, parties.

The subject of the claim is understood as a method of protecting a subjective right or legally protected interest. Methods for protecting rights and legitimate interests are enshrined in the norms of the Civil Code of the Russian Federation, the Housing Code of the Russian Federation, the IC of the Russian Federation and other legislative acts.

In accordance with Art. 12 of the Civil Code of the Russian Federation, the protection of civil rights is carried out through recognition; restoration of the situation that existed before the violation of the right; suppression of actions that violate the law; recognition of a contestable transaction as invalid; application of the consequences of invalidity of the transaction; awards to perform duties in kind; recovery of losses and penalties; compensation for moral damage; termination or change of legal relationship; invalidation of an act of a state body or local government body; non-application by the court of an act of a state body or local government body that contradicts the law. Protection of civil rights may also be carried out in other ways provided by law.

The next element of the claim is the basis. The cause of action is usually understood as those facts that justify the claim for the protection of a subjective right or interest. The basis of the claim includes only legal facts, i.e. facts with which the substantive law governing the controversial material legal relationship connects the emergence, change or termination of the subjective rights and legal obligations of its subjects, as well as facts of violation or challenge of subjective rights and interests.

Considering the basis of the claim as an element of its content, one should distinguish two parts in it: legal and factual. The need to distinguish, along with the factual basis, also the legal one is explained by the fact that the claim is a requirement for the protection of a right or legitimate interest. Therefore, before providing protection to a violated subjective right or interest protected by law, the court is obliged, during the trial of the case on the stated claim, to verify the existence of this right or interest and that it belongs to the person who brought or in whose interests the claim was brought.

Both parts of the cause of action: legal and factual - are interconnected and interdependent due to the fact that the facts of reality will have legal significance for a given specific case only if the substantive law governing the disputed legal relationship connects the emergence, change or termination with them controversial right or interest.

Another element of the claim is the parties. According to the fair remark of K.I. Komissarov, “the subject and basis of the claim acquire the necessary certainty only on the condition that we are talking about specific bearers of subjective rights and obligations.” This means that when determining the content of a claim, one cannot do without such an element as the parties.

This conclusion is confirmed by the norms of the Code of Civil Procedure of the Russian Federation, according to which claims are individualized according to three elements: subject, basis, parties.

The subject of the claim, as an element of its content, characterizes the claim from the point of view of what specifically requires, what the plaintiff seeks from the court. For example, the plaintiff asks the court to reinstate him at work and collect wages for the period of forced absence, or to terminate the sales contract and recover from the counterparty the losses incurred in connection with this, or to declare the transaction invalid.

In these cases, restoration, collection, termination, recognition are methods provided for by law to protect a violated right or legitimate interest.

The basis of the claim, as an element of its content, answers the question on the basis of what, i.e. what facts and law, the plaintiff asks for the protection of a subjective right or interest protected by law. The parties, as an element of the claim, disclose its contents from the point of view of who is seeking protection and in whose interests, and who is responsible for the claim.

Thus, the significance of the elements of the claim is that each of them is necessary, and together they are sufficient to individualize the claim, i.e., to determine its identity; resolving the issue of the possibility of changing the claim during its judicial consideration; determining the subject of evidence in the case; determining the composition of the persons participating in the case; determining the possibility of combining several claims in one proceeding.

1.3 Issues in classifying claims

The absence of a legally established concept of a claim, its amphibolism, manifested in the multiplicity of doctrinal definitions, has led to a lack of certainty in the number and names of types of claims, as well as to the fact that to date a unified classification of claims has not been created.

It should be noted that a comprehensive, generally accepted classification of claims has never existed, although attempts to create one took place back in the days of Ancient Rome. Modern experts in the field of Roman law count from several dozen to two hundred types of claims. M. Bartoszek approached the problem of identifying types of claims in Roman law most thoroughly. In his opinion, the Romans knew more than 60 types of general claims and more than 140 types of individual claims.

Based on the personality of the defendant, two types of claims were distinguished: actiones in rem (real claims) and actiones in personam (personal claims). Claims in rem were aimed at recognizing the right in relation to a certain thing, and the defendant in such a claim could be any person who violated the plaintiff’s right. Personal actions were aimed at fulfilling an obligation by a specific debtor.

According to their scope, claims were divided into three types: actiones rei persecutoriae (claims to restore the violated state of property rights.

In Roman law there were other two- and three-member classifications of claims, but they were not combined into a single system.

Of course, attempts to create a classification covering all types of claims in civil proceedings in modern Russia can only be welcomed, but it is unlikely that such a goal is fundamentally achievable today and will be achievable in the future. The fact is that a claim is a very complex and multifaceted phenomenon, therefore any complex classification will have a branched, multi-level nature. And as you know, the more complex a scheme or structure, the more criticism it causes due to the fact that it does not include any component of reality or the same component is classified on different grounds. And in general, the more complex and multifaceted the phenomenon of objective reality, the more difficult it is to “drive” it into the framework of any classification. One of the latest attempts is the work of N.K. Myasnikova.

However, before moving on to their analysis, it is worth mentioning another classification of claims that appeared relatively recently - according to the nature of the interests being protected. Its emergence is determined by the intensive development of the Russian economy, the active construction of civil society and the rule of law, which led to the constitution of new types and the active use of long-existing claims.

Within the framework of this classification there are:

) personal claims;

) claims in defense of public and state interests;

) claims to protect the rights of others;

) class actions;

) derivative claims.

There are active discussions in the scientific literature about this classification and regarding the names of certain types of claims within its framework.

A claim is an appeal by an interested person to the court with a request to initiate proceedings in a case in order to protect a subjective right or an interest protected by law, this is a means of protecting the right.

2. Types of claims in civil proceedings

1 Procedural and legal classification

2.1 Claims for recognition

Claims for recognition are claims, the subject of which is characterized by methods of defense associated with establishing the presence or absence of disputed rights or legitimate interests, that is, a disputed material legal relationship. They are also called institutive claims.

The main purpose of claims for recognition is to eliminate the controversial nature of the law. The very uncertainty of rights and obligations or their challenge, even if they have not yet been violated by action, gives rise to an interest in their protection through judicial establishment or recognition. Establishment actions are not aimed at awarding the defendant for execution, but are aimed at the preliminary establishment or official recognition of a legal relationship, which may still be followed by a claim for award. After filing a claim to recognize a person as the author of a work, another claim may be filed to recover remuneration for unlawful use and to recover damages.

The need to seek judicial protection may arise before a violation of a right.

The subject of a claim for recognition is a material legal relationship, and the legal relationship can act on the active side and on the passive side. That is why institutive claims were long ignored by Russian legislation, based on the idea of a close connection between substantive law and the process, which was built in relation only to enforcement claims.

The subject of a claim for recognition in most cases is the material legal relationship between the plaintiff and the defendant. However, the law allows claims for recognition, where the subject is the legal relationship between other persons, who in this case are co-defendants in the process.

Establishment claims can have positive or negative content. A claim for recognition aimed at confirming the existence of a right or any legal relationship is called a positive or affirmative claim for recognition. If the claim for recognition is aimed at confirming the absence of a legal relationship that the defendant claims, or to recognize it as invalid, then it is called a negative or negative claim for recognition.

Claims for recognition have the following characteristic features:

their purpose is to establish the presence or absence of an offense;

they are presented not in connection with an already committed violation of the law, but in order to prevent the violation;

a court decision on them does not lead to enforcement actions, although it has enforcement power.

The basis for claims for recognition are factual circumstances. In this case, the basis for a positive claim for recognition is the legal facts with which the plaintiff associates the emergence of a controversial legal relationship. Thus, the basis for the claim for recognition of the plaintiff’s right to use residential premises are the facts indicated by the plaintiff, with which he associates the emergence of the right to permanent use of living space under a residential lease agreement. The basis for a negative claim for recognition is formed by terminating facts, as a result of which the controversial legal relationship, according to the plaintiff, could not arise. Pointing out such shortcomings of the transaction means that in fact the composition necessary for the emergence of a relationship is absent; therefore, the legal relationship that is the subject of the dispute does not actually exist.

In a claim for recognition, the plaintiff is limited to a request for confirmation of the existence or absence of a legal relationship, without demanding the forced exercise of his civil subjective right.

The only goal of the plaintiff when filing claims for recognition is to achieve certainty of his subjective right and ensure its indisputability for the future. A court decision rendered on such a claim may be prejudicial to a subsequent conversion or award claim. When resolving subsequent claims, the court will proceed from the established fact of the existence of a legal relationship, the rights, and obligations of the parties arising from the legal relationship. Claims for recognition can be filed for preventive purposes to prevent violations of the rights of the plaintiff, to give stability to his legal status, in order to restore the violated rights of the plaintiff without warning the defendant to commit specific actions.

Claims for recognition as a means of protecting subjective rights are of great practical importance. Court decisions in these cases restore certainty of the rights and obligations of interested parties. Their implementation and protection are guaranteed, violations of the law are eliminated, and actions committed illegally are suppressed. Modern establishment of the invalidity of illegal transactions prevents damage to state and public interests. Recognition decisions have a preventive effect and serve as a means of combating violations of laws.

1.2 Claims for award

Claims for award are claims aimed at the enforcement of civil rights or, more precisely, at the recognition of claims arising from subjective civil rights as legitimate and subject to enforcement.

In them, the plaintiff asks the court to order the defendant to perform or refrain from performing a certain act. Since the plaintiff seeks that the defendant be awarded the performance of his duties, that is why these actions are called actions for award. And since a writ of execution is issued based on a court decision on this claim, they are also called enforcement or claims with enforcement force.

Enforcement claims are aimed at awarding a specific civil claim and therefore they are closely related to substantive rights-claims or claims in the substantive sense, being their procedural form and reflecting their legal nature. Claims for award are the most common type of claim today.

An appeal to the court for protection of rights in the form of an award is usually caused by the fact that the debtor disputes the right of the plaintiff without fulfilling his duties. This dispute is resolved by the court. Claims for award serve to enforce substantive obligations that are not performed voluntarily or are performed but not properly.

The subject of the claim for an award is the plaintiff’s right to demand certain behavior from the defendant in connection with the defendant’s failure to fulfill the corresponding obligation voluntarily.

The grounds for the claim for award are:

.law-producing facts with which the emergence of the law itself is associated;

.facts related to the emergence of the right of claim.

Claims for award contain very complex subject matter. In them, the plaintiff asks not only for recognition of the existence of his subjective substantive right, but also for the defendant to be ordered to fulfill his substantive legal obligations. By means of an award, the defendant is forced, against his will, to perform certain actions in favor of the plaintiff. Where necessary, the plaintiff's request is to oblige the defendant to refrain from actions that interfere with the exercise of the plaintiff's rights.

1.3 Conversion lawsuits

Transformative claims are claims aimed at creating, changing or terminating a legal relationship of a substantive nature. Usually, participants in civil transactions change and terminate their legal relations of their own free will without the participation of the court. However, in a number of cases directly provided for by law, such actions can only be performed under the supervision of a court. The interested party applies to the court with a transformative claim, and if it is satisfied, the court makes a constitutional decision. The participation of the court in this aspect of civil circulation still seems to be an exceptional phenomenon. Therefore, transformative claims can be brought when this is specifically provided for by law.

A court decision in such a case acts as a legal fact of substantive law, which changes the structure of the material legal relationship.

The subject of transformative claims are those material and legal relations that are subject to judicial transformation. The plaintiff has the right to terminate or change this material legal relationship by unilateral expression of will.

In the case of a rightful claim, the court, by its decision, creates a new right that did not exist before. In accordance with Art. 274 of the Civil Code of the Russian Federation, a person whose land plot has any deficiencies has the right to demand from the owner of the neighboring plot the establishment of an appropriate easement. If the neighbors do not reach agreement on the claim of the interested person, the easement is established by the court. It should be emphasized here the differences between a rightful claim and a claim for recognition. One request by an interested party to his neighbor does not give rise to an easement in the event of failure to reach agreement. Easement relations are created either by their agreement, registered in the prescribed manner, or by a legally prejudicial court decision. Without an appropriate court decision, an easement cannot arise, whereas in establishing claims a right can arise before and outside a court decision: copyright arises from the fact of the creation of a work by the author, parental legal relations arise from the fact of the child’s origin from these parents, and the court only officially recognizes these rights . A court decision on these claims acts as a legal fact of a substantive nature; in legal claims, it is a legal fact.

In the case of a law-altering claim, the court decision somewhat changes the material legal relations of the parties. And here, if there is a dispute, only a court decision can change the legal relationship.

In a termination claim, a court decision terminates the relationship of the parties for the future. The parties to a relationship cannot, in some cases, terminate these relationships themselves; they are terminated for the future at the request of an interested party only by a court decision. If spouses have common minor children, marriage in accordance with Art. 21 of the Family Code of the Russian Federation can be terminated only in court. Without an appropriate court decision, divorce by mutual consent by the spouses themselves is practically impossible. Similarly, deprivation of parental rights is possible only in court. A claim for deprivation of parental rights is a termination claim. A court decision on deprivation of parental rights is a legal fact of a substantive nature, entailing the termination of parental legal relations.

The basis of a conversion claim varies depending on its subtype. In transformative claims aimed at creating rights - legal-producing facts; in transformative claims for the destruction of legal relations - legal termination facts; in transformative claims for changing legal relations - law-terminating and law-producing facts together, since a change in a legal relationship can be considered as the termination of an existing relationship and the emergence of a new one.

Transformational claims are identified as a separate type of claims by a number of prominent scientists (M.A. Gurvich, K.I. Komissarov), although many legal scholars disputed this point of view (A.A. Dobrovolsky, A.F. Kleinman). The authors who object to the allocation of transformative claims believe that the court by its nature can protect the right, but cannot establish a new right, transform or terminate its existence. They believe that the court makes a decision on the basis of certain pre-procedural legal facts that arose and took place before going to court. However, they do not take into account that according to the law, for example, the allocation of a share is carried out in the event of a dispute on the basis of a court decision. The court decision in this case acts as a legal fact of substantive law, thereby concluding a complex factual composition.

The essence of the objection to transformative claims can be boiled down to the fact that the court is called upon to protect existing rights, and not to change legal relations. It should be taken into account that the court needs to establish many facts and circumstances, as well as specify the factual composition and give legal significance to certain facts, for example, interpreting various evaluative concepts on the basis of the evidence presented. In all such cases, the claim and the court decision are transformative in nature, and the court decision acts as a legal fact of substantive law, objectifying in itself the entire result of previous judicial activity.

2.2 Substantive classification of claims

The classification of claims according to substantive grounds allows us to distinguish claims into separate categories of substantive relations within the branches and sub-sectors of Russian law, i.e. claims arising from civil legal relations are called civil claims, from family legal relations - family, from labor - labor, from housing - housing, etc.

In turn, these types of claims can be divided into subtypes. For example, claims from civil legal relations are divided into claims from obligatory legal relations, from non-contractual harm, from copyright, invention, inheritance law, etc.; claims from legal obligations, in turn, are divided into claims from contracts of sale, donation, exchange, rent, storage, etc. Thus, the classification of claims on a substantive basis can be quite detailed and in-depth.

The substantive and legal classification of claims has not so much scientific as applied significance: it is a simple list of claims, without any attempt to group them according to certain criteria. This is due to the fact that the generalization of judicial practice materials is carried out for certain categories of civil cases, which is very convenient for law enforcement officers.

The practical significance of this classification of claims is as follows:

firstly, it underlies judicial statistics, and by the number of certain cases in the courts, the increase or decrease in their number, one can trace the state of specific social processes;

secondly, on its basis, judicial practice is summarized in certain categories of civil cases, decisions of the Plenum of the Supreme Court of the Russian Federation are adopted;

thirdly, the substantive classification of claims forms the basis for many scientific and applied studies on the peculiarities of judicial proceedings in certain categories of civil cases.

A.A. Demichev proposes to highlight its positive variety within the framework of the substantive legal classification of claims.

Based on an analysis of the Code of Civil Procedure of the Russian Federation, he identifies the following types of claims:

) claims for alimony and paternity;

) claims for divorce;

) claims for compensation for damage caused by injury, other damage to health or as a result of the death of the breadwinner;

) claims for restoration of labor rights;

) claims for restoration of pension rights;

) claims for restoration of housing rights;

) consumer protection claims;

) claims for compensation for losses caused by collisions of ships, recovery of remuneration for assistance and rescue at sea;

) claims arising from contracts that indicate the place of their execution;

) claims for rights to land plots, subsoil plots, isolated water bodies, forests, perennial plantings, buildings, including residential and non-residential premises, structures, structures, and other objects firmly connected to the land, as well as for the release of property from seizure;

) claims of the testator's creditors brought before the heirs accept the inheritance;

) claims against carriers arising from contracts of carriage;

) a civil claim arising from a criminal case.

Although this approach is not entirely scientific, and such a classification is just a list of claims known in practice and legislation, it has found some recognition among specialists, since only this list is reflected in the law. The substantive and legal classification of claims makes it possible to correctly determine the direction and scope of judicial protection, the jurisdiction of the dispute and its subject composition, as well as to identify the specific procedural features of a particular dispute.

Due to the great practical importance of the substantive classification of claims, quite a lot of scientific and reference literature on the methods of conducting cases in court and evidence is published on its basis.

3 Classification of claims by the nature of the interests being protected

The emergence of new private law methods of protection allows us to raise the question of the need to classify claims according to the nature of the interests being protected, namely:

personal claims;

claims in defense of public and state interests;

claims to protect the rights of others;

class actions;

derivative claims.

The basis for classification is the question of the beneficiary of the relevant claim, i.e. a person whose rights and interests are protected in court. Depending on the type of claim, according to the criterion of the nature of the protected interest, it is possible to highlight the features of the procedural rules associated with the initiation of the case, the concept of proper parties, the content of the court decision, its execution, etc.

Personal claims are aimed at protecting the plaintiff’s own interests when the plaintiff is a participant in a controversial material legal relationship and a direct beneficiary of a court decision. Personal claims are the basis for the consideration of a significant number of civil cases assigned to judicial jurisdiction.

Claims in defense of public and state interests are aimed mainly at protecting the property rights of the state or the interests of society when it is impossible to identify a specific beneficiary, for example, claims by a prosecutor or authorized executive authorities to invalidate a privatization transaction in the interests of the state. Here the beneficiary is the state or society as a whole.

Claims in defense of the rights of others are aimed at protecting not the plaintiff himself, but other persons when the plaintiff is authorized by law to bring proceedings on their behalf.

Of greatest interest in the proposed classification are two new types of claims - class actions and indirect claims.

Class actions are aimed at protecting the interests of a large group of people, the personal composition of which is unknown at the time the case is initiated. The class action model takes into account the possible large number of victims on the plaintiff's side, making it easier to resolve these types of cases.

The rationale behind class actions is that:

firstly, they make it economically feasible to process many small claims for small amounts;

secondly, they save judges’ time, since they allow them to consider a lot of similar claims in one process, most fully identify the circle of victims and equalize their chances of receiving compensation when executing a court decision;

third, plaintiffs' attorneys are paid only if they obtain damages from class members;

fourthly, a social effect is also achieved, since both public interest and private law interests are simultaneously protected.

It should be borne in mind that a class action lawsuit is a complex category and is, in turn, divided into a number of varieties. In particular, according to the degree of certainty, a large group is divided into certain class actions and indefinite class actions related to the protection of an indefinite number of persons. It is their latter variety that has become widespread in Russian legislation and is enshrined in Art. 46 Code of Civil Procedure. At the same time, the possibility of protecting an indefinite number of persons under Art. 46 of the Code of Civil Procedure is associated with the presence of special instructions in the law. In this case, we mean procedural rules dispersed in a variety of federal laws in recent years.

Derivative claims are a new way of private law protection of the rights of shareholders, participants and founders of business companies, as well as the companies themselves.

This type of claim has long been known to the law of many developed countries and reflects the possibility of coercion on the part of a company or a group of its shareholders to a certain behavior of the company’s managers, thereby resolving conflicts between the owners of the company and its managers. The concept of an indirect claim originates from the practice of the English highway, i.e. trust management of someone else's property. After all, the duties of the directors of a company or corporation come from the principle of tras - management of other people's property, the funds of its owner-shareholders. Since managers manage other people's property, they have a so-called fiduciary responsibility, managers must act most effectively in the interests of the corporation, and ultimately the shareholders, treating the performance of their duties with “due care.” Indirect claims arose due to the fact that as the shares were “scattered” among many shareholders, the figure of the sole owner of the corporation disappeared, management was concentrated in the hands of managers, who sometimes acted in their own interests, and not in the interests of the shareholders who hired them. Such conflicts of interest became the root cause of the emergence of indirect claims as a legal means of influence of certain groups of shareholders on corporate managers.

Indirect claims occupy a special place in the system of legal defense of rights. In an indirect claim, if it is satisfied, the direct beneficiary is the company itself, in whose favor the award is recovered. The benefit of the shareholders themselves is indirect, since they personally do not receive anything in their favor, with the exception of compensation from the defendant for the legal expenses incurred by them in the case if the case is won.

General features of an indirect claim contained in Art. 57 Civil Code are as follows:

Firstly, the subjective composition of the participants in these relations is determined both in substantive and procedural law. On the one hand, the substantive claim belongs to a legal entity, and the obligated entity that must compensate for losses is a person acting on behalf of the legal entity.

Secondly, the norm of paragraph 3 of Art. 53 of the Civil Code in terms of determining the appropriate defendants is referential in nature, since the circle of persons entitled to act on behalf of a legal entity is indicated in the law or constituent documents. Therefore, it is necessary to analyze, first of all, the provisions of federal laws, as well as constituent documents, in order to identify authorized persons who are granted the right to act on behalf of legal entities.

Thirdly, the nature of the claim is determined, which consists of compensation for losses caused by managers to a legal entity. Any other demands, for example, to terminate a transaction, can be presented only taking into account the provisions of the current legislation, since recognition as proper plaintiffs for these requirements of shareholders and participants of an LLC, members of cooperatives and other persons is associated with compliance with the rules of paragraph 2 of Art. 166 Civil Code.

Fourthly, in paragraph 3 of Art. 56 of the Civil Code defines the limits of liability of persons acting on behalf of legal entities, namely if they are not exempt from compensation for losses by law or contract. Thus, in this part, this provision of paragraph 3 of Art. 56 of the Civil Code is also of a referential nature.

A brief description of the new grounds for classifying claims according to the nature of the interests being protected and, in this regard, highlighting class and indirect claims as an independent object of legal analysis shows the need for further development of private law methods of protection in the field of civil turnover. If a significant part of the problems of protecting rights moves from the sphere of public law to the sphere of private law, then procedural legislation should provide legal mechanisms that provide interested parties with the necessary legal tools for this.

Conclusion

A claim is an institution of procedural law - a demand of an interested person addressed to the court, arising from a controversial legal relationship, to protect one’s own or someone else’s right, or an interest protected by law, subject to consideration and resolution in the manner prescribed by law.

In practice, there are several types of classification of claims. One of them is a substantive classification; its criterion is the nature of the controversial material legal relationship. The classification of claims based on material and legal grounds is quite detailed and in-depth.

Traditional in the theory of procedural law is the classification of claims according to procedural criteria, which are the procedural goal, the subject of the claim, and the method of defense. Depending on the subject of the dispute, claims are divided into claims for recognition, award, and transformation.

The correct classification of claims in civil proceedings is quite significant both in the civil process itself and already in the implementation of court decisions on claims.

legal proceedings claim legal procedural

Bibliography

Regulations

"The Constitution of the Russian Federation" (adopted by popular vote on December 12, 1993) (taking into account amendments introduced by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation dated December 30, 2008 N 6-FKZ, dated December 30, 2008 N 7-FKZ, dated February 5, 2014 N 2-FKZ, dated July 21, 2014 N 11-FKZ)

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Myasnikova, N.K. Types of claims in civil proceedings. Tutorial. - Saratov: Publishing house Sarat. state acad. Rights. - 2010. - 92 p.

Samples of statements and complaints to the court: a practical guide / ed. A.R. Kunitsyna, - M.: KnoRus . - 2010. - 296 p.

Osokina, G.L. Civil process. General part / G.L. Osokina. - 2nd ed., revised. - M.: Norma, 2010. - P. 655

Osokina, G.L. Problems of claim and right to claim. - Tomsk, 2010.

Pytalev, R. Civil claim in criminal proceedings: presentation, proof, consideration. - M.: Amalthea. - 2010. - p. 15-21

Reshetnikova, I.V., Yarkov, V.V. Civil process: Textbook for students / I.V. Reshetnikova, V.V. Yarkov. - M.: Norma. - 2013. - 336 p.

Roman private law: / Ed. I.B. Novitsky, I.S. Peretersky. M.: Yurayt, 2011. - 608 p.

Ryazanovsky, V.A. Unity of the process. Monograph / M.: Yur. Bureau "Gorodets" - 2012. - 76 p.

Treushnikov, M.K. Civil process: Textbook for legal. universities - M.: UNITY-DANA, 2011. - 574 p.

29. Rozhkova, M.A. Transformative claims // Legislation. - No. 3. - 2011. - p. 46-47.

Arbitrage practice

Resolution of the Constitutional Court of the Russian Federation of January 23, 2007 No. 1-P “In the case of verifying the constitutionality of the provisions of paragraph 1 of Article 779 and paragraph 1 of Article 781 of the Civil Code of the Russian Federation in connection with complaints from the limited liability company “Corporate Security Agency” and citizen B .IN. Makeeva" // Northwestern Russian Federation. 2007. No. 6. Art. 828.

Resolution of the Federal Antimonopoly Service of the East Siberian District dated November 16, 2011 in case No. A10-5046/2009 “On recognition of ownership rights to unfinished real estate.”

Resolution of the Federal Antimonopoly Service of the East Siberian District dated September 28, 2011 in case No. A58-4020/10 “On invalidating a construction contract and applying the consequences of its invalidity.”

Resolution of the Federal Antimonopoly Service of the West Siberian District dated October 07, 2011 in case No. A45-21233/2010 “On reclaiming property from someone else’s illegal possession.”

Resolution of the Federal Antimonopoly Service of the East Siberian District dated November 3, 2011 in case No. A78-407/2011 “On changing the terms of the land lease agreement.”

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