Jurisdiction article of the Civil Code. Jurisdiction and jurisdiction of civil cases under the Civil Code


Article 29. Jurisdiction at the choice of the plaintiff

1. A claim against a defendant whose place of residence is unknown or who does not have a place of residence in the Russian Federation may be brought to court at the location of his property or at his last known place of residence in the Russian Federation.

2. A claim against an organization arising from the activities of its branch or representative office may also be filed in court at the location of its branch or representative office.

3. Claims for the collection of alimony and for establishing paternity may also be brought by the plaintiff to the court at the place of his residence.

4. Claims for divorce may also be brought to the court at the place of residence of the plaintiff in cases where there is a minor with him or, for health reasons, it is difficult for the plaintiff to travel to the place of residence of the defendant.

5. Claims for compensation for damage caused by injury, other damage to health or as a result of the death of the breadwinner may also be brought by the plaintiff to the court at the place of his residence or the place where the damage was caused.

6. Claims for the restoration of pension and housing rights, return of property or its value related to compensation for losses caused to a citizen illegal conviction, illegal attraction to criminal liability, illegal use as a preventive measure of detention, recognizance not to leave, or illegal imposition administrative punishment in the form of an arrest, may also be presented to the court at the place of residence of the plaintiff.

6.1. Claims for the protection of the rights of the subject of personal data, including compensation for losses and (or) compensation for moral damage, may also be brought to the court at the plaintiff’s place of residence.

6.2. Claims for termination of issuance by the operator search engine links allowing access to information on the Internet information and telecommunications network may also be presented to the court at the plaintiff’s place of residence.

6.3. Claims for restoration labor rights may also be presented to the court at the plaintiff’s place of residence.

7. Claims for the protection of consumer rights may also be brought to the court at the place of residence or place of stay of the plaintiff or at the place of conclusion or place of execution of the contract.

8. Claims for compensation for losses caused by collision of ships, recovery wages and other amounts due to members of the ship's crew for work on board the ship, repatriation costs and contributions to social insurance, collection of remuneration for assistance and rescue at sea may also be brought to court at the location of the defendant’s ship or the ship’s home port.

9. Claims arising from contracts, including labor contracts, which indicate the place of their execution, may also be brought to the court at the place of execution of such agreement.

10. Choice between several courts, which, according to this article the jurisdiction of the case belongs to the plaintiff.

1. Courts consider and resolve:

1) lawsuits involving citizens, organizations, bodies state power, organs local government on the protection of violated or disputed rights, freedoms and legitimate interests, on disputes arising from civil, family, labor, housing, land, environmental and other legal relations;

2) cases on the requirements specified in Article 122 of this Code, resolved in the order of writ proceedings;

4) affairs special production specified in Article 262 of this Code;

5) cases of challenging decisions arbitration courts and on the issuance of writs of execution for enforcement decisions of arbitration courts;

6) cases on recognition and enforcement of decisions of foreign courts and foreign arbitration awards;

7) cases of assistance to arbitration courts in cases provided for by federal law.

2. Courts consider and resolve cases involving foreign citizens, stateless persons, foreign organizations, organizations with foreign investment, international organizations.

3. Courts consider and resolve cases provided for in parts first and second of this article, with the exception of economic disputes and other cases classified as federal constitutional law and federal law to the jurisdiction of arbitration courts.

4. When applying to the court with an application containing several interrelated demands, some of which are within the jurisdiction of the court general jurisdiction, others - to the arbitration court, if separation of claims is impossible, the case is subject to consideration and resolution in a court of general jurisdiction.

If it is possible to separate claims, the judge issues a ruling on accepting claims within the jurisdiction of a court of general jurisdiction and refusing to accept claims within the jurisdiction of an arbitration court.

Article 22.1 of the Code of Civil Procedure of the Russian Federation - Disputes subject to referral to arbitration

1. Disputes arising from civil relations, subordinate to the courts in accordance with this Code, may be submitted by the parties to an arbitration tribunal if there is a dispute between the parties to a valid arbitration agreement, unless otherwise provided by federal law.

2. The following cannot be submitted to the arbitration court for consideration by the courts under jurisdiction in accordance with this Code:

1) disputes provided for in paragraph 4 of part one of Article 22 of this Code;

2) disputes arising from family relations, including disputes arising from the relationship between guardians and trustees of the ward’s property, with the exception of cases regarding the division of jointly acquired property between spouses;

3) disputes arising from labor relations;

4) disputes arising from inheritance relations;

5) disputes arising from relationships, regulated by law Russian Federation on the privatization of state and municipal property;

6) disputes arising from relations regulated by the legislation of the Russian Federation on contract system in the field of procurement of goods, works, services to meet state and municipal needs;

7) disputes regarding compensation for harm caused to life and health;

8) disputes regarding the eviction of citizens from residential premises;

9) disputes arising from relations related to compensation for damage caused to the environment;

10) other disputes in cases directly provided for by federal law.

3. Disputes between a participant of a legal entity and the legal entity itself and disputes regarding claims of participants of a legal entity in connection with the legal relationship of a legal entity with a third party, if participants of a legal entity have the right to file such a claim in accordance with federal law, may be referred for consideration arbitration court in accordance with part four of this article only if it is a legal entity, all its participants, as well as other persons who are plaintiff or defendant in mentioned disputes, concluded arbitration agreement on transferring these disputes to arbitration.

4. The disputes specified in part three of this article may be considered by an arbitration court only if these disputes are referred to an arbitration court with the place of arbitration on the territory of the Russian Federation, administered by a permanent arbitration institution that has approved and published special rules resolution of corporate disputes in the manner prescribed by federal law.

Article 23 of the Code of Civil Procedure of the Russian Federation - Civil cases within the jurisdiction of the magistrate

1. The magistrate considers as a court of first instance:

1) cases of issuing a court order;

2) cases of divorce, if there is no dispute about children between the spouses;

3) cases of division of jointly acquired property between spouses with a claim price not exceeding fifty thousand rubles;

4) other arising from family legal relations cases, with the exception of cases of challenging paternity (maternity), establishing paternity, deprivation parental rights, on restriction of parental rights, on the adoption of a child, other cases on disputes about children and cases on declaring marriage invalid;

5) cases on property disputes, with the exception of cases on inheritance of property and cases arising from relations on the creation and use of results intellectual activity, with a claim price not exceeding fifty thousand rubles;

6) has become invalid. — Federal Law of July 22, 2008 N 147-FZ;

7) cases on determining the procedure for using property.

2. Federal laws Other cases may also fall under the jurisdiction of magistrates.

3. When combining several related claims, changing the subject of the claim or filing a counterclaim, if the new claims become subject to the jurisdiction of the district court, while others remain subject to the jurisdiction of the magistrate, all claims are subject to consideration in the district court. In this case, if the jurisdiction of the case has changed during its consideration by the magistrate, the magistrate makes a ruling to transfer the case to district court and transfers the case to the district court.

4. Disputes between the magistrate and the district court regarding jurisdiction are not allowed.

Article 24 of the Code of Civil Procedure of the Russian Federation - Civil cases within the jurisdiction of the district court

Civil cases within the jurisdiction of the courts, with the exception of cases provided for in articles 23, 25, 26 and 27 of this Code are considered by the district court as a court of first instance.

Article 25 of the Code of Civil Procedure of the Russian Federation - Civil cases within the jurisdiction of military courts and other specialized courts

In cases provided for by federal constitutional law, civil cases are considered by military and other specialized courts.

Article 26 of the Code of Civil Procedure of the Russian Federation - Civil cases within the jurisdiction of the supreme court of the republic, the regional, regional court, the court of a federal city, the court of an autonomous region and the court of an autonomous district

1. Supreme court of the republic, regional, regional court, city court federal significance, court autonomous region and court Autonomous Okrug consider civil cases as a court of first instance:

1) related to state secrets;

9) provided for by Chapter 45 of this Code.

2. Federal laws fall under the jurisdiction of the supreme court of the republic, regional, regional court, the court of a federal city, the court of an autonomous region and the court of an autonomous district may also include other cases.

3. The Moscow City Court considers, as a court of first instance, civil cases that are related to the protection of copyrights and (or) related rights, except for the rights to photographic works and works obtained by methods similar to photography in information and telecommunication networks, including the Internet, and for which they have accepted preliminary interim measures in accordance with Article 144.1 of this Code. If the Moscow City Court considers a case in which proceedings were initiated at the plaintiff’s claim after entering into legal force decision made by the same court in favor of the same plaintiff in another case on the protection of copyright and (or) related rights in information and telecommunication networks, including the Internet, the Moscow City Court also resolves the issue of permanently restricting access to the site on the Internet, on which information containing objects of copyright and (or) related rights, or information necessary to obtain them using information and telecommunication networks, including the Internet, was repeatedly and unlawfully posted.

Article 27 of the Code of Civil Procedure of the Russian Federation - Cases within the jurisdiction of the Supreme Court of the Russian Federation

The jurisdiction of cases by the Supreme Court of the Russian Federation is determined by the Federal Constitutional Law of February 5, 2014 N 3-FKZ “On Supreme Court Russian Federation".

Article 28 of the Code of Civil Procedure of the Russian Federation - Filing a claim at the place of residence or location of the defendant

The claim is brought to the court at the place of residence of the defendant. A claim against an organization is filed in court at the location of the organization.

Article 29 of the Code of Civil Procedure of the Russian Federation - Jurisdiction at the choice of the plaintiff

1. A claim against a defendant whose place of residence is unknown or who does not have a place of residence in the Russian Federation may be brought to court at the location of his property or at his last known place of residence in the Russian Federation.

2. A claim against an organization arising from the activities of its branch or representative office may also be filed in court at the location of its branch or representative office.

3. Claims for the collection of alimony and for establishing paternity may also be brought by the plaintiff to the court at the place of his residence.

4. Claims for divorce may also be brought to the court at the place of residence of the plaintiff in cases where there is a minor with him or, for health reasons, it is difficult for the plaintiff to travel to the place of residence of the defendant.

5. Claims for compensation for damage caused by injury, other damage to health or as a result of the death of the breadwinner may also be brought by the plaintiff to the court at the place of his residence or the place where the damage was caused.

6. Claims for the restoration of pension and housing rights, return of property or its value, related to compensation for losses caused to a citizen by illegal conviction, illegal criminal prosecution, illegal use of detention as a preventive measure, recognizance not to leave, or illegal imposition of administrative punishment in the form of an arrest, may also be presented to the court at the place of residence of the plaintiff.

6.1. Claims for the protection of the rights of the subject of personal data, including compensation for losses and (or) compensation for moral damage, may also be brought to the court at the plaintiff’s place of residence.

6.2. Claims to stop the search engine operator from issuing links allowing access to information on the Internet information and telecommunications network may also be brought to the court at the plaintiff’s place of residence.

6.3. Claims for restoration of labor rights may also be brought to the court at the plaintiff’s place of residence.

7. Claims for the protection of consumer rights may also be brought to the court at the place of residence or place of stay of the plaintiff or at the place of conclusion or place of execution of the contract.

8. Claims for compensation for losses caused by collisions of ships, recovery of wages and other amounts due to ship crew members for work on board the ship, repatriation costs and social insurance contributions, collection of remuneration for providing assistance and rescue at sea may also be brought in the court at the location of the defendant's ship or the ship's home port.

9. Claims arising from contracts, including labor contracts, which indicate the place of their execution, may also be brought to the court at the place of execution of such agreement.

10. The choice between several courts, which, according to this article, has jurisdiction over the case, belongs to the plaintiff.

Article 30 of the Code of Civil Procedure of the Russian Federation - Exclusive jurisdiction

1. Claims for rights to land, subsoil areas, buildings, including residential and non-residential premises, buildings, structures, and other objects firmly connected to the land, as well as the release of property from seizure, are presented to the court at the location of these objects or seized property.

2. Claims of the testator's creditors, brought before the acceptance of the inheritance by the heirs, are subject to the jurisdiction of the court at the place where the inheritance was opened.

3. Claims against carriers arising from contracts of carriage are filed in court at the location of the carrier to which in the prescribed manner a claim was made.

Article 30.1 of the Code of Civil Procedure of the Russian Federation - Jurisdiction of cases related to the implementation by courts of the functions of assistance and control in relation to arbitration courts

1. Application for cancellation of decisions of arbitration courts and international commercial arbitrations adopted on the territory of the Russian Federation, is submitted to the district court on the territory of which the arbitration court decision was made. By agreement of the parties arbitration proceedings An application to cancel an arbitration court decision may be filed with the district court at the location or place of residence of one of the parties to the arbitration proceedings.

2. Application for extradition writ of execution for the forced execution of decisions of arbitration courts and international commercial arbitrations adopted on the territory of the Russian Federation, it is filed with the district court at the location or place of residence of the debtor or, if his location or place of residence is unknown, at the location of the property of the debtor - a party to the arbitration proceedings. By agreement of the parties to the arbitration proceedings, an application for the issuance of a writ of execution for the forced execution of the arbitration court decision may be submitted to the district court in whose territory the arbitration court decision was made, or to the district court at the location or place of residence of the party to the arbitration proceedings in whose favor the decision was made arbitration court.

3. An application for the court to exercise assistance functions in relation to the arbitration courts specified in part two of Article 427.1 of this Code is submitted to the district court at the place where the relevant arbitration proceedings are held.

Article 31 of the Code of Civil Procedure of the Russian Federation - Jurisdiction of several related cases

1. Claim against several defendants living or located in different places, is presented to the court at the place of residence or location of one of the defendants at the choice of the plaintiff.

2. A counterclaim is filed in court at the place where the original claim was considered.

3. Civil action, arising from a criminal case, if it was not presented or was not resolved during the proceedings of the criminal case, is presented for consideration in accordance with the procedure civil proceedings according to the rules of jurisdiction established by this Code.

Article 32 of the Code of Civil Procedure of the Russian Federation - Contractual jurisdiction

The parties may, by agreement among themselves, change the territorial jurisdiction for a given case before the court accepts it for its proceedings. Jurisdiction, established by the articles 26, 27 and 30 of this Code cannot be changed by agreement of the parties.

Article 33 of the Code of Civil Procedure of the Russian Federation - Transfer of a case accepted by the court for its proceedings to another court

1. Case, accepted by the court to its proceedings in compliance with the rules of jurisdiction, must be allowed by them on the merits, at least in the future it will become subject to the jurisdiction of another court.

2. The court transfers the case to another court if:

1) the defendant, whose place of residence or location was not previously known, will file a petition to transfer the case to the court at his place of residence or location;

2) both parties filed a motion to consider the case at the location of the majority of the evidence;

3) when considering a case in this court it turned out that it was accepted for proceedings in violation of the rules of jurisdiction;

4) after the recusal of one or more judges or for other reasons, replacement of judges or consideration of the case in this court becomes impossible. In this case, the transfer of the case is carried out by a higher court.

3. On the transfer of the case to another court or on the refusal to transfer the case to another court, a court ruling is issued, which can be filed private complaint. The transfer of the case to another court is carried out after the expiration of the period for appealing this ruling, and in the case of filing a complaint - after the court has issued a ruling to dismiss the complaint without satisfaction.

4. A case sent from one court to another must be accepted for consideration by the court to which it was sent. Disputes about jurisdiction between courts in the Russian Federation are not allowed.

Article 29. Jurisdiction at the choice of the plaintiff

  • checked today
  • code dated December 28, 2018
  • entered into force on 02/01/2003

There are no new articles that have not entered into force.

Compare with the edition of the article dated 01/01/2016 05/19/2013 02/18/2012 02/01/2003


Amendments to Art. 29 Code of Civil Procedure of the Russian Federation


Mentions of Art. 29 Code of Civil Procedure of the Russian Federation in legal consultations

  • RECALCULATION OF ALIMONY

    22.01.2016 the court initially awarded you alimony in shared proportions and you want to reach fixed amount. Obtain from the bailiff a decree on the calculation of alimony arrears. Part 1. Article 29 of the Code of Civil Procedure of the Russian Federation A claim against a defendant whose place of residence is unknown or who does not have a place of residence in the Russian Federation may be brought to court at the place

  • In which court can you file a claim for recovery of wages?

    02.08.2015 You have the right to demand opening claim proceedings at the place of execution of the contract, refer to clause 10 Article 29 of the Code of Civil Procedure of the Russian Federation. An area not specified in the contract is determined by address if Chistoozernaya Street is the only one in the city. If there are two or more streets with the same name, the index is used

  • To which court should the claim be sent? At the place of residence of the plaintiff or defendant?

    24.07.2015 Art. 28 of the Code of Civil Procedure of the Russian Federation), and at your place of residence, if you bought things through an online store for yourself, and not for business activities. In accordance with Part 7 Art. 29 Code of Civil Procedure of the Russian Federation Claims for the protection of consumer rights can also be brought to the court at the place of residence or place of stay of the plaintiff, or at the place of imprisonment or place of execution

  • divorce at the plaintiff's place of residence

    21.12.2014 Good day, Natalia. The rules of jurisdiction are established by the Code of Civil Procedure of the Russian Federation. In your case, when filing a claim, you need to refer to Part 4 Art. 29 Code of Civil Procedure of the Russian Federation. 4. Claims for divorce may also be brought to the court at the place of residence of the plaintiff in cases where there is a minor with him or due to the state


  • 08.08.2014 That is, claims for the restoration of labor rights apply to all categories of citizens. This conclusion follows from a literal interpretation of the law. As you correctly indicated in paragraph 6 Art. 29 Code of Civil Procedure of the Russian Federation indicated: 6. Claims for restoration of labor, pension and housing rights, return of property or its value related to compensation for losses caused

  • Application of Article 29 paragraph 6. Code of Civil Procedure of the Russian Federation

    08.08.2014 Good afternoon, Alexander. According to clause 6 Article 29 of the Code of Civil Procedure of the Russian Federation, claims at the place of residence of the plaintiff can only be brought by persons subject to illegal arrests, detentions, subscription, etc. This clarification is provided by the commentary

  • Jurisdiction of a claim for restoration of violated labor rights of an employee

    20.05.2014 jurisdiction at the choice of the plaintiff. I will list all the options: 1. at the location of the branch or representative office of the organization (i.e., to the St. Petersburg branch of Cherkessk); part 2 Art. 29 Code of Civil Procedure of the Russian Federation 2. at the location of the organization (place of registration of the legal entity itself) Art. 28 Code of Civil Procedure of the Russian Federation 3. at your place of residence (i.e. where you are registered). Part 6.1 Art. 29 Code of Civil Procedure of the Russian Federation

    04.12.2013 Alexander. According to Article 28 of the Code of Civil Procedure of the Russian Federation, the claim is filed in court at the place of residence of the defendant. A claim against an organization is filed in court at the location of the organization. According to clause 2 Article 29 of the Code of Civil Procedure of the Russian Federation- A claim against an organization arising from the activities of its branch or representative office may also be brought to court at the location of its branch or representative office

  • collection of wages

    13.11.2013 a statement of claim to the court at your place of residence or at the location of the company (organization) of the employer, in accordance with the principle of alternative jurisdiction Art. 29 Code of Civil Procedure of the Russian Federation. Government duty is not appointed in such cases. Based on Art. 395 of the Civil Code of the Russian Federation to the demand for debt collection, you have the right to demand collection from the court

Question: We are filing a claim for debt collection under the contract. The location of the defendant is Moscow. Our company providing repair services Vehicle is located in Omsk. The execution of the contract for the repair of the defendant's vehicles actually took place in Omsk. But the contract does not indicate the place of execution of the contract, but indicates the place of its conclusion.

Is it possible in such a situation to file a claim with the Arbitration Court of the Omsk Region?

What are the consequences of filing a claim in violation of the rules of jurisdiction?

Answer:

By general rule, the claim is brought to the arbitration court of the constituent entity of the Russian Federation at the location or place of residence of the defendant ().

At the choice of the plaintiff, a claim arising from an agreement in which the place of its execution is indicated may also be brought to the arbitration court at the place of execution of the agreement ().

Thus, in order to select jurisdiction “at the place of execution of the contract,” it is necessary that the contract contains a condition specifically about the place of execution, and not about the place of conclusion of the contract.

Jurisdiction at the place of execution of the contract: judicial practice

In paragraph 3 newsletter Presidium of the Supreme Arbitration Court of the Russian Federation dated 07/09/2013 N 158 “Review of the practice of arbitration courts considering cases involving foreign persons"contains the following explanation:

"..Part 4 of Article 36 of the Arbitration Procedure Code of the Russian Federation provides that a claim arising from an agreement, which indicates the place of its execution, may be brought to the arbitration court at the place of execution of the agreement.

In the loan agreement concluded between the parties, it was established that its repayment should be carried out by transferring the defendant borrowed money and accrued interest on the plaintiff’s current account in a bank located in Moscow.

Under such circumstances, taking into account the stated norms of Russian procedural law, court appellate court concluded that this dispute should be considered in the Moscow Arbitration Court."

The Resolution of the Federal Antimonopoly Service of the West Siberian District dated April 30, 2014 in case No. A81-4966/2013 indicated that in order to be able to bring a claim at the place of execution of the contract, it is necessary direct instruction places of performance in the contract:

"..In accordance with Part 4 of Article 36 of the Arbitration Procedure Code of the Russian Federation, a claim arising from an agreement in which the place of its execution is indicated may also be brought to the arbitration court at the place of execution of the agreement.

From the meaning and interpretation of the indicated legal norm it follows that a claim for a dispute arising from an agreement can also be brought at the place of execution of such an agreement, which may not coincide with the location of the defendant, provided that the contract expressly indicates the place of its execution.

At the same time, as correctly noted by the courts, the subcontract agreement dated 02/03/2010 No. 4 does not indicate the place of its execution; it provides for obligations on both parties to the transaction, the execution of which can be carried out in different places.”

By next case, the court came to the conclusion that the plaintiff has the right to file a statement of claim, both at the location of the defendant and at the place of execution of the contract ( cm. full text: Resolution of the Twentieth Arbitration Court of Appeal dated May 19, 2016 No. 20AP-2574/2016 in case No. A09-1679/2016):

".. In the case under consideration, the implementation of the provisions of Part 4 of Article 36 of the Arbitration Procedure Code of the Russian Federation should be applied by determining the place of performance of duties by the party to the contract against whom the claim is brought, i.e. the defendant. In in this case the place of performance of the defendant’s duties is determined by the terms of the agreement (clause 2.1) in the city of Bryansk, indicating a specific land plot.

This approach in relation to controversial situation is also consistent with the position set out in paragraph 3 of the information letter of the Supreme Arbitration Court of the Russian Federation dated 07/09/2013 N 158 “Review of judicial practice on certain issues related to the consideration by arbitration courts of cases involving foreign persons.” Namely, the application of Part 4 of Art. 36 of the APC is determined by the place of fulfillment of the obligation, which is decisive for the content of the contract. The party that carries out the performance, which is of decisive importance for the content of the contract, is recognized as the party that is, in particular: the contractor - in the work contract; by the bank - in the contract bank deposit(deposit) and agreement bank account; the executor - in the contract paid provision services. Based on the subject of the agreement concluded by the parties, the place of fulfillment of the obligation, which is decisive for the content of the agreement, is the city of Bryansk (performing the functions of the customer-developer for design, organization of construction and technical supervision complex residential development of the microdistrict...).

Consequently, exercising the right to choose jurisdiction granted by the provisions of Art. 35 and part 4 art. 36 of the Arbitration Procedure Code of the Russian Federation, the plaintiff could file a claim both at the location of the defendant and at the place of execution of the contract, i.e. to the Arbitration Court of the Bryansk Region...)".

Consequences of filing a claim in violation of the rules of jurisdiction

If, even at the stage of accepting the claim, the court finds out that the case is not within its jurisdiction:

In this case, the court returns the statement of claim, which does not prevent filing this claim in accordance with the rules of jurisdiction (i.e. at the location or residence of the defendant):

Return of the statement of claim

1. The arbitration court returns the statement of claim if, when considering the issue of accepting the application, it establishes that:

1) the case is not within the jurisdiction of this arbitration court;

If the court accepted the claim for consideration, but then it turned out that the dispute is beyond jurisdiction:

In this case, the court no longer has the right to return the statement of claim. The court independently (and “at its own expense”) transfers the case with jurisdiction to another arbitration court:

Transferring a case from one arbitration court to another arbitration court

2. The arbitration court transfers the case to another arbitration court of the same level if:

3) when considering the case in court, it turned out that it was accepted for proceedings in violation of the rules of jurisdiction.

Real Civil Procedure Code of Russia regulates the relationship between the plaintiff and the defendant as follows - any claim against a person (or any other similar case), referred to as the defendant during the trial, is brought in court at the place where the property of this person is located in a situation where there is no information about where During the trial, the citizen actually lives. A claim can also be filed at the place of residence (according to documents, including a residence permit in the Russian Federation) about which law enforcement agencies have information.

Basic rules of jurisdiction

If an agreement between persons is impossible (or there is a difficult choice), then you will have to go to court. There is a big arbitrage practice similar cases. Essence legal nuances may be various procedures. It is important to respect the rights of all participants in the process (this can be done using what is called choice), because this is the law (rules).

Jurisdiction is:

  • Any claim against any organization is brought, including in court, at the exact address of any branch of the company - this is standard judicial practice. Typically, such claims arise from the type of activity that the organization is engaged in. This is also called a dispute;
  • Any statements of claim on the topic of collecting alimony for a minor or issues related to the definitive establishment of paternity of a minor can also be presented in an ordinary court by the applicant, it is necessary to know the place of residence;
  • In case of filing a claim regarding the dissolution of the marriage union, including the division of property, it is required to file such a claim for the last time in Russian court at the place where the plaintiff lives under the following circumstances:
  1. The applicant has a minor with him. The plaintiff is obliged to inform the court about this fact (read about the problems of litigation with an inappropriate plaintiff) His rights must be respected. Plaintiff in similar situation has a serious advantage. He also has a choice;
  2. Because of poor condition health, the plaintiff cannot independently get to the place of residence of the person who is on trial defendant. The plaintiff may also be disabled. In this case, he may not appear at the trial. This is his personal choice.
  • Any claims for compensation material damage, the consequence of which was the infliction of injury or any injury to the human body, which led to the loss of a breadwinner. In such a situation, especially if several people were injured, it is also permissible for the plaintiff to bring a claim in the place where the plaintiff lives or even in the place where the damage was caused. If this is unknown, then the process proceeds differently. This is what is called the law (rules). Choice allows you to find the most optimal solution;
  • Any claims regarding the restoration of labor rights, as well as housing or pension rights, however, the case of labor rights is more common, the return of property or payment of its price, which are associated with what is called compensation financial losses, caused to a person by wrongful conviction or involvement in the Criminal Code of Russia, illegal application of a recognizance not to leave or arrest for some time, can be presented to the court at the place of residence of the plaintiff. This should be planned in advance. Compensation is the most important part any legal process.

The basic rules of jurisdiction can be established as follows:

  • Any department that has judicial powers (judicial branch, practice), does not have the right to accept for consideration any court cases that are under the jurisdiction of another department, including the arbitration court;
  • Any decisions made by an incompetent agency are invalid;
  • All parties to the process have the right to demand the removal of the incompetent agency from resolving the case. All requirements can only be made by law (rules). This should be indicated in the application. The law (rules) are paramount in the legal process;
  • Jurisdiction implies a certain territorial character ( Russian Federation has different subjects with their own rules). The entire territory of Russia will be divided into judicial districts. An incident like this can happen anywhere;

In what cases can a plaintiff choose jurisdiction at law?

Jurisdiction at the choice of the plaintiff or alternative jurisdiction means that the process can be heard not only in the place where the defendant is located, but also in any other judicial body that is named in the law. This is alternative jurisdiction, that is alternative law(rules).

By law, this means that when a situation arises where several courts of the same level have jurisdiction over a case, the applicant chooses the venue for the trial. The choice in this matter can decide a lot. Jurisdiction may be of different nature. Jurisdiction is also expressed in various forms. The choice allows you to move the court to the territory of another subject of the Russian Federation.

Alternative jurisdiction expands the possibilities of justice. Alternative jurisdiction allows you to increase the level judicial system RF. This is an effective law (rules). The law that solves all problems. Alternative jurisdiction is a wonderful invention of Russian jurisprudence. Choice is one of the foundations of legal ethics.

Article 29 of the Code of Civil Procedure of the Russian Federation - jurisdiction at the choice of the plaintiff

Jurisdiction at the choice of the plaintiff () implies that the plaintiff has the opportunity to choose any Judicial authority within the limits indicated by the rules of jurisdiction, however, this also implies that he does not have the right to somehow change the legally established generic jurisdiction.

It all boils down to this: the applicant has the right to choose a court solely within the limits territorial jurisdiction. The plaintiff also has the opportunity to write a statement to the court within the clearly defined boundaries of the general rule on jurisdiction.

The number of rights the plaintiff has allows him to achieve the necessary decision if he has the means to do so. good reasons. These are the possibilities of using a document called Article 29 of the Code of Civil Procedure of the Russian Federation. This article allows you to solve many problems. It is also the key to solving all problems during the trial. It is the Code of Civil Procedure of the Russian Federation that determines the relationship between the plaintiff and the defendant.

Jurisdiction at the choice of the plaintiff in labor disputes

An employment contract is the most important document in such matters. An employment contract allows you to establish the format of relations between people if a dispute arises. Argument (like choice) is always a problem. Exactly employment contract allows us to resolve all emerging difficulties and disputes. Court decisions can only follow from the law. That's what it is judicial branch authorities. Dispute in similar case resolved easily and simply.

When any disputes arise with the employer, the plaintiff has the opportunity to file an application with the court at the legal address of the defendant. It is the plaintiff who begins the process. You also need an employment contract. An employment contract can solve many problems. It is the employment contract that may be needed in court if a dispute arises. Legal entities (organizations) are obliged to respond to the claim. A statement of claim against a legal entity can be filed at the place where any movable or real estate which must belong to the organization.

Compensation for moral damage - jurisdiction at the choice of the plaintiff

Sometimes situations of the following nature (dispute) arise: in connection with unauthorized or illegal actions physical or legal entities some kind of damage is caused. All citizens have the same number of rights, so they can demand compensation for damage. Reimbursement may have material character. Indemnity removes all claims from the plaintiff against the defendant.

Similar harm can occur moral character. It is characterized as causing mental suffering (corresponding to damage to health). That's what it is moral injury. IN legal practice this may be called causing harm that affected the health of a citizen or a decrease in the level of ability to work (moral damage). Such claims are also filed at the place of residence of the person who filed the application (applicant), who has the right to demand compensation for damage.

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