Rules for filing a civil claim. Civil claim in criminal proceedings

Innings statement of claim to court — legal procedure, which requires the plaintiff to strictly comply with the Code of Civil Procedure. To find out the rules filing a claim in court, we recommend that you read this article.

How to file a claim in court?

Who is applying?

File a claim in judiciary citizens can by personal appeal or through their representatives. The person performing the duties of filing a claim on the basis of a power of attorney must have with him documentation confirming his identity and status as a representative.

IMPORTANT! As a rule, to consolidate the powers of a representative in a power of attorney, a general wording is sufficient, for example, “representation of the principal in the courts of all instances,” but by virtue of Art. 54 Code of Civil Procedure of the Russian Federation separate procedural actions require special fastening. In particular, the rule requires that such powers trustee, as the right to sign a claim, present a counterclaim or waive claims(both full and partial) were specified separately.

Where should applications be submitted?

The application must be filed by the plaintiff in accordance with the requirements of jurisdiction and jurisdiction. In Chapter 3 of the Code of Civil Procedure of the Russian Federation, citizens can familiarize themselves with the rules of jurisdiction of cases, as well as clarify the jurisdiction of a particular case to a particular court (magistrate).

If a citizen files a claim against a defendant - an individual, then it must be presented to the court at the defendant’s place of residence.

If the defendant does not live in the Russian Federation or his place of residence is not known to the plaintiff, then he has the right to apply to the court:

• at the location of the defendant’s property;
• By last place residence of the defendant.

In the event of filing a claim regarding legal entity You should contact the judicial authorities located at the location of the defendant organization.

If a claim is filed against a representative office or branch of a legal entity, then the paper is submitted to the court at the location of such branch.

If the parties discussed in advance the issue of jurisdiction within the framework of the concluded agreement, then according to Art. 32 of the Code of Civil Procedure of the Russian Federation, they should be guided by the norms territorial jurisdiction enshrined in the agreement.

The procedure for accepting an application by judicial authorities

The application is submitted to the court in several copies. The number of copies depends on the number of defendants and third parties. Consideration of the issue of accepting a claim occurs within 5 days from the date of its receipt by the judicial authorities.

After submitting a statement of claim, the judicial authorities have the right to make one of the following decisions:

1. Accept the claim.
2. Refuse to consider the claim.
3. Return the claim to the applicant.
4. Leave the claim pending.

If the court decides to accept the statement of claim, it is formalized in the form of a ruling. Based on the decision to accept the claim for consideration, a case is initiated in the first instance.

Additional documents attached to the application

In addition to the statement of claim, the citizen is required to prepare a certain package of documents.

The papers attached to the application must confirm all the facts and circumstances described in the document.

Such papers may be:

1. Receipt for payment of state duty.
2. A power of attorney or other document that confirms the authority of the plaintiff’s representative.
3. Papers certifying the circumstances described in the statement of claim and on the basis of which the plaintiff puts forward his demands. These documents must be submitted to the court in several copies. The number of copies must correspond to the number of defendants and third parties.
4. Calculation of the disputed or recovered amount of money (for more details, see What is included in the price of the claim in the statement of claim? Calculation of the price of the claim). The paper must be endorsed by both the plaintiff and his representative. Calculation of the cost of the claim is provided in several copies in accordance with the number of defendants and third parties.
5. Text of the published normative act, if the plaintiff disputes its contents.
6. Papers confirming the implementation of measures pre-trial settlement spore.

Grounds for refusal to accept a claim

Code of Civil Procedure of the Russian Federation in Art. 134 contains exhaustive list grounds for refusal to accept a claim. Among them:

1. Submitting an application that:

• must be tried by another court;
• is aimed at protecting rights by a government body that does not provide such a right;
• filed on behalf of a person challenging acts that do not affect his rights.

2. The presence of a valid court decision on a dispute between the same parties on the same subject and grounds.

3. Coming into force judicial determination on termination of proceedings after the adoption of a settlement agreement or the plaintiff’s refusal of the statement of claim.

4. Decision making arbitration court in a dispute between the same parties on the same subject and grounds. The court must refuse to extradite the parties writ of execution on enforcement court decision.

The decision to refuse is formalized in the form of a determination. This act is handed to the plaintiff or sent to his address within 5 days from the date of receipt of the claim. Having received motivated refusal, a plaintiff who does not agree with this result may file a private complaint.

Return of the claim

The application must be returned if:

• the claim was filed on behalf of an incapacitated citizen;
• the procedure for pre-trial settlement was violated;
• papers confirming the fact of pre-trial settlement have not been submitted;
• rules on jurisdiction of cases were violated;
• the statement of claim is not signed;
• the claim was filed and signed by a citizen who does not have the authority to do so;
• the judicial authorities are already considering a case regarding a dispute between these parties on the same subject and basis;
• The plaintiff declared the return of the claim before the court made a decision on the application.

Leaving an application without progress

The application is left without progress in cases where a violation of the rules on the form and content of the claim is detected. A similar situation occurs with claims to which all the necessary title documents are not attached.

The plaintiff is notified of the identified violations and has the opportunity to eliminate them within a reasonable time.

Citizens who have drawn up a statement of claim must contact the judicial authorities authorized to consider such documents. A decision on an application submitted to the court is made within 5 days from the date of its filing.

A civil claim in a criminal case may be brought after its initiation and before its end judicial investigation when considering and resolving a criminal case in the court of first instance (Article 44 of the Code of Criminal Procedure of the Russian Federation).

Upon presentation civil action in criminal proceedings civil plaintiff exempt from paying state duty.

A civil claim in criminal proceedings is brought:

1. individuals and legal entities who have suffered material damage from a crime or socially dangerous act (can also be presented for property compensation moral damage);
2. other persons acting in the interests of persons affected by a crime or socially dangerous act, in particular, a civil claim may be brought by legal representatives or a prosecutor in defense of the interests of:

• • minors,
  • persons recognized as incompetent or partially capable in the manner established by civil procedural legislation,
  • persons who, for other reasons, cannot protect their rights and legitimate interests themselves.

A claim in defense of the interests of the state is filed only by the prosecutor.

The investigator or inquiry officer, having established with the help of evidence the presence material damage in a criminal case, are obliged to explain to the person who suffered this harm, or his representative, including a legal representative, the right to bring a civil claim.

These persons have the right to file a civil claim in writing or oral forms. An oral presentation of a civil claim against the accused or other persons (civil defendant) is entered into the protocol. Written statement attached to the materials of the criminal case.

Refusal to file a civil claim does not deprive a person of the right to file this claim within criminal proceedings in the future or in civil proceedings.

The criminal procedure law does not regulate the content and form of the statement of claim. However, it is obvious that it must meet the basic requirements for a claim in civil proceedings(Article 131 of the Code of Civil Procedure of the Russian Federation).

The absence of information in a criminal case about the person who committed the crime (suspect, accused) is not an obstacle to filing a civil claim.

When identifying a person bearing civil liability for harm caused by a crime or public dangerous act insane person, the investigator, the inquiry officer and the court (or judge) involve this person in a criminal case, respectively, as an accused or a civil defendant.

More information about the nature and extent of damage

Since the nature and amount of damage caused by a crime or a socially dangerous act are the subject of proof (Article 73 of the Code of Criminal Procedure), government bodies And officials, implementing criminal proceedings, are obliged to establish (prove) these circumstances, namely the nature and extent of the harm caused by the crime.

Under the nature of harm its qualitative characteristics are understood:

• • type of harm caused (physical, moral, property);
  • form of ownership of a legal entity in the event of property damage.

Amount of damage represents its quantitative characteristics. It finds expression in monetary equivalent in Russian currency (rubles).

The interrogator with the consent of the prosecutor, and the investigator with the consent of the head investigative body and the court, if there is sufficient information about the crime causing material damage, must take measures to secure the claim.

Measure to secure a civil claim is the seizure of the property of the accused or persons legally liable for his criminal acts, or other persons who have property acquired criminally(Article 115 of the Code of Criminal Procedure of the Russian Federation).

Seizure of property can be carried out simultaneously with a seizure or search, or as an independent criminal procedural action.

A civil plaintiff may waive the claim at any time during criminal proceedings, but only before the removal of the court meeting room to pronounce a sentence or make another judicial decision.

The plaintiff’s refusal of the civil claim entails the termination of the preliminary and judicial proceedings in this part.

Termination of proceedings on a civil claim in a criminal proceeding on the grounds of abandonment deprives the civil plaintiff of the right to file a civil claim in civil proceedings against the same person on the same subject and on the same basis.

The civil plaintiff and the court of first instance have the right to participate in the trial civil defendant and (or) their representatives, including legal ones.

The civil plaintiff, the civil defendant and (or) their representatives participate in the trial.

The court has the right to consider a civil claim in the absence of the civil plaintiff, If:

1. 1. the civil plaintiff or his representative applies for this;
   2. the civil suit is supported by the prosecutor;
   3. The defendant fully agrees with the civil claim brought.

In other cases, if the civil plaintiff or his representative fails to appear, the court has the right to leave the civil claim without consideration. In this case, the civil plaintiff retains the right to bring a claim in civil proceedings (Article 250 of the Code of Criminal Procedure of the Russian Federation).

Resolution of a civil claim on the merits carried out by the court in a verdict or other court decision based on the results of the trial.

In this case, it is necessary to take into account that the civil plaintiff and civil defendant have the right to take part in the debate between the parties and, accordingly, support the stated claim and object to its satisfaction.

In accordance with Art. 299 of the Code of Criminal Procedure of the Russian Federation, the judge (or court), after resolving the main issues, must decide whether the civil claim is subject to satisfaction, in favor of whom and in what amount.

When rendering a verdict, the court depending on the proof of the grounds and size of the civil claim

• • satisfies the civil claim in whole or in part, or
  • refuses to satisfy it, and also
  • makes decisions on the fate of seized property and (or) securities.

IN exceptional cases, if it is impossible to make a detailed settlement on a civil claim without adjournment judicial trial criminal case, the court may recognize the civil plaintiff’s right to satisfy the claim and refer the issue of its size to the court for consideration in civil proceedings (

        "______" __________________ 200_ in Moscow on the roadway ___________________, house ___________, a traffic accident occurred, a car of the brand "_______" state license plate ____________, driven by the Defendant, collided with a car of the brand "__________" state license plate ___________, under my control.
        As a result of the collision, my car received mechanical damage.
        The traffic accident occurred due to the fault of the driver _____________________. This is evidenced by a certificate issued by ____________ Department of Internal Affairs________ JSC Moscow No.______________ dated "_____" ___________________200___
        B result of an accident I suffered material damage, as well as moral suffering. According to calculation No._________________ dated "_____"_________________200__, the cost refurbishment emergency vehicle amounts to the amount of ______________________ (___________________________) ruble ___________ kopecks as of the date of the calculation.
        In addition, I incurred additional expenses:
- for the evacuation of an emergency vehicle ______________(_________________) rubles;
- for carrying out the inspection, assessment, drawing up estimates, taking photos and visiting the appraiser, I paid____________________(___________________________) rubles;
- for the services of a lawyer _____________________(_____________________________) rubles;
- behind post services upon summoning the Defendant to inspect the damaged vehicle_________________(______________________) ruble_________ kopecks.
        Besides mechanical damage my vehicle, the Defendant, by his actions, also caused me moral injury, expressed as follows.
        As a result of being in an extremely traumatic accident situations I experienced severe emotional stress, the consequences of which were partial loss of sleep, headaches and increased irritability, which is confirmed by ___________________.
        The lack of a car has deprived me of the opportunity to move freely, which in the current conditions extremely complicates the life of my family, causing me and my loved ones moral suffering, making me feel resentment, worry about the future of the family, which I value at _______________ (_______________________) rubles.
        In accordance with Art. Art. 12, 15, 151, 1064, 1079, 1099, 1100, 1101 Civil Code RF, Art. Art. 131, 194-198 of the Civil Procedure Code of the Russian Federation and based on the above

1. To recover from the Defendant in my favor sum of money to compensate for the cost of restoration of a damaged vehicle in the amount of ___________________ (______________________________) rubles _______ kopecks.
2. To recover from the Defendant in my favor a sum of money to compensate for the loss commodity value ___________________(_________________________________________) rubles _________kopecks.
3. To recover from the Defendant in my favor the sum of ______________ (_________________) rubles to cover the costs of carrying out technical expertise and calculating the costs of restoring a damaged vehicle.
4. To recover from the Defendant in my favor a sum of money for postal services in the amount of ______________(________________________) ruble________kopecks.
5. To recover from the Defendant in my favor a sum of money in the amount of ____________________ (__________________________) rubles to compensate for moral damage.
6. To recover from the Defendant in my favor the costs of paying for the assistance of a lawyer in the amount of ________________________(___________________________) rubles.
7. To recover from the Defendant, in my favor, a sum of money for paying the state. duties in the amount of ________________ (in words) ruble.
8. In order to execute the court decision, take measures to secure the claim by seizing property and cash Defendant.
9. To ensure an objective, complete and comprehensive consideration of the case, request from _____________________ Traffic Police Traffic Police __________________. Moscow materials about this traffic accident.
APPLICATION:
1. A copy of the statement of claim on ______ sheets and an appendix on ______ sheets;
2. A copy of Certificate No. ______ "___" ____________ 200 __ year, issued by ________ State Traffic Safety Inspectorate ________JSC Moscow on ______ sheet.;
3. Copies of the text of the telegram with a notification from "___" ________ 200 __ about a call to inspect an emergency vehicle on _____ sheet.;
4. A copy of the Vehicle Inspection Report No. __ dated "__" ______ 200 _ on ___sheet;
5. Copy of Calculation No. ______ of the cost of restoration of a damaged vehicle dated "___" _________ 200 __ on ____ sheet.;
6. Copies of photographs of the damaged vehicle on ____sheet;
7. A copy of the license of LLC "___________" for the right to carry out appraisal activities on ________ sheet.;
8. A copy of the report, invoice and repair order issued by LLC "____________" for body work on a damaged vehicle on __________ sheet.;
9. . Copy sales receipt for payment for _________ services at LLC "______________" on _____ sheet.;
10. A copy of the government payment receipt. duties ____ per 1 sheet.

"__" ____________ 200_ ....................................................................................................................... _____________
............................................................................................................................ (signature)

The criminal process sets itself the task of finding the culprit and bringing him to justice, which is most often expressed in imprisonment. The motives of the victim who wants to punish the criminal are also completely clear. But what about the property losses suffered by the victim, because they must be compensated? It is for this purpose that, as part of a criminal case, the victim can file a civil claim and demand compensation for property or moral damage.

Rules by which an application is submitted to the court

Such a civil case follows rules that are somewhat different from those existing in civil proceedings. Here we should take into account the dual nature of this phenomenon. On the one hand, consideration of claims is part of criminal proceedings, but on the other hand, the rules apply here substantive law from the areas of civil, tax, labor and other legislation. This is very important point when choosing your representative. The lawyer you choose should have experience representing interests not only in criminal cases; the scope of his activity should be much wider, and equally affect civil cases.

The main rule according to which an application is submitted to the court is the filing of the application after the initiation of criminal proceedings and before the court makes a decision on the criminal case. The remaining requirements for a claim are not clearly formulated in the law, so the court often has to use analogies with civil proceedings. Remain unresolved legislative level questions about the form of the claim, the necessary attention has not been paid to the concept of “moral damage”, although many legal scholars classify it as one of the most complex categories of law.

From this follows the second criterion for selecting a representative - depth of knowledge legal norms and the ability to interpret them. The lawyer you choose must be well versed in the laws and be able to justify his position, relying not only on procedural rules and regulations, but also on logic, judicial practice and existing precedents.

Pros and cons of a civil claim in a criminal case

TO undeniable advantages may include the opportunity to receive compensation for property or moral damage caused by the crime. Here we can also talk about additional information received during the consideration of a civil claim, which can be used to determine the punishment of the accused.

Since criminal and civil side cases are considered by one judge, possible contradictions in the assessment of the actions of the accused are eliminated, while measures of responsibility are balanced.

Among the shortcomings are gaps in legislative regulation, as well as the combination of opposing principles of legal proceedings, which are resorted to in civil and criminal cases. If in a criminal trial the presumption of innocence is applied, and the prosecution must prove the guilt of the defendant, then civil process The principle of adversarial proceedings is used, where each party proves the facts on which it relies.

Parties in a civil suit

The plaintiff who submits the application to the court may be a person who has suffered property or moral damage, while there is reason to believe that it was caused by a crime. The defendant is the person responsible for the harm caused by his crime.

Lawyer Ekaterina Murzakova has the necessary professional qualities so that, acting as a representative of your interests, she can defend your civil rights, the violation of which is considered during criminal proceedings.

A civil claim in a criminal case can be brought after its initiation and before the end of the judicial investigation when considering and resolving a criminal case in a court of first instance (Article 44 of the Code of Criminal Procedure of the Russian Federation).

When filing a civil claim in criminal proceedings, the civil plaintiff is exempt from paying state fees.

The claim is filed in the same court where the criminal case is being heard. Submitted after (or at the time) the criminal case is submitted to the court.

Example of a claim.

(IN _________________________________________
district (city) court _____________________
regions (territories, republics)
PLAINTIFF: _____________________________________
(Full name.)

RESPONDENT(S): ______________________________
(Full name.)
ADDRESS:____________________________________

STATEMENT OF CLAIM
on compensation for damage caused by a crime
A criminal case on charges of
(full name of the accused(s)
in a crime for which liability is provided for in Part _______ Art. _______ Criminal Code of the Russian Federation.
This crime caused me ________________________________________________________________
(full name of the plaintiff)
material damage in the amount of ____ rubles, which is calculated from the following _________________________________________________________________________________________
(give the corresponding calculation of material damage confirming its evidence)
(Attach information about market value damaged property and other documents confirming the damage.)
In addition, the actions (inaction) of the accused(s) caused me moral harm. those. moral or physical suffering, expressed in the following:
________________________________________________________________________________________
________________________________________________________________________________________
(Moral experiences: due to the loss of relatives, the inability to continue active social life, loss of job, disclosure of family, medical confidentiality, dissemination of untrue information discrediting honor, dignity or business reputation citizen, temporary restriction or deprivation of any rights, physical pain associated with injury caused, other damage to health or in connection with a disease suffered as a result moral suffering, and etc.
Physical suffering: physical pain experienced when health is damaged to an individual. Such damage is confirmed by appropriate medical documents, where beatings were recorded, light or serious harm health or harm to health moderate severity. This could be certificates from the emergency room, medical card patient, examination results, conclusion of a forensic expert. In itself, the division of harm to health into the previously indicated degrees only affects the qualification of the crime when bringing the guilty person to justice. criminal liability. But, nevertheless, it is assumed that the more serious the harm to health, the more severe physical suffering the victim experienced. When proving moral damage in the form physical suffering it is necessary to show the court that this particular person experienced such severe physical pain that only specific amount Money.)

I estimate the moral damage caused to me in the amount of ________ rubles.
In accordance with Art. 44 Code of Criminal Procedure of the Russian Federation, 1064, 151 Civil Code of the Russian Federation,
ASK:
Recognize me _____________________________________________________ as a civil plaintiff.
(indicate full name)
To recover _________________________ from the defendant in my favor property damage V
(Full name,)
in the amount of _____________________ rubles, as well as moral damages in the amount of _______ rubles.

Application:

1. Copy(s) of the statement of claim.

2. Written and other evidence of the existence and amount of damage.