RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of December 19, 2003 No. 23

About the judgment

Due to the enforcement since February 1, 2003. The Civil Procedure Code of the Russian Federation (further - the CCP of the Russian Federation) and for the purpose of accomplishment of the requirements to the judgment containing in it the Plenum of the Supreme Court of the Russian Federation decides to make to courts the following explanations:

1. According to article 194 CCP of the Russian Federation the decision is the court order of the first instance to which case is allowed in essence.

The decision shall be legal and reasonable (part 1 of article 195 CCP of the Russian Federation).

2. The decision is legal in that case when it is accepted in case of exact observance of regulations of procedural law and in full accordance with regulations of the substantive right which are subject to application to this legal relationship, or is based on application in necessary cases of analogy of the law or analogy of the right (part of 1 Article 1, part 3 of article 11 CCP of the Russian Federation).

If there are contradictions between the regulations of the procedural or substantive right which are subject to application by consideration and permission of this case, then the decision is legal in case of application by court according to part 2 of article 120 of the Constitution of the Russian Federation, part 3 of article 5 of the Federal constitutional Law "About Judicial System of the Russian Federation" and part 2 of article 11 CCP of the Russian Federation of the regulation having the greatest legal force. In case of establishment of contradictions between the rules of law which are subject to application by consideration and permission of case, courts need also to consider the explanations of the Plenum of the Supreme Court of the Russian Federation made in resolutions of October 31, 1995 to N8 "About Some Questions of Application by Courts of the Constitution of the Russian Federation when Implementing Justice" and of October 10, 2003 by N5 "About Use by Courts of Law of the Conventional Principles and Rules of International Law and International Treaties of the Russian Federation".

3. The decision is reasonable when the facts important for case are confirmed by the proofs researched by court meeting requirements of the law on their relevancy and admissibility or the circumstances which are not needing proof (Articles 55, 59-61, 67 CCP of the Russian Federation) and also when it contains the exhaustive conclusions of court following from established facts.

4. As owing to part 4 of article 198 CCP of the Russian Federation in the judgment the law by which the court was guided shall be specified, it is necessary to specify in motivation part the material law applied by court to these legal relationship and procedural rules by which the court was guided.

The court also should consider:

a) resolutions of the Constitutional Court of the Russian Federation on interpretation of the provisions of the Constitution of the Russian Federation which are subject to application in this case, and on recognition corresponding or not corresponding to the Constitution of the Russian Federation of the regulatory legal acts listed in the Items "and", "b", "v" part 2 and regarding the 4th article 125 of the Constitution of the Russian Federation on which the parties base the requirements or objections;

b) the resolutions of the Plenum of the Supreme Court of the Russian Federation accepted based on article 126 of the Constitution of the Russian Federation and containing explanations of the questions which arose in court practice in case of application of the regulations of substantive or procedural law which are subject to application in this case;

c) resolutions of the European Court of Human Rights in which interpretation of provisions of the Convention on human rights protection and the fundamental freedoms which are subject to application in this case is this.

5. According to part 3 of article 196 CCP of the Russian Federation the court makes the decision only according to the requirements declared by the claimant.

Which the court has the right to go beyond the declared requirements (to resolve the requirement, it is not declared, to meet the requirement of the claimant in bigger size, than it was declared) only in the cases which are directly provided by the Federal Laws.

The paragraph third ceased to be valid according to the Resolution of the Plenum of the Supreme Court of the Russian Federation of 23.06.2015 No. 25

The declared requirements are considered and permitted on the bases specified by the claimant and also on the circumstances submitted by court for discussion according to part 2 of article 56 CCP of the Russian Federation.

At the same time it must be kept in mind that by consideration and permission of the cases which arose from public legal relationship, the court is not connected by the bases and arguments of the declared requirements, i.e. circumstances on which the applicant bases the requirements (part 3 of article 246 CCP of the Russian Federation).

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