of November 14, 2002 No. 138-FZ
Accepted by the State Duma of the Russian Federation on October 23, 2002
Approved by Council of the Russian Federation on October 30, 2002
1. The procedure for civil legal proceedings in federal courts of the general jurisdiction is determined by the Constitution of the Russian Federation, the Federal constitutional Law "About Judicial System of the Russian Federation", this Code and other Federal Laws accepted according to them, procedure for civil legal proceedings at the magistrate judge - also Federal Law "About Magistrate Judges in the Russian Federation".
2. If the international treaty of the Russian Federation establishes other civil procedure rules, than those which are provided by the law are applied rules of the international treaty. Application of rules of international treaties of the Russian Federation in their interpretation contradicting the Constitution of the Russian Federation is not allowed. Such contradiction can be established according to the procedure, determined by the Federal constitutional Law.
3. Civil legal proceedings are conducted according to the Federal Laws existing during consideration and permission of civil case, making of separate legal proceedings or execution of court decrees (writs, the judgments, determinations of court, resolutions of presidium of Supervisory Court), resolutions of other bodies.
4. In case of lack of the regulation of procedural law governing the relations which arose during civil legal proceedings, sheathe federal courts jurisdictions and magistrate judges (further also - court) apply the regulation governing the similar relations (analogy of the law), and in the absence of such regulation act proceeding from the principles of implementation of justice in the Russian Federation (analogy is right).
Tasks of civil legal proceedings are the correct and timely consideration and permission of civil cases for the purpose of are sewn up the violated or disputed rights, freedoms and legitimate interests of citizens, the organizations, the rights and interests of the Russian Federation, subjects of the Russian Federation, municipalities, other persons which are subjects of civil, employment or other legal relationship. Civil legal proceedings shall promote strengthening of legality and law and order, the prevention of offenses, forming of respect for the law and court, peaceful settlement of disputes.
1. The interested person has the right according to the procedure, the established legislation on civil legal proceedings to take a legal action behind protection of the violated or disputed rights, freedoms or legitimate interests.
1.1. The action for declaration, the statement, the claim, representation and other documents can be filed a lawsuit on paper or in electronic form, including in electronic form.
The action for declaration, the statement, the claim, representation and other documents in electronic form can be filed by the participant of legal procedure by means of the federal state information system "Single Portal of the State and Municipal Services (Functions)" (further - the single portal of the state and municipal services), or the information system determined by the Supreme Court of the Russian Federation, Judicial department under the Supreme Court of the Russian Federation, or electronic document management systems of participants of process with use of single system of interdepartmental electronic interaction.
The action for declaration, the statement, the claim, representation and other documents which are filed by means of the single portal of the state and municipal services, the information system determined by the Supreme Court of the Russian Federation, Judicial department under the Supreme Court of the Russian Federation can be signed by the simple digital signature in accordance with the legislation of the Russian Federation and the procedure determined by the Supreme Court of the Russian Federation, Judicial department under the Supreme Court of the Russian Federation if by this Code it is not determined that the specified documents shall be signed by the strengthened qualified digital signature.
The action for declaration, the statement, the claim, representation and other documents which are filed by means of electronic document management systems of participants of process shall be signed by the strengthened qualified digital signature.
2. The disclaimer on appeal to the court is invalid.
3. By agreement of the parties the dispute which arose from the civil relations and also individual employment disputes of athletes, trainers in professional sport and elite sport before adoption of the court decree by Trial Court with which consideration of civil case in essence comes to an end can be submitted by the parties of reference tribunal if other is not provided by this Code and the Federal Law.
4. The statement is filed a lawsuit after observance of claim or other pre-judicial procedure for dispute settlement if it is provided by the Federal Law for this category of disputes.
5. The parties after appeal to the court have the right to use conciliatory procedures for dispute settlement.
1. The court initiates civil case according to the statement of person who addressed for protection of the rights, freedoms and legitimate interests.
2. In the cases provided by this Code, other Federal Laws, the civil case can be initiated according to the statement of person who is speaking out in defense on its own behalf of the rights, freedoms and legitimate interests of other person, uncertain group of people or in protection of interests of the Russian Federation, subjects of the Russian Federation, municipalities.
Justice on the civil cases which are within competence of the courts of the general jurisdiction is performed only by these courts by the rules established by the legislation on civil legal proceedings.
Justice on civil cases is performed on the basis of equality before the law and court of all citizens irrespective of floor, race, nationality, language, origin, property and official capacity, the residence, the relation to religion, beliefs, belonging to public associations and other circumstances, and also all organizations irrespective of their form of business, pattern of ownership, the location, subordination and other circumstances.
1. Legal proceedings in courts and execution of the court decree are performed in reasonable time.
2. Trial of cases in courts is performed in the terms established by this Code. Prolongation of these terms is admissible in cases and according to the procedure which are established by this Code, but legal proceedings shall be performed in reasonable time.
3. In case of determination of reasonable time of legal proceedings which includes the period from the date of receipt of the action for declaration or the lawsuit to the court of the first instance about day of adoption of the last court decree on case such circumstances as legal and actual complexity are considered put, behavior of participants of civil process, sufficiency and efficiency of the actions of court performed for the purpose of timely consideration of the case and general duration of legal proceedings on case.
4. The circumstances connected with the organization of work of court including with replacement of the judge, and also consideration of the case by different instances cannot be taken into account as the bases for exceeding of reasonable time of legal proceedings on case.
5. The rules of determination of reasonable time of legal proceedings on case provided by parts three and the fourth this Article are applied also in case of determination of reasonable time of execution of court resolutions.
6. If after adoption of the action for declaration or the statement to production case the long time was not considered and legal procedure was dragged out, interested persons have the right to file to the chairman of justices petition for acceleration of consideration of the case.
7. The application for acceleration of consideration of the case is considered by the chairman of justices in five-day time from the date of receipt of the petition. By results of consideration of the application the chairman of justices takes out motivated determination in which there can be fixed term of carrying out judicial session on case and (or) actions which should be performed for acceleration of legal proceedings can be specified.
1. Civil cases in Trial Courts are considered by judges of these courts solely or in the cases provided by the Federal Law is joint.
2. If by this Code the judge is granted the right to solely consider civil cases and to make separate legal proceedings, the judge acts on behalf of court.
3. Cases on claims to the court decrees of magistrate judges which did not take legal effect are considered in appeal procedure solely by judges of the relevant district courts.
4. Civil cases in courts of the appeal and cassation instances, except as specified, provided by part three of this Article, Article part four 333, Article 335 part one. 1, part ten of Article 379.5 of this Code, are considered jointly.
Civil cases in Supervisory Court are considered jointly.
1. When implementing justice of the judge are independent and submit only to the Constitution of the Russian Federation and the Federal Law.
2. Judges consider and resolve civil cases in the conditions excluding impact, foreign on them. Any intervention in activities of judges for implementation of justice is forbidden and involves the responsibility established by the law.
3. Guarantees of independence of judges are established by the Constitution of the Russian Federation and the Federal Law.
4. Information on extra procedural appeals of the state bodies, local government bodies, other bodies, the organizations, officials or citizens who arrived to the civil judges who are in their production or to the chairman of justices, his deputy, the chairman of judicial structure or the chairman of judicial board on the civil cases which are in production of court is subject to the bringing to publicity and bringing to data of participants of legal proceedings by placement of this information in accordance with the established procedure on the Internet and is not the basis for carrying out legal proceedings or adoption of proceeding decisions on civil cases.
1. Civil legal proceedings are conducted in Russian - state language of the Russian Federation or in state language of the republic which is part of the Russian Federation and in the territory of which there is the relevant court. In public vessels civil legal proceedings are conducted in Russian.
2. The right to offer explanations, the conclusions, to act, declare petitions, to make complaints in the native language or in any freely chosen language of communication, and also to use translation service is explained and provided to the persons who are participating in case and not knowing language in which civil legal proceedings are conducted.
1. Trial of cases in all courts open.
2. Trial in the closed judicial sessions is performed on the cases containing the data which are the state secret, secrecy of adoption (adoptions) of the child and also on another matters if it is provided by the Federal Law. Trial in the closed judicial sessions is allowed also in case of satisfaction of the petition of the person participating in case and referring to need of preserving the commercial or protected by the law other secret, personal privacy of citizens or other circumstances which public discussion is capable to interfere with the correct trial of case or to entail disclosure of the specified secrets or violation of the rights and legitimate interests of the citizen.
3. Persons participating in case, the other persons who are present when making legal proceeding during which the data specified in part two of this Article can be revealed are warned by court about responsibility for their disclosure.
4. About trial of case in the closed judicial session concerning everything or part of legal proceedings the court takes out motivated determination.
5. At considering the case at the closed judicial session there are persons participating in case, their representatives, and at necessary cases also witnesses, experts, specialists, translators.
6. Case in the closed judicial session is considered with observance of all civil procedure rules. Use of means of audio recording and systems of video conferencing, and also system of web conference in the closed judicial session is not allowed.
7. Persons participating in case and the citizens who are present at proceeding in open court have the right in writing, and also by audio recording to fix the course of legal proceedings. Film and photographing, video, broadcast of judicial session per radio, television and on the Internet are allowed from the leave of court.
8. Decisions of the courts appear publicly, except as specified, if such announcement of decisions affects the rights and legitimate interests of minors.
1. The court shall resolve civil cases based on the Constitution of the Russian Federation, international treaties of the Russian Federation, the Federal constitutional Laws, the Federal Laws, regulatory legal acts of the President of the Russian Federation, regulatory legal acts of the Government of the Russian Federation, regulatory legal acts of federal bodies of the government, constitutions (charters), the laws, other regulatory legal acts of public authorities of subjects of the Russian Federation, regulatory legal acts of local government bodies. The court resolves civil cases, proceeding from business customs in the cases provided by regulatory legal acts.
2. Court, having determined in case of permission of civil case that the regulatory legal act does not correspond to the regulatory legal act having big legal force applies regulations of the act having the greatest legal force.
3. In case of lack of the rules of law governing the disputable relation, the court applies the rules of law governing the similar relations (analogy of the law), and in the absence of such regulations resolves case, proceeding from the general beginnings and sense of the legislation (analogy is right).
4. If the international treaty of the Russian Federation determines other rules, than those which are provided by the law, the court in case of permission of civil case applies rules of the international treaty. Application of rules of international treaties of the Russian Federation in their interpretation contradicting the Constitution of the Russian Federation is not allowed. Such contradiction can be established according to the procedure, determined by the Federal constitutional Law.
5. The court according to the Federal Law or the international treaty of the Russian Federation in case of permission of cases applies regulations of foreign law.
1. Justice on civil cases is performed on the basis of competitiveness and equality of participants.
2. Court, keeping independence, objectivity and impartiality, performs management of process, explains to persons participating in case, their rights and obligation, warns about effects of making or non-execution of legal proceedings, renders to persons participating in case, assistance in realization of their rights, creates conditions for comprehensive and complete investigation of proofs, establishments of the actual circumstances and the correct application of the legislation by consideration and permission of civil cases.
1. Courts accept court decrees in the form of writs, the judgments, determinations of court, resolutions of presidium of Supervisory Court.
The court decree, except for the resolution containing the data which are the secret protected by the law can be executed in electronic form which is signed by the judge the strengthened qualified digital signature. If the resolution is accepted court jointly, it is signed by all judges considering case, the strengthened qualified digital signature.
In case of accomplishment of the court decree in electronic form the copy of this court decree on paper is in addition carried out.
2. The court decrees, and also legal orders, requirements, orders, challenges and appeals of courts which took legal effect are obligatory for one and all public authorities, local government bodies, public associations, officials, citizens, the organizations and are subject to strict execution in all territory of the Russian Federation.
3. Non-execution of the court decree, and equally in other disrespect for court involves the responsibility provided by the Federal Law.
4. Obligation of court decrees does not deprive of the right of the interested persons who were not participating in case to take a legal action if the accepted court decree violates their rights and legitimate interests.
5. Recognition and execution in the territory of the Russian Federation of foreign judgements, foreign reference tribunals (arbitration) are determined by international treaties of the Russian Federation and this Code.
1. Cases in Trial Courts are considered by judges solely. In the cases provided by the Federal Law, cases in Trial Courts are considered jointly as a part of three professional judges.
2. If other is not established by this Code, hearing of cases in cassation or appeal procedure is performed by court as a part of the judge-chairman and two judges.
Hearing of cases in supervising procedure is performed by Presidium of the Supreme Court of the Russian Federation in the structure determined according to the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation".
3. The structure of court for consideration of each case is created taking into account loading and specialization of judges by use of the automated information system. In case of impossibility of use in court of the automated information system forming of structure of court in other procedure excluding influence on its forming of persons interested in the result of legal proceedings is allowed.
4. Case which consideration is begun by one judge or structure of court shall be considered by the same judge or the same structure of court.
5. Replacement of the judge or several judges is possible in case:
1) declared and satisfied according to the procedure, established by this Code, rejection or removal of the judge;
2) long absence of the judge in view of disease, leave, study or official journey;
3) the terminations or suspensions of powers of the judge on the bases provided by the Federal Law;
4) transition to consideration of the case on civil procedure rules.
6. In case of replacement of the judge or several judges in proceedings on the reference legal proceedings are made from the very beginning. The solution of question of adoption of the action for declaration to production, adjournment of legal proceedings, consideration of the application about providing the claim and making of other legal proceedings in cases, being urgent, one judge instead of other judge according to the procedure of interchangeability are not replacement of the judge.
1. The questions arising when considering the case by court in joint structure are permitted by judges by a majority vote. None of judges have no right to refrain from vote. The chairman votes the last.
2. The judge not concordant with opinion of the majority can state in writing the special opinion which is filed, but in case of the announcement accepted in the matter of the judgment is not disclosed.
1. The magistrate judge, and also the judge cannot consider case and is subject to branch if it:
1) by the previous consideration of this case participated in it as the prosecutor, the assistant judge, the court session secretary, the representative, the witness, the expert, the specialist, the translator;
1. 1) was judicial conciliator on this case;
2) is relative or the cousin-in-law any of persons participating in case or their representatives;
3) personally, it is directly or indirectly interested in the outcome of the case or there are other circumstances raising doubts in its objectivity and impartiality.
2. The faces consisting in relationship among themselves cannot enter into structure of the court considering case.
3. Availability of information on the extra procedural address, the arrived judge on the civil case which is in its production in itself cannot be considered as the basis for removal of the judge.
1. The magistrate judge considering case cannot participate in consideration of this case in court of appeal, cassation or supervising instance.
2. The judge who was involved in consideration of the case in Trial Court cannot participate in consideration of this case in court of appeal, cassation or supervising instance.
3. The judge who was involved in consideration of the case in Appeal Court cannot participate in consideration of this case in court of the first, cassation or supervising instance.
4. The judge who was involved in consideration of the case in court of cassation instance cannot participate in consideration of this case in courts of the first, appeal and supervising instances.
5. The judge who was involved in consideration of the case in Supervisory Court cannot participate in consideration of this case in courts of the first, appeal and cassation instances.
1. The bases for removal of the judge specified in article 16 of this Code extend also to the prosecutor, the assistant judge, the court session secretary, the expert, the specialist, the translator.
The expert or the specialist, besides, cannot be involved in consideration of the case if it was or is in job or other dependency from any of persons participating in case, their representatives.
2. Participation of the prosecutor, assistant judge, court session secretary, expert, specialist, translator in the previous consideration of this case as respectively prosecutor, the court session secretary, the expert, the specialist, the translator is not the basis for their branch. Participation of the court session secretary in the previous consideration of this case as the assistant judge or participation of the assistant judge in the previous consideration of this case as the court session secretary is not the basis for their branch.
1. In the presence of the bases for branch specified in Articles 16 - the 18th of this Code, the magistrate judge, the judge, the prosecutor, the assistant judge, the court session secretary, the expert, the specialist, the translator shall declare rejection. On the same bases branch can be declared by persons participating in case or is considered at the initiative of court.
2. Rejection or branch shall be motivated and declared prior to substantive prosecution. The statement of rejection or branch during further review of case is allowed only if the basis for rejection or branch became known to person declaring rejection or branch or court after the beginning of substantive prosecution.
3. Procedure for permission of the statement for rejection and effects of its satisfaction are determined by the rules provided by Articles 20 and 21 of this Code.
4. In case of refusal in allowance of the application about branch submission of the repeated statement for branch by the same person and on the same bases is not allowed.
1. In case of the statement of branch the court hears opinion of persons participating in case and also faces to which branch is declared if taken away wishes to offer explanations.
2. The judge considering the case solely having the right to resolve question of branch or rejection by removal of motivated legal determination without removal to the consultative room.
When considering the case by court jointly the question of branch is resolved by the determination which is taken out in the consultative room. The branch declared to the judge is allowed by the same structure of court in the absence of the taken-away judge. The branch declared to several judges or all structure of court is allowed by the same court en banc by a simple majority vote. In case of equal number of votes, given for branch and against branch, the judge is considered taken away.
The question of removal of the prosecutor, the assistant judge, the court session secretary, the expert, the specialist, translator is allowed by the court considering case.
1. In case of removal of the magistrate judge considering case it is transferred by district court to other magistrate judge acting in the territory of the same judicial area, or if such transfer is impossible, it is transferred by superior court to the magistrate judge of other area.
2. In case of removal of the judge or removal of all structure of court when considering the case in district court case is considered in the same court by other judge or other structure of court or is submitted to other district court by superior court if in district court in which case is considered replacement of the judge becomes impossible.
3. In case of removal of the judge or removal of all structure of court when considering the case in the Supreme Court of the republic, regional, regional court, court of the federal city, court of the autonomous region, court of the autonomous area, Appeal Court of the general jurisdiction, court of cassation of the general jurisdiction, the Supreme Court of the Russian Federation case is considered in the same court by other judge or other structure of court.
4. If after satisfaction of statements for branches or for other reasons it is impossible to form new structure of court for consideration of this case, the case shall be submitted to other court according to the procedure, stipulated in Item 4 parts two of Article 33 of this Code.
1. Courts consider and permit:
1) claim cases with participation of citizens, the organizations, public authorities, local government bodies on protection of the violated or disputed rights, freedoms and legitimate interests, on the disputes arising from civil, family, employment, housing, land, ecological and other legal relationship;
Put 2) on 122 of this Code to the requirements permitted according to the procedure of mandative production specified in Article;
3) ceased to be valid according to the Federal Law of the Russian Federation of 08.03.2015 No. 23-FZ
4) the cases of special proceeding specified in Article 262 of this Code;
5) cases on contest of decisions of reference tribunals and on issue of writs of execution on forced execution of decisions of reference tribunals;
6) cases on recognition and carrying out of foreign judgements and foreign arbitral decisions;
7) cases on rendering assistance to reference tribunals in the cases provided by the Federal Law;
8) cases on the corporate disputes connected with creation of the legal entity, management of it or participation in the legal entity, being non-profit organization, except for non-profit organizations, cases on which corporate disputes the Federal Law are referred to cognizance of Arbitration Courts.
2. Courts consider and resolve cases with participation of foreign citizens, stateless persons, the foreign organizations, organizations with foreign investments, the international organizations.
3. Courts consider and resolve the cases provided by parts one and the second this Article, except for the economic disputes and another matters carried by the Federal constitutional Law and the Federal Law to competence of Arbitration Courts.
4. In case of appeal to the court with the statement containing several requirements connected among themselves from which one are jurisdictional to court of law others - to Arbitration Court if separation of requirements is impossible, case is subject to consideration and permission in court of law.
If separation of requirements is possible, the judge takes out determination about adoption of requirements, cognizable to court of law, and about return of the statement regarding requirements, cognizable to Arbitration Court.
1. The disputes arising from the civil relations and also individual employment disputes of athletes, trainers in professional sport and elite sport can be submitted by the parties of reference tribunal in the presence between the parties of dispute of the existing arbitral agreement if other is not provided by the Federal Law.
2. Cannot be submitted reference tribunal:
1) disputes, stipulated in Item 4 parts one of Article 22 of this Code;
2) the disputes arising from the family relations including the disputes arising from the relations according to the order guardians and custodians property of the ward, except for cases on the Section between spouses of jointly acquired property;
3) the disputes arising from employment relationships, except for individual employment disputes of athletes, trainers in the professional sport and elite sport submitted to reference tribunal within arbitration (arbitration) administered by the permanent arbitration institution formed taking into account requirements of the legislation on physical culture and sport;
4) the disputes arising from the heritable relations;
5) the disputes arising from the relations regulated by the legislation of the Russian Federation on privatization of the state-owned and municipal property;
6) the disputes arising from the relations regulated by the legislation of the Russian Federation on contractual system in the field of purchases of goods, works, services for ensuring the state and municipal needs;
7) disputes on indemnification, caused to life and health;
8) disputes on eviction of citizens from premises;
9) the disputes arising from the relations connected with indemnification, caused to the environment;
10) other disputes in the cases which are directly provided by the Federal Law.
3. Disputes between the member of the legal entity and the legal entity and disputes over claims of members of the legal entity in connection with legal relationship of the legal entity with the third party if members of the legal entity have right to submission of such claim according to the Federal Law, can be submitted reference tribunal according to part four of this Article only if this legal entity, all his participants, and also other persons who are claimant or the defendant in the specified disputes signed the arbitral devolution agreement in reference tribunal of the specified disputes.
4. The disputes specified in part three of this Article can be considered by reference tribunal only by transfer of the specified disputes for consideration of reference tribunal with the arbitration place in the territory of the Russian Federation administered by the permanent arbitration institution which claimed and published special rules of trial of corporate disputes according to the procedure, provided by the Federal Law.
1. The magistrate judge considers cases as Trial Court:
2) about annulment of marriage if between spouses there is no dispute on children;
3) about the Section between spouses of jointly acquired property in case of the price of the claim which is not exceeding fifty thousand rubles;
4) on receivership proceeding, except for cases on inheritance of property and the cases arising from the relations on creation and use of results of intellectual activities in case of the price of the claim which is not exceeding fifty thousand rubles;
5) on the receivership proceeding arising in the field of consumer protection in case of the price of the claim which is not exceeding hundred thousand rubles.
2. By the Federal Laws another matters also can be carried to cognizance of magistrate judges.
3. In case of combination of several requirements connected among themselves, change of subject of action or presentation of the counter action if new requirements become cognizable to district court, and others remain cognizable to the magistrate judge, all requirements are subject to consideration in district court. In this case, if jurisdiction of the case changed during its consideration at the magistrate judge, the magistrate judge takes out determination about case referral in district court and submits case to district court.
4. Disputes between the magistrate judge and district court about cognizance are not allowed.
Civil cases, cognizable to courts of law, except for the cases provided by Articles 23, of 25, of the 26 and 27 of this Code are considered by district court as Trial Court.
In the cases provided by the Federal constitutional Law, civil cases are considered by public and other specialized freighters.
1. The Supreme Court of the republic, regional, regional court, court of the federal city, court of the autonomous region and court of the autonomous area consider civil cases as Trial Court:
1) connected with the state secret;
2) ceased to be valid according to the Federal Law of the Russian Federation of 08.03.2015 No. 23-FZ
3) ceased to be valid according to the Federal Law of the Russian Federation of 08.03.2015 No. 23-FZ
4) ceased to be valid according to the Federal Law of the Russian Federation of 08.03.2015 No. 23-FZ
5) ceased to be valid according to the Federal Law of the Russian Federation of 08.03.2015 No. 23-FZ
6) ceased to be valid according to the Federal Law of the Russian Federation of 08.03.2015 No. 23-FZ
7) ceased to be valid according to the Federal Law of the Russian Federation of 08.03.2015 No. 23-FZ
8) ceased to be valid according to the Federal Law of the Russian Federation of 08.03.2015 No. 23-FZ
9) provided by Chapter 45 of this Code.
2. By the Federal Laws another matters also can be carried to cognizance of the Supreme Court of the republic, regional, regional court, court of the federal city, court of the autonomous region and court of the autonomous area.
3. The Moscow city court considers as Trial Court civil cases which are connected with protection of the author's and (or) related rights, except the rights to the photographic works and works received by the methods similar to the photo in information and telecommunication networks, including in Internet network and on which it takes provisional interim measures according to Article 144.1 of this Code. In case of consideration of case by the Moscow city court on which production was initiated in the claim of the claimant after the introduction in legal force of the decision passed by the same court for benefit of the same claimant on another matter about protection of the author's and (or) related rights in information and telecommunication networks, including in Internet network the Moscow city court also resolves question of permanent restriction of access to the website to Internet networks on which repeatedly and illegally information containing objects of the author's and (or) related rights, or information necessary for their obtaining with use of information and telecommunication networks including Internet networks was posted.
Cognizance of cases to the Supreme Court of the Russian Federation is determined by the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation".
The claim is made in court at the place of residence of the defendant. The claim to the organization is made in court to the address of the organization.
1. The claim to the defendant whose residence is unknown or who does not take the residence in the Russian Federation can be shown in court in the location of its property or at its last known place of residence in the Russian Federation.
2. The claim to the organization following from activities of its branch or representation can be shown also in court to the address of its branch or representation.
3. Recovery suits of the alimony and about paternity proof can be shown by the claimant also in court in the place of his residence.
4. Actions of rescission of scrap can be made also in court at the place of residence of the claimant in cases if in case of it there is minor or for health reasons departure of the claimant to the residence of the defendant is represented for it difficult.
5. Compensatory actions, caused by mutilation, other damage of health or as a result of the death of the supporter, can be shown by the claimant also in court in the place of his residence or the place of damnification.
6. The claims for recovery of housing laws, return of property or its cost connected with indemnification, caused to the citizen by illegal condemnation, illegal criminal prosecution, illegal application as measure of restraint of detention, recognizance not to leave or illegal imposing of administrative punishment in the form of arrest can be shown also in court at the place of residence of the claimant.
6.1. Claims for protection of the rights of the subject of personal data, including for indemnification and (or) compensation of moral harm, can be shown also in court at the place of residence of the claimant.
6.2. Claims for the termination of issue by the operator of search engine of the references allowing to get information access on the Internet can be shown also in court at the place of residence of the claimant.
6.3. Claims for recovery of the labor and pension rights, and also the claims connected with social payments and privileges can be shown also in court at the place of residence of the claimant.
7. Claims for consumer protection can be made also in court at the place of residence or the place of stay of the claimant or on detention center or the place of agreement performance, except as specified, provided by part four of article 30 of this Code.
8. Indemnification claims, the courts caused by collision, the collection of the salary and other amounts which are due to crew members of the vessel for work onboard the vessel, expenses on repatriation and fees on social insurance, collection of remuneration for assistance and rescue at the sea can be shown also in court in the location of the vessel of the defendant or vessel's home port.
9. The claims following from agreements, including labor in which the place of their execution is specified can be shown also in court in the place of execution of such agreement.
10. The choice between several courts to which according to this Article case is jurisdictional belongs to the claimant.
1. Claims for the rights to the parcels of land, subsoil plots, buildings, including the residential and non-residential premises, structures, constructions, other objects firmly connected with the earth and also for release of property from arrest are shown in court in the location of these objects or distrained property.
2. The claims of creditors of the testator made before inheritance acceptance by heirs are jurisdictional to court in the place of opening of inheritance.
3. The claims to carriers following from transportation agreements are shown in court to the address of carrier to which complaint was in accordance with the established procedure made.
4. Claims for protection of the rights and legitimate interests of group of persons, including the rights of consumers, move to the defendant's address.
1. The statement for cancellation of decisions of the reference tribunals and the international commercial arbitrations accepted in the territory of the Russian Federation moves in district court in the territory of which the decision of reference tribunal is made. By agreement of the parties arbitration the application for cancellation of the decision of reference tribunal can be submitted to district court in the location or the residence of one of the parties of arbitration.
2. The statement for issue of writ of execution on forced execution of decisions of the reference tribunals and international commercial arbitrations accepted in the territory of the Russian Federation moves in district court in the location or the residence of the debtor or if the place of its stay or the residence is unknown, in the location of property of the debtor - the parties of arbitration. By agreement of the parties arbitration the application for issue of writ of execution for forced execution of the decision of reference tribunal can be submitted to district court in the territory of which the decision of reference tribunal, or in district court in the location or the residence of the party of arbitration for benefit of which the decision of reference tribunal is made is made.
3. The statement for implementation by court of functions of assistance in the relation of the reference tribunals specified in part two of Article 427.1 of this Code moves in district court at the venue of the corresponding arbitration.
1. The claim to several defendants living or being in different places is shown in court at the place of residence or the address of one of defendants in the choice of the claimant.
2. The counter claim is made in court in the place of consideration of the original action.
3. The civil action following from criminal case if it was not shown or was not resolved in case of production of criminal case, is shown for consideration according to the procedure of civil legal proceedings by the rules of cognizance established by this Code.
The parties can under the agreement among themselves change territorial cognizance for this case before acceptance by its court to the production. The cognizance established by Articles 26, of the 27 and 30 of this Code cannot be changed by the agreement of the parties.
1. The case accepted by court to the production with observance of rules of cognizance shall be authorized to them in essence, at least further it will become cognizable to other court, except as specified changes of the cognizance established by Articles 26 and 27 of this Code.
2. The court submits case of other court of law if:
1) the defendant, the residence or the location of which was not known earlier, will declare the petition for case referral in court in the place of his residence or the place of its stay;
2) both parties declared the petition for consideration of the case on the location of the majority of proofs;
3) when considering the case in this court came to light that it was accepted to production with cognizance abuse of regulations;
4) after removal of one or several judges or for other reasons replacement of judges or consideration of the case in this court become impossible. Case referral in this case is performed by superior court. Transfer of the cases which are subject to consideration in the Supreme Court of the republic, regional, regional court, court of the federal city, court of the autonomous region or court of the autonomous area is performed by court of cassation of the general jurisdiction. Transfer of the cases which are subject to consideration in Appeal Court of the general jurisdiction and court of cassation of the general jurisdiction is performed by the Supreme Court of the Russian Federation.
2.1. If when considering the case in court came to light that it is subject to consideration by Arbitration Court, the court submits the case to Arbitration Court to which cognizance it is carried by the law.
3. About case referral in other court or about refusal in case referral in other court determination of court about which the private complaint can be made is taken out. Case referral in other court is performed after the term of appeal of this determination, and in case of submission of the claim - after removal of determination of court about leaving of the claim without satisfaction.
In cases, stipulated in Item 4 parts two of this Article, determination about case referral in other court or about refusal in case referral in other court becomes effective from the date of acceptance and is not subject to appeal appeal.
4. The case directed from one court to another shall be taken cognizance by court to which it is directed. Disputes on cognizance between courts in the Russian Federation are not allowed.
1. In case of appeal to the court with the statement containing several requirements connected among themselves from which one are subject to consideration according to the procedure of civil legal proceedings others - according to the procedure of administrative legal proceedings if separation of requirements is impossible, case is subject to consideration and permission according to the procedure of civil legal proceedings.
2. In case of presentation in court of the action for declaration containing several requirements, one of which are subject to consideration on civil procedure rules, and others - by rules of administrative legal proceedings if their separate consideration is possible, the judge resolves question of adoption of the requirements which are subject to consideration according to the procedure of civil legal proceedings.
If other requirements imposed in court which are subject to consideration according to the procedure of administrative legal proceedings are jurisdictional to this court, the question of their acceptance to production is resolved by the judge according to the legislation on administrative legal proceedings based on the copies of the action for declaration and the corresponding documents attached to it certified by it.
If other requirements imposed in court which are subject to consideration according to the procedure of administrative legal proceedings are not jurisdictional to this court, the judge returns the action for declaration regarding such requirements according to Item 2 parts one of article 135 of this Code.
3. Court, having determined during preparation of civil case for legal proceedings or legal proceedings on civil case that it is subject to consideration according to the procedure of administrative legal proceedings, takes out determination about transition to consideration of the case on rules of administrative legal proceedings.
Persons participating in case are the parties, the third parties, the prosecutor, persons who are taking a legal action behind protection of the rights, freedoms and legitimate interests of other persons or entering process for the purpose of making the conclusion on the bases provided by Articles 4, of the 46 and 47 of this Code, applicants and other interested persons for special proceeding.
1. Persons participating in case have the right to get acquainted with case papers, to do statements of them, to make copies, to declare branches, to produce the evidence and to participate in their research, to ask questions to other persons participating in case, to witnesses, experts and specialists; declare petitions, including for reclamation of proofs; offer explanations for court in oral and written form; give the arguments on all questions arising during legal proceedings, object concerning petitions and arguments of other persons participating in case; receive legal notifications and other judicial notices, and also court decrees and their copies on paper or in electronic form, including in electronic form; appeal court decrees and use other procedural law granted by the legislation on civil legal proceedings. Persons participating in case shall have honesty all procedural law belonging to them. In the presence in court of technical capability access to case papers in electronic form on the Internet by means of the information system determined by the Supreme Court of the Russian Federation, Judicial department under the Supreme Court of the Russian Federation can be provided to persons participating in case.
1.1. Persons participating in the case having the right to bring documents in electronic form into court, including in form of an electronic document, signed by the digital signature according to the procedure, established by the legislation of the Russian Federation.
1.2. The persons participating in case, having the right to bring other documents in electronic form into court including in the form of the electronic documents executed by specified persons or other persons, bodies, the organizations. Such documents are carried out in the form established for these documents by the legislation of the Russian Federation, or in a free form if the form for such documents is not established by the legislation of the Russian Federation.
2. Persons participating in case perform the procedural duties established by this Code, other Federal Laws. In case of non-execution of procedural obligations there come effects, stipulated by the legislation about civil legal proceedings.
Civil standing in court is recognized equally for all citizens and the organizations having according to the legislation of the Russian Federation rights to judicial protection of the rights, freedoms and legitimate interests.
1. Capability the actions to perform procedural law, to carry out procedural obligations and to charge conducting case in court to the representative (civil procedural capacity to act) belongs in full to the citizens who reached age of eighteen years and the organizations.
2. The minor can personally perform the procedural law and carry out procedural obligations in court since marriage or the announcement its sui juris (emancipation).
3. The rights, freedoms and legitimate interests of minors aged from fourteen up to eighteen years, and also the citizens limited in capacity to act protect in the course of their legal representatives. However the court shall recruit in such cases of minors, and also the citizens limited in capacity to act.
4. In the cases provided by the Federal Law on the cases arising from civil, family, employment and other legal relationship, minors aged from fourteen up to eighteen years have the right to protect personally in court the rights, freedoms and legitimate interests. However the court has the right to recruit in such cases of legal representatives of minors.
5. The rights, freedoms and legitimate interests of the minors which did not reach age of fourteen years, and also the citizens recognized incapacitated if other is not provided by this Code, protect in the course of their legal representatives - parents, adoptive parents, guardians, custodians or other persons to whom this right is granted by the Federal Law. However the court has the right to recruit in such cases of the citizens recognized as incapacitated.
1. The parties in civil legal proceedings are the claimant and the defendant.
2. Person for the benefit of whom case is begun according to the statement of persons which are taking a legal action behind protection of the rights, freedoms and legitimate interests of other persons is informed by court on the arisen process and participates in it as the claimant.
3. The parties have the equal procedural law and perform equal procedural duties.
1. The claimant has the right to change the basis or subject of action, to increase or reduce the size of claims or to refuse the claim, the defendant has the right to recognize the claim, the parties can end case by the voluntary settlement.
2. The court does not accept refusal of the claimant of the claim, recognition of the claim by the defendant and does not approve the voluntary settlement of the parties if it contradicts the law or violates the rights and legitimate interests of other persons.
3. In case of change of the basis or subject of action, increase in the size of claims the current of term of the consideration of the case provided by this Code begins from the date of making of the corresponding legal proceeding.
1. The claim can be made in court jointly by several claimants or to several defendants (procedural partnership).
2. Procedural partnership is allowed if:
1) matter in issue are common laws or obligations of several claimants or defendants;
2) the rights and obligations of several claimants or defendants have one basis;
3) matter in issue are the homogeneous rights and obligations.
3. Each of claimants or defendants in relation to other party acts in process independently. Accomplices can charge conducting case by one or several of accomplices.
In case of impossibility of consideration of the case without participation of the codefendant or codefendants in connection with nature of disputable legal relationship the court involves its or their in participation in case on the initiative. After involvement of the codefendant or codefendants preparation and consideration of the case are made from the very beginning.
1. The court by preparation of case or during his trial in Trial Court can allow according to the petition or with the consent of the claimant replacement of the inadequate defendant with proper. After replacement of the inadequate defendant ought preparation and consideration of the case are made from the very beginning.
2. If the claimant does not agree to replacement of the inadequate defendant with other person, the court considers case on the made claim.
1. The third parties declaring independent requirements concerning matter in issue can go into action before adoption of the court decree by Trial Court. They have all rights and perform all duties of the claimant, except for obligations of observance of claim or other pre-judicial procedure for dispute settlement if it is provided by the Federal Law for this category of disputes.
Concerning persons declaring independent requirements concerning matter in issue, the judge takes out determination about recognition by their third parties in case in point or about refusal in recognition by their third parties about which the private complaint can be made.
2. In case of the introduction to the third party declaring independent requirements concerning matter in issue, consideration of the case is made from the very beginning.
1. The third parties who are not declaring independent requirements concerning matter in issue can go into action on the party of the claimant or defendant before adoption of the court decree by Trial Court in case if it can affect their rights or obligations in relation to one of the parties. They can be attracted to participate in case also on the petition of persons participating in case or at the initiative of court. The third parties who are not declaring independent requirements concerning matter in issue have procedural law and perform procedural obligations of the Party, except for the rights to change of the basis or subject of action, increase or reduction of the size of claims, abandonment of claim, recognition of the claim, and also at presentation of the counter action and the requirement of forced execution of the judgment.
At the same time the third parties who are not declaring independent requirements concerning matter in issue, having the right to act as participants of the voluntary settlement in cases if they acquire the rights or to them the obligation under the terms of this agreement is assigned.
About the introduction to the third parties who are not declaring independent requirements concerning matter in issue determination of court is taken out.
2. In case of the introduction in process of the third party who is not declaring independent requirements concerning matter in issue, consideration of the case in court it is made from the very beginning.
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