Art. 125 APC with comments

Art. 125 of the Code of Arbitration Procedure of the Russian Federation (current version) defines the rules in accordance with which an appeal is filed with a court that examines economic disputes. Let us consider the norm further in detail.

General information

What are the main requirements of Article 125 of the Code of Administrative Procedure of the Russian Federation? The submission of a claim must be in writing. The direction of the electronic document is allowed . For this, the interested person completes a special form posted on the official website of the court on the Internet. The corresponding page will specify the restrictions on the number of symbols of treatment and other rules. In addition, documents can be attached to the electronic form in digital format.

What information should the statement of claim contain?

Article 125 of the Code of Civil Procedure of the Russian Federation prescribes to include in the document:

1. The name of the court to whom the appeal is addressed.
2. The name of the plaintiff, the location of its location. If the appeal is sent by a citizen, it indicates the date and address of birth and residence, work or state registration in the status of the IP, contact information.
3. The name of the defendant, the place of his residence / stay.
4. Claims of the applicant. Reference is made to legislative and other regulatory documents. In point 4 of Part 2 of Art. 125 Agrarian and industrial complex is also indicated that in case of sending an application to several persons - the requirements to each subject separately.
5. The circumstances that served as the basis for the claims, the evidence supporting them.
6. The value of the claim, if it is to be assessed.
7. Calculation of the amount claimed or disputed by the interested entity.
8. Information on the applicant's compliance with the claim or other pre-trial order of the conflict settlement, if it is provided for by law or by agreement.
9. Information about the measures taken by the court to ensure property interests before the requirements are sent.
10. List of applications.

In the appeal it is necessary to specify and other information if it is required for the timely and proper consideration of the case. It may also contain petitions, including the demand for documents from the defendant or other entities. In Art. 125 clause 3 of the APC it is prescribed that the interested person sending the claims must send copies of the appeal and materials to all parties to the proceedings.

Explained

To initiate proceedings, the interested person draws up a statement of claim. Art. 125 The AIC determines the requirements under which the person's application will be accepted for consideration. The direction of claims, drawn up in accordance with the requirements of the norms, acts as the first and mandatory stage of legal proceedings. If the court finds that the appeal was not complied with, it can leave the claim without motion or return it to the applicant. In any case, the authorized body makes certain actions within the time period established by the standards. Article 125 of the Code of Arbitration (Arbitration Procedural Code) formulates requirements that must be observed by the person who directs the appeal. If the requirements for the subject are not met, unfavorable consequences occur.

Content

In the second part of Art. 125 APC identified information that should be specified in the circulation. First of all, they refer to the name of the court, which will consider the dispute. When choosing an instance, one should be guided by the general order of patrimonial and territorial jurisdiction. Mandatory, according to art. 125 APK, are information about the author of the appeal. As a rule, a person indicates all information about himself. Inclusion of contact information (phone number and e-mail address) in it will ensure the timely notification of the ruling. It is mandatory to indicate information about the defendant. The legal entity has the name, which contains information about its organizational and legal form. If the name is defined in a foreign language, you should indicate it in the form in which it is present in the constituent documentation. The location of the enterprise is determined by the state registration address. It is carried out at the address of the permanent executive structure of the legal entity, and if it is absent, the person authorized to act on behalf of the organization without a power of attorney.

An Important Moment

In accordance with Article 6 of Federal Law No. 129 regulating the procedure for state registration of legal entities and entrepreneurs, the information present in the USRP on the address of the residence of a particular entrepreneur can be provided by authorized bodies solely on the basis of a request. It is provided by the individual who presented the document proving his identity. In this regard, the courts need to take into account that the subject's appeal can not be left without traffic only because they were not provided with information on the place of residence of the defendant having the status of IP. The authority has the right to apply independently to the registration authority.

Requirements

Art. 125 The AIC determines that the content of the appeal must contain the claims of the subject to the respondent. The requirements of the person must be clearly stated. In connection with the fact that in the proceedings, as a rule, representatives of the parties participate, as a mandatory requirement of Art. 125 of the agrarian and industrial complex provides reference to the norms of law. If the court finds that the requirements are not clearly stated, it can offer the subject more precise information.

Circumstances-grounds

In the claim, the applicant must indicate the reasons for the claims, as well as provide evidence. This requirement reflects the order of proof. If, for example, a person asks for a loss, it must confirm a set of facts:

1. The basis that causes the emergence of liability in the form of compensation for losses. This could be a violation of the terms of the contract, tort, or other infringement of interests, which caused damage.
2. The causal relationship between the basis for the emergence of liability in the form of compensation for losses and the loss incurred.
3. The amount of damage.
4. The blame.

It should be noted that Art. 125 The AIC does not require the submission of all evidence when referring to circulation. The norm prescribes instructions on them. The collection of evidence can be carried out at the preparatory stage.

Price

The value of the claim is indicated if it is to be assessed. The price is determined by the requests:

1. On the recovery of money - based on the amount.
2. On the recognition of an executive or other document, the recovery of which is made in a non-acceptance (indisputable) order, not subject to sale. The cost is determined on the basis of the impugned amount.
3. On the reclamation of property or land. The basis for the calculation is the cost of objects.

The price also includes the amount of penalties (penalties, fines), as well as interest. The cost of an application consisting of several isolated claims is determined by the totality of all claims. The court must understand, from which the value that the plaintiff demands is composed. For example, the calculation of actual losses and interest for the use of foreign funds according to the rules of Art. 395 CC.

Additional Information

Art. 125 of the agrarian and industrial complex provides for the duty of the subject to indicate compliance with the claim or other pre-trial order of the settlement of the conflict. It can be provided directly in legislation or in a contract between the parties to the dispute. Accordingly, the court will consider the claim only after compliance with the order. The appeal also indicates the measures that were taken to ensure property interests before the start of production. In accordance with the 99th article of the agrarian and industrial complex, in the relevant definition the court sets a time limit of no more than 15 days. From the date of the issuance of this act, to file a claim on demand, concerning which preliminary interim measures were taken.

Apps

At the end of the statement of claim, the list of documents confirming the author's position is indicated. The person has the right to include in the request various petitions. For example, the subject may ask the court to demand from the defendant certain documents, if he himself does not have the opportunity to receive them. Often, an application for interim measures is included in the application. After listing all the applications, the signature and the number of the compilation are put. The appeal can be processed both by the plaintiff personally and by his representative. In the latter case, an additional document will be a power of attorney confirming the authority of the person. Its copy is included in the list of applications.

Distribution of materials

As an integral requirement, it is the duty of the applicant to send copies of his claims, as well as the documentation attached to him, to the other parties to the conflict, if it is not available from other participants. This need is related not only to ensuring the direct exchange of pleadings, but also to the disclosure of evidence that is attached to the court. In the agrarian and industrial complex the form of sending documents by the other party is established - the registered letter with the notice of delivery.

Conclusion

The AIC, like other procedural codes, establishes mandatory requirements for the statement of claim. They are necessary to ensure timely and proper consideration of claims, compliance with the principles of legality, equality in the administration of justice. Violation of the prescribed rules is expressed in the abandonment of treatment without movement. At the same time, by issuing a ruling, the court can establish a reasonable time for eliminating the shortcomings committed by the author. If, after this period, no corrections are made, the application will be deemed not to be filed.