Grounds, content and subject matter of the claim in Russian civil law

The claim is simultaneously a method of restoring the subjective right of a person and a necessary condition for the initiation of civil proceedings. At the end of the pre-trial proceedings, a person applies to the bodies, the level of which is determined by the jurisdiction in each particular case, to protect the interests secured by law. The plaintiff draws up a statement that must comply with the statutory form and contain an extremely specific and reasonable description of the nature and grounds of the person's claim.

In the Russian legislation there is no definition of the concept "claim", however this definition is used. According to the text of the Civil Code, there are two elements of the statement: the subject and cause of the claim. In the legal science there are discussions about the fairness of the allocation of such a component as the content for a given type of document.

Supporters of the idea of affirming this element as an independent reveal it as a court action desired by the plaintiff. Thus, the applicant can demand the award of a defendant (procedural opponent) to commit a particular act or to refrain from any activity - sanctioning a ban in the form of a court decision or order. Also, the plaintiff can demand recognition of the existence or absence of the legal relationship or its modification or termination.

The subject of the suit is understood by modern civilians in different ways. Some authors disclose this category as a contentious legal relationship, which must be resolved by the court at the request of the plaintiff. Other theorists understand the subject matter of the claim as a substantive dispute with which the applicant applies to the competent authorities. Finally, for the most part, experts treat the category as a specific claim of the plaintiff to the defendant, by which the court, as a result of analyzing the documents and evidence provided by the parties and regulating these legal norms, must make an informed and lawful decision.

The position of the last group of authors seems to be the most justified because it reflects the principle of adversarial nature of the parties in civil proceedings. The subject of the claim in this case is understood as the claimant's claim to the respondent, and the court acts as the arbiter, called to return relations of the participants of the dispute to the framework of the law. Such an understanding of the essence of the element under investigation is closest to the modern concept of the civil process.

The subject matter of the claim in the proposed interpretation is closely related to its content. The latter is defined as desired by the plaintiff for the actions of the court, and not the claim to the defendant. Proceeding from the fact that the applicant certainly expects a certain decision from the judge, taking into account the adversarial nature of the civil process, it is possible to draw a conclusion on the reasonableness of separating such elements as the content and subject matter of the claim as independent components of the appeal.

In addition to these, the basis for the application is also singled out. Under it is customary to understand the circumstances on which the demand is based. So, if the subject matter of the claim is an immediate request, the grounds constitute evidence of a violation of the law, legal and authorizing documents, other evidence of the validity and validity of the appeal.