Right today is the main regulator of public relations. This fact allows you to more effectively coordinate the life of all, without exception, people and their group associations. Of course, this state of affairs did not always exist.
Initially, public relations were regulated by religious norms or banal violence. Over time, the effectiveness of these two coordinators decreased significantly, which led to the need to modernize the law. In this case, it should be noted that the legal sphere of activity is most manifested at the time of a direct dispute. In ancient times, any problems between people were resolved by force using weapons. Today, such a solution to the dispute is condemned by society and is recognized as unlawful.
An alternative to force and weapons were special authorities whose goal is to objectively resolve disagreements between people. Courts can be called such bodies. Almost any person can apply to them in the order of administrative, criminal, economic and other type of production. The industry closest to the everyday life of society is the civilian one. Therefore, most disputes are resolved in civil proceedings. In this case, you can start a trial only after filing a lawsuit. Therefore, in the article we will consider the concept and elements of a lawsuit in a civil process.
What is a lawsuit?
Appeal to the court in civil proceedings is an action that is complex. That is, it represents a whole system of various kinds of legal facts. As a rule, the civil procedure for the settlement of a dispute involves filing a claim with the appropriate authority. But what is a lawsuit and its structural elements? In the scientific community, the presented category is distinguished as the presented requirement of one person to another due to the protection of substantive law. In this case, it should be noted that the concept of a claim is not fixed in legislation. Therefore, most of the interpretations that explain this category are doctrinal, that is, someone issued. In this regard, the theory of civil procedural law has developed several views on the issues of the lawsuit.
Substantive interpretation
Elements of the claim, the lawsuit itself and the legal consequences that it gives rise to, according to the material view, this is the actual opportunity to satisfy their interests, which are provided for by applicable law. Thus, using the categories mentioned in the article, one can not only defend one's legitimate interests, but also change the previously existing legal status and state of affairs. To date, the presented interpretation is the most popular, because it explains not only the status of the claim in law, but also the consequences that it gives rise to. Nevertheless, this thesis is not a problem for considering categories from other angles.
Claim status
An application to the court gives rise not only to material consequences for a particular person. There are also certain procedural aspects of a claim as a legal category. This fact makes it possible to highlight the procedural and legal interpretation of the term. According to its provisions, a lawsuit is a way of exercising the right to appeal to a court of law.
The power is exercised with the aim of obtaining in the future an appropriate decision, which will be of a binding legal nature. The procedural law stipulates a lot of aspects that characterize directly the moment the lawsuit is filed, as well as the reasons for which the court may refuse to accept it.
The value of the elements of the claim
The structure of the application to the court plays a significant role. The bottom line is that the elements of the claim are its mandatory parts, the presence of which characterizes the submitted document as procedural. In the current legislation of Russia there are provisions that talk about the form of the application to the court. They are presented in article 131 of the Civil Procedure Code of the Russian Federation. But in the presented norm only certain details are fixed, which should be in the lawsuit. Its immediate elements are not mentioned in the code. Thus, the theory of the structure of the claim has a doctrinal character.
What are the elements?
To characterize the entire structure of the claim, it is necessary to understand the features of its individual aspects. As we found out, the elements of the claim are the constituent parts of the document, which are manifested not only in the mandatory details, but also in the information itself enclosed in the application. It should be noted that in the theory of civil process, there are many views on the issues presented. But, along with various theories, there is the most classic view of the structure of the statement of claim. Thus, we can distinguish the following elements of the claim in the civil process:
Each of the presented elements has a strictly individual value for the claim and its legal status. In addition, differences can also be seen in the information provided in the components of the application.
Content of the claim
The very first element of a statement in a civil proceeding is content. It should be noted that this part of the claim includes important aspects for further consideration of the case. Thus, the content of the application is a specific type of judicial protection. That is, directly in the content, the plaintiff indicates the method that he will use to protect his own interests and rights. There are a large number of methods that allow you to defend your own legal capabilities. These include:
- the performance of certain actions;
- abstinence from certain actions;
- recognition of legal relationship;
- fixing specific rights and obligations of the parties;
- termination of existing legal relations between the parties;
- change in existing legal relations, etc.
Methods of protection are recorded in the current civil and civil procedural legislation of the Russian Federation.
Subject of application
The elements of the claim, or rather, their immediate system, incorporate such an interesting aspect as the subject. This structural part of the statement plays no less significant role than the content. The subject is the fact or phenomenon that the plaintiff asks the court to change, award or recognize. In other words, this element characterizes that in relation to which the proceedings generally take place.
The subject is often confused with the subject of the claim. However, these categories have the exact opposite meaning. In most cases, the subject is a legal relationship, and the object is the material purpose of the claim, that is, property, money, etc.
Grounds for action
We have previously pointed out the fact that the structure of a court statement includes three key elements. The last of these is the basis of the claim. This element is the most cumbersome array of information. The essence of the grounds is that the plaintiff substantiates his claims with real facts of reality. That is, he explains how disputed legal relations appeared and what his role in them is. To date, only evidence is explained in the basis. The plaintiff is not required to seek the legal norms by which his claim and the legal relationship are regulated. This action is carried out by the court, since it is he who must find out such information in order to determine their jurisdiction and jurisdiction.
Conclusion
So, we examined the concept of a claim and its elements, based on the provisions of the civil process. It should be noted that the structure of the application will be similar in other areas of justice. For example, elements of a claim in an arbitration process also include subject, reason and content. Thus, the process of applying to the court of another direction will be similar to the civil procedure branch.
This fact greatly simplifies the study of the legal form of legal proceedings, which allows us to generalize the doctrinal developments of scientists who have been studying the problems mentioned in the article for many years.