Recognition of the claim - the consent of the defendant with the stated requirements of the plaintiff, which, as a rule, leads to a decision to satisfy the claim.
Recognition of the claim by the defendant can be made in court on various grounds.reasons: groundlessness of the defendant's objections and (or) belief in the fairness of the plaintiff's claims, complete or partial voluntary waiver of the defendant's subjective right in favor of the plaintiff, unwillingness to continue the dispute, and others.
Recognition of a claim in court: general provisions
Recognition of a claim is distinguished by form and content. In form, this may be a separate written statement of the defendant or oral.
The acknowledgment of the claim, drawn up by the application in writing, is attached to the case file, as indicated in the minutes of the court session. The recognition of the claim, stated by the defendant orally, is recorded in the minutes of the court session. The record in the minutes of the court session is confirmed by the signature of the defendant.
In any case, the defendant's oral or written statement on the recognition of the claim must be brought to the court. Therefore, if the defendant agreed with the plaintiff's substantive legal requirements, for example, only in a written response to the claim, such a document will not be a recognition of the claim, but should be evaluated by the court along with other evidence when resolving the case on the merits.
A simple confession is an unconditional acceptance of a claim.
Qualified, on the contrary, is always done with reservations that do not allow the plaintiff's claim to be considered indisputable. For example: the defendant in court acknowledges the existence of a loan agreement between him and the plaintiff, but claims that he returned the claimed amount without receiving a receipt from the plaintiff confirming the return of funds.
Recognition of a claim should be distinguished from recognition by a party of the circumstances on which the other party bases its claims or objections (Part 2 of Article 68 of the Code of Civil Procedure of the Russian Federation). For example: the defendant acknowledges the conclusion of the transaction, but does not recognize the amount of debt claimed by the plaintiff.
Recognition of a claim as a unilateral action of the defendant should also be distinguished from a settlement agreement. In this regard, the parties to the process should be careful when drawing up their agreements.
For example: if, according to the conditions contained in the settlement agreement, the defendant fully, unconditionally recognizes the claims of the plaintiff and undertakes to repay the existing debt to the creditor in the amount of the claim price, it seems erroneous to formalize such an action by a settlement agreement due to its obvious unilateral nature.
If the rights and legitimate interests of the defendant are protected in court by his representative and the defendant does not personally take part in the process, it should be noted that the recognition of the claim refers to separate procedural actions that, in order to be performed by the representative in court, must be specifically stipulated in the power of attorney.
Consequences of admitting a claim
The recognition of the claim is assessed by the court in conjunction with all the materials available in the case and taking into account the circumstances of the case clarified in the trial.
The voluntariness of the actions is clarified by questioning the defendant. In the course of such a survey, the court establishes: the presence or absence of conditions for recognizing the claim; the absence of circumstances that force the defendant to admit the claim; the presence of diseases that prevent understanding the meaning of procedural actions; understanding the meaning of the content of claims and the consequences of the commission of a procedural action.
Claims for the recognition of rights or their absence are widespread in legal practice. A fair amount of cases heard in courts are based on them. Despite the fact that they belong to the same category, they also have differences.
What is a claim
A lawsuit is one of the legal means of protecting one's rights. They are called statements with which organizations and citizens go to court. In the civil process, there are 2 more categories: court orders and statements in special proceedings.
Claims for recognition are just considered in civil proceedings by sending an application. The vast majority of participants are citizens who are not engaged in commerce.
Similar claims are also considered by arbitration courts in cases affecting the interests of entrepreneurs and organizations. If at least one participant is an individual who is not engaged in business, the materials are transferred to the district court of general jurisdiction.
A lawsuit is a document in which the plaintiff or a person who believes that his rights are not recognized or disputed, asks the court to restore them or recognize them, as in our case.
The reasons for the statement are both the impossibility of agreeing among themselves, and the fact that the parties did not agree on their problem; in other situations, a claim is a formality that cannot be dispensed with.
Why a suit for recognition is the only way
Recognition of the right is sought through the courts. In order to cancel illegal registration, one should file a claim for recognition of the decision to conduct it as invalid. There are no other ways to challenge the entry.
Registration is the recognition by the state of the result of the transfer of rights, therefore the plaintiff must prove the illegality of the actions that preceded it.
All disputes with the registration of rights to real estate are included in the category of "civil disputes" considered in lawsuit proceedings.
Similarly, the absence of the right of a person claiming property is proved.
If the application to the court is related to the actions of the registration authorities and it does not dispute the right of ownership or possession, all the same, the court is held as part of a civil process by filing a claim.
In which court are
The country has general and arbitration courts. The system of general courts includes district and world courts. The second category deals with the proceedings, the price of which is not more than 50 thousand rubles.
Due to the size of the assessment, a claim for recognition of ownership of a person or entity is heard in a district court, not a magistrate's court. The division of cases between district courts and arbitrations has already been described above. They also serve as the first resort.
Property title cases are dealt with by location. An exception is provided - inheritance disputes about real estate are resolved at the place of opening of the inheritance. If there are several objects, then by the location of one of them.
on the recognition of rights
Claims for recognition are based on a single scheme:
- the name of the court to which they are applying;
- name of the plaintiff, his full name, if the party is a person;
- name of the respondent organization or full name if the party is a person;
- third parties (authorities, organizations, individuals);
- statement of circumstances, references to evidence confirming the violation or non-recognition of rights;
- court requirements;
- list of documents attached to the claim;
- date, signature of the plaintiff.
There are processes where claims are brought mutually by both parties. Instead of a counter-application, the other party has the right to file an objection with the court.
Third parties are involved in connection with the fact that their interests may be affected. For example, the recognition of the right to housing affects everyone who lives there, in particular children.
State bodies are also often involved as third parties, for example, on recognition of the right, they become the municipality or the local property department.
The registration service becomes a regular participant in the processes, since claims for recognition directly affect them.
They are not formally considered direct participants in the dispute. But their arguments can seriously affect the outcome of the dispute, the violation of their rights is a sufficient reason to cancel the decision. In particular, if the dispute was considered without calling them.
Circumstances - the circumstances of the violation of his rights and who is to blame for them.
Claims - measures that the plaintiff asks to take to protect his rights. We will talk about them in more detail below.
The list of documents indicates their name and details. The date, surname, initials, signature are put at the bottom - without them, the papers are considered not properly executed.
If something is wrong in the claim, it will be returned to the sender with a description of the errors made. Time is allotted for correction (the judge gives two to three weeks).
How to make requests correctly
The request for recognition of a right may be mixed with other requirements. They must be in the correct sequence, otherwise the requirement for recognition does not make sense.
For example, at first, and then the recognition of the right of ownership or use is put, etc.
A claim for recognition of ownership may include one or more claims. A long list does not necessarily mean the complexity of the circumstances of the case and vice versa.
The remedy is chosen by the applicant, the judge has no right to go beyond the scope of the application.
People, not having enough knowledge, draw up a claim according to samples and make mistakes. For example, instead of a request to oblige to transfer, they write “reclaim property” or “recognize the right to a house.” Therefore, no claims can be made against the judge here.
The court decides on the basis of what is written in the lawsuit, and not in the law. Such judicial acts are unrealistic to execute, they are useless. Recognition claims are not always as easy to draw up as they seem.
The requirement for recognition of rights should be as clear as possible and based on the law, i.e. the wording is directly copied from the code. The description of the object is taken from the cadastral passport or other official document.
How do the parties express their attitude to the claim
The process of recognition of rights often turns into a real battle. The absence of a dispute gives hope for a statement of recognition of the claim from the other side.
State or municipal authorities more often leave everything to the discretion of the court, noting that they have no objections. Their representatives may object by writing a letter, but not appear at the meeting. standard approach.
The court, having evidence of notification of the party about the time of the meeting, has the right to decide the case on the merits without the other party. The absence of objections from the second party does not automatically guarantee a positive decision. The plaintiff must first of all have suitable evidence and serious arguments.
The acknowledgment of the claim is itself secondary. The court is obliged to find out whether there is a violation of someone's rights behind this, it is not obliged to accept it automatically. What is it connected with?
Imitation of the dispute serves as a means of illegal alienation of property. Formally, a decision that has entered into force cannot be challenged or ignored. This applies both to the parties to the dispute and to all others who did not participate in it, in particular the state and municipalities.
Another reason is the unfair actions of guardians with the property of the wards.
Objections are sent to the court in writing. The participant has the right to speak orally. Written wording: "I ask you to reject the claim in whole or in part." There is no such thing as invalidating a claim.
Illegal transaction and recognition of the right
At all times, real estate was considered a particularly valuable object. It is beneficial to invest the available funds in it in order to at least save them. Deception, delusion, violation of the law by officials or other persons can lead to the loss of rights to it. By the way, this applies to citizens whose inheritance was disposed of illegally when they were not yet 18 years old.
What's left to do? Submit a claim to the court for together with the recognition of the contract as invalid, ask to cancel the registration records and then recognize the ownership of the plaintiff.
Having collected the documents, it is quite realistic to get the court to agree with such requests.
Legal entities, whose property was disposed of in the same way illegally, have the right to file a lawsuit with the court to declare the contract invalid. One example is when directors exceed their authority by conducting transactions without the approval of shareholders or owners, as required by the articles of association or memorandum of association.
An important point: the absence of a request for the application of the consequences of the invalidity of the transaction makes the court decision meaningless. What is included? For example, to impose an obligation to transfer the object, to release it, to recover an amount equivalent to the price of the object if it is lost, or to compensate for damage from its damage.
Land disputes
They concern various aspects, and the claim about - only one of them.
What is it about?
- recognition of the right to receive a plot for use;
- recognition of the right to transfer ownership (privatization);
- establishment of an easement (the right to use someone else's property);
- disputes with authorities about lease agreements;
- disputes about the legality of the decisions of the authorities on the transfer of land for use, ownership, etc.
When it comes to ownership, there are no fewer options. These are disputes between individual citizens related to transactions, the distribution of inheritance, etc.
Lawsuits are filed due to the unwillingness of the authorities to carry out registration procedures, challenging the rights of citizens.
Difficulties also arise for people who bought land or received it for free from the state in the early 90s, but did not complete it for some reason. They are forced to file a lawsuit to recognize the sale and purchase transaction as valid due to the fact that in the past they did not register the contract.
By the way, virtually all disputes related to land are classified as civil cases, in particular, disputes about the legality of the decision of the authorities to transfer land.
An explanation is given in a special letter of the Supreme Court of the Russian Federation on the delimitation of administrative and civil judicial jurisdiction.
Housing disputes
- recognition of the right to use the premises;
- a claim for recognition as having lost the right to use the premises;
- transfer of residential premises to non-residential and non-residential - to residential;
- recognition of the right to privatization.
Recognition of the right of use concerns both private owners and the state and municipalities. People, wishing to obtain housing, find out that they do not have a complete package of documents for a social contract of employment. Without it, the privatization of the apartment will not work.
Exit for the recognition of the right to reside on the basis of social employment. Having received a judicial act, they draw up a social lease, and then the right of ownership in the order of privatization.
If a person has moved to another premises for a long time, he loses the right to reside in the previous one, unless, of course, he has a share there as an owner.
Unauthorized construction, refurbishment
Citizens, unwilling to plunge into lengthy, complex bureaucratic procedures, find themselves in a dead end after building a house without permission or refurbishing an apartment.
If the house is located on a land plot owned, which was issued for the construction of housing, there will be no difficulties.
A declaration for registration of ownership is submitted, accompanied by a certificate from the municipality confirming that the building does not go beyond the boundaries of the site.
If the declaration is denied, you can apply to the court with a request to recognize the ownership of the house. The basic basis is the ownership of the land and everything that is on it.
The declaration is checked only in terms of filling in all the columns, the signature and the required number of copies (2 pcs.).
With apartments, everything is more complicated:
- the signatures of the co-owners of the house are collected on consent to the re-equipment (best of all - the minutes of the meeting of the residents of the house, where at least 2/3 of the owners were present);
- an inspection of the reconstructed object is assigned;
- an application for approval is submitted.
With the decision of the general meeting, the results of the survey, the refusal from the urban planning department, a lawsuit is filed with the court. Recognition of ownership of a reconstructed or converted apartment with an indication of the address, area, number of rooms - an approximate formulation of the requirement.
How to convert non-residential premises to residential
If a person owns non-residential premises, how to change his status?
A claim for recognition of ownership of the apartment would be a wrong move.
For this purpose, an administrative procedure is provided:
- an interdepartmental commission is being formed;
- accepts an application for recognition of the premises with the attached documents;
- The commission adopts a conclusion based on the collected materials.
The commission is formed by the local department of architecture and urban planning, it includes employees of the SES, the fire inspectorate, and other bodies, based on the need. What list of documents is submitted?
- certificate of ownership;
- technical or cadastral passport;
- conclusion of the design and survey organization;
- renovation project.
The commission adopts a conclusion that forms the basis of the decision of the administration. If she refuses to change the status of the premises, is a claim filed? Recognition of the premises as residential does not require this. How to proceed?
There is no point in formally complaining about the conclusion, the courts note that this is an interim document. Claims are accepted and considered against the decision of the administration to refuse to transfer the premises from non-residential to residential. With the participation of experts and the administration, the application and all materials are examined.
The powers of the court are limited, it only has the right to recognize the decision of the administration to refuse illegal. If you ask in this case to recognize the premises as residential, the claim will be rejected.
The commission, as a rule, after the trial does not refuse.
Registration of the inheritance
A claim for recognition of the right in the order of inheritance may be the only way to formalize the inheritance property after the death of the owner. Why is this happening? The person either did not have time to complete the process (for example, died before the transaction was registered), or postponed everything for later.
Going to court is required due to the fact that the notary performs his actions, having only a complete set of documents. If at least one paper is missing, the client is sent to court.
For example, a citizen died before receiving a certificate of ownership of real estate. There are two ways out of the situation:
- a claim for the inclusion of a site in hereditary property (before six months have passed after death);
- claim for recognition of ownership of the object (after 6 months have passed).
The notary explains what is necessary and issues a refusal to conduct a notarial act. It serves as evidence in the need for a claim. Without a refusal on hand, a person will not achieve the opening of a case.
If the property was transferred from heir to heir and it was not formalized to the end, then the last heir, having proved the fact of acceptance of the property by each of his predecessors, asks the court to recognize his ownership right.
Recognition of the right in the order of inheritance may arise due to a dispute between the heirs of both the same line, and those who belong to different lines. One of the examples.
The court is asked:
- recognize a citizen as an unworthy heir;
- cancel the certificate of inheritance;
- property ownership records;
- recognize the right of ownership (hereinafter, information about the property is listed).
Interestingly, the heir who actually accepted the inheritance may not formalize it because of his or the deceased's debts. The bailiff has the power to ask the court to recognize the debtor as having accepted the inheritance and his ownership. Then send documents for registration. It turns out that the right can be recognized without the participation and desire of the owner.
Acquisitive prescription
Possession of residential or non-residential real estate for 15 years is a way of recognizing the right of ownership due to acquisitive prescription:
- possession is carried out openly as own property;
- the owner did not enter into an agreement with anyone giving the right of possession;
- the owner has no reason to believe that he has no right to the object;
- the property is someone else's or its owner is unknown.
Good faith means that the house was not occupied against the will of the original owner.
The courts are guided by two approaches in assessing good faith:
- lack of requirements to vacate the premises by the former owner;
- legal grounds for occupying the premises.
If there are no documents confirming the transfer of real estate, then the plaintiff will be denied his request.
Recognition of a claim in court on acquisitive prescription today resembles a lottery in which there are no guarantees.
A somewhat different form is the recognition of the fact of good faith possession. The difference is that an application is submitted to establish the fact of good faith possession.
Interested persons are a local government body or a department of property relations, as well as a department of Rosreestr.
An application to the court is the only way to get around the Rosreestr's refusal to recognize the rights of the owner.
If the court agrees with the arguments, registration of the right is made.
The provisions on acquisitive prescription do not work with land. According to the LC, lands that do not have an owner are considered state lands. It makes sense to file claims for the recognition of rights to a house, or building, or premises. Their owner has the right to privatize the land under them.
Recognizing in whole or in part the claim, the responding party agrees with the claims of the plaintiff. The legal consequences of the recognition of claims are a court order to satisfy the plaintiff's application.
About the concept
The defendant may declare recognition of the claim throughout the trial, in writing and orally. Application for recognition of claims - the will of the defendant, the main purpose of which is to end the dispute with the plaintiff. The statement of consent with the requirements put forward by the opposite party, expressed in writing or orally, takes place under the control of the court.
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Attention! Recognition of the statement of claim by the responding party must be unconditional. This is important to take into account, since in the future the consequences of recognition can be both positive and negative.
Indisputable recognition - the full consent of the responding party with the facts set forth in the claim document. Recognition by content happens:
- Complete.
- Partial.
- Simple. A simple confession is the consent of the defendant on all points of the charges brought.
- qualified. Such recognition implies the existence of reservations challenging the indisputability of the claims made.
The consent of the defendant with the circumstances of the case does not mean recognition of the claim. Thus, the defendant may acknowledge participation in the transaction, but disagree with the amount of the debt required by the plaintiff. Also, when making an agreement recognition of a claim should be distinguished from the conclusion of a settlement agreement, which is definitely one-sided.
Recognition of a claim is a separate procedural action, therefore, with the participation of a representative of the defendant in the process, the possibility of recognition is negotiated and included in the power of attorney.
Declaring in court the recognition of the claim, the defendant declares full or partial agreement with the requirements put forward. If recognition does not contradict the law and does not violate civil rights, the court must satisfy the claims without examining the evidence presented and explanations of the parties on the essence of the conflict.
The document on consent with the requirements of the claim is submitted in writing. The defendant may recognize the legitimacy of the claims at any stage of the trial.
The statement must state:
- understanding of the relevant articles of the Code of Civil Procedure and APC of the Russian Federation;
- understanding the consequences of one’s own actions and court decisions, since after a court decision is made, the issue is finally closed and not reviewed.
Note! The defendant does not have the right to annul the application after it has been submitted to the court, but may file an appeal indicating the reason that led to the recognition of the claim.
Sample 2020
.Consequences
The participation of the judiciary in the consideration of claims provides the defendant with the opportunity to:
- fully or partially agree with the claims of the plaintiff;
- appeal the decision of the court to a higher court.
Recognition of the plaintiff's claims leads to consequences that you should be aware of:
- Fulfillment of claims.
- Unconditional agreement with the content of the court order.
- Possibility of early termination of the process.
- The possibility of softening the decision of the court.
- from the subsequent challenge of the decision of the court.
These circumstances are binding and come into force after the end of the trial.
The positive side of the recognition of the claim in the absence of the defendant and the defense of reasoned arguments pointing to the innocence of the defendant, is as follows:
- the possibility of reducing the sentence;
- obtaining a deferment;
- early termination of the trial and the conclusion of a settlement agreement.
Recognition of a claim in the course of an arbitration process considering issues of entrepreneurial and economic activity, in contrast to a civil process, may lead to criminal or administrative liability.
The disadvantages of admitting a claim are court rulings when concluding settlement agreements between the parties, since defendants often refuse to fulfill their obligations in the absence of court decisions.
Grounds for non-acceptance by the court
In some cases, the court does not give permission to conclude a settlement agreement and does not accept applications for waiving the claim. The most common cases involve:
- with a threat to life, etc .;
- for example, with an agreement between the former spouses, the case is not automatically terminated, since the interests of minor children are affected in it.
In arbitration and civil proceedings, the court does not confirm the recognition of the claim by the defendant if it leads to a violation of the law and the rights of citizens. The defendant is given the opportunity to prove to the court that the admission of claims does not violate the law and does not harm people.
Judicial practice on the cancellation of recognition of a claim
Examples of judicial practice - court decisions (Article 39 of the Code of Civil Procedure of the Russian Federation):Decision in the case of the Marx City Court of General Jurisdiction of the Saratov Region dated 09.02. 18, Mr. Marx.
The lawsuit was filed by an inter-district prosecutor in order to protect the interests of an indefinite group of persons in a secondary school with. Privolzhskoye, Marksovsky district. in the assignment of responsibilities for the creation of an electronic library in this educational institution.Based on the facts stated in the application, the plaintiff asked the court to oblige the defendant to create a digital library by September 1, 2020.
The person representing the defendant in the person of the director of the secondary school with Privolzhskoye Shashlov M. was notified of the time and place of the court session, but did not appear in court and provided a written statement on the recognition of the plaintiff's claims and the conduct of the case in her absence.
Based on Art. 39 of the Code of Civil Procedure of the Russian Federation on the right of the defendant to recognize the claim and the right to receive this recognition by the court, as well as on Article 173 of the Code of Civil Procedure of the Russian Federation, the court satisfied the claims of the plaintiff.
Decision in the case dated 07.15, Barnaul.
The case on the claim of Botvinov A.V. To Polonsky A.The. on the return of debt under a loan agreement.
A loan agreement for the amount of 200 thousand rubles was concluded between the plaintiff and the defendant. and set a return date. The terms of the contract were violated by the defendant - the money was not returned on time.
In the course of the court case, the representative of the defendant acknowledged the petition of the plaintiff and submitted a corresponding written statement.
Like most modern states, the Russian Federation is a legal country. All issues in its territory are regulated by the rules of the pava.
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If there are disputable, and sometimes conflict situations, their settlement is carried out through the courts. There are two parties involved in litigation, the plaintiff and the defendant.
Initial Information
Due to the fact that in disputable situations the court intervenes in resolving a conflict of interest, the requirements of only one of the parties are satisfied.
In other words, the court issues a ruling that satisfies the claims of the plaintiff, or completely exempts the defendant from the claims of the applicant.
But there are also controversial moments when the court makes a decision satisfying the interests of one party, while not infringing on the rights of the defendant or plaintiff.
If a decision is made that does not satisfy the defendant's petitions, then he will either have to appeal the court decision, or completely reconcile with the verdict and act in accordance with the procedure established by the court to compensate for damages or other compensation to the plaintiff.
As practice shows, most of the cases where the defendant agrees with the decision turn into certain consequences for him.
Key Concepts
Before exploring in more detail the essence of the issue regarding the consent of the defendant with the decision and the consequences for it, it is necessary to consider some concepts:
Given these concepts, it is possible to study in more detail the possible consequences for the defendant after agreeing to the judgment.
What can be affected
The consent of the defendant with the materials of the trial and the ruling issued by the court may affect a number of certain points. You should familiarize yourself with them in more detail:
- if agreed, the defendant fully admits his guilt;
- over time, this may affect the softening of the ruling;
- full acceptance of responsibility obliges the defendant to fulfill the legal requirements of the plaintiff;
- not contesting the court decision obliges the defendant to fully comply with the text of the adopted court decision;
- agreement with the judgment does not give the defendant the opportunity to appeal.
All these points are directly affected by the full consent of the defendant with the court order.
Legal framework
The settlement of the issue regarding the adoption by the defendant of the decision is regulated by the following regulatory legal acts of the Russian Federation:
- Decree of the Plenum of the Supreme Court of the Russian Federation dated 11.12.2012 No. 29 “On the application of civil procedural legislation by the courts”;
- Federal Law No. 188 of December 17, 1998 “On Justices of the Peace in the Russian Federation”;
- Federal Constitutional Law No. 1 dated February 7, 2011 “On Courts of General Jurisdiction”;
- Civil Procedure Code of the Russian Federation Article No. 131;
- Civil Procedure Code of the Russian Federation Article No. 132;
- Civil Procedure Code of the Russian Federation Article No. 46.
Based on the texts of these documents, the activities of the courts, the issuance of decisions, as well as the full or partial admission of guilt by the defendant to the claimant are regulated.
Consequences of admitting a claim
Due to the fact that most cases in the Russian Federation go through the courts, the defendant has the opportunity to accept the decision, or appeal it to a higher court.
However, it is impossible to do without a qualified defense for appeal. That is why most of the claims are recognized as valid.
Consider the main consequences of the recognition of the statement of claim by the defendant:
- Fulfillment of the legal requirements of the plaintiff.
- Full agreement with the text of the decision.
- Possibility to complete the commenced litigation ahead of time.
- The need to comply with all requirements in accordance with the ordinance.
- Possibility to mitigate the final judgment of the court.
- Waiver of subsequent appeal of the judgment.
All these consequences apply to citizens who have been held accountable at the request of the applicant.
In this case, almost all of them are binding and should begin to be executed immediately after the end of the trial.
Features in different occasions
For each individual court session and the case under consideration, some features of agreement with the statement of claim may actually emerge. Let's consider some of them in more detail:
- Quite often, an admission of guilt commutes the sentence;
- full repentance and recognition of the claim may allow for a reprieve;
- depending on the nature of the case, the recognition of the claim may affect the closure of the trial and the settlement of the issue amicably;
- in some cases, the full recognition of the claim guarantees certain opportunities to the defendant;
- full recognition of the claim, depending on the case, may release the defendant from certain obligations.
All of these points should be taken into account, especially if neither you nor your defense have presented well-reasoned arguments for the case to end in favor of the defendant.
In arbitration (APC)
The Arbitration Court of the Russian Federation deals with the settlement of issues of citizens of the Russian Federation regarding economic and entrepreneurial activities.
Here, the recognition of the statement of claim may automatically entail the imposition of criminal or administrative liability.
However, the full recognition of the claim looks before the court as an act of repentance and can contribute to a significant mitigation of punishment.
In civil procedure (CPC)
Civil cases, as a rule, are dealt with by magistrates' courts and courts of general jurisdiction. Here there is extremely caustic criminal responsibility, and not so often administrative.
The whole case is based on the fact that the plaintiff requires through the court the fulfillment of his legal requirements by the defendant, who in every possible way evades these actions.Full recognition of the claim in this case guarantees the plaintiff the execution of his requirements. In this case, the trial may be completed without any decision, if the parties agree.
Nuances in the settlement agreement
In the event that the case before the court ends before the decision is made, with the full recognition of the statement of claim by the defendant, there are some nuances:
- if a settlement agreement is accepted, then the retrial of this case will be rejected;
- if the parties have reached a common agreement during the trial, the court may issue a ruling that satisfies the interests of both parties;
- when accepting a statement of claim by the defendant, it is possible to mitigate the claims of the plaintiff, which the court can help;
- in amicable agreement, an appropriate document is signed in the presence of the court, guaranteeing the fulfillment of the interests of the plaintiff by the defendant.
As a rule, these are the main nuances that the parties may encounter in litigation and settlement during the hearing.
Advantages and disadvantages
Fully agreeing to the claim has a number of advantages and a couple of disadvantages, namely:
- Opportunity to end litigation early.
- Satisfying the interests of both parties.
- Issuance of a more lenient ruling for the defendant.
- Obtaining by the plaintiff what was requested from the defendant.
- Observance of all rights and opportunities of the defendant.
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