In any civil proceedings requiring consideration by the courts, appear the two sides occupying diametrically opposed positions: the plaintiff and the defendant.In order to not further confusion in concepts, we give definitions for each of the parties.The plaintiff - a person who has applied to the courts to protect their own interests or violated rights.The enemy in such proceedings is the defendant.At the same time as both sides can act not only individuals, but also organizations that have legal status.Today we talk about who is a plaintiff, and which he has no right.
civil plaintiff
civil plaintiff considered legal or natural person to bring a claim for compensation for his material damage suffered as a result of a crime recognized as such by the decision of the investigator, prosecutor, bodies of inquiry and a court order.
To the victim was recognized as a civil plaintiff, you must have the following circumstances:
- must be reported on the basis of which it could be argued that the crime took place to be;
- as a result of criminal acts has suffered material harm resulting from the crime.
From the moment that the victim was recognized as a civil party, he becomes a full participant in the trial.Thus, the plaintiff - a person who has not only rights but also duties that are clearly regulated by current legislation.
Rights and obligations of the plaintiff
plaintiff in the civil proceedings has many of the rights provided by the law.
- First, the plaintiff must not only be legal, but capable, as well as mandatory must attend court hearings.If he can not attend the trial, should notify the court in advance.
- Like the defendant, the plaintiff has every right to get acquainted in detail with the case materials, make copies.This applies not only to documents pertaining exclusively to the plaintiff but also the fact that relate to the defendant.
- The plaintiff has the right to challenge, that is, to raise the question of the appropriateness of the involvement of any persons or materials in the trial in accordance with the reasons provided for by law.
- The plaintiff has the right to present evidence, ask questions to all participants of the process and to submit petitions.In particular, he may require the evidence presented, not only verbally, but also writing.Written application is always attached to the court case, and oral recorded in the minutes of the court session.
- plaintiff has a statutory right to provide reasonable arguments to have arisen in the course of the meeting issues of opposing the motion, provided by other persons participating in the trial.
exclusive rights of the plaintiff
In accordance with Art.39 Code of Civil Procedure of the Russian Federation, only the right of the plaintiff:
- make changes to the base, and also the subject of the claim;
- change the size of the requested compensation for the material in large and smaller side;
- completely abandon the claim, settlement.
Thus, the plaintiff - a person who has the exclusive rights.Let's touch on a little bit more detail these items and consider the basic nuances.
Changing the grounds or the subject of the claim
subject of the claim is that the plaintiff requests.Reason - circumstances which underlie the demand, combined with the evidence, which fully confirm these facts.
only the plaintiff has the legal right to change either the subject of the claim or the basis on which it was declared.But we should remember that in the case have been replaced and that, and another, then it will be a completely different claim to be considered in a different trial.
change in the amount of financial compensation
claimant in accordance with the existing law has the full right not only increase, but also to reduce the charges against earlier claims.
This request can be issued both in oral and written form and sent to court.Such a decision may be adopted for a number of reasons.In particular, if in the course of the meeting reveals that the amount in dispute is much less actually caused material damage.The reduction requirements - a very rare and is usually due to the understanding that a smaller amount of monetary compensation is much better than its absence.
plaintiff - a person who is a victim of an offense entailing moral, material or physical damage.
Disclaimer claim
plaintiff has the right to waive the claim previously (fully or partially) in both oral and written form.
If it was decided to complete failure, the judicial process ceases completely, as pronounced by a judicial determination.In the case of a partial failure of the trial continues, but only in the left part of the claim.
If the plaintiff decided to drop the case or the settlement agreement has been reached, it should be remembered that:
- re-treatment with the same wording of the claim, and it is impossible;
- legal expenses incurred by the claimant, the defendant should not be recovered;
- plaintiff to indemnify the defendant necessarily all incurred expenses associated with the conduct of the case.
Settlement Agreement
a friendly settlement may be conducted at any stage of the judicial proceedings.In particular, and in the revision of adjudication.
meaning of the settlement agreement is that the parties decide to give up part of their claims.But the right of litigants to reconcile in this way is not considered absolute.The court has no right to take from the failure of the plaintiff alleged action or accept a settlement agreement in the case, if it is contrary to the law or infringe upon legitimate rights and interests of others.
Replacement plaintiff
Sometimes it can be replaced plaintiff in a civil proceeding.To understand why this happens, you should understand some of the intricacies of the judicial terminology.
there such a thing as good and bad aspects of the process.The first is the winner of the disputed rights or obligations.And the inappropriate party are persons who on the basis of the file excluded from the holders of disputed relations.
Therefore, if the court under Art.36 GIC found that the plaintiff (or defendant) is inadequate, it has the full right, without stopping the trial, to replace the original plaintiffs (respondents) for the appropriate.
If the original claimant does not want to drop out of this trial, the court properly notified that he can participate in it as a third party having the right to make their own claims.
Some legal subtleties
1. If the original claimant does not give its consent to the disposal of the judicial process and proper does not wish to act as a new case is considered without making the replacement.But at the same court in a lawsuit brought against refuse.
2. With the consent of the plaintiff to enter into a new litigation case has been going on with the two plaintiffs.And depending on the circumstances, the court makes a decision, which in relation to the proper plaintiff.The original declaration of the parties (the plaintiff) in his lawsuit denied.
3. In a situation where the wrong claimant consents to its disposal of the judicial process and proper enters it, the matter begins again.
As you can see, the plaintiff in the lawsuit a great many rights.You are acquainted with only the main part.There are many more legal technicalities, but that's a topic for another discussion.
