In any civil case requiring considerationin court, there are two parties that occupy diametrically opposed positions: the plaintiff and the defendant. In order to prevent further confusion in concepts, we give definitions for each of the parties. The plaintiff is a person who appealed to the judicial authorities in order to protect their own interests or violated rights. The adversary in such a lawsuit is the defendant. At the same time, not only individuals can act as both parties, but also organizations that have the status of a legal entity. Today we will talk about who the plaintiff is and what rights he has.
Civil claimant
Civil plaintiff is considered legal oran individual who has submitted claims for compensation to him of the material damage caused as a result of a crime and is recognized as such by the decision of the investigator, the prosecutor, the inquiry bodies and the court decision
In order for the victim to be recognized as a civil plaintiff, it is necessary to have the following circumstances:
- data must be submitted on the basis of which it could be argued that the crime took place;
- as a result of criminal actions material damage was caused as a result of the crime committed.
Since the moment the victim was recognizedcivil plaintiff, he becomes a full participant in the trial. Thus, a claimant is a person who has not only rights, but also obligations, which are clearly regulated by current legislation.
Rights and duties of the plaintiff
The plaintiff in a civil procedure has many rights stipulated by law.
- First of all, the plaintiff should not only be right-,but also capable, and also must attend court sessions. If he cannot be present at the trial, the court should be notified in advance.
- Like the defendant, the claimant has the full right toget acquainted with the materials of the case, make copies. This applies not only to documents relating solely to the claimant’s side, but also to those that relate to the defendant.
- The plaintiff has the right to challenge, that is, to raise the question of the appropriateness of the participation of any persons or materials in the legal process in accordance with the reasons provided by law.
- The plaintiff has the right to present evidence,ask questions to all participants in the process, as well as submit petitions. In particular, he may request evidence presented not only verbally but also in writing. Written petitions are always attached to the court case, and oral ones are recorded in the minutes of the court session.
- The plaintiff has a statutory rightto provide reasonable arguments on the issues raised during the meeting, to object to petitions submitted 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 claimant’s right:
- make changes to the grounds, as well as the subject of the claim;
- change the size of the requested material compensation, both upwards and downwards;
- to completely abandon the claim, concluding a settlement agreement.
Thus, a claimant is a person who has exclusive rights. Let's take a closer look at the listed positions and consider the main nuances.
Change of grounds or subject of action
Только истец имеет юридическое право изменить either the subject of the claim, or the basis on which it was claimed. But it should be remembered that if a replacement was made for both, it will be a completely different lawsuit, which should be considered in a different legal process.
Change in the amount of financial compensation
The claimant, in accordance with the existing law, has the full right not only to increase, but also reduce the claims submitted earlier.
Данная просьба может быть оформлена как в устной, and written form and submitted to the court. Such a decision may be made for a number of reasons. In particular, if in the course of the meeting it turns out that the amount of the claim is much less than the actual material damage. Reducing claims is a very rare phenomenon and, as a rule, due to the understanding that a smaller amount of monetary compensation is much better than its complete absence.
A plaintiff is a person who has become a victim of a crime that has caused moral, property or physical damage.
Refusal of the claim
The claimant has the right to refuse the claim filed earlier (in whole or in part) both orally and in writing.
If it was decided to completely refuse, thenthe trial is completely terminated, which is a judicial decision. In the case of only a partial refusal, the trial continues, but only in part of the abandoned claims.
If the claimant decided to abandon the claim, or an amicable agreement was reached, then it should be remembered that:
- re-treatment of the same wording and claims becomes impossible;
- court costs incurred by the plaintiff, the defendant should not be reimbursed;
- the plaintiff shall reimburse to the respondent all costs incurred in connection with the case.
Settlement agreement
The conclusion of a settlement agreement can be carried out at any stage of judicial proceedings. In particular, in the process of reviewing the judgment.
The meaning of the settlement agreement is thatthe parties decide to abandon part of their claims. But the right of parties to the trial to reconciliation in this way is not considered absolute. The court does not have the right to accept the refusal of the claimant’s party from the stated claim or to accept the settlement agreement if it is against the law or violates the legitimate interests and rights of others.
Substitution of plaintiff
Sometimes a plaintiff may be replaced in civil proceedings. To understand why this happens, you need to understand some of the intricacies of judicial terminology.
There are such things as proper andimproper parties to the process. The first is the holder of the disputed rights or obligations. And an inappropriate party is considered to be persons who, on the basis of the materials of the case, are excluded from the list of right holders of controversial relations.
Therefore, if the court on the basis of Art.36 GIC found that the plaintiff (or the defendant) is inadequate, then he has every right, without stopping the trial, to replace the original plaintiffs (defendants) with the proper ones.
If the original plaintiff does not wish to retire fromthis trial, the court is duly informed that it can participate as a third party with the right to make its own claims.
Some judicial details
1.In the event that the original claimant does not give its consent to the withdrawal from the judicial process, and the proper person does not wish to act as a new one, the case is considered without making a replacement. But at the same time, the court refuses the lawsuit.
2With the consent of the new plaintiff to enter into the trial, the case has been going on with two plaintiffs. And depending on the prevailing circumstances, the court makes a decision that applies to the proper claimant. Initially, the claimed party (claimant) is denied his claim.
3. In a situation where the improper claimant agrees to his withdrawal from the judicial process, and the proper one enters into it, the case begins again.
As you can see, the plaintiff has a lot of rights in a lawsuit. You met with only the main part. There are still many legal subtleties, but this is a topic for another conversation.
