Legal encyclopedia. Letter C

PARTIES

- persons participating in the case, the dispute on the law of which the court of general jurisdiction or the arbitration court considers and resolves on the merits.

Signs С .:

1. They are the persons participating in the case (Article 34 of the Code of Civil Procedure of the Russian Federation, Article 40 of the APC of the RF);
2. These are the necessary participants in the civil and arbitration proceedings;
3. S. has opposite interests, which are mutually exclusive;
4. They conduct a civil or arbitration process on their behalf;

5) a judgment shall be delivered in the name of S.;

6) C. bear the court expenses in the case.

Parties in civil and arbitration

Proceedings are the plaintiff and the defendant. Claimants are organizations and citizens who have sued in defense of their rights and legitimate interests. Defendants are organizations and citizens to whom a suit has been brought (Article 44 of the agrarian and industrial complex of the Russian Federation).

The Parties shall enjoy equal

Procedural rights and duties.

The procedural rights of the parties are divided into general and dispositive. All persons participating in the case have common rights.

These include:

1) the right to get acquainted with the case materials;

2) the right to make extracts from them and to remove

copies;

3) declare challenges;

4) present evidence and participate

In their study;

5) ask questions to others,

Participating in the case, witnesses, experts and

Specialists;

1. To submit motions, including on demanding evidence;
2. Give explanations to the court in oral and written form;

8) give reasons for all

Arising during the trial

Questions, object to applications and

Arguments of other persons participating in the case;

9) appeal against judicial decisions and

Use the provided laws

Of civil litigation

Other procedural rights.

Dispositive rights are only used by C. They include:

1. The plaintiff's right to change the basis or subject matter of the claim;
2. The plaintiff's right to increase or decrease the amount of claims;
3. The plaintiff's right to refuse a claim;
4. The defendant's right to recognize the action;

5) S.'s right to conclude an amicable agreement.

The court does not accept the plaintiff's refusal from the claim,

Recognition of the claim by the respondent and does not approve the agreement of the parties if it contradicts the law or violates the rights and legitimate interests of others (paragraph 2 of Article 39 of the RF Code of Civil Procedure).

The duties of S. are as follows:

1) conscientiously use their

Rights;

2) prove what C. refers to in

Substantiation of their demands and objections;

3) incur court costs;

4) inform the court of the change of place

Residence;

5) indicate a number of mandatory information in

Statement of claim, etc.