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A plaintiff is a person who ... Who is the plaintiff and what are his rights?

In any civil case requiring judicial review, two parties appear who occupy diametrically opposed positions: the plaintiff and the defendant. In order to avoid further confusion in terms, we will give definitions for each of the parties. A plaintiff is a person who has appealed to the judicial authorities for the purpose of protecting one's own interests or violated rights. The defendant in such a lawsuit is the defendant. At the same time, both individuals can act as both parties, but also organizations that have the status of a legal entity. Today we will talk about who is the plaintiff and what rights he has.

Civil claimant

The civil claimant is a legal entity or an individual who has submitted claims for compensation to him for material damage caused as a result of a crime and recognized as such by a resolution of the investigator, prosecutor, inquiry agencies and court order.

In order for the victim to be recognized as a civil plaintiff, the following circumstances are necessary:

- 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, which was a consequence of the crime committed.

Since the moment when the victim was recognized as a civil plaintiff, he becomes a full participant in the judicial process. Thus, the plaintiff is a person who has not only rights, but also duties that are strictly regulated by the current legislation.

Rights and obligations of the plaintiff

The plaintiff in the civil process has a lot of statutory rights.

  1. First of all, the plaintiff must be not only legal but also capable, and must also attend court sessions without fail. If he can not attend the trial, you should notify the court in advance.
  2. Like the defendant, the plaintiff has every right to get acquainted with the case materials in detail, make copies. This applies not only to documents relating exclusively to the plaintiff's party, but also to the fact that they relate to the defendant.
  3. The plaintiff has the right to declare challenges, that is, raise the issue of the advisability of the participation of any person or material in the judicial process in accordance with the reasons provided by law.
  4. The plaintiff has the right to present evidence, ask questions to all participants in the process, and also file petitions. In particular, he can request evidence, presented not only in oral, but also in writing. Written petitions are always attached to the case, and oral petitions are recorded in the minutes of the court session.
  5. The plaintiff has the statutory right to provide reasoned arguments to the questions raised during the meeting, to object to the petitions granted by other persons participating in the trial.

Exclusive rights of the plaintiff

In accordance with Art. 39 ГПК the Russian Federation, only in the right of the claimant:

- make changes to the grounds, as well as the subject matter of the claim;

- to change the size of the requested material compensation both in the big and smaller side;

- to completely abandon the claims, having concluded an amicable agreement.

Thus, the plaintiff is a person who is endowed with exclusive rights. Let's touch on the listed positions in a little more detail and consider the main nuances.

Changing grounds or subject matter

The subject of the claim is that the plaintiff himself asks. The basis is the circumstances that underlie the demand, together with the evidence, which fully confirm these facts.

Only the plaintiff has the legal right to change either the subject matter of the claim or the basis on which it was declared. But it should be remembered that if both were replaced, then this will be a completely different claim, which should be considered already in another trial.

Change in the amount of material compensation

The plaintiff, in accordance with the existing law, has every right not only to increase, but also to reduce the claims filed earlier.

This request can be made either verbally or in writing and submitted to the court. Such a decision can be made for a number of reasons. In particular, if in the course of the meeting it becomes clear that the amount of the claim is much less than the material damage actually incurred. Reducing the requirements is very rare and, as a rule, due to the understanding that a smaller amount of monetary compensation is much better than its total absence.

The plaintiff is a person who became a victim of a crime that caused moral, material or physical damage.

Refusal of claim

The plaintiff has the right to refuse the claim (in whole or in part) presented earlier, either verbally or in writing.

If it was decided to completely refuse, then the trial is completely discontinued, and a judicial determination is made. In the case of a partial refusal, the trial continues, but only with respect to the remaining claims.

If the plaintiff decided to abandon the claim, or an amicable settlement was reached, then it should be remembered that:

  • Repeated treatment of the same wording and claims becomes impossible;
  • Court costs incurred by the plaintiff, the defendant should not be reimbursed;
  • The plaintiff shall, without fail, reimburse the defendant for all expenses incurred in connection with the conduct of the case.

Settlement agreement

The conclusion of a settlement agreement can be held at any stage of court proceedings. In particular, and in the process of reviewing the court decision.

The point of the settlement agreement is that the parties decide to give up part of their demands. But the right of the parties to the trial to reconcile in this way is not considered absolute. The court does not have the right to accept the refusal of the party of the claimant from the claimed claim or to accept the settlement agreement in the event that it contradicts the law or infringes the legitimate interests and rights of others.

Replacement of the plaintiff

Sometimes, the plaintiff can be replaced in the civil process. To understand why this happens, it is necessary to understand some of the subtleties of judicial terminology.

There are such concepts as the proper and inadequate side of the process. The first is the owner of disputed rights or obligations. And the improper party is considered to be persons who, on the basis of materials of the case, are excluded from the number of rightholders of disputable relations.

Therefore, if the court on the basis of Art. 36 ГПК established that the plaintiff (or the respondent) is improper, then he has the full right, without stopping the trial, to replace the original plaintiffs (defendants) with the proper ones.

If the original plaintiff does not wish to withdraw from this litigation, then the relevant notice is given by the court that he may participate as a third party entitled to file his own claim.

Some judicial details

1. If the original plaintiff does not consent to be removed from the trial, and the proper one does not want to act as a new one, the case is dealt with without replacement. But at the same time the court refuses the suit.

2. With the consent of the new plaintiff to enter the trial, the case continues with two plaintiffs. And, depending on the circumstances, the court makes a decision that applies to the proper plaintiff. Initially, the claimed party (the plaintiff) is refused in his suit.

3. In a situation where an improper claimant gives consent to his leaving the court process, and the proper one enters into it, the case begins again.

As you can see, the plaintiff has a lot of rights in the legal process. You met only the main part. There are still many legal subtleties, but this is already a topic for a separate conversation.

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