Judicial resolution of civil disputes

What is a litigation

A judicial dispute is a procedural interaction between participants in a trial (court, court, defendant, etc.), and is a generalized concept of the rights to action when going to court, to judicial protection and equal participation in judicial proceedings.

About the types of disputes in court and the features of filing a claim

The types of legal disputes and the process of their consideration can be divided into other groups, depending on the reason for filing the claim and the composition of the participants in the proceedings:

In cases arising on the basis of administrative-legal relations, the process is initiated by filing a complaint.
Claim proceedings - the process is initiated by filing a claim in court.
Special legal proceedings - the process is initiated by filing an application.

If the rights and freedoms of a citizen are infringed, he becomes a participant in the lawsuit by filing a statement of claim in court. Legal proceedings can be initiated for a variety of reasons and reasons; the initiator of the process can be either an ordinary citizen or the state, represented by the tax service and other government agencies.

Types of litigation

You can independently familiarize yourself with the types of law and understand each of the types of disputes that interest you using the links below.

Civil disputes
Banking disputes
Housing disputes Housing and communal disputes

Land disputes

Medical disputes

Labor disputes

Property disputes

Insurance disputes

according to OSAGO

by CASCO

Criminal disputes

Administrative disputes

Migration disputes

Inheritance disputes

Family disputes

Constitutional disputes

Arbitration disputes

Corporate disputes

Economic disputes

Contractual disputes

Disputes over loan agreements

Disputes over leasing agreements

Disputes over contract agreements

Disputes over supply contracts

Patent disputes

Tax disputes

Customs disputes

Stages of a legal dispute

Filing a claim in a city or arbitration court.
Acceptance of the claim by the court.
Preliminary court hearing (preparation).
Evidence, documents and examinations (the independence and objectivity of the examination plays a big role in legal disputes).
Witnesses, experts and translators.
Completion of trial and court decision.
An appeal can be either appellate or cassation, and depends on which court made the decision at first instance.

Stages of legal proceedings

In civil proceedings, there are many stages in the progress of a case:

The initiation of a legal case begins from the moment the judges make a decision to accept the statement of claim for consideration;
Preparation for trial is a mandatory stage, which is carried out with the participation of the parties; at this stage, claims are clarified, procedural motions are considered, and measures are taken to secure the claim;
Consideration of the case in the first instance is the most important and lengthy part, during which the parties provide their evidence, reveal their position, and refute each other’s evidence;
Appeal proceedings If you do not agree with the court’s decision, file a complaint within the period established by law, since its submission will delay the entry into force of the decision, and therefore its execution;
Proceedings on a cassation appeal in the vast majority of cases are practically the last chance to cancel or change it, since a very small number of cases are considered by way of supervision;
Review by way of supervision, the supervisory authority represented by the Presidium of the RF Armed Forces, in essence, performs the function of monitoring the activities of lower courts;
Revision of judicial acts based on newly discovered or new circumstances: newly discovered circumstances existed at the time of consideration of the case, but were not known to the party and could not be known, and new circumstances arose after the decision was made (cancellation of judicial acts that served as the basis for the decision, recognition transaction is invalid, etc.);
Proceedings related to the execution of court decisions at this stage, for example, the defendant may ask the court to defer or installment execution of the decision if he has a difficult life situation, temporary absence of work or other unfavorable circumstances, and the plaintiff may petition to change the method of execution of the judicial act ( for example, change the collection of child support as a percentage of earnings to alimony in a fixed amount if the defendant does not have a regular income). Of course, not every case goes through all stages. This largely depends on the will of the parties, since all stages of the legal process arise only upon the application of the parties to the dispute.

Specifics of the legal dispute

As a rule, a legal dispute reflects a conflict between the parties regarding their different assessment of the circumstances of certain legal relations and (or) the rules of law applicable to them. The result of resolving a legal dispute is reflected in a judicial act.

The specificity is that the position on the case and the tactics of the dispute for the plaintiff or defendant must be determined in advance. Even before filing a claim in court, it is necessary to understand what goal the plaintiff is pursuing and whether this goal can be achieved by appropriate requirements.

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The first stage of working with a client is an oral or written legal consultation, during which the contours of the problem are outlined.

Next, information is collected on the case, work with conflicting parties and attempts to smooth out relations. Most often this is successful, but sometimes we have to take the case to court or arbitration, where we actively represent the interests of our client.

Procedure for the trial

The trial is carried out directly in the courtroom, orally, and all parties to the proceedings must be present. Only participants who are officially recognized as incompetent or missing may fail to appear.

The defendant is notified of the court hearing by a summons. It is a very important document, drawn up in accordance with all established rules, since any mistake can be recognized as a direct violation of the interests and rights of the defendant. Along with the summons, the defendant must receive a copy of the statement of claim, as well as all copies of the documents that are attached to the claim.

an abstract on this topic

Rules of law in more detail also receives a summons, and if by that time the defendant has been given a copy of it, and he has made appropriate comments on this matter, then they must be attached to the summons. Judicial settlement of disputes is carried out according to a standard scheme, which is established by the legislation of the Russian Federation. Nowadays, the judicial procedure for resolving disputes is structured as follows:

The preparatory stage, at which the judge announces that the meeting is officially open, and after checking the presence of all participants, tells them their rights and obligations. After this, he studies all the stated circumstances of the dispute, listens to each of the participants, and evaluates the attached evidence.
Judicial debates seem to be the next stage, during which each of the parties to the proceedings is given the floor. The plaintiff must prove that his rights have been infringed, and the defendant comments on these arguments and says whether, in his opinion, it is worth satisfying the claims. If the prosecutor is present at the meeting, he gets the floor at the end of the debate.
The verdict is announced, the court goes into the service room, where a meeting takes place and a final decision is made, which is eventually announced. The decision must be made on behalf of the state.

The court's decision may satisfy the plaintiff's demands, partially satisfy, or completely refuse to satisfy the plaintiff's demands.

The parties to the proceedings have time to appeal the court decision. This period is ten days, during which time you must file an appeal/cassation complaint. If everything is done correctly and it is accepted, the case will move to the court of second instance, where a check will be carried out to ensure compliance with the law when making a verdict, to ensure the completeness of consideration of all the circumstances in the case.

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Proceedings in civil court

In civil proceedings, the main characteristics are adversarialism and equality of the parties. This means that if you want to win in court, you must take an active position:

prove all the circumstances you stated,
submit petitions and statements to the judge,
challenge
provide reasonable feedback and objections to each statement of the plaintiff (defendant),
ask the judge to order an examination,
involve a specialist or witness,
attend meetings,
appeal court decisions.

The progress of the case and the stages of the trial largely depend on the behavior of the parties. The court must be impartial and lead the process. The parties are responsible for collecting and providing all evidence and justifying their position. In order for the court to request evidence, the party requesting it must confirm that it cannot obtain it on its own.

TOP most common litigation disputes in Russian business

Debt collection One of the most common categories of litigation is the collection of receivables under executed contracts: contract, subcontract, supply, lease, investment, insurance, provision of services, leasing, etc. The specificity of these disputes lies in the fact that when collecting a debt, it is necessary to prove not only the existence of a concluded contract, but also its execution, which is most often expressed by a signed certificate of completion of work.
Corporate disputes This type of legal proceedings arises in terms of controversial issues between the founders - owners of companies, the distribution of business between them, determining the legality of decisions made, the appointment or removal of management of organizations - general directors, presidents of companies, and other management officials. In this part, relations regarding the reorganization or liquidation of companies, amendments to the charter documents and, accordingly, the definition of new powers or the termination of part of the previous powers are also controversial. This category of cases also includes disputes regarding the determination and approval of large transactions, legal capacity to participate in such transactions, and many other legal disputes.
Challenging the results of tenders, trades and auctions According to the legal community, disputes in this area have developed on a large scale and rapidly in the last five years, after legislation was introduced obliging commercial structures to engage in the execution of government orders in absolutely any industry, from purchasing equipment, attracting security companies or leasing premises, and ending with the supply of oil and gas. These disputes occur both in relations to invalidate trades, auctions or tenders, and to challenge the results of actions taken, for example, the results of services provided within the framework of a particular government order.
Land disputes Land disputes are one of the most common types of disputes in the practice of arbitration courts. These include challenging non-normative acts of local authorities on the allocation of plots, withdrawal of plots from possession or property, recognition of the right to land plots, disputes under lease agreements, purchase and sale agreements, and other agreements, the result of which is the transfer of land from the state or municipal fund into the ownership or use of commercial structures.
Tax and customs disputes This category of cases is the most difficult in economic legal relations, as it requires special knowledge in the field of tax and customs law, as well as excellent orientation in accounting and full acceptance of the language of numbers. Customs and tax disputes originate in challenging acts of tax and customs authorities, including claims for compensation from the state treasury for losses caused, refund of overpaid taxes, and end with relations regarding the determination of the tax base and the amount of tax deductions, challenging administrative tax penalties .
Disputes in the field of contract law Disputes in the field of contract law may concern issues of termination of transactions due to non-fulfillment, recognition of transactions as invalid, a sham or imaginary transaction, etc. In addition, this type of dispute includes various cases related to compulsion to register contracts, or, conversely, recognition of the registration of contracts as unlawful. It is worth noting that the contracts that are the subject of consideration in arbitration courts are of a very different nature: purchase and sale agreements, lease agreements, supply agreements, construction contracts, investment agreements, etc.
Real estate disputes “These disputes have their own specific nuances. For example, when it comes to investment relations in the real estate market, the courts for the most part do not recognize the rights to real estate for participants in investment activities until the signing of the act of implementation of the investment project and the main protocol for the distribution of space - In addition, the courts do not recognize the rights to real estate in buildings , not put into operation. As for the recognition of rights to non-residential and residential premises, arbitration courts conduct an inspection and careful study of all title documents indicating the emergence of the right to construction as such. At the same time, if the person applying to the court does not prove that in pre-trial order he took all the necessary measures to register the right of ownership, but was refused by all kinds of authorities, including Rosreestr, then the court will not satisfy the claim.”
Disputes about insolvency (bankruptcy) These types of cases are distinguished by their long-term nature, i.e. processes last for years. Bankruptcy includes 4 stages, of which two are mandatory and two are optional: supervision (mandatory), financial recovery (optional), external management (optional), bankruptcy proceedings (mandatory). Mandatory stages, as a general rule, last 6 months, external management - no more than 18 months, while it is possible (and in practice this is exactly what happens) to extend the initial period of a separate stage for a new period. The monitoring process can last 12 or 18 months, the same happens with the bankruptcy process, which will not end until the bankruptcy trustee has judged all the debts that are assets for the bankrupt company.

Judicial procedure for resolving disputes

Out-of-court dispute resolution procedure

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The Arbitration Procedure Code of the Russian Federation provides for two options for resolving business disputes: judicial and extrajudicial.

When resolving their dispute out of court, the parties, as a rule, try to reach an agreement with each other independently, without resorting to filing a lawsuit in court. If the parties have indicated in the text of the agreement the procedure for pre-trial resolution of the dispute, then neither party has the right to go to court until all measures for pre-trial resolution of the dispute have been implemented. Often in practice, one of the parties does not fulfill its obligations (for example, according to calculations) for some reason. In this case, the other party sends a claim to the party that failed to fulfill the obligation under the contract.

A claim is a document intended for the pre-trial settlement of business disputes, addressed to a counterparty who does not fulfill its obligations.

If, after filing a claim, the dispute has not been resolved by the parties, they can also turn to the help of a third party, whom they trust to an equally high degree and whose decision they will follow. This procedure for resolving disputes is called arbitration.

Dispute resolution in arbitration courts is considered an out-of-court procedure for resolving disputes. You should only contact them if the contract provides for a so-called arbitration clause or if the parties have entered into a separate agreement (this agreement can be concluded after the contract itself has been signed). In accordance with this clause, the parties undertake to try to resolve their differences through arbitration before going to court.

Judicial procedure for resolving disputes

If the disputes or disagreements that have arisen cannot be resolved through negotiations or arbitration, it is necessary to go to court by filing a statement of claim. If the counterparties under the agreement are individuals or individuals and legal entities, then the injured party must apply to a court of general jurisdiction (district or city court at the place where the agreement was concluded), and if the counterparties are legal entities or entrepreneurs without forming a legal entity, then to the arbitration court. the court of the subject of the Russian Federation in which the agreement was concluded.

The Arbitration Court of the Russian Federation protects the violated or disputed rights and legitimate interests of organizations and citizens in the field of business and other economic activities.

The procedure for determining the location of the court for filing a claim is determined in Art. 26 APC RV, according to which:

A claim against a legal entity arising from the activities of its separate division is brought at the location of such division.

A claim against defendants located on the territory of different constituent entities of the Russian Federation is filed in an arbitration court of the choice of the plaintiff at the location of one of the defendants.

A claim against a defendant whose location is unknown may be brought to the arbitration court at the location of the property or at its last known location in the Russian Federation.

A claim against a defendant who is an organization or citizen of the Russian Federation and located on the territory of another state may be brought at the location of the plaintiff or the defendant’s property.

A claim arising from a contract that specifies the place of performance is brought at the place of performance of the contract.

The statement of claim is submitted in writing and signed by the plaintiff (manager or deputy manager) or his representative (lawyer, legal adviser, other employee of the organization). The powers of the representative must be formalized accordingly (power of attorney). If the statement of claim is not signed or signed by a person who does not have the right to sign it, or by a person whose official position is not indicated, the court returns it.

When filing a claim in an arbitration court, a legal entity must confirm its legal status by providing a charter (regulations) and a document on state registration. A citizen applying to the arbitration court, in confirmation of his status as an individual entrepreneur, provides a certificate of his state registration.

A statement of claim is an official form of applying to the court with a request to perform any procedural action or make a decision.

When filing a claim, the plaintiff is obliged to send to other persons participating in the case copies of the statement of claim and the documents attached to it.

If the statement of claim is signed by a representative of the plaintiff, a power of attorney confirming his authority to bring the claim is attached.

The parties to the case are the plaintiff and the defendant.

Plaintiff - a person or organization that applies to the court for protection of its violated or disputed right and files a claim.

Defendant - a person or organization against which a claim is brought, i.e. a person who, in the opinion of the plaintiff, violates or challenges his rights and interests.

Economic disputes resolved by the arbitration court, in particular, include disputes:

about disagreements under an agreement, the conclusion of which is provided for by law or the submission of disagreements under which to the resolution of an arbitration court has been agreed upon by the parties;

about changes in conditions or termination of contracts;

about non-fulfillment or improper fulfillment of obligations;

on recognition of property rights;

on the claim by the owner or other legal owner of property from someone else’s illegal possession;

about a violation of the rights of the owner or other legal owner, not related to deprivation of possession;

on compensation for losses;

on the protection of honor, dignity and business reputation;

on appealing the refusal of state registration or evasion of state registration within the established period of an organization or citizen;

on the collection of fines from organizations and citizens by state bodies and local governments;

on the return from the budget of funds written off by bodies exercising control functions in an indisputable (non-acceptance) manner in violation of the requirements of the law or other regulatory legal act;

on the insolvency (bankruptcy) of organizations and citizens.

Limitation periods

When filing a claim, you should remember the statute of limitations, after which the claim will be almost impossible to satisfy. According to Art. 195 of the Civil Code of the Russian Federation, the limitation period is the period for protecting the right under the claim of a person whose right has been violated. It is necessary to distinguish the limitation period from the claim period.

The claim period is established by law to resolve disputes directly between the parties, while the statute of limitations determines the time limit for filing a claim in court, including arbitration.

The limitation period begins from the day when the person learned or should have learned about the violation of his right. For obligations with a certain period of performance, the limitation period begins at the end of the period of performance.

Litigation in various courts of Russia

The scope of our interests extends to civil, administrative and arbitration proceedings, including customs, tax and other complex category disputes. Our team consists of professional lawyers who have the qualities of fierce fighters, cold analysts and sensible people all rolled into one.

Our law firm was created to resolve disputes, including litigation.

It is also necessary to remember about the highest law - the Constitution, then - Constitutional laws, then Codes, Federal laws, Presidential Decrees, Government Resolutions and so on. The variety of cases that we have successfully conducted and are conducting will not allow us to succumb to any legal difficulties.

A good lawyer always monitors news regarding newly adopted laws and laws that, on the contrary, have become invalid and repealed. Resolutions of the Plenums of the Supreme Arbitration Court and the Supreme Court, Resolutions of the Constitutional Court of the Russian Federation, and many other documents are sometimes in the view of a lawyer more often than a judge.

Resolving legal disputes is our specialty, and in most cases we achieve positive results peacefully, without bringing the case to court. For this purpose, psychological methods of persuasion, the ability to work with people, and sense the situation are used.

List of litigation services

Representation of clients' interests in arbitration courts, courts of general jurisdiction and arbitration courts in all categories of disputes.
Representation of the interests of clients in the Constitutional Court of the Russian Federation.
Protection of honor and dignity of citizens and business reputation of legal entities.
Arbitration and civil process.

Our employees - judicial representatives very often win disputes in arbitration court, and there is no reason to doubt that we will lower our professional “bar”. Accumulating extensive experience, we are constantly studying new trends in the legal system, training employees, closely monitoring competitors, introducing all the best methods and techniques.