A plaintiff is a person who ... Who is the plaintiff and what are his rights?
In any civil case requiring considerationin the judicial order, there are two parties occupying diametrically opposite 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, as well as organizations that have the status of a legal entity. Today we will talk about who is the plaintiff and what rights he has.
A civil plaintiff is considered to be a legal oran individual who has submitted claims for compensation to him for material damage caused as a result of a crime and is recognized as such by a resolution of the investigator, prosecutor, inquiry bodies 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 acts was caused material harm resulting from the crime.
Since the moment the victim was recognizeda civil plaintiff, he becomes a full participant in the trial. 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.
- First of all, the plaintiff must be not only right,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.
- Like the defendant, the plaintiff has every right to detailget acquainted with the case materials, make copies. This applies not only to documents relating solely to the plaintiff's party, but also to the fact that they relate to the defendant.
- 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.
- The plaintiff has the right to present evidence,ask questions to all participants in the process, as well as file petitions. In particular, he can request evidence, presented not only in oral form, but also in writing. Written petitions are always attached to the case, and oral petitions are recorded in the minutes of the court session.
- The plaintiff has the statutory rightto provide reasoned arguments to the questions that arose during the meeting, to object to petitions provided 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 to the large and the 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 the grounds or subject matter of the claim
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 changeeither the subject matter of the claim itself, or the basis on which it was claimed. But it should be remembered that in the event that a substitution was made for both, 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 reduce, the claims filed earlier.
This request can be made either verbally,both in writing and in 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 actual material damage caused. Reducing 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.
A plaintiff is a person who became a victim of a crime that caused moral, material or physical damage.
Waiver of a claim
The plaintiff has the right to waive the claim (in whole or in part) presented earlier, either verbally or in writing.
If a decision was made on total refusal, thenthe judicial process is completely terminated, 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 agreement 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 by him related to the conduct of the case.
The conclusion of a settlement agreement can be held at any stage of judicial proceedings. In particular, and in the process of reviewing the court decision.
The meaning of the settlement agreement is thatthe 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 if it contradicts the law or infringes upon 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 proper andinadequate side of the process. The first is the owner of the disputed rights or obligations. And the inadequate 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 inadequate, 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 theof this litigation, then the relevant notice is given by the court that he can participate as a third party having the right to file his own claim.
Some judicial details
1. In the event that the original plaintiff does not consent to leave the court process, 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, which is applicable to the proper plaintiff. Initially, the alleged party (the plaintiff) was refused in his suit.
3. In a situation where an improper claimant agrees to his departure from the trial, and the proper one enters into it, the case begins again.
As you can see, the plaintiff has a lot of rights in the lawsuit. You met only the main part. There are still many legal subtleties, but this is already a topic for a separate conversation.