How to clarify claims in court?

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Published: 08/31/2019

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A calculation of the amount of the claim is submitted to the arbitration court in order to justify the size of the claims.

• What is the amount of claims?
• Why do you need to know the cost of the claim?
• What is included in the price according to agricultural standards
• How is the cost of a claim calculated in arbitration proceedings?
• How to submit a calculation of claims to the court

What is the amount of claims?

According to Art. 27 of the Arbitration Procedure Code, arbitration courts consider statements of claim involving legal entities and individual entrepreneurs, as well as bankruptcy cases (including those involving individuals). In order for the arbitration court to begin considering the dispute that has arisen, it is necessary to send a statement of claim to it.

The statement of claim must contain a list of mandatory information in accordance with the provisions of Art. 125 APK. In particular, it is necessary to indicate the price of the claim if it is subject to assessment. Determining the price of the claim and calculating the amounts payable is the most problematic stage in preparing the statement of claim.

According to the provisions of Part 2 of Art. 125 of the Arbitration Procedure Code, when filing a claim with the arbitration court, the plaintiff must indicate the price of the claim if it contains claims of a property nature. Such requirements must be translated into monetary equivalent.

The price, or amount of the claim for the arbitration court, is the monetary expression of the property claim that was declared by the plaintiff.

The procedure for clarifying claims at a court hearing.

When can I submit clarification of claims? You can submit clarification of claims at any time during the meeting before the court leaves the deliberation room to make a decision.

However, this should not be abused at all and it is better to submit a clarified application in advance, through the court office or the GAS justice system, so that the court has the opportunity to familiarize itself with it before the court hearing.

Usually the judge at the beginning of the hearing asks if the parties have any motions in the case before the start of the trial. If it is necessary to clarify the claims, you need to stand up and file a petition to clarify the claims. The court puts this issue up for discussion between the parties and, taking into account the opinions of the parties, accepts a clarification of the claims or refuses to accept it, about which a ruling is made.

The law does not limit the plaintiff in the number of clarifications on the claim, the plaintiff can clarify his claims more than once, but be aware that this may delay the consideration of your claim, the court, when accepting a clarified statement of claim, provides time for the defendant to file objections, explains the burden of proof, and invites the parties to provide evidence .

You cannot abuse your rights in civil proceedings! The obligation to use their rights in good faith is imposed on the parties by the norm of Article 35 of the Code of Civil Procedure of the Russian Federation. This means that the plaintiff cannot abuse his right to clarify the claim in order to delay the consideration of the case, and if the plaintiff clearly abuses his rights, the court can simply refuse to accept the clarification.

Why do you need to know the cost of the claim?

The price of the claim is necessary for the correct calculation of the amount of the state duty, which is paid when filing a claim. When calculating the state duty, the rules of Art. 333.21 of the Internal Revenue Code.

Also, a specific indication of the cost of the claim is necessary to determine the amount of money to be recovered from the defendant.

According to Part 3 of Art. 103 of the APC, the amount of the claim against the defendant must be calculated by the applicant independently. If the claims are filed incorrectly, the court may leave the application without progress until the plaintiff eliminates the shortcomings.

If the arbitration court reveals that the claims presented are incorrect already during the consideration of the case, then the judge, when making a ruling, can make a recalculation independently on the basis of documentary evidence and confirmed circumstances.

Clarification of claims in court, article of the Code of Civil Procedure of the Russian Federation

When considering a case, the plaintiff often needs to clarify the claims, or change the grounds or subject of the claim. This may arise when the defendant files objections to the claim, as well as when clarification at the court hearing of circumstances that were not previously taken into account or unknown to the plaintiff.

A petition to clarify the claims is filed on the basis of Articles 35 and 39 of the Code of Civil Procedure of the Russian Federation, according to which the plaintiff has the right to file petitions, change the subject or grounds of the claim, and also clarify his demands against the defendants.

The right to file petitions 35 Code of Civil Procedure of the Russian Federation - Persons participating in the case have the right to file petitions, give explanations to the court orally and in writing; present your arguments on all issues arising during the trial. The right to clarify the claims Article 39 of the Code of Civil Procedure of the Russian Federation - The plaintiff has the right to change the basis or subject of the claim, increase or decrease the amount of the claim, or abandon the claim, the defendant has the right to admit the claim, the parties can end the case with an amicable agreement.

It is these articles of the Civil Code of the Russian Federation that the plaintiff will rely on when clarifying the claims. It is important for the plaintiff to understand what exactly the plaintiff wants to clarify.

What is included in the price according to agricultural standards

The price of the claim, taking into account the provisions of Art. 103 APCs include:

1. Monetary claims against the debtor.
2. The value of property upon presentation of claims of a property nature.
3. Penalties , penalties, penalties and other compensation.

The plaintiff may make claims of a non-property nature under Part 2 of Art. 103 APK. They are not included in the amount of the claim, since they do not have a monetary value. For non-property claims (in particular, recognition of ownership, exclusion of property, etc.), the state duty is paid in a fixed amount, and the price of the claim is not subject to determination.

Non-property claims can sometimes be calculated in monetary terms, but still they are not included in the price of the claim (an example of such claims is compensation for moral damage).

The price of the claim is the sum of all claims, including the principal debt, penalty, etc. This explanation is contained in clause 5 of the Resolution of the Plenum of the Supreme Court No. 10 of 2021 and clause 2 of part 1 of Art. 333.22 Tax Code.

The principal debt may arise from either a contractual or non-contractual obligation of the defendant to the plaintiff.

When determining the price of a claim, it does not include legal expenses, including state fees, payment for the services of a representative, auditor, appraiser, translator and expert, etc.

In order to recover them from the losing party in the future, according to a court decision, supporting information will be required.

What is included in the price of the claim, contents of the calculation

The price of the claim includes the amount of the principal debt (debt arising from a contractual or non-contractual obligation), as well as a penalty (clause 2, part 1, article 333.22 of the Tax Code of the Russian Federation).

Legal expenses - concept and types, collection procedure Read more

Legal expenses (state fees, payment for the services of a representative, experts, translator, etc.) are not included in the price of the claim. To recover them from the losing party, it is necessary to submit supporting documents.

The calculation is drawn up in any form, but must allow the court to establish:

1. What amounts constitute the price of the claim, indicating the basis from which the right to collection arises (agreements, invoices, provisions of the contract on penalties, provisions of regulations, etc.).
2. Direct calculation of each amount with justification of the calculation method used and the period. For example:
   penalty for each calendar day of debt or for each working day - with reference to the relevant clause of the agreement;
3. interest rate - according to a regulatory act or clause of the agreement;
4. the beginning of the period is the moment of expiration of the period for payment, the end of the period is the moment of payment or filing a claim, etc.
5. The final calculation on the basis of which the price of the claim specified in the statement of claim is determined.

Note! The court is obliged to check the calculation of the claim for each parameter, otherwise the decision may be canceled. For example, in one of the cases, the court did not properly check the diameter of the pipe used to calculate the volume of water consumption, which led to the cancellation of the decision (Resolution of the AS DO dated March 22, 2016 No. F03-674/16 in case No. A51-7927/2015).

An example of a calculation can be found at the link: Sample calculation of the cost of a claim in an arbitration court.

When independently calculating the price of a claim, you will also be helped by the ready-made solution ConsultantPlus “How to determine the price of a claim when applying to an arbitration court.” If you do not yet have access to the ConsultantPlus system, you can sign up for a free trial access for 2 days.

How is the cost of a claim calculated in arbitration proceedings?

Based on Art. 103 of the APC, the cost of the claim is determined:

• for an application for reclaiming property - based on its value;
• for a claim for the recovery of funds - based on the amount recovered;
• for claims for reclaiming land plots - based on their value;
• for claims to challenge executive documents - based on the disputed amount.

Based on Art. 130 of the APC, the plaintiff has the right to combine several claims that are interconnected in one statement of claim.

When several claims are presented to the arbitration court, they are summed up. In particular, the size of all property claims and the amount of monetary claims. The presented penalties and compensation for payment are presented to the arbitration court in full.

When determining the time frame for the calculation, the starting point is the day when the obligations are due (the day when the obligations became overdue and the debt arose). The final starting point is the day the application is filed in court.

But since during the trial the amount of debt may increase, then, taking into account the provisions of Art. 183 of the Arbitration Procedure Code , arbitration is obliged to recalculate the debt on the day the court decision was made .

When filing an application to the arbitration court, you need to understand that the APC does not contain restrictions on the amount of the claim. The minimum and maximum claim prices can be absolutely anything.

Subject to the provisions of Art. 227 of the APC, in order to be able to consider a claim in a simplified procedure, claims against organizations should not exceed 500 thousand rubles, against entrepreneurs - 250 thousand rubles. There is no minimum requirement for consideration of a case through summary proceedings.

Taking into account paragraph 9 of the Resolution of the Plenum of the Supreme Court No. 10 of 2021, when determining the possibility or impossibility of considering a case in an arbitration court through summary proceedings, the court takes into account the amount of the claim minus the claims that the defendant recognized as justified and which are not the subject of the dispute.

How to submit a statement to the court to clarify the claims to the court?

It is better to make a request to clarify the claims in writing, indicating the parties and parts of the claim that you want to change or clarify.

The rules for drawing up a petition to clarify claims are similar to the rules for filing a claim - you also indicate the court to which you are filing, the full names of the parties to the process, what is changing and the reasons for the changes, signed by the party or representative by proxy.

The reasons for clarifying claims can be very diverse. The most common reasons for clarification of claims that occur in litigation are the following:

• “In connection with familiarization with the defendant’s objections, I consider it necessary to clarify the requirements in terms of...”
• “Having read the materials of the civil case and the documents presented by the defendants..”, I consider it necessary to clarify my claims in part...”
• “In connection with the voluntary fulfillment by the defendant of the plaintiff’s demands regarding the repayment of the debt, I consider it necessary to clarify the claims..”

IMPORTANT! According to Article 39 of the Code of Civil Procedure of the Russian Federation, if the refusal of demands or the conclusion of a settlement agreement violates the rights of third parties, the court will not accept it!

In the text of the letter, be sure to indicate what you want to change or add in accordance with Article 39 of the Code of Civil Procedure of the Russian Federation (clarification of claims). If you clarify the claim in part, then indicate in which part of the clarification; if you increase the claims of the claim, for example, in terms of penalties, then additionally provide the court with a new calculation of the claims.