Statement of claim to the arbitration court

What is an arbitration court and what issues does it deal with?

The arbitration court in the Russian Federation is a state judicial structure that is part of the general system of the Russian Federation. The administration of the plant carries out the following activities:

Pre-trial reception of persons on the eve of participation in the case.
Monitoring the accuracy of submitted materials and transfer of state fees.
Progress of cases, deadlines for their compliance.
Ensuring the preservation of court cases and statistical reporting.

AC system structure:

Courts of the constituent entities of the Russian Federation . These include all AS of the regions (territory, region, republic). Their competence includes claims of the first instance, as well as complaints that have not received legal force.
Courts of Appeal. Their responsibility is to monitor the legality and validity of the AC cases being considered.
Federal District Courts . Provides support to cassation structures.
Supreme AS of the Russian Federation . The highest judicial structure for the consideration of various economic disputes and cases.

The CA considers the following cases:

Renewal of the corporate status of the institution. Providing protection from raider attacks.
Conflicts and collection of arrears. For example, consideration of decisions of the Federal Tax Service on the payment of taxes to joint stock companies.
Bankruptcy, liquidation, reorganization of enterprises (OJSC, LLC, CJSC).
All kinds of customs conflicts.
Ensuring the protection of the business image of entrepreneurial or economic activity.

It must be borne in mind that the financial support of all nuclear power plants is carried out at the expense of the state budget.

A special feature of the AS is that it deals only with conflicts in which the participants are engaged in entrepreneurship related to economic activity, where enterprises, concerns, public organizations or individual entrepreneurs are considered participants, as a claimant and a defendant.

Form and content of the claim to the arbitration court

The statement of claim to the arbitration court of the 2021 model, presented on our website, meets all the requirements of Art. 125 Arbitration Procedure Code of the Russian Federation.

In order for the arbitration court to accept a claim, a number of requirements for its execution must be met:

The claim must be submitted only in writing, which must be signed by the plaintiff or by a person with a power of attorney.
In the upper right corner the exact name of the arbitration court, complete information about the plaintiff and his location are indicated, and information about the defendant is also indicated.
The price of the claim and the amount of state duty paid are stated (the cost of the claim can be calculated directly in the reasoning part of the statement of claim, or separately in the appendix by calculating all the claims).
If, before applying to arbitration, a pre-trial claim procedure is provided, then the person filing the claim must provide evidence confirming compliance with this procedure.
If it is necessary in the case, an indication of the measures taken by the arbitration court to secure the claims, by filing a petition to secure the claim.
Provide a list of attached copies of documents and other evidence.

The following documents may be submitted as attachments to the claim:

A document confirming that the persons involved in the case have been notified and familiarized with a copy of the statement of claim and all attached documents arising from it, which is called a notification.
Paid state fee, if necessary, then a request to reduce its amount or install it in installments.
Documents indicating the circumstances to which the plaintiff refers and makes demands.
Statutory documents of a legal entity (charter, OGRN, extract from the Unified State Register of Legal Entities).
If the case is conducted by a representative, then the power of attorney certified by the head.
Copies of the arbitration court rulings, which are aimed at ensuring the interests of the plaintiff’s property.
Documents indicating the plaintiff’s compliance with the pre-trial procedure for resolving the conflict.

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Form and content of the claim

The form of the petition to the CA must be observed in accordance with Art.
125 of the Arbitration Procedure Code of the Russian Federation, with the obligatory display of the following information: “Header” (top section):

Name of the speaker and its location.
The name of the plaintiff (according to the constituent documents) and his legal registration address.
The same data regarding the defendant.
The amount presented in the request (if it is possible to estimate) and the amount of the state duty.

Main section:

Statement of the situation with references to the arguments attached to the request to the AC.
Displaying the opinion of the claimant.
Bringing RF standards and judicial analogies in defense of the applicant’s opinion (this is a mandatory statement by the claimant)

Applicant's request:

Display of the applicant's requirements.
Arithmetic confirmation of the calculation of the amounts to be collected (on another page), with the signature of the person entitled to such calculation.

Final part:

Date of filling out the request to the AS.
Signature of the head of the institution from the plaintiff or his authorized representative (attached power of attorney).

List of applications:

Here are the materials that the claimant uses as arguments in his favor.

When filing a claim with the CA, you need to follow 3 important rules:

Brevity is the soul of wit.

The text in the claim must be presented concisely and in a business style. At the same time, provide the maximum number of links to the materials attached to the claim, to the regulations of the Russian Federation and judicial examples. The more concise and understandable the claim in the Court of Justice is, the more likely it is that the judge will fully examine the applicant’s arguments.

The applicant must support his arguments with legislative articles.

According to clause 2 of Article 125 of the Arbitration Procedure Code of the Russian Federation, it is the plaintiff’s responsibility to substantiate his claims with references to legislative and by-laws, as well as judicial examples. If the applicant does not present normative arguments in the petition, the court is unlikely to satisfy the applicant’s claim.

Any argument in a claim must be supported by official paper.

Often, arbitration judges consider cases formally. If the plaintiff's opinion is not supported by any noma or notarized letters, then the plaintiff will likely lose the case. The AS requires the presentation of documents, not logical reflections and evidence. Therefore, each evidence displayed in the claim request in the AS must be supported by official papers: acts, agreements, specifications, invoices, examinations, etc.

Sample statement of claim to the arbitration court

Requirements for the format and content of the statement of claim are contained in Art. 125 of the Arbitration Procedure Code of the Russian Federation and stipulate that the document must indicate:

Applicant details including address, TIN, OGRN, contact numbers and email;

Defendant's details: name, INN, OGRN, address and contacts;

The amount of the claim to the arbitration court.

Statement of the circumstances of the case indicating specific evidence;

Link to legal acts confirming the legal position of the applicant;

Calculation of claims;

Specifically formulated requirements for the claim.

In addition, in most arbitration disputes, the plaintiff must indicate in the claim that he has complied with the pre-trial settlement procedure. It is also necessary to draw up a list of documents that are attached to the statement of claim.

Documents confirming payment of the state fee must be attached to the application. The state fee for a claim in an arbitration court is calculated in the manner prescribed by the Tax Code of the Russian Federation (Article 333.21), details of the calculation can be found in our separate article.

The statement of claim must be signed either by the head of the legal entity or by another person with a power of attorney. The authority of the signatory is confirmed by an extract from the Unified State Register of Legal Entities attached to the application or a copy of the power of attorney containing the authority to go to court.

A copy of the statement of claim with attachments must be sent to the defendant - this is the responsibility of the plaintiff, otherwise the court has the right to leave the statement without action.

Let us immediately note that the application to the arbitration court, a sample of which can be found on most official websites of the courts, is somewhat unified in nature and cannot always be used unchanged. Practice shows that most cases have their own characteristics that must be reflected in the claim. Therefore, any sample can only be the basis for preparing a document on a specific dispute.

Claim in arbitration court for debt collection

One of the most common reasons for filing a claim in arbitration court is to protect the interests of one of the parties to the contract in connection with non-payment for goods, works, services, or non-repayment of borrowed funds.

Such a statement of claim must contain:

Circumstances in which the debt arose, indicating specific documents confirming them;

The cost of a claim in arbitration court, which includes both the amount of the principal debt and penalties. In this case, the plaintiff must provide a calculation of the amount, especially indicating the procedure for calculating the penalty since it can be either contractual or determined in accordance with Art. 395 of the Civil Code of the Russian Federation (from the size of the Central Bank key rate);

An indication of the claim work carried out – the date the claim was sent, the respondent’s response to it.

The application must be accompanied by copies of all documents specified in it.

Claim for recovery of a penalty in an arbitration court

Current legislation allows for filing a separate claim for a penalty in court. This is also possible if the court has previously made a decision to collect the principal amount of the debt. The claim for a penalty must contain an indication of the main requirement, as well as the procedure for its calculation. In such a statement it is also necessary to indicate specific legal provisions that give the right to demand a penalty. If this is indicated in the contract, it is necessary to provide a clause of the contract regulating the procedure for collecting penalties or penalties.

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Which arbitration court should I file my claim in?

The law of the Russian Federation regulates the procedure for filing claims.
According to the generally accepted rule, a request to the CA is sent to the location of the defendant (Article 35 of the Arbitration Procedure Code of the Russian Federation). Article 36 of the Arbitration Procedure Code of the Russian Federation defines features that provide the opportunity to send claims at the discretion of the claimant. These include:

A request to a debtor whose location is unknown can be sent to the AS at the location of his material assets or at his final location.
Claims against debtors who have branches in various regions of the Russian Federation are sent to the location of any division.
A petition to a debtor located outside the Russian Federation can be sent to the AS at the address where his material assets are located on the territory of the Russian Federation.
The claim, with the place for consideration of conflicts indicated in the agreement, is sent to the court indicated in this agreement.
A claim against a legal entity, if the work of its branch is located outside the location of the main office, can be sent to the AC at the location of the main office or department.
Claims for claiming damages as a result of ship accidents, reimbursement of costs for assistance and rescue measures at sea are sent to the AS at the location of the culprit vessel, or the port of its registration, or at the place where the damage occurred. The choice between AS in this case is made by the plaintiff.

Additionally, Article 37 of the Arbitration Procedure Code of the Russian Federation states that treatment in accordance with Art. Art. 35 and 36 of the Arbitration Procedure Code of the Russian Federation, can be changed by agreement of the parties to the conflict before the AC registers the petition for production.

It is also necessary to take into account the jurisdiction regulated by Art. 38 Arbitration Procedure Code of the Russian Federation:

Claims regarding real estate are sent to the AC at the place where it is located.
Claims related to aircraft and sea vessels, vessels registered within the Russian Federation, and space objects are sent to the AC at the place of their state registration.
Claims against the carrier, on the basis of an agreement, are sent to the AC at the location of the culprit.
Claims related to bankruptcy are sent to the CA at the location of the bankrupt.
The claim for the discovery of facts of legal significance is sent to the Court of Justice at the location of the applicant, with some exceptions.
The claim for disagreement with the conclusion of the bailiff is sent to the CA at the location of the bailiff.
Claims regarding conflicts between Russian companies operating abroad are sent to the AC at the state registration address of the jurisdictional entity on the territory of the Russian Federation, however, if such companies are not registered within the Russian Federation, the claims are sent to the AC of the Moscow region.
Counterclaims are sent to the AC at the address of its first announcement.

How to file a claim in arbitration court?

All economic entities, including government agencies, have the right to appeal to the arbitration court. In addition, in some cases, applicants may be individuals whose rights in the field of entrepreneurial activity have been violated, for example, the founders of legal entities.

Art. The Arbitration Procedure Code of the Russian Federation (APC RF) defines the claims considered by the arbitration court - these are economic disputes, cases involving legal entities and individual entrepreneurs, as well as bankruptcy cases (including bankruptcy of individuals).

Submission order

The claim to the arbitration court is filed at the location of the defendant. Currently, there are three options for going to court:

At a personal reception at the court office - how to file a claim with the arbitration court in this way in a specific region can be found on the website of the corresponding court;
By post;
Electronically through the “]]>My Arbitrator]]> system.”

Each of these options has its own characteristics that should be considered when applying. For example, a claim sent through “My Arbitrator” to the arbitration court will be processed and uploaded into the system the next day after receipt, and you don’t even need to leave the office to submit it. But the applicant must have registration on the State Services portal, an electronic digital signature, and the ability to scan the attached documents. Filing a claim via mail is an effective way to file a claim when the statute of limitations expires because... The filing date is determined by the mailing date.

State duty for a statement of claim to an arbitration court

The amounts of state fees in cases examined by the Armed Forces of the Russian Federation and the Court of Justice are regulated by Art.
333.21 of the Tax Code of the Russian Federation (as amended by Law No. 198-FZ of June 28, 2014). Some issues regarding the transfer of duty tax are regulated by the decision of the Plenum of the Supreme Arbitration Court of the Russian Federation “... on state duty ...” No. 46 of July 11, 2014. State duty in the Arbitration Court is understood as a payment made by an entity on the basis of a legal dispute in the interests of the applicant through arbitration proceedings.

The state duty in the AS is listed by both legal entities and paid by individuals acting:

Plaintiffs when sending a claim or complaint.
Defendants - when satisfying the claimant's claims and relieving him of paying the fee.

The fee refers to the part of the legal costs associated with the case being examined in the Court of Justice, along with other legal costs.

The amount of the duty depends on the total requirements. If one claim includes claims for a property and non-property dispute, the fee is paid for each dispute separately.

According to the general rule, the full amount of the fee for the claim to the Court of Justice is transferred by the claimant before sending it. At the individual request of the plaintiff, the amount of the fee can be reduced or a deferment/installment plan for the transfer can be provided for up to 1 year (Article 333.22 of the Tax Code of the Russian Federation). No interest accrues on the shortened deferment.

Note : An entity requesting a reduction or deferment of the payment of a fee must explain the reason for such a request, demonstrating its difficult financial condition.

The law also provides for the possibility of exempting certain categories of claimants from transferring state duties, for example:

Prosecutors who bring claims to enforce federal or public rights.
Disabled people of groups I and II (if the amount of the claim is up to 1 million rubles) and other subjects (Article 333.37 of the Arbitration Procedure Code of the Russian Federation).

The state duty can be paid either in cash or by non-cash form. Confirmation of the transfer of state duty is carried out by a bank receipt or a form of another institution through which the payment was made. This certificate of payment is attached to the claim when it is sent, otherwise the claim will not be accepted (Article 126 of the Arbitration Procedure Code of the Russian Federation).

We present two tables displaying the amount of state duty depending on the amount of the claim.

Amount of property duty.

The amount of state duty of a non-property nature.

A statement of claim is drawn up when the possibilities for resolving the dispute peacefully have been exhausted. This procedural document has serious requirements and conditions that must be strictly observed. Along with the statement of claim, a number of necessary documents and proof that the state duty has been paid (receipt) are provided.

When drawing up a statement of claim to the Moscow Arbitration , you should take into account some nuances and comply with formalities. Initially, it is necessary to accurately determine the jurisdiction of the dispute, because it may happen that the statement of claim is quite accessible for consideration in other courts, for example, general jurisdiction. To do this, it makes sense to study the Arbitration Procedure Code of the Russian Federation and the Code of Civil Procedure of the Russian Federation and become familiar with the rules of jurisdiction.

Another reason for filing a claim with the Moscow Arbitration Court is the choice of a judicial body, taking into account the rules of territorial and generic jurisdiction. Typically, a statement of claim is filed at the actual location of the defendant, unless otherwise provided by law. Let's give a more detailed algorithm of actions:

1. Correctly indicate the name of the court. Naturally, in this case it will be the Moscow Arbitration Court.

2. Indicate the names of the parties. If the plaintiff is a citizen, then the actual address at which he resides, date and place of birth, telephone number, place of work (or place of registration of the individual entrepreneur), as well as an email address, must be indicated. The defendant is expected to provide similar information whenever possible. If this is not possible, then the data is taken based on the Unified State Register of Legal Entities extract.

3. The name of the claim in an abbreviated version reflects the main essence of the demands that the plaintiff makes against the defendant, and the specific reasons that prompted the plaintiff to file a claim (unfulfilled obligation, violation of rights, etc.).

4. If the claim is material, then its price must be indicated. And for this, first, by carrying out the appropriate calculations, the amount of the claim is determined, which consists not only of the amount of debt, but also of interest, penalties and the amount of obvious losses.

5. Provide information about the amount of state duty paid.

6. Completely, in detail and consistently reveal the essence of the matter. It makes sense to describe the current situation down to the smallest detail, but without unnecessary lyricism. This should be a clear, concise and concise description.

7. Justify your demands, referring either to the evidence presented, to specific articles and paragraphs of the current legislation.

8. It is important to reflect all the requirements in the application, because the court will take into account only the information that is recorded in the claim. Even if, according to the law, the plaintiff can count on something more, the court will still, when rendering a verdict, rely on the requirements presented to the opponent in the statement of claim.

9. The date of filing the claim and the signature of the plaintiff are indicated.

The following documents are attached to the statement of claim:

• Evidence and other documents relevant to the case. • If the claim is material, then a calculation of the cost of the claim must be attached. • A document proving that the claim against the defendant was filed pre-trial, if this is provided for by the contract or current legislation. • Receipt for payment of state duty. • “Coil” of the notice, which is proof that the claim was previously received by other parties to the process (or sent to them).

The statement of claim can be brought to the Moscow Arbitration Court in person, or sent by registered mail. In addition, it is possible to send a claim to court using electronic means of communication - using the Internet. For the latter option, the “My Arbitrator” electronic filing system operates.

The plaintiff is obliged to send copies of the claim to all interested parties, and to the defendant - first of all. After filing a claim, the court accepts the case for proceedings, and as a result, a trial is scheduled, the date of which is notified to everyone related to the case.

Submission order

The rules for sending a claim request to the AC involve the preparation of all documents that support the task so that the request does not remain without consideration.
First, the plaintiff needs to find out the jurisdiction of the dispute, which is regulated by Art. Art. 27 and 28 of the Arbitration Procedure Code of the Russian Federation, indicating that the Arbitration Court considers cases of economic conflicts.

Thus, having made sure that the conflict should be considered by the AC, it is necessary to begin preparing a set of materials for sending a claim to the AC.

It should be noted that the AS registers any package of materials. However, if the set is incomplete, the CA will leave the filed claim without consideration until the comments are corrected - usually about 1 month is given (clause 1 of Article 128 of the Arbitration Procedure Code of the Russian Federation). Therefore, it is important to comply with the form and text of the document.

Art. 125 of the Arbitration Procedure Code of the Russian Federation regulates the required structure of the claim, which is displayed in the above-described section “Form and content of the claim.”

An important circumstance before sending the claim is that the applicant is obliged to send copies of the claim with copies of the attached materials, except for the AS, to all participants in the case by registered mail with notification.

In Art. 126 of the Arbitration Procedure Code of the Russian Federation provides an indispensable list of materials to be attached to the claim:

A receipt for sending copies of the claim and materials attached to it to other participants in the case.
A receipt certifying the transfer of the fee, in accordance with the regulations of the Russian Federation, or a request for a deferment/installment plan, or a reduction in the payment amount.
Materials certifying the evidence base.
Copies of a certificate of state registration of a legal entity or individual entrepreneur.
A power of attorney giving the power of attorney to act for the plaintiff.
Copies of the AC's determination on the availability of property before filing the claim.
Documents certifying the plaintiff’s compliance with pre-trial rules, if they are regulated by law or agreement.
A draft contract, if a claim is made regarding the requirement to conclude it.
An extract from the state register of legal entities or individual entrepreneurs showing data on the address of the applicant and the accused. These certificates must be received no earlier than one month before the day the plaintiff sends the claim to the AC.

Note : All materials of more than one sheet must be stitched, numbered and, in some cases, sealed.

The attached materials must be sorted according to the list displayed in the request application.

After generating a package of documents, you need to send the claim to the AS determined the day before.

You can register a claim by visiting the CA office in person and marking the plaintiff’s copy with the registration number and the date of acceptance of the package of documents.

You can also send documents by registered mail, with delivery notification.

And of course, the most convenient and modern way to deliver a claim request is the Internet service. To do this, the plaintiff will need to register on the website my.arbitr.ru.

Thanks to this service, the plaintiff will be able to track the legal process (for example, submission of new evidence by participants, statements by participants, filing of counterclaims and other complaints).

Rules for preparing a statement of claim to the arbitration court

Filing a claim in an arbitration court is strictly regulated by the Arbitration Procedure Code of the Russian Federation, since cases considered in the arbitration process require stricter compliance with the legal preparation of documents.

As a general rule, persons can file a claim with the arbitration court to protect their rights or the rights or legitimate interests of other persons that have been violated or disputed by the defendant (Article 4 of the Arbitration Procedure Code of the Russian Federation).

A number of special entities have the right to apply to arbitration in order to protect public interests (clause 2 of article 53 of the Arbitration Procedure Code of the Russian Federation, resolution of the plenum of the Supreme Arbitration Court of the Russian Federation dated July 18, 2014 No. 51).

Before filing a claim, it is worth checking whether the law or agreement has established a mandatory pre-trial (for example, claim) resolution procedure for this dispute. Failure to comply with it entails leaving the plaintiff’s application without consideration (subclause 2, paragraph 1, article 148 of the Arbitration Procedure Code of the Russian Federation).

The further outcome of the case depends on the correct execution of the package of documents required to file a claim in arbitration.

Review period

Article 154 of the Code of Civil Procedure of the Russian Federation regulates all procedural deadlines for conducting judicial proceedings.
According to this article, the total time for processing a claim should not exceed 2 months. During this period, the court is obliged to investigate and decide on a decision on the registered claim in the court office. At the same time, the trial time by the magistrate court was reduced to 30 days. In addition, cases of re-employment and alimony claims are considered in a shorter time frame, the duration of which is limited to a one-month period. Thus, the production of a claim involves the following stages:

Acceptance of the claim. When the court accepts the claim for proceedings, within 5 days it issues a ruling, which is sent to all participants in the process the next day.
Refusal to accept him. The return of the claim to the applicant is allowed due to errors made by him when filing it.
Leaving the claim without progress. “Freezing” a request is possible on the basis of Art. 136 of the Code of Civil Procedure of the Russian Federation, in the absence of application documents required by Art. 132 Code of Civil Procedure. This circumstance is reflected in the response to the plaintiff, outlining the comments, as well as the deadlines for elimination.
Return of documents to the plaintiff. If the plaintiff promptly corrects all notices, the claim is considered filed on the date of initial service in the CA. If the deadline for eliminating the comments is missed, the documents are returned to the plaintiff (Article 134 of the Code of Civil Procedure of the Russian Federation).

After accepting the claim from the claimant, the judge determines a preliminary hearing date. After the preliminary hearing, the judge sets a date for the main hearing. The second hearing and determination of the decision, the judge must determine within 2 months.

After the decision is announced, the judge’s responsibility is to write the final version of the decision within 5 days. This time is counted from the date of announcement of the decision.

The announced decision, according to the standards of the Russian Federation, comes into force after 10 days, after the written delivery of the decision to the defendant.

The bailiff has 3 months to execute the announced decision of the judge.

Filing a claim to the arbitration court

Filing a claim with an arbitration court is accompanied by the development of a line of dispute - a position that represents an order, a set of settings, and the position of the party on resolving and settling the dispute that has arisen.

To correctly develop this line of argument, in most cases, the help and advice of a lawyer is required. It is the lawyer who will help develop the necessary position and tactics for resolving the dispute, and will be able to file a claim in arbitration court, taking into account the exact requirements of the law.

The most common mistake in filing a claim in arbitration court is incorrectly formulated demands. In addition, a correct justification of the plaintiff’s claims is required, indicating the calculation of monetary amounts, followed by explanations and confirmation of the attached documents.

Filing a claim with the arbitration court, subject to the above requirements, will be the key to a speedy, correct and objective consideration of the case.

The procedure for receiving documents is sent either in person to the court office or by mail with a list of attachments. The procedure itself is quite simple: the claim is checked to ensure it contains the necessary information and is checked against the attached documents.

Therefore, when filling out an application in an application, it is necessary to accurately indicate the number and date of the document in order to simplify the search in the process of accepting this application.

How to withdraw a statement of claim from an arbitration court sample

Not all lawsuits sent to court result in a court decision.
The circumstances for this vary. For example, the applicant may change his mind and cancel his claims, or the court may refuse to accept the case. The claimant has the right to cancel claims sent the day before at the following points:

In case of amicable resolution of the conflict, if the parties agreed and fulfilled their contractual obligations. In such a situation, the question arises - how to cancel claims?
It should be noted that the claim can be annulled at any time, right up to the court’s decision. It will no longer be possible to withdraw once the decision is announced.

Therefore, before canceling the claim, it is necessary to find out whether the request has been accepted for production or not. If not, then the claim can be returned at the written request of the plaintiff.