Conditions for accepting or refusing claims
If the defendant agrees to accept the conditions specified in the petition, then it is far from a fact that the court will satisfy them. The court may refuse in the following cases:
- If these actions seriously violate state rights and interests, or the rights of citizens or legal entities.
- If such actions were designed to deceive or mislead the defendant.
- If one of the participants deliberately misled the second participant. Or, under threat of physical harm, he forced me to make such a decision.
- If circumstances that were directly related to the legal proceedings were deliberately hidden.
Note! The judge is obliged to explain to the defendant the consequences of agreeing with such a decision. All conditions that a citizen decides to agree to must be listed point by point in the court record of the meeting.
Registration regulations
The legislative acts of the Russian Federation do not strictly establish the requirements that are recognized by the defendant during the trial. However, there are rules on the basis of which minutes of a court hearing must be drawn up. Before announcing the final verdict on granting the refusal, the judge often takes as a basis the current practice of the courts, as well as decisions of higher authorities.
Registration of partial consent
Partial consent can be provided in two ways:
- All points with which the defendant agrees must be communicated orally. They must be included in the court record, which is kept by the court secretary. After which the defendant, who has agreed to part of the terms, must sign and date it.
- The defendant prepares a statement of recognition of the claim in advance, which is attached to the case materials. The application for recognition of the claim by the defendant must clearly and clearly set out all the conditions with which he agrees. As well as the conditions that the judge will study in the future. If the application for recognition of the claim is of a material nature, then the citizen must indicate the amount with which he agrees. And also the amount that he refuses to pay.
Note! If the interests of the defendant are represented by a lawyer, then he can carry out this procedure. However, to do this, he must have a power of attorney to perform such actions.
Procedure for consideration
After receiving the documents, the court sets a date for consideration of the case. The parties are notified of this by summons. During the hearing, the judge considers the parties' arguments. If the plaintiff has title documents in hand, it will be easier to achieve a positive verdict. In the event that they are lost, receipts for payment of utilities, repair work, witness statements, etc. serve as evidence. In this case, the court will make a decision based on the presumption of actual possession.
When confirming the rights to an unauthorized construction, it will be necessary to prove that it complies with technical standards and its construction does not violate the interests of other owners.
Judicial practice shows: if the application is drawn up correctly and the documents are in order, the decision is usually made in favor of the plaintiff. After this, he can contact the BTI and registration authorities to document ownership of the property.
A party not satisfied with the decision may challenge it within 10 days.
We recommend you know: how to register an apartment as property by inheritance.
Application for recognition of conditions. Design algorithm
A standard sample application for recognition of a claim by a defendant can be easily found on the Internet. Examples of documents are also available on information boards in the courthouse. You can get a sample from a lawyer.
The application for recognition of the claim by the defendant must contain the following information:
- Personal data about the parties to the dispute, their addresses.
- The name of the document is centered in the text.
- Information about the proceedings, its number, the reasons why the defendant agreed to the conditions.
- Requirements with which the citizen agreed and their size.
- A message that the defendant is aware of the consequences associated with consent.
- Date and signature of the applicant.
Judicial practice on cancellation of recognition of a claim
Decision in the case of the Marksovsky City Court of General Jurisdiction of the Saratov Region dated 9.02. 18, Marx.
The claim was filed by the interdistrict prosecutor in order to protect the interests of an unspecified group of persons in the secondary school of the village. Privolzhskoe Marksovsky district. in assigning responsibilities for the creation of an electronic library in a given educational institution. Based on the facts stated in the statement, the plaintiff asked the court to oblige the defendant to create a digital library before September 1, 2021.
The person representing the defendant, represented by the director of the secondary school from Privolzhskoe, Shashlov M., was notified of the time and place of the court hearing, but did not appear in court and provided a written statement recognizing the plaintiff’s claims and conducting the case in her absence.
Based on Art. 39 of the Code of Civil Procedure of the Russian Federation on the right of the defendant to recognize the claim and the right to have this recognition accepted by the court, as well as Article 173 of the Code of Civil Procedure of the Russian Federation, the court satisfied the plaintiff’s demands.
Decision in the case dated 07.15, Barnaul.
The case is based on the claim of Botvinov A.V. to Polonsky A.V. on the repayment of debt under a loan agreement. A loan agreement in the amount of 200 thousand rubles was concluded between the plaintiff and the defendant. and the return period is fixed. The terms of the contract were violated by the defendant—the money was not returned on time. During the trial, the defendant's representative acknowledged the plaintiff's request and provided a corresponding written statement.
A sample claim for invalidation of a transaction can be downloaded here.
Read the article about the content of the claim to determine the child’s place of residence.
Having considered the case and not finding data on the defendant’s return of the amount, interest and fines on the debt, in accordance with the norms of the Civil Code of the Russian Federation and the provisions of the loan agreement, the court announced the existence of grounds for satisfying the claim.
The court found no grounds for refusing to accept the defendant's claim and, based on the facts studied, decided to satisfy the plaintiff's demands in full.
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Appeal against consent to claim
This court ruling can be challenged. If the defendant makes such a petition to the court, the judge will consider it for its negative impact on other people.
Expert opinion
Makarov Evgeniy Sergeevich
Arbitration manager with more than 10 years of experience
If violations were discovered during the proceedings, the other participant has the authority to challenge the decision that was made based on the defendant’s petition. One reason for a challenge may be ignorance of the consequences of the defendant's consent. Due to these errors, courts are careful when filing such a petition.
If the judge refuses to satisfy the claim, then such a document can only be challenged with a final court verdict. The regulation applies to everyone, regardless of what form of consent to the claim was used. In this case, a private complaint cannot be filed.
Sample petition for recognition of a claim as a defendant
You can download the document by following this link
Consequences for the defendant
A person who agrees with the claim is obliged:
- Extort all demands on a voluntary basis.
- Comply with court orders.
- Refuse to appeal the decision in the future.
Note! These circumstances come into effect immediately after the end of the trial and are also subject to mandatory execution.
If the culprit or his lawyer cannot provide arguments that would prove his innocence, then refusal makes it possible to:
- Mitigate the decision of the court.
- Receive a guaranteed deferment in the execution of the decision if the claim is of a material nature.
- Suspend or terminate the proceedings, as well as enter into a settlement agreement.
Expert opinion
Makarov Evgeniy Sergeevich
Arbitration manager with more than 10 years of experience
It is important to understand that agreeing to the plaintiff’s terms can sometimes lead to more severe consequences. For example, not only administrative, but also criminal liability. Therefore, it is extremely important for the defendant to study all the plaintiff’s arguments so as not to find himself in a more difficult situation. If they are reasoned and can be satisfied by the court, then in case of disagreement with the claim, more serious sanctions will follow.
Important! The disadvantage of such recognition here is the fact that the defendant refuses to fulfill his obligations. In this case, not a decision is made on the basis of article number 194 of the Procedural Code, but a ruling on recognition of the claim to establish a settlement agreement. This is what is the hardest to do.
Consequences and order
Agreeing with the statement of claim has legal consequences in the form of a court decision to satisfy the claims. At the time of filing the relevant demand, the court is obliged to explain to the applicant the consequences for a full understanding of the inevitability of the actions taken.
A party to the case must understand that he agrees with the claims, and not with the acceptance of individual facts revealed during the consideration of the case. In practice, these two concepts are often confused. The main difference is that the consequences of admitting claims represent the final stage of the legal process in which the court will make a decision, while the acceptance of individual facts will mean agreement only with certain points and is not the basis for a decision to satisfy the claim. The procedural action in question is performed only at the trial stage.
This is important to know: Statement of claim for violation of consumer rights: sample
At the trial stage, the concept of “claim for recognition” is often mistakenly used. The existence of such a document is impossible; this statement is based on the legal nature of both documents. The claim, in contrast to the statement of agreement with the claim, is of an initial nature.
Responsibilities of the judiciary
The minutes of the court session include:
- The plaintiff's motion to waive his terms.
- Agreement with the requirements by the second participant or his authorized representative.
- Conditions for concluding a settlement agreement.
All of the above points must be attached to the records management materials.
If the defendant accepts the plaintiff’s conditions, the judge is obliged to explain the consequences of such a decision.
If everything is clear to him, then this must be reflected in the statement and the minutes of the court hearing.
If the petition does not reflect the consequences of the decision, the judge is obliged to explain this during the study of the paperwork. If these rules are not followed, the decision can subsequently be appealed to a higher authority, as this is considered a serious violation of the law.
