Counterclaim

The Institute of Counter-claims is a fairly ancient legal instrument. It existed in one form or another from the moment of the appearance of legal norms and legal proceedings in human history. This tool allows you to quickly and most effectively in the context of judicial reviews restore the violated right and find the truth.

The counterclaim in the civil process is an independent claim against the plaintiff on the part of the defendant, which has a certain connection with the plaintiff's initial claims. Joint consideration of requirements is considered expedient, since it allows to explore a more complete picture of the existing relations between the parties. In this regard, it becomes possible to make the most correct decision by solving two claims in one process. Thus, justice is carried out more quickly and with the least expenditure of forces of participants in the case. The presentation of demands by the respondent acts as a means, a method of protecting his interests.

As well as the above, a counterclaim in the arbitration process is accepted according to certain conditions:

- if the application is directed towards offsetting the claim presented initially;

- if the counterclaim has a certain connection with the initial requirements, while their joint consideration facilitates a more rapid completion of the proceedings;

- if the satisfaction of counterclaims excludes the satisfaction of the initial requirements (either fully or partially).

The defendant can present his application at any time before the court leaves for the advisory room. However, it is advisable to file a counterclaim during the preparation for the case.

The requirements of the respondent are applicable as generally established rules for registration (according to Article 131-132 of the Civil Procedural Code of the Russian Federation), and special conditions. So, counterclaim is not allowed to offset, if according to the statement of the other party the application of the statute of limitations takes place, and this period has expired. This, in particular, refers to claims for compensation for harm caused to health or life, for life-long maintenance.

A counterclaim must be filed in accordance with the conditions established by law. In case of violation or non-observance of any rules, the claimed requirements can be left without movement or returned, the acceptance may be refused.

The general conditions of the jurisdiction of claims are not applicable to counterclaims - for them special jurisdiction is established. It is determined by the connection with the original requirements.

A counterclaim is filed at the place of consideration of the original claim and is resolved by the court in making a general decision containing judgments and initial requirements, and on counterclaims. During the consideration of the case, the parties have the right to an amicable agreement.

A counterclaim can be made to offset the initial claims. At the same time, the claim for offsetting can be claimed by the respondent in the form of objections. This is possible in the case when the counterclaim is less than the original claim (according to the size of the claims).

The expediency of accepting applications is determined by the court at its discretion. In connection with the fact that the application of any counterclaim always complicates the process, in view of the fact that the volume of research of the circumstances of the case and the evidence of the parties increases, its acceptance is allowed only in the presence of the relationship between the initial and counter claims. In addition, the court decides whether simultaneous consideration will facilitate the most correct and prompt decision-making.

Refusal to accept counterclaims does not prevent the defendant from registering them as an independent claim and bringing it to court in a generally accepted order.