Pre-trial settlement of the dispute in the civil process. Pre-trial settlement of the dispute in the civil process

Before starting a long and costly process in the building of the Themis, it is necessary first to make a pre-trial settlement of the dispute in the civil process. This is done for the following reasons: there is no time for lengthy proceedings, unwillingness to spend extra money, etc. In addition, according to the current legislation, pre-trial settlement of the dispute in the civil process must necessarily be undertaken. Without such actions, the court will ignore the claims. What do you need to know for this? We will discuss aspects of the pre-trial dispute settlement procedure in the article.

The concept of

A bit of theory. Pre-trial settlement of a dispute in a civil proceeding is a measure that allows resolving the claims of two legal entities, both legal entities and physical persons. It is important to solve the problem yourself, try to negotiate, find solutions. It often happens that both sides do not want to start litigation, but there are any obstacles to fulfill all the terms of the contract in full.

Force Majeure as the cause of the default

There may be situations where, after the conclusion of the contract, one party falls into force majeure. Model the situation. The company took seafood from the supplier for sale. However, an emergency situation occurred - refusal of refrigeration equipment. As a result, all the products deteriorated. One side suffered serious losses. Now she needs to somehow pay for the goods with the supplier, but there is no such possibility.

Exits from the situation

Pre-trial settlement of the dispute in the civil process can help both sides. What exits can be from a similar situation?

1. Installments. The parties agree that for the damaged goods the calculation will be made in parts after a certain period of time.
2. The contract for a new party for implementation. If the parties come to the conclusion that a really emergency situation has occurred, then they can come to a decision on the continuation of cooperation. The supplier can provide another lot to save the partner from ruin, thereby increasing his future profit. Such an example shows that the pre-trial order of the dispute settlement in the civil process not only can solve the momentary conflict, but also will allow to extract long-term profit.
3. Provision of property equal in value to obligations. In our example, the company can provide the supplier with equipment and machinery as a calculation for spoiled seafood.
4. Other measures that do not contradict the law.

Claim handling

Let's talk about the format of pre-trial settlement of disputes. Before contacting the servants of Themis for the purpose of resolving a dispute, it is necessary to present written claims to the other party. Of course, you can meet in person and discuss everything. However, the fact of such a meeting may be questioned if the other party does not confirm this. The court simply refuses the lawsuits.

It is necessary to present a written claim to the other party. By sending a registered letter to the legal address of the company, you can be sure that the pre-trial order of the dispute settlement in the civil process is not violated. If the second party is an individual, then the letter should be sent to the place of registration. If he does not live at the address and has not received the letter, this does not cancel the established procedure for the proceedings. This is tantamount to ignoring, as the duty of a citizen to monitor incoming correspondence.

The essence and content of the claim

In a written claim, it is necessary to indicate the essence of the violated rights, the grounds on which they arose. For example, a loan agreement, a receipt, etc. In addition, you need to specify the time to eliminate the violated rights, as well as the consequences in case of failure to comply with the requirements.

If a trusted person sends a complaint, for example a lawyer, then a copy of the document confirming the relevant authority must be attached to it. Usually this is a copy of the power of attorney certified by a notary.

The first thing to write in the claim is the parties' data. Exact name of organizations, their legal addresses. If it is an individual, then his last name, first name, address of registration.

In the main part there is a description of the existing relationships of the parties. For example, the creditor and the borrower in accordance with the loan agreement, the details of which must also include: the number, the date of signing, list all the persons specified in it, etc. After this, it is necessary to indicate a violation of rights, arguing the position with a specific clause of the contract, Legal norms. Completing the main part of the claim is required by the requirements with a mandatory deadline. If the process is associated with cash returns, then you need to specify the requisites. However, this item is optional, since it is indicated in the conclusion of obligations. At the end, a number, a signature, a list of the application, to which copies of the power of attorney, contracts, other documents may enter.

Pre-trial settlement of a dispute in a civil process: an example of writing a claim

An example sample might look like this:

"I, Ivanov Petr Petrovich, since 2015 was employed by JSC Salyut on the basis of an employment contract dated June 14, 2015.

My position is the head of a food shop with a salary of 22 thousand rubles.

I was given a work place, I installed a shift schedule. I did my job in good faith, fully executed all the items of the job description. Disciplinary punishment was not subjected.

On May 16, 2016, the employer unlawfully removed me from his job. As an argument he indicated the state of alcoholic intoxication. With such conclusions, I disagreed, offered to conduct a medical examination. However, the head refused.

At the same time, I have every reason to believe that I am being fired from my workplace. The employer constantly obstructs me in the performance of work. I do not have the desire to terminate the employment contract at will. However, the employer threatens to be permanently dismissed.

I do not agree with the actions of the company's management. I consider them, including my suspension, illegal.

In accordance with the law, I have the right to receive moral harm from illegal actions of the administration of the enterprise.

In addition, in connection with the violation of my rights, I was forced to apply to the legal center "Legal Protection", to the cashier of which was paid a sum of 10 thousand rubles.

On the basis of the foregoing, I ask:

1. Recognize the Act on finding me in a state of intoxication invalid.
2. To pay in my favor at the expense of compensation for moral harm the amount of 15 thousand rubles.
3. Pay damages for appealing to the legal firm "Legal Protection" in the amount of 10 thousand rubles.
4. Pay all the amounts to my salary account.
5. Stop further all attempts at my dismissal. From dismissal at will I refuse.

Application:

1. A copy of the contract between me and the law firm "Legal Protection".
2. Cash receipt, confirming the payment of legal services. "

All the characters and names are fictitious, all coincidences with random people are random.

As we see, claims can be not only from banks to borrowers, but also from ordinary employees to employers. The latter case can save the workplace, since after a claim in case of dismissal, the judge may think that the motive is personal dislike, and not a violation of labor discipline. The above sample demonstrates a claim under the labor law, and all disputes between employees and employers are included in the list of situations to which a pre-judicial claims procedure for resolving disputes in the civil process must be applied without fail.

Response time

The deadline for responding to a claim depends on the specific situation envisaged by the federal law. However, in most cases it is thirty days. If during this time there is no answer, then it means that the claim was ignored, you can safely sue. Do not forget that the term begins to be calculated not from the moment of sending the registered letter, but from the moment it is received by the other party. Also, you should not rush to go to court on the thirty-first day. Perhaps the other side sent the answer at the last moment, and he had not yet managed to reach the addressee.

Waivers in courts

The lack of evidence in the claim that there was a mandatory pre-trial settlement of disputes in the civil process gives grounds for judges to refuse to consider the claims. They fall into the category of applications filed improperly.

Pre-judicial settlement of arbitration disputes is also mandatory. Courts and such disputes are left without movement.

The legal norm

It is fixed in the law pre-trial settlement of the dispute in the civil process. Article 132 of the Code of Civil Procedure of the Russian Federation specifies a list of documents that are attached to the statement of claim. In the 7th paragraph it is said that it is necessary to attach to it evidence supporting the fulfillment of the mandatory pre-trial settlement of the dispute. Consequently, if they are not, then the requirements will not be considered.

Legal information on pre-trial settlement of disputes

So, before the court, it is necessary to take measures to solve the problem independently. This is enshrined in Art. 132 of the Code of Civil Procedure of the Russian Federation, art. 126 of the agrarian and industrial complex of Russia. Legally pre-trial order is divided into two types:

• Mandatory, according to legislation.
• "Other", according to the concluded contract.

Companies often indicate in the contract the procedure for resolving disputes. In this case, you do not need to send any additional notifications and claims. It is believed that both sides suggest how their future conflict should be resolved. Refusal from pre-trial resolution of problems, according to the contract, implies ignoring the claim. Therefore, as evidence of pre-trial proceedings to the statement of claim, you can attach a copy of the contract with a specific point.

Benefits

Self-resolution of disputes within the law, of course, has a number of undeniable advantages:

• Time. Quicker to negotiate with the other party independently, than months to conduct protracted lawsuits.
• Benefit. After the court decision, payments may last for many years. You can try to restructure debt yourself.
• Possible retention of the client. If you show the wisdom of a diplomat, you can not only return the debt, but also maintain a confidential attitude to the former client. Above we have already simulated the situation with the supplier of seafood.
• No need to look for a good lawyer. Judicial proceedings in each category of cases presuppose mandatory knowledge in this field. Write a claim is much easier than to write a claim. To do this, you will have to hire an experienced lawyer, if he is not in the state. This is an additional cost. Of course, they will fall on the shoulders of the losing side, however, they need to pay lawyers at once, and the return of money through the court can take a long time.

Results

It can be summed up that trying to solve a problem with a former partner or client before the court can give significant advantages that all businessmen appreciate: saving time, saving money, not having to acquire one-time knowledge in the field of law that may no longer be needed. In addition, such processes are mandatory, without them it is impossible to contact the servants of Themis in order to restore civil rights.

We hope that our article will help in complex legal situations. As they say, warned, so armed.