Classification Of Claims

The Constitution of the Russian Federation, followed by GIC and establish the right of every citizen to judicial protection. In case of violation of law or contesting any interested person may apply to the court for protecting his rights. The basic form of such protection advocates sue to protect the right shape. The concept of 'action' comes from the word 'search' – seek to satisfy their requirements, protect its interests. Despite this seemingly simple determination about the claim has long been an ongoing debate in the Russian law (Ekaterinburg, Sverdlovsk Region, Ural, Chelyabinsk, Perm, Tyumen).

Claim – an institution of procedural law – an appeal to the court claim interested person, arising from the disputed legal relationship, to protect his or another's rights or legally protected interest to be considered and resolved in accordance with the law. Currently, the following main classifications of action for the following reasons: At the subject of the claim – the procedural and legal classification of claims; At the objects of protection – the substantive classification actions; At the character protected interest. Speaking about the procedural and legal classification of claims, release: 1) claims for recognition, which are aimed at recognition of his rights to other person who challenges the it (for example, an acknowledgment of paternity or recognition of a person as missing). Claims for recognition are classified into positive actions (which have the aim to secure for the plaintiff a certain right, for example, a vehicle under the agreement) and negative (whose purpose, contrary to refuse any duty, such as non-recognition of the father of any child or entry into marriage) 2) complaints about the award, characterized by the fact that his statement of claim the plaintiff asked the court not only to recognize him specific rights, but still force the defendant to commit legal actions (such as monetary compensation to the plaintiff, to leave the premises, to submit the car keys and other). In practice, often filed by the applicant claim, which combines the features and the recognition of the claim, and claim the award (for example, a claim for recognition of the sales contract invalid and the transfer of vehicle keys and documents old owner – the plaintiff). 3) transforming actions – those actions that are aimed at ending (for example, share a common joint property), change (for example, to allocate its share in the common ownership) or emergence of a new relationship. Some scientists are also classify claims based on the nature of protected interests of the owner (that is, who is a plaintiff in the court) and isolated personal actions (eg, physical, and legal persons), claims to protect the state (for example, in international courts), claims to protect the interests of others. Thus, the classification of actions can be carried out for various reasons and criteria and to conduct it should be, because it allows you to work on the synthesis of judicial practice on the various types of cases and take appropriate laws and regulations, to prepare highly professional and legal identify social status of certain social processes.