On Requirements to a Claim in a Civil and Arbitration Procedure

The article discusses the requirements for the form and content of a statement of claim in civil and arbitration proceedings. The authors’ interest in this issue is due to global changes made to the civil and arbitration process as a result of the institutional reform and came into force in the fall of 2019. For example, the requirements for documents attached to a statement of claim have been clarified in the civil procedure. So, at present, the plaintiff, when applying to the court of general jurisdiction according to the rules of civil procedure, must submit a delivery receipt or other documents confirming the sending to other persons involved in the case, copies of the statement of claim and the documents attached to it. Such rules have long existed in the arbitration process. Along with that, as follows from part 3 of Article 114 of the Civil Procedure Code of the Russian Federation, at the same time as the court summons or other judicial notice addressed to the defendant, the judge sends a copy of the statement of claim. Thus, the existence of this rule preserves to the obligation of the court to send a copy of the statement of claim to the persons involved in the case, as, it this was before the introduction of global amendments. In this regard, in order to uniformly and accurately apply the rules of the process, the authors propose clarifying the norms of the Civil Procedure Code of the Russian Federation in this part. Also in the work, the authors raised the problems of unification of the process, proposed some approaches to improve procedural legislation.