According to the provisions of Russian law, the defendant has the right to admit the claim, in whole or in part. To formalize such a recognition, it is important to know the requirements of the law.
The Civil Procedure Code of Russia describes in detail the rights and obligations of the parties and third parties. One of the rights of the defendant and the third party is the recognition of the claims made by the plaintiff.
The consent to the claim can be full or partial. And in fact, and in another case, it is important to correctly formalize this statement of will of the defendant.
At what stage of the proceedings can a claim be recognized
Partial recognition of claims is possible during the entire civil process, but before the judge leaves for the deliberation room to decide the verdict.
Once the decision is made, it makes no sense to recognize the claim, since the claims have already been satisfied (or, conversely, the claim has been denied).
Registration procedure
The law does not contain clear requirements on how the recognition is fixed. But there are rules for drawing up the minutes of court sessions and a certain judicial practice has been developed.
• Partially admitting claims can be made orally. In this case, the statement of the defendant or a third party shall be entered into the minutes of the court session. The person who acknowledged the requirements puts his signature and date under this entry.
• Writing of this procedural action is also possible. The defendant draws up a statement on his own behalf and addresses it to the judge considering the case. The details of the document must contain information about the participants in the case (name, surnames, addresses, procedural status) and a request to accept a partial recognition of the claim.
The application is written in advance and presented at the court hearing or submitted in advance to the court office or by mail.
• It is necessary to indicate in which part the requirements are recognized. For example, the amount of the claim is 80,000 rubles, and the defendant agrees to pay 50,000 rubles. This means that he admitted the claims in part, in the amount of 50,000 rubles.
A representative of a party is also allowed to agree with part of the claim, if the power of attorney provides for the appropriate powers.
Conditions under which a claim may be recognized
Not every claim can be accepted. The court is allowed to accept a partial admission of a claim if it is legal and does not affect the rights and interests of others. For example, a lawsuit was filed to evict the ex-wife and child. At the same time, by a court decision on divorce, the child was transferred to the upbringing of the mother. The wife partially admitted the claim and agreed to move out from the occupied living space. The court does not have the right to give its consent, as this will violate the rights of the child, who has the right to live and be raised with the mother.
Therefore, the courts carefully check the legality and legality of the consent of the defendant or a third party with the claim and only then accept this admission.
If the court has accepted a partial recognition of the claim, then in the decision it has the right to refer to this fact and not to motivate the verdict in this part.
The will of the defendant does not terminate the consideration of the case on the merits and does not affect the distribution of court costs.
