Before writing a statement of claim on a particular issue, it is necessary to determine which court has the right to consider such a case. The jurisdiction of the judiciary is regulated by law.
Jurisdiction rules
The rules of jurisdiction, in accordance with which you can independently decide which court your question belongs to, are stipulated in Chapter 3 of the Civil Procedure Code (CPC), which is called "Jurisdiction and Jurisdiction". Jurisdiction allows you to determine what issues are in the competence of a particular court. Therefore, in order for your application to be accepted for consideration immediately and you do not have to pay a state fee again, before submitting an application, you should definitely decide to which judicial body you need to file a claim. Jurisdiction is differentiated according to the generic (subject) principle and territorial.
Generic jurisdiction
Chapter 24 of the Code of Civil Procedure of the Russian Federation states that civil cases are considered in district courts of general jurisdiction. An exception is the cases provided for in Articles 23 and 25-27. Article 23 stipulates issues that are accepted for consideration by justices of the peace. These are, as a rule, the simplest cases: cases on the issuance of a court order or on divorce, when there is no dispute about children between the former spouses, as well as other family disputes, except in cases of establishing paternity, which are considered in district courts. Articles 25-27 list cases that need to be considered in arbitration, for example, bankruptcy cases or corporate disputes, one of the parties to which is an individual who does not have the status of an individual entrepreneur.
In the event that your question is not in the competence of a magistrate or some specialized court, the application should be submitted to the district court, as a court of first instance.
Territorial jurisdiction
According to article 28 of the Code of Civil Procedure of the Russian Federation, a statement of claim in the general case must be submitted to the court of the district in which the defendant lives or is located (if the defendant is a legal entity). But there are exceptions in the case of determining the territorial jurisdiction. Article 29 of the Code of Civil Procedure provides a list of issues that can be considered alternatively in the court at your place of residence, for example, a case on establishing paternity or collecting alimony.
Articles 31-33 of the Code of Civil Procedure of the Russian Federation stipulate other exceptions that should be taken into account when determining the territorial affiliation of the court.
In some cases stipulated in Article 30 of the Code of Civil Procedure of the Russian Federation, exclusive jurisdiction is provided. These are, for example, cases related to issues of land and subsoil use, other real estate, which should be considered in courts at the location of the objects of dispute, or related to inheritance, which are considered with the court at the place of opening the inheritance.
