There are often news reports in the media that say that a certain citizen or company has sued in a lawsuit. What does this legal term mean?
General concept of the plaintiff
A plaintiff is an individual or an organization who files a statement of claim with a court in order to protect their legitimate interests. This term is used in civil proceedings, i.e. when considering civil cases. If we are talking about a constitutional dispute, then the plaintiff is the authority that has claims against other authorities.
Any person who has civil procedural legal capacity can become a plaintiff. Going to court with a demand to protect rights and interests is called a claim. As a rule, the initiation of a case is initiated by the victim himself, who submits a lawsuit. However, state bodies can also file a claim in defense of the injured person.
In cases where the plaintiff is an organization, the trial is held with the participation of its authorized officials, who are supported by a lawyer. Moreover, the latter should not be the organization's lawyer, but a hired specialist.
Who cannot be a plaintiff?
A minor (under the age of 14) or an incapacitated plaintiff cannot independently defend his interests in court. This right is transferred to its legal representatives. These can be, for example, parents and guardians.
A special category includes citizens aged 14 to 18 years and people with limited legal capacity. They need a legal representative, but the proceedings must be conducted with the involvement of the plaintiffs themselves.
There are also individual cases in which a minor (over 14 years old), being a plaintiff, has the right to participate independently in the case. Such an opportunity arises if a citizen has entered into marriage or has been recognized as fully capable. In addition, similar situations occur in certain types of disputes (in particular, labor).
Features of legal practice
If there are several plaintiffs in the same case, then each of them must bring his own claim. The Russian law prohibits the filing of collective complaints. It is allowed to bring claims to protect not your own interests, but the interests of another person. However, in such cases, it is required that a power of attorney with the signature of the victim himself be attached to the claim.
Note that in jurisprudence there is the concept of "applicant". This term is narrower than “plaintiff”. However, in practice, in oral speech, they are used synonymously.
The plaintiff is considered a victim in the case if the court convicted the defendant or if it was proved that the plaintiff was harmed as a result of the commission of the act under consideration in the court.
