The Civil Procedure Code of the Russian Federation establishes that the parties to the civil procedure are the plaintiff and the defendant. The defendant is the person against whom the claim is filed. But in some cases it can be difficult to identify the respondent.
Instructions
Step 1
Claims can be brought against both an individual and a legal entity. To become a defendant, a citizen or business must be directly guilty of violating your rights. Analyze the situation and clearly determine whether you have been harmed by the actions (inaction) of a specific person or the organization as a whole.
Step 2
So, in solving labor disputes, the question often arises of who to make demands: the employer or the director of the enterprise. In case of violation of your rights enshrined in the Labor Code of the Russian Federation, the defendant is the employer (that is, the enterprise), its head in this case acts simply as an executive body.
Step 3
The director himself can become a defendant in the process if he violated your rights not as an employee, but as a citizen - he harassed you on a national basis, humiliated, forced you to have an intimate relationship, and so on. In the latter case, the norms will no longer apply civil, but constitutional or criminal law.
Step 4
There may be several defendants in a case. A fairly common case is the joint liability of the borrower and the guarantor when concluding a loan agreement with a financial institution. In this case, the guarantor bears the burden under the loan agreement to the same extent as the borrower, provided that the latter does not fulfill its obligations. Therefore, the plaintiff has the right to demand a refund from several defendants at once.
Step 5
Involvement of co-defendants is possible even after the start of the consideration of the case, if it turns out that the essence of the issue under consideration must be called to account and other persons. Also, if you initially incorrectly identified the defendant, but in the course of the court found out to whom your claims should be presented in the claim, the defendant can be replaced in court. The procedure for replacing the inappropriate defendant is properly documented by a petition. On its basis, the court issues a ruling to replace the defendant.
