Claiming property in court in 2021: claim, assistance from a lawyer

Request for an obligation to provide documents

As the court decides, it may or may not be requested in the definitions, this is a standard phrase, I usually don’t drive unless the judge specifically says that the originals are needed

Anonymous user Writes: ——————————————————- > iustus, I looked at the article. 75 and I see that the documents > are provided either in the original or in > a properly certified copy. Well, so if the plaintiff > certified his documents with the signature of a representative and his > seal, then he should not > present the originals for review? Previously, it was obligatory to provide > for viewing!

It was the same order before. You should research Art. 71.75 AIC systemically, i.e. When handing over a duly certified copy of a document, you should expect that the court will ask you to provide the original, because the court is bound by Art. part 6 art. 71

During the trial, a dispute arose about the authenticity of the copy of the document made in July 2008. I asked to see the original. the court supported, especially since the plaintiff tried to build the entire evidence on this document. The court demanded the original. On the 6th there was a trial - they didn’t bring the original - I filed a motion to exclude the document from evidence. The move was approved. So the court may not necessarily require the originals for review. If he demands it, the court hearing will be postponed.

Sars, thank you very much for the clarification! Sars, please forgive me for my utter impudence, but could you give me the fish of a petition to reclaim the originals!

And another question, you said that you had a dispute about the authenticity of the copy, i.e. You simply said in court that you doubt the reliability of the copy of the document or presented your version of the copy of this document. Or how was it? Sorry again for my arrogance! I just really need to know how to declare this correctly!

Request for the original of the submitted evidence

Due to the fact that the plaintiff presented at the court hearing a copy of the Inventory List of the land plot for the functional use of the territory, prepared by the GUION on July 17, 2008, the original of which was not presented for review, we request that the original of the above document be presented at the court hearing.

MOTION to exclude a document from evidence.

At the hearing of the Arbitration Court of St. Petersburg and the Leningrad Region, the statement of claim for termination of the Lease Agreement dated 08/16/2010 was attached as evidence of violations by the defendant of the terms of the Lease Agreement, an Inventory Sheet of the land plot for the functional use of the territory dated 07/17/2008. The original of this The statement was not presented to us for review, therefore we believe that the evidence presented raises doubts and has signs of unreliability. Based on the meaning of the presented document, it was concluded that the Nevsky Institute of Language and Culture does not provide educational services, but is engaged in completely different business activities. In connection with the above and on the basis of Art. 71 of the Arbitration Procedure Code of the Russian Federation WE REQUEST 1. To exclude the evidence presented by the plaintiff “Inventory sheet of a land plot for functional use of the territory” dated 08/17/2010 from the evidence.

Well, in connection with our case, the petitions were like this. You can make your own motions within the meaning of your trial.

How to make a request for additional evidence

The decision on the validity of the arguments of the person filing the petition is made by the court.
A refusal cannot be appealed privately; this can be cited as an argument for overturning a court decision only by filing an appeal. If the court decides on the need to inspect and study the evidence at its location, an appropriate ruling is made. The inspection is carried out by the court with notification of all persons participating in the case. If the evidence is geographically removed, then, by order of the court, its examination will be conducted by another court.

The failure of persons notified of the on-site examination of evidence will in no way affect the fact of such procedural action. The procedure is documented in a protocol, and photography, video, and audio recording may be used, and at the court hearing the court will hear arguments regarding the evidence of the persons involved in the case.

To the Krasnogvardeysky District Court of the Belgorod Region

Applicant (

Plaintiff

): Zavgorod Liliya Vasilievna

address: 309920, Biryuch,

st. Vasilyeva, 25, apt. 71

within the framework of case No. 1-234/2021

The Krasnogvardeisky District Court is processing civil case No. 1-234/2021 regarding a claim filed by me against Viktor Yuryevich Malakhov for compensation for material damage. The claims are related to the conclusion of a vehicle lease agreement on November 15, 2020, under the terms of which the Defendant took possession of an OPEL ASTRA car, model 2008, state-owned. number A521RA 51.

Under the terms of clause 6.2. of the Agreement upon expiration of the Agreement Malakhov V.Yu. is obliged to return the car in normal technical condition, corresponding to the acceptance certificate dated November 15, 2020, responsibility for the careful operation and maintenance of the car is assigned to the Defendant, clause 6.4. Agreement.

04/18/2021 The defendant did not select a safe speed for the maneuver and allowed the vehicle to roll over. The plaintiff has a copy of the road accident report dated April 18, 2021, the original and the resolution to refuse to initiate an administrative case are located in the Ministry of Internal Affairs for the Krasnensky district, on the jurisdictional territory where the accident occurred.

One of the legally significant circumstances in the civil case under consideration is proof of the fact of damage to property as a result of the Defendant’s guilty actions. In accordance with the ruling of the above-mentioned court dated May 16, 2021 on accepting the statement of claim for proceedings and Art. 56 of the Code of Civil Procedure of the Russian Federation, the burden of proving this circumstance is placed on the plaintiff.

It is not possible to independently submit to the court an accident report and a resolution to refuse to initiate a case for an administrative offense, since the provision of these documents to me is prohibited by the Federal Law “On Personal Data”. The inclusion of these materials is necessary to prove the Defendant’s guilt, the fact of the accident, which confirms the validity of the claims and the position of the Plaintiff.

These documents are located in the Krasnensky Ministry of Internal Affairs, Belgorod Region.

Based on the above, guided by art. 57 Code of Civil Procedure of the Russian Federation,

Ask:

Request the following evidence from the Ministry of Internal Affairs "Krasnensky" of the Belgorod region: an accident report dated April 18, 2021 with the participation of Viktor Yuryevich Malakhov.
The requested evidence should be added to the materials of civil case 1-234/2021 according to the claim of Zavgorod L.V. to Malakhov V.Yu. on compensation for material damage.

Application:

Copy of the petition

06/03/2021 Zavgorod L.V.

The opportunity to request evidence is directly provided for in Article 57 of the Code of Civil Procedure of the Russian Federation. The court, based on the category and essence of the civil case, determines the range of circumstances to be proven and invites the parties to provide available evidence. A petition to obtain evidence is filed in cases where this is difficult for the parties to the case.

A petition to request evidence must contain:

what evidence needs to be requested, what legally significant circumstances it confirms;
reasons why the evidence cannot be obtained by the applicant independently and cannot be presented to the court;
where is the evidence located - in which organization, government authority, individual, etc.

The petition can be submitted not only in relation to written documents, but also video materials, photographs, etc.

The document is drawn up in writing and submitted directly to the judge, sent by post or through the court office. In the latter case, it is advisable to mark the receipt by the office employee.

A petition to obtain evidence can be filed at any stage of a civil case; it is considered taking into account the opinions of the persons involved in the case. The judge will definitely evaluate the legal significance of the evidence for the correct and objective consideration of the case, the objectivity of the impossibility of its provision by the applicant.

If the request for evidence is granted, the court may issue a request to the applicant, or independently send a request to the person who has it.

A written petition may be submitted (or an oral one) directly during the consideration of the case. Some petitions can be filed simultaneously with filing a statement of claim (for securing a claim), others during the trial and after the end of the trial.

The petition is resolved by satisfying it or refusing to satisfy it, about which a court ruling is made. For some types of petitions to the court, for example, to call witnesses, the decision on its consideration by the court is entered into the protocol. A private complaint may be filed with the court against the court's decision based on the results of consideration of the petitions.

We suggest you read: Necessary documents for obtaining child support after divorce

What evidence can be presented in civil claims, labor claims, etc. can be identified by referring to examples of statements of claim posted on the website, as well as to the article “evidence in civil cases.” The provision of false documents must necessarily lead to the filing of a statement of falsification in court. Only if there is such a petition based on evidence, it can be excluded.

To the Surovikinsky District Court of the Volgograd Region

Defendant: Pchelkin Vladislav Evgenievich,

address: 404414, Surovikino, st. Nikitina, 50, apt. 8

within the framework of civil case No. 7-139/2022

The Surovikinsky District Court of the Volgograd Region is processing civil case No. 7-139/2022 on the claim of Vadim Konstantinovich Shcherbatykh for compensation for damage to health, in which I am the Defendant. The basis for filing the claim was the fact of an accident involving the victim (plaintiff), who was crossing the road in the absence of a pedestrian crossing. One of the plaintiff's demands is compensation for moral damage.

The range of evidence in a civil case includes establishing the Defendant’s guilt in causing moral damage in connection with the fact of a traffic accident. Legally significant circumstances are also the proper behavior of the plaintiff in compliance with the Traffic Rules. In accordance with the objection to the claim, on the basis of a court order, witnesses to the incident V.S. Kolenchuk were interviewed. and Petrova A.K.

In addition to the testimony of witnesses, as a circumstance confirming the fact that the Defendant is not guilty of causing moral damage, as well as in order to objectively establish all the circumstances of the civil case, I believe it is necessary to attach a copy of the decision of the Leninsky District Court to the case materials.

Based on the above, guided by art. 57 Code of Civil Procedure of the Russian Federation

Ask:

Attach additional evidence to the materials of the civil case, namely a certified copy of the decision of the Leninsky District Court of Volgograd to cancel the decision on an administrative offense due to the absence of an administrative offense, as well as a video recorder recording.

Application:

Copy of the petition
A copy of the court decision to cancel the decision on an administrative offense
CD-R disk with video recording of the movement of a VAZ-2106 car, license plate K004KK 73, produced using a DERJD V27 video recorder
Storyboard of the above video.

08/18/2022 Pchelkin V.E.

As a general rule, the plaintiff provides evidence to support his legal position along with filing a statement of claim, and the defendant provides evidence in a response to the claim or objection. When accepting a claim for proceedings, at a preliminary hearing the court explains what legally significant circumstances are relevant to the case and what additional evidence must be presented.

Additional evidence may be provided when a party to the case makes a request for an examination. The expert has the right to examine only those materials that are included and are part of the case. A written opinion from a specialist may also serve as additional evidence when resolving issues regarding the appointment of a repeat or additional examination.

Evidence in civil cases may be presented to the court at any stage of the proceedings before the start of the judicial debate. The focus should be on the significance of the evidence to the case.

A request for additional evidence must contain information:

why there was a need to provide additional evidence;
what circumstances do they confirm (refute);
list of additional evidence;
please add additional evidence to the case file.

We recommend preparing your request for additional evidence in writing. Then such a document will be included in the case and during an appeal it will be easier to refer to the arguments contained in it.

There is little point in filing an application through the court office. Because it is considered in court taking into account the opinions of the persons involved in the case. The other side may object. Because the evidence presented is not relevant to the case. May declare the evidence inadmissible. Therefore, it is worth drawing up a request for additional evidence carefully, taking into account the range of circumstances in the case that are subject to proof.

Statement of claim for the obligation to provide documents for review

To the Arbitration Court_________________ (name, address) Plaintiff:___________________________ (name, location address) Defendant:______________________________ (name, location address)

Third party:______________________________ (name, location address)

_______ — _______ shares, _______% of the authorized capital;
__________ — _________ shares, ________% of the authorized capital;
________ — _________ shares, ________% of the authorized capital;
___________ — __________ shares, ________% of the authorized capital;
__________ — _________ shares, _____% of the authorized capital.

Currently, the Company's shareholders are divided into two conflicting groups. One group includes shareholders with a total of ________% of shares (group 1). The other group includes shareholders who have a total of _______% of shares (group 2). Group 1 elected a CEO _________; the ______ group elected ___________ as general director, took possession of the company’s documentation and, in violation of Art. 4, 89, 90, 91 Federal Law “On Joint-Stock Companies” hides the location of documentation and executive bodies of the Company, and prevents the Company’s shareholders from accessing the Company’s documents. In accordance with Art. 91 Federal Law “On Joint-Stock Companies” the company is obliged to provide shareholders with access to the documents provided for in paragraph 1 of Art. 89, namely: agreement on the creation of a company; the charter of the company, amendments and additions made to the charter of the company, the decision to create the company, the document on state registration of the company, documents confirming the company’s rights to property on its balance sheet. The plaintiffs, being a participant in the limited liability company __________ (hereinafter referred to as the company), in which I own _______ (______) share in the authorized capital of the company, with a nominal value of ________ ____________) rubles, which corresponds to ________% of the authorized capital of the company. In accordance with paragraph 1 of Art. 8 of the Federal Law “On Limited Liability Companies”, company participants have the right to receive information about the activities of the company and get acquainted with its accounting books and other documentation in the manner established by its constituent documents. According to Art. 6 of the Charter ______________, company participants have the right to receive from the company’s management bodies all the necessary information about the company’s activities, to become acquainted with accounting data, reporting and other documentation. Due to this, ______________. The plaintiff appealed to __________ with a demand to provide him with documentation of the company for _____________ for review. The specified requirement was accepted on __________. Secretary ________ for incoming number No. ______________. In addition, in his demand, the plaintiff asked in accordance with Art. _________ of the Charter __________ a week to notify him of the time and place of familiarization with the documents listed in the request. Despite this, to date, the plaintiff has not received any response from _________. Consequently, the plaintiff sees no other way out of this situation than to file a claim with the court for the obligation ____________ to familiarize him with information about the financial and economic activities of the company.

Based on the above, guided by Art. 8 Federal Law “On Limited Liability Companies”

The Charter of the Company, all changes and additions made to the Charter of the Company, registered in the prescribed manner, the protocol on the establishment of the Company, the document on the state registration of the Company.
Documents confirming the Company's rights to property on its balance sheet (specific property).
Annual reports of the Company for ____________, signed by the General Director and Chief Accountant of the Company.
Minutes of all general meetings of participants.
Lists of affiliated persons of the Company for __________.
6. All lists of persons entitled to participate in the general meeting of participants, compiled by the Company in ___________.
All lists of persons participating in the distribution of profits compiled by the Company in ____________.
Acts, conclusions of state and municipal financial control bodies, including reports of tax audits of the Company for _____________.
Documents of accounting and financial statements of the Company for the period from ____________ (quarterly).

When may it be necessary to reclaim property?

Types of claims

Your property may end up in the wrong hands for various reasons, and depending on this, the claims will be different:

on imposing the obligation to return property within the framework of contractual relations;

Situations may be different, for example: the lessor may demand the tenant to return his property upon termination of the lease agreement, the bailor may demand his property from the custodian, the buyer has the right to demand that the seller transfer an individually defined item, and the seller has the right to return the goods to the buyer if they fail to pay .

reclaiming property in connection with restitution for an invalid transaction;

Attention! Formulate your requirements correctly. According to the law, restitution is the return by the parties to each other of everything received under an invalid transaction. And only if it is impossible to return the property in kind, you can demand compensation for its value. In one case, an entrepreneur was denied compensation for the cost of furniture under an invalid municipal contract, since he did not prove that he tried to return his furniture and that it was not preserved in kind (Resolution 15ААс of 03/07/2021 in case A32-57790/19) .

Vindication claim – recovery of property from someone else’s illegal possession.

Keep in mind that vindication can be demanded not only by the owner, but also by an institution, an enterprise that owns property under the right of economic management or operational management, even from the owner (Article 305 of the Civil Code), as well as the owner by virtue of acquisitive prescription (clause 17 Resolution of the Supreme Court and Supreme Arbitration Court No. 10/22 of April 29, 2010).

By the way, you can download a sample statement of claim for the recovery of property from someone else’s illegal possession.

STATEMENT OF CLAIM

about the obligation to provide documents

____________ is a participant in the Limited Liability Company “______” (hereinafter referred to as the “Company”), owns ___% of the authorized capital of the Company.

“_______________” on the basis of trust management agreement No. ____ dated “__”________ ____ and a power of attorney dated “___”________ ____ exercises all rights and fulfills all obligations ___________ as a member of the Company, incl. the right to get acquainted with the documents of the Company.

“__”________ ___ “__________________” a request was sent to the Company to provide a certified copy of the minutes of the General Meeting of Participants on the election of the director of the Company _______. The general meeting was held "__"_________ ____

The request was received by the Company "__"__________ _____.

However, to date, no copy of the protocol has been submitted; no written notices, letters or notices have been sent in response to “__________”.

In accordance with Art. 8 of the Federal Law “On Limited Liability Companies”, a member of the Company has the right to familiarize himself with the documentation of the Company in the manner established by its constituent documents.

Clause _____ of the Company's Charter establishes that the minutes of all General Meetings of the Company's participants are filed in a minutes book, which must be provided to any participant for review at any time.

Since upon an oral appeal to the head of the Company the provision of documents and a book of minutes was refused, “__________________” was forced to send a corresponding written demand.

Based on the above and in accordance with Art. Art. 8, 11, 12 Civil Code of the Russian Federation, Art. 8 Federal Law “On Limited Liability Companies”, Art. 33, 125-126 APC of the Russian Federation,

1. Oblige LLC “______” to provide “____________” with a copy of the minutes of the General Meeting of Participants dated “__”_______ ____, certified by the signature of the director and the seal of the Company, on the appointment of _______________________ as General Director of LLC “______”.

Payment document and statement of payment of state duty.
Receipts for sending a copy of the claim to the defendant.
A copy of the power of attorney "_________________".
Copies of the constituent documents of "_________________".
A copy of the request dated “___”___________ _____.
A copy of the notice of delivery of the demand.

Possible reasons for deviation

Typically, courts always grant such requests, since this is largely in their interests: without solid evidence, it will be extremely difficult to make a reasoned decision. However, in some cases, the judge may decide that the request should be denied. The reasons may be as follows:

It is not indicated which specific documents, and for what specific purposes, must be requested. In this sense, a citizen should be extremely careful. Otherwise, it is unclear what exactly the party wants to prove using these papers.
It is quite common for a petition to be submitted clearly untimely. For example, if the judge decided that it was time to sum up the results and go to make a decision, and at this moment a request is submitted, he may consider this an abuse of law, citing, for example, Article 10 of the Civil Code. Such justification in some cases may be purely formal, so the citizen should continue to defend his rights while filing an appeal.
Finally, if a citizen asks for documents that he can obtain himself

In any case, the party whose request is denied may file an appropriate appeal after the decision has been rendered.

Sample claim on the obligation to provide documents for review

To the Arbitration Court __________________

Plaintiff: [name of organization]

Address: ______ ___________________

Respondent: [name of organization]

(on the obligation to provide documents for review)

[ ] (hereinafter referred to as the Company) was registered in [ ] [ ], certificate No. [ ] . The authorized capital of the Company is [ ] rubles, consisting of [ ] ordinary registered shares with a par value of [ ] rubles, state registration code [ ].

Currently, the Company consists of [ ] shareholders, among whom shares are distributed as follows:

— [ ] — [ ] shares, [ ] % of the authorized capital;

— [ ] — [ ] shares, [ ] % of the authorized capital.

Currently, the Company's shareholders are divided into two conflicting groups. One group includes shareholders with a total of [ ]% of shares (group 1). The other group includes shareholders with a total of [ ]% of shares (group 2).

Group 1 elected a CEO [ ] ; group 2 elected [ ] as general director, took possession of the company’s documentation and, in violation of Art. 4, 89, 90, 91 Federal Law “On Joint-Stock Companies” hides the location of documentation and executive bodies of the Company, and prevents the Company’s shareholders from accessing the Company’s documents.

In accordance with Art. 91 Federal Law “On Joint-Stock Companies” the company is obliged to provide shareholders with access to the documents provided for in paragraph 1 of Art. 89, namely: agreement on the creation of a company; charter of the company, amendments and additions made to the charter of the company, decision to create the company, document on state registration of the company, documents confirming the rights of the company to property on its balance sheet

The plaintiffs, being a participant in [ ] (hereinafter referred to as the company), in which I own [ ] a share in the authorized capital of the company, with a nominal value of [ ] rubles, which corresponds to [ ]% of the authorized capital of the company.

In accordance with paragraph 1 of Art. 8 of the Federal Law “On Limited Liability Companies”, company participants have the right to receive information about the activities of the company and get acquainted with its accounting books and other documentation in the manner established by its constituent documents.

According to Art. 6 of the Charter [ ], company participants have the right to receive from the company’s management bodies all the necessary information about the company’s activities, to become familiar with accounting data, reporting and other documentation.

In this regard, [ ], the plaintiff appealed to [ ] with a request to provide him with the documentation of the company for [ ], for review. The specified requirement was accepted by [ ], the secretary of [ ] under incoming number No. [ ].

In addition, in his demand, the plaintiff asked in accordance with Art. [ ] of the Charter [ ] a week to notify him of the time and place of familiarization with the documents listed in the request.

Despite this, to date, the plaintiff has not received any response from [ ]. Consequently, the plaintiff sees no other way out of this situation than to file a claim with the court for an obligation [ ] to familiarize him with information about the financial and economic activities of the company.

Based on the above, guided by Art. 8 Federal Law “On Limited Liability Companies”

Motions on plaintiff's evidence

Sometimes the parties do not have the original documents, for example, they are stored in government agencies, are in an organization, etc. In such cases, filing a petition for the collection of evidence, a letter of request, or an examination of evidence at its location will help speed up the process of considering the case.

Typically, lawsuits are filed when the defendant refuses to satisfy the plaintiff's demands voluntarily. The defendant's bad faith may be grounds for filing a motion to secure evidence. Such a document will also help in the presence of circumstances indicating the impossibility of examining evidence after a certain period of time (for example, the departure of a witness for permanent residence outside the Russian Federation).

Statement of claim for the obligation to provide documents

A statement of claim for the obligation to provide documents to a company participant, because a company participant has the right, among other things, to receive information about the activities of the company and get acquainted with its accounting books and other documentation in the manner prescribed by its charter. In addition to the rights provided for by the Federal Law on Limited Liability Companies, the company's charter may provide for other rights (additional rights) of the company's participant(s). These rights may be provided for by the charter of the company upon its establishment or granted to a participant (participants) of the company by decision of the general meeting of participants of the company, adopted unanimously by all participants of the company.

Additional rights granted to a specific member of the company, in the event of alienation of his share or part of the share, are not transferred to the acquirer of the share or part of the share.

Termination or restriction of additional rights granted to all participants of the company is carried out by decision of the general meeting of participants of the company, adopted unanimously by all participants of the company. Termination or restriction of additional rights granted to a specific company participant is carried out by decision of the general meeting of company participants, adopted by a majority of at least two-thirds of the total number of votes of company participants, provided that the company participant who owns such additional rights voted for the adoption of such decisions or gave written consent. A member of the company who has been granted additional rights may refuse to exercise the additional rights belonging to him by sending a written notice to the company. From the moment the company receives this notification, the additional rights of the company participant are terminated.

The founders (participants) of the company have the right to enter into an agreement on the exercise of the rights of the company's participants, according to which they undertake to exercise their rights in a certain way and (or) refrain from exercising these rights, including voting in a certain way at the general meeting of the company's participants, agreeing on the voting option with others participants, sell a share or part of a share at a price determined by this agreement and (or) upon the occurrence of certain circumstances, or refrain from alienating a share or part of a share until the occurrence of certain circumstances, as well as carry out other actions in concert related to the management of the company, the creation, activities, reorganization and liquidation of the company. Such an agreement is concluded in writing by drawing up one document signed by the parties.