The form of the claim has changed, new requirements under Art. 131 Code of Civil Procedure of the Russian Federation.

Sometimes it is necessary to clarify the claims as a result of changes in certain facts. Then the plaintiff can amend the statement of claim. However, this can only be done if all civil procedural norms are observed. In order not to contact a lawyer for advice, it is worth considering this issue in as much detail as possible. This will allow you to understand the algorithm of actions and save money.

You can read about the refusal to accept a claim in our article here.

Clarification of claims in civil proceedings

In accordance with Part 1 of Art. 39 of the Code of Civil Procedure of the Russian Federation, citizens who have filed a statement of claim with the judicial authorities have the right to amend it in terms of the subject or basis of the claim, as well as reducing or increasing the amount of claims. Procedurally, this right is exercised by drawing up an updated statement of claim.

Filing an amended statement of claim entails such a legal consequence as a change in the content of the stated claim.

Changes made to the originally filed claim may take the following forms:

Changing the cause of action. This method of change involves replacing the circumstances to which the plaintiff refers in his application. By drawing up an updated statement, a citizen can completely change these circumstances or add additional information to existing information.
Changing the subject of the claim. This mechanism can be implemented in 2 ways, namely: Increasing or decreasing the size of claims. In this case, we are talking about changing the price of the claim in any direction - the plaintiff has the right to increase the amount to be recovered, or, conversely, reduce it.
change the type of property that the plaintiff demands from the defendant (for example, instead of monetary compensation, the plaintiff may demand the transfer in his favor of a certain movable or immovable property).

The law clearly regulates the right of a citizen who filed a statement of claim to change its subject or basis.

The legislator gives individuals an alternative opportunity, but does not provide the right to simultaneously change the subject and basis of the statement of claim.

However, legal experts who practice filing claims note that this clause can be circumvented.

Plaintiffs can change both the basis and subject matter of the claim if they do so in stages.

Thus, the basis and subject of the claim should be changed not simultaneously, but sequentially - by filing 2 separate petitions to change the claim.

In cases where it becomes necessary to amend the statement of claim, the plaintiff should know and understand that this process is carried out in accordance with the established procedure. The mechanism for making such changes is carried out in the following way:

With the help of a specialist, it is necessary to draw up on a separate sheet of paper, according to the established template, the essence of the changes to the statement of claim in the most detailed form, and also indicate the reason for such clarifications. Such a document must have the same details as those indicated in the statement of claim. Only in the header you need to write the wording - “clarification of claims”.
At the beginning of the trial, the plaintiff must petition the judge to add or add claims to his statement of claim, in which he requests that this document be attached to the consideration. It is worth knowing that for such additions or changes the plaintiff must pay a set fee. A receipt for such payment must be presented to the judge along with a document clarifying the claims.

According to the laws of civil law, after considering changes to the statement of claim and their clarifications, the consideration of the case itself begins from the very beginning. This means that all persons involved in this case will be heard anew, and the evidence base will be considered again.

But it is better to do this at the early stages of the process, because significant changes can lead to the fact that the case will actually have to be considered from the beginning. This may delay the time it takes to receive a decision.

Although the law does not place restrictions on the number of clarifications submitted by the plaintiff, this should not be abused.

Otherwise, the court may decide that the applicant is deliberately delaying the consideration of the case and making a decision or is abusing his rights to put pressure on the defendant.

All clarifications to the claim can be divided into two categories:

When making minor changes to the statement of claim, some points are usually clarified, for example, the date of the document relied upon by the plaintiff or one of several claims is excluded.

In this case, it is quite possible to indicate in the application only those points that are changing, for example, “Item No. ... shall be stated in the next edition,” etc.

Comment. The plaintiff can file amendments to the claim at his own request, either in the form of an updated statement of claim or a petition for the adoption of clarifications to the statement of claim. There are no legal restrictions on this issue.

It is allowed not only to change the size of the claim, but even to change the subject or basis of the claim. But it is not allowed to change the subject and the basis at the same time, and the plaintiff is invited to file a new claim.

Due to certain features of the law, situations sometimes arise when the plaintiff first changes the subject of the claim, and during the next hearing files a petition to change the basis.

From a legal point of view, such behavior is permissible and is usually accepted by the courts, but in any case it will increase the time it takes to consider the case.

When filing a claim, the plaintiff provides facts, arguments, references, etc., from which it follows that he has a right of claim against the defendant. During the consideration of the case, new facts and circumstances may be revealed.

In this case, the plaintiff may apply to the court to change the grounds of claim. Sometimes the grounds can be changed quite significantly, because new evidence of the plaintiff’s rights may appear, etc.

It will not be possible to simultaneously change the grounds of the claim and its subject matter. Such a statement will simply not be accepted by the court, and the plaintiff will be asked to file a new claim.

If everything is completed correctly, the case is suspended and all participants are invited to familiarize themselves with the new grounds. After this, the consideration of the case begins from the beginning, taking into account the grounds changed by the court, and not the original ones.

Subject of the agreement

Commentary on Article 39 of the Code of Civil Procedure of the Russian Federation

1. Among the numerous procedural rights of the parties, which are implemented at all stages of legal proceedings and form the content of a number of procedural institutions, there is a group of special rights that belong only to the parties. These are the so-called discretionary administrative rights. These include the rights to amend the claim and abandon the claim, admit the claim and enter into a settlement agreement. The implementation of these rights affects the dynamics of civil proceedings.

The plaintiff has the right to amend the claim by changing its grounds. In jurisprudence, a cause of action is understood as a set of legal facts and rules of law, according to which the court establishes that the plaintiff has the right to full or partial satisfaction of his claims. The cause of action plays the role of the premise of the claim. For example, a purchase and sale agreement is concluded. In the process of executing the contract, facts of violations of its terms appear. Together with these legal facts and the rules of law governing the purchase and sale agreement, the injured party has a cause of action.

The plaintiff also has the right to change the subject of the claim. The subject of the claim is understood as the substantive legal claim indicated by the plaintiff against the defendant, based on the facts of the cause of action initially indicated by him. A change in the subject of the claim may result in the replacement of one claim with another. For example, in a claim by the buyer of an item against the seller, upon discovery of a defect in the purchased item, the buyer may replace the initial demand for termination of the purchase and sale agreement with a demand for elimination of the defect at the expense of the seller or a demand for a reduction in the purchase price.

Article 39 of the Code of Civil Procedure of the Russian Federation provides for the right of the plaintiff to change the basis or subject of the claim. A simultaneous change in the basis and subject of the claim represents the replacement of the brought claim with a completely different claim. Essentially, in this case, the plaintiff abandons the stated claim and, within the framework of the resulting legal proceedings, files a new claim.

There is no rule of law in the current legislation that provides for the consequences of such a replacement. However, if the basis and subject of the claim simultaneously change, the court must terminate the proceedings due to the plaintiff’s refusal of the claim and explain to the plaintiff that he can file a new claim in independent proceedings. The legal basis for such a solution to the issue is Art. 220 Civil Procedure Code.

The claim may be amended by increasing or decreasing the amount of the claim.

The right to amend the claim belongs to the plaintiff. The law does not provide for the right of the court to change the claim at its discretion. Consequently, the court resolves the case within the limits of the claims stated by the plaintiff, taking into account the actions taken to amend the claim.

Exceeding these limits is permitted in cases provided for by federal law (see commentary to Article 196). For example, the court has the right to go beyond the stated requirements and on its own initiative on the basis of paragraph 2 of Art. 166 of the Civil Code of the Russian Federation to apply the consequences of the invalidity of a void transaction (void transactions include transactions specified in Articles 168 - 172 of the Civil Code of the Russian Federation).

Waiver of a claim is an act of disposing of a procedural right—the right to judicial protection. Depending on the motive, a waiver of judicial protection may simultaneously be a waiver of a substantive legal claim against the defendant (for example, when a debt is forgiven to the defendant).

If the plaintiff refuses the claim, the court, without considering the case on its merits, terminates the proceedings.

The parties can end the case with a settlement agreement. A settlement agreement is an expression of the will of the parties aimed at achieving certainty in the relationship between them in order to end the process through self-regulation of the legal conflict. By entering into a settlement agreement, the plaintiff waives or modifies part of his claims, and the defendant acknowledges the plaintiff’s reduced or modified claims. However, in some categories of claims proceedings, it is impossible to conclude a settlement agreement, since the scope of the rights and obligations of the parties is determined by law and the parties do not have the right to change it, for example, in response to a claim for alimony.

2 - 3. It should be noted, however, that the Code of Civil Procedure of the Russian Federation resolves differently the issue of the conditions under which such a consequence may occur - termination of proceedings in the case. If in accordance with paragraph 4 of Art. 219 of the Code of Civil Procedure of the Russian Federation of the RSFSR of 1964, the refusal of the claim was an unconditional basis for ending the proceedings without a court decision, then in accordance with Art. 220 of the Code of Civil Procedure of the Russian Federation, the proceedings are terminated if the plaintiff’s refusal of the claim is accepted by the court and the terms of the settlement agreement between the parties are approved. The court does not accept the plaintiff’s refusal of the claim, does not approve the terms of the settlement agreement between the parties in cases where this is contrary to the law or violates the rights and legitimate interests of other persons, about which the court makes a ruling and continues to consider the case on the merits.

Refusal of the claim by the prosecutor and entities who filed a claim on their own behalf in the interests of other persons does not entail the termination of proceedings if the plaintiff or his legal representative insists on continuing the process (see comments to Article 45,).

If the claim is amended in any form, the period for consideration of the case provided for by the Code of Civil Procedure of the Russian Federation begins from the day the corresponding procedural action is performed (Part 3 of Article 39 of the Code of Civil Procedure of the Russian Federation).

Acknowledgment of the claim by the defendant is also an administrative action. Changing the claim, abandoning the claim and recognizing the claim is a concrete manifestation of the principle of dispositivity in civil proceedings. Recognition of a claim accepted by the court entails a decision that is positive for the plaintiff, i.e. decisions to satisfy the claim.

The court does not accept the defendant's admission of a claim if it is contrary to the law or violates the rights of others. If the defendant does not accept the claim, the court must make a ruling on this and continue consideration of the case on the merits.

When a claim is recognized by the defendant and accepted by the court, the reasoning part of the court decision can only indicate the recognition of the claim and its acceptance by the court. Acknowledgment of the claim by the defendant does not entail any other procedural consequences.

Main components of the claim

Article No. 131 regulates the content of the petition and claims under consideration. The main requirement is the written form of the document. The petition must have three main sections:

Introductory part. It is a template in which the applicant enters the required information: name of the court, details of the parties, case number.
Descriptive section. Includes the name of the document and the reasons why these clarifications need to be included in the claim. It is the plaintiff's responsibility to describe in detail the provisions that are subject to change.
Resolution section. It is necessary to describe the new requirements and insert a pleading part with the word: “I ask.”
The document must end with a list of papers that were attached to the application, the date of preparation and the signature of the plaintiff or authorized representative.

Sample 2021

A claim is a written application by a person to the court, which indicates a request for the protection of his rights or interests protected by legislative norms. In turn, a claim is nothing more than a resolution in court of a dispute that arose between the plaintiff and the defendant, which could not be resolved without the intervention of the court.

In the Civil Procedure Code, there are two types of criteria by which a claim is classified, these are:

Material and legal
Procedural - legal
In turn, material and legal claims can be divided:
Family component
Housing component
Labor component
Civil component
Procedurally, a legal claim can be divided into the following types:
Establishment claims
Claims of the acknowledgment type
Transformative claims

Along with such classification divisions and definitions. It is worth understanding that the very concept of a claim consists of several elements - subject, content and basis. Here is almost everything you need to know to fully understand the concept of clarifying claims in civil proceedings.

Sample statement of claim to change the amount of alimony

ATTENTION! THIS PROCEDURAL DOCUMENT IS A SAMPLE STATEMENT OF CLAIM FOR CHANGING THE AMOUNT OF ALIMONY TO A FIXED AMOUNT IN THE AMOUNT OF THE LIVING MINIMUM

Magistrate of judicial district No. 2 Belogorsk
Plaintiff: Petrova Elena Ivanovna

Belogorsk, st. Krasnoarmeyskaya 345 sq. 56

Defendant: Ivanov Evgeniy Sergeevich

Place of actual residence:

Belogorsk, st. Kirova 12v apt. 76

Place of state registration:

Belogorsk, st. 2nd Relochnaya 50

STATEMENT OF CLAIM

about changing the amount of alimony

By the decision of the Belogorsk City Court of September 15, 2012, Ivanov E.S. In my favor, alimony was collected for the maintenance of my son Dmitry Ivanovich Petrov, born on November 12, 2008, in the amount of ¼ of my earnings and (or) other income monthly starting from December 9, 2011 until the child reaches adulthood.

From the moment the court decision to collect alimony came into legal force, the defendant, with periodic regularity, transferred alimony for the maintenance of his son D.I. Petrov. to my bank account. In addition, he did not and does not provide additional assistance in supporting the child, does not take part in the upbringing and does not see his son.

As follows from the statement of my personal account of Sberbank PJSC, since July 2021, the income of Ivanov E.S. decreased by half. From the personal account statement it also follows that alimony from unemployment benefits was withheld from the defendant in January 2021, which indicates that the defendant is currently not employed. Ivanov E.S. there is also arrears in paying child support for May, September, November and December 2021.

As of the date of filing this statement of claim, the debt to pay alimony by Ivanov E.S. not repaid.

Further collection of alimony for the maintenance of our minor son D.I. Petrov. in the amount of ¼ of earnings and (or) other income monthly leads to a significant deterioration in the previous level of support for the child.

At the same time, by virtue of Art. 80 of the RF IC, parents are obliged to support their minor children. The procedure and form for providing maintenance to minor children are determined by the parents independently. If parents do not provide maintenance to their minor children, funds for the maintenance of minor children (alimony) are collected from the parents in court.

As explained in paragraph 14 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated October 25, 1996 No. 9 (as amended on February 6, 2007) “On the application by courts of the Family Code of the Russian Federation when considering cases of establishing paternity and collecting alimony” when determining the amount of alimony collected from parent for minor children (clause 2 of Article 81 of the RF IC), changing the amount of alimony or exemption from its payment (clause 1 of Article 119 of the RF IC), the court takes into account the financial and marital status of the parties, as well as other circumstances worthy of attention or interests of the parties (for example, the incapacity of family members to whom the party is legally obligated to provide maintenance, the onset of disability or the presence of an illness that prevents the continuation of previous work, the child entering the workforce or engaging in entrepreneurial activity).

According to Part 1 of Article 81 of the RF IC, in the absence of an agreement on the payment of alimony, alimony for minor children is collected by the court from their parents monthly in the amount of: for one child - one quarter, for two children - one third, for three or more children - half of the earnings and ( or) other income of the parents.

According to Art. 83 of the RF IC in the absence of an agreement between the parents on the payment of alimony for minor children and in cases where the parent obligated to pay alimony has irregular, variable earnings and (or) other income, or if this parent receives earnings and (or) other income in full or partially in kind or in foreign currency, or if he has no earnings and (or) other income, as well as in other cases, if the collection of alimony in proportion to the earnings and (or) other income of the parent is impossible, difficult or significantly violates the interests of one of the parties, the court has the right to determine the amount of alimony collected monthly, in a fixed sum of money or simultaneously in shares (in accordance with Article 81 of the RF IC) and in a fixed sum of money. The amount of a fixed sum of money is determined by the court based on the maximum possible preservation of the child’s previous level of support, taking into account the financial and marital status of the parties and other noteworthy circumstances.

According to Art. 117 of the RF IC, the bailiff, as well as the organization or other person to whom the executive document is sent in the case established by Part 1 of Article 9 of the Law “On Enforcement Proceedings”, carry out indexation of alimony collected by court decision in a fixed sum of money, in proportion to the increase the value of the living wage for the corresponding socio-demographic group of the population established in the corresponding subject of the Russian Federation at the place of residence of the person receiving alimony, in the absence of the specified value in the corresponding subject of the Russian Federation, this indexation is carried out in proportion to the increase in the value of the living wage for the corresponding socio-demographic group of the population according to Russian Federation.

According to paragraph 2 of the above legal norm, the amount of alimony collected by a court decision in a fixed sum of money, for the purpose of indexation, is established by the court as a multiple of the subsistence minimum, determined in accordance with the rules of paragraph 1 of Art. 117 of the RF IC, including the amount of alimony can be set as a share of the subsistence minimum.

I believe that in order to maintain a favorable level of support for the child due to the real possibility of collecting the full amount of alimony from a person, it is necessary to establish the collection of alimony from the defendant in a fixed amount of money equal to 100 percent of the cost of living established by Resolution of the Governor of the Amur Region dated December 7, 2021 No. 341 for children in the amount of 11,589 rubles, with subsequent indexation in accordance with paragraph 1 of Art. 117 of the RF IC - in proportion to the increase in the cost of living for children established in the Amur region.

Considering the above, -

I ASK THE COURT:

To collect from Evgeniy Sergeevich Ivanov in my favor alimony for the maintenance of the son of Dmitry Ivanovich Petrov, born on November 12, 2008, in a fixed sum of money in the amount of 100 percent of the subsistence level, with subsequent indexation in accordance with Art. 117 of the RF IC - in proportion to the increase in the value of this subsistence minimum starting from February 2, 2021 until the child reaches adulthood.
The writ of execution, issued on the basis of the decision of the Belogorsk City Court dated September 15, 2012 in civil case 2-976/2012 on the recovery from Evgeniy Sergeevich Ivanov in favor of Elena Ivanovna Petrova, is to be withdrawn.

APPLICATIONS:

Copy of the Decision of the Belogorsk City Court dated September 15, 2012 in civil case 2-976/2012.
Extract from the account of Petrova E.I.
A copy of the birth certificate of D.I. Petrov.
A copy of E.I. Petrova’s passport.
A copy of the statement of claim for the defendant.

“02” February 2021 _____________ E.I. Petrova

Sample clarification of claims

The document must be in writing.

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It includes 3 elements, including:

The introductory part, where the plaintiff indicates the name of the court, full names and addresses of the parties, the number of the civil case initiated on the basis of the statement of claim, which must be changed.
The descriptive part, which includes the name of the document. The plaintiff also describes the changed circumstances and the reasons that led to such changes. He clarifies what specific changes should be made to the basis or subject of the claim, supplementing the document with an indication of the circumstances and requirements to be replaced or clarified.
The operative part, which usually begins with the word “please”. In conclusion, the plaintiff reflects the essence of his new requirements in the statement of claim. We should not forget about the list of documentation attached to the application, indicating the date of preparation of the paper and the signature of the plaintiff.

Thus, by filing a statement of claim in court, the plaintiff can amend the basis or subject of the claim by filing an appropriate petition. The law does not contain restrictions on the number of amendments filed in relation to the claim, so the applicant can draw up several statements to clarify his claims.

In what cases can changes be made?

Ordinary people are not able to independently draw up a statement with correct claims against other citizens. Since the lack of special knowledge does not allow us to fully assess the situation and take into account significant legal issues. Only an experienced human rights defender will help in this matter, or the applicant must personally understand all the intricacies of jurisprudence and correctly determine the subject of the claim.

The law allows you to change only one of the points of the claim. So, the plaintiff, in accordance with Art. 39 of the Code of Civil Procedure of the Russian Federation has the right:

make adjustments to the basis or subject of your claim (simultaneous amendments are not allowed);
demand an increase or, conversely, decrease the amount of the claim;
completely abandon their claims.

Important!
If mutual agreement is reached, the parties have the right to resolve the case by concluding a settlement agreement. The listed procedural actions take place in strict accordance with the law and are controlled by the court. In this case, all significant steps are recorded in the protocol:

when filing an application for waiver of claims;
if the defendant admits the claim brought by the plaintiff;
conditions stipulated in the settlement agreement.

These documents must be signed by the plaintiff, the defendant, and in the latter case, by both parties.

The judge is obliged to explain to citizens that if the stated demands against the opponent are rejected, the case under consideration is terminated.

The judge will not be able to accept and record the refusal of the claim, the recognition of the claims by the second party, or he will have to reject the settlement agreement if the will of citizens violates the current law or affects the rights of citizens (Article 39 of the Code of Civil Procedure of the Russian Federation).

Ways to change a claim or claims

There are often cases when, at the time of filing a claim, the plaintiff does not know all the necessary information. During the trial, new details and circumstances are revealed and, taking this into account, the claims become illogical. Thus, there is a need to clarify the statement of claim.

To do this, we open our initial statement of claim, correct the title of the document from “statement of claim for collection of the amount of debt” (example), but simply: “adjusted statement of claim.” We correct all “incorrect” text to “correct” text.

At the very bottom of the statement of claim, we remove the list of documents from the attachment (if we do not attach anything to the updated claim). If we attach any documents to the updated claim, then we indicate these documents in the appendix, as when filing the initial statement of claim.

For example, Grigoryan filed a claim against Oserov to recover the loan amount from him. However, I calculated interest for the use of other people's funds for February 12, 2013. While the case was being considered in court, March came and Grigoryan decided to clarify the statement of claim by calculating the interest until March 12, 2013.

Clarification and modification of claims are two different concepts, articles about which can be found in the Civil Procedure Code of the Russian Federation.

Clarification of claims is regulated by Article No. 149 of the Code of Civil Procedure of the Russian Federation, which allows you to obtain clarification from the plaintiff about his requirements. This term may have a broader meaning in court, which allows it to include the factor of changing requirements. They are entered only at the stage of preparing the application.

Changes in claims are regulated by Article No. 39 of the Code of Civil Procedure of the Russian Federation, which allows for significant changes to be made to the basis of the petition. In both cases, the legislation does not limit the plaintiff’s options; he has every right to an infinite number of changes.

The application can be submitted personally by the plaintiff or his authorized representative. Third parties have no authority. General provisions include several available petitions:

to make changes;
to correct the subject of the application;
to change requirements.

Consideration of the petition by the court allows you to introduce new requirements or reject existing ones. Further, at the discretion of the judge, the trial is postponed, or the participants must provide the court with other evidence that meets the new requirements.

There are two types of statement clarification:

When making small changes that allow you to get rid of errors or eliminate some requirements. The statement is written in such a way that it points to a specific part that needs to be changed.
When making significant changes that affect existing requirements, or the inclusion of additional fragments. The best option is to draft a completely new statement of claim in such a way that after modifications are made, the text does not lose its logic.

The Code of Civil Procedure of the Russian Federation does not have regulatory articles that would approve the form, content and name of the petition on the part of the plaintiff. This allows you to assign any name to the document: application or petition.

It is worth knowing and understanding that clarification of claims in civil proceedings is nothing more than a change in the claim itself, the definition of which is clearly formulated in Article 39 of the Code of Civil Procedure of the Russian Federation. The change in the claim must be made according to its semantic meaning, and not by replacing its words and letters.

Part 1 of Article 39 of the Code of Civil Procedure of the Russian Federation states that changing the claim in the statement of claim is the legal right of the plaintiff. According to the law, the plaintiff can clarify his claims in the statement of claim in two ways:

A change in the very subject of the statement of claim, in which the substantive legal rights themselves are changed. This method can be carried out in two forms - when a change is made in the method of protecting subjective rights (when the plaintiff, in addition to collecting the losses he has suffered, demands, in addition to all this, payment of interest from the defendant); when the topic of the dispute and compensation changes (instead of a damaged car of one model, it changes to another car).
Changing the very basis of the statement of claim is when the plaintiff can change the cited circumstances that are indicated in his application to the court. These forms of clarification of claims are the main elements of the mechanism for making changes, if necessary, in the statement of claim.

The law of our country does not precisely define the number of changes in the statement of claim that can be made by the plaintiff. That is, in fact, he can do them as much as he wants, and nothing will happen to him for it.

But, as judicial practice suggests, frequent changes in the claim may be regarded by the court as a malicious abuse of the plaintiff’s rights. Such a verdict allows the defendant to seek compensation for frequent changes in claims.

The main thing when clarifying claims in civil proceedings is the correctness of the drafting of such a document, where the plaintiff must indicate objective facts and reasons that led to such changes.

Waiver of claims. Another option for changes in the claim

Waiver of claims implies waiver of financial and legal claims. This means that the trial is due to end. It turns out that the adjustment of the claim may consist in the plaintiff’s refusal to judicially protect his right. For example, when the applicant, during a court hearing, concludes that the stated requirement in the application is inappropriate.

Refusal of the claim is allowed before the court makes a final decision. To do this, it is necessary to draw up an appropriate appeal according to the established template. We conclude that even after filing a claim, the plaintiff has the opportunity to amend the claims by choosing any method. The applicant has the right to choose the adjustment option at his own discretion.

How to sue

After the petition has been drawn up, it is necessary to attach some documents and certificates that will help substantiate the legal validity of the changes made:

copies of the petition, the number of which must be equal to the number of participants in the case;
if the applicant is a representative of the plaintiff, then a power of attorney is required;
various documents and papers that become evidence of the claims made after changing the application;
papers that are evidence that prompted the preparation of a clarification of the claim;
if the cost of the claim has been changed, then a separate document is created to calculate it, or an additional clause is included in the petition for amendment itself.

A completed petition that clarifies or changes a requirement can be submitted in the following ways:

By registered letter.
Through a representative.
During a meeting at the very beginning of the case.
Through the Unified Service Portal.
Through the court website, if available.

Regardless of the method chosen, the application will be considered equally. The method of submission does not affect the review period or the final decision of the judge.

But you need to take into account that the minimum state duty is 400 rubles.

If the plaintiff needs to make changes to the application, he must follow the following algorithm:

A specialist should help in drafting the paper. The petition must be prepared taking into account the basic requirements in a detailed form that will help give the judge a complete understanding of the situation. The header must contain the following wording: “Clarification of claims.”
After this, the plaintiff or his representative must submit the petition in any convenient way. Making changes is accompanied by payment of a fee, which will need to be confirmed in court with a receipt.

The change made will facilitate the hearing of the case from the very beginning for the reason that the evidence base has been significantly changed. The defendant's objections to such actions are not accepted.

The Arbitration Procedure Code of the Russian Federation provides the plaintiff with the opportunity to make changes at any time. Including abandoning the claim completely. Administrative requirements allow entry in the following cases:

the emergence of new grounds;
change in the value of the claim;
eliminating moments that could contribute to the collapse of the case;
the defendant voluntarily complied with certain requirements;
introducing an additional clause on the collection of funds;
other conditions.

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Regardless of the case, the document drawn up must comply with the requirements of the law.

Exemption from payment of state duty: who is exempt

The law provides that certain categories of citizens are exempt from paying state fees during the consideration of cases through the court. A 50% discount applies to disabled people of groups I and II, but those who do not need to pay anything:

municipal and federal structures that act as plaintiffs in court;
judicial authorities when sending requests to the Supreme Arbitration Court of the Russian Federation, the Supreme Court of the Russian Federation or the Constitutional Court of the Russian Federation;
authors of artistic values, if they require permission from the court to take them abroad;
WWII veterans;
individuals who are holders of state awards;
low-income citizens;
persons who suffered during an emergency of a man-made or natural nature.

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However, it is necessary to provide documents that confirm the possibility of not making payment when submitting a claim. Information about their provision is also indicated in the inventory of the claim or petition itself when the requirements increase.

Thus, clarification of claims under the Civil Procedure Code is considered legal. You can submit an application an unlimited number of times. If the plaintiff has already paid the fee, but the parties have reconciled, then it is possible to return it through the Federal Tax Service. However, when the court has already begun proceedings in the case, it is allowed to receive only 50% of the amount. Then the second half must be recovered from the defendant. However, this can be done voluntarily or through bailiffs. However, it is also allowed when the plaintiff forgives the need to make payment. This is usually relevant if the cost of the claim was small.

Clarification of claims in civil proceedings

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Filing an amended statement of claim entails such a legal consequence as a change in the content of the stated claim.

Ways to change a claim. Clarification of claims

Changes made to the originally filed claim may take the following forms:

Changing the cause of action. This method of change involves replacing the circumstances to which the plaintiff refers in his application. By drawing up an updated statement, a citizen can completely change these circumstances or add additional information to existing information.
Changing the subject of the claim. This mechanism can be implemented in 2 ways, namely: Increasing or decreasing the size of claims. In this case, we are talking about changing the price of the claim in any direction - the plaintiff has the right to increase the amount to be recovered, or, conversely, reduce it.
change the type of property that the plaintiff demands from the defendant (for example, instead of monetary compensation, the plaintiff may demand the transfer in his favor of a certain movable or immovable property).

Features of changing the statement of claim

The law clearly regulates the right of a citizen who filed a statement of claim to change its subject or basis.

The legislator gives individuals an alternative opportunity, but does not provide the right to simultaneously change the subject and basis of the statement of claim.

However, legal experts who practice filing claims note that this clause can be circumvented.

Plaintiffs can change both the basis and subject matter of the claim if they do so in stages.

Thus, the basis and subject of the claim should be changed not simultaneously, but sequentially - by filing 2 separate petitions to change the claim.

When can the terms of the claim be changed?

When deciding to change a claim, it is important to know that regulations only allow adjustments to be made to the subject of the claim or its grounds. Changing both at once is prohibited. If a citizen wants to correct these two points at once, then he will have to create a new petition. You will have to submit it yourself in the standard manner.

Corrections need to be made when the applicant incorrectly indicated the circumstances on which his stated requirements are based. For example, he filed a claim with the court to evict a tenant from his apartment. In the grounds for eviction, he indicated that this citizen cannot occupy the living space, since he does not have registration.

But according to legislative acts, such justifications cannot be considered a reason for eviction of a citizen. The judicial authority recommended that the plaintiff change the grounds to the expiration of the temporary use of the property.

Expert opinion

Makarov Evgeniy Sergeevich

Arbitration manager with more than 10 years of experience

It is possible to amend a claim in civil proceedings when the applicant presents new conditions of a financial or legal nature to another participant in the process. In this case, the grounds of claim should not be subject to adjustment. For example, the court examines an application for recognition of ownership of property, namely residential premises.

During the investigation, it turns out that the applicant can only claim to determine the order of use of the housing in relation to which the dispute has arisen. It is for such cases that it is possible to change the subject of the claim.

Note! Only the applicant is allowed to correct the claim! Third parties, participants in the process and even the judicial authority do not have the authority to make changes to the document. This can only be done in situations permitted by regulations (this happens extremely rarely).

To correct a statement of claim, you must submit a document to the court using the standard form:

Clarification of claims.
Application for adjustment of the grounds of claim.
Application to change the requirements in the claim.

Sample clarification of claims

The document must be in writing.

It includes 3 elements, including:

Introductory part, where the plaintiff indicates the name of the court, full names and addresses of the parties, the number of the civil case initiated on the basis of the statement of claim, which must be changed.
Descriptive part, which includes the name of the document. The plaintiff also describes the changed circumstances and the reasons that led to such changes. He clarifies what specific changes should be made to the basis or subject of the claim, supplementing the document with an indication of the circumstances and requirements to be replaced or clarified.
The operative part, which usually begins with the word “please”. In conclusion, the plaintiff reflects the essence of his new requirements in the statement of claim. We should not forget about the list of documentation attached to the application, indicating the date of preparation of the paper and the signature of the plaintiff.

You can download a sample of an updated statement of claim on our website.

Rules for amending a claim

The applicant may amend the grounds of claim if he discovers that the application contains circumstances that do not allow the stated claims to be substantiated in court.

Correction of the subject of the claim is required in cases where the applicant has incorrectly formulated his demands, or they do not comply with the norms of the current law. In this case, you are given the opportunity to change your requirements without adjusting the basis for filing the application.

The subject and basis of the claim cannot be changed together, since the legal process is completely based on them.

If this happens - two points in the claim are changed, then the case under consideration loses its relevance, then in this case the plaintiff must submit a new application to the opponent. Therefore, the applicant will be able to adjust the requirements put forward, or supplement the existing circumstances in order to strengthen his position in court.

When considering civil cases, a general rule applies - the judge cannot change the basis or subject of the claim if there is no petition from the plaintiff. At the same time, the servant of Themis must make a decision on the existing requirement, and at the same time, has the right to go beyond the boundaries of the stated requirements (Article 196 of the Code of Civil Procedure of the Russian Federation). For example, when considering cases on the division of property of a married couple, the judge will take into account the interests of the children and increase the equal amount of property assets to the parent with whom the children will live.

Changing the claim usually occurs in cases where the applicant has determined that the wrong position was chosen when writing the application. For example, the plaintiff initially put forward a claim for compensation for moral damage. And during the trial it turned out that this item could not be recovered from the defendant. Thus, a citizen can refuse part of the stated requirements.

Citizens can exercise their right to change the amount of the claim. Such nuances occur in the following cases:

Increase claim amount	The applicant may write a petition requesting a larger amount of fines or penalties. For example, make a calculation at the time the case is considered in court, and not on the date of filing the application.
Reduce the amount of the claim	Such a request is usually sent to the judicial authority if the defendant has partially reimbursed the amount before the court decision.

At the stage of analysis of legal proceedings, the applicant has the right to repeatedly make changes to individual points of the claim. This is permitted until a decision is made in the case.

But this is where the danger lies, since frequent changes to individual clauses will violate the competence of the judicial apparatus in resolving a controversial issue.

It is also necessary to remember that if the changes made completely change the meaning of the application, then the case may be withdrawn from legal proceedings. In the future, you will have to file a new claim.

What is a claim clarification?

An application for clarification of a claim is a written request containing a request from the plaintiff to accept for consideration an amended, previously stated claim.

The following types of clarifications to the statement of claim in civil proceedings are distinguished:

change of basis - replacement of circumstances and facts underlying the claims (for example, transactions, decisions of government bodies, the fact of unauthorized occupation of a site);
change in subject matter - replacement of one method of protection with another (for example, instead of allocating a share in kind, the plaintiff asks for compensation for its cost);
change in the amount of claims - an increase or decrease in the amount of collection without making adjustments to the subject and basis (for example, an increase in the amount of debt collected due to clarification of the period).

Judicial practice shows that it is impossible to simultaneously adjust the subject and the basis. If such a need arises, a new claim should be filed.

Submission order

The application is submitted to the judge who is presiding over the dispute. You must apply for clarification before the end of the trial. Most often, this is done at the stage of preparing materials on the dispute for consideration.

The request must be submitted in writing. The judge will not accept an oral appeal.

Documents are submitted in the following ways:

through office staff;
personally to the judge before the start of the hearing;
by mail;
on the court's website.

If the judge finds the clarification justified, he will grant the request. This point is reflected in the determination of the appointment of the next meeting date. After the clarifications are accepted, the period for the proceedings begins to run again.