ВОЗБУЖДЕНИЕ ДЕЛА ПО ГРАЖДАНСКОМУ ПРОЦЕССУАЛЬНОМУ КОДЕКСУ И КОДЕКСУ АДМИНИСТРАТИВНОГО СУДОПРОИЗВОДСТВА РОССИЙСКОЙ ФЕДЕРАЦИИ: ДЕЙСТВИЕ СЛЕДСТВЕННОГО НАЧАЛА
INITIATION OF PROCEEDINGS BASED ON THE CIVIL PROCEDURE CODE AND THE CODE OF ADMINISTRATIVE PROCEDURE: INVESTIGATIVE GROUNDS OF ACTIONS

Summary/Abstract: The paper analyzes the procedural activity performed by the court of law within the stage of initiation of civil or administrative cases. As noted, it is impossible to reveal all grounds for rejecting adoption of the statement of claim or its return at the stage of case initiation. These grounds are as follows: final court decision on an identical claim; singing of the statement of claim by a person, who is not authorized to do so; sufficient mental capacity of the applicant. The fact of signature of the statement of claim by the applicant or authorized person can be found out only during the court session, which is not assumed by the stage of initiation of case proceedings. Furthermore, it is impossible to verify the final court decision which entered into force on an identical claim due to the absence of procedural mechanisms in the court for identification of these grounds. It is emphasized that the stage of case initiation should reflect the actual capacity of the court to verify the availability or absence of grounds for rejection or return of the statement of claim, which is the manifestation of the investigatory origin of court procedures at the stage of case initiation. At the same time, consideration of the issue on initiation of case proceedings and adoption of the relevant judgement in the absence of the person concerned, as well as revision of this judgement without notice of the persons involved in the case, violate to a certain degree the right of the claimant for judicial protection. The conclusion, therefore, is that the person concerned should be enabled to convey their position to the court, thereby implementing their right to be heard.

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