On any business, the requirement of the claimant about consideration who arose between it and the respondent of dispute, surely is followed by the instruction on the requirement addressed to the respondent. Without requirements there will be no claim and there will be no subject for judicial review. Therefore have to act in indissoluble communication as the requirement to the respondent, and the requirement to court about dispute consideration.
As requirements of the claimant to the respondent arose and can exist to and out of process as dispute between them, this requirement only causes the necessity of presentation of the claim, but it in the claim does not become equivalent to the requirement of the claimant to court about protection, and on the contrary - is shown in its elements - in a subject and the basis of the claim.
The judge has to make out refusal always motivated definition. Thus have to be accurately specified as motives of refusal and the body to which the claimant in case business not subordinated court, and also what actions it is necessary to take has to address has to be specified to eliminate the circumstances interfering adoption of the statement.
And in resolutory part the judge gives opportunity to the claimant to pay the state duty and the instruction that if the claimant will not make this action, the statement of claim will be considered not as the citizen and will be returned to the claimant.
However, authors, considering that the claim makes first of all in the form of an appeal to the court the statement of claim in definition of the claim on the first place put the procedural party outside, and then speak about a material aspect.
On the this case the judge took out definition about leaving of the statement without consideration according to Art. 246 of GPK in which specified B. about need to issue the statement of claim with observance of requirements of Art. 126, 127 of GPK.
In certain cases the subject of the claim can be defined facultatively: two requirements - the main and additional are specified. The additional requirement comes into effect if it is not possible to satisfy the basic.
The basis of the claim can consist of single circumstance or their set. Usually the basis of the claim consists of several circumstances having characteristic value. Their set makes the active and passive basis of the claim.
However the claim is means of excitement not only civil claim production, but also production in other yuristdiktsionny bodies which resolve disputes on the right in a certain procedural order. So, civil cases are solved and in the arbitration courts of Art. 27 of GPK, in the Sea arbitration commission, the foreign trade arbitration commission at Chamber of Commerce and Industry.
Non-compliance with an order of presentation of the claim - only a temporary obstacle which can be eliminated by the interested person then trial is possible. Absence of prerequisites causes objective impossibility of consideration of the case and process cannot be begun
In definition of the judge about leaving of the statement without the movement it has to be specified, which basis was the cause for leaving of the statement without the movement and to specify, what actions the claimant has to make.