Jurisprudence (including judicial and arbitration) testifies that claim production received now the greatest relevance as in it, many societies which again appeared with development, the parties of public life, in particular, of the relation in the sphere of consumer protection, the non-material benefits, etc. are protected. I believe that it is also necessary to carry to the aforesaid and the minimum procedural requirements imposed to a form of the statement of claim which are the prerequisite, for initiation of claim legal proceedings.
In the real work we will address only to the first – claim production as it has a direct bearing on a subject of our research. Two others will be used by us, only for the comparative analysis. But for this purpose, first of all, we will characterize claim production, for convenience to comparison.
At last, the ratio of the claim and statement of claim as contents and forms having rather independent existence gives the chance to explain why definition of elements of the claim needs to be conducted in the objective plan, but not with a position of the subjective approach focused on actions of the interested person.
So, in educational civil literature it is noted that claim production – a main type of civil legal proceedings as civil cases are, as a rule, claim affairs In this regard the majority of civil cases is considered in federal courts of the general jurisdiction in claim production.
Claim production has competitive character since it is connected with dispute on the right (interest where there are two parties with opposite interests. In special production this principle is shown to a lesser extent as there are no the arguing parties.
As Yarkov V. V. notes, the first two classifications of claims are indisputable and are widely used in legal literature and jurisprudence. The last classification of claims – on nature of the protected interests – appeared rather recently, but met support from a row spetsialistov.34
One more element of the claim which is allocated by a number of scientists (Gurvich M. A., Kleynman A.F.) - contents of the claim. The contents is understood as a type of claimed judicial protection: recognition, award, the termination, change, implementation in other form of converting powers of court.
One more researcher - Amosov S. refers legal qualification to claim elements. However, reference of legal qualification to an independent element of the claim is able as G. L. Osokina correctly notes, will complicate a claim design. Nevertheless, in interests of increase of efficiency of judicial protection, considering realities of the developed judicial and arbitration practice to which Amosov S. convincingly referred, stating the offer, probably, would be expedient to go for some complication of a procedural design. Especially as eventually claim forms of civil and arbitration processes, in our opinion, will approach more and more, mutually supplementing and enriching each other.
It is important to note that it is necessary to specify the proofs confirming the circumstances stated by the claimant in justification of the requirements in the statement of claim. If the claimant did not produce the evidence, the judge cannot on this basis refuse adoption of the statement of claim.
Quite often claim requirements about knowledge and award can be combined in one statement of claim, for example about recognition of the transaction of purchase and sale of premises invalid and eviction from it former owners. In literature the long time was emphasized that only claims for award can be forcibly executed as executive production. However it must be kept in mind that according to modern treatment property of feasibility is inherent in all judgments in that or other measure.