Новая обязанность направлять копии искового заявления другим участникам процесса: теория процесса и практика применения

Abstract

The article reveals the practice of interpretation of the new obligation to send a statement of claim and other documents before filing a claim in court. The new version of article 132 of the CPC has given rise to an interpretation that prevents the plaintiffs from exercising their right to appeal to the court. The problem of access to the court has two sides-financial and procedural. The financial side puts the burden on the plaintiff to bear additional costs before the process occurs. The procedural side complicates the solution of the problem, since it does not directly fix the possibility to appeal the judge’s decision to leave the application without movement. A critical view of the interpretation of the text based on the principles of civil procedure is given. A new interpretation cannot be left to the court discretion. The absence of evidence of sending the claim to other participants cannot be considered as an abuse of the right. It is proposed to proceed from the principle of good faith of the plaintiff when initiating a civil case. The necessity to fix the presumption of sending the documents specified in the law to facilitate access to the court is justified. It is proposed to unify the interpretation of the new obligation by adopting A resolution of the Plenum of the Supreme Court of the Russian Federation.