Problems of Achieving Uniformity of Judicial Practice on the Issue of Determining the Price of a Claim

Abstract

One of the most important tasks facing the judicial system is to achieve uniformity of judicial practice. At the same time, a complex issue of civil procedural law, on which there is currently a need to achieve uniformity of judicial practice, is the correct establishment of the jurisdiction of cases to magistrates, depending on the price of the claim. The article analyzes the problems associated with the establishment of jurisdiction of civil cases to magistrates. The content of the concept of “the price of a claim” is considered in the context of the current norms of civil procedural legislation. Special attention is paid to the study of monetary amounts included and not included in the price of the claim. The purpose of the study is to establish criteria for including in the price of the claim the claims made by the plaintiff in civil proceedings. In order to achieve this goal, the author has set the task of analyzing and interpreting the norms of current legislation and current law enforcement practice on this issue. The lack of uniformity in the interpretation and application of legal norms by courts on the issue under study is stated. Within the framework of the conducted research, the following criteria were identified for including the plaintiff’s claims in the price of the claim: the property nature of the claim, the impossibility of collecting the specified amount without the plaintiff’s application, the independence of the amount of the specified amount from the price of the claim, as well as the inability to apply with the specified claim in the same case after its resolution on the merits. At the same time, it is proposed to specify in the current legislation the procedure for determining the price of a claim, in connection with which the need to change art. 91 of the Civil Procedure Code of the Russian Federation in terms of supplementing it with a provision providing for the impossibility of including in the price of the claim claims for compensation for moral damage and for the recovery of court costs.