Modification of the claim: limits and their impact on the availability of justice in the Russian Federation

• Main Authors: Starodubova Lyudmila Valerievna, Ingannamorte Leonardo Aurelio, Mashtakov Igor Vladimirovich, Lapshina Olga Sergeevna, Kodirzoda Golib Nurullo
• Format: Article
• Language: English
• Published: EDP Sciences 2021-01-01
• Series: SHS Web of Conferences
• Subjects: civil procedure; arbitration procedure; justice accessibility; claim modification; judicial protection
• Online Access: https://www.shs-conferences.org/articles/shsconf/pdf/2021/29/shsconf_rudnltmrp2021_04005.pdf

The purpose of the study is to prove the need to lift restrictions in civil proceedings and proceedings in arbitration courts in terms of the limits of modification of the claim and to provide the applicant with the possibility of simultaneous modification of the subject and the basis of the claim while maintaining their previously stated legally protected interest. Certainly, this may be possible only and exclusively with the approval of the judge, as well as with the preservation of all procedural guarantees for the defendant. The methodological basis of the research is the general, general scientific and private scientific methods of cognition used by legal science in the object-subject sphere of cognition of the general theory of law. In addition, a number of synthetic, integrative methods of research are used, which are included in the methodology of interdisciplinary science, which is relevant for modern socio-humanitarian science. The results of the study are the justification that these limits in some cases can completely block the applicant’s access to the mechanisms of justice. The authors argue that this is unacceptable since it violates both the subjective right of the applicant to a defense, and one of the most important principles of justice is the principle of accessibility. The authors also considered the issue of the validity of the limits of the modification of the claim. The novelty of the work is in the results of the analysis of the practice and the alleged hypothetical situations in which the existence of limits for the modification of the claim does not allow the applicant to defend its rights and legitimate interests, as in the identified causes, conditions, and consequences of such phenomena.