Civil procedural law. The procedure for resolving issues of jurisdiction. Change of jurisdiction (most important)

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Civil procedural law. The procedure for resolving issues of jurisdiction. Change of jurisdiction (most important)

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20. PROCEDURE FOR RESOLUTION OF QUESTIONS ABOUT COMPETITION. CHANGE OF Jurisdiction

The current legislation obliges the court of general jurisdiction, which has accepted the case for its proceedings in compliance with the rules of jurisdiction, to consider it on the merits in all cases, even if during the proceedings the jurisdiction, i.e. the case became subject to the jurisdiction of another court (for example, after the initiation of proceedings in the case, the defendant changed his place of residence or other grounds of jurisdiction on the basis of which the plaintiff brought the claim disappeared).

The procedural law establishes exceptions to this rule, providing for the transfer by the court of a case accepted for its proceedings in compliance with the rules of jurisdiction, for consideration by another court.

Depending on which court decides on the transfer of a civil case, it can be carried out:

1) by a magistrate - to a district court;

2) by the court that accepted the case for proceedings - to another court of the same level;

3) by a higher court from a lower court to another court of the same level.

A change of jurisdiction means that a case accepted in compliance with the rules of jurisdiction by one court is transferred to another court for consideration. for the following reasons:

1) if the defendant, whose place of residence was not known when the claim was filed and the claim was filed at the last known place of residence, files a petition to transfer the case to the court at the place of his actual residence;

2) if both parties file petitions for the consideration of the case at the location of the majority of the evidence;

3) if during the consideration of the case in this court it turned out that it was accepted for proceedings in violation of the rules of jurisdiction;

4) if after the removal of one or several judges or for other reasons, the replacement of judges or the consideration of the case in this court becomes impossible. The transfer of the case in this case is carried out by a higher court.

The transfer of a case from one court to another is formalized by a ruling, which can be appealed privately within 10 days. If the ruling has not been appealed or protested, the case is transferred to another court after a 10-day period after the issuance of the ruling. If a private complaint has been filed against the ruling, the case shall be referred to another court after a ruling is issued by a higher court to leave the complaint unsatisfied. If it is impossible to consider the case in the court or by the judge to whose jurisdiction it is attributed by law, the chairman of the higher court transfers it, at the request of the parties, to a nearby court of the same level.

The transfer of a case from one court to another, i.e., a change in jurisdiction, must be formalized by an appropriate ruling. The parties must be duly notified of the time and place of the ruling in order to ascertain their views on the matter.

The list of grounds for changing jurisdiction established by law is exhaustive and is not subject to broad interpretation.

Disputes about jurisdiction between courts are not allowed. A ruling on the transfer of a case from one court to another, which has entered into legal force, in the cases provided for by the Code of Civil Procedure of the Russian Federation, is mandatory for the court indicated in it.

Author: Gatin A.M.

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