We remind you that from 1July this year, the Civil Procedure Code of the Donetsk People’s Republic came into force.
Thus, in accordance with Art. 131 of the DPR CPC, the plaintiff is obliged to attach the following documents to the statement of claim:
1) a document confirming the payment of the court fee in accordance with the procedure established by law and in the amount or the right to receive benefits in the payment of the court fee, or a request for a deferral, installment plan, to reduce the amount of the court fee or to exempt from payment of the court fee;
2) a power of attorney or other document certifying the powers of the plaintiff’s representative;
3) documents confirming the fulfillment of the mandatory pre-trial procedure for resolving a dispute, if such a procedure is established by law;
4) documents confirming the circumstances on which the plaintiff bases his/her claims;
5) calculation of the recovered or disputed amount of money, signed by the plaintiff, his/her representative, with copies in accordance with the number of defendants and third parties;
6) a notice of service or other documents confirming the direction to other persons participating in the case, copies of the statement of claim and attached documents that other persons participating in the case do not have, including in the case of filing a statement of claim with the court and attached to it documents by filling out the form posted on the official website of the relevant court in the information and telecommunications network Internet;
7) documents confirming the performance by the party (parties) of actions aimed at reconciliation, if such actions have been taken and the relevant documents are available.
We draw special attention to citizens of the Republic that at present, by virtue of paragraph 6 of Art. 131 of the DPR CPC, the plaintiff is obliged to independently send a statement of claim with attachments to the parties of the case, before going to court. This is necessary to obtain a document confirming the direction of the statement of claim with attachments to other persons participating in the case. A return receipt or other documents must be attached to the statement of claim. In case of non-fulfillment by the plaintiff of all the requirements provided for in Art. 131 of the DPR CPC, the court on the basis of Art. 135 of the DPR CPC issues an order on the application without continuation, which indicates the grounds for making such a decision, as well as the period during which the plaintiff must eliminate the circumstances that served as the basis for the statement of claim without continuation.
It should be noted that if, within the time period established by the court, the plaintiff does not eliminate all the circumstances specified in the court’s order, then the judge, on the basis of Art. 134 of the DPR CPC issues an order on the return of the statement of claim. The return of the statement of claim does not prevent the repeated appeal to the court after the elimination of the violation.
