In the media, news is often found that say that a certain citizen or company acted as a plaintiff in any legal process.
What does this legal term mean?
General concept of the plaintiff
The plaintiff is a private person or organization thatSubmit a statement of claim to the court in order to protect their legitimate interests. This term is used in the civil process, i.e. When considering civil cases. If we are talking about a constitutional dispute, then the plaintiff is the authority, which has claims to other authorities.
Any person who hasCivil procedural legal capacity. An appeal to a court demanding protection of rights and interests is called a lawsuit. As a rule, the initiation of the case is initiated by the victim himself, who also sues. However, lawsuits in defense of the injured person can also be filed by state bodies.
In cases where the plaintiff is an organization,The court is held with the participation of its authorized officials, whom the lawyer supports. And as the latter should not act as a lawyer organization, and hired specialist.
Who can not be a plaintiff?
A minor (under 14 years of age) orIncapacitated plaintiff can not independently defend his interests in court. This right is transferred to its legal representatives. These can be, for example, parents and guardians.
In a special category, citizens agedFrom 14 to 18 years and people with limited legal capacity. They need a legal representative, but the proceedings must be conducted with the involvement of the plaintiffs themselves.
There are also individual cases in whichA minor (over 14 years of age), being a plaintiff, has the right to participate independently in the case. Such an opportunity arises if a citizen entered into marriage or was recognized as fully capable. In addition, such situations are encountered in certain types of disputes (in particular, labor disputes).
Features of legal practice
If there are several plaintiffs in one case, thenEach of them must present his claim. The Russian legislation prohibits the submission of collective complaints. It is allowed to file claims in order to protect not their own interests, but the interests of another person. However, in such cases it is required that a power of attorney with the signature of the victim is attached to the claim.
Note that in jurisprudence there is the concept of "applicant". This term is more narrow than the "plaintiff". However, in practice, in oral speech, they are used as synonyms.
The plaintiff is considered to be the victim in the case if the court pronounced the defendant a conviction or if it was proved that the plaintiff was harmed by the commission of the act being tried in court.