Supreme Court on violation of the rules of judicial prejudice. On some problems of prejudice in civil proceedings. Where to find prejudice

prejudice- requirement in litigation accept data as fact, without verifying their evidence. This requirement applies if data from a decision that has entered into legal effect in another case before. This acceptance is mandatory for the courts in a situation where a new case is being considered involving the same persons. With regard to persons who did not participate in the case already considered, the verdict or decision on the case currently under consideration does not prejudge guilt.

Legislative basis and purpose of prejudice

The concept of prejudice in legislation Russian Federation established by the Code of Civil Procedure of the Russian Federation (Article 61), the Code of Criminal Procedure of the Russian Federation (Article 90) and the Arbitration Procedure Code of the Russian Federation (Article 69). At the present time, the inquirer, investigator, prosecutor and judge cannot additionally check those established by a lawful court decision that has already entered into force. The requirement applies to sentences of criminal courts and decisions of both arbitration courts and general jurisdiction. All courts are criminal, general practice and the arbitral tribunal are considered equal in prejudice and their decisions are equally valid.

The purpose of the prejudice is the desire to free the participants in the case from repeated proof, as well as to save the court from a repeated (duplicate) study of already proven facts.

In practice, there are quite frequent cases when a person who has not previously participated in the process, when considering a new case, additionally enters. The Plenum of the Supreme Court of the Russian Federation No. 23 of December 19, 2003 “On the Judgment” indicates that such persons may challenge the circumstances established by previous judicial acts. In such a situation, in relation to these persons, the court passes a sentence or decision on the basis of the evidence currently examined.

There is an opinion that the current situation gives rise to unequal opportunities for participants in the process and violates the principle of equal rights for all parties. The persons participating in the consideration of the previous case are bound by the prejudicial nature of the previously established legal relations and facts. New participants can put forward arguments and present evidence to refute or confirm the same legal relations and facts. This conflict can be resolved if the prejudice of a judicial act is recognized as unacceptable in a situation where the case is being considered with the participation of new persons.

Proponents of the opposite point of view are convinced that the ban on repeated (duplicate) proof or contestation of already established circumstances is fair, since its resolution contradicts general character admissibility of the circumstances. For all cases, it is obligatory to observe the procedure for collecting, presenting, as well as examining the evidence presented. Failure to comply with these requirements will certainly contribute to the fact that the court recognizes such evidence as inadmissible. In addition, it should be borne in mind that the person appearing in both trials is not excluded from the opportunity to participate in the study of evidence conducted in both cases and can give his views.

Thus, the appearance of a new participant will change the quality of the prejudicial connection of judicial acts. It will differ from those cases when the same circle of persons participates in both processes. In addition, the outcome of such a case will not be so predetermined.

Practical application of prejudice

Some examples below will help you understand how prejudice works within different processes:

civil process. The first process considers the case of the place of residence of a minor after the divorce of the parents and a decision is made on the residence of the child with the mother. The second process is the decision to collect alimony from the father;

arbitration process: during the first process, a debt collection case is considered. The second process collects a penalty for overdue;

criminal trial: the first trial deals with the case of embezzlement Money organizations. During the second process, a decision is made on misconduct during bankruptcy proceedings.

An example of "intersection" of processes:

Malicious evasion of the payment of alimony - criminal offense and pending before a court of competent jurisdiction. The proven fact of evasion is accepted without additional evidence in a civil court, where a decision is made to deprive the rights of the parent who refuses to pay child support.

Thus, in practice, prejudice saves the strength and time of the court, as well as the participants in legal proceedings, saving them from additional adversarial proceedings. This makes it possible to spend more time evaluating and examining other evidence, which should positively affect the effectiveness of legal proceedings.

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At the heart of Russian procedural law is the principle of adversarial nature of the parties to the process, which determines the right of the participants in the proceedings to prove their arguments by any legal means. But there is an exception called prejudice, which not only does not require confirmation, but also prohibits putting certain evidence into doubt.

The concept of prejudice is widespread in the theory of law. The most common definition of the term is the following: prejudice is the obligation of the judicial authority to accept, without additional verification and re-examination, evidence and facts that were previously established by a judicial decision of another instance that has entered into force. In addition to the above, the property of prejudice implies a ban on the refutation of already established facts, as well as the absence of the need to prove well-known information and events.

In civil and arbitration proceedings

Main regulations RFs in which the term is mentioned are:

An example of the application of prejudice in civil law disputes is the following:

Proceedings No. 1 - a demand was made to establish paternity in relation to a minor, the claim was satisfied by the court, the decision entered into force.
Proceedings No. 2 - the plaintiff filed an application for the collection of mandatory payments for the maintenance of the child (alimony). The circumstance established by the first court that the defendant is the father of the child acts as a prejudicial fact. Re-proving this fact is not required, the plaintiff only needs to submit judicial act or ask the court to request it on its own.

The application of prejudice in civil and arbitration proceedings is identical, for example:

The first process is contesting the ownership of immovable object in the form of an office building. Decision: satisfy the plaintiff's claim, recognize his right of ownership, previously registered for another person, the right to cancel.
The second process is the recovery from the defendant of unjust enrichment in the form of rent, received by him during the ownership of the building from the tenants. Prejudice is the fact established by the first court that the plaintiff owns the office legally, and the defendant has the illegality of registration of the right.

The nuances of the criminal process

The Code of Criminal Procedure also contains a rule regarding the circumstances previously established by another judicial act.

The practice of applying prejudice in criminal proceedings:

The first court - a guilty verdict under the article fraud on an especially large scale, related to the registration of apartments in the ownership of forged documents.
The second court - bringing to responsibility for the legalization of money received in the course of fraud, established by the first verdict.

It should be noted that prejudice can be applied in various procedural areas, in particular, the previously mentioned verdict in the case of deceit or breach of trust (fraudulent actions) will form the basis of the decision of the civil court to recognize the transaction concluded with the use of forged documents as invalid.

In 2011, the opinion of the highest judicial instance of the country was formed regarding the application of prejudice in criminal proceedings in response to a request from citizens to verify the constitutionality of the provisions of Art. 90 Code of Criminal Procedure of the Russian Federation. In the Resolution of the Constitutional Court of the Russian Federation he clearly expressed his position.

Based on the foregoing, it can be concluded that any circumstances of the case, evidence, other facts established earlier by judicial acts of civil and arbitration courts can have prejudicial significance in the consideration of criminal cases. But they can in no way predetermine the ruling by the court of a deliberately guilty verdict, as well as deprive the defendant of the right to a comprehensive and complete consideration of his case, taking into account the operation of the principle of the presumption of innocence.

Prejudice is (theory in pictures)

In the theory of procedural law in criminal cases, prejudice has the following definition:

Publications on state and law interpret the term in this way:

In legal methodological information, the concept of prejudice is enshrined in a shorter and more concise meaning:

From all the above options for interpreting the term, its characteristic features can be identified, these are:

Dependence of the next decision on the previous one.
There is no need to prove the circumstances already established by the court.
The impossibility of applying to persons who have not previously participated in the proceedings.
Applicability exclusively to acts that have entered into force judiciary.

What is needed for

The main tasks of the prejudice in procedural law are:

Exemption of participants in legal proceedings from the need to re-prove circumstances that have previously been verified by a court of any instance and established as reliable.
Ridding the judiciary of the obligation to re-examine the same evidence, to carry out a duplicate verification of previously investigated facts.
Bringing judicial practice to the uniformity of application.
Saving effort and time of judges, as well as participants in the process.

Law enforcement issues

The rules on prejudice do not apply to cases where new participants enter the process. In this case, the Supreme Court of the Russian Federation explained in its Resolution of 2003 on the court decision: persons who have not previously been involved in the case or who are not parties to it, new participants in the proceedings have the right to challenge the circumstances that were the basis of previously adopted judicial acts. The rule of prejudice does not apply to such persons, i.e. the court is obliged, at their request, to re-examine the previously established facts, to check the arguments and evidence.

This position has both supporters and opponents. The first group of practicing lawyers agrees with the opinion of the Supreme Court of the Russian Federation. They consider that the re-examination of the previously established circumstances of the case does not prevent the parties to the process who took part in the first case from presenting their arguments and considerations regarding the denials and explanations stated by the new participant. In addition, denying a person who has entered the case again his right to re-check will violate the principle of adversarial nature of the parties, as well as the procedure established for all cases without exception for collecting, presenting and examining evidence for their relevance, admissibility, reliability and sufficiency.

The second group of civilists is inclined to believe that such a situation puts all participants in the process in an unequal position, since the persons previously present at the proceedings are limited in proving by prejudice, and the new party has the opportunity to present other evidence, refutation of previously established facts. To resolve this conflict, lawyers propose to cancel the force of the pre-judicial value of a previously issued court order for all participants in the new case, and not just for the new one.

Conclusion

In view of the foregoing, prejudice is a procedural rule that has a more positive than a negative meaning. It eliminates the delay in the process, prevents red tape, saving time and labor costs for judges and parties to the case, and makes it possible to pay closer attention to new evidence. All this contributes to the adoption of legitimate and justified judgments.

The Constitutional Court of the Russian Federation composed of Chairman V.D. Zorkin, judges K.V. Aranovsky, A.I. Boytsova, N.S. Bondar, G.A. Gadzhieva, Yu.M. Danilova, L.M. Zharkova, G.A. Zhilina, S.M. Kazantseva, M.I. Cleanrova, S.D. Knyazev, A.N. Kokotova, L.O. Krasavchikova, N.V. Melnikova, Yu.D. Rudkina, O.S. Khokhryakova, V.G. Yaroslavtsev,

having considered at the request of citizen T.N. Kyttenen the question of the possibility of accepting her complaint for consideration at the meeting Constitutional Court Russian Federation, established:

1. In her complaint to the Constitutional Court of the Russian Federation, citizen T.N. Kyttenen disputes the constitutionality of Article 61 “Grounds for exemption from proof” of the Code of Civil Procedure of the Russian Federation, and in fact the second part of this article.

As follows from the submitted materials, the decision of the court of general jurisdiction, left unchanged by the higher courts, T.N. Kyttenen's claim for state registration gift transactions. By the decision of the same court, upheld by the court court of appeal, the applicant was also denied satisfaction of the claims against citizen B., municipality And territorial administration federal agency management state property on recognition as having not accepted the inheritance and missed the deadline for accepting the inheritance, recognizing donation agreements as valid and recognizing the right of ownership. At the same time, regarding the establishment of a number of circumstances, the courts proceeded from the fact that they were the subject of research and evaluation by the court in resolving a previously considered case in which the applicant took part.

In the applicant's opinion, the provision of Article 61 of the Code of Civil Procedure of the Russian Federation is contrary to the Constitution of the Russian Federation, in particular its Articles 19 (part 1) and 35 (parts 1 and 2), to the extent that, in the sense given law enforcement practice, it allows the court to recognize the prejudicial significance of the circumstances established by the court decisions that have entered into legal force in cases previously considered with the participation of other persons and in other disputes, but concerning the same property.

2. The Constitutional Court of the Russian Federation, having studied the submitted materials, finds no grounds for accepting this complaint for consideration.

As the Constitutional Court of the Russian Federation pointed out in Resolution No. 30-P of December 21, 2011, the recognition of the prejudicial value of a court decision, being aimed at ensuring the stability and general binding nature of a court decision, excluding a possible conflict of judicial acts, suggests that the facts established by the court when considering one cases, until they are refuted, are accepted by another court in another case in the same or another type of legal proceedings, if they are important for the resolution of this case. Thus, prejudice serves as a means of maintaining the consistency of judicial acts and ensures the operation of the principle legal certainty. Endowing court decisions that have entered into legal force with the property of prejudice is the discretion of the federal legislator, who could resort to other methods to ensure the consistency of binding judicial acts in legal system, but has no right not to establish those or other institutions necessary to achieve this goal. The introduction of the institute of prejudice requires maintaining a balance between such constitutionally protected values as the universal validity and consistency of court decisions, on the one hand, and the independence of the court and the competitiveness of legal proceedings, on the other. Such a balance is ensured by establishing the limits of the effect of prejudice, as well as the procedure for its refutation.

Consequently, applied in a civil case involving T.N. Kyuttenen part two of Article 61 of the Code of Civil Procedure of the Russian Federation, fixing the rule that the circumstances established by a court decision that has entered into legal force in a previously considered case are binding on the court, are not proven again and are not subject to dispute when considering another case involving the same person cannot be regarded as violating the applicant's constitutional rights listed in the complaint.

As follows from the complaint, the applicant, challenging the constitutionality of Article 61 of the Code of Civil Procedure of the Russian Federation, in essence, raises before the Constitutional Court of the Russian Federation the question of assessing the legality and validity of court decisions based on circumstances that, in her opinion, do not have prejudicial significance.

Meanwhile, resolution this issue, as well as the establishment and study of factual circumstances relevant to the resolution of the case, to the Constitutional Court of the Russian Federation by virtue of Article 125 of the Constitution of the Russian Federation and Article 3 of the Federal constitutional law"On the Constitutional Court of the Russian Federation" is not under jurisdiction.

Based on the foregoing and guided by the second part of Article 40, paragraph 2 of Article 43, part one of Article 79, Articles 96 and 97 of the Federal Constitutional Law "On the Constitutional Court of the Russian Federation", the Constitutional Court of the Russian Federation determined:

1. Refuse to accept for consideration the complaint of citizen Kyuttenen Tatyana Nikolaevna, since it does not meet the requirements of the Federal Constitutional Law "On the Constitutional Court of the Russian Federation", according to which the complaint to the Constitutional Court of the Russian Federation is recognized as admissible.

2. The ruling of the Constitutional Court of the Russian Federation on this complaint is final and not subject to appeal.

Document overview

Rules on prejudice in civil process.

According to the applicant, the provisions are unconstitutional, since in practice they allow the court to recognize the prejudicial significance of the circumstances established by court decisions in previously considered cases involving other persons and in other disputes, but concerning the same property.

Rejecting such arguments, the Constitutional Court of the Russian Federation emphasized the following.

Recognition of the pre-judicial significance of a court decision is aimed at ensuring its stability and universal validity, at excluding a possible conflict of judicial acts.

This implies that the facts established by the court in the consideration of one case, until they are refuted, are accepted by another court in another case in the same or another type of legal proceedings, if they are important for the resolution of this case.

Thus, prejudice serves as a means of maintaining the consistency of judicial acts. It ensures the operation of the principle of legal certainty.

Endowing judicial decisions that have entered into force with the property of prejudice is the scope of discretion of the federal legislator. He could also resort to other means of ensuring the consistency of binding judicial acts in the legal system. At the same time, he had no right not to establish certain institutions necessary to achieve this goal.

The introduction of the institute of prejudice requires maintaining a balance between such constitutionally protected values as the universal validity and consistency of court decisions, on the one hand, and the independence of the court and the competitiveness of legal proceedings, on the other.

Such a balance is ensured by establishing the limits of the effect of prejudice, as well as the procedure for its refutation.

Many lawyers underestimate prejudice, but its importance is enormous. The term "prejudice" has Latin roots (from Latin praejudicialis), which means "relating to a previous judgment."

Where to find prejudice?

The term "prejudice" is not directly named in civil procedural law or arbitration process, however, takes place in the criminal process. In the Resolution of the Constitutional Court of the Russian Federation dated 21.12.2011 N 30-P“In the case of checking the constitutionality of the provisions of Article 90 of the Criminal procedural code Russian Federation in connection with the complaint of citizens V.D. Vlasenko and E.A. Vlasenko » the court pointed out that prejudice is the circumstances established by a judgment that has entered into legal force or by another court decision that has entered into legal force, adopted within the framework of a civil, arbitration or administrative proceedings. These circumstances are recognized by the court, prosecutor, investigator, interrogator without additional verification. That is, the concept of prejudice is clearly formulated in the criminal process.

At the same time, the Constitutional Court recently confirmed that the prejudice does not violate the constitutional rights of citizens. The indicated norms of the criminal procedure law in themselves cannot be regarded as violating the constitutional rights of the applicant, since the application of this norm in a particular case has not been confirmed (Determination of the Constitutional Court of the Russian Federation dated 05/25/2017 N 1014-O).

The absence of the concept of prejudice in other procedural codes does not mean that it is not applied, for example, in arbitration or civil proceedings. But in these types of process, prejudice is named as "grounds for exemption from proof." Those circumstances that are generally known do not need to be proven. Also, the circumstances that have already been considered in a civil case do not require proof and there is a decision of a court of general jurisdiction that has entered into force on the considered civil case.

Features of prejudice in various types of process

Prejudice in civil proceedings

In civil proceedings in paragraph 2 of Art. 61 of the Civil Code of the Russian Federation states that the grounds for exemption from proof are the circumstances that are established by a court decision that has entered into legal force.

When does prejudice apply?

The circumstances are not proven again and are not subject to dispute when considering another case in which the same persons participate (paragraph 13 of the Review of Judicial Practice of the Supreme Court of the Russian Federation No. 4 (2016) (approved by the Presidium of the Supreme Court of the Russian Federation on December 20, 2016).

But in relation to persons who did not participate in the case, this principle does not apply. Such persons may apply to the court with an independent claim. This conclusion was made by the judges in the Resolution of the Plenum of the Supreme Court of the Russian Federation N 10, the Plenum of the Supreme Arbitration Court of the Russian Federation No. 22 dated April 29, 2010(as amended on 06/23/2015) “On some issues arising in judicial practice in resolving disputes related to the protection of property rights and other property rights” in relation to property rights. But at the same time, the judges admit the possibility of the court making a different decision, but in this case, the court must indicate the reasons for the decision.

If the composition of the participants in the case is different in civil and arbitration proceedings, then the court decision cannot be made by way of prejudice (Determination of the Supreme Court of the Russian Federation dated 13.09.2016 N 33-KG16-14).

In this case, those circumstances that are important for the case are subject to proof again. A court verdict in a criminal case that has entered into legal force is obligatory for the court considering the case on the civil law consequences of the actions of the person against whom the court verdict was passed, on the questions whether these actions took place and whether they were committed by this person.

The prejudice of the verdict is the mandatory conclusions of the court on the established persons and facts contained in the verdict in the case that has entered into legal force, that is, the court cannot ignore the conclusions made by other courts (Determination of the Supreme Court of the Russian Federation of 05.31. . Plenum of the Supreme Court of the Russian Federation in paragraph 8 of the Resolution dated 19.12.2003 N 23 "On the court decision" clarified that the value of the ruling or decision of the judge in the case of an administrative offense that has entered into legal force when considering and resolving by the court a case on the civil consequences of the actions of the person in respect of which this ruling (decision) was issued, is determined by analogy with Part 4 of Art. 61 Code of Civil Procedure of the Russian Federation. The prejudicial value is recognized as a court verdict in a criminal case that has entered into legal force.

Consider how the courts apply prejudice in practice.

Firstly, prejudice is used as a mechanism for compensating the state for damages by guilty persons.

IN Appellate ruling Omsk regional court dated 06/07/2017 in case N 33-3766/2017 the court on a claim for damages, imposing the obligation to develop a reclamation project and carry out the reclamation of a land plot, recognized the claims of the Office Federal Service for veterinary and phytosanitary supervision By Omsk region justified.

Decree dated September 20, 2016 N 25-77 / 2016 OOO Luzinskoye Zerno was involved in administrative responsibility under Part 2 of Article 8.6 of the Code of the Russian Federation on Administrative Offences. As a result of damage (destruction) of land, Luzinskoye Zerno LLC was withdrawn from the circulation of agricultural land land plot with a total area of 13 sq. m. According to the calculation, the amount of damage is 81,120 rubles. And since it's been proven administrative offense, the court recognized as proven and damage to the state.

Secondly, prejudice is applied in respect of compensation for damages related to the crime for which the guilty person is convicted.

In the Appellate ruling of the Krasnoyarsk regional court dated 06/05/2017 in case N 33-4345/2017 The court satisfied the claims for damages caused by the crime. According to paragraph 5 of part 1 of Art. 243 of the Labor Code of the Russian Federation, liability in the full amount of the damage caused is assigned to the employee in cases of damage caused as a result of criminal acts employee, established by a court verdict.

Thirdly, in the order of prejudice, it is possible to compensate for the damage that arose as a result of negligence.

In the appeal ruling Supreme Court Republic of Dagestan No. 33-2676/2017 dated May 31, 2017 the court exacted from the educator kindergarten the amount of damage that arose as a result of the negligence of the employee. According to paragraph 1 of Art. 1080 Civil Code Russian Federation, persons who jointly caused harm shall be jointly and severally liable to the injured.

In accordance with Part 4 of Art. 61 of the Code of Civil Procedure of the Russian Federation, a court verdict in a criminal case that has entered into legal force is mandatory for the court considering the case on the civil law consequences of the actions of the person against whom the court verdict was issued, on the issues of whether these actions took place and whether they were committed by this person. Based on this, the court, when deciding on a claim arising from a criminal case, is not entitled to enter into a discussion of the defendant's guilt, but can only resolve the issue of the amount of compensation. Compensation meets the requirements of reasonableness and fairness moral damage in the amount of 150,000 rubles.

In general, the possibilities of prejudice civil lawsuits are not limited. At the same time, it is important to remember that the fact of guilt of the person held liable must be confirmed and the person in administrative, criminal and, accordingly, civil litigation must match

Prejudice in the arbitration process

There is also no concept of prejudice in the arbitration process. However, in paragraph 3 of Art. 69 of the Arbitration Procedure Code of the Russian Federation states that the decision of a court of general jurisdiction on a previously considered civil case that has entered into legal force is binding on the arbitration court considering the case on questions about the circumstances established by the decision of the court of general jurisdiction.

Similar rules apply to criminal cases. According to paragraph 4 of Art. 69 of the Arbitration Procedure Code of the Russian Federation, a court verdict in a criminal case that has entered into legal force is binding on the arbitration court on questions of whether there have been certain actions and whether they are committed by a certain person.

When does prejudice apply?

The circumstances established by a judicial act of an arbitration court that has entered into legal force in an earlier considered case shall not be proved again when an arbitration court considers another case in which the same persons participate. As the Constitutional Court of the Russian Federation has repeatedly pointed out in its decisions (Decree of December 21, 2011 N 30-P, rulings of November 21, 2013 N 1785-O, September 25, 2014 N 2200-O, etc.), recognition of the prejudicial value of the judicial decisions, being aimed at ensuring the stability and obligatory nature of the judicial decision, excluding the possible conflict of judicial acts, implies that the facts established by the court in the consideration of one case, until they are refuted, are accepted by another court in another case in the same or another type of legal proceedings, if they are relevant to the resolution of this case. Thus, prejudice serves as a means of maintaining the consistency of judicial acts and ensures the operation of the principle of legal certainty (Determination of the Constitutional Court of the Russian Federation dated 29.09.2015 N 2060-O).

Unlike civil courts arbitration courts interpret prejudice more broadly. The creditor has the right to bring claims simultaneously against the debtor and the guarantor, or only against the debtor or only against the guarantor. Moreover, in the latter case, the court has the right, on its own initiative, to involve a guarantor or debtor, respectively, in the case as a third party (Article 51 of the Arbitration Procedure Code of the Russian Federation, Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated 12.07.2012 N 42"On some issues of dispute resolution related to the guarantee").

If there is a court decision, then the defendant should not provide evidence that the disseminated information is true, if the disputed facts are established by a court decision that has entered into legal force (clause 5 of the Information Letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 23.09.1999 N 46)

Most often, prejudice in arbitration is used in the following cases:

First, prejudice is used as a mechanism for debt collection by a creditor.

Example:

In the Decree Arbitration Court Volga-Vyatka District dated May 29, 2017 N F01-1187 / 2017 in the case, the court satisfied the claim, since the debtor has obligations to the creditor that have not been fulfilled within three months in an amount exceeding the amount established by law.

Secondly, prejudice is often used in bankruptcy cases, for example, if the bankruptcy trustee has committed illegal acts.

Example:

Resolution of the Arbitration Court of the Volga-Vyatka District dated May 11, 2017 N F01-806 / 2017 in the case. By virtue of Part 3 of Article 69 of the Arbitration Procedure Code of the Russian Federation, a decision of a court of general jurisdiction that has entered into legal force on a previously considered civil case is binding on the arbitration court considering the case on issues of circumstances established by the decision of a court of general jurisdiction and related to persons participating in the deed. The courts found that the fact of misappropriation Poboshchenko A.AND. the debtor's funds are established by the rulings that have entered into force on 13.07.2015 and 07.08.2015. Evidence of the return to the bankruptcy estate of funds in the amount of 1 127 482 rubles 90 kopecks case materials do not contain, in connection with which the courts concluded that it was necessary to oblige Poboshchenko A.AND. refund the said amount to the bankruptcy estate.

Thirdly, prejudice is used as a debt collection mechanism.

Example:

In the Resolution of the Arbitration Court of the East Siberian District dated May 24, 2017 N F02-2257 / 2017 in the case individual entrepreneur was declared invalid. The Arbitration Court of the Trans-Baikal Territory took into account the judicial act of the Central District Court of the city of Chita dated May 28, 2015 in case No. 2-5516/2014, which established the circumstances of the existence of a debt of Zaitseva M.The. before the creditor in the declared amount overdue for more than 3 months in the amount of more than 500,000 rubles, the lack of evidence of repayment of the debt in the declared amount. The court came to a reasonable conclusion about the presence of conditions for recognition Zaytseva M.The. bankrupt under chapter X of the Bankruptcy Act.

Fourthly, prejudice is used to recognize the contract as not concluded.

Example:

Resolution of the Arbitration Court of the West Siberian District dated June 13, 2017 N Ф04-1435 / 2017 in the case .

Prejudice problems

Many legal mechanisms in our country are not perfect. Yes, prejudice has its drawbacks.

Prejudice is difficult to apply to corporate legal relations. In corporate disputes, the mechanism of prejudice was rarely used, since the criterion for the participation of the same persons could easily be circumvented by introducing a new shareholder into the process.
It is also quite difficult to apply prejudice if two cases are going on in parallel. For example, in terms of a criminal case and in terms of debt collection, as a rule, such cases are considered by the courts in parallel. And there is a situation when the perpetrators are found in a criminal case, but the debt collection is refused in a civil case.
Another point of contention is the situation of bringing the perpetrators to subsidiary liability. For example, if an employee of an organization, a bank is found guilty, but the contract is concluded with legal entity. In this case, prejudice cannot be used.

Thus, it is not always easy in practice to prosecute by way of prejudice.

In conclusion, it should be noted that the importance of prejudice is, of course, great, but in practice it is necessary to actually file claims in two different courts on the same grounds. For example, if your phone was stolen, then you first need to find the perpetrator, and then recover the damages as part of a civil process. Unfortunately, in practice, even simple tasks can take a significant amount of time.