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Svetlana POOLE,

graduate student of the Department of Civil Law and Procedure of Kharkiv National University of Internal Affairs

APPROACHES TO THE DEFINITION AND ELEMENTS OF THE CLAIM IN CIVIL PROCEEDINGS

The article found approaches to the definition and elements of the claim in civil proceedings.

Critical analysis of different definitions of the concept of action leads to the conclusion that the definition of the claim as the requirements of the person concerned to defend his or someone else’s rights or legally protected interest. It is this definition of action meets the requirement of the unity and universality of the claim as a means of judicial protection of rights and legal interests.

The claim as a requirement for legal protection may exist in its two forms: procedural and substantive. In this case, mixed concepts such as the claim and right of action.

A right of action as opposed to the action, in fact, can exist as a procedural, and in the substantive sense. The suit as protection requirement is a single and indivisible concept, regardless of who uses this tool Procedure.

Select elements of the claim has not only theoretical, but also of great practical importance: first, the claim elements individuate the suit, allows to distinguish it from other, similar lawsuits, claims or establish identity; Second, the allocation of the claim elements necessary for the implementation of court control over the implementation of the claimant his procedural right to change the claim; thirdly, the cause of action defines the subject of evidence in the case, setting limits on the obligation of the plaintiff proving the facts on which it relied in support of its claims; Fourth, the subject matter and cause of action define the limits of the trial, the boundaries of the judicial activity.

The Court considers the case only within the stated claims. Carry on its own initiative the proceedings and to make a decision regarding undeclaredclaims court has the right only in cases stipulated by law.

Key words: protection claim form, claim, action items, the subject of the claim, cause of action, the content of the claim, the claim in the substantive sense, the claim in the procedural sense, subjective rights and legitimate interests.

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