Exit of the Court Beyond the Stated Requirements when Considering Cases from Civil, Family and Labor Relations
The article considers the grounds for the court to go beyond the stated requirements when resolving cases from civil, family and labor relations. It is shown that going beyond the stated requirements is possible both in the civil and in the arbitration process. At the same time, non-fulfillment or improper fulfillment by the court of the obligation assigned to it to resolve certain issues may lead to a violation of the rights and interests of the parties to the dispute, to the annulment of the court order. The aim of the study was to develop recommendations for improving the practice of applying the provisions of the law on the court going beyond the stated requirements. The objectives of the study were to differentiate the grounds for the court to go beyond the stated requirements with related situations; classification of cases of non-application or improper application by the court of going beyond the stated requirements; identifying ways to eliminate the violations if the court goes beyond the stated requirements. The consideration of problems associated with going beyond the stated requirements is based on general scientific research methods (formal logic method) involving industry methods (comparative study methods of arbitration and civil processes, system analysis of positive legal material), which together ensured the reliability of the results of the work. In order to correctly use the mechanism by the court to go beyond the stated requirements, to prevent and eliminate violations of the rights and interests of the parties to the dispute in such situations, the authors proposed: 2. to differentiate between the court’s withdrawal beyond the stated requirements and the situation when the court changes the wording of the claimed claim in the operative part of the decision, brings it into line with the law, and also satisfies the interest of the defendant in the court when the plaintiff’s claim itself implied this; 3. the Supreme Court of the Russian Federation to clarify in the decisions of the Plenum, in reviews of judicial practice, cases of a court going beyond the stated requirements when considering civil, family and labor disputes, limiting the arbitrary discretion of lower courts; 4. the ways to eliminate violations of the rights and interests of the parties to the dispute when the court goes beyond the stated requirements are the adoption of an additional decision, appeal of the court decision, as well as an independent claim.