Annotation

The article concludes that in order to recognize claims as identical, the judge must establish their coincidence simultaneously on three elements: the subject matter, grounds, and parties. It is proved that the division of the original claims and the change in their amount does not entail a change in the subject of the claim. When assessing the subject matter and grounds of a newly filed and previously resolved claim, the judge must refer not only to the statements of claim, but also to the materials of the case considered, since the grounds for the claim and its subject matter may be changed during the trial. Also, since the law allows for the substitution of a defendant during a trial, in order to assess the identity of the parties, it is necessary to rely not only on the statements of claim, but also on the court judgement. The issue of coincidence of parties in cases involving public entities and the prosecutor is being investigated. The idea is substantiated that judges should refuse to accept statements of claim that coincide in terms of parties, subject matter and grounds with civil claims considered in criminal proceedings.