The subject of the claim corresponds to the methods of protecting the right! which are Replacement of defined! in particular! in Article 16 of the Civil Code of Ukraine! and therefore a change in the subject of the claim means a change in the claim! which may consist in the plaintiff choosing another method(s) of protecting the violated right! in contrast to the originally chosen method(s)! within the framework of the disputed legal relationship.
The need to change the subject of the claim may arise when the plaintiff’s initial claims do not provide or do Replacement of not fully provide the plaintiff with protection for his violated rights and interests.
Changing the subject of the claim is possible! in particular! in the following ways :
2) supplementing the claims with new ones;
3) withdrawal of some of the claims;
4) presentation of these claims to another defendant within the vnpay data framework of the disputed legal relationship.
Supplementing claims with new ones occurs by changing the subject of the claim.
A similar legal conclusion is set out in the resolutions of the Supreme Court dated 07/22/2021 in case No. 910/18389/20! dated 11/10/2021 in case No. 916/1988/20! and dated 05/31/2023 in case No. 916/1029/22.
The Supreme Court also draws attention to the fact that the Supreme Court’s resolution of 03.08.2020 in case No. 911/2139/19 states that the procedural law does not provide for the plaintiff’s right to file applications (petitions) to “supplement” or “clarify” the claims! or to file “additional” claims! etc. Therefore! in the event that one of the specified applications (petitions) is received by the adapt the rules to the professionals’ profile commercial court! the latter! based on its content!
As well as the content of the previously filed claim and the specific circumstances of the case must regard it as:
filing another (yet another) claim! or increasing or decreasing the amount of the claims! or combining the claims! or changing the subject or grounds of the claim.
The plaintiff’s application to change the subject or grounds of the claim can be considered a new claim if it states an independent substantive claim (or claims) and at the same time provides other circumstances (factual grounds) in support of it azb directory that were not identified by the plaintiff as the original grounds for the claim and which! in their aggregate! give the person the right to apply to court with claims.
In the indicated conclusions! the panel of judges refers to its own legal positions! which have been repeatedly set forth! in particular! in the resolutions of 07/22/2021 in case No. 910/18389/20! of 11/10/2021 in case No. 916/1988/20! etc.