Lecture number 3. Civil procedural legal relations

1. The concept of civil procedural legal relations

Civil procedural legal relations - relations arising between the subjects of civil proceedings in civil cases, regulated by the civil legislation of the Russian Federation.

The moment of occurrence of civil procedural legal relations is the filing of a statement of claim, an application to the court by a person whose rights have been violated, and the fact that a judge has issued a ruling to initiate civil proceedings in the case. There is a controversial opinion about the moment of emergence of civil procedural legal relations. The moment of emergence of civil procedural legal relations is the filing of a statement of claim by a person whose right has been violated, and it does not matter whether a ruling has been made to initiate civil proceedings or to refuse to accept them. Proponents of the first theory argue that civil procedural legal relations arise only after the fact that the judge has issued a ruling to initiate civil proceedings in the case, i.e. after the judge has performed certain procedural actions, which should entail the initiation of civil proceedings and have procedural continuation. When bringing a statement of claim to court, the person whose right has been violated expects a response within 5 days in accordance with Art. 133 Code of Civil Procedure of the Russian Federation. The judge, within 5 days, makes a decision on accepting, refusing to accept, returning or leaving the statement of claim without progress. In any of these cases, the judge makes a ruling. Proponents of the second theory of the emergence of civil procedural legal relations believe that they can arise only in one case - when accepting a statement of claim and initiating civil proceedings in the case. But what about in other cases: return, refusal, leaving the statement of claim without progress? Are civil procedural legal relations really not arising at the moment? It seems that civil procedural legal relations arise when a person whose right has been violated goes to court. From the moment of the appeal of the person whose rights have been violated, the procedural time limits are calculated. After the expiration of the deadlines established by procedural legislation, the court must make one of its decisions. And it doesn’t matter what kind of decision it will be: acceptance, refusal to accept, return or abandonment of the statement of claim, but civil procedural legal relations have already taken place.

If civil procedural legal relations arise only with the issuance of a ruling on the acceptance of a statement of claim and the initiation of civil proceedings in the case, then the question arises as to whether civil procedural legal relations arise when filing a complaint against a judge’s ruling not to accept a statement of claim? Of course they do. Will civil procedural legal relations arise when filing a private complaint against a court ruling that was not issued on time? Of course they will. Why do civil procedural legal relations arise in these cases, but when a claim is filed by a person whose right has been violated, legal relations do not arise? When civil procedural legal relations arise, the person whose right is violated acquires a set of procedural rights and obligations. If we assume that civil procedural legal relations arise when the court makes a ruling to accept a statement of claim and initiate civil proceedings in the case, then how to consider the right of the person who filed the statement of claim to return the filed statement of claim, his obligation to pay the state fee (since without paying the state fee, the claim will the application be left by the court without action)? Based on all of the above, it follows that civil procedural legal relations arise at the moment the statement of claim is accepted in court.

2. Prerequisites for the emergence of civil procedural legal relations

For the emergence of civil procedural legal relations, it is necessary three prerequisites:

1) norm of civil procedural law;

2) existence of a legal fact;

3) legal personality of participants in legal relations.

Rule of law - Coming from the state and protected by it, a generally binding, formally defined prescription, expressed in the form of a rule of conduct or a starting establishment and being a state regulator of social relations. With regard to civil procedural law (in particular, to civil procedural legal relations), the rule of law implies the statutory jurisdiction of a particular case to a court of general jurisdiction or a justice of the peace. However, on the basis of the existence of a rule of law, civil procedural legal relations cannot arise; it is necessary for the subject of civil procedural legal relations to perform a specific action (inaction). Action (inaction) can also be a prerequisite for the emergence of civil procedural legal relations only if it is of a legal nature, i.e. the legal relationship has become a legal fact. A legal fact that gives rise to civil procedural legal relations must be expressed in the form of a court action (for example, the initiation of civil proceedings in a case). The action of the court as an expression of a legal fact is written. Thus, the death of a person participating in civil proceedings does not entail procedural and legal consequences, and for their occurrence, it is necessary for a court to issue a ruling to suspend or terminate the proceedings. Unlike material legal relations in procedural legal relations, the basis for the emergence, change or termination of relations is not an agreement between the court and the parties to the proceedings.

For the emergence of civil procedural legal relations, in addition to the rule of law and legal law, a third prerequisite is necessary - civil legal capacity.

Civil standing - providing the subject of relations with a set of rights that he can use in the process of legal relations, and the range of duties that the subject must perform. Civil legal capacity is determined by law for each subject of relations. Individuals, legal entities, public organizations, labor collectives have civil legal capacity. The legal capacity of state bodies, local self-government bodies, prosecutors is determined by special federal legislation.

3. Civil procedural capacity

In order to use civil procedural legal capacity, that is, to exercise procedural rights and bear procedural obligations, it is necessary to have procedural capacity. According to Art. 37 Code of Civil Procedure of the Russian Federation civil procedural capacity - the ability to exercise procedural rights, fulfill procedural obligations and entrust the conduct of a case in court to a representative. Civil procedural capacity belongs in full to citizens who have reached the age of 18 and organizations. A minor can personally exercise his procedural rights and perform procedural obligations in court from the time of marriage or declaration of full legal capacity (emancipation). According to Art. 21 of the Civil Code of the Russian Federation, legal capacity acquired as a result of marriage is retained in full even in the event of divorce before the age of 18. When declaring a marriage invalid, the court may decide that the minor spouse loses full legal capacity from the moment determined by the court. In cases provided for by federal laws, in cases arising from civil, family, labor, public and other legal relations, a minor aged 14 to 18 years has the right to personally defend his rights, freedoms and legitimate interests in court. However, the court has the right to involve legal representatives of minors in such cases. The rights, freedoms and legitimate interests of minors under the age of 14, as well as citizens recognized as incompetent, are protected in the process by their legal representatives - parents, adoptive parents, guardians, trustees or other persons to whom this right is granted by federal law. The moment of emergence of civil procedural legal capacity and legal capacity for individuals and legal entities does not coincide.

The moment of emergence of civil procedural legal capacity for an individual is the fact of birth, for a legal entity - the emergence of a legal entity.

The moment of the emergence of civil procedural capacity for a natural person is the achievement of the age of eighteen, for a legal entity - the emergence of a legal entity.

4. Subjects of civil procedural legal relations

Subjects of civil procedural legal relations are individuals and legal entities endowed by law with certain procedural rights and obligations in accordance with their position in the case. Depending on the activity of participation of persons, they distinguish three groups:

1) persons administering justice (these include courts of first instance, courts of second instance, courts of supervisory instance, secretaries of the court session);

2) persons participating in the administration of justice (plaintiff, defendant, applicant, interested person, third parties filing independent claims, third parties not filing independent claims, prosecutor, public authorities, local governments);

3) persons assisting in the administration of justice (witnesses, experts, translators, specialists, etc.).

5. The court as the main participant in civil procedural legal relations

The obligatory participant of civil procedural legal relations is the court. The court is a subject of state power, designed to administer justice. According to Art. 14 Code of Civil Procedure of the Russian Federation, the court may act as sole body (if civil proceedings are pending before a court of first instance) and collegiate body (when considering the case in the cassation procedure, in the order of judicial supervision). Under a collegial body, the court consists of three professional judges, one of whom is a presiding judge. In the court of supervisory instance, the judge shall be the presiding judge and at least two professional judges. Issues that arise when considering a case by a court in a collegiate composition are resolved by judges by a majority of votes. None of the judges has the right to abstain from voting. The chairman votes last. A judge who does not agree with the opinion of the majority may state in writing his dissenting opinion, which is attached to the case, but when the court decision is announced, it is not announced.

The main task of the court is the administration of justice in civil cases within the time limits established by law in order to correctly resolve the case in order to protect the violated rights and freedoms of the person who applied for protection to the court.

All participants in civil proceedings in the case carry out their actions under the control of the court. The court directs the procedural activities of the participants in the proceedings and assists them in exercising their procedural rights and procedural duties. All requirements imposed by the court during the civil process are binding on all participants in the process.

Author: Gushchina K.O.

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