Table of contents (expand)
- The concept of civil process (legal proceedings). Tasks, types and stages of civil proceedings
- The concept of civil procedural law: subject, method and system
- Sources of civil procedural law
- The concept, meaning and classification of the principles of civil procedural law
- Civil procedural norms (concept, types, features, structure). Effect of civil procedural rules in time and space
- The essence, main features and significance of the civil procedural form: concept, features, meaning and consequences of its violation
- The place of civil procedural law in the system of Russian law. Process science
- Concept, prerequisites for the emergence and structure of civil procedural legal relations
- Features of civil procedural legal relations
- Subjects of civil legal relations. Internal affairs bodies as participants in civil proceedings
- The concept of persons participating in the case. Civil procedural capacity and legal capacity
- Hand
- Third parties
- Participation of a prosecutor in civil proceedings
- Participation of state bodies, local governments, organizations and citizens defending violated or contested rights, freedoms and legally protected interests of other persons
- The concept, goals and types of representation in civil proceedings
- Powers of judicial representatives and their execution
- The concept and types of judicial jurisdiction
- The concept and type of jurisdiction
- The procedure for resolving issues of jurisdiction. Change of jurisdiction
- The concept of court costs. State duty
- The costs associated with the consideration of the case
- Distribution of court costs
- Procedural deadlines
- The concept of a claim. Subject, grounds and content of the claim. Types of claims
- Right to sue
- Complaint and procedure for filing a claim
- Securing the claim
- Concept and classification of court evidence
- Subject and means of proof
- Evidence Process
- Essence, meaning and tasks of preparing a case for trial
- Proceedings to prepare the case for trial
- Appointment of a case for hearing. Court Notices and Summons
- The value of litigation. Procedure for holding a court session
- Postponement of the trial
- Suspension of proceedings
- Ending a Case Without Judgment
- Minutes of the court session
- Judgment. Judicial determination
- The essence of the judgment, its types
- Requirements for a Judgment
- Elimination of shortcomings of the judgment by the court that issued it
- The entry into force of the court decision
- Determination of the court of first instance
- The concept and significance of absentee proceedings
- Content and validity of default judgment
- Protection of the rights and interests of the defendant in absentia proceedings
- The concept and meaning of writ proceedings
- The procedure for issuing a court order
- The procedure for issuing and the content of the court order
- Appeal (proceedings to review decisions and rulings of magistrates)
- Procedural procedure for considering cases arising from administrative legal relations
- The concept and essence of special production. Types of cases of special proceedings
- Establishment of facts of legal significance
- Recognition of a citizen as missing and declaration of death
- Recognition of a citizen as partially capable or incapacitated
- Recognition of property as ownerless
- Restoration of rights under lost bearer documents (call proceedings)
- Cases on establishment of adoption (adoption) of children
- Finding Incorrect Vital Records
- Complaints about notarial acts or refusal to perform them
- The concept and tasks of cassation proceedings
- The right to cassation appeal against court decisions
- Procedure for filing and consideration of cassation complaints and protests
- Powers of the court of cassation
- Grounds for annulment of judgments
- Determination of the court of cassation
- Appealing (making a submission) rulings of the court of first instance
- The concept and tasks of production in the supervisory instance
- The procedure for initiating proceedings in the supervisory authority
- Contents of the complaint, presentation of the prosecutor
- The order of consideration of the case in the supervisory instance
- Determinations and decisions of the courts considering the case in the supervisory instance
- The concept, features and grounds for reviewing decisions, rulings and decrees that have entered into legal force based on newly discovered circumstances
- The procedure for initiating and reviewing cases based on newly discovered circumstances of decisions, rulings and decrees that have entered into legal force
- The essence of enforcement proceedings
- Enforcement mechanism
- Enforcement measures
- Expenses for carrying out enforcement actions. Responsibility for violation of legislation on enforcement proceedings
- Arbitration court: essence, tasks, organization, structure and competence
- Participants of the arbitration process
- Proceedings in the arbitration court of first instance. Revision of decisions of arbitration courts
- Proceedings in cases involving foreign persons
- Features and types of arbitration courts
- The procedure for consideration of disputes in the arbitration court
- The order of execution of the decision of the arbitration court
- Organization and competence of a notary in Russia
- Certification of transactions by a notary
- General rules of notarial proceedings
1. THE CONCEPT OF CIVIL PROCEEDINGS (COURTES). OBJECTIVES, TYPES AND STAGES OF CIVIL LEGAL PROCEEDINGS
Civil Litigation (civil process) - a certain, specific activity of all participants in legal proceedings, including the bodies for executing court decisions, regulated by civil procedural norms.
The Constitution of the Russian Federation enshrined the basic principles of civil proceedings:
1) everyone is equal before the law and the court;
2) the right of everyone to privacy, personal and family secrets, protection of their honor and good name;
3) the right of everyone to use their native language;
4) the right of everyone to protect their rights and freedoms by all means not prohibited by law, etc.
Tasks of civil legal proceedings Art. 2 Code of Civil Procedure of the Russian Federation:
1) correct and timely consideration and resolution of civil cases in order to protect violated or disputed rights, freedoms and legitimate interests;
2) strengthening of law and order, prevention of offenses, formation of a respectful attitude towards the law and the court. The current legislation establishes a certain procedure for considering disputes arising from civil, family, labor and other material legal relations, as well as cases arising from public law relations, and cases of special proceedings, which consists of stages of the process defined by law.
Process stage - a certain part of the process, united by a set of procedural actions aimed at achieving an independent goal.
Types of process steps:
1) initiation of civil proceedings;
2) preparation of the case for trial;
3) legal proceedings;
4) making a decision;
5) proceedings in a court of second instance;
6) proceedings in a court of supervisory authority;
7) revision of decisions and rulings of the court on newly discovered circumstances.
Civil Litigation is divided into the following types:
1) writ - characterized by the absence of the main stages of the civil process. A judgment replaces a court order;
2) claim - is characterized by the following features:
a) the existence of a dispute about the law, which is intended to be resolved by the court;
b) equality of the subjects of the dispute;
c) the subject of protection is a violated or contested right or legally protected interest;
d) is initiated by filing a statement of claim;
3) proceedings in cases arising from public legal relations, which include cases:
a) on declaring invalid normative legal acts;
b) on challenging decisions, actions of state authorities, local governments, officials, state and municipal employees;
c) on the protection of electoral rights and the right to participate in a referendum;
4) special proceedings - characterized by the absence of a dispute about the right. The object of protection is not the violated or disputed right, but the legally protected interest of the applicant;
5) proceedings in cases on challenging the decisions of arbitration courts;
6) proceedings in cases arising from enforcement legal relations - this includes the procedural actions of the court that affect the process of execution of court decisions and decisions of other bodies.
Author: Gatin A.M.
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