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
12. PARTIES
Parties in civil proceedings - these are the persons participating in the case, whose dispute about a subjective right or legally protected interest, the court must consider and resolve.
To be recognized as a party in a civil process, it is sufficient to have civil procedural legal capacity, and in order to directly (personally) exercise one's rights in court and entrust the case to a representative, one must also have procedural legal capacity.
The parties in civil proceedings are:
1) plaintiff - a person, upon whose application a case has been initiated, who has applied to the court for the protection of rights, freedoms and legitimate interests;
2) defendant - a person called by the court to answer at the request of the plaintiff. According to the plaintiff, the defendant is a person who has violated or disputes his subjective right or legally protected interest.
The parties enjoy equal procedural rights and bear equal procedural obligations.
Along with the rights that belong to them, as well as to all persons participating in the case, the parties have the right:
1) dispose of their subjective rights - both material and procedural; the plaintiff has the right to abandon the claim, change the basis or subject of the claim, increase or decrease the amount of the claim;
2) the defendant may recognize the claim;
3) the parties have the right to terminate the dispute by amicable agreement;
4) the party in whose favor the decision was made has the right to demand enforcement of the decision, to be present at the actions of the bailiff for the execution of the decision and to perform other procedural actions provided for by law.
The parties are obliged:
1) fulfill their procedural duties in good faith;
2) bear the burden of asserting the facts referred to in substantiation of their claims and objections, and the obligation to prove these facts by presenting the necessary evidence;
3) inform the court about the change of his place of residence and appear in court;
4) they bear legal costs and a number of other obligations;
5) unfair use of procedural rights or failure to fulfill procedural obligations may have adverse (unfavorable) consequences for the parties (return of the statement of claim, leaving the statement (claim) without consideration, adjournment of the case, consideration of the case in the absence of a party, issuance of a default decision). The law provides for the possibility of participation in a case by several plaintiffs or defendants, i.e., a lawsuit can be brought to court jointly by several plaintiffs or against several defendants (procedural complicity).
Procedural complicity is allowed if:
1) the subject of the dispute is the common rights or obligations of several plaintiffs;
2) the subject of the dispute is the common rights or obligations of several defendants;
2) the rights and obligations of several plaintiffs or defendants have one basis; Each of the plaintiffs or defendants in relation to the other party acts independently in the process. The accomplices may entrust the conduct of the case to one or more of the accomplices.
Author: Gatin A.M.
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