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
14. PARTICIPATION OF THE PROSECUTOR IN CIVIL PROCEEDINGS
There are two forms of participation of the prosecutor in civil proceedings:
1) applying to the court to initiate proceedings in a civil case in order to protect the rights and interests of other persons. An application in defense of the rights, freedoms and legitimate interests of a citizen can be filed by a prosecutor only in cases where the citizen, due to health reasons, age, incapacity and other valid reasons, cannot go to court himself;
2) entry into the process initiated by the interested person. Features of the participation of the prosecutor in court:
1) the prosecutor, on behalf of the Russian Federation, supervises the implementation of laws in force on its territory. The prosecutor is classified as a person participating in the case, since he has a certain interest in the outcome of the case. The interest of the prosecutor is state-legal;
2) in civil proceedings, the prosecutor acts independently and independently of other persons participating in the case, since his interest in the process follows from his competence;
3) the prosecutor ensures the legality of the actions of all participants in the proceedings, the correctness of the decisions issued by the court, eliminates any violations of the law, assists the court in the administration of justice;
4) by virtue of his competence, the prosecutor may be interested in the case and may participate in the consideration and resolution of any civil case;
5) the basis for the participation of the prosecutor is that the prosecutor participates in the consideration of civil cases by the courts, if this is required by the protection of the rights of citizens, their freedoms and the legitimate interests of society and the state;
6) the reason for the participation of the prosecutor in the process is an oral or written statement of citizens, a message from state bodies, public or other organizations, publications in the media, etc.
Categories of civil cases in which prosecutors are required to participate by virtue of law:
1) on the protection of citizens’ electoral rights;
2) on recognizing a citizen as missing or declaring a citizen dead;
3) on the adoption (adoption) of a child;
4) on limiting the legal capacity of a citizen, declaring a citizen incompetent, restricting or depriving a minor aged 14 to 18 of the right to independently manage his income;
5) on deprivation of parental rights;
6) on restriction of parental rights.
The prosecutor has a range of procedural rights:
1) get acquainted with the case materials;
2) submit recusals and other petitions;
3) present evidence and participate in the examination of evidence;
4) to ask questions at the court session to other persons participating in the case, witnesses, experts;
5) give opinions on all issues arising in the course of the trial;
6) give opinions on the merits of the case as a whole, challenge decisions and rulings;
7) perform other procedural actions provided for by law.
The procedural rights of the prosecutor are at the same time his duties.
Author: Gatin A.M.
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