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
16. CONCEPT, PURPOSES AND TYPES OF REPRESENTATION IN CIVIL PROCEEDINGS
Judicial representation - a legal relationship by virtue of which one person (legal representative), within the powers granted to him, performs procedural actions on behalf of and in the interests of another person (represented), as a result of which the latter directly has procedural rights and obligations.
Purpose of representation - rendering certain legal assistance to the represented person in protecting his subjective rights and interests, as well as assisting the court in collecting and examining evidence on the merits of the dispute and in issuing a lawful and reasonable court decision.
Representatives in court can be legally capable persons who have duly executed powers to conduct the case, with the exception of persons (persons) who cannot be representatives in court.
There are several types of judicial representation.
1. legal representation - carried out on behalf of incapacitated and not fully capable citizens, as well as citizens recognized as missing. The basis for the establishment of a representative office are:
1) the citizen’s lack of full legal capacity, as well as a certain degree of relationship between him and the representative, or the appointment of a guardian or trustee for such a citizen;
2) the recognition of a citizen as missing and the transfer of his property to trust management of a person determined by the body of guardianship and guardianship.
Legal representatives may be:
1) parents or adoptive parents in relation to their or adopted minor children; guardians for persons declared incompetent and minors;
2) custodians in respect of persons with limited legal capacity and minors aged 14 to 18;
3) in a case in which a missing person must participate, a trustee of his property.
2. Representation of a lawyer by order of the court.
The basis for the emergence of this representation is the corresponding ruling of the court. In particular, the court is obliged, when preparing a case for trial, to appoint a lawyer as a representative in the absence of a representative from the defendant, whose place of residence is unknown.
3. Contractual (voluntary) representation on behalf of citizens and organizations, including the representation of one of the accomplices on behalf of other accomplices - the basis for the emergence of this type of representation is an appropriate agreement between the representative and the represented.
4. Representation on behalf of the organization - arises on the basis of a direct indication of a federal law, other legal act or constituent documents.
5. Representation on behalf of the state, specially authorized bodies and officials.
On behalf of the Russian Federation, constituent entities of the Russian Federation and municipalities, bodies of state power and bodies of local self-government, respectively, within the limits of their competence, may act in court.
Author: Gatin A.M.
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