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
18. CONCEPT AND TYPES OF JUDICIAL SCORING
Jurisdiction - assignment of a dispute about the law or other legal matter to the competence of a certain body.
Types of jurisdiction.
1. Exceptional - the case is considered only directly by the court and cannot be resolved on the merits by other bodies. To resolve the dispute by the court, there is no mandatory pre-trial procedure for applying to any other bodies. The exclusive jurisdiction includes disputes on the recognition of authorship of a work of art, on reinstatement at work, on the recognition of an agreement on the transfer of an apartment into the ownership of citizens as invalid, etc.
2. Multiple - means that the legal issue can be resolved in a court of general jurisdiction or an arbitration court, in a labor dispute commission and in court. In some cases, the law gives the applicant the right to choose the body to which he can apply for resolving a legal issue, or leaves the parties themselves to decide on the choice of body, or strictly determines the sequence of applying to various bodies that resolve legal issues.
In this regard, the following types of multiple jurisdiction are distinguished:
1) alternative - a dispute of a legal nature can be legally resolved not only by a court, but also by another non-judicial body (administrative, notarial, arbitration). Appeal to one or another form of protection of the right depends on the discretion of the plaintiff, applicant, other interested party or is determined by agreement of the parties, expressed both in a separate document and in the text of a civil law agreement (contract);
2) contractual - is determined by agreement of the parties. For example, when concluding a transaction, citizens have the right to fix in one of the clauses of the contract that all disputes arising from this contract will be resolved in a specific arbitration court. The participants in the transaction can make a separate arbitration entry about this;
3) conditional - means that for a certain category of disputes or other legal issues, compliance with the preliminary extrajudicial procedure for their consideration acts as a necessary condition for their jurisdiction by the court, i.e., before the trial by the court, the case must be considered by another body;
4) imperative - means that the law establishes a strict sequential passage of the case through the jurisdictional bodies. The jurisdiction of cases is determined by the connection of claims. When combining several interconnected claims, of which some are subordinate to the court, and others to the arbitration court, all claims are subject to consideration in a court of general jurisdiction, if their separation is impossible.
An objective combination of requirements is possible if there is a commonality of their grounds.
If separation of claims is possible, the judge issues a ruling on accepting the claims under the jurisdiction of the court of general jurisdiction and on refusing to accept the claims under the jurisdiction of the arbitration court.
Author: Gatin A.M.
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