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
33. PROCEEDING ACTIONS TO PREPARE THE CASE FOR THE COURT PROCEEDINGS
Allocate the following groups of preparatory actions:
1) ensuring completeness of information about the circumstances of the case, for which the judge carries out the following actions:
a) questioning the plaintiff on the merits of the stated requirements - necessary to clarify the plaintiff’s demands and make them more specific;
b) interrogation of the defendant on the circumstances of the case - takes place with the same purpose as calling the plaintiff. But questioning the plaintiff, the defendant or their representatives on the circumstances of the case is a mandatory procedural action;
c) the judge sends the defendant a copy of the application and the documents attached to it substantiating the claims of the plaintiff;
2) formation of the evidence base for resolving the case - in connection with the obligation to collect evidence, which is assigned to the parties, when questioning the plaintiff and the defendant, the judge finds out what evidence the parties have, may offer to provide additional evidence within a certain period, so that both parties got acquainted not only with the requirements of the opponent, but also with the evidence base provided by the other side.
If necessary, the court assists the persons participating in the case in collecting evidence by performing the following actions:
a) the request by the court, at the request of the parties, of written or material evidence, the issuance of a request for evidence to an interested person;
b) obtaining evidence by sending a court order if it is necessary to carry out a procedural action in another district or city;
c) appointment of expertise, experts to conduct it;
3) determination of the composition of the participants in the process, for which the judge performs the following actions:
a) resolves the issue of co-plaintiffs and co-defendants joining the case. If a claim is not filed by all persons who presumably have the right to claim, the court notifies such persons of the accepted claim and explains to them their right to join the case as co-plaintiffs;
b) resolves the issue of third parties joining the case without independent claims regarding the subject of the dispute;
c) replaces the wrong defendant with the consent of the plaintiff;
d) resolves the issue of summoning witnesses, specialists, an interpreter to the court session appointed to consider the case on the merits;
4) explanatory and instructional actions of the judge:
a) explanation to the parties of their procedural rights and obligations, which determine the procedure and scope of judicial protection at the stage of preparing the case for trial;
b) Simultaneously with the direction or delivery to the defendant of a copy of the statement of claim and the documents attached to it, the judge proposes to present evidence in support of his objections within the time period established by him. At the same time, the judge explains that the failure by the defendant to present evidence and objections within the time period established by the judge does not prevent the consideration of the case based on the evidence available in the case.
Not all actions performed at this stage are preparatory in nature.
Some actions are of a different nature, such as actions aimed at concluding a settlement agreement or interim actions.
Author: Gatin A.M.
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