Civil procedural law. The meaning of litigation. Procedure for holding a court hearing (the most important)

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Civil procedural law. The meaning of litigation. Procedure for holding a court hearing (the most important)

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35. SIGNIFICANCE OF JUDICIAL PROCEEDINGS. PROCEDURE OF THE COURT SESSION

Trial - the main stage of the civil process. At the court session, common to civil proceedings are carried out targets and goals: correct and timely consideration and resolution of a civil case on the merits with the issuance of a lawful and reasoned decision.

Significance of litigation:

1) at this stage, justice is administered in a specific case;

2) the outcome of the case as a whole depends on the correctness of this stage;

3) at this stage, all the principles of civil procedural law manifest themselves;

4) at this stage, all the rights of the parties are exercised;

5) at this stage, the entire set of tasks resolved during the trial is performed;

6) at this stage the dispute comes to resolution;

7) when making a decision, the court contributes to the strengthening of law and order, the prevention of offenses, forming a respectful attitude towards the rights, honor and dignity of citizens.

The procedure for conducting a court session has a complex structure and consists of the following stages:

1) preparatory part - the following actions take place:

a) opening of the court session - at the time appointed for the trial of the case, the presiding judge opens the court session and announces which civil case is to be considered;

b) checking the presence of participants in the process;

c) explaining to the interpreter his rights and obligations;

d) removal of witnesses from the courtroom;

e) announcement of the composition of the court and explanation of the right of self-withdrawal and challenge;

f) explanation to the persons participating in the case of their procedural rights and obligations;

g) permission by the court of petitions of persons participating in the case;

h) explaining to the expert and specialist their rights and obligations, as well as warning the expert about criminal liability for giving a knowingly false opinion, about which a signature is taken from him, which is attached to the minutes of the court session;

2) trial on the merits - the following sequence of actions:

a) the chairman delivers a report;

b) then the presiding judge finds out whether the plaintiff supports his claims, whether the defendant recognizes the claims of the plaintiff and whether the parties do not want to end the case by concluding a settlement agreement;

c) the court establishes the sequence of examination of evidence;

d) direct examination of evidence;

e) completion of the consideration of the case on the merits. After examining all the evidence, the presiding judge gives the floor to the prosecutor, a representative of a state body or a representative of a local self-government body, asks other persons participating in the case, their representatives, whether they wish to make additional explanations. In the absence of such statements, the presiding judge shall declare the consideration of the case on the merits completed;

3) judicial debate - consist of speeches of persons participating in the case, their representatives. In judicial debate, the plaintiff, his representative, is the first to speak, then the defendant, his representative;

4) adjudication:

a) removal of the court to make a decision

b) announcement of the court decision.

Author: Gatin A.M.

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