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
37. SUSPENSION OF THE PROCEEDINGS
Suspension of proceedings - temporary suspension of the execution of procedural actions due to circumstances beyond the control of the court and participants in the process.
The court may suspend the proceedings on the case both at the request of the persons participating in the case, and on its own initiative.
Application for suspension of production may be filed during the trial and before the trial (when preparing the case for trial).
Ruling on suspension of proceedings may be made at a preliminary hearing.
The legislator provided the grounds for the court is obliged to suspend consideration of the case, as well as the grounds on which the court has the right suspend the proceedings. In the science of civil procedure, these grounds are called binding и optional.
The court is obliged to suspend the proceedings in the case of:
1) the death of a citizen, if the disputed legal relationship allows for legal succession, or the reorganization of a legal entity who are parties to the case or third parties with independent claims;
2) the recognition of the party as incapable or the absence of a legal representative of the person recognized as incapacitated;
3) the participation of the respondent in military operations, the performance of tasks in a state of emergency or martial law, as well as in the conditions of military conflicts or the request of the plaintiff, participating in hostilities or in the performance of tasks in a state of emergency or martial law, as well as in conditions of military conflicts;
4) the impossibility of considering this case before the resolution of another case being considered in civil, administrative or criminal proceedings;
5) appeals of the court to the Constitutional Court of the Russian Federation with a request on the conformity of the law to be applied with the Constitution of the Russian Federation.
The court may, at the request of the persons participating in the case, or on its own initiative, suspend the proceedings in the case if:
1) the party is in a medical institution;
2) search for the defendant;
3) appointment by the court of expertise;
4) appointment by the body of guardianship and guardianship of an examination of the living conditions of adoptive parents in the case of adoption (adoption) and other cases affecting the rights and legitimate interests of children;
5) direction by the court of a court order. Suspension of production is issued by court ruling. A private complaint may be filed against a court decision to suspend proceedings in a case.
The proceedings on the case are resumed after the elimination of the circumstances that caused its suspension, on the basis of an application from the persons participating in the case, or at the initiative of the court.
From the date of resumption of proceedings on the case, the time limits for consideration and resolution of the case are resumed, and procedural actions may also be performed.
The court shall issue a ruling on the resumption of proceedings on the case, which must indicate the circumstances indicating that the grounds for suspending the proceedings have disappeared, as well as the time and place of the court session, about which the persons participating in the case and other participants in the process are notified.
Author: Gatin A.M.
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