Civil procedural law. Concept, meaning and classification of principles of civil procedural law (the most important)

Lecture notes, cheat sheets
Free library / Directory / Lecture notes, cheat sheets

Civil procedural law. Concept, meaning and classification of principles of civil procedural law (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

Comments on the article

Table of contents (expand)

4. CONCEPT, SIGNIFICANCE AND CLASSIFICATION OF THE PRINCIPLES OF CIVIL PROCEDURAL LAW

Principles of civil procedural law - the main provisions on the basis of which the specificity, essence and content of this branch of law is determined.

Meaning of the principles:

1) are important democratic guarantees of justice in civil cases;

2) the court is guided not only by specific civil procedural rules, but also by the principles of procedural law;

3) contribute to the correct interpretation of all norms of civil procedural law;

4) contribute to overcoming gaps in civil procedural law. The application of the analogy of law or law is possible only on the basis of the principles of civil procedural law;

5) determine the structure and essential features of civil procedural law, its general provisions;

6) determine the content of procedural law as a whole;

7) cover all norms and institutions of civil procedural law;

8 indicate the purpose of the process and methods for achieving it;

9 predetermine the nature and content of the activities of subjects of law, the general direction of development and further improvement of this industry.

All additions and changes that are made to civil procedural legislation are formulated primarily on the basis of the principles of the industry.

Structure of principles civil procedural law consists of the following components:

1) the presence of certain ideas in the field of legal consciousness, including the legal consciousness of judges and other lawyers, and in legal science;

2) consolidation of relevant provisions in the current legislation;

3) implementation of the principles of law in a particular area of social relations.

The system of civil procedural law includes the whole set of principles of a given branch of law in their correlation and interdependence.

Classification of principles of civil procedural law.

1. By the nature of the normative source, in which a specific principle is enshrined:

1) constitutional principles:

a) administration of justice only by the court;

b) the independence of judges and their subordination only to the law;

c) the principle of irremovability of judges;

d) the principle of immunity of judges;

e) the principle of competitiveness of the parties;

f) the principle of equality before the law and the courts;

g) the principle of publicity of the trial.

2) the principles enshrined in the Code of Civil Procedure of the Russian Federation:

a) the principle of sole and collegial consideration of a civil case;

b) the language of civil proceedings; c) the principle of discretion;

e) a combination of oral and written language;

f) the principle of immediacy;

g) the principle of continuity.

2. Depending on whether one or more industries have relevant principles:

1) intersectoral;

2) industry specific;

3. According to the object of regulation:

1) organizational and functional principles - are simultaneously principles of organizing justice (judicial) and functional;

2) functional - thanks to these principles, the main functions of the court are implemented;

3) organizational - determine the procedure for organizing the activities of the court.

Author: Gatin A.M.

<< Back: Sources of civil procedural law

>> Forward: Civil procedural norms (concept, types, features, structure). Effect of civil procedural rules in time and space

We recommend interesting articles Section Lecture notes, cheat sheets:

▪ Criminalistics. Lecture notes

▪ Strategic management. Lecture notes

▪ Foreign literature of the XX century in brief. Part 1. Cheat sheet

See other articles Section Lecture notes, cheat sheets.

Read and write useful comments on this article.

<< Back

Latest news of science and technology, new electronics:

The existence of an entropy rule for quantum entanglement has been proven 09.05.2024

Quantum mechanics continues to amaze us with its mysterious phenomena and unexpected discoveries. Recently, Bartosz Regula from the RIKEN Center for Quantum Computing and Ludovico Lamy from the University of Amsterdam presented a new discovery that concerns quantum entanglement and its relation to entropy. Quantum entanglement plays an important role in modern quantum information science and technology. However, the complexity of its structure makes understanding and managing it challenging. Regulus and Lamy's discovery shows that quantum entanglement follows an entropy rule similar to that for classical systems. This discovery opens new perspectives in the field of quantum information science and technology, deepening our understanding of quantum entanglement and its connection to thermodynamics. The results of the study indicate the possibility of reversibility of entanglement transformations, which could greatly simplify their use in various quantum technologies. Opening a new rule ... >>

Mini air conditioner Sony Reon Pocket 5 09.05.2024

Summer is a time for relaxation and travel, but often the heat can turn this time into an unbearable torment. Meet a new product from Sony - the Reon Pocket 5 mini-air conditioner, which promises to make summer more comfortable for its users. Sony has introduced a unique device - the Reon Pocket 5 mini-conditioner, which provides body cooling on hot days. With it, users can enjoy coolness anytime, anywhere by simply wearing it around their neck. This mini air conditioner is equipped with automatic adjustment of operating modes, as well as temperature and humidity sensors. Thanks to innovative technologies, Reon Pocket 5 adjusts its operation depending on the user's activity and environmental conditions. Users can easily adjust the temperature using a dedicated mobile app connected via Bluetooth. Additionally, specially designed T-shirts and shorts are available for convenience, to which a mini air conditioner can be attached. The device can oh ... >>

Energy from space for Starship 08.05.2024

Producing solar energy in space is becoming more feasible with the advent of new technologies and the development of space programs. The head of the startup Virtus Solis shared his vision of using SpaceX's Starship to create orbital power plants capable of powering the Earth. Startup Virtus Solis has unveiled an ambitious project to create orbital power plants using SpaceX's Starship. This idea could significantly change the field of solar energy production, making it more accessible and cheaper. The core of the startup's plan is to reduce the cost of launching satellites into space using Starship. This technological breakthrough is expected to make solar energy production in space more competitive with traditional energy sources. Virtual Solis plans to build large photovoltaic panels in orbit, using Starship to deliver the necessary equipment. However, one of the key challenges ... >>

Random news from the Archive

Coradia iLint hydrogen trains 16.11.2022

The Rhein-Main Transport Association (RMV) presented Alstom's first hydrogen-powered Coradia iLint train in Frankfurt am Main, which will start transporting passengers on non-electrified lines in the Taunus region near the city from December 2022.

After the presentation, the train made a test drive to the Hochst Industrial Park, where a hydrogen refueling station is located, built by the park operator, Infraserv Hochst.

RMV will have the world's largest fleet of hydrogen fuel cell powered passenger rolling stock.

A EUR 500 million contract for the supply of 27 Coradia iLint trains was signed with Alstom in May 2019.

The first trains will start operating on the RB2022 Frankfurt/Main-Brandoberndorf route from December 15, the rest will be available to RMV until spring 2023 and will gradually be put into operation on three other routes that include non-electrified lines.

All these routes will be operated by Regionalverkehre Start Deutschland, a subsidiary of the German Railways (DB), which will replace the former operator, Hessische Landesbahn (HLB).

At the same time, during the transition period, until the end of April 2023, HLB will continue to operate routes RB11 and RB16 to ensure uninterrupted passenger transportation by diesel trains until the commissioning of all new trains with hydrogen fuel.

Under the terms of the contract, Alstom will take over the maintenance of the trains and will be responsible for their readiness and operation for 25 years.

At Alstom's request, the maintenance and repair of the trains will be carried out by DB Regio employees at the DB depot in Griesheim.

Other interesting news:

▪ Car electric refueling

▪ Men's stress harms future children

▪ Genetic cause of early baldness

▪ The Danger of Dirty Windows

▪ Flute, which is nine thousand years old

News feed of science and technology, new electronics

Interesting materials of the Free Technical Library:

▪ section of the site Calls and audio simulators. Article selection

▪ article by Terence McKenna. Famous aphorisms

▪ article Why do visitors throw potatoes at the grave of the Prussian king? Detailed answer

▪ article Sales Manager. Job description

▪ article Electric irons. Encyclopedia of radio electronics and electrical engineering

▪ article Stereo decoder set-top box. Encyclopedia of radio electronics and electrical engineering

Leave your comment on this article:

All languages of this page

Home page | Library | Articles | Website map | Site Reviews