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
42. REQUIREMENTS FOR A JUDGMENT
The most important requirements that a court decision must meet are legality and validity.
A decision is legal if:
1) judges, when making decisions, were independent and obeyed only the Constitution of the Russian Federation and federal law;
2) the decision was made on the basis of the Constitution, federal constitutional laws in force on the territory of the Russian Federation, international treaties of the Russian Federation, federal laws and other regulatory legal acts;
3) in case of a conflict of legal norms, the court has made a decision in accordance with the legal provisions that have the highest legal force;
4) the court, in the absence of legal norms regulating disputed legal relations, applied the law regulating similar relations (an analogy of the law), and in the absence of such a law, the court made a decision based on the general meaning of the legislation, and primarily the Constitution of the Russian Federation;
5) the court, in the event of a conflict between legislation and international treaties, applied the rules established by the said treaties ratified by the Russian Federation;
6) the court correctly applied the norms of the current procedural law regulating the procedure not only for making a decision, but also for preparing the case for trial, for considering the case on the merits;
7) the court, in the absence of a rule of procedural law governing the relations that arose in the course of the proceedings, applied the rule governing similar relations (analogy of law), and in the absence of such a rule, the court acted on the basis of the principles of the administration of justice in the Russian Federation (analogy of law).
A court decision cannot be recognized as legal if:
1) the court applied a law that was not subject to application;
2) the court did not apply the applicable law;
3) the court misinterpreted the law.
justified a decision should be recognized when it reflects the facts relevant to the case, confirmed by evidence verified by the court that meets the requirements of the law on the relevance and admissibility of evidence, or well-known circumstances that do not need to be proven, and also when it contains exhaustive conclusions of the court, arising from established facts. The conclusions of the court on the actual circumstances of the case must correspond to the actual relationship between the parties.
The decision of the court may be considered justified if:
1) the court will fully determine the range of facts sought that are essential to the case;
2) the conclusions of the court on the presence or absence of legal facts essential for resolving the case will be based on the evidence examined in the court session.
Solution certainty - the issue of the content of the rights and obligations of the parties in connection with the contentious material legal relationship that is the subject of consideration by the court must be clearly resolved.
Unconditional decision - the operative part of the decision should not contain indications of the possibility of execution of the judgment, depending on the occurrence of any conditions.
Solution completeness - when making a decision, the court must take into account all the circumstances of the case and give an answer to the entire dispute, and not just part of it.
Author: Gatin A.M.
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