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
44. ENTRY OF A COURT DECISION INTO LEGAL FORCE
The court decision enters into legal force after the expiration of the period for appeal or cassation appeal, if it has not been appealed (part 1 of article 209 of the Code of Civil Procedure of the Russian Federation). After the entry into force of the court decision, the parties, other persons participating in the case, their legal successors cannot re-state the same claims in court on the same basis, as well as challenge the facts and legal relations established by the court in another civil process (part 2 of Art. 209 Code of Civil Procedure of the Russian Federation).
The decision of the court is enforced after it enters into force, with the exception of cases of immediate execution, in the manner prescribed by federal law (Article 210 of the Code of Civil Procedure of the Russian Federation). For example, in the case of filing an appeal, the decision of the magistrate comes into force after consideration of this complaint by the district court, if the appealed court decision is not canceled. If the decision of the district court is canceled or the decision of the justice of the peace is changed and a new decision is made, it enters into force immediately (part 1 of article 209 of the Code of Civil Procedure of the Russian Federation). The court may, at the request of the plaintiff, apply the decision to immediate execution if, due to special circumstances, the delay in its execution may lead to significant damage to the claimant or execution may be impossible (Part 1, Article 212 of the Code of Civil Procedure of the Russian Federation).
A court order or a court decision on: the recovery of alimony is subject to immediate execution; payment of wages to the employee within three months; reinstatement at work; inclusion of a citizen of the Russian Federation in the list of voters, referendum participants (Article 211 of the Code of Civil Procedure of the Russian Federation).
A decision that has entered into legal force cannot be reviewed on appeal or cassation. This is possible only in case of restoration of the deadline for appeal, which was missed for good reasons, but in this case the decision loses its legal force.
Upon entry into force, the decision becomes:
1) mandatory for all participants in the process. A court decision that has entered into legal force is binding and is subject to strict execution by all officials and citizens. The binding nature of a court decision that has entered into legal force means that all bodies and officials do not have the right to change or cancel a court decision or make a decision that would contradict the court decision that has entered into legal force. In turn, the binding nature of a court decision is determined by the generally binding nature of the law on the basis of which the decision was made;
2) exceptional, i.e., the decision that has entered into legal force establishes the impossibility of applying to the court with a statement on an identical dispute;
3) prejudicial. The property of the prejudice of a decision that has entered into legal force is that the facts established by it are binding on the court when considering another case involving the same persons and their successors, they are not proven again and are not subject to challenge. If new persons are involved in another process, they have the right to challenge the established facts, since the legal force of the decision does not apply to them.
Author: Gatin A.M.
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