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
47. CONTENT AND EFFECTIVENESS OF A DECISION IN ABSOLUTELY
A decision in absentia shall be issued in accordance with the general rules provided for by law.
The court decision consists of introductory, descriptive, motivational and resolutive parts.
В introductory part of the court decision, the date and place of the adoption of the court decision, the name of the court that made the decision, the composition of the court, the secretary of the court session, the parties, other persons participating in the case, their representatives, the subject of the dispute or the stated claim must be indicated.
Descriptive part The court decision must contain an indication of the plaintiff's claim, the defendant's objections and explanations of other persons participating in the case.
В motivational part court decisions must indicate the circumstances of the case, established by the court; the evidence on which the court's conclusions about these circumstances are based; arguments on which the court rejects certain evidence; laws that govern the court.
If the claim is recognized by the defendant in the reasoning part of the court decision, only the recognition of the claim and its acceptance by the court can be indicated.
In case of refusal of the claim in connection with the recognition of unjustified reasons for missing the limitation period or the deadline for applying to the court, the reasoning part of the court decision indicates only the establishment of these circumstances by the court.
Operative part The court decision must contain the court's conclusions on the satisfaction of the claim or on the refusal to satisfy the claim in whole or in part, an indication of the distribution of court costs, the term and procedure for appealing the court decision.
When making a decision in absentia, the court must take into account some features:
1) the title of the decision must contain the word “in absentia”;
2) in the descriptive part, it must be indicated that the case was considered in the absence of the defendant according to the rules of Ch. 22 Code of Civil Procedure of the Russian Federation in compliance with the above conditions;
3) if the defendant fails to provide written explanations for the statement of claim, the descriptive part shall indicate only the arguments of the plaintiff;
4) in the operative part of the decision in absentia, along with the general appeal procedure provided for both parties, the court must indicate the time period and procedure for filing an application to cancel such a decision. This right is granted only to the defendant. This provision is an important guarantee of the timely exercise by the parties of the right to appeal or cassation appeal, and the defendant, in addition, the right to file an application for the cancellation of a default decision.
If the case, at the request of the plaintiff, was considered in his absence, then a copy of the court decision is sent to him in the same way as to the defendant within 3 days from the date of the decision. In this case, one should keep in mind the general rules for making a judicial decision. So, in accordance with Art. 199 of the Code of Civil Procedure of the Russian Federation, the operative part of the court decision is announced at the same court session in which the proceedings of the case ended, and the drawing up of a reasoned decision may be postponed for up to 5 days. The period for sending copies of a default decision to the parties is calculated from the date the court draws up a reasoned decision.
Author: Gatin A.M.
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