Civil procedural law. Civil procedural norms (concept, types, features, structure). Effect of civil procedural rules in time and space (most important)

Lecture notes, cheat sheets
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Civil procedural law. Civil procedural norms (concept, types, features, structure). Effect of civil procedural rules in time and space (most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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5. CIVIL PROCEDURAL RULES (CONCEPT, TYPES, FEATURES, STRUCTURE). THE OPERATION OF CIVIL PROCEDURES IN TIME AND SPACE

Norm of civil procedural law is an element of the structure of law.

The norm of civil procedural law is a generally binding rule of conduct that gives participants in civil procedural relations subjective rights and legal obligations.

The civil procedural norm has the following features:

1) is established exclusively by federal law;

2) regulates legal relations in a special area - in the area of administration by courts of general jurisdiction and magistrates of justice in civil cases;

3) the law enforcer of the civil procedural norm and the obligatory participant of the legal relations regulated by it is the court (judge);

4) the legal interpretation of the norm is carried out by the Plenum of the Supreme Court of the Russian Federation.

Legal rules are divided into:

1) regulatory - regulations aimed at regulating relations by providing participants in the process with rights and assigning responsibilities to them:

a) binding - establish the obligations of a person to perform certain actions;

b) prohibiting - establish the obligation of a person to refrain from certain actions;

c) authorizing - establish subjective rights to perform certain actions;

2) protective - regulate state coercive measures to protect the rights of participants in the process (sanctions);

3) generalizing - have an additional character and are not an independent regulatory basis for the emergence of legal relations:

a) general - aimed at fixing in a generalized form the features of regulated relations;

b) declarative - norms-prescriptions that formulate the legal principles underlying the legal regulation of relations in a certain area;

c) definitive - define in a generalized form the signs of certain legal categories.

Also, the rules are divided into:

1) absolutely certain - exhaustively formulate the conditions of action of the participants in the process, their rights and obligations;

2) relatively certain - do not contain exhaustive instructions and leave the court to decide the issue of law, taking into account specific circumstances:

a) situational - regulate actions by an act of the court, depending on the specific situation;

b) alternative - provide for the possibility of the arbitration court using one of several precisely designated options for actions or the commission by persons participating in the case of any of the actions allowed by law;

c) optional - provide, along with the main option, an optional option of action.

The rule of law takes effect after its entry into force. The rule of law has no retroactive effect and applies to relations that have arisen after its entry into force. The operation of the law extends to relations that arose before its entry into force, only in cases where this is expressly provided for by law.

The rule of law applies to the entire territory of the Russian Federation or to a specific territorial area in the event that this is provided for by federal law.

Author: Gatin A.M.

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