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
50. ORDER PROCEDURE
Court order - a court decision issued by a single judge on the basis of an application for the recovery of sums of money or for the recovery of movable property from the debtor in accordance with legal requirements.
Writ proceedings are initiated by filing an application, which is filed with the court according to the general rules of cognizance and is paid with a state fee in the amount of 50% of the rate established for statements of claim.
This application must be of a certain form and content. An application for a court order is submitted in writing.
The application for a court order must include:
1) the name of the court to which the application is submitted;
2) the name of the recoverer, his place of residence or location;
3) the name of the debtor, his place of residence or location;
4) the claim of the exactor and the circumstances on which it is based;
5) documents confirming the validity of the exactor's claim;
6) list of attached documents.
In the case of claiming movable property, the application must indicate the value of this property.
An application for issuance of a court order shall be signed by the recoverer or his representative having the appropriate authority. The application submitted by the representative must be accompanied by a document certifying his authority.
After filing an application, the judge does one of two things:
1) refuses to accept the application. In addition, the judge refuses to accept the application in cases established by law when:
a) a claim is made that is not provided for by law;
b) the place of residence or location of the debtor is outside the Russian Federation;
c) documents confirming the stated requirement are not submitted;
d) the existence of a dispute about the right is seen from the application and submitted documents;
e) the claimed claim has not been paid with state duty.
On refusal to accept an application for issuing a court order, the judge shall issue a ruling within 3 days from the date of receipt of the application by the court;
2) accepts the application, after which a court order is issued. It must be issued within 5 days from the date of receipt of the application for the issuance of a court order to the court. A court order is issued without trial and without summoning the parties to hear their explanations.
After the order is issued, the next stage begins - notifying the debtor of the issuance of the court order, i.e. the judge sends a copy of the court order to the debtor, who, within 10 days from the date of receipt of the order, has the right to file objections regarding its execution. If the debtor raises objections regarding its execution within the prescribed period, the judge cancels the court order. In the ruling on the cancellation of the court order, the judge explains to the exactor that the claim he has filed may be brought in the course of action proceedings. Copies of the court ruling on the cancellation of the court order shall be sent to the parties no later than 3 days after the date of its issuance.
If there are no objections, then a court order is issued.
Author: Gatin A.M.
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