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
51. PROCEDURE FOR ISSUANCE AND CONTENT OF THE JUDICIAL ORDER
The debtor, after receiving the court order, within 10 days from the date of delivery, has the right to file objections regarding its execution.
These objections should not be about the essence of the stated substantive legal requirements, but about the execution of the act of the judiciary. At the same time, the legislator did not stipulate in any way the moment of checking the receipt by the debtor of a copy of the court order, although it is connected with the course of a 10-day period.
If no objections are received from the debtor within the prescribed period, the judge shall issue to the recoverer a second copy of the court order, certified by the official seal of the court, for presenting it for execution. At the request of the claimant, the court order may be sent by the court for execution to the bailiff, and in order for the court order to be sent by the court for execution to the bailiff, only the request of the person in whose favor the order was issued is necessary. This right of the creditor is due to the fact that cases of dishonest behavior of the debtor are often revealed, for example, concealment of property, as a result of which the execution of the order becomes impossible.
This right is a guarantee of the fulfillment of a legal requirement and a court order. In case of collection of the state fee from the debtor to the income of the relevant budget, on the basis of a court order, a writ of execution is issued, which is certified by the official seal of the court and sent by the court for execution in this part to the bailiff.
The court order states:
1) production number and date of the order;
2) the name of the court, the surname and initials of the judge who issued the order;
3) the name, place of residence or location of the claimant;
4) name, place of residence or location of the debtor;
5) the law on the basis of which the claim is satisfied;
6) the amount of money to be collected, or the designation of movable property to be claimed, indicating its value;
7) the amount of the penalty, if its collection is provided for by federal law or the contract, as well as the amount of penalties, if any are due;
8) the amount of the state duty to be collected from the debtor in favor of the recoverer or to the income of the relevant budget.
The court order for the recovery of alimony for minor children, in addition to this information, indicates the date and place of birth of the debtor, his place of work, the name and date of birth of each child for the maintenance of which alimony was awarded, the amount of payments collected monthly from the debtor, and the period for their collection .
The court order is drawn up on a special form in two copies, which are signed by the judge. One copy of the court order remains in court proceedings. A copy of the court order is made for the debtor.
In case of loss of a court order, the person in whose favor it was issued has the right to apply to the justice of the peace with an application for the issuance of a duplicate.
Author: Gatin A.M.
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