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
52. APPEALS
Appeal proceedings - revision by the district court of decisions and rulings of the justice of the peace that have not entered into legal force by re-examining the case on the merits with the study and evaluation of evidence, establishing the actual circumstances of the case and issuing a decision or ruling.
The decisions of justices of the peace may be appealed on appeal by the parties and other persons participating in the case to the appropriate district court through a justice of the peace or separately. On the decision of the justice of the peace, the prosecutor participating in the case may bring appeal presentation.
Appeal, presentation may be filed within 10 days from the date of the decision of the justice of the peace in the final form.
The District Judge, after reviewing the complaint, may:
1) leave the appeal or presentation without progress if it does not comply with the law, but at the same time assign the person who filed the appeal or presentation a period for correcting the shortcomings;
2) to return the appeal, presentation in case of:
a) failure to comply with the instructions of the justice of the peace contained in the court ruling on leaving the complaint, presentation without movement within the prescribed period;
b) the expiration of the period for appeal, if the complaint, presentation does not contain a request for the restoration of the period or its restoration is refused;
c) at the request of the person who filed the complaint, an appeal presentation;
3) accept it for production.
After accepting the complaint, the judge of the district court considers the case according to the general rules of legal proceedings.
The appellate process consists of:
1) preparatory stage - the judge notifies the persons participating in the case of the time and place of the court session and takes other actions to prepare the case for trial;
2) stage of the case on the merits - case materials and evidence are examined. The court has the right to establish new facts and examine new evidence;
3) decision-making stage - the decision of the district court is adopted in the form of an appeal decision and replaces in whole or in part the decision of the justice of the peace.
The decision of the court of appeal comes into force from the date of its adoption.
The court of appeal, when considering an appeal or presentation, has the right to:
1) leave the decision of the magistrate unchanged, the complaint, presentation without satisfaction;
2) change the decision of the justice of the peace or cancel it and adopt a new decision. This is possible if the solution:
a) circumstances relevant to the case are incorrectly identified;
b) the circumstances established by the justice of the peace that are relevant to the case have not been proved;
c) the conclusions of the justice of the peace set out in the court decision do not correspond to the circumstances of the case;
d) the rules of law have been violated or incorrectly applied;
3) cancel the decision of the justice of the peace in whole or in part and terminate the court proceedings or leave the application without consideration.
Author: Gatin A.M.
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