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
54. CONCEPT AND ESSENCE OF SPECIAL PRODUCTION. TYPES OF CASES OF SPECIAL PROCEEDINGS
special production - the procedure for consideration and resolution of cases provided for by federal laws, regulated by the norms of civil procedural legislation, characterized by the absence of a dispute about the right and the parties with mutually exclusive property or personal non-property interests.
This proceeding is used when there is no dispute about the right, but the applicant is legally interested in judicial confirmation of the fact, elimination of the uncertainty of the legal status of a citizen or property, restoration of rights according to lost documents, etc.
The following cases are considered in special proceedings:
1) on establishing facts of legal significance:
2) on the adoption (adoption) of a child;
3) on recognizing a citizen as missing or on declaring a citizen dead;
4) on limiting the legal capacity of a citizen, on recognizing a citizen as incapable, on limiting or depriving a minor aged 14 to 18 of the right to independently manage his income;
5) on declaring a minor fully capable (emancipation);
6) on recognizing a movable thing as ownerless and recognizing the right of municipal ownership to an ownerless immovable thing;
7) on the restoration of rights under lost bearer securities or order securities (calling proceedings);
8) on compulsory hospitalization of a citizen in a psychiatric hospital and compulsory psychiatric examination;
9) on making corrections or changes in civil status records:
a) on applications for completed notarial acts or refusal to perform them;
b) on applications for the restoration of lost court proceedings.
This list is not exhaustive. The procedure for considering and resolving cases of special proceedings is based on the general rules of action proceedings, but due to the specifics of cases This type of production has a number of features:
1) the procedural means of initiating special proceedings is not a lawsuit, but a statement, since the applicant does not have substantive claims against other persons;
2) in a special proceeding there are no such institutions as refusal of a claim, recognition of a claim, conclusion of a settlement agreement, change in the subject or grounds for a claim, increase or decrease in the amount of a claim, going beyond the stated claim; the commission of procedural actions aimed at securing a claim, filing a counterclaim, etc. is excluded;
3) the applicant and the persons concerned are the persons participating in cases of special proceedings;
4) a limited number of persons have the right to apply to the court in these cases;
5) the emergence of a dispute on the law under the jurisdiction of the courts prevents the consideration of the case in the order of special proceedings and serves as a basis for leaving the application without consideration. After leaving the application without consideration, the interested person has the right to apply to the court for resolution of the dispute that has arisen in the course of action proceedings.
Author: Gatin A.M.
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