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
58. RECOGNIZING PROPERTY AS OWNERLESS
Property is recognized as ownerless only by a court decision. The recognition process begins with the filing of an application for recognition of a movable as ownerless. An application for recognition of a movable thing as ownerless shall be submitted to the court by the person who has taken possession of it, at the place of residence or location of the applicant.
An ownerless thing is a thing that has no owner or the owner of which is unknown, or a thing for which the owner has renounced the right of ownership.
We are talking about an abandoned thing, the value of which clearly exceeds 5 times the minimum wage and is not related to waste (scrap metal, defective products, smelter from an alloy, etc.).
Special rules are provided for acquiring ownership of a find, stray animals, treasure. The owner becomes the person who has taken actual possession of the ownerless thing. Applying to the court with a request to recognize these things as ownerless entails refusal to accept the application, since there is a different procedure for acquiring them into ownership.
In all other cases, an out-of-court procedure for acquiring ownership of ownerless things applies.
The application to the court must be preceded by registration of ownerless real estate to the institution of justice for the state registration of rights to real estate, on the territory of which it is located.
The application for recognition of a movable thing as ownerless must indicate, which thing is subject to recognition as ownerless, its main features must be described, as well as evidence indicating the owner’s renunciation of ownership of it, and evidence indicating that the applicant has taken possession of the thing.
As evidence in such cases can be used acts of inventory of property and its preliminary assessment, certificates from housing maintenance organizations, municipal services authorities, tax authorities, as well as registration authorities, written statements about the renunciation of ownership of an item, messages from address bureaus about the absence of the owner of the item, etc.
After accepting the application, the judge, in order to prepare the case for trial, finds out which persons can provide information about the ownership of property, and also requests information about it from the relevant organizations.
The case is considered with the participation of the applicant and interested persons. If in the course of the proceedings the owner of the property is identified and claims his rights to it, the court leaves the application without consideration due to the dispute that has arisen about the right to be considered in a lawsuit.
Having established that the property does not have an owner, or its owner is unknown, or the owner has abandoned this property, the court makes a decision on recognizing the movable thing as ownerless and transferring it to the ownership of the applicant.
In the case when, after the issuance and entry into force of the court decision, the owner of the thing is found out, the issue of its recovery from the new owners must be resolved by filing an independent claim.
Author: Gatin A.M.
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