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
62. COMPLAINTS AGAINST NOTARIAL ACTIONS OR REFUSAL TO PERFORM THEM
Complaints about notarial actions or refusal to perform them are considered in the order of special proceedings.
These cases are considered by a single judge.
object of appeal are notarial acts or refusal to perform them.
An interested person who considers a notarial action performed or a refusal to perform a notarial action wrong, has the right to file an application about this with the court at the location of the notary or at the location of the official authorized to perform notarial actions.
Statements about incorrect certification of wills and powers of attorney or refusal to certify them by officialsspecified in federal laws, are filed with the court at the location, respectively, of the hospital, hospital, sanatorium, or other inpatient medical institution; social service institutions, including homes for the elderly and disabled, social protection institutions; expedition, military unit, formation, institution and military educational institution, place of imprisonment.
An application for incorrect certification of a will or refusal to certify it by the captain of a sea vessel, a mixed navigation vessel or an inland navigation vessel flying the State Flag of the Russian Federation shall be filed with the court at the location of the vessel's port of registry.
The application is submitted to the court within 10 days from the day when the applicant became aware of the notarial act performed or the refusal to perform the notarial act.
A dispute about the law that has arisen between interested parties, based on a notarial act performed, is considered by the court in the order of action proceedings.
Such actions of a notary as slowness, rudeness and others are appealed to the institutions of justice (territorial departments, departments of the Ministry of Justice of the Russian Federation and the Ministry of Justice of individual regions).
Subject of law interested persons who act in the procedural role of the applicant are to apply to the court about actions or to refuse to commit them. The law does not contain a list of interested parties.
The complaint is considered by the judge in an open court session. The applicant, a public or private notary or an official who has performed the appealed notarial act or refused to perform the notarial act shall participate in the consideration of the complaint.
The law provides for the possibility of participation of both citizens and legal entities in the consideration of a complaint as interested persons.
Failure to appear properly notified of the day of consideration of the complaint of the persons participating in the case does not prevent the consideration of the complaint.
If a dispute arises between the interested parties on the law, based on the performed notarial act and under the jurisdiction of the courts, the court leaves the complaint without consideration and explains to the interested parties that they can resolve their dispute in the order of action proceedings.
If the complaint is justified, the court shall issue a decision by which it cancels the performed notarial action or obliges to perform such action.
Author: Gatin A.M.
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| Random news from the Archive Benefits of children's music lessons
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Does your child not want to go to music school? Try to convince him not to give up classes - playing a musical instrument is good for a developing children's brain.
We often feel sorry for children who are forced to go to a music school, believing that in an ordinary general education school a big load falls on them anyway, and with an additional piano-violin-solfeggio they will generally stop doing anything, start to get tired, etc. However, music lessons are actually only beneficial for children, and it is not only about broadening their horizons and educating a versatile personality. Psychologists from the University of Vermont (USA) argue that music lessons help children manage their own emotions, increase attentiveness and reduce anxiety.
As children grow older, the thickness of the cerebral cortex changes. Some of its parts may thicken, others thin, and such changes are reflected in behavior: the child has problems concentrating, academic performance decreases, depression or increased aggressiveness may appear.
Psychologists came up with the idea to correlate changes in the cerebral cortex with music lessons (or lack thereof). They analyzed brain tomography data from more than two hundred children and adolescents aged 6 to 18. As expected, music lessons were reflected primarily in the motor cortex, which is responsible for motor coordination. But, in addition, there were differences in those areas that were responsible for behavior, attention, working memory, organization and planning of actions. The influence of music lessons was favorable - changes in the cortex indicated that it matures faster, that is, all the above functions regarding attention, emotions, behavior, etc. should work properly.
The tomography data were confirmed by psychological tests that the participants in the experiment performed several times over the few years that the observations lasted.
In other words, even if the child does not become a great violinist or pianist, music lessons will still benefit the developing children's brain. Although even in this case it is hardly worth driving a child into a music school by force.
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