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
65. PROCEDURE FOR SUBMISSION AND CONSIDERATION OF CASSATION COMPLAINTS AND PROTESTS
The decisions of all courts in the Russian Federation, taken at first instance, with the exception of decisions of justices of the peace, by the parties and other persons participating in the case, may be filed appeal, and the prosecutor participating in the case may bring cassation submission.
A cassation appeal may be filed in person or sent to the court by mail within 10 days, which may be extended for valid reasons.
The cassation appeal is addressed to a higher court than the one that made the decision.
A cassation appeal may be filed only by persons participating in the case.
The content of a cassation complaint (protest) is determined by the specific circumstances of the case and the content of the decision rendered by the court.
A cassation appeal or presentation must contain:
1) the name of the court to which the complaint or presentation is addressed;
2) the name of the person filing the complaint or presentation, his place of residence or location;
3) an indication of the court decision that is being appealed;
4) the demands of the person filing the complaint, or the demands of the prosecutor making the presentation, as well as the grounds on which they consider the decision of the court to be incorrect;
5) a list of evidence attached to the complaint, presentation.
The cassation appeal must be signed by the person filing it. The appeal is signed by the prosecutor.
A cassation complaint, presentation and written evidence attached to them shall be submitted to the court with copies, the number of which must correspond to the number of persons participating in the case.
If the complaint or presentation meets the legal requirements, then the court accepts it for consideration.
The order of consideration of the case in the court of cassation:
1) the case begins with a report by its presiding judge or a member of the court;
2) explanations of the persons participating in the case, who appeared at the court session, and their representatives are heard. When giving explanations, the persons participating in the case and their representatives are not bound by the arguments of their complaints. They have the right to give additional reasons not specified in the complaint. The person making the complaint comes first. When appealing against the decision by both parties, the plaintiff is the first to act, since he initiated the process in the court of first instance. After the speeches of the parties, third parties come forward with explanations. The persons participating in the case have the right to ask each other questions after their speeches. The members of the court of cassation, having heard the explanations of the parties and other persons participating in the case, ask them questions in order to clarify certain circumstances that were not covered in their speeches;
3) examination of evidence;
4) judicial debate in the court of cassation;
5) the issuance of a cassation ruling and its announcement is the final and most important stage of the trial in the cassation instance. In accordance with the Code of Civil Procedure of the Russian Federation, after giving explanations by the participating persons and the conclusion of the prosecutor, the court retires to the deliberation room to issue a ruling. The meeting and announcement of the decision by the judge of the cassation instance take place in the manner established for the court of first instance.
Author: Gatin A.M.
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