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
9. FEATURES OF CIVIL PROCEDURAL RELATIONSHIPS
Civil procedural legal relations have the following features:
1) the obligatory subject of civil procedural legal relations is the court - bypassing the court, civil procedural legal relations do not arise. Direct civil procedural legal relations between the plaintiff and the defendant do not exist. In civil procedural legal relations, the court acts as both a collegial body and a single judge. Collegial consideration of cases is carried out by a court consisting of three professional judges;
2) each participant in the process is the bearer of independent rights and obligations in relation to the court. The court interacts with the plaintiff, defendant, representative, etc. In addition, each of these participants interacts with the court separately. Legal relations arise in the exercise of their rights by these persons. According to the law, the persons participating in the case have the right to get acquainted with the case materials, make extracts from them, make copies, challenge, present evidence and participate in their study, ask questions to other persons participating in the case, witnesses, experts and specialists; make petitions, including the request for evidence; give explanations to the court orally and in writing; present their arguments on all issues arising during the trial, object to the petitions and arguments of other persons participating in the case; appeal court decisions and use other procedural rights provided by the legislation on civil proceedings. Persons participating in the case must conscientiously use all procedural rights belonging to them;
3) these legal relations are of an authoritative nature - authoritativeness is manifested in the leading role of the court, which is a public authority and exercises coercion in relation to the participants. The court has significant responsibilities for the administration of justice, for the implementation of the entire civil process, where the court acts as a leading link, organizing the activities of all participants in the process. To carry out these duties, the court is endowed with a significant amount of powers, as well as means of coercion. This is established by the legislator with the aim of unhindered administration of justice by the court and the issuance of a competent, complete and fair decision;
4) the constant movement and development of civil procedural legal relations, but not their repetition, which fundamentally distinguishes procedural legal relations from material ones. The civil process is divided into a significant number of stages that perform certain functions assigned to them;
5) consistency of civil procedural legal relations - in the system, the main relationship is the relationship between the plaintiff and the court;
6) civil procedural legal relations arise from the moment of initiation of a civil case and are terminated by the execution of a court decision, ruling, resolution;
7) the subject of procedural legal relations is either a civil law or administrative law dispute.
Author: Gatin A.M.
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