Special proceedings in a civil proceeding involve the consideration of specific applications. The objectives of this process relate to the identification and recognition of certain circumstances on the basis of which certain obligations and rights arose, changed or ceased. The body considering such appeals is the court. Special production has specific features. Consider them later in the article. 
Characteristic
Special production in the civil process has the following features:
- The subject of consideration is legitimate interest.
- The method of protection is the establishment of specific conditions and facts of legal significance.
- The procedure for special proceedings does not provide for the possibility of a dispute about the legal relations of the parties involved in the consideration.
- The purpose of the process is to protect a specific interest.
- Initiation of cases is carried out by filing an application, which should not contain substantive requirements to the other side of the legal relationship.
- The participants in the process with their interests do not directly oppose each other.
- Resolution of cases is carried out in accordance with the substantive rules of the civil legal sphere.
Main categories
They are defined in Art. 262, part 1, Code of Civil Procedure. The following cases are referred to the cases of special proceedings:
- On the adoption (adoption).
- On the recognition of a citizen as missing or on declaring him dead.
- On the establishment of conditions and facts of legal significance.
- About emancipation (recognition of a minor as absolutely competent).
- On recognition of movable property as ownerless and transfer of ownership (municipal) to it.
- On making changes or corrections to the record of an act of civil status.
- About restoration of the right on warrant or lost securities.
- On compulsory hospitalization of a person in a psychiatric hospital and medical examination.
- About committing notarial acts or rejection of them.
- About restoration of the lost legal proceedings.
However, cited from Art. 262, part 1, the list is not considered exhaustive. Part 2 of this article expressly establishes that, in accordance with federal laws, special proceedings may also apply to other applications. In particular, they include appeals of cancellation disability (according to Article 268, part 1) and its recognition (Article 268, part 2).
main feature
As it is traditionally recognized in science, the absence of a dispute about law. This is the main feature by which a special production differs from others. This provision was enshrined in Art. 246, part 3, Code of Civil Procedure in 1964. Currently, this norm is framed in the agro-industrial complex and the modern Code of Civil Procedure. As stated in Part 3 of Art. 263 of the Civil Procedure Code, if a filed application reveals a dispute about a right, the authorized body makes a decision to leave the appeal without consideration. In its ruling, the court clarifies to both the applicant and other interested parties their right to resolve this dispute in the course of action proceedings. In law enforcement practice, these provisions are used quite widely. 
Subject composition
It also has its own specifics. Special production involves the use of a specific protective equipment. In his capacity, in particular, is a statement. In this regard, the participant submitting the appeal is called the applicant. All other parties act as interested people. A special proceeding does not provide for a plaintiff, defendant or third parties. This, in turn, means that there is no opportunity to use the lawsuit institutes.
Specific purpose of the process
In some categories of cases of special proceedings, the goal is to establish the specific legal status of not the applicant, but of another person. In particular, this concerns the consideration of a petition for recognition of legal capacity. In addition, it must be said that in proceedings carried out in a special proceeding, issues of confirming one or another subjective capacity of the applicants are beyond the scope of consideration. They are resolved in accordance with substantive law, which determine their occurrence in accordance with specific circumstances.
Their absence or presence must be established by a court ruling rendered during a special proceeding. It should also be noted that for a number of categories the protection of legitimate interests does not act as the goal of the process. In particular, this concerns cases concerning the forced hospitalization of citizens in psychiatric hospitals and the corresponding examination. In these cases, the legitimate interests of the doctors acting as applicants are less affected than those of the individuals involved. The appeal is thus filed with respect to the protection of directly hospitalized or examined citizens. 
Differences from the consideration of applications for public relations
They are similar to those that take place between cases of a category of special proceedings and appeals in the course of a lawsuit. This is due to the presence of one significant distinguishing feature between the latter and statements in public relations. The difference is substantive law, in accordance with which proceedings are carried out in cases of these types of civil proceedings. However, this feature does not act as a basis for combining certain categories into a separate group.
Important point
A special proceeding, as well as the other two types of traditional civil proceedings relating to cases of public legal relations and claims, is characterized by the possibility of considering the categories of appeals related to the dispute between the parties to the process. It can take place in all three cases. The dispute may be related to circumstances and facts that are governed by substantive law. However, in a special proceeding, it cannot relate to the duties and rights of the parties involved in the process with respect to each other or to persons in whose interests they act in the proceedings. It is this circumstance that allows us to conclude whether it is possible to consider a specific appeal within the framework of the described process, or whether it should be resolved within the framework of a hearing on a claim or in disputes regarding public legal relations. 
Opinions of scientists
It should be noted that in special publications there is a discussion about the subject of protection in proceedings in the framework of special proceedings. The first approaches to understanding this issue began to take shape by the mid-60s of the 20th century. So, Professor Zeider noted that the legislation classifies all proceedings in the framework of a special proceeding as the cases that are instituted in relation to the protection of interest. In this regard, the subject of such considerations becomes clear. As it logically acts legitimate interest, and not subjective law. At the same time, a different point of view was put forward and argued.
So, for example, Ghukasyan said that in cases considered in the framework of a special proceeding, usually it is really about protecting legitimate interests. But in some cases, material subjective law also acts as an object.An example can be considered cases concerning the recognition of property as ownerless and its transfer to the ownership of the municipality. In these cases, the court not only establishes a fact, but also decides the further legal fate of the property. This point of view is based on the division of proceedings within the framework of the sphere in question. In particular, there are such types of special production as:
- Establishment of a legal fact.
- Confirmation of the absence or presence of the applicant's subjective indisputable rights.
Cases related to the establishment of the fact of ownership of a building by the right of ownership and recognition of property as unowned belong to the second category. 
findings
Given the foregoing, we can definitely say that there is a two-fold scientific approach to determining the subject of protection in cases considered within the framework of a special production - narrow and wide. Scientists who hold the second point of view conclude that all matters relating to the protection of interests are classified as special proceedings. A narrow approach to the issue provides for greater specification. For this point of view, it is more characteristic to consider the subject of protection in a special proceeding regarding certain categories of civil cases, when it (legal interest or material subjective law) is established in relation to a decision on a specific type of dispute.
Special enforcement proceedings
In the framework of this direction, the implementation of decisions and decisions of authorized bodies is carried out. The bailiffs for special enforcement proceedings are competent and responsible officials in this area. However, it is not clear to everyone which decisions and decisions should be assigned to this category. In accordance with the Federal Laws, as well as on the basis of an order of the Ministry of Justice, the Special Enforcement Proceedings Department carries out activities to ensure the implementation of:
1. Decisions issued by the Arbitration Tribunal and bodies of general jurisdiction on applications:
- On taking measures to implement the claim in the amount of 50 or more million rubles.
- On foreclosure on pledged tangible assets (property) in the amount of 50 or more million rubles.
2. Decisions of customs and tax structures, as well as acts of other authorized bodies, if the amount of compensation for them is equal to or more than 100 million rubles. 
Additionally
In accordance with the executive documents, which are combined in summary proceedings with a recovery amount of 50 or more million rubles, transfer of the corresponding competence from another unit to the inter-district branch of the bailiffs in agreement with the deputy. Head of the UFS Service bailiffs.
